In a significant development, the Ministry of Home Affairs (MHA) has amended the Jammu and Kashmir Reorganization Act, 2019, enhancing certain powers of the Lieutenant Governor of the erstwhile state.
The amendments, approved by President Droupadi Murmu, were made under the powers conferred by section 55 of the Jammu and Kashmir Reorganisation Act, 2019, and are detailed in a notification issued by the MHA.
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The President’s approval led to changes in the Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019. These amendments, referred to as the Transaction of Business of the Government of Union Territory of Jammu and Kashmir (Second Amendment) Rules, 2024, came into force on July 12, coinciding with their publication in the Official Gazette. This move is seen as preparation for the anticipated assembly elections in Jammu and Kashmir.
Key amendments include:
Sub-rule (2A): Proposals requiring the previous concurrence of the Finance Department concerning ‘Police’, ‘Public Order’, ‘All India Service’, and ‘Anti-Corruption Bureau’ must be placed before the Lieutenant Governor through the Chief Secretary for concurrence or rejection.
Rule 42A: The Department of Law, Justice, and Parliamentary Affairs must submit proposals for the appointment of the Advocate-General and other Law Officers for approval of the Lieutenant Governor through the Chief Secretary and the Chief Minister.
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Rule 42B: Proposals regarding the grant or refusal of prosecution sanctions or filing of appeals must be placed before the Lieutenant Governor through the Chief Secretary by the Department of Law, Justice, and Parliamentary Affairs.
Rule 43 Amendments: Matters connected with Prisons, the Directorate of Prosecution, and the Forensic Science Laboratory must be submitted to the Lieutenant Governor by the Administrative Secretary, Home Department, through the Chief Secretary. Proposals related to the posting and transfer of Administrative Secretaries and cadre posts of All India Services officers must also be submitted to the Lieutenant Governor by the Administrative Secretary, General Administration Department, through the Chief Secretary.
The original principal rules were published in the Gazette of India on August 27, 2020, and subsequently amended on February 28, 2024. These recent changes reflect a strategic shift in the governance of Jammu and Kashmir, aligning with the broader administrative framework post-reorganization.
