NEW DELHI: The
ministry of home affairs
amended the
Jammu and Kashmir Reorganization Act
, 2019, thereby increasing powers of the
lieutenant governor
of the former state.
President Droupadi Murmu has approved these changes under section 55 of the Jammu and Kashmir Reorganization Act, 2019, introducing new sections that enhance the powers of the lieutenant governor.
Manoj Sinha
has been serving as the
LG
of Jammu and Kashmir since August 2020.
These amendments, called the Transaction of Business of the UT of Jammu and Kashmir govt (Second Amendment) Rules, 2024, came into force on Friday, as published in the Official Gazette.
The amendments are significant, especially in the context of the anticipated assembly elections in Jammu and Kashmir. The changes primarily involve the insertion of new rules that enhance the discretion of the Lieutenant Governor in various administrative domains.
A newly-added sub-rule, 2A, states, “No proposal which requires previous concurrence of the Finance Department with regard to ‘Police,’ ‘Public Order,’ ‘All India Service’ and ‘Anti-Corruption Bureau’ to exercise the discretion of the Lieutenant Governor under the Act shall be concurred or rejected unless it has been placed before the lieutenant governor through the chief secretary.”
Another insertion, rule 42A, reads, “Department of Law, Justice and Parliamentary Affairs shall submit the proposal for appointment of Advocate-General and other Law Officers to assist the Advocate-General in the court proceedings, for approval of the lieutenant governor through the chief secretary and the chief minister.”
Moreover, the new rule 42B specifies, “Any proposal regarding grant or refusal of prosecution sanction or filing of an appeal shall be placed before the lieutenant governor through the chief secretary by the department of law, justice and parliamentary affairs.”
In addition, changes to rule 43 include new provisos related to matters connected with Prisons, Directorate of Prosecution, and Forensic Science Laboratory. These changes highlight that, “the matters shall be submitted to the Lieutenant Governor by Administrative Secretary, Home Department through the Chief Secretary.”
Further clarification states, “Provided also that in respect of matters connected with posting and transfer of Administrative Secretaries and cadre posts of All India Services officers, the proposal shall be submitted to the Lieutenant Governor by the administrative secretary, General Administration Department through the chief secretary.”
These amendments follow the principal rules published in the Gazette of India on August 27, 2020, and previously amended on February 28, 2024. They aim to streamline administrative processes and ensure that the discretion of the lieutenant governor is effectively and systematically exercised.
These changes mark a substantial shift in the administrative framework of the Union Territory of Jammu and Kashmir, highlighting a move towards greater central control. The enhanced powers of the Lieutenant Governor are geared towards facilitating smoother governance in the region, covering key areas from policing to public order and legal affairs.
The ministry's detailed notification underscores the procedural specifics, ensuring that all proposals in specified domains pass through appropriate channels before reaching the office of the lieutenant governor. With these amendments, the governance and administrative dynamics of Jammu and Kashmir are set to undergo notable changes in the forthcoming period.
English (US) ·