by Opinion Express / 13 July 2024
In a significant move, the Ministry of Home Affairs (MHA) has amended the Jammu and Kashmir Reorganization Act, 2019, enhancing some powers of the Lieutenant Governor of the erstwhile state. President Droupadi Murmu has approved these amendments, exercising powers conferred by section 55 of the Jammu and Kashmir Reorganisation Act, 2019, read with the Proclamation dated October 31, 2019, issued under section 73 of the Act, according to a notification by the MHA.
The President has amended the Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019. These amendments, called the Transaction of Business of the Government of Union Territory of Jammu and Kashmir (Second Amendment) Rules, 2024, took effect on July 12, 2024, upon their publication in the Official Gazette, a move made in anticipation of the speculated assembly elections in Jammu and Kashmir.
Several rules have been inserted into the principal rules. A notable addition is sub-rule (2A), stating that any proposal requiring the Finance Department's prior concurrence regarding 'Police,' 'Public Order,' 'All India Service,' and 'Anti Corruption Bureau' must be placed before the Lieutenant Governor through the Chief Secretary.
Additionally, rule 42A mandates that the Department of Law, Justice, and Parliamentary Affairs submit proposals for appointing the Advocate-General and other Law Officers to assist in court proceedings for the Lieutenant Governor's approval through the Chief Secretary and Chief Minister. Rule 42B requires that any proposal regarding prosecution sanctions or filing appeals be presented to the Lieutenant Governor via the Chief Secretary.
Furthermore, amendments to rule 43 state that matters related to 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 concerning the posting and transfer of Administrative Secretaries and cadre posts of All India Services officers must also be submitted to the Lieutenant Governor via the same route.