New Delhi: In a significant update, the Ministry of Home Affairs (MHA) has revised the Jammu and Kashmir Reorganization Act of 2019, thereby increasing the powers of the Lieutenant Governor of the former state. President Droupadi Murmu has sanctioned these amendments, invoking the authority granted by section 55 of the Jammu and Kashmir Reorganization Act, 2019, and the Proclamation dated October 31, 2019, under section 73 of the Act, as per an MHA notification.
The President has introduced modifications to the Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019. These new rules, referred to as the Transaction of Business of the Government of Union Territory of Jammu and Kashmir (Second Amendment) Rules, 2024, will become effective on July 12, the day they are published in the Official Gazette. This change is seen as preparation for the anticipated assembly elections in Jammu and Kashmir.
Several rules have been added to the principal rules. One significant addition is sub-rule (2A), which stipulates that any proposal requiring the prior concurrence of the Finance Department on matters related to ‘Police’, ‘Public Order’, ‘All India Service’, and ‘Anti Corruption Bureau’ must be reviewed by the Lieutenant Governor through the Chief Secretary before it can be approved or rejected.
Furthermore, a new rule 42A has been added, mandating that the Department of Law, Justice and Parliamentary Affairs must submit proposals for the appointment of the Advocate-General and other Law Officers for the Lieutenant Governor’s approval through the Chief Secretary and the Chief Minister. Rule 42B has also been introduced, requiring that any proposals regarding the grant or refusal of prosecution sanctions or appeals be presented to the Lieutenant Governor via the Chief Secretary.
In addition, rule 43 has been expanded to include provisions concerning matters related to Prisons, the Directorate of Prosecution, and the Forensic Science. These matters must now be submitted to the Lieutenant Governor by the Administrative Secretary of the Home Department through the Chief Secretary.
It is worth noting that the principal rules were originally published on August 27, 2020, and were last amended on February 28, 2024.
