J&K Reorganisation Act Amended, Lt Governor's Powers Get Shot In The Arm

In a key development, the Ministry of Home Affairs (MHA) has revised the Jammu and Kashmir Reorganization Act, 2019.

With this amendment, certain powers of the Lieutenant Governor of the former state will be enhanced.

Photo Credit: PTI

President Droupadi Murmu has sanctioned these changes under 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.

The President has further amended the Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019.

According to an MHA notification, "These rules may be called the Transaction of Business of the Government of Union Territory of Jammu and Kashmir (Second Amendment) Rules, 2024." These amendments took effect on July 12, following their publication in the Official Gazette.

Enhanced Powers for Lieutenant Governor

In rule 42A, it is stated that "The Department of Law, Justice and Parliamentary Affairs shall submit proposals for appointing the Advocate-General and other Law Officers to assist in court proceedings for approval by the Lieutenant Governor through the Chief Secretary and Chief Minister."

This change aims to streamline legal appointments within the Union Territory.

Additionally, rule 42B specifies that "Any proposal regarding grant or refusal of prosecution sanction or filing an appeal shall be placed before the Lieutenant Governor through the Chief Secretary by the Department of Law, Justice and Parliamentary Affairs."

This ensures that significant legal decisions are reviewed at higher administrative levels.

Administrative Changes

The amendments also introduce new provisions in rule 43 concerning matters related to Prisons, Directorate of Prosecution, and Forensic Science Laboratory.

The notification states that such matters "shall be submitted to the Lieutenant Governor by Administrative Secretary, Home Department through the Chief Secretary." This aims to centralise decision-making processes related to law enforcement infrastructure.

Furthermore, it is noted that "in respect of matters connected with posting and transfer of Administrative Secretaries and cadre posts of All India Services officers," proposals must be submitted to the Lieutenant Governor by the Administrative Secretary, General Administration Department through the Chief Secretary. This change seeks to ensure a more coordinated approach to high-level administrative appointments.

Financial Oversight

The newly inserted sub-rule (2A) clarifies financial oversight: "No proposal which requires previous concurrence from the Finance Department regarding 'Police', 'Public Order', 'All India Service' and 'Anti Corruption Bureau' shall be concurred or rejected unless it has been placed before the Lieutenant Governor through the Chief Secretary."

This ensures that financial decisions in critical areas are thoroughly vetted.

The principal rules were initially published in India's Gazette on August 27, 2020. They were later amended on February 28, 2024. These latest changes come amid speculation about upcoming assembly elections in Jammu and Kashmir.

The amendments reflect a strategic move to enhance governance efficiency in Jammu and Kashmir. By centralising key administrative functions under the Lieutenant Governor's purview, these changes aim to streamline decision-making processes within this Union Territory.