MHA Amends Jammu And Kashmir Reorganization Act, Enhances LG's Authority

In a significant move, the Ministry of Home Affairs has revised rules of the Jammu and Kashmir Reorganization Act to enhance the authority of the Lieutenant Governor. The Ministry announced these changes under Section 55 of the Jammu and Kashmir Reorganisation Act, 2019. According to sources, "only the transaction of Business Rules have been amended".

"Nothing new has been provided in these rules. It is already mentioned in the State Reorganization Act of 2019. The current amendment to rules is just a clarificatory in nature flowing from the existing provisions of SRA 2019," sources said.

President's Approval for Amendments

President Droupadi Murmu has approved these amendments, exercising powers under section 55 of the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019), along with the Proclamation dated October 31, 2019, issued under section 73 of the Act. This was confirmed by a notification from the Ministry of Home Affairs.

The President has made further amendments to the Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019. "These rules may be called the Transaction of Business of the Government of Union Territory of Jammu and Kashmir (Second Amendment) Rules, 2024," stated the notification.

Key Changes in Rules

The amendments will take effect on July 12, as published in the Official Gazette. This move comes ahead of anticipated assembly elections in Jammu and Kashmir. In these principal rules, several new sub-rules have been added.

One such addition is sub-rule (2A), which 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 is rule 42A, which specifies that "Department of Law, Justice and Parliamentary Affairs shall submit proposals for appointment of Advocate-General and other Law Officers to assist in court proceedings for approval by the Lieutenant Governor through the Chief Secretary and Chief Minister".

Rule 42B has also been added: "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".

Additional Provisions Introduced

In rule 43, after its third proviso, new provisos have been inserted focusing on matters related to Prisons, Directorate of Prosecution, and Forensic Science Laboratory. These matters must be submitted to the Lieutenant Governor by Administrative Secretary, Home Department through Chief Secretary.

"Provided also that in respect of matters connected with posting and transfer of Administrative Secretaries and cadre posts of All India Services officers, proposals shall be submitted to Lieutenant Governor by Administrative Secretary, General Administration Department through Chief Secretary," states another proviso.

The principal rules were initially published in India's Gazette on August 27, 2020. They were subsequently amended on February 28, 2024.