In a landmark move, the Ministry of Home Affairs (MHA) has amended the Jammu and Kashmir Reorganisation Act, 2019, significantly boosting the powers of the Lieutenant Governor of the Union Territory.
President Droupadi Murmu has sanctioned these amendments under section 55 of the Act, along with the Proclamation dated October 31, 2019, issued under section 73 of the Act, as detailed in a recent MHA notification.
The amendments, which alter the Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019, are set to come into force on July 12, following their publication in the Official Gazette. These changes are seen as a preparatory step ahead of the anticipated assembly elections in Jammu and Kashmir.
One key change is the introduction of sub-rule (2A), which mandates that any proposal requiring prior approval from the Finance Department concerning ‘Police’, ‘Public Order’, ‘All India Service’, and the ‘Anti Corruption Bureau’ must be presented to the Lieutenant Governor through the Chief Secretary.
Another addition, rule 42A, requires the Department of Law, Justice, and Parliamentary Affairs to submit proposals for appointing the Advocate-General and other Law Officers to the Lieutenant Governor for approval via the Chief Secretary and the Chief Minister.
Under the new rule 42B, any proposal related to granting or denying prosecution sanctions or filing appeals must also be submitted to the Lieutenant Governor through the Chief Secretary by the Department of Law, Justice, and Parliamentary Affairs.
Furthermore, amendments to rule 43 now include provisos concerning Prisons, the Directorate of Prosecution, and the Forensic Science Laboratory. These matters must be presented to the Lieutenant Governor by the Home Department’s Administrative Secretary through the Chief Secretary. Additionally, proposals regarding the posting and transfer of Administrative Secretaries and All India Services cadre posts must follow the same submission process.
The original principal rules were published in the Gazette of India on August 27, 2020, and were previously amended on February 28, 2024.
