New Delhi: The Union home ministry has enhanced the powers of the lieutenant governor (LG) after amending the transaction of business rules under the Jammu and Kashmir Reorganisation Act, 2019. In a late evening clarifications, officials said that the notification regarding transaction of business rules was not an amendment to the Jammu and Kashmir Reorganisation Act, 2019, as some media reports suggested, but a simple amendment to the transaction rules issued to avoid any ambiguity.
The notification did not in any sense alter the balance of powers as enshrined in the law, which has been passed by Parliament and upheld by the Supreme Court, they said. The amendments came into force on July 12, the date of the publication in the Official Gazette — a move in anticipation of the speculated assembly election in J&K, Officials said the decision is in line with the other union territories.
As per section 32 of the Act, the legislative assembly may make laws with respect to any of the matters enumerated in the state list, except the “police” and “public order”, or the concurrent list in the Seventh Schedule to the Constitution of India.
As per section 53 of the Act, the LG shall exercise his functions in his discretion in a matter which falls outside the purview of powers conferred on the legislative assembly, related to all-India services and Anti-Corruption Bureau and any other matter required under any law to act in its discretion.
The functions of the LG have been clearly defined and delineated in the Act and these reflect in the transaction of business rules, officials said, adding that the notification was meant to provide more clarity on the processes so as to enable smooth administration of J&K.
President Droupadi Murmu gave approval to the amendments, exercising the power 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, said a notification issued by the ministry.
The President also approved amendment 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,” said the notification.
In the ‘Transaction of Business Rules’, sub-rule 2A has been inserted after sub-rule (2) in rule 5, It says, “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”.
In the principal rules, after Rule 42, Rule 42A has been inserted giving the LG power to appoint the advocate general and law officers for the union territory.
As per the new rule, “Department of Law, Justice and Parliamentary Affairs shall submit the proposal for appointment of Advocate-General and other Law Officers to assist the Advocate-General in the court proceedings, for approval of the Lieutenant Governor through the Chief Secretary and the Chief Minister.”
