NEW DELHI: Ahead of the looming assembly elections in Jammu and Kashmir, the Government of India has defined with greater clarity and clarity the powers of the Lieutenant Governor (LG) of Jammu and Kashmir with regard to issues like postings, transfers and granting or refusing prosecution sanction of personnel of all India agencies including police, Indian AS, Indian Intelligence Service (IPS) and Anti-Corruption Bureau (ACB).
An amendment notification to the Government of Jammu and Kashmir Transactions of Business Rules, 2019, issued on Friday, states that proposals which require prior consent of the Finance Department in respect of ‘Police’, ‘Public Order’, ‘All India Services’ and ‘Anti-Corruption Bureau’ in exercise of the LG’s discretionary powers under the Jammu and Kashmir Reorganisation Act, 2019, cannot be agreed or rejected unless submitted to the LG through the Chief Secretary. This sub-rule has been added to Rule 5(2) of the Transactions of Business Rules, 2019, which simply states that any proposal to which the Finance Department has not agreed shall not be proceeded with unless a decision to that effect is taken by the Council of Ministers and approved by the LG.
According to sources, as the state government and state assembly are expected to be formed after the state assembly elections, the sub-rule has been added to remove any ambiguity regarding Section 32 of the Act, which allows the Jammu and Kashmir Assembly to enact laws relating to ‘police’ and ‘public order’ or matters in the State List other than the Concurrent List. Also, Section 53 of the Act empowers the LG to exercise discretionary functions in matters outside the scope of powers conferred on the state assembly, such as in relation to all India services and anti-corruption bureaus.
“Keeping in view the aforesaid provisions, the powers of the Legislative Assembly and the functions of the local governments have been clearly defined and explained in the law, which is also reflected in the laid down rules of procedure…This notification is to bring greater clarity to procedures and enable smooth administration of the state of Jammu and Kashmir,” a senior home ministry official told TOI on Saturday.
The transaction notified on Friday amends rule 43 of the main rule by adding a fourth proviso that matters relating to prisons, prosecutor’s offices and forensic science laboratories shall be submitted by the administrative secretary to the home ministry through the principal secretary to the local government. Similarly, matters relating to postings and transfers of administrative secretaries and cadre posts of All India Services officers shall be submitted by the administrative secretary to the general administration department through the principal secretary to the local government.
Rule 42 has been supplemented with sub-rule 42A which provides that the Department of Law, Justice and Parliamentary Affairs, through the Principal Secretary and the Chief Minister, shall submit to the LG proposals for the appointment of Advocate General and other law officers to assist the Advocate General in court proceedings. Another new sub-rule 42B requires the Department of Law, Justice and Parliamentary Affairs to submit to the LG through the Principal Secretary any proposals for granting or refusing sanction for prosecution or for filing an appeal.
Home ministry sources said Friday’s notification “does not in any way alter the balance of powers enshrined in the Jammu and Kashmir Reorganisation Act, 2019,” which was passed by Parliament in 2019 and upheld by the Supreme Court. The official added that the trade and operations rules have been amended to enforce the powers conferred on the President of India by Article 55 of the Act.
An amendment notification to the Government of Jammu and Kashmir Transactions of Business Rules, 2019, issued on Friday, states that proposals which require prior consent of the Finance Department in respect of ‘Police’, ‘Public Order’, ‘All India Services’ and ‘Anti-Corruption Bureau’ in exercise of the LG’s discretionary powers under the Jammu and Kashmir Reorganisation Act, 2019, cannot be agreed or rejected unless submitted to the LG through the Chief Secretary. This sub-rule has been added to Rule 5(2) of the Transactions of Business Rules, 2019, which simply states that any proposal to which the Finance Department has not agreed shall not be proceeded with unless a decision to that effect is taken by the Council of Ministers and approved by the LG.
According to sources, as the state government and state assembly are expected to be formed after the state assembly elections, the sub-rule has been added to remove any ambiguity regarding Section 32 of the Act, which allows the Jammu and Kashmir Assembly to enact laws relating to ‘police’ and ‘public order’ or matters in the State List other than the Concurrent List. Also, Section 53 of the Act empowers the LG to exercise discretionary functions in matters outside the scope of powers conferred on the state assembly, such as in relation to all India services and anti-corruption bureaus.
“Keeping in view the aforesaid provisions, the powers of the Legislative Assembly and the functions of the local governments have been clearly defined and explained in the law, which is also reflected in the laid down rules of procedure…This notification is to bring greater clarity to procedures and enable smooth administration of the state of Jammu and Kashmir,” a senior home ministry official told TOI on Saturday.
The transaction notified on Friday amends rule 43 of the main rule by adding a fourth proviso that matters relating to prisons, prosecutor’s offices and forensic science laboratories shall be submitted by the administrative secretary to the home ministry through the principal secretary to the local government. Similarly, matters relating to postings and transfers of administrative secretaries and cadre posts of All India Services officers shall be submitted by the administrative secretary to the general administration department through the principal secretary to the local government.
Rule 42 has been supplemented with sub-rule 42A which provides that the Department of Law, Justice and Parliamentary Affairs, through the Principal Secretary and the Chief Minister, shall submit to the LG proposals for the appointment of Advocate General and other law officers to assist the Advocate General in court proceedings. Another new sub-rule 42B requires the Department of Law, Justice and Parliamentary Affairs to submit to the LG through the Principal Secretary any proposals for granting or refusing sanction for prosecution or for filing an appeal.
Home ministry sources said Friday’s notification “does not in any way alter the balance of powers enshrined in the Jammu and Kashmir Reorganisation Act, 2019,” which was passed by Parliament in 2019 and upheld by the Supreme Court. The official added that the trade and operations rules have been amended to enforce the powers conferred on the President of India by Article 55 of the Act.
