In a significant legislative move, the Ministry of Home Affairs (MHA) has amended the Jammu and Kashmir Reorganisation Act, 2019, augmenting certain powers of the Lieutenant Governor of the erstwhile state. The amendments, approved by President Droupadi Murmu, come into effect from July 12, 2024, as per the official notification published in the Gazette of India. The amendments pertain to the Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019. These rules will now be referred to as the Transaction of Business of the Government of Union Territory of Jammu and Kashmir (Second Amendment) Rules, 2024.

According to the inserted sub-rule (2A), "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".

Furthermore, new rule 42A stipulates that the Department of Law, Justice, and Parliamentary Affairs must submit proposals for the appointment of the Advocate-General and other law officers to the Lieutenant Governor through the Chief Secretary and the Chief Minister. Rule 42B adds that any proposal regarding the grant or refusal of prosecution sanctions or the filing of appeals must also be routed to the Lieutenant Governor through the Chief Secretary.

Additional provisions have been included under rule 43, emphasising that matters related to Prisons, the Directorate of Prosecution, and the Forensic Science Laboratory must be submitted to the Lieutenant Governor by the Administrative Secretary, Home Department, through the Chief Secretary. Another proviso requires proposals concerning the posting and transfer of Administrative Secretaries and cadre posts of All India Services officers to be submitted to the Lieutenant Governor by the Administrative Secretary, General Administration Department, through the Chief Secretary.

The principal rules were originally published in the Gazette of India on August 27, 2020, and were previously amended on February 28, 2024. These latest amendments are seen as a preparatory move ahead of the anticipated assembly elections in Jammu and Kashmir, aimed at streamlining the administrative processes and enhancing the discretionary powers of the Lieutenant Governor.

The amendments reflect the central government's continued efforts to maintain effective governance and law and order in the Union Territory, following the abrogation of Article 370 and the reorganisation of the state in 2019.

Image source: ANI