Centre Amends Jammu and Kashmir Reorganisation Act, Gives More Power To LG

The amendments to the Jammu and Kashmir Reorganisation Act, 2019 that came into force on Friday involves insertion of new rules to increase the powers of the Lieutenant Governor in administrative work of the former state. This is seen as a significant move in view of the anticipated assembly elections here.

Hyderabad:The Ministry of Home Affairs (MHA) has increased the powers of the Lieutenant Governor (LG) by amending the Jammu and Kashmir Reorganisation Act, 2019. President Droupadi Murmu has approved the amendment under section 55 of the Act, a notification issued by MHA stated.

Following which, more powers have been entrusted on the LG for taking decisions on police, all-India services officers and appointment of advocate and other law officers. He has been given powers for sanctioning prosecution in certain cases and taking decisions on anti-corruption bureau related matters.

Manoj Sinha is serving as Jammu and Kashmir LG since August 2020. The Kashmir Reorganisation Act, 2019 was enacted for the bifurcation of the former state while abrogating Article 370.

The amendments, called the Transaction of Business of the Government of Union Territory of Jammu and Kashmir (Second Amendment) Rules, 2024, came into force on July 12, with the publication in the Official Gazette. The move is considered to be significant in view of the anticipated assembly elections in Jammu and Kashmir.

According to the notification issued by the Ministry, "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."

A newly inserted rule after rule 42, states, "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."

It further stated that any proposal in connection with prosecution sanction or filing of appeal shall be placed before the L-G through the chief secretary by the department of law, justice and parliamentary affairs.

Another insertion in rule 43 includes provision in connection with Prisons, Directorate of Prosecution and Forensic Science Laboratory. It added, "the matters shall be submitted to the Lieutenant Governor by Administrative Secretary, Home Department through the Chief Secretary."

The Ministry also clarified that in respect of matters connected with posting and transfer of administrative secretaries and cadre posts of all-India services officers, proposal shall be submitted to the Lieutenant Governor by the administrative secretary, general administration department through the chief secretary.

Notably, the principal rules were published in the Gazette of India dated August 27, 2020, and was later amended on February 28, 2024.

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