Notification Is Not Amendment To Jammu and Kashmir Reorganisation Act: MHA

As the July 12 notification over transaction of business rules for Jammu and Kashmir raised a political debate, the MHA came out with a clarification on it, asserting that the notification is not an amendment to the Jammu and Kashmir Reorganisation Act, 2019.

New Delhi: As an amendment over transaction of business rules for Jammu and Kashmir raised a major political controversy, the Ministry of Home Affairs (MHA) on Saturday came out with a clarification saying that the notification is not an amendment to the Jammu and Kashmir Reorganisation Act, 2019.

“The notification dated 12th July 2024, regarding transaction of business rules is not an amendment to the Jammu and Kashmir Reorganisation Act, 2019. Some media have wrongly reported it as an amendment to the act. It is a simple amendment to the transaction rules which are issued to avoid any ambiguity,” the MHA said.

It said that this notification does not in any sense alter the balance of powers as enshrined in the Jammu and Kashmir Reorganisation Act, 2019. “The said Act has been Passed by the Parliament of India in August 2019 and the same has been upheld by the Hon’ble Supreme Court of India,” the ministry stated.

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, the MHA said.

“As per section 53 of the Act, the Lieutenant Governor, shall exercise his functions in his discretion in a matter which falls outside the purview of powers conferred on Legislative Assembly, related to All India Services and Anti-Corruption Bureau and any other matter which he is required by or under any law to act in its discretion,” it said.

In view of the aforementioned provisions for powers of Legislative Assembly and functions of the Lieutenant Governor have been clearly defined and delineated in the Act and the same has been reflected in transaction of business rules.

“It is to be noted that President in exercise of powers conferred by Section 55 of the Act issued The Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019 (G.S.R 534(E) of 2020 dated 27.08.2020, Ministry of Home Affairs) for more convenient transaction of business of the Government,” the MHA stated.

The current notification is to provide better clarity on the processes so as to enable smooth administration of UT of J&K. Along with J&K based political parties, the Congress also came down heavily over the central government over the notification.

Senior Congress leader, Jairam Ramesh said that last night, the Ministry of Home Affairs notified the amended Rules under Section 55 of the J&K Reorganisation Act, 2019, inserting new Sections giving expanded powers to the LG.

“The only meaning that can be drawn from this notification is that full-fledged statehood for J&K does not seem likely in the immediate future. There has been a consensus across political parties that J&K must immediately become a full-fledged state of the Indian Union once again, and not remain as a UT,” he said.

The amendments to the transaction of business rules for Jammu and Kashmir, recently implemented by the Ministry of Home Affairs, grant the Lieutenant Governor increased authority over administrative decisions and appointments.

Read More