The Ministry of Home Affairs (MHA), in a significant move on Saturday, revised the rules governing the Jammu and Kashmir Reorganization Act, 2019, expanding the authority of the Lieutenant Governor of the erstwhile state.
President Droupadi Murmu approved these amendments, exercising powers under the Act, as per a notification issued by the MHA.
"The amendments, titled the Transaction of Business of the Government of Union Territory of Jammu and Kashmir (Second Amendment) Rules, 2024, will take effect from July 12, as published in the Official Gazette," the notification stated. This comes ahead of anticipated assembly elections in Jammu and Kashmir.
Under the new rules, several key provisions have been introduced. According to the inserted sub-rule (2A), decisions requiring the Finance Department's prior concurrence in areas such as 'Police', 'Public Order', 'All India Service', and 'Anti Corruption Bureau' must be presented to the Lieutenant Governor via the Chief Secretary before approval or rejection.
Rule 42A mandates that the Department of Law, Justice, and Parliamentary Affairs submit proposals for the appointment of Advocate-General and other Law Officers for the Lieutenant Governor's approval, through both the Chief Secretary and the Chief Minister. Similarly, rule 42B stipulates that any proposals regarding prosecution sanctions or appeals must be routed through the Lieutenant Governor via the Chief Secretary by the Department of Law, Justice, and Parliamentary Affairs.
Further amendments to rule 43 specify that matters concerning Prisons, the Directorate of Prosecution, and the Forensic Science Laboratory will be submitted to the Lieutenant Governor by the Administrative Secretary of the Home Department through the Chief Secretary. The provisos also include procedures for posting and transfer of Administrative Secretaries and cadre posts of All India Services officers, which require proposals to be submitted to the Lieutenant Governor through the Administrative Secretary of the General Administration Department, also via the Chief Secretary.
These amendments build upon the original rules published in the Gazette of India on August 27, 2020, and subsequently amended on February 28, 2024, marking a significant update in the governance framework of Jammu and Kashmir.
After the central government revised the rules of the Jammu and Kashmir Reorganization Act, 2019 to grant additional authority to the Lieutenant Governor, National Conference leader Omar Abdullah expressed concern that this change would diminish the authority of the new Chief Minister. He also suggested that the move signals the likelihood of upcoming elections in Jammu and Kashmir.
"Another indicator that elections are around the corner in J-K. This is why a firm commitment to laying out the timeline for the restoration of full, undiluted statehood for J-K is a prerequisite for these elections. The people of J-K deserve better than a powerless, rubber stamp CM who will have to beg the LG to get his/her peon appointed," Omar Abdullah posted on X.
