Manas Dasgupta
NEW DELHI, July 13: In a significant move, the Union Home Ministry (MHA) on Saturday enhanced the powers of the Lieutenant Governor of Jammu and Kashmir on the lines of the powers given to the Delhi LG drawing ire from political parties that the centre intended to continue to wield powers through the LG even after the restoration of statehood of Jammu and Kashmir after the state Assembly elections.
Widening the ambit of the administrative roles of the LG by amending the Transaction of Business Rules under the Jammu and Kashmir Reorganization Act, 2019, the MHA gave the LG more say in matters pertaining to police, public order, All India Service (AIS) which require prior concurrence of the Finance Department and also their transfers and postings. Any proposal regarding appointment of Advocate-General, Law Officers and proposals regarding grant or refusal of prosecution sanction or filing of appeal shall be placed before the L-G first.
On August 5, 2019, the special status granted to J&K under Article 370 of the constitution was revoked and the former State was divided into two Union Territories: J&K and Ladakh, the latter without an assembly. J&K has been under Central rule since June 2018.
The government has said that Statehood will be restored after Assembly elections are held. The Constitution Bench of the Supreme Court has ordered the Election Commission to conduct elections to J&K Assembly before September 30, 2024.
President Droupadi Murmu has given her approval to the amendments in the rule exercising the powers conferred by section 55 of the Jammu and Kashmir Reorganisation Act, 2019, (34 of 2019) read with the Proclamation dated 31st October 2019 issued under section 73 of the Act, a notification issued by the MHA dated July 12 mentioned. The amendments also come into force on July 12, the date of the publication in the Official Gazette – a move in anticipation of the speculated assembly elections in Jammu and Kashmir.
The President made the rules further to amend the Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019. “These rules may be called the Transaction of Business of the Government of Union Territory of Jammu and Kashmir (Second Amendment) Rules, 2024,” reads the notification.
In the Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019 (hereinafter referred to as the principal rules), some rules have been inserted. As per 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”.
In the principal rules, after rule 42, rule 42A has been inserted pointing, “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.”
In the inserted rule 42B, “Any proposal regarding grant or refusal of prosecution sanction or filing of an appeal shall be placed before the Lieutenant Governor through the Chief Secretary by the Department of Law, Justice and Parliamentary Affairs”.
In the principal rules, in rule 43, after the third proviso, the notification states that some provisos shall be inserted, focusing on matters connected with Prisons, Directorate of Prosecution and Forensic Science Laboratory, under which “the matters shall be submitted to the Lieutenant Governor by Administrative Secretary, Home Department through the Chief Secretary”.
“Provided also that in respect of matters connected with posting and transfer of Administrative Secretaries and cadre posts of All India Services officers, the proposal shall be submitted to the Lieutenant Governor by the Administrative Secretary, General Administration Department through the Chief Secretary.” The principal rules were published in the Gazette of India dated August 27, 2020, and subsequently amended on February 28, 2024.
Most of the political parties in Jammu and Kashmir have condemned the move claiming that it would reduce the Assembly elections and restoration of its statehood to a farce as the centre would continue to wield all the powers through proxy and the elected body would only become a showpiece.