MHA amends Rules to widen the administrative role of J&K L-G
The changes give the L-G more say in matters pertaining to police and public order
The Union Ministry of Home Affairs (MHA) on Friday widened the ambit of the administrative role of the Lieutenant Governor of Jammu and Kashmir by amending the Transaction of Business Rules. The amendment gives the L-G 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On August 5, 2019, the special status granted to J&K under Article 370 of the Constitution was revoked and the former State was divided into two Union Territories: J&K and Ladakh, the latter without an assembly.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.
On Friday, the MHA notified the amended Rules under Section 55 of the Jammu and Kashmir Reorganisation Act, 2019 which inserted new Sections defining the role of the L-G.
“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,” the notification said.
It added another provision which said, “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 said that any proposal regarding grant or refusal of prosecution sanction or filing of appeal shall be placed before the Lieutenant Governor through the Chief Secretary by the Department of Law, Justice and Parliamentary Affairs.
All matters connected with Prisons, Directorate of Prosecution and Forensic Science Laboratory are also to be submitted to the L-G.
On August 28, 2019, the MHA notified the Rules first for administration in the Union Territory of J&K specifying the functions of the L-G and the Council of Ministers.
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