Home Ministry amends J&K Reorganization Act to empower Lt Governor; President Murmu approves

The changes give the L-G more say in matters pertaining to police and public order in Jammu and Kashmir

July 13, 2024

MHA amends rules to widen the administrative role of J&K L-G

The Ministry of Home Affairs (MHA) has made a significant amendment to the Jammu and Kashmir Reorganization Act, 2019, enhancing certain powers of the Lieutenant Governor of the former state.

President Droupadi Murmu has approved amendments to the rules under the authority granted by Section 55 of the Jammu and Kashmir Reorganization Act, 2019 (34 of 2019), in accordance with the Proclamation dated October 31, 2019, issued under Section 73 of the Act, as stated in a notification issued by the MHA.

The President made the rules further to amend the Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019.

As stated by the news agency ANI, 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”.

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”.

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