India
Centre gives J&K LG more powers ahead of state Assembly elections | India News – Times of India
NEW DELHI: Ahead of the upcoming state assembly elections in J&K, Centre has defined more clearly and unambiguously the powers of the Lieutenant Governor (LG) of Jammu and Kashmir in relation to matters such as police, posting and transfer of officers of all Indian services including the IAS and IPS, Anti-Corruption Bureau (ACB) and whether or not to prosecute.
A notification issued on Friday to amend the Government of Union Territory of Jammu and Kashmir Transactions Rules, 2019, states that no proposal requiring prior concurrence of the Finance Department relating to ‘police’, ‘public order’, ‘All India Service’ and ‘Anti-Corruption Bureau’ to exercise the LG’s discretionary power under the J&K Reorganisation Act, 2019, shall be approved or rejected unless it is placed before the LG through the Principal Secretary. This sub-rule has been added to Section 5(2) of the Transactions Rules, 2019, which simply states that no proposal not approved by the Finance Department shall be allowed to proceed unless a resolution to that effect is passed by the Council of Ministers and approved by the LG.
Sources said it was with a state government and legislative assembly set to be installed after the Assembly elections, the sub-rule was added to remove any ambiguity with regard to Section 32 of the Act which empowers the J&K Legislative Assembly to make laws in respect of all matters in the State List, except ‘police’ and ‘public order’ or the Concurrent List. Similarly, Section 53 of the Act empowers the LG to exercise his functions as he thinks fit in matters falling outside the ambit of powers conferred on the Legislative Assembly, in respect of the All-India Services and Anti-Corruption Bureau, etc.
“In view of the above provisions, the powers of the legislative assembly and the functions of the LG have been clearly defined and demarcated in the Act and the same is now reflected in the transaction of business rules… the present notification is aimed at providing more clarity on the processes to enable smooth administration of UT of J&K,” a senior official from the home ministry told TOI on Saturday.
The transaction of cases announced on Friday amends Rule 43 of the Principal Rules by inserting a fourth proviso stating that cases relating to prisons, the Directorate of Prosecution and the Forensic Laboratory are to be referred to the LG by the Administrative Secretary, Ministry of Home Affairs through the Principal Secretary. Similarly, cases relating to postings and transfers of Administrative Secretaries and cadre posts of All-India Services officers are also to be referred to the LG by the Administrative Secretary, Ministry of General Administration through the Principal Secretary.
Rule 42 adds a sub-rule 42A which states that the Ministry of Law, Justice and Parliamentary Affairs shall, through the Chief Secretary and the Chief Minister, submit to the LG the proposal for appointment of the Advocate General and other legal officers to assist the Advocate General in judicial proceedings. Another new sub-rule 42B makes it mandatory that any proposal for granting or refusing punishment for prosecution or filing of appeal by the Ministry of Law, Justice and Parliamentary Affairs shall be submitted to the LG through the Chief Secretary.
MHA sources said Friday’s notification “does not in any way alter the balance of power as enshrined in the J&K Reorganisation Act, 2019”. The Act was passed by Parliament in 2019 and upheld by the Supreme Court. An official added that the transaction of companies rules have been amended in exercise of powers conferred on the President of India by Section 55 of the Act.
A notification issued on Friday to amend the Government of Union Territory of Jammu and Kashmir Transactions Rules, 2019, states that no proposal requiring prior concurrence of the Finance Department relating to ‘police’, ‘public order’, ‘All India Service’ and ‘Anti-Corruption Bureau’ to exercise the LG’s discretionary power under the J&K Reorganisation Act, 2019, shall be approved or rejected unless it is placed before the LG through the Principal Secretary. This sub-rule has been added to Section 5(2) of the Transactions Rules, 2019, which simply states that no proposal not approved by the Finance Department shall be allowed to proceed unless a resolution to that effect is passed by the Council of Ministers and approved by the LG.
Sources said it was with a state government and legislative assembly set to be installed after the Assembly elections, the sub-rule was added to remove any ambiguity with regard to Section 32 of the Act which empowers the J&K Legislative Assembly to make laws in respect of all matters in the State List, except ‘police’ and ‘public order’ or the Concurrent List. Similarly, Section 53 of the Act empowers the LG to exercise his functions as he thinks fit in matters falling outside the ambit of powers conferred on the Legislative Assembly, in respect of the All-India Services and Anti-Corruption Bureau, etc.
“In view of the above provisions, the powers of the legislative assembly and the functions of the LG have been clearly defined and demarcated in the Act and the same is now reflected in the transaction of business rules… the present notification is aimed at providing more clarity on the processes to enable smooth administration of UT of J&K,” a senior official from the home ministry told TOI on Saturday.
The transaction of cases announced on Friday amends Rule 43 of the Principal Rules by inserting a fourth proviso stating that cases relating to prisons, the Directorate of Prosecution and the Forensic Laboratory are to be referred to the LG by the Administrative Secretary, Ministry of Home Affairs through the Principal Secretary. Similarly, cases relating to postings and transfers of Administrative Secretaries and cadre posts of All-India Services officers are also to be referred to the LG by the Administrative Secretary, Ministry of General Administration through the Principal Secretary.
Rule 42 adds a sub-rule 42A which states that the Ministry of Law, Justice and Parliamentary Affairs shall, through the Chief Secretary and the Chief Minister, submit to the LG the proposal for appointment of the Advocate General and other legal officers to assist the Advocate General in judicial proceedings. Another new sub-rule 42B makes it mandatory that any proposal for granting or refusing punishment for prosecution or filing of appeal by the Ministry of Law, Justice and Parliamentary Affairs shall be submitted to the LG through the Chief Secretary.
MHA sources said Friday’s notification “does not in any way alter the balance of power as enshrined in the J&K Reorganisation Act, 2019”. The Act was passed by Parliament in 2019 and upheld by the Supreme Court. An official added that the transaction of companies rules have been amended in exercise of powers conferred on the President of India by Section 55 of the Act.
