NEW DELHI: Ahead of the upcoming assembly elections in Jammu and Kashmir, the central government has clarified and unambiguously defined the powers of the Lieutenant Governor of Jammu and Kashmir in relation to matters such as police, posting and transfer of officers of all India services including IAS and IPS, Anti-Corruption Bureau (ACB) and granting or denying prosecutions.
A notification issued on Friday amending the Rules of Procedure of the Government of the Union Territory of Jammu and Kashmir, 2019, states that no proposal requiring the prior approval of the Ministry of Finance in respect of 'police', 'public order', 'All India Service' and 'Anti-Corruption Bureau' for exercising the discretion of the LG under the J&K Reorganisation Act, 2019 shall be accepted or rejected unless it has been submitted to the LG through the Chief Secretary. This sub-provision is added to Section 5(2) of the Rules of Procedure, 2019, which simply states that no proposal not approved by the Ministry of Finance shall be pursued unless the Council of Ministers has passed a resolution to that effect and the same has been approved by the LG.
According to sources, the sub-rule has been added to remove any ambiguity regarding Section 32 of the Act, which allows the Jammu and Kashmir Legislative Assembly to make laws on all subjects in the State List, except 'police' and 'public order' or the concurrent list. Section 53 of the Act also empowers the LG to exercise his functions as he sees fit in matters which do not fall within the purview of the Legislative Assembly, such as those relating to 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 Conduct of Business Rules… the current notification is intended to bring more clarity in the processes to enable smooth administration of the UT of J&K,” a senior home ministry official told TOI on Saturday.
The order of business notified on Friday amends Rule 43 of the Principal Rules by inserting a fourth clause which states that matters relating to prisons, public prosecution department and forensic laboratory shall be forwarded by the administrative secretary, home ministry through the chief secretary to the LG. Similarly, matters relating to posting and transfer of administrative secretaries and cadre posts of All-India Services officers shall be forwarded by the administrative secretary, general administrative department through the chief secretary to the LG.
Rule 42 provides for the addition of a sub-rule 42A which states that the Ministry of Law, Justice and Parliamentary Affairs shall submit to the LG through the Chief Secretary and the Prime Minister 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 every proposal for granting or refusing a prosecution or filing an appeal shall be submitted to the LG through the Chief Secretary of the Ministry of Law, Justice and Parliamentary Affairs.
Sources in the Home Ministry said Friday's notification “in no way alters the separation of powers 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 rules of conducting business were changed under the powers vested in the President of India by Section 55 of the Act.
A notification issued on Friday amending the Rules of Procedure of the Government of the Union Territory of Jammu and Kashmir, 2019, states that no proposal requiring the prior approval of the Ministry of Finance in respect of 'police', 'public order', 'All India Service' and 'Anti-Corruption Bureau' for exercising the discretion of the LG under the J&K Reorganisation Act, 2019 shall be accepted or rejected unless it has been submitted to the LG through the Chief Secretary. This sub-provision is added to Section 5(2) of the Rules of Procedure, 2019, which simply states that no proposal not approved by the Ministry of Finance shall be pursued unless the Council of Ministers has passed a resolution to that effect and the same has been approved by the LG.
According to sources, the sub-rule has been added to remove any ambiguity regarding Section 32 of the Act, which allows the Jammu and Kashmir Legislative Assembly to make laws on all subjects in the State List, except 'police' and 'public order' or the concurrent list. Section 53 of the Act also empowers the LG to exercise his functions as he sees fit in matters which do not fall within the purview of the Legislative Assembly, such as those relating to 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 Conduct of Business Rules… the current notification is intended to bring more clarity in the processes to enable smooth administration of the UT of J&K,” a senior home ministry official told TOI on Saturday.
The order of business notified on Friday amends Rule 43 of the Principal Rules by inserting a fourth clause which states that matters relating to prisons, public prosecution department and forensic laboratory shall be forwarded by the administrative secretary, home ministry through the chief secretary to the LG. Similarly, matters relating to posting and transfer of administrative secretaries and cadre posts of All-India Services officers shall be forwarded by the administrative secretary, general administrative department through the chief secretary to the LG.
Rule 42 provides for the addition of a sub-rule 42A which states that the Ministry of Law, Justice and Parliamentary Affairs shall submit to the LG through the Chief Secretary and the Prime Minister 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 every proposal for granting or refusing a prosecution or filing an appeal shall be submitted to the LG through the Chief Secretary of the Ministry of Law, Justice and Parliamentary Affairs.
Sources in the Home Ministry said Friday's notification “in no way alters the separation of powers 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 rules of conducting business were changed under the powers vested in the President of India by Section 55 of the Act.
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