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Synopsis

The Central Government has amended the rules of the Jammu and Kashmir Reorganization Act, 2019, enhancing the powers of the Lieutenant Governor (LG) of the erstwhile state. The amendments, notified by the Ministry of Home Affairs (MHA), are termed as the Transaction of Business of the Government of Union Territory of Jammu and Kashmir (Second Amendment) Rules, 2024. They came into force on July 12, 2024, the date of publication in the Official Gazette.

President Droupadi Murmu gave her approval to the amendments, pursuant to 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.

The Jammu and Kashmir Reorganisation Act, 2019, enacted on August 5, 2019, bifurcated the state of Jammu and Kashmir into two separate Union Territories: Jammu and Kashmir, and Ladakh. The legislation also abolished Article 370, which had previously accorded Jammu and Kashmir a special status. The districts of Leh and Kargil, formerly part of the state of Jammu and Kashmir, were integrated into the Union Territory of Ladakh.

The amendments come ahead of speculated assembly elections in Jammu and Kashmir, signaling a shift in the administrative structure of the Union Territory. Pertinently, the Supreme Court, in December of the preceding year, directed the Election Commission to hold elections in the Union territory by September 30, 2024. The direction was part of the same judgment by which the apex court upheld the abolition of Article 370.

The key amendments include:

- Insertion of Sub-Rule (2A) mandating prior concurrence of the Finance Department for proposals related to 'Police', 'Public Order', 'All India Service', and 'Anti-Corruption Bureau' to exercise the discretion of the Lieutenant Governor under the Act.

- Insertion of Rule 42A requiring the Department of Law, Justice and Parliamentary Affairs to submit proposals for appointment of Advocate-General and other Law Officers to assist the Advocate-General in court proceedings for approval of the Lieutenant Governor through the Chief Secretary and the Chief Minister.

- Insertion of Rule 42B mandating that proposals 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.

- Insertion of provisos in Rule 43 regarding matters connected with Prisons, Directorate of Prosecution, and Forensic Science Laboratory, which shall be submitted to the Lieutenant Governor by the Administrative Secretary, Home Department, through the Chief Secretary.

- Insertion of provisos regarding posting and transfer of Administrative Secretaries and cadre posts of All India Services officers, which shall require the Lieutenant Governor's approval.

These amendments aim to enhance the powers of the Lieutenant Governor and streamline the administrative structure of the Union Territory of Jammu and Kashmir.