Home Ministry amended the Jammu and Kashmir Reorganization Act, increased the powers of LG

Home Ministry increased the power of Lieutenant Governor of Jammu and Kashmir

Jammu and Kashmir, The central government has prepared to give Jammu and Kashmir constitutional rights like Delhi. The Ministry of Home Affairs (MHA) has amended the Jammu and Kashmir Reorganization Act, 2019, increasing some powers of the Lieutenant Governor of the former state. President Draupadi Murmu has given her approval to the amendment in the rule using the powers conferred by Section 55 of the Jammu and Kashmir Reorganization Act, 2019, (34 of 2019). The President made rules to amend the Rules of Functioning of the Government of the Union Territory of Jammu and Kashmir, 2019. The notification said that these rules may be called the Rules of Functioning of the Government of the Union Territory of Jammu and Kashmir, 2024.

Many rules were changed

Some rules have been added in the Rules of Business of the Government of Union Territory of Jammu and Kashmir, 2019. According to the added sub-rule (2A), no proposal which requires the prior consent of the Finance Department in relation to police, public order, All India Services and Anti-Corruption Bureau shall be agreed or rejected to exercise the discretion of the Lieutenant Governor under the Act unless it is placed before the Lieutenant Governor through the Chief Secretary.

In the main rules, after rule 42, rule 42A has been inserted which states that the 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 court proceedings to the Lieutenant Governor through the Chief Secretary and Chief Minister for approval. In the inserted rule 42B, any proposal relating to granting or refusing 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.

In the original rules, in Rule 43, after the third proviso, the notification states that certain provisos shall be inserted, which shall focus on matters relating to prisons, Directorate of Prosecution and Forensic Science Laboratory, under which the cases shall be submitted by the Administrative Secretary, Home Department to the Lt. Governor through the Chief Secretary. It also provides that in respect of appointment and transfer of Administrative Secretaries and matters relating to cadre posts of All India Service officers, the proposal shall be submitted to the Lt. Governor by the Administrative Secretary, General Administration Department through the Chief Secretary. It is pertinent to mention that the original rules were published in the Gazette of India on August 27, 2020 and were later amended on February 28, 2024.