Home Ministry Amends J&K Reorganisation act. What Are The New Sections Added To Increase The Authority Of LG?

The Ministry of Home Affairs (MHA) has changed the Jammu and Kashmir Reorganisation Act to increase the authority of the Lieutenant Governor.

The MHA has officially updated the rules under Section 55 of the Jammu and Kashmir Reorganisation Act, 2019 by adding new sections that grant additional powers to the LG.

What are the new sections?

In accordance with the authority granted by section 55 of the Jammu and Kashmir Reorganisation Act, 2019 (Act 34 of 2019), along with the Proclamation issued on 31st October, 2019 under section 73 of the Act, the President has issued the following rules to amend the Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019.

1. These rules are called the Transaction of Business of the Government of Union Territory of Jammu and Kashmir (Second Amendment) Rules, 2024.
2. They will come into effect on the date they are published in the Official Gazette.

In the Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019 (referred to as the principal rules), in rule 5, after sub-rule (2), the following sub-rule is added:

“(2A) Any proposal related to ‘Police’, ‘Public Order’, ‘All India Service’, and ‘Anti Corruption Bureau’ that requires prior approval from the Finance Department for the Lieutenant Governor to make a decision under the Act must first be presented to the Lieutenant Governor through the Chief Secretary before it can be approved or rejected.”

After rule 42 in the principal rules, the following new rules are added:

“42A. The Department of Law, Justice, and Parliamentary Affairs must submit proposals for the appointment of the Advocate-General and other Law Officers who assist the Advocate-General in court proceedings for approval by the Lieutenant Governor through the Chief Secretary and the Chief Minister.

42B. The Department of Law, Justice, and Parliamentary Affairs must present any proposals regarding granting or refusing prosecution sanction or filing appeals to the Lieutenant Governor through the Chief Secretary.”