Centre grants J&K LG more powers ahead of assembly elections | India News

NEW DELHI: Ahead of impending assembly elections in J&K, the Centre has defined more clearly unambiguously the powers of Lieutenant Governor (LG) of Jammu and Kashmir with regard to matters like the police, postings and transfers of officers of all-India services including the IAS and IPS, Anti-Corruption Bureau (ACB) and grant or denial of prosecution sanction.
A notification issued on Friday to amend the Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019, states that no proposal which requires previous concurrence of the finance department with regard to ‘police’, ‘public order’, ‘All India Service’ and ‘Anti-Corruption Bureau’ to exercise the discretion of LG under the J&K Reorganisation Act, 2019, shall be concurred or rejected unless it has been placed before the LG through the chief secretary.This sub-rule gets added to Section 5(2) of 2019 Transaction of Business Rules, which simply stated that no proposal with which the finance department has not concurred, may be proceeded with, unless a decision to that effect has been taken by the council of ministers and approved by the LG.
Sources said with a state government and legislative assembly set to be installed after the assembly elections, the sub-rule was added to rule out any ambiguity with respect to Section 32 of the Act that allows the J&K legislative assembly to make laws with respect to any of the matters in the State list except ‘police’ and ‘public order’ or the concurrent list. Also Section 53 of the Act empowers LG to exercise his functions in his discretion in matters falling outside the purview of powers conferred on the legislative assembly, related to the all-India Services and Anti-Corruption Bureau, etc.
“In view of the aforementioned provisions, the powers of the legislative assembly and functions of the LG have been clearly defined and delineated in the Act and same is now reflected in the transaction of business rules…the current notification is to provide better clarity on the processes so as to enable smooth administration of UT of J&K,” a senior home ministry official told TOI on Saturday.
The Transaction of Business notified on Friday amend Rule 43 of the principal rules by inserting a fourth proviso stating that matters connected with prisons, directorate of prosecution and forensic science laboratory, shall be submitted to the LG by administrative secretary, home department through the chief secretary. Similarly, matters connected with postings and transfers of administrative secretaries and cadre posts of All-India Services officers shall also be submitted to the LG by the administrative secretary of the general administration department through the chief secretary.
Rule 42 sees addition of a sub-rule 42A stating that the department of law, justice and parliamentary affairs shall submit to the LG through the chief secretary and chief minister, the proposal for appointment of the Advocate-General and other law officers to assist the Advocate-General in court proceedings. Another new sub-rule 42B makes it mandatory for any proposal for grant or refusal of prosecution sanction or filing of appeal to be placed before the LG through the chief secretary by the department of law, justice and parliamentary affairs.
MHA sources said Friday’s notification does not “in any sense alter the balance of powers 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 it was in exercise of powers conferred on the President of India by Section 55 of the Act that the transaction of business rules have been amended.