J&K Reorganization Act amended: Centre gives more administrative power to LG amid assembly election buzz 

The Ministry of Home Affairs (MHA) has enhanced some powers of the Lieutenant Governor after amending the Jammu and Kashmir Reorganization Act, 2019. 

The amendments came into force on July 12, the date of the publication in the Official Gazette -- a move in anticipation of the speculated assembly elections in Jammu and Kashmir.  

The amendment will give more power to the Lieutenant Governor of Jammu and Kashmir on matters of transfers and postings of all-India service officers like the IAS and IPS, police, law and order as well as the appointment of judicial officers. 

President Droupadi Murmu gave approval to the amendments in the rule exercising the powers conferred by Section 55 of the Jammu and Kashmir Reorganisation Act, 2019, (34 of 2019) read with the Proclamation dated October 31, 2019, issued under Section 73 of the Act, a notification issued by the MHA said. 

The President made the rules further to amend the Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019. “These rules may be called the Transaction of Business of the Government of Union Territory of Jammu and Kashmir (Second Amendment) Rules, 2024,” reads the notification. 

In the ‘Transaction of Business Rules’, sub-rule 2A has been inserted after sub-rule (2) in rule 5.  

As per the inserted sub-rule (2A), “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 the Lieutenant Governor under the Act shall be concurred or rejected unless it has been placed before the Lieutenant Governor through the Chief Secretary”. 

In the principal rules, after Rule 42, Rule 42A has been inserted giving the L-G power to appoint the advocate general and law officers for the state-turned-union territory.  

As per the new rule, “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 the court proceedings, for approval of the Lieutenant Governor through the Chief Secretary and the Chief Minister.” 

In the inserted Rule 42B, “Any proposal 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”. 

In the principal rules, in Rule 43, after the third proviso, the notification states that some provisos shall be inserted, focusing on matters connected with Prisons, Directorate of Prosecution and Forensic Science Laboratory, under which “the matters shall be submitted to the Lieutenant Governor by Administrative Secretary, Home Department through the Chief Secretary”. 

“Provided also that in respect of matters connected with posting and transfer of Administrative Secretaries and cadre posts of All India Services officers, the proposal shall be submitted to the Lieutenant Governor by the Administrative Secretary, General Administration Department through the Chief Secretary”. 

Reacting against the amendment, former chief minister Omar Abdullah said the people of J&K “deserve better than a rubber stamp CM”. He said the amendment is an indicator that elections are around the corner. 

The Supreme Court has set a deadline of September 30 for assembly elections to be held in J&K.