MHA Enhances Powers of Jammu and Kashmir Lieutenant Governor
MHA Enhances Powers of Jammu and Kashmir Lieutenant Governor
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The Ministry of Home Affairs (MHA) has amended the Jammu and Kashmir Reorganization Act, 2019, increasing the powers of the Lieutenant Governor (LG) of the Union Territory.

President Droupadi Murmu has approved these amendments, as per the authority granted by section 55 of the Jammu and Kashmir Reorganization Act, 2019. This was outlined in a notification issued by the MHA, which also referenced the Proclamation dated October 31, 2019, under section 73 of the Act.

The new rules, named the Transaction of Business of the Government of Union Territory of Jammu and Kashmir (Second Amendment) Rules, 2024, were published on July 12 and have since come into effect. These amendments are seen as a preparatory step ahead of the anticipated assembly elections in Jammu and Kashmir.

Several changes have been made to the original 2019 rules. One significant addition is sub-rule (2A), which states that any proposal needing the Finance Department's concurrence on issues related to 'Police', 'Public Order', 'All India Service', and the 'Anti Corruption Bureau' must be reviewed by the Lieutenant Governor through the Chief Secretary.

Another new rule, 42A, specifies that the Department of Law, Justice, and Parliamentary Affairs must present proposals for the appointment of the Advocate-General and other law officers to assist the Advocate-General in court proceedings, for approval by the Lieutenant Governor through the Chief Secretary and the Chief Minister.

Rule 42B now requires that any proposal concerning the granting or refusal of prosecution sanctions or filing of appeals be placed before the Lieutenant Governor by the Department of Law, Justice, and Parliamentary Affairs, again through the Chief Secretary.

Additionally, rule 43 has been modified to ensure that matters related to Prisons, the Directorate of Prosecution, and the Forensic Science Laboratory are submitted to the Lieutenant Governor by the Administrative Secretary of the Home Department via the Chief Secretary.

A new proviso also mandates that proposals regarding the posting and transfer of Administrative Secretaries and cadre posts of All India Services officers be submitted to the Lieutenant Governor by the Administrative Secretary of the General Administration Department through the Chief Secretary.

The principal rules were originally published in the Gazette of India on August 27, 2020, and were first amended on February 28, 2024.

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