Key Amendments to the J&K Reorganisation Act
The Ministry of Home Affairs (MHA) has amended the Jammu and Kashmir Reorganisation Act, 2019, enhancing the powers of the Lieutenant Governor. President Droupadi Murmu approved these changes, effective from July 12, 2024.
Presidential Approval
The amendments were made under the authority granted by section 55 of the Jammu and Kashmir Reorganisation Act, 2019, and the Proclamation dated October 31, 2019. These changes are detailed in the Transaction of Business of the Government of Union Territory of Jammu and Kashmir (Second Amendment) Rules, 2024.
New Provisions Introduced
Finance Department Concurrence
A new sub-rule (2A) specifies that proposals requiring 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 via the Chief Secretary.
Appointment of Legal Officers
Rule 42A now mandates that the Department of Law, Justice, and Parliamentary Affairs must seek the Lieutenant Governor’s approval, through the Chief Secretary and the Chief Minister, for appointing the Advocate-General and other law officers.
Prosecution Sanctions
Rule 42B states that any decisions regarding prosecution sanctions or appeals must be presented to the Lieutenant Governor through the Chief Secretary by the Department of Law, Justice, and Parliamentary Affairs.
Matters Related to Prisons and Forensics
Amendments to rule 43 stipulate that issues connected to Prisons, the Directorate of Prosecution, and the Forensic Science Laboratory must be submitted to the Lieutenant Governor by the Administrative Secretary of the Home Department through the Chief Secretary.
Administrative Postings and Transfers
The notification also introduces provisions for the posting and transfer of Administrative Secretaries and cadre posts of All India Services officers. These proposals must be submitted to the Lieutenant Governor by the Administrative Secretary of the General Administration Department through the Chief Secretary.
Context and Implications
These amendments are published in the Official Gazette and are expected to streamline governance in anticipation of the speculated assembly elections in Jammu and Kashmir. The principal rules were initially published on August 27, 2020, and were last amended on February 28, 2024.
The enhanced powers of the Lieutenant Governor aim to improve administrative efficiency and strengthen governance in the Union Territory. These changes reflect the central government’s ongoing efforts to ensure effective management and oversight in Jammu and Kashmir.
(With inputs from agencies)
