Ø Notification Issues on 12th July 2024 Aims for Clarity in Business Rules
Ø Media Misreported Notification, Says Senior Official
Ø Existing Powers of Legislative Assembly, LG Remains Unchanged
SUHAIL KHAN
SRINAGAR, July 13: The notification with regard to transaction of business rules in the government of Union Territory of Jammu and Kashmir is not actually an amendment to the Jammu and Kashmir Reorganization Act 2019, as wrongly reported by some media outlets.
A senior government official told Kashmir Despatch that this notification is simply aimed at avoiding any ambiguity in the transaction rules.
The official clarified that the notification in no way changes the balance of powers established in the Jammu and Kashmir Reorganization Act 2019. The Act was passed by the parliament of India in August 2019 and has been upheld by the Supreme Court of India.
The official explained that the powers of the Legislative Assembly, as outlined in section 32 of the Act, allow it to make laws on most matters except for “Police” and “Public Order” or those listed in the Concurrent List of the Constitution of India. Meanwhile, section 53 of the Act grants the Lieutenant Governor discretionary powers in specific areas such as All India Services and the Anti-Corruption Bureau.
The official emphasized that the transaction of business rules simply reflect and clarify the powers of the Legislative Assembly and the functions of the Lieutenant Governor. These rules were issued by the President in exercise of powers conferred by Section 55 of the Act for more convenient transaction of government business.
The official further stated that the purpose of the current notification is to provide better clarity on processes in order to ensure smooth administration of the Union Territory of Jammu and Kashmir.
The President in exercise of powers conferred by Section 55 of the Act issued The Transaction of Business of the government of UT of Jammu and Kashmir Rules , 2019 (G.S.R 534 (E) of 2020 dated 27-08-2020, ministry of home affairs for more convenient transaction of business of the government.
Jammu and Kashmir has been under Central rule since June 2018. The government has said that Statehood will be restored after Assembly elections are held. The Constitution Bench of the Supreme Court has ordered the Election Commission to conduct elections to J&K Assembly before September 30, 2024.
Pertinently, many media organisations reported that the amendment gives the Lt. Governor of J&K more say in matters pertaining to police, public order, All India Service (AIS) which require prior concurrence of the Finance Department and also their transfers and postings. As per media reports, any proposal regarding appointment of Advocate-General, Law Officers and proposals regarding grant or refusal of prosecution sanction or filing of appeal shall be placed before the L-G first.
Suhail Khan is a filmmaker, content writer, and freelance journalist.
