On July 12, 2024, the Ministry of Home Affairs issued a significant notification amending the Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019. This notification, made under the Jammu and Kashmir Re organization Act, 2019, introduces several important updates to the governance procedures in the Union Territory.
Enhanced Role of the Lieutenant Governor
New Rule (2A) in Rule 5:
No proposal requiring prior concurrence from the Finance Department on issues related to ‘Police’, ‘Public Order’, ‘All India Service’, and the ‘Anti-Corruption Bureau’ can be approved or rejected without being presented to the Lieutenant Governor through the Chief Secretary.
This change ensures that key decisions in these areas receive direct oversight from the Lieutenant Governor, adding an additional layer of scrutiny.
Procedures for Legal Appointments and Prosecutions
Insertion of Rules 42A and 42B:
Rule 42A: The Department of Law, Justice and Parliamentary Affairs is now required to submit proposals for the appointment of the Advocate-General and other Law Officers to the Lieutenant Governor through the Chief Secretary and the Chief Minister. This ensures that such critical appointments are handled with high-level oversight and approval.
Rule 42B: Proposals concerning the grant or refusal of prosecution sanctions or filing of appeals must be presented to the Lieutenant Governor through the Chief Secretary by the Department of Law, Justice and Parliamentary Affairs. This rule is aimed at streamlining the decision-making process in legal matters.
Revised Procedures for Specific Matters
Amendments to Rule 43:
First Proviso: Matters related to Prisons, the Directorate of Prosecution, and the Forensic Science Laboratory will now be submitted to the Lieutenant Governor by the Administrative Secretary of the Home Department through the Chief Secretary.
Second Proviso: Proposals related to the posting and transfer of Administrative Secretaries and cadre posts of All India Services officers will be submitted to the Lieutenant Governor by the Administrative Secretary of the General Administration Department through the Chief Secretary.
Implications of the Amendments
Increased Oversight: The new rules increase the Lieutenant Governor’s role in overseeing important decisions, ensuring that the highest level of administration is involved in key areas of governance and legal processes.
Streamlined Processes: By mandating that significant legal and administrative proposals be reviewed by the Lieutenant Governor through the Chief Secretary, the amendments aim to improve the efficiency and transparency of decision-making processes.
Enhanced Coordination: The requirement for involvement from both the Chief Secretary and the Chief Minister in legal appointments and prosecution matters fosters better coordination and ensures that decisions reflect a broader consensus within the government.
These amendments reflect a strategic shift in governance in Jammu and Kashmir, reinforcing the role of the Lieutenant Governor and aiming to streamline and enhance the efficiency of administrative processes.
Effective Date: July 12th 2024
