Centre gives more powers to J-K Lt Governor on matters related to police, all-India service officers

According to the notification, these rules may be called the Transaction of Business of Government of UT of Jammu and Kashmir (second amendment) rules, 2024, and they shall come into force on the date of their publication in the official gazette.

“In the Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019 (hereinafter referred to as the principal rules), some rules have been inserted. 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’,” it states.

“In the principal rules, after rule 42, rule 42A has been inserted pointing, 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,” the notification further states.

According to the MHA, the principal rules were published in the Gazette of India dated August 27, 2020, and subsequently amended on February 28, 2024.

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,” it states.