NEW DELHI: The ministry of dwelling affairs amended the Jammu and Kashmir Reorganization Act, 2019, thereby rising powers of the lieutenant governor of the previous state.
President Droupadi Murmu has authorized these modifications underneath part 55 of the Jammu and Kashmir Reorganization Act, 2019, introducing new sections that improve the powers of the lieutenant governor.
Manoj Sinha has been serving because the LG of Jammu and Kashmir since August 2020.
These amendments, referred to as the Transaction of Enterprise of the UT of Jammu and Kashmir govt (Second Modification) Guidelines, 2024, got here into power on Friday, as revealed within the Official Gazette.
The amendments are vital, particularly within the context of the anticipated meeting elections in Jammu and Kashmir. The modifications primarily contain the insertion of recent guidelines that improve the discretion of the lieutenant governor in varied administrative domains.
A newly-added sub-rule, 2A, states, “No proposal which requires earlier concurrence of the Finance Division with regard to ‘Police,’ ‘Public Order,’ ‘All India Service’ and ‘Anti-Corruption Bureau’ to train the discretion of the Lieutenant Governor underneath the Act shall be concurred or rejected until it has been positioned earlier than the lieutenant governor by way of the chief secretary.”
One other insertion, rule 42A, reads, “Division of Regulation, Justice and Parliamentary Affairs shall submit the proposal for appointment of Advocate-Normal and different Regulation Officers to help the Advocate-Normal within the courtroom proceedings, for approval of the lieutenant governor by way of the chief secretary and the chief minister.”
Furthermore, the brand new rule 42B specifies, “Any proposal concerning grant or refusal of prosecution sanction or submitting of an enchantment shall be positioned earlier than the lieutenant governor by way of the chief secretary by the division of legislation, justice and parliamentary affairs.”
As well as, modifications to rule 43 embody new provisos associated to issues related with Prisons, Directorate of Prosecution, and Forensic Science Laboratory. These modifications spotlight that, “the issues shall be submitted to the Lieutenant Governor by Administrative Secretary, House Division by way of the Chief Secretary.”
Additional clarification states, “Offered additionally that in respect of issues related with posting and switch of Administrative Secretaries and cadre posts of All India Providers officers, the proposal shall be submitted to the lieutenant governor by the executive secretary, Normal Administration Division by way of the chief secretary.”
These amendments observe the principal guidelines revealed within the Gazette of India on August 27, 2020, and beforehand amended on February 28, 2024. They goal to streamline administrative processes and make sure that the discretion of the lieutenant governor is successfully and systematically exercised.
These modifications mark a considerable shift within the administrative framework of the Union Territory of Jammu and Kashmir, highlighting a transfer in direction of larger central management. The improved powers of the lieutenant governor are geared in direction of facilitating smoother governance within the area, protecting key areas from policing to public order and authorized affairs.
The ministry’s detailed notification underscores the procedural specifics, making certain that each one proposals in specified domains cross by way of acceptable channels earlier than reaching the workplace of the lieutenant governor. With these amendments, the governance and administrative dynamics of Jammu and Kashmir are set to bear notable modifications within the forthcoming interval.
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