In an attempt to give more power to the Lieutenant Governor in the Jammu and Kashmir administration, the Union Home Ministry amended the Rules under Section 55 of the Jammu and Kashmir Reorganisation Act, 2019. The amendment added new sections, boosting the power of the L-G, as seen in a government notification.
The development comes as the Election Commission makes preparations for the assembly election in Jammu and Kashmir for the first time since the abrogation of Article 370 following the dissolution of the state assembly by the governor in 2018.
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However, as per the amended notification issued by the Ministry of Home Affairs, 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.
In the principal rules, after rule 42, rule 42A has been inserted. The amended law says the Department of Law, Justice and Parliamentary Affairs shall submit the proposal for the appointment of an 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.
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According to 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”.
President Droupadi Murmu has given her approval to the amendments in the rule exercising the powers conferred by section 55 of the Jammu and Kashmir Reorganisation Act, 2019, (34 of 2019), and it will come into effect on July 12.
Ministry of Home Affairs (MHA) amended Jammu and Kashmir Reorganization Act to give more power to the Lieutenant Governor.
The MHA notifies the amended Rules under Section 55 of the Jammu and Kashmir Reorganisation Act, 2019 inserting new Sections giving more power to the LG. pic.twitter.com/3gbaSTssNp
— ANI (@ANI) July 13, 2024