Amid much speculation over holding assembly elections in Jammu and Kashmir, the ministry of home affairs amended the J&K Reorganization Act, 2019, giving more powers to the lieutenant governor on matters of transfers and postings of all-India service officers, police, as well as appointment of judicial officers.
A notification amending the ‘Transaction of Business Rules’ under the Act was issued by the central government on Friday. “The President hereby makes the following rules further to amend the Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019, namely: These rules may be called the Transaction of Business of the Government of Union Territory of Jammu and Kashmir (Second Amendment) Rules, 2024; they shall come into force on the date of their publication in the Official Gazette,” the notification stated.
The amendment will give more power to the lieutenant governor of Jammu and Kashmir on matters of transfers and postings of all-India service officers like the IAS and IPS, police, law and order as well as the appointment of judicial officers.
In the ‘Transaction of Business Rules’, sub-rule 2A has been inserted after sub-rule (2) in rule 5.
“(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.”
In the principal rules, after rule 42, 42A has been inserted giving the L-G power to appoint the advocate general and law officers for the state-turned-union territory.
“42A. 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.”
42B also makes it clear that proposals regarding grant or refusal of prosecution sanction or filing of appeal shall also be bestowed by the LG, who will be the final authority on issues of prisons, directorate of prosecution and forensic science laboratory as well.
Among the first to react against the amendment, former chief minister Omar Abdullah said the people of J&K “deserve better than powerless, rubber stamp CM”. He said the amendment is an indicator that elections are around the corner.
“Another indicator that elections are around the corner in J&K. This is why a firm commitment laying out the timeline for restoration of full, undiluted statehood for J&K is a prerequisite for these elections. The people of J&K deserve better than powerless, rubber stamp CM who will have to beg the LG to get his/her peon appointed,” Abdullah wrote on X, formerly Twitter.
The Supreme Court has set a deadline of September 30 for assembly elections to be held in J&K.
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