‘Assembly free to make laws’
New Delhi: The Ministry of Home Affairs (MHA) on Saturday clarified that the notification is not an amendment to the Jammu and Kashmir Reorganisation Act, 2019, adding that the notification does not in any sense alter the balance of powers enshrined in the Jammu and Kashmir Reorganisation Act, 2019.
“The notification dated 12th July 2024, regarding transaction of business rules is not an amendment to the Jammu and Kashmir Reorganisation Act, 2019. Some media have wrongly reported it as an amendment to the act. It is a simple amendment to the transaction rules which are issued to avoid any ambiguity,” the MHA said.
It said that this notification does not in any sense alter the balance of powers as enshrined in the Jammu and Kashmir Reorganisation Act, 2019. “The said Act has been Passed by the Parliament of India in August 2019 and the same has been upheld by the Hon’ble Supreme Court of India,” the ministry stated.
As per section 32 of the Act, the Legislative Assembly may make laws with respect to any of the matters enumerated in the State List except the “Police” and “Public Order” or the Concurrent List in the Seventh Schedule to the Constitution of India, the MHA said.
“As per section 53 of the Act, the Lieutenant Governor, shall exercise his functions in his discretion in a matter which falls outside the purview of powers conferred on Legislative Assembly, related to All India Services and Anti-Corruption Bureau and any other matter which he is required by or under any law to act in its discretion,” it said.
In view of the aforementioned provisions for powers of Legislative Assembly and functions of the Lieutenant Governor have been clearly defined and delineated in the Act and the same has been reflected in transaction of business rules.
“It is to be noted that President in exercise of powers conferred by Section 55 of the Act issued The Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019 (G.S.R 534(E) of 2020 dated 27.08.2020, Ministry of Home Affairs) for more convenient transaction of business of the Government,” the MHA stated.
Government sources on Saturday also clarified that only the Transaction of Business Rules have been amended in the Jammu Kashmir Reorganization Act 2019.
Sources said that, “Nothing new has been provided in these rules, it is already mentioned in the State Reorganization Act of 2019. The current amendment to rules is just clarificatory in nature flowing from the existing provisions of SRA 2019.”
Sources also clarified that the J&K Legislative Assembly may make laws with respect to any of the matters enumerated in the State List except “Police” and “Public Order” and the Concurrent List in the Seventh Schedule to the Constitution of India.
“Under Section 32 of the Act, the Legislative Assembly of Jammu and Kashmir is empowered to make laws on matters enumerated in the State List, except for “Police” and “Public Order,” or those in the Concurrent List of the Seventh Schedule to the Constitution of India. Section 53 specifies that the Lieutenant Governor shall exercise discretionary functions on matters outside the Legislative Assembly’s purview, such as All India Services, the Anti-Corruption Bureau, and any other matters requiring discretionary action,” sources said.
The President of India, under Section 55 of the Act, had earlier issued the Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019 (G.S.R 534(E) of 2020 dated 27.08.2020, Ministry of Home Affairs) to facilitate the smooth transaction of government business. The current notification, sources stated, is designed to further clarify these processes, ensuring more efficient administration of the Union Territory.
“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,” according to the notification issued by the Union home ministry.
In the principal rules, in rule 43, after the third proviso, the home ministry said, the following provisos shall be inserted, namely.
“Provided also that in respect of matters connected with Prisons, Directorate of Prosecution and Forensic Science Laboratory, the matters shall be submitted to the Lieutenant Governor by Administrative Secretary, Home Department through the Chief Secretary,” it said.
The ministry also said that in respect of matters connected with posting and transfer of administrative secretaries and cadre posts of all-India services officers, proposal shall be submitted to the L-G by the administrative secretary, general administration department through the chief secretary.
It is pertinent to mention that the principal rules were published in the Gazette of India dated August 27, 2020, and subsequently amended on February 28, 2024.
“Media outlets need to accurately report these developments to avoid public misunderstanding and to uphold the factual context of legislative and administrative procedures in Jammu and Kashmir,” the source added.
