The Jammu and Kashmir Reorganization Act 2019 is recently amended by the Ministry of Home Affairs, increasing the lieutenant governor’s powers. President Droupadi Murmu approved these changes under section 55, adding new sections to enhance the lieutenant governor’s authority.
About Jammu and Kashmir Reorganisation Act, 2019
The Jammu and Kashmir Reorganisation Act, 2019 is an act of the parliament of India containing provisions to reconstitute the Indian-administered state of Jammu and Kashmir into two Indian-administered union territories (UTs) called Jammu and Kashmir, and Ladakh, and becoming effective on 31 October 2019.
First Amendment
G Kishan Reddy, the Minister of State for Home Affairs, introduced the Jammu and Kashmir Reorganisation (Amendment) Bill, 2021 to replace the existing ordinance for the same. The ordinance merged the Jammu and Kashmir cadre of civil services officers with the Arunachal Pradesh, Goa, Mizoram Union Territory (AGMUT) cadre. By 13 February 2021, both houses of the Parliament had passed the bill.
Second Amendment
On December 2023, the Jammu and Kashmir Reorganisation (Second Amendment) Bill was passed which would extend women reservation of 33% in Jammu & Kashmir on par with the One Hundred and Sixth Amendment of the Constitution of India.
Major changes to the Jammu and Kashmir Reorganization Act increase the Lieutenant Governor’s authority
The Ministry of Home Affairs has introduced pivotal amendments to the Jammu and Kashmir Reorganization Act, 2019, effectively increasing the powers of the Lieutenant Governor (LG) of the former state. These changes, approved by President Droupadi Murmu under Section 55 of the Act, have been implemented through the introduction of new sections that considerably enhance the administrative discretion of the LG.
Manoj Sinha, serving as the LG of Jammu and Kashmir since August 2020, will now operate under the revised framework outlined by the Transaction of Business of the UT of Jammu and Kashmir Government (Second Amendment) Rules, 2024. These amendments, which came into effect on Friday as documented in the Official Gazette, are particularly significant in light of the anticipated assembly elections in the region.
Key Amendments
The newly added sub-rule, 2A, stipulates that proposals requiring prior concurrence from the Finance Department in areas such as ‘Police,’ ‘Public Order,’ ‘All India Service,’ and the ‘Anti-Corruption Bureau’ must be presented to the LG through the Chief Secretary before any decision is made. This measure ensures that the LG has substantial oversight over critical administrative functions.
Rule 42A mandates that the Department of Law, Justice, and Parliamentary Affairs must submit proposals for the appointment of the Advocate-General and other Law Officers, who assist the Advocate-General in court proceedings, for the LG’s approval via the Chief Secretary and the Chief Minister. Furthermore, rule 42B specifies that any proposal concerning the grant or refusal of prosecution sanctions or filing an appeal must also be routed to the LG through the same administrative channels.
Enhanced Administrative Oversight
Amendments to rule 43 introduce new provisos related to matters concerning Prisons, the Directorate of Prosecution, and the Forensic Science Laboratory. These changes require that such matters be submitted to the LG by the Administrative Secretary of the Home Department through the Chief Secretary.
Additionally, proposals regarding the posting and transfer of Administrative Secretaries and cadre posts of All India Services officers must be presented to the LG by the Administrative Secretary of the General Administration Department through the Chief Secretary.
These changes follow the principal rules published in the Gazette of India on August 27, 2020 and the subsequent amendments made on February 28, 2024. The latest amendments aim to streamline administrative processes and ensure the systematic exercise of the LG’s discretion.
Implications for Governance
The enhanced powers of the LG underscore a significant shift in the administrative framework of the Union Territory of Jammu and Kashmir, indicating a move towards greater central control. By expanding the LG’s authority over key areas such as policing, public order, and legal affairs, the amendments are designed to facilitate smoother governance in the region.
The Ministry’s detailed notification highlights the procedural specifics, ensuring that all proposals in specified domains pass through appropriate channels before reaching the LG’s office. As these amendments take effect, the governance and administrative dynamics of Jammu and Kashmir are poised for notable changes, marking a new phase in the Union Territory’s administrative evolution.
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