MHA Empowers J&K Lieutenant Governor with Expanded Authority: Key Amendments to Reorganization Act

In a landmark decision, the Ministry of Home Affairs (MHA) has amended the Jammu and Kashmir Reorganization Act of 2019, significantly enhancing the powers of the Lieutenant Governor (LG) in the Union Territory. This move, approved by President Droupadi Murmu, aims to streamline governance and prepare the region for the anticipated assembly elections.

The amendments, officially titled the Transaction of Business of the Government of Union Territory of Jammu and Kashmir (Second Amendment) Rules, 2024, came into effect on July 12, 2024. These changes are intended to modify the Transaction of Business Rules of 2019, which were initially published on August 27, 2020, and later amended on February 28, 2024.

One of the critical updates involves the procedure for proposals requiring the Finance Department's concurrence. The newly inserted sub-rule (2A) mandates that any proposal concerning 'Police,' 'Public Order,' 'All India Services,' and the 'Anti-Corruption Bureau' must be reviewed by the LG through the Chief Secretary before approval or rejection. This change ensures that the LG has a decisive role in crucial matters related to law and order and anti-corruption efforts.

Further, the amendments introduce rule 42A, which stipulates that the Department of Law, Justice, and Parliamentary Affairs must present proposals for appointing the Advocate-General and other law officers assisting in court proceedings to the LG via the Chief Secretary and Chief Minister. This rule emphasizes the LG's authority in legal appointments and court-related matters.

Another significant addition is rule 42B, which requires that any decision regarding prosecution sanctions or appeals must be presented to the LG through the Chief Secretary by the Department of Law, Justice, and Parliamentary Affairs. This provision underscores the LG's role in judicial and prosecutorial decisions.

Rule 43 has also been expanded to include matters related to Prisons, the Directorate of Prosecution, and the Forensic Science Laboratory. Proposals in these areas must now be submitted to the LG by the Administrative Secretary of the Home Department through the Chief Secretary. Additionally, any proposals regarding the posting and transfer of Administrative Secretaries and cadre posts of All India Services officers must be routed to the LG by the Administrative Secretary of the General Administration Department through the Chief Secretary.

These amendments reflect a strategic shift in the governance structure of Jammu and Kashmir, positioning the LG as a central figure in the administration. The timing of these changes suggests a preparation for the forthcoming assembly elections, aiming to establish a robust administrative framework.

The President's approval of these amendments underlines the government's commitment to ensuring a more efficient and centralized decision-making process in Jammu and Kashmir. By empowering the LG with greater authority, the MHA aims to enhance the region's governance and address critical issues more effectively. 

This development is poised to impact the administrative dynamics of Jammu and Kashmir significantly, setting the stage for more streamlined governance as the Union Territory approaches a crucial electoral phase.