Bharti Jain
NEW DELHI: Ahead of assembly elections in J&K, the Centre has defined more unambiguously the powers of LG of J&K with regard to matters like police, postings and transfers of officers of all-India services including the IAS and IPS, Anti-Corruption Bureau and grant or denial of prosecution sanction.
A notification issued Friday to amend the Transaction of Business of Govt of UT of J&K Rules, 2019, states that no proposal which requires previous concurrence of finance dept with regard to ‘police’, ‘public order’, ‘All India Service’ and ‘Anti-Corruption Bureau’ to exercise the discretion of LG under J&K Reorganisation Act, 2019, shall be concurred or rejected unless it has been placed before LG through the chief secretary.This sub-rule gets added to Section 5(2) of 2019 Transaction of Business Rules, which simply stated that no proposal with which finance dept has not concurred, may be proceeded with, unless a decision to that effect has been taken by the council of ministers and approved by the LG.
Sources said with a state govt and legislative assembly set to be installed after assembly polls, the sub-rule was added to rule out any ambiguity with respect to Section 32 of the Act that allows the J&K legislative assembly to make laws with respect to any of the matters in the State list except ‘police’ and ‘public order’ or the concurrent list. Also Section 53 of the Act empowers LG to exercise his functions in his discretion in matters falling outside the purview of powers conferred on the legislative assembly, related to the all-India Services and ACB, etc.
“In view of the aforementioned provisions, powers of legislative assembly and functions of LG have been clearly defined and delineated in the Act and same is now reflected in Transaction of Business rules…the notification is to provide better clarity on the processes so as to enable smooth administration of UT of J&K,” a home ministry official told TOI Saturday.
A notification issued Friday to amend the Transaction of Business of Govt of UT of J&K Rules, 2019, states that no proposal which requires previous concurrence of finance dept with regard to ‘police’, ‘public order’, ‘All India Service’ and ‘Anti-Corruption Bureau’ to exercise the discretion of LG under J&K Reorganisation Act, 2019, shall be concurred or rejected unless it has been placed before LG through the chief secretary.This sub-rule gets added to Section 5(2) of 2019 Transaction of Business Rules, which simply stated that no proposal with which finance dept has not concurred, may be proceeded with, unless a decision to that effect has been taken by the council of ministers and approved by the LG.
Sources said with a state govt and legislative assembly set to be installed after assembly polls, the sub-rule was added to rule out any ambiguity with respect to Section 32 of the Act that allows the J&K legislative assembly to make laws with respect to any of the matters in the State list except ‘police’ and ‘public order’ or the concurrent list. Also Section 53 of the Act empowers LG to exercise his functions in his discretion in matters falling outside the purview of powers conferred on the legislative assembly, related to the all-India Services and ACB, etc.
“In view of the aforementioned provisions, powers of legislative assembly and functions of LG have been clearly defined and delineated in the Act and same is now reflected in Transaction of Business rules…the notification is to provide better clarity on the processes so as to enable smooth administration of UT of J&K,” a home ministry official told TOI Saturday.