Ahead of polls, government strengthens J&K L-G Manoj Sinha’s powers

NEW DELHI: Ahead of the assembly elections in J&K, the Union Ministry of Home Affairs empowered the Lieutenant Governor in all matters of transfers and postings of all-India service officers and the police besides granting powers to accord prosecution sanction in various cases. It did so by notifying amendments to the Rules of business transactions under the Jammu and Kashmir Reorganisation Act 2019.

In the notification, a copy of which is with this newspaper, the MHA said, that President Droupadi Murmu has approved these changes under section 55 of the Jammu and Kashmir Reorganisation Act, 2019, introducing new sections that enhance the powers of the lieutenant governor.

Manoj Sinha has been serving as the L-G of Jammu and Kashmir since August 2020.

“These amendments, called the Transaction of Business of the UT of Jammu and Kashmir Government (Second Amendment) Rules, 2024, came into force on Friday, as published in the Official Gazette,” the notification read.

Many in the government believed that the amendments, as have been brought in, are significant, particularly in view of the anticipated assembly elections in Jammu and Kashmir, as the changes primarily involve the insertion of new rules that enhance the discretion of the L-G in various administrative domains.

In the notification, a newly-added sub-rule, 2A, read, “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 L-G through the chief secretary.”

Another insertion, rule 42A, read, “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 LG through the chief secretary and the chief minister.”

More to these, the new rule 42B specified, “Any proposal regarding grant or refusal of prosecution sanction or filing of an appeal shall be placed before the LG through the chief secretary by the department of law, justice and parliamentary affairs.”

Additionally, the changes to rule 43 also include new provisions related to matters connected with Prisons, Directorate of Prosecution, and Forensic Science Laboratory and these changes highlight that the matters “shall be submitted to the LG by Administrative Secretary, Home Department through the Chief Secretary”.

Further clarification read: “Provided also that in respect of matters connected with posting and transfer of Administrative Secretaries and cadre posts of All India Services officers, the proposal shall be submitted to the L-G by the administrative secretary, General Administration Department through the chief secretary.”

These amendments follow the principal rules published in the Gazette of India on August 27, 2020, and previously amended on February 28, 2024. They aim to streamline administrative processes and ensure that the discretion of the LG is effectively and systematically exercised.

These changes mark a substantial shift in the administrative framework of the UT of J&K, highlighting a move towards greater central control and enhanced powers of the LG are geared towards facilitating smoother governance in the region, covering key areas from policing to public order and legal affairs.