Presidential Approval and Legal Framework
Using the authority conferred by Section 55 of the Jammu and Kashmir Reorganization Act, 2019, President Droupadi Murmu has authorized changes to the “Transaction of Business Rules” for Jammu and Kashmir. The Ministry of Home Affairs (MHA) announced this consent, which was granted in accordance with the Proclamation of October 31, 2019, with reference to Section 73 of the Act.
Key Amendments
Police and Public Order
The Lieutenant Governor of Jammu and Kashmir now has increased authority over matters related to police and public order. The new rules state that any proposal requiring the Finance Department’s concurrence regarding these areas must be presented to the Lieutenant Governor through the Chief Secretary.
Legal and Judicial Appointments
New rules have been added to the principal rules, particularly after rule 42. Rule 42A stipulates that the Department of Law, Justice, and Parliamentary Affairs must submit proposals for appointing the Advocate-General and other law officers to the Lieutenant Governor via the Chief Secretary and the Chief Minister. Rule 42B specifies that any proposal concerning prosecution sanctions or appeals must be placed before the Lieutenant Governor through the Chief Secretary.
Administrative Procedures
The Directorate of Prosecution, the Forensic Science Laboratory, and prisons are among the topics covered by the amendments to Rule 43. The Home Department’s Administrative Secretary, acting via the Chief Secretary, is required to present these concerns to the Lieutenant Governor.
Furthermore, through the Chief Secretary, the Administrative Secretary of the General Administration Department is required to submit suggestions to the Lieutenant Governor about the posting and transfer of Administrative Secretaries as well as cadre postings of All India Services officers.
Implementation and Publication
Following its publication in the official gazette, these modifications—known as the Transaction of Business of Government of UT of Jammu and Kashmir (second amendment) rules, 2024—come into force. The main regulations were last modified on February 28, 2024, after they were first released on August 27, 2020.
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