Centre amends J&K Reorganisation Act, gives more powers to Lt Governor

In a significant move, the Centre has amended the Jammu and Kashmir Reorganisation Act, 2019, enhancing some powers of the Lieutenant Governor (LG) of Jammu and Kashmir for taking decisions on police, officers of all-India services such as the IAS and the IPS, and giving sanction for prosecution in various cases.

Decisions regarding the appointment of advocate general and other law officers, besides matters related to the anti-corruption bureau, will also be taken by the LG.

President Droupadi Murmu has given her approval to the amendments in the rule exercising the powers conferred by Section 55 of the Jammu and Kashmir Reorganisation Act, 2019 read with the Proclamation dated 31st October 2019 issued under Section 73 of the Act, according to a notification issued by the Ministry of Home Affairs.

The Kashmir Reorganisation Act, 2019, was enacted for the bifurcation of the erstwhile state of Jammu and Kashmir into Union Territories of Jammu and Kashmir and Ladakh,” while abrogating Article 370.

“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 Lieutenant Governor through the Chief Secretary,” according to the notification issued by the Union Home Ministry.

Besides, the ministry said, in the principal rules, after rule 42, the following rules shall be inserted.

“The 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 Lieutenant Governor through the Chief Secretary and the Chief Minister,” it said.

The notification also said any proposal regarding the grant of prosecution sanction or filing of appeal shall be placed before the L-G through the chief secretary by the department of law, justice and parliamentary affairs.

In the principal rules, in rule 43, after the third proviso, the home ministry said, the following provisos shall be inserted, namely.