MHA Amends Jammu And Kashmir Reorganization Act Adding More Powers To Lieutenant Governor

The ministry of home affairs on Saturday issued a notification to declare that they amended the Jammu and Kashmir Reorganization Act which increases the number of responsibilities for the lieutenant governor.

The MHA introduced new sections of the lieutenant governor's powers as they amended rules under Section 55 of the Jammu and Kashmir Reorganization Act, 2019.

The Ministry of Home Affairs (MHA) has released a notification detailing how Administrative Secretaries and officers of All India Services will be transferred and assigned to new positions.

According to the notification, proposals concerning these transfers must be sent to the Lieutenant Governor (LG) by the Administrative Secretary of the General Administration Department through the chief secretary.

The proposals that need approval from the Finance Department, where the LG holds discretionary powers, must first be submitted to the LG through the chief secretary for final approval or rejection.

The notification also added, "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 LG under the Act shall be concurred or rejected unless it has been placed before the lieutenant governor through the chief secretary."

Further, MHA also added two sections under rule 42 in the principal rules which are - "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."

And the other one read, "Any proposal regarding grant or refusal of prosecution sanction or filing of appeal shall be placed before the Lieutenant Governor through the Chief Secretary by the Department of Law, Justice Parliamentary Affairs".

Manoj Sinha was appointed asthe LG of Jammu and Kashmir in August 2020.

Former J&K CM Omar Abdullah reacting to the law amendment news stated that Jammu and Kashmir deserve better than a ‘powerless’ chief minister.

In a post on X, Abdullah wrote, "Another indicator that elections are around the corner in J&K. This is why a firm commitment laying out the timeline for restoration of full, undiluted statehood for J&K is a prerequisite for these elections. The people of J&K deserve better than powerless, rubber stamp CM who will have to beg the LG to get his/her peon appointed."