MHA Gives More Powers to Jammu Kashmir LG

SRINAGAR, JULY 13: In a major development, the Ministry of Home Affairs (MHA) carried out significant amendments to the rules of business of Jammu and Kashmir under which all proposals regarding the transfer of Administrative Secretaries and All India Services (AIS) officers will be submitted to the Lieutenant Governor by the Chief Secretary.

The amendments in the Business of Jammu and Kashmir Rules, 2019 were carried out by the MHA and came amidst reports that assembly elections could be held in Jammu and Kashmir in September.

As per the amendments, all proposals regarding the transfer of Administrative Secretaries and All India Services officers will be submitted to the Lieutenant Governor by the Administrative Secretary General Administration Department through the Chief Secretary. The notification from the MHA specifies that matters related to police, public order, All India Services, and the Anti-Corruption Bureau (ACB) cannot be approved or rejected without the Lieutenant Governor’s review.

These amendments, while consolidating the Lieutenant Governor’s authority, also reinforce the Chief Secretary’s role, making them a pivotal figure in the administrative process in the new naya Kashmir. The changes will be particularly significant if an elected government, led by a Chief Minister, is established in the future.

Proposals for appointing the Advocate General and other Law Officers will now require approval from the Lieutenant Governor, routed through the Chief Secretary and the Chief Minister. The MHA’s notification elaborates that the Department of Law, Justice, and Parliamentary Affairs must present these proposals for the Lieutenant Governor’s approval.
Besides, the Chief Secretary has gained notable powers concerning financial matters. Proposals needing the Finance Department’s concurrence, especially those under the Lieutenant Governor’s discretionary powers, must be reviewed by the Lieutenant Governor through the Chief Secretary.

The amendments also dictate that any proposal regarding prosecution sanctions or appeals must be submitted by the Department of Law, Justice, and Parliamentary Affairs to the Lieutenant Governor via the Chief Secretary. Similarly, matters related to Prisons, the Directorate of Prosecution, and the Forensic Science Laboratory are to be handled through this hierarchical route.

On a broader scale, the MHA’s revisions to the Jammu and Kashmir Reorganization Act further bolster the Lieutenant Governor’s authority. Notably, under Section 55 of the Act, new sections have been added, granting the Lieutenant Governor increased powers, including the appointment of the Advocate General and sanctioning prosecutions and appeals.

A sub-rule has been inserted in rule 5 of the J&K Reorganisation Act, and follows sub-rule (2). The sub-rule (2A) states that: “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.”

Similarly, rules 42A and B have been inserted in principal rules, which follow rule 42. While 42A says that appointments of law officers, including Advocate General, shall be made only after the LG’s approval, 42A notes that proposals regarding grant or refusal of persecution sanctions shall be brought before the LG by the Chief Secretary via the Law Department.

Since August 2020, Manoj Sinha has been serving as the Lieutenant Governor of Jammu and Kashmir. With these new amendments, his role and powers are significantly expanded, ensuring that key administrative decisions are centralised through his office.

On August 28, 2019, the MHA notified the Rules first for administration in Jammu and Kashmir specifying the functions of the LG and the Council of Ministers.