Centre Notifies Power Distribution in J&K: Police, Central Cadre under Lieutenant Governor

Central government is streamlining administrative matters by infusing new reforms in the UT of Jammu and Kashmir. The Ministry of Home Affairs on Friday issued fresh guidelines for transaction of business in the union territory.

Ministry of Home Affairs (MHA) in its notification strengthens the erstwhile state of Jammu & Kashmir post the abrogation of Article 370 on 5th August, last year. Referring to the Government Order No 956 dated August 23, 2019, a group of officers was created to study the existing rules of business. This group also researched and submitted a draft about the rules of business in the union territories of Delhi, Pondicherry, Andaman and Nicobar.

Following are some highlights from the notification from Chapter IV

The chapter indicates the Executive Functions of the Lieutenant Governor (LG) in the UT of Jammu and Kashmir. The LG can regulate transactions and disposals of business related to his executive functions by standing orders in writing for the following conditions.

Point 43 reads as

Provided that the standing orders shall be consistent with the provision of this Chapter, Chapter V and the instruction issued by the Central Government from time to time.

Provided further that the Lieutenant-Governor shall in respect of matters connected with public order “Police”, “All India Services” and “Anti Corruption Bureau” exercise his executive functions in his discretion under the Act.

Provided also that in respect of matters connected with public order, police and IPS officers, the matters shall be submitted to the Lieutenant Governor by the Principal Secretary, Home through the Chief Secretary.

Provided also that in respect of matters connected with All India Service officers (IAS and IPS) and Anti Corruption Bureau, the matters shall be submitted to the Lieutenant Governor by the Commissioner of Secretary, General Administration Department through the Chief Secretary.

Point 44 reads as

With respect to persons other than those belonging to All India Services and Police, serving in connection with the administration of the Union Territory the Lieutenant Governor shall exercise such powers and perform such functions, in consultation with the Chief Minister, as may be interested to him under the provisions of the rules and orders regarding the condition of service of such persons.

Notwithstanding anything contained in the sub rule (1) the Lieutenant-Governor shall consult the Union Public Service Commission for public service Commission for the union territory of Jammu and Kashmir on all matters on which the Commission is required to be constructed under clause (3) of the Article 320 of the Constitution; and in every such case shall not make any order otherwise than in accordance with the advice of the Union Public Service Commission for the Public Service Commission of the Union Territory of Jammu and Kashmir as the case may be unless authorised to do so by Central Government.

In other words, “police, public order, All India Services and anti-corruption,” will fall under the executive functions of the LG, meaning that the Chief Minister or the Council of Ministers will have no say in their functioning. Although the CM and his council will be able to make decisions on service matters of non-All India Services officers.

The rule also states that “any matter which is likely to bring the Government of the Union territory into controversy with the Central Government or with any State Government”, shall, as soon as possible, be brought to the notice of the LG and the Chief Minister by the secretary concerned through the Chief Secretary.

The notifications extracted from the draft was finalised and submitted them to the Chief Secretary by sub-committees headed by Administrative Secretary of the General Administration Department (GAD) for the Union Territory of Jammu and Kashmir (J&K) and Administrative Secretary, Ladakh Affairs for the Department for the Union Territory of Ladakh

These new rules of “transaction of business” will ensure smoother interactions between the central government and the newly formed union territory of J&K.

After the abrogation of Article 370 in August 2019, the Parliament approved the Jammu and Kashmir Reorganization Act 2019 in October, wherein the state of Jammu and Kashmir was bifurcated into two union territories - J&K and Ladakh.