J&K Business Rules: A Notification, Not a Power Shift

July 13, 2024 | Author: News Desk

Srinagar, July 13: A recent notification issued on July 12, 2024, concerning the transaction of business rules for the Union Territory of Jammu and Kashmir has been misreported by some media outlets as a revision to the Jammu and Kashmir Reorganization Act, 2019. Officials have clarified that this notification only updates the transaction rules to address administrative ambiguities and does not alter the power structure established by the 2019 Act.

Officials emphasized that the notification does not affect the balance of powers defined by the Jammu and Kashmir Reorganization Act, which was enacted by the Indian Parliament in August 2019 and upheld by the Supreme Court of India. This Act delineates the legislative powers and functions of the Lieutenant Governor.

Under Section 32 of the Act, the Legislative Assembly of Jammu and Kashmir is authorized to legislate on subjects within the State List, excluding “Police” and “Public Order,” as well as on matters within the Concurrent List of the Indian Constitution. Section 53 endows the Lieutenant Governor with discretionary authority over areas beyond the Legislative Assembly’s purview, including All India Services and the Anti-Corruption Bureau.

The recent notification aims to provide clearer guidelines for administrative processes, thereby enhancing governance efficiency in Jammu and Kashmir. The Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019, previously issued by the President of India under Section 55 of the Act, remain in effect to ensure streamlined governance.