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MHA Notifies J&K UT Business Rules

Center to have the final say on all sensitive issues

Mohinder Verma
JAMMU, August 28: The Union Home Office issued rules for the conduct of the business of the government of the Union Territory of Jammu and Kashmir while giving exclusive powers to the Lieutenant Governor to handling affairs related to law and order, police, all Indian services and the Anti-Corruption Bureau and even the elected chief minister will have no say in these crucial matters.

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In addition, the Lieutenant Governor will play an important role in the appointment of the Chief Secretary and Director General of Police and vital matters concerning the peace and tranquility of the Union territory, the interests of the minority community, the Center-UT relations, matters relating to annual financial statements and Plan evaluation and administrative significance, etc. will be submitted to it before the issuance of any order by the government.
It will continue to exercise all these powers and many others even after the reestablishment of a democratically elected government in the territory of the Union following the holding of elections to the Assembly in the future. Even the Council of Ministers will not be able to deliberate on matters left exclusively to the discretion of the Lieutenant Governor.

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On the other side, the Principal Secretary or the Secretary to the Lieutenant Governor will be the Co-Secretary of the Cabinet and copies of the proposals for the Council’s deliberations will be sent to the Lieutenant Governor in advance.
The business transaction of the Government of the Union Territory of Jammu and Kashmir, 2019 was notified by Union Home Minister Ajay Bhalla after being approved by Indian President Ram Nath Kovind in the ‘exercise of the powers conferred by section 55 of the Jammu and Kashmir Reorganization Act 2019, read with the proclamation of October 31, 2019.
Since the split of the old state into two Union Territories, the exercise was underway for the formulation of new rules for government business transactions of the Union Territory J&K and eventually the same were issued to ensure the proper functioning of the administration.
In accordance with the rules, the Lieutenant Governor may, by written standing orders, regulate the transaction and liquidation of matters relating to his executive functions. The Lieutenant Governor, in matters relating to public order, police, all Indian services and the anti-corruption office, exercises his executive functions at his discretion under the law.
For public order, police and IPS officials, questions will be referred to the Lieutenant Governor by the Principal Home Secretary through the Chief Secretary, while for matters related to the Indian Service Officers (IAS and IFS) and the Anti-Corruption Office. , matters are referred to it by the Commissioner / Secretary, General Administration Department through the Chief Secretary.
This means that unlike the practice that was in vogue before the former state was split into two UTs, the Prime Minister would not have the power to transfer the agents of the IAS, the IPS and the IFS.
With respect to persons other than those belonging to All India Services and Police, serving in the administration of the territory of the Union, the Lieutenant Governor shall exercise the powers and duties in consultation with the Chief Minister who may be entrusted to him by virtue of the provisions of the articles of association and decrees regulating the conditions of service of these persons.
To tighten its grip on the J&K, the Indian government will have the final say on all sensitive matters and this can be assessed from the relevant rule which states: “Subject to any instructions that may be issued from time to time by the government central. , the lieutenant-governor shall first apply to the central government within the Ministry of the Interior or to the competent ministry with a copy to the Ministry of the Interior with regard to proposals affecting the relations of the central government with any government of State, Supreme Court of India or any other High Court; proposals for the appointment of the chief secretary and the director general of the police; important cases which affect or are likely to affect the peace and tranquility of the territory of the Union and cases which affect or are likely to affect the interests of any minority community, listed castes or backward classes ”.
The Center will also have the final say on any matter in the event of a difference of opinion between the Lieutenant Governor and the Council of Ministers, as stipulated in the relevant rule: “In the event of a difference of opinion between the Lieutenant Governor and a Minister concerning any matter, the Lieutenant Governor will endeavor by discussion within two weeks of the date of such disagreement on the matter to settle any point on which such a difference of opinion has arisen. In the event that the difference of opinion persists, the Lieutenant Governor may direct that the matter be referred to Council, which will consider the matter at its next scheduled meeting and communicate its decision no later than 15 days from the date of such referral. “.
“If no decision is received within 15 days of the date of such referral, the Lieutenant Governor’s decision is deemed to have been accepted by Cabinet. In the event of a difference of opinion between the lieutenant governor and the council on a matter, the lieutenant governor submits it to the central government for the decision of the president and acts in accordance with the decision of the president ”.
The Lieutenant Governor also consults the Union Civil Service Commission or the Union Territory Civil Service Commission of Jammu and Kashmir on all matters on which the Commission is to be consulted under the clause (3) of Article 320 of the Constitution. In all these cases, he may only issue an order in accordance with the opinion of the Union Public Services Commission or the Public Services Commission, as the case may be, unless authorized to do so by the government. central.
Even all correspondence with the Union Civil Service Commission and the central government regarding the recruitment and conditions of service of persons serving in the administration of the Union territory should be conducted by the Chief Secretary. or the secretary of the department concerned or any other official authorized for this purpose. under the direction of the Lieutenant Governor.
The Chief Secretary shall be the Secretary of the Board and the Principal Secretary or Secretary to the Lieutenant Governor shall be the Deputy Secretary of the Board and, in the absence of the Secretary of the Board, the Deputy Secretary will act as Secretary and no proposal in to in respect of which the Lieutenant Governor must act at his discretion under the Act are referred to Council for consideration.
However, the ministries concerned, by circulating the proposals for consideration by the Council to the ministers, simultaneously send a copy to the Lieutenant Governor.
In accordance with the Rules, proposals relating to matters raising questions of policy; matters which affect or are likely to affect the peace and tranquility of the territory of the Union; matters which affect or are likely to affect the interests of any minority community, scheduled castes, listed tribes and backward classes; matters which affect the government’s relations with any state government, the Supreme Court of India or the High Court of Jammu and Kashmir; proposals or questions to be submitted to central government; matters relating to the Lieutenant Governor’s Secretariat and staffing and other matters relating to his office; matters on which the Lieutenant Governor is required to make an order under any applicable law or instrument; matters relating to the convening, prorogation and dissolution of the Legislative Assembly; matters relating to the issuance of rules under a law in force in the territory of the Union; any deviation from these rules which is brought to the attention of the chief secretary or the secretary of a department; matters relating to the evaluation of the annual financial statements and the plan and any other proposal of administrative importance should essentially be submitted to the Lieutenant Governor through the Chief Secretary, under the direction of the Chief Minister, before taking prescriptions.
The Lieutenant Governor has also been empowered to bring to the Council for consideration matters which require action other than in accordance with orders made by the responsible Minister. However, any notes, minutes or comments of the Lieutenant Governor in such a case should not be placed on the Secretariat file unless ordered by the Lieutenant Governor.
In accordance with the rules, the Chief Minister will be required to provide information relating to the administration of the territory of the Union and proposals for legislation which the Lieutenant Governor may request. In addition, the Chief Minister shall refer to the Council for consideration any matter on which a decision has been made by a Minister but which has not been considered by the Council if the Lieutenant Governor so requires.
The matters which will be brought before the Council subject to the orders of the Prime Minister are the proposals relating to the convocation, the prorogation and the dissolution of the Legislative Assembly; annual financial statements to be tabled in the Legislative Assembly and requests for additional, additional or excess grants; proposals for the presentation of any resolution or bill to be presented to the Legislative Assembly; proposals for the imposition of a new tax or any modification of the method of assessment or of the amount of any existing tax or property income; proposals which affect the finances of the Union Territory and do not have the consent of the Minister of Finance.
Likewise, proposals involving the alienation, temporary or permanent, or the sale, grant or lease of government property or the abandonment or reduction of income, except where such alienation, sale, grant or the leasing of government property or the abandonment or reduction of income is in accordance with the rules or a general scheme; the annual audit of the finances of the Union territory and the report of the Public Accounts Committee; proposals involving any material change in policy or practice; proposals for the creation or abolition of any public office whose maximum remuneration is greater than Rs. 47600-15110; appointment of commissions of inquiry at the initiative of the Ministry or pursuant to a resolution passed by the Legislative Assembly and the reports of such commissions; bills and proposals for legislation, including the publication of ordinances, etc. will also be submitted to the Council.


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