Central Govt to shortly notify J&K government’s new Business Rules; to define cabinet, ministerial powers

25 November 2024

By: Mir Furqan and Vidushi

Srinagar: The Ministry of Home Affairs (MHA), Government of India, is expected to announce new business rules for the Union Territory (UT) of Jammu & Kashmir (J&K) in the coming days.

These rules will define the powers and responsibilities of the newly elected Omar Abdullah-led government, including the roles of the cabinet, individual ministers, and government secretaries, Daily Excelsior reported on Monday.

According to reports, the draft rules have been submitted by the LG administration to the central ministry and the same would be unveiled shortly after reviewing and approval by the home ministry.

Since the assumption of the new government in J&K, the LG’s office, which retains administrative powers as per the J&K Reorganization Act, 2019 and the elected government have both felt the need to define the rules of Business and delieanate the powers and roles and responsibilities between the elected government and the LG’s office. The main changes expected to be introduced in the business rules include:

Division of Powers: The rules will outline the jurisdiction of the elected government and its interaction with the centrally appointed Lieutenant Governor (LG).

Cabinet and Ministerial Powers: It is anticipated that the new rules will delegate specific areas of governance to the J&K cabinet and its ministers while potentially retaining certain key powers, under the LG’s purview. The exact nature of that has not be divukged as of now.

Role of Government Secretaries: The rules may also clarify the role of administrative secretaries, who act as intermediaries between the elected government and the civil service.

Although no exact date has been specified, the announcement is expected to occur shortly, as the first elected government in the UT has begun its operations following the abrogation of Article 370 in 2019 and the subsequent reorganization of J&K.

Observers believe that the distribution of powers defined and granted under these new rules will significantly alter the functioning of the J&K government.

Pertinently, in July 2024, the Ministry of Home Affairs (MHA) introduced amendments to the Jammu & Kashmir Reorganization Act, 2019, significantly enhancing the administrative powers of the Lieutenant Governor (LG) in the Union Territory. These amendments, effective July 12, aimed to streamline governance and were seen as a preparatory measure for the anticipated assembly elections in Jammu and Kashmir.

These amendments also included changes to the Transaction of Business Rules of the government of J&K, introducing a new sub-rule (2A) in Rule 5. This sub-rule mandates that no significant proposal requiring central government consultation can proceed without the LG’s approval, solidifying the LG’s decision-making role.

The main changes made to the J&K Business Rules in July included:

Control over Transfers and Postings – The LG was granted authority over the transfers and postings of all-India service officers, including those in the Indian Administrative Service (IAS) and Indian Police Service (IPS).

Law and Order Oversight: The LG now has direct control over policing and law and order matters, further centralizing administrative functions.

Judicial Appointments: Enhanced powers extend to the appointment of judicial officers, which were earlier more collaboratively managed.