What are J&K’s new Business Rules? How would the CM, LG and bureaucracy share power?

6 March 2025

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Srinagar: A lot is being talked about lately about J&K’s new Business Rules. What exactly are these new Rules? How do they concern common citizens on J&K? Would these Rules improve the quality of governance here?

In late 2024, the National Conference-led government, under Chief Minister Omar Abdullah, initiated the drafting of new business rules to delineate the powers and responsibilities of the Chief Minister, the Council of Ministers, and other administrative officials. A Cabinet Sub-Committee (CSC), chaired by Deputy Chief Minister Surinder Choudhary and including Ministers Javed Rana and Sakina Ittoo, was formed to undertake this task. The CSC examined previous business rules from the erstwhile state of J&K and the Transaction of Business of the Government of Union Territory of Jammu & Kashmir Rules, 2019, along with amendments made in 2023 and 2024. By December 2024, the CSC had finalized a draft, which was under discussion at various levels.

On Wednesday evening, March 5, 2025, the J&K Cabinet approved the new business rules, forwarding them to the Lieutenant Governor (L-G) for final approval. These rules aim to clarify the governance structure within the Union Territory, specifying the roles and powers of the Chief Minister, Cabinet members, Ministers, Administrative Secretaries, and other officials. The objective is to streamline administrative processes and ensure efficient governance.

But what about the Business Rules already introduced in 2020, and amended in 2023 and 2024?

The introduction of these new business rules is intended to supersede the existing regulations established by the Union Ministry of Home Affairs (MHA) in 2020 and subsequently amended in 2023 and 2024.

The previous rules were formulated during a period when J&K was under direct central administration, lacking an elected government. With the restoration of an elected administration, the new rules are designed to reflect the changed political landscape and provide a clear framework for the functioning of the UT government.

The new rules are expected to address several key areas:

Clarification of authority: They will define the scope of authority for the Chief Minister, Cabinet, Ministers, and Administrative Secretaries, ensuring that decision-making processes are transparent and responsibilities are well-distributed.

Administrative procedures: The rules will outline procedures for officer transfers, project approvals, creation of new posts, and recruitment guidelines, aiming to enhance administrative efficiency.

Legislative framework: Pending the establishment of new legislative assembly rules, these business rules will provide interim guidelines for legislative procedures, facilitating the smooth functioning of the assembly.

What did the Business Rules introduced after 2019 for J&K entail?

In 2024, the Ministry of Home Affairs (MHA) of India amended the Transaction of Business Rules under the Jammu and Kashmir Reorganisation Act, 2019, significantly altering the administrative dynamics between the Lieutenant Governor (L-G) and the prospective Chief Minister along with the Council of Ministers in the Union Territory (UT) of Jammu and Kashmir (J&K). These amendments expanded the discretionary powers of the L-G, particularly in critical areas such as police, public order, All India Services (AIS), and the Anti-Corruption Bureau (ACB).

Main amendments and their implications

The amendments introduced a new sub-rule (2A) stating that any proposal requiring the Finance Department’s concurrence concerning ‘Police’, ‘Public Order’, ‘All India Services’, and ‘Anti-Corruption Bureau’ cannot be approved or rejected without first being placed before the L-G through the Chief Secretary. This effectively grants the L-G greater oversight and decision-making authority in these domains, thereby reducing the direct influence of the Chief Minister and the Council of Ministers.

Appointments of Legal Officers

A new rule, 42A, mandates that the Department of Law, Justice, and Parliamentary Affairs must submit proposals for appointing the Advocate-General and other law officers to assist in court proceedings for the L-G’s approval, routed through the Chief Secretary and the Chief Minister. Previously, such appointments were primarily within the purview of the elected government, but this change ensures the L-G’s involvement, thereby centralizing authority.

Prosecution Sanctions and Legal Appeals

Rule 42B specifies that any proposal regarding the grant or refusal of prosecution sanctions or the filing of appeals must be placed before the L-G through the Chief Secretary by the Department of Law, Justice, and Parliamentary Affairs. This amendment centralizes critical legal decisions, which were earlier under the domain of the elected government, under the L-G’s authority.

Transfers and postings of Administrative Secretaries and AIS Officers

The amendments stipulate that matters related to the posting and transfer of Administrative Secretaries and cadre posts of AIS officers are to be submitted to the L-G by the Administrative Secretary of the General Administration Department through the Chief Secretary. This provision enhances the L-G’s control over bureaucratic appointments and transfers, areas traditionally managed by the elected government.

Oversight of prisons, prosecution, and forensic science

The amendments assign matters connected with prisons, the Directorate of Prosecution, and the Forensic Science Laboratory directly to the L-G. This change further consolidates the L-G’s administrative control over critical components of the criminal justice system in J&K.