Nov 1, 2024
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New notification on J&K business rules not amendment to Reorganization Act: Officials

A recent notification regarding the transaction of business rules for the Union Territory of Jammu and Kashmir, dated 12th July 2024, has been erroneously reported by some media outlets as an amendment to the Jammu and Kashmir Reorganization Act, 2019. Officials have clarified that the notification is merely an amendment to the transaction rules to prevent any ambiguities in the administration.

An official said the notification does not alter the balance of powers established by the Jammu and Kashmir Reorganization Act, 2019, which was passed by the Parliament of India in August 2019 and upheld by the Supreme Court of India. The Act clearly defines the legislative powers and functions of the Lieutenant Governor.

He said under Section 32 of the Act, the Legislative Assembly of Jammu and Kashmir can legislate on matters in the State List, except “Police” and “Public Order,” as well as those in the Concurrent List of the Seventh Schedule of the Indian Constitution. Section 53 specifies that the Lieutenant Governor has discretionary power over matters outside the purview of the Legislative Assembly, including All India Services, the Anti-Corruption Bureau, and other specified areas, he said.

“The notification emphasizes that these provisions are well-defined in the Act and are reflected in the transaction of business rules to ensure smooth administration. The President of India, exercising powers under Section 55 of the Act, issued the Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019, for more convenient governance.”

Officials have stated that the current notification aims to provide better clarity on administrative processes to facilitate efficient governance in Jammu and Kashmir

 

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