Jammu, May 4: Lieutenant Governor Manoj Sinha has rejected the recommendations of the Cabinet Sub-Committee pertaining to Transaction of Business Rules (TBR) and returned the file to the office of Chief Minister, Omar Abdullah as most of the proposals were in contravention of the provisions of Reorganisation Act, 2019.
Bhawan in the month of March this year but was returned recently with several queries, pointing out that the procedure for framing of TBR has to be in consonance with the Reorganization Act”.
Sources elaborated, “the Cabinet Sub-Committee in contravention of the provision of Reorganisation Act and subsequent Business Rules issued by Union Home Ministry in 2023 and 2024, had recommended sweeping power to the Council of Ministers. The Sub-Committee had recommended that all transfers of IAS/ IPS officers will be recommended by the LG to the Council of Ministers and latter shall be final authority in all such matters. Further the appointment of Advocate General will be finalized by Chief Minister’s office and not LG office as was before enactment of Reorganisation Act”.
These recommendations are in contrary to the Section 53 of the J&K Reorganisation Act, which clearly states that the Lt Governor shall, in exercise of his functions, act in his discretion in matters related to All India Services and Anti-Corruption Bureau, besides matters that fall outside the powers of the Legislative Assembly or relate to the exercise of any judicial functions.
Further, Rule 42A of the amended Transaction of Business Rules under J&K Reorganisation Act, 2019 issued in 2024 by MHA states 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.
“The TBR sent for approval of LG office had also proposed to bring the postings and transfers of Deputy Commissioners and Executive Magistrates, directly connected with law and order, also within the powers of the elected Government, which is clearly in contravention of the provisions of the Reorganisation Act”, sources added.
“The Sub-Committee had also recommended that existing powers of Chief Secretary be also curtailed and important Government business need not be routed though his office”, as per one of the member of the Cabinet Sub-Committee, adding “there were similar provisions to ensure that major decisions were implemented after approval of Cabinet and not LG office”.
Legal experts opined that the recommendations of the Cabinet Sub-Committee, if implemented would mean ‘restoration of Statehood’ indirectly as major powers for transaction of important Government business would be shifted to Cabinet and Chief Minister office without any formal nod by the Parliament.
“However, no administrative procedure adopted by the State can frame rules of procedure that are contrary to the Act passed by Parliament”, they pointed out.
It is pertinent to mention here that Omar Abdullah led Government in 2024 had formed a CSC, headed by Deputy Chief Minister Surinder Choudhary and comprising Ministers Javed Rana and Sakeena Itoo to draft the business rules. The Committee initiated drafting of new business rules to delineate the powers and responsibilities of the Chief Minister, Council of Ministers and other administrative officials.
The CSC had examined the business rules that were in effect in the erstwhile State of Jammu & Kashmir, as well as the Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019, which were unveiled by the Union Home Ministry in August 2020, along with subsequent amendments made in 2023 and 2024.
Legal experts emphasized that the appointment of LG has been made under Article 239 of the Indian Constitution, which specifies that Union Territories have to be administered by the President, acting through an administrator. Further, Jammu and Kashmir Reorganization Act, 2019 designates the administrator of J&K as the Lieutenant Governor holding significant power.
On August 28, 2020, the Ministry of Home Affairs (MHA) had notified rules of Transaction of Business for the Government of Union territory of Jammu and Kashmir and a formal notification was issued by the President.
