The Ministry of Home Affairs (MHA) recently enacted the Rules of Transaction of Business for the Government of Union territory of Jammu and Kashmir (J&K). This development has been seen as a significant step towards cementing the region’s status as a Union Territory. In light of these changes, this article aims to provide an objective and detailed analysis of the facts surrounding these new rules.
Rule Notification and Legislative Basis
Under Section 55 of the Jammu and Kashmir Reorganisation Act, 2019, the new rules were notified. This provision allows the Lieutenant Governor (LG) to establish regulations based on the advice of the Council of Ministers. These rules are geared towards efficient business allocation among ministers and outlining best practices in the event of a disagreement between the LG and a Minister or the Council of Ministers.
Allocation of Responsibilities Among Departments
The new rules provide a detailed distribution of work among various departments, their powers, and the executive authority of the LG in J&K. A notable feature of these rules is the establishment of 39 departments, including school education, agriculture, higher education, horticulture, general administration, home, mining, power, public works, tribal affairs and transport, among others.
The Role of the Lieutenant Governor
Certain key areas – namely police, public order, All India Services, and Anti-corruption – fall exclusively under the LG’s executive functions. This indicates that neither the Chief Minister nor the Council of Ministers will have influence over these sectors’ operations.
Ensuring Peace, Security, and Minority Interests
The rules stipulate that any proposals or matters with potential implications on peace and stability in the Union Territory, or affecting minority communities, Scheduled Castes, Scheduled Tribes, and Backward Classes must be submitted to the LG through the Chief Secretary.
Addressing Controversies and Differences in Opinion
In the event of a potential controversy between the government of the Union Territory and the Centre or a State government, such matters must be brought to the LG and the Chief Minister’s attention promptly. In case of a disagreement between the LG and a Minister that remains unresolved after a month, the LG’s decision will be deemed as accepted by the Council of Ministers.
Context and Reaction: Scrapping Article 370
The central government abolished provisions of Article 370 on August 5, 2019, causing widespread controversy with several civil groups demanding restoration of J&K’s special status. The Supreme Court received a petition challenging this move’s constitutional validity.
International Response and Developments
Following the abrogation of Article 370, Pakistan released a new political map that includes all of Jammu & Kashmir, Ladakh, Sir Creek, and Junagadh. China also voiced opposition, labeling India’s step “illegal and invalid” and bringing up the issue at the United Nations Security Council (UNSC) in New York. On a positive note, a special committee set up by the Supreme Court of India suggested restoring 4G internet services on a trial basis in Jammu & Kashmir, previously suspended to prevent violence post-abrogation of Article 370.