Notification of Rules for J&K

• 29 Aug 2020

Why in News

The Ministry of Home Affairs (MHA) has notified Rules of Transaction of Business for the Government of Union territory of Jammu and Kashmir (J&K).

Key Points

• The rules have been notified under the Section 55 of the Jammu and Kashmir Reorganization Act, 2019
  
  • According to Section 55 of the act “the Lieutenant Governor (LG) shall make rules on the advice of the Council of Ministers for the allocation of business to the Ministers; and for the more convenient transaction of business with the Ministers including the procedure to be adopted in case of a difference of opinion between the LG and the Council of Ministers or a Minister.
• The rules provide details of work allocation, distribution of the business among the departments, their powers, executive powers of LG etc. in J&K.
• As per the rules, there will be 39 departments in the J&K such as school education, agriculture, higher education, horticulture, election, general administration, home, mining, power, Public Works Department, tribal affairs and transport.
• Police, Public order, All India Services and Anti-corruption will fall under the executive functions of the LG.
  
  • This implies that the Chief Minister or the Council of Ministers will have no say in their functioning.
• Proposals or matters which affect or are likely to affect the peace and tranquility of the UT or the interest of any minority community, the Scheduled Castes, the Scheduled Tribes and the Backward Classes shall essentially be submitted to the LG through the Chief Secretary, under intimation to the Chief Minister, before issuing any orders.
• Any matter, which is likely to bring the government of the Union Territory into a controversy with the Centre or a State government, shall, as soon as possible, be brought to the notice of the LG and the Chief Minister through the Chief Secretary.
• All important communications received from the Centre shall, as soon as possible, be submitted to the Chief Secretary, the Minister in charge, the Chief Minister and the LG for information.
• In case of difference of opinion between the LG and a Minister when no agreement could be reached even after a month, the decision of the LG shall be deemed to have been accepted by the Council of Ministers.
• Background:
  
  • The Centre on 5^th August 2019 scrapped provisions of Article 370 through the Constitution (Application to Jammu and Kashmir) Order, 2019.
  • A separate Bill - the Jammu and Kashmir Reorganisation Bill 2019 - was introduced to bifurcate the State into two separate union territories of Jammu and Kashmir (with legislature), and Ladakh (without legislature).
  • The move created a controversy with many civil groups demanding restoration of the special status of J&K. A petition was filed in the Supreme Court challenging the constitutional validity of the abrogation.
  • Following the move, Pakistan released a new political map that includes all of Jammu & Kashmir, Ladakh, Sir Creek and Junagadh.
  • China called India’s step “illegal and invalid” and raised the issue at the United Nations Security Council (UNSC) in New York (USA).
  • A special committee set up by the Supreme Court of India recommended restoration of 4G internet services on a trial basis in Jammu & Kashmir, which was suspended to avoid violence in the state after the abrogation of Article 370.

Source: TH