Rules for administering Jammu and Kashmir

  Oct 07, 2020

Rules for administering Jammu and Kashmir

Q. Why is this in news?

A. The Ministry of Home Affairs (MHA) has notified new rules for administration in the Union Territory of Jammu and Kashmir that specify the functions of the Lieutenant Governor (LG) and the Council of Ministers.

Q. What are roles and powers of Lieutenant General?

  1. Police, public order, All India Services and anti-corruption, will fall under the executive functions of the LG, implying that the Chief Minister or the Council of Ministers will have no say in their functioning.
  2. 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 Lieutenant Governor through the Chief Secretary, under intimation to the Chief Minister, before issuing any orders.”
  3. 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 Lieutenant Governor shall be deemed to have been accepted by the Council of Ministers.

Q. What will be the role of the President?

Q. What will  be the role of Council of Ministers, led by the Chief Minister?

  1. They will decide service matters of non-All India Services officers, proposal to impose new tax, land revenue, sale grant or lease of government property, reconstituting departments or offices and draft legislations.
  2. Any matter which is likely to bring the Government of the Union territory into controversy with the Central Government or with any State Government, shall, as soon as possible, be brought to the notice of the LG and the Chief Minister by the secretary concerned through the Chief Secretary.

Q. What will be the role of the Central Government?

The Lieutenant Governor shall make a prior reference to the Central government with respect to proposals of the following kinds:

  1. Those affecting the relations of the Centre with any state government, the Supreme Court of India or any other high court;
  2. Proposals for the appointment of Chief Secretary and Director General of Police;
  3. Important cases which affect or are likely to affect the peace and tranquillity of the Union Territory; and
  4. Cases which affect or are likely to affect the interests of any minority community, Scheduled Castes or the Backward Classes.