J&K – The issues around the state

New rules for Transaction of Business of the Govt. of UT of J&K Rules, 2019

Note4Students

From UPSC perspective, the following things are important :

Prelims level : Art. 370

Mains level : Administrative changes in J and K

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

Tap to read more about: Reorganization of J&K

New Rules for J&K

  • The new rules have been defined under Section 55 of the Jammu and Kashmir Reorganization Act, 2019.

What are they?

(1)Executive functions of the L-G

  • According to the rules the “police, public order, All India Services and anti-corruption” will fall under the executive functions of the L-G.
  • Chief Minister or the Council of Ministers will have no say in their functioning.

(2)Minority Community interests

  • The proposals or matters which affect or are likely to affect peace and tranquillity or the interest of any minority community, the SCs, the STs and the Backward Classes shall essentially be submitted to the LG through the Chief Secretary, under intimation to the CM, before issuing any orders.

(3)Service Matters

  • The Council of Ministers, led by the CM, will decide service matters of non-All India Services officers, proposal to impose a new tax, land revenue, sale grant or lease of government property, reconstituting departments or offices and draft legislation.

(4)Difference of Opinion

  • In case of difference of opinion between the L-G 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”.

(5)Relation with the Centre

  • According to the rules, “any matter which is likely to bring the Government of the UT into controversy with the Central Government or with any State Government” shall be brought to the notice of the L-G and the CM by the Secretary concerned through the Chief Secretary.
  • All communications received from the Centre, including those from the PM and other Ministers, shall be submitted by the Secretary to the Chief Secretary, the Minister in charge, the CM and the L-G for information after their receipt.

(6)Various departments

  • Under the rules, there will be 39 departments in the UT, such as school education, agriculture, higher education, horticulture, election, general administration, home, mining, power, Public Works Department, tribal affairs and transport.
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