1. The notification dated 13th July 2024, regarding transaction of business rules is not amendment to the Jammu and Kashmir Reorganization Act, 2019. Some media has wrongly reported it as amendment to the act. It is a simple amendment to the transaction rules which are issued to avoid any ambiguity.
2. This notification dated 13th July 2024 does not in any sense alter the balance of powers as enshrined in the Jammu and Kashmir Reorganization Act, 2019. The said act has been Passed by the Parliament of India in August 2019 and the same has been upheld by the Hon’ble Supreme Court of India.
3. As per section 32 of the Act, the Legislative Assembly may make laws with respect to any of the matters enumerated in the State List except the “Police” and “Public Order” or the Concurrent List in the Seventh Schedule to the Constitution of India.
4. As per section 53 of the Act, the Lieutenant Governor, shall exercise his functions in his discretion in a matter which falls outside the purview of powers conferred on Legislative Assembly, related to All India Services and Anti-Corruption Bureau and any other matter which he is required by or under any law to act in its discretion.
5. In view of the aforementioned provisions for powers of Legislative Assembly and functions of the Lieutenant Governor have been clearly defined and delineated in the Act and same has been reflected in transaction of business rules.
6. It is to be noted that President in exercise of powers conferred by Section 55 of the Act issued The Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019 (G.S.R 534(E) of 2020 dated 27.08.2020, Ministry of Home Affairs) for more convenient transaction of business of the Government.
7. The current notification is to provide better clarity on the processes so as to enable smooth administration of UT of J&K.
