Jammu, July 13: Jammu and Kashmir Reorganization Act has not been changed and only the transaction rules have been modified to avoid any ambiguity or confusion ensure smooth administration, sources said.
Sources said that recent notification, concerning the transaction of business rules, is not an amendment to the Jammu and Kashmir Reorganization Act, 2019.
Sources emphasised that the notification does not, in any sense, alter the balance of powers as enshrined in the Jammu and Kashmir Reorganization Act, 2019. The Act, passed by the Parliament of India in August 2019 and upheld by the Supreme Court of India, remains intact.
Section 32 of the Act empowers the Legislative Assembly to make laws on matters enumerated in the State List, except for “Police” and “Public Order,” and on the Concurrent List in the Seventh Schedule of the Constitution of India. Meanwhile, Section 53 stipulates that the Lieutenant Governor shall exercise discretion in matters outside the Legislative Assembly’s jurisdiction, such as All India Services, the Anti-Corruption Bureau, and any other matters requiring discretion by law.
The President, exercising powers under 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 August 27, 2020, Ministry of Home Affairs) for more convenient governance. The current notification, sources said, aims to provide better clarity on these processes.
Sources reiterated that the roles and functions of the Legislative Assembly and the Lieutenant Governor are clearly defined and delineated in the Act, and these provisions are accurately reflected in the transaction of business rules. The notification is intended to streamline administrative procedures for the Union Territory of Jammu and Kashmir.
J&K Notification on business rules:No amendment to Reorganization Act: Sources
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