IAS Gyan

Daily News Analysis

Police, Central cadre under J&K Lieutenant Governor

29th August, 2020 Polity

Context: The Ministry of Home Affairs (MHA) 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.

Background: On August 6, 2019, Parliament read down Article 370 of the Constitution revoking the special status of J&K and bifurcated and downgraded the State into Union Territories of J&K and Ladakh; J&K with a legislative assembly.

Details:

  • According to the transaction of business rules, “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.
  • The Council of Ministers, led by the Chief Minister 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.
  • However, 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”.

Reference: https://www.thehindu.com/news/national/ministry-of-home-affairs-notifies-new-rules-for-administration-in-jk/article32466936.ece