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Disquiet in J&K as new rules add to LG powers

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The amendments give LG more powers on key administrative and legal matters — ranging from police and public order to postings and prosecution sanction.
he Opposition on Saturday denounced the Centre’s move to widen the scope of Jammu and Kashmir lieutenant governor’s (LG) powers on key administrative and legal matters — ranging from police and public order to postings and prosecution sanction — saying that the step will render the chief minister “powerless” and “disempower” the region’s people.The ministry of home affairs (MHA) on Friday amended the transaction rules pertaining to the J&K Reorganisation Act, 2019, which was enacted alongside the revocation of Constitution’s Article 370 for the bifurcation of the erstwhile state into the Union Territories of J&K and Ladakh.

The amendments give LG, who reports to the Centre, more say in various matters of administrative importance, including those related to the region’s police and anti-graft bureau.

“No proposal which requires previous concurrence of the Finance Department with regard to Police, Public Order, All India Service and Anti Corruption Bureau to exercise the discretion of the Lieutenant Governor under the Act shall be concurred or rejected unless it has been placed before the Lieutenant Governor through the Chief Secretary’,” the inserted sub-rule (2A) said. Earlier, these proposals required an approval from J&K’s finance department before reaching LG.

According to another new rule, the appointment of top law officers will now have to be approved by LG.

“Department of Law, Justice and Parliamentary Affairs shall submit the proposal for appointment of Advocate-General and other Law Officers to assist the Advocate-General in the court proceedings, for approval of the Lieutenant Governor through the Chief Secretary and the Chief Minister,” rule 42A states. These appointments were previously decided by the J&K government.

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The J&K LG will now also have a say on the grant or refusal of prosecution sanction, the amendments said. “Any proposal regarding grant or refusal of prosecution sanction or filing of an appeal shall be placed before the Lieutenant Governor through the Chief Secretary by the Department of Law, Justice and Parliamentary Affairs,” the inserted rule 42B said. This was earlier decided by the cabinet or CM

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