J&K govt responds after L-G finds business rules contrary to Reorganisation Act-2019

Srinagar: A day after Lieutenant Governor Manoj Sinha returned the file on the proposed Transaction of Business Rules (TBR) to the office of Chief Minister Omar Abdullah, the Jammu and Kashmir government on Monday expressed optimism that clarity would emerge soon and consensus would be achieved on the contentious issue.

The file, initially submitted in early March, was reportedly sent back by the L-G’s office with objections over procedural lapses and alleged contradictions with the Jammu and Kashmir Reorganisation Act, 2019. The LG asked the government to clarify whether due procedure was followed while framing the rules and to reconcile certain provisions with the Act.

The TBR, drafted by a high-level committee headed by former Supreme Court judge and senior lawyer Rohinton Nariman, are aimed at laying down clear guidelines for the functioning of the civil secretariat and other government departments in the Union Territory.

According to reports, the rules framed by the elected government had given itself the authority to transfer IAS, IPS officers, whose transfer is the authority of the L-G, as per Section 55 of the Reorganisation Act.

However, the L-G’s office flagged sections of the draft that seek to vest the power of transfers and postings — including of IAS officers — in the Jammu and Kashmir Cabinet, a move that runs contrary to Section 53 of the Reorganisation Act.

Responding to the controversy, National Conference legislator and chief spokesperson Tanvir Sadiq said the government had promptly addressed the L-G’s concerns. “The LG has not rejected the Business Rules, but has raised some queries which are being addressed. The Cabinet, under the leadership of Omar Abdullah, met today and responded to the queries,” Sadiq said.

He said that the file, along with the government’s replies and clarifications, would be sent back to the Raj Bhavan by Monday evening. “This is a work in progress. Very soon there will be clarity about the matter,” Sadiq added.

Political observers view the episode as the latest flashpoint in the ongoing tension between the elected government and the L-G’s office over administrative authority in Jammu and Kashmir post the 2019 reorganisation.

While the Abdullah-led government has pushed for restoring decision-making powers to the elected cabinet, the LG’s office has remained firm on adhering to the constitutional framework defined by the Reorganisation Act.