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SRINAGAR: The Central Ministry of Home Affairs (MHA) today implemented substantial revisions in the Operational Guidelines of Jammu and Kashmir Union Territory. Under these revisions, all recommendations related to the reassignment of Administrative Heads and Indian Administrative Services (IAS) officers will be presented to the Lieutenant Governor by the Chief Secretary.
The changes in the Operational Guidelines of Jammu and Kashmir, 2019, were enacted by the MHA today and surfaced amid reports that Legislative Assembly elections might be conducted in the Union Territory in September.
According to the revisions, all recommendations concerning the reassignment of Administrative Heads and Indian Administrative Services officers will be submitted to the Lieutenant Governor by the Administrative Head of the General Administration Department through the Chief Secretary.
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“Additionally, concerning matters related to the posting and reassignment of Administrative Heads and cadre positions of Indian Administrative Services officers, proposals shall be presented to the Lieutenant Governor by the Administrative Head of the General Administration Department through the Chief Secretary,” read the announcement released by the MHA.
It stated that no proposals on law enforcement, public order, Indian Administrative Services, and Anti-Corruption Bureau (ACB) shall be approved or rejected unless placed before the Lieutenant Governor.
According to the revisions, nearly all crucial recommendations would now be routed to the Lieutenant Governor via the Chief Secretary.
Currently, the Lieutenant Governor holds authority in the absence of the Legislative Assembly in Jammu and Kashmir, but the revisions will gain immense importance once an elected Government led by the Chief Minister is in place in the Union Territory.
Proposals for the appointment of the Advocate General and Legal Officers will be submitted to the Lieutenant Governor through the Chief Secretary and the Chief Minister.
“The Department of Legal Affairs, Justice, and Parliamentary Matters shall present the proposal for the appointment of the Advocate General and other Legal Officers to assist the Advocate General in court proceedings, for the approval of the Lieutenant Governor through the Chief Secretary and the Chief Minister,” the revisions stated.
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In the recent amendments, the Chief Secretary has also acquired significant authority.
The MHA further stated that recommendations requiring prior agreement from the Finance Department on matters over which the Lieutenant Governor holds discretionary powers shall not be approved or rejected unless presented to the Lieutenant Governor through the Chief Secretary.
“No recommendation which requires prior agreement from the Finance Department regarding ‘Law Enforcement,’ ‘Public Order,’ ‘Indian Administrative Services,’ and ‘Anti-Corruption Bureau’ to exercise the discretion of the Lieutenant Governor under the Act shall be approved or rejected unless presented to the Lieutenant Governor through the Chief Secretary,” the revisions stated.
“Any proposal concerning the grant or denial of prosecution sanction or the filing of an appeal shall be presented to the Lieutenant Governor through the Chief Secretary by the Department of Legal Affairs, Justice, and Parliamentary Matters,” read the MHA’s announcement.
It further stated that recommendations concerning the Prisons, Directorate of Prosecution, and Forensic Science Laboratory shall be presented to the Lieutenant Governor by the Administrative Head of the Home Department through the Chief Secretary.
