‘Balance of powers not altered’
Excelsior Correspondent
JAMMU, July 13: The Government today stated that the notification issued yesterday by the Union Ministry of Home Affairs regarding transaction of business rules is aimed at providing better clarity on the processes so as to enable smooth administration in the Union Territory of Jammu and Kashmir.
The Government reaction came following uproar by some political parties over the issue.
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“The notification issued yesterday by the Union Home Ministry does not in any sense alter the balance of powers as enshrined in the Jammu and Kashmir Reorganization Act, 2019,’’ the sources said, adding that the said Act has been passed by the Parliament in August 2019 and it has been upheld by the Supreme Court of India.
They said yesterday’s notification regarding transaction of business rules is not amendment to the Jammu and Kashmir Reorganization Act, 2019.
“Some media (not Excelsior) has wrongly reported it as amendment to the Act. It is a simple amendment to the transaction rules which are issued to avoid any ambiguity,’’ the sources said.
They asserted that as per Section 32 of the Act, the Legislative Assembly may make laws with respect to any of the matters enumerated in the State List except the “Police” and “Public Order” or the Concurrent List in the Seventh Schedule to the Constitution of India.
Further, they added, as per Section 53 of the Act, the Lieutenant Governor, shall exercise his functions in his discretion in a matter which falls outside the purview of powers conferred on Legislative Assembly, related to All India Services and Anti-Corruption Bureau and any other matter which he is required by or under any law to act in its discretion.
“In view of the aforementioned provisions for powers of Legislative Assembly and functions of the Lieutenant Governor have been clearly defined and delineated in the Act and same has been reflected in transaction of business rules,’’ the sources said.
It is to be noted that President in exercise of powers conferred by 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 27.08.2020, Ministry of Home Affairs) for more convenient transaction of business of the Government.
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