Srinagar, July 13: Jammu and Kashmir Reorganization Act has not been changed and only the transaction rules have been modified to avoid any ambiguity or confusion, top sources said.
Sources said the July 13 notification does not in any sense alter the balance of powers as enshrined in the Jammu and Kashmir Reorganization Act, 2019. The Act was passed by the Parliament in August 2019 and it has been upheld by the Supreme Court of India.
As per section 32 of the Act, the Legislative Assembly may make laws concerning 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.
As per section 53 of the Act, the Lieutenant Governor shall exercise his functions at his discretion in a matter that falls outside the purview of powers conferred on the 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.
Sources said the aforementioned provisions for powers of the Legislative Assembly and functions of the Lieutenant Governor have been clearly defined and delineated in the Act and the same has been reflected in the transaction of business rules.
It is to be noted that the President in the 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.
Sources said the current notification is to provide better clarity on the processes to enable smooth administration of J&K.
