The Jammu and Kashmir Reorganisation Bill, 2019, heavenlypassed by Parliament, paves the fashion for formation of the Union Territory of J&Good enough. This will be half of two more than a few Union Territories — National Capital Territory of Delhi and Puducherry — which, thru Article 239 A of the Structure, have a Legislative Assembly to pause authorized guidelines on constructive topics and a Council of Ministers headed by a Chief Minister to support and order the Lieutenant-Governor on topics linked to such regulations. For topics exterior the purview of the Assembly, the Lieutenant-Governor would no longer need the support and recommendation of the Chief Minister.
Some key topics the put the model proposed for Jammu & Kashmir is such as that of Delhi, and the put there are variations between the two:
Extent of legislative energy
Portion 13 of the Bill states that the provisions contained in Article 239 A of the Structure that are acceptable to Union Territory of Puducherry shall moreover note to the Union Territory of Jammu and Kashmir. The UT Assembly has the energy to pause authorized guidelines on matters below the Remark Checklist and the Concurrent Checklist, barring topics that are completely below the ambit of the Union Authorities.
The Seventh Agenda has 61 topics in the Remark Checklist — law & uncover, health, land, native authorities and so on — and 52 in the Concurrent Checklist akin to forests, wildlife protection, social security, employment, and so on.
In the J&Good enough Bill, Portion 32 proposes that the Assembly can create authorized guidelines on any topics in the Remark and Concurrent lists excluding on bid topics pertaining to to “public uncover” and “police”. Attributable to this truth, all authorized guidelines on these two topics will be without prolong below the Centre. Right here is the case in Delhi, too.
In Delhi, by insertion of Article 239AA and by virtue of the Sixty-ninth Constitutional Amendment passed by Parliament, the Assembly can no longer legislate on matters in entry 18 of the Remark Checklist, which is land. In J&Good enough, the Assembly can pause so.
Hold watch over of the ACB, which has the energy to register FIRs on corruption circumstances and create arrests, was a contentious enviornment between Delhi’s AAP authorities and the Centre. In February this year, a two-have shut Supreme Court docket Bench held that the ACB will be below adjust of the L-G and the Delhi authorities has no police powers.
For the proposed UT of Jammu & Kashmir, the Bill is terribly sure. Portion 53(2)(iii) states that the Lieutenant Governor shall, in the exercise of his capabilities, act in his discretion, in matters linked to “All India Products and companies and Anti-Corruption Bureau”. Attributable to this truth, all appointments and diverse administrative matters linked to the ACB will be without prolong below the Lieutenant-Governor.
Products and companies
In Delhi, one more bone of contention has been products and companies. A Bench of Justices A Good enough Sikri and Ashok Bhushan differed on the topic of transfer of officers posted in Delhi, and referred the topic to a 3-have shut Bench.
For J&Good enough, Fraction XIII and Portion 88(4) of the Bill create it sure that the Lieutenant-Governor will have discretionary powers pertaining to to composition, energy and allocation of officers of the Indian Administrative Provider, Indian Police Provider and Indian Wooded space Provider
Portion 92 deals with provisions pertaining to to “more than a few products and companies”. It states: “Each one who, without prolong sooner than the appointed day, is maintaining or discharging the duties of any put up or administrative heart in connection with the affairs of the present Remark of Jammu and Kashmir in any put which on that day falls within one amongst the successor Union Territory, shall proceed to secure care of the identical put up or administrative heart in that successor Union Territory, and will be deemed, on and from that day, to had been duly appointed to the put up or administrative heart by the Authorities of, or more than a few acceptable authority in, that successor Union Territory.” It provides: “Provided that nothing in this fragment will be deemed to prevent a official authority, on and from the appointed day, from passing relating to such particular person any uncover affecting the continuance in such put up or administrative heart.”
The “competent authority” mentioned, therefore, can alter the posting of an officer at the moment employed with the Jammu & Kashmir authorities. Nonetheless, as in Delhi, it’s unclear whether the transfer of officers will be below the phenomenal domain of the Lieutenant-Governor.
Portion 55 of the J&Good enough Bill states that the Lieutenant-Governor shall create rules on the recommendation of the Council of Ministers for the allocation of industry to the ministers, for the extra helpful transaction of industry with the ministers alongside with the draw to be adopted in case of a distinction of notion between the Lieutenant Governor and the Council of Ministers or a minister. The an analogous rule applies to NCT of Delhi.
Portion 36(3) states that if a Bill which, if enacted and introduced into operation, would involve “expenditure from the Consolidated Fund of Union Territory”, it shall no longer be passed by the Legislative Assembly of the Union Territory “unless the Lieutenant Governor has instantaneous to the Assembly, the glory of the Bill”. The an analogous rule applies to NCT of Delhi.
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