How Business Rules in Puducherry define power structure?

Jammu, Nov 27: The Puducherry model will be the cornerstone of Business Rules, being studied and finalised, to facilitate the newly elected J&K government to smoothly run administration.

Rules are necessary to navigate those grey areas where a ‘dual power structure’ may create any ambiguity in the administrative set-up.

The Ministry of Home Affairs (MHA) through its notification issued on July 12 this year with regard to “Transaction of Business of the Government of Union Territory of Jammu and Kashmir (Second Amendment) Rules, 2024” had almost specified the powers of the Lieutenant Governor. ‘Division of power’ has also been tackled in “The J&K Reorganisation Act, 2019” to a great extent.

However, ever since the new government has taken over the reins, it has been finding it difficult to make decisions or implement them due to a lack of clarity on account of formal business rules defining powers of the Chief Minister, his cabinet, minister and bureaucratic hierarchy.

In the case of the Chief Minister, the problem particularly persists in the case of Departments of General Administration; Finance and Law, Justice and Parliamentary Affairs, which officially speaking are being helmed by him.

Hence the process to frame new Business rules, compatible with J&K’s UT status (till it does not attain statehood) has been taken up. Notably in August 2019, when the erstwhile state of J&K was bifurcated into two Union Territories, J&K UT (with legislature) was modelled after Puducherry while Ladakh (without legislature) was modelled after Chandigarh, under the J&K Reorganisation Act, 2019.

Hence, new Business Rules for J&K are being framed taking a cue from those (Business Rules) of Puducherry Government.

Though final (Business) rules for J&K UT may still take some light, a cursory look at “Departmental disposal of business A-General” under Chapter III of Business Rules of Puducherry Government certainly makes an interesting reading.

As per Rule 25, the classes of cases to be submitted to the Administrator (Lieutenant Governor) through the Chief Minister before the issue of orders include cases raising questions of policy; cases which affect or are likely to affect the peace and tranquillity of the Union Territory and cases which affect or are likely to affect the interest of any minority community, Scheduled Castes and Backward Classes.

Besides these also include cases which affect the relations of the Government of the Union Territory of any state government, the Supreme Court; constitution of Advisory Boards under section 9 of the Maintenance of Internal Security Act, 1971 (26 to 1971); cases required to be referred to the Central Government under the Act or under Chapter V; cases pertaining to the Administrator’s Secretariat and personal establishment and other matters relating to his office; financial proposals involving new taxation; all proposed resolutions on Administration Reports.

Cases relating to the issue of rules under an Act in force in the Union Territory; petitions for mercy from persons under sentence of death and other important cases in which it is proposed to recommend any revision of a judicial sentence and any departure from these rules which comes to the notice of the Chief Secretary or the Secretary of any Department; matters relating to Plan evaluation also fall in the same category.

Under Rule 27 of Chapter III, the Chief Minister “shall cause to be furnished to the Administrator such information relating to the Administrator of the Union Territory and proposals for legislation as the Administrator may call for; and if the Administrator so requires, submit for the consideration of the Council any matter on which a decision has been taken by a Minister but which has not been considered by the Council.”

Earlier, as per amended rules vide MHA notification of July 2024, no proposal, which requires the previous concurrence of the Finance Department with regard to ‘Police’, ‘Public Order’, ‘All India Service’ and ‘Anti-Corruption Bureau’ to exercise the discretion of the Lieutenant Governor under the Act, will be concurred or rejected unless it has been placed before the Lieutenant Governor through the Chief Secretary.

It simply means that the Lieutenant Governor will have the power to transfer IAS and IPS officers and will have direct control over the Police, 'Public Order’ and ‘Anti-Corruption Bureau.’

Besides, the Department of Law, Justice and Parliamentary Affairs will submit the proposal for the appointment of the Advocate General and other Law Officers to assist the Advocate General in the court proceedings, for approval of the Lieutenant Governor through the Chief Secretary and the Chief Minister.

Any proposal regarding the grant or refusal of prosecution sanction or filing of an appeal will be placed before the Lieutenant Governor through the Chief Secretary by the Department of Law, Justice and Parliamentary Affairs.

In respect of matters connected with Prisons, Directorate of Prosecution and Forensic Science Laboratory, the matters will be submitted to the Lieutenant Governor by the Administrative Secretary, Home Department through the Chief Secretary.

In respect of matters connected with the posting and transfer of Administrative Secretaries and cadre posts of All India Services officers, proposals will be submitted to the Lieutenant Governor by the Administrative Secretary, General Administration Department through the Chief Secretary.