How Business Rules in Puducherry model define power structure?

Jammu, Nov 28: Existing Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019 in place from 2020, are almost a replica of “The Rules of Business of the Government of Pondicherry (Puducherry), 1963.

Reason obviously needs no explanation.

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.

If Business Rules already exist, then why is the newly elected government engaged in an exercise to frame “new Business Rules?”

The question is valid yet the answer is not one-dimensional.

The contention of the government is that ambiguity persists vis-a-vis the powers of the Chief Minister, cabinet, ministers and bureaucratic hierarchy in the existing Business Rules (Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019).

In fact, in certain cases, the existing rules either are ambiguous (as to what extent the elected government set-up can exercise its power so as not to overlap with the powers of the Lieutenant Governor) or the rules are simply not framed. Even in the case of the J&K Legislative Assembly, the (Business) rules (as per UT status) are to be framed.

As a senior National Conference, while speaking to Greater Kashmir, had pointed out, “As far as Governor Rule was concerned, the existing (Business) Rules were working but the transition from the Governor Rule to an elected government brings to the fore ambiguities. While the powers of the Lieutenant Governor are clearly defined, the problem erupts where there is overlapping of powers of new government and bureaucratic set-up, related to transfers, recruitment rules, creation of posts and green-light to various projects.”

An interesting proposition is existing “Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules, 2019” in place since 2020, have been borrowed from the Business Rules of Puducherry Government and new rules (where they have not been framed or where some kind of ambiguity persists) too will be based on same rules (Business Rules of Puducherry Government).

“So the present exercise is not just aimed at framing rules in light of the Puducherry model but it is also directed at reviewing the ambiguous dual power structure,” he explained.

As far as the Puducherry model is concerned,  “Departmental disposal of business A-General” under Chapter III of Business Rules pertaining to the Finance Department, provides, “The Finance Department shall be consulted in all cases in which its previous concurrence is necessary under these Rules.”

“When the Finance Department is consulted under these Rules, the views of that Department shall be brought on to the permanent record of the Department to which the case belongs and shall form part of the case,” it further adds.

These rules form part of (existing) J&K Business Rules as well (Rule 25 and 26) with an addition.

Rule 27 of J&K Business Rules states, “Subject to the provisions of sub-rule (1) of Rule 5, the Finance department may make rules to regulate the financial procedure.”

While Puducherry model under Rule 30(1) further adds, “The Finance Minister may call for any papers from any Department in which financial consideration is involved and the Department, to whom the request is addressed, shall supply the papers.”

This does not form part of J&K Business Rules.

Its (Puducherry’s) Rule 30(2) provides, “On receipt of papers called for under sub-rule (1), the Finance Minister may request that the papers with his notes on them shall be submitted to the Council.”

Rule 30 (3) states, “Subject to the provisions of sub-rule (1) of rule 7, the Finance Department may make rules to govern financial procedure in general in all departments and to regulate the business of the Finance Department and the dealings of other departments with the Finance Department.”