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Administrative Role of J&K L-G Widened
Context:
Union Ministry of Home Affairs (MHA) on Friday widened the ambit of the administrative role of the Lieutenant Governor of Jammu and Kashmir by amending the Transaction of Business Rules.
About the Amendment:
- MHA notified the amended Rules under Section 55 of the Jammu and Kashmir Reorganisation Act, 2019, which inserted new Sections defining the role of the L-G.
- Any proposal related to ‘Police’, ‘Public Order’, ‘All India Service’, and ‘Anti Corruption Bureau’ requiring the Finance Department’s concurrence must be presented to the Lieutenant Governor through the Chief Secretary before concurrence or rejection.
- Any proposal regarding the appointment of Advocate-General and Law Officers and proposals regarding the grant or refusal of prosecution sanction or the filing of appeal shall be placed before the L-G first.
- All matters connected with Prisons, the Directorate of Prosecution and the Forensic Science Laboratory are also to be submitted to the L-G.
Constitutional Provision regarding Lieutenant Governor(A239 TO 241):
Appointment:
Article 239 states:
- Every union territory is administered by the President acting through an administrator appointed by him.
- An administrator of a union territory is an agent of the President, not the head of state like a governor.
- The President can specify the designation of an administrator; it may be Lieutenant Governor or Chief Commissioner or Administrator.
- At present, it is Lieutenant Governor in Delhi, Puducherry, Andaman and Nicobar Islands, Jammu and Kashmir, and Ladakh and Administrator in Chandigarh, Dadra and Nagar Haveli and Daman and Diu, and Lakshadweep.
- The President can also appoint the governor of a state as the administrator of an adjoining union territory.
- In that capacity, the governor is to act independently of his council of ministers
Powers of Lieutenant Governor:
- The LG, like the Governor, acts as titular head of the Union Territory.
- But, the powers of an LG are wider than that of a Governor.
- This is because a Governor of a state has to act solely on the aid and advice of the Council of Ministers while Lt. Governors can act independently in matters falling under his domain.
- Similar to the Governor it has the power to promulgate ordinance in case the legislature is not in session.
Special Powers of Lieutenant Governor of Delhi (Article 239AA):
- In the case of Delhi, since portfolios like land, police and public order fall under the domain of the Centre, of which the Lt. Governor is a representative, he holds more powers than a Governor.
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Court judgements
Puducherry: Madras High Court in K.Lakshminarayanan vs The Union Of India Represented (2019) said:
Delhi: SC in Govt. Of Nct Of Delhi vs Union Of India on 11 May(2023) said:-
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