Srinagar: J&K Lieutenant Governor Manoj Sinha has returned the file relating to the proposed J&K Transaction of Business Rules (TBR), sent by the Omar Abdullah government in early March for his approval, asking the latter to clarify whether the necessary procedures were followed while framing the rules.
Sources said the file was sent back a couple of days ago, almost two months after it was first submitted for the LG’s approval following clearance by the J&K Cabinet.
The TBR, which seek to offer clarity on how the secretariat and other government offices in J&K shall function, were drafted by a high-level committee comprising senior lawyer Rohinton Nariman.
An official said the file was returned as the TBR were found by the LG’s office to be contrary to provisions of the J&K Reorganisation Act.
The TBR propose that all postings and transfers, including those of IAS officers, must be approved by the J&K Cabinet. However, Section 53 of the J&K Reorganisation Act clearly states that the LG shall, in the exercise of his functions, act in his discretion in matters related to All India Services and the Anti-Corruption Bureau, besides matters that fall outside the powers of the legislative assembly or relate to the exercise of any judicial functions.
The TBR seem to claim powers associated with statehood even without statehood. “Provisions of the J&K Reorganisation Act have been misinterpreted… no rules can go beyond the written word in an Act of Parliament,” said an officer.
The Abdullah government has been complaining about the posting of IAS officers at the helm of many government departments in J&K, which earlier were occupied or earmarked for Jammu & Kashmir Administrative Service (JKAS) officers. Only on April 29, the Abdullah government issued transfer orders of 96 JKAS officers.
Earlier, Jammu and Kashmir Chief Minister Omar Abdullah on (March 6, 2025) had said that the government framed the Business Rules for the Union Territory (UT) administration and forwarded it to J&K Lieutenant Governor Manoj Sinha for the Centre’s final approval.
“We were required to frame the Business Rules. They have been framed and approved by the Cabinet around 8 p.m. on Wednesday. It has been sent to the LG. We expect it to be approved; till then, this system we consider temporary is there,” Mr. Abdullah had told the J&K Assembly.
It took the Omar Abdullah government more than four months to frame the Business Rules, necessitated under the J&K Reorganisation Act. J&K was reduced to a UT in 2019 after the Centre abrogated provisions of Article 370. The UT witnessed its first Assembly elections in 2024, and Mr. Abdullah was sworn in as a Chief Minister on October 16, 2024. (KDC)
