The Jammu and Kashmir Cabinet, chaired by Chief Minister Omar Abdullah, on Monday addressed queries raised by Lt Governor Manoj Sinha on the proposed Transaction of Business Rules (TBR).
“Some queries were raised by Raj Bhawan. Omar Abdullah Cabinet met today morning and the response has been prepared,” said Tanvir Sadiq, the chief spokesman of the National Conference.
Sadiq was responding to queries over the reports that LG Sinha had returned the TBR file—sent by the government in March—seeking clarity on whether due procedure was followed in framing the rules.
It was also reported that the file was returned as TBR were found by the LG’s office to be contrary to provisions of the J&K Reorganisation Act.
The NC legislator, however, asserted that the TBR file has not been rejected and would be sent back to the Lieutenant Governor’s office today.
“This is a work in progress and we expect clarity soon,” Sadiq said.
The TBR rules define the powers of the Lieutenant Governor and the elected government in the Union Territory.
Raj Bhawan sources said earlier that the TBR file was sent back to the government by the Lt Governor as the recommendations made were in contravention of the J&K Reorganisation Act 2019.
“The word of the Parliament cannot be overruled by an elected UT government or by a state government. The TBR recommendations are intended to bring some administrative duties exclusively assigned to the Lt Governor by the Reorganisation Act, under the powers of the UT government. These recommendations include the transfer and posting of deputy commissioners and executive magistrates as also those of the IAS/IPS officers, to be brought under the powers of the UT government. The matters of law & order, central services like the IAS/IPS are included in the powers of the Lt Governor. Assigning these powers to the UT government amounts to a grant of statehood without the same being granted by the constitutional authority, i.e, the Parliament either by the repeal of the Reorganisation Act or by an amendment to the Act,” sources at the Raj Bhawan maintained.
Sources said that the LG Manoj Sinha had returned the file with the observation that the recommendations were in contravention of an Act passed by the Parliament.