President amends Business Rules to ensure smooth functioning of UTs of J&K, Ladakh

Deptt of J&K Affairs rechristened, gets more responsibilities
Step to help in prompt decisions on important matters
Mohinder Verma
JAMMU, Nov 2: President of India Ram Nath Kovind has amended Government of India (Allocation of Business) Rules in order to ensure smooth functioning of the newly created Union Territory of Jammu and Kashmir and Union Territory of Ladakh and resolution of important matters in a time bound manner. Moreover, the name of Department of Jammu and Kashmir Affairs under the Union Ministry of Home Affairs has been rechristened as Department of Jammu, Kashmir and Ladakh Affairs.
Under Government of India (Allocation of Business) Rules, 1961, the subjects, roles and responsibilities of the departments under the Union Ministries have been clearly defined so as to ensure their smooth functioning and better coordination.
As per these Rules, Department of Jammu and Kashmir Affairs under the Ministry of Home Affairs was exclusively dealing with several important aspects relating to this part of the country.
However, following bifurcation of State of Jammu and Kashmir into two Union Territories as per the provisions of Reorganization Act with effect from October 31, 2019, these Rules have been amended only in respect of Department of Jammu and Kashmir Affairs by the President of India in exercise of the powers conferred by Clause 3 of Article 77 of the Constitution of India in order to ensure smooth functioning of these UTs.
As per the Government of India (Allocation of Business) Amendment Rules, 2019, the Department of Jammu and Kashmir Affairs has been rechristened as Department of Jammu, Kashmir and Ladakh Affairs. Moreover, additional responsibilities have been assigned to this department to ensure smooth functioning of the Union Territory of Jammu and Kashmir and Union Territory of Ladakh by way of proper coordination with the respective administration and resolution of important matters in consultation with the concerned Central Ministries.
Earlier, this department of the Ministry of Home Affairs was dealing with Constitutional provisions with respect to the State of Jammu and Kashmir and all matters including counter terrorism within Jammu and Kashmir and coordination in respect of subjects/matters specifically allotted to any other Ministry/Department like coordination with Ministry of Defence as regards manning and managing the Line of Control between India and Pakistan but excluding those with which the Ministry of External Affairs is concerned. Moreover, administration of the Armed Forces (J&K) Special Powers Act was the domain of this department.
Now, the Department of Jammu, Kashmir and Ladakh Affairs will deal with all matters falling within the purview of the Union Government in terms of provisions contained in Part VIII of the Constitution, in so far as these are applicable to the Union Territory of Jammu and Kashmir or Union Territory of Ladakh and all matters falling within the purview of the Union Government in terms of the provisions of the Jammu and Kashmir Reorganisation Act, 2019 relating to both the Union Territories.
Moreover, the Department of Jammu, Kashmir and Ladakh Affairs will deal with the delegation of powers of State Government and Central Government under various enactments to the Administrator or the Lieutenant Governor of the Union Territory of Jammu and Kashmir or the Union Territory of Ladakh under Article 239 of the Constitution of India.
Even separate J&K Union Territory and Ladakh Union Territory specific responsibilities have been assigned to this department of the MHA
“The Department of Jammu, Kashmir and Ladakh Affairs will make Regulations under Article 240 of the Constitution for peace, progress and good Government of the Union Territory of Ladakh”, read notification issued by Union Cabinet Secretariat, adding “the department will also deal with all matters enumerated in the State List and Concurrent List in so far as any such matter concerns the Union Territory, except all such matters as have, under these Rules, been specifically assigned to any other Ministry or Department of the Government of India”.
“Even general questions relating to public services in the Union Territory of Ladakh and service matters in so far as these fall within the purview of the State Government will be dealt by this department”, the notification said.
About J&K UT specific provisions, the notification said, “the department will look into general questions relating to public services in the Union Territory and service matters relating to the officers of the Indian Administrative Service and the Indian Police Service serving in connection with the affairs of this Union Territory.”