Bills passed by JK Assembly to get LG’s nod post screening

Assembly not empowered to pass laws related to police, law and order

Nasir Azam

Srinagar, Aug 29: All bills passed by the Legislative Assembly of Jammu & Kashmir would be examined in the department concerned and the department of Law, Justice and Parliamentary Affairs to assess whether Lieutenant Governor should give his nod to the proposal.

The Transaction of Business of the Government of Union territory of Jammu and Kashmir Rules, 2019 notified by the Government of India on Thursday state that “when a Bill has been passed by the Legislative Assembly it shall be examined in the Department concerned and the Department of Law, Justice and Parliamentary Affairs and shall be presented to the Lieutenant Governor with a report of the Secretary of the Department concerned as to the reason, if any, why the Lieutenant Governor's assent should not be given.”

The bill shall also be presented to LG with a report of Law Secretary as to the reasons, if any, why the Lieutenant Governor's assent should not be given or the Bill should not be reserved for consideration of the President.

Under the Jammu & Kashmir Re-Organisation Act, J&K UT will have 90 -member elected Assembly which will have powers to pass laws on limited matters like Delhi Union Territory and Puducherry UT.

The Assembly will have no powers to pass laws on subjects like police, law and order which would be exclusive domain of the LG.

Under the rules, Secretary to the Lieutenant Governor in consultation with Secretary to the administrative Department concerned and the Law Secretary shall take necessary action in case the Lieutenant Governor directs that the Bill should be reserved for the consideration of the President or returned to the Legislative Assembly, together with a message for reconsideration.

“After obtaining the assent of the Lieutenant Governor or the President, as the case may be, the Department of Law, Justice and Parliamentary Affairs shall take shall take steps for publication of the Bill in the Official Gazette as an Act of the Legislative Assembly,” reads the Rules—(KNO)