Srinagar, Aug 28: The Central Government will have the final say on the matters over which differences arise between Lieutenant Governor and Council of Ministers in Union Territory of Jammu and Kashmir.
The rules notified by the Centre reveal that all contentious matters between J&K LG and Council of Ministers should be decided by the President of India whose decision will be the final.
“In case of difference of opinion between the Lieutenant Governor and the Council with regard to any matter, the Lieutenant Governor shall refer it to the Central Government for the decision of the President and shall act according to the decision of the President,” reads “The Transaction of Business of the Government of Union Territory of Jammu and Kashmir Rules.”
The Rules were notified nearly 10 months after re-organisation of erstwhile State of Jammu & Kashmir into two Union Territories by the Parliament.
Under the Rules, the LG can suspend decisions taken by the council of ministers pending President of India’s decision on them.
“Where a case is referred to the Central Government in pursuance of rule 47, it shall be for the Lieutenant Governor to direct that action shall be suspended pending the decision of the President on such case or in any case where the matter, in his opinion, is such that it is necessary that immediate action should be taken to give such direction or take such action in the matter as he deems necessary,” the Rules state.
Under the Rules, LG has been empowered to refer any matter to council of ministers over which difference of opinion persists between him/ her and a minister of the UT.
“Should the difference of opinion persist, the Lieutenant Governor may direct that the matter be referred to the Council, which shall consider the matter in its next scheduled meeting and shall convey its decision but not later than 15 days from the date of such reference,” the Business Rules reveal.
According to the rules, the decision of the Lieutenant Governor shall be deemed to have been accepted by the Council of Ministers in case no such decision is received within 15 days from the date of such reference.