Srinagar, May 5 The ruling National Conference (NC) spokesperson, Tanvir Sadiq, said on Monday that the Lt Governor has not rejected the transaction of business rules (TBR) file sent to him, but raised some queries, which are being responded to by the Jammu and Kashmir cabinet.
The NC spokesperson refuted media reports that said Lt Governor Manoj Sinha has rejected the TBR recommendations sent for his approval by the elected government.
“The L-G did not reject the recommendations, but raised some queries from Raj Bhavan. This morning, the Cabinet under Chief Minister Omar Abdullah prepared responses to those queries. The file will be sent back to the L-G's office today. It appears to be a work in progress, and an appropriate response has been prepared,” Tanvir Sadiq said.
Raj Bhawan sources had 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.
Same sources said that the L-G had not rejected the TBR file, but returned it with the observation that the recommendations were in contravention of an Act passed by the Parliament.
What needs to be watched now is whether the Jammu and Kashmir cabinet, in its meeting later in the day, sticks to its earlier recommendations or decides to reframe the TBR recommendations.
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