State Laws to remain applicable

05/09/2019

Rules help govern a law and they are made to make the parent Act work. Moreover, Rules provide for the details that are not provided for in the Act. However, Rules by no means can go beyond the power conferred by the Act or extend the same. Incredible it may sound but it is a fact that majority of the State laws, which will remain in force in the Union Territory of Jammu and Kashmir and Union Territory of Ladakh as per the provisions of Jammu and Kashmir Reorganization Act, 2019, don't have Rules for their effective implementation as the concerned departments never paid serious attention towards this vital exercise.As per the Jammu and Kashmir Reorganization Act, 2019 enacted by the Parliament early last month, a total of 166 State Laws and Governor's Act shall remain in force in Union Territory of Jammu and Kashmir and Union Territory of Ladakh after their formal set-up on November 1, 2019. These State Laws have not been touched by the Union Ministry of Home Affairs keeping in view their importance in both the Union Territories and to address Jammu, Kashmir and Ladakh specific developmental and other issues.
But the shocking aspect is that majority of these State Laws, which were enacted from time to time by the State Legislature, are still lacking Rules although there is an explicit provision for the same in each of these Acts for carrying out the purposes of these State Laws. The relevant Section of each of these Acts read: "The Government, by notification, shall make Rules for carrying out the provisions of the Act and in particular and without prejudice to the generality of forgoing power, such Rules may provide for all or any of the defined matters". The provision for framing Rules has been kept in the State Laws by the Legislature as after all Government has to implement the Legislations. Jammu and Kashmir State Town Planning Act was enacted in the year 1963 to ensure development of the State in a planned manner but till date Rules of this Act have not been framed by the concerned department although its Section 29 confers sufficient powers on the Government in this regard. The procedure to give practical shape to any legislation is only defined in the Rules as such their importance cannot be undermined and had there been no need of framing Rules the provision in this regard would not have been kept in the parent Acts by the State Legislature. By not framing Rules the Government departments have created hurdles in achieving the intent behind these State Laws.

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