President’s rule was revoked in Jammu and Kashmir on Sunday, clearing the way for the formation of a new government in the union territory under Omar Abdullah’s leadership. A gazette notification issued by the Union Home Ministry confirmed the development.
“In exercise of the powers conferred by Section 73 of the Jammu and Kashmir Reorganizations Act, 2019 (34 of 2019) read with Articles 239 and 239A of the Constitution of India, the order dated the 31st October 2019 in relation to the union territory of Jammu and Kashmir shall stand revoked immediately before the appointment of the chief minister under Section 54 of the Jammu and Kashmir Reorganization Act, 2019,” the notification signed by President Droupadi Murmu said.
President’s rule was imposed in the erstwhile state of Jammu and Kashmir after the PDP-BJP government collapsed on June 19, 2018. In August 2019, the Central government abrogated Article 370 of the Constitution and divided the erstwhile state into two union territories — Jammu and Kashmir and Ladakh.
The National Conference-Congress alliance won the J&K assembly elections and is set to form the government, with NC vice president Omar Abdullah as the next chief minister. Abdullah has been elected as the leader of the alliance.
On October 31, 2019, central rule was imposed in Jammu and Kashmir after the state was formally divided into two union territories: Jammu and Kashmir and Ladakh.
The Jammu and Kashmir Reorganization Act, 2019, was enacted by Parliament on August 5, 2019. On the same day, Article 370 of the Constitution was repealed, which granted the former state special status.
Prior to October 31, 2019, the state was under central authority since June 2017, following the departure of then-chief minister Mehbooba Mufti and the BJP’s withdrawal of support for the PDP-led administration. Central rule was originally enforced in the former state as Governor’s rule for six months.
Later, President’s rule was enforced for the following six months, and it was extended numerous times with Parliament’s permission. Article 356 of the Constitution, which imposes President’s control in a state, does not apply in union territories.
On October 31, 2019, when Jammu and Kashmir became a union territory, the President’s rule over the undivided state was lifted. However, the President then issued a notice indicating that central rule in Jammu and Kashmir will remain indefinitely under the lieutenant governor (LG).
Section 73 of the Jammu and Kashmir Constitution governs the provision in the event of a collapse of constitutional machinery in the union territory with a legislature.
It states, “If the President on receipt of a report from the LG of UT of Jammu and Kashmir is satisfied (a) that a situation has arisen in which the administration of the UT of Jammu and Kashmir cannot be carried on in accordance with the provisions of this Act; or (b) that for the proper administration of UT of Jammu and Kashmir it is necessary or expedient so to do, the President may, by order, suspend the operation of all or any of the provisions of this Act for such period as he thinks fit and make such incidental and consequential provisions as may appear to be necessary or expedient for administering the UT of Jammu and Kashmir in accordance with the provisions of the Act.”
Articles 239 and 239A of the Indian Constitution deal with the administration of union territories, as well as the establishment of local legislatures or councils of ministers in particular cases. Â Section 54 of the Jammu and Kashmir Reorganization Act, 2019, addresses the appointment and responsibilities of the chief minister and ministers.
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Source: BT
