President's Rule Lifted In Jammu & Kashmir As New Govt Prepares To Take Charge

(MENAFN- Live Mint) The president's rule was withdrawn in Jammu and Kashmir on Sunday, paving the way for the formation of a new government in the union territory.

The Union Home Ministry issued a gazette notification to this effect.

“In exercise of the powers conferred by Section 73 of the Jammu and Kashmir Reorganisation 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 Reorganisation Act, 2019,” the notification signed by President Droupadi Murmu said.

The National Conference-Congress alliance won the recent Jammu and Kashmir Assembly elections and will form the government. Omar Abdullah, the vice president of the National Conference, has been chosen as the alliance's leader and will serve as the next chief minister of Jammu and Kashmir.

Central rule was implemented in the union territory of Jammu and Kashmir on October 31, 2019, after the former state was divided into two union territories: Jammu and Kashmir, and Ladakh.

The Jammu and Kashmir Reorganisation Act, 2019, was enacted by Parliament on August 5, 2019, the same day Article 370 of the Constitution, which granted special status to the former state, was revoked.

Before October 31, 2019, central rule had been in place in the former state since June 2017, following the resignation of Chief Minister Mehbooba Mufti after the BJP withdrew its support from the PDP-led government.

Initially, Governor's rule was imposed for six months, followed by President's rule for another six months, which was later extended multiple times with parliamentary approval.

It's important to note that Article 356 of the Constitution, which allows for the President's rule in states, does not apply to union territories.

On October 31, 2019, when Jammu and Kashmir turned into a union territory, President's rule imposed in the undivided Jammu and Kashmir was withdrawn.

However, subsequently, the President issued a notification stating that central rule will continue for an indefinite period through the lieutenant governor (LG) in the union territory of Jammu and Kashmir.

Also Read: Parliament to take final call on J&K statehood, says Ram Madhav as Omar Abdullah set to lead first post-Article 370 govt

The provision in case of failure of constitutional machinery related to the union territory of Jammu and Kashmir, which has a legislature, is governed by Section 73 of the Jammu and Kashmir Reorganisation Act, 2019.

Section 73 of the Act 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.”

Also Read: Omar Abdullah stakes claim to form government in Jammu and Kashmir; urges LG to decide date for oath-taking ceremony

Articles 239 and 239A of the Indian Constitution address the administration of union territories and the establishment of local legislatures or councils of ministers for certain territories. Section 54 of the Jammu and Kashmir Reorganisation Act, 2019, outlines the appointment and duties of the chief minister and ministers.

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