Janjivan Bureau / New Delhi: Six years after the abrogation of Article 370, the President’s rule was withdrawn in Jammu and Kashmir on Sunday, paving the way for the formation of a new government in the union territory after the recent elections in which Abdullahs-led National Conference came out as the single largest party.
A gazette notification to this effect signed by President Droupadi Murmu read: “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 National Conference-Congress alliance won the recent Jammu and Kashmir Assembly elections and is set to form the government. NC vice president Omar Abdullah will be the next chief minister of Jammu and Kashmir. He has been elected as the leader of the alliance.
Central rule was imposed in the union territory of Jammu and Kashmir on October 31, 2019, following the formal division of the erstwhile state of Jammu and Kashmir into two union territories — Jammu and Kashmir, and Ladakh. The Jammu and Kashmir Reorganisation Act, 2019 was passed by the Parliament on August 5, 2019. Article 370 of the Constitution, which accorded a special status to the erstwhile state, was also abrogated on that day.
Prior to October 31, 2019, the central rule was continuing in the erstwhile state from June 2017 after the resignation of the then chief minister Mehbooba Mufti when the BJP withdrew support to the PDP-led government.
Central rule was first imposed in the erstwhile state as Governor’s rule for six months. Later, President’s rule was imposed for the next six months which was subsequently extended several times with the approval of Parliament. Article 356 of the Constitution, under which the President’s rule is imposed in a state, is not applicable in union territories.
On October 31, 2019, when Jammu and Kashmir turned into a union territory, the President’s rule imposed in the undivided Jammu and Kashmir was withdrawn.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.
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.”
Articles 239 and 239A of the Constitution of India are related to the administration of union territories and the creation of local legislatures or councils of ministers for some of them. Section 54 of the Jammu and Kashmir Reorganisation Act, 2019 covers the appointment and responsibilities of the chief minister and ministers.
