President’s Rule to End in Jammu and Kashmir After Six Years

   

SRINAGAR: The Union Government is required to revoke President’s Rule in Jammu and Kashmir before the Omar Abdullah-led government takes oath.

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Officials familiar with the matter said that President Droupadi Murmu would revoke the proclamation issued on October 31, 2019, which imposed Central Rule in Jammu & Kashmir under Section 73 of the Jammu and Kashmir Reorganisation Act, 2019. “The proclamation of President’s Rule needs to be revoked to pave the way for the elected government to take oath,” they said, adding that this step is necessary because the proclamation suspended all provisions of the Reorganisation Act related to the JK Assembly and the elected government.

They added that revoking President’s Rule in JK also requires the concurrence of the Union Cabinet.

On October 31, 2019, when Jammu and Kashmir was reorganised into two Union Territories, the Union Home Ministry issued a presidential order under Section 73 of the Jammu & Kashmir Reorganisation Act, 2019, imposing President’s Rule in the Union Territory of Jammu & Kashmir.

“Since the Legislative Assembly in the new UT of Jammu & Kashmir was not in existence, and to avoid any constitutional vacuum, a presidential order was issued on 31 October 2019 under Section 73 of the Jammu & Kashmir Reorganisation Act, 2019, based on the report of the Governor of the erstwhile State of Jammu & Kashmir,” the Union Government said on November 20, 2019, when the Cabinet approved the presidential order.

Before the imposition of Central Rule under Section 73 of the JK Reorganisation Act, 2019, the President of India revoked the proclamation issued under Article 356 of the Constitution of India. Article 356 is not applicable to Union Territories.

After the Mehbooba Mufti-led government collapsed following the Bharatiya Janata Party’s withdrawal of support in June 2018, JK came under Central Rule.

The first Central Rule, as ‘Governor’s Rule,’ continued for six months under Section 92 of the constitution of the then State. After six months, President’s Rule was imposed for the next six months, which was subsequently extended with the approval of Parliament.  (KNO)

 

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