President’s Rule Revoked in J-K, National Conference-Congress Set to Form New Government

Srinagar, Oct 14 (KNS): President’s rule was withdrawn in Jammu and Kashmir on Sunday, clearing the way for the formation of a new government in the union territory.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 stated.

The National Conference-Congress alliance, which won the recent Jammu and Kashmir Assembly elections, is set to form the new government, with NC vice president Omar Abdullah expected to become the next chief minister. He has been elected as the leader of the alliance.

Central rule had been in place in Jammu and Kashmir since October 31, 2019, after the former state was divided into two union territories—Jammu and Kashmir, and Ladakh—following the passage of the Jammu and Kashmir Reorganisation Act, 2019. Article 370, which provided special status to the erstwhile state, was abrogated on August 5, 2019.

Before October 31, 2019, central rule was imposed in Jammu and Kashmir in June 2017 when then-chief minister Mehbooba Mufti resigned after the BJP withdrew its support for the PDP-led government. Initially, Governor’s rule was imposed for six months, followed by President’s rule, which was extended multiple times with parliamentary approval.

While Article 356 of the Constitution, which allows President’s rule, does not apply to union territories, central rule continued in Jammu and Kashmir through the lieutenant governor (LG) after it became a union territory. Section 73 of the Jammu and Kashmir Reorganisation Act, 2019 governs the administration of Jammu and Kashmir in case of a failure of constitutional machinery.

Section 73 specifies that if the President receives a report from the LG indicating that the administration of Jammu and Kashmir cannot continue as per the Act, or if necessary for proper administration, the President may suspend provisions of the Act and make necessary arrangements for governance.

Articles 239 and 239A of the Constitution deal with the administration of union territories and the creation of local legislatures or councils of ministers, while Section 54 of the Jammu and Kashmir Reorganisation Act, 2019 outlines the appointment and responsibilities of the chief minister and ministers.