presidential-rule-to-be-revoked-from-j-k-after-6-years

With Omar Abdullah set to become the next chief minister of J&K, the union government is supposed to revoke presidential rule in Jammu and Kashmir before the new government takes oath, sources said.

 

Officials familiar with the matter told reporters that President Droupadi Murmu would revoke the proclamation issued on October 31, 2019, to impose Central Rule in Jammu & Kashmir under Section 73 of the Jammu & Kashmir Reorganisation Act 2019.

 

“The proclamation of the President’s Rule needs to be revoked before the newly elected government takes oath,” they said.

 

Additionally, the proclamation needs to end as it had suspended all the provisions of the Reorganisation Act dealing with the J&K assembly and the elected government, they added.

 

Although revoking the presidential rule from J&K also requires concurrence from the Union Cabinet.

 

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

 

“Since the Legislative Assembly in the new UT of Jammu and Kashmir is not in existence, to avoid any constitutional vacuum, based on the report of the Governor of the erstwhile State of Jammu and Kashmir, a presidential order was issued on 31st October 2019 under Section 73 of the Jammu and Kashmir Reorganisation Act, 2019 imposing President’s Rule in the Union territory of Jammu and Kashmir,” the Union Government had said on November 20, 2019, when the cabinet approved the presidential order, ex post facto.

 

Before imposing the central rule under Section 73 of the J&K Reorganisation Act, 2019, the President of India revoked the proclamation issued by him/her under Article 356 of the Constitution of India. Article 356 does not apply to Union Territories.

 

The events followed the collapse of the BJP-PDP-led coalition in 2018 following the withdrawal of support by the BJP in June 2018, subsequently, J&K came under central rule.

 

The president’s rule was extended to the state following the completion of the governor’s rule implemented under Section 92 of the Indian Constitution.