The withdrawal of the presidency in J&K paves the way for the formation of a new government

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 leader of the alliance.

On October 31, 2019, central administration was established in the union territory of Jammu and Kashmir, 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 Reorganization Act 2019 was passed by Parliament on August 5, 2019. Article 370 of the constitution, which granted special status to the former state, was also revoked on that day.

Before October 31, 2019, central rule continued in the erstwhile state from June 2017 after the resignation of then Chief Minister Mehbooba Mufti when the BJP withdrew support to the PDP-led government.

Central rule was imposed for the first time in the erstwhile state as a governor’s government for six months. Later, presidential rule was imposed for the next six months, which was then extended several times with the approval of parliament.

Article 356 of the Constitution, which imposes presidential rule in a state, does not apply in union territories.

On October 31, 2019, when Jammu and Kashmir became a union territory, the presidential rule imposed in undivided Jammu and Kashmir was revoked.

However, the President subsequently issued a notification stating that central administration will continue indefinitely through the Lieutenant Governor (LG) in the union territory of Jammu and Kashmir.

The provision in case of failure of the constitutional machinery in respect of the union territory of Jammu and Kashmir, which has a legislature, is governed by Article 73 of the Jammu and Kashmir Reorganization Act, 2019.

Section 73 of the Act states: “If, on receipt of a report from the LG of the UT of Jammu and Kashmir, the President is satisfied (a) that a situation has arisen in which the administration of the UT of Jammu and Kashmir cannot be continued in accordance with the provisions of this Act; or (b) that it is necessary or expedient for the good administration of the UT of Jammu and Kashmir to do so, the President may by order suspend the operation of all or any suspend any part of the provisions; of this Act for such period as it may deem appropriate and make such incidental and consequential provisions as may appear necessary or expedient for the administration of the UT of Jammu and Kashmir in accordance with the provisions of the Act Articles 239 and 239A of the Constitution of India deal with the administration of union territories and the establishment of local legislatures or councils of ministers for some of them.

Section 54 of the Jammu and Kashmir Reorganization Act, 2019, deals with the appointment and responsibilities of the Chief Minister and ministers.

First publication: October 13, 2024 | 11:54 PM IST