President releases J&K of its direct control, restores UT Assembly

Jammu Kashmir Assembly Constituencies
Jammu Kashmir Assembly Constituencies Map

Rattan Singh Gill

Jammu Tawi, Oct 13: The President of , today revoked its Notification S.O. 3937(E) issued on October 31, 2019 assuming the functions and powers for administering the Union Territory of Jammu and through Lieutenant Governor and other provisions ordered in the said proclamation that suspended 39 sections and seven sections partially mostly pertaining to Legislative Assembly, Council of Ministers etc, thus paving the way for the restoring the Legislative Assembly and for the formation of a new government in the union territory.

The Union Territory of Jammu & Kashmir came into existence with effect from 31st October, 2019 after enactment of J&K Reorganization Acts passed by the Parliament on August 05, 2019 scrapping the erstwhile state and it was understood to be under President's rule since December 2018.

Section 14 of the Jammu and Kashmir Reorganization Act, 2019 provides for a Legislative Assembly for the Union Territory of Jammu & Kashmir, with the administration being carried out under the authority of a Lieutenant Governor appointed under Article 239 of the Constitution of India.

However, Section 73 of the Act provides that the President can suspend any of the provisions of the Act if he is satisfied on a report from the Lieutenant Governor, or if a situation has arisen in which the administration of the Union Territory cannot be carried on in accordance with the provisions of the Act.

In exercise of the said powers, the President had, by an order issued on October 31, 2019, suspended the following provisions of the Act:

sections 17 to 26 (both inclusive); sections 29 to 34 (both inclusive); sections 36 to 49 (both inclusive); sub-section (1) and sub-section (3) of section 53; section 54; so much of section 55 as relates to acting on the advice of the Council of Ministers; section 56; section 63; so much of section 68 and sub-section (3) of section 69 as relates to acting on the advice of the Council of Ministers; and first proviso to sub-section (1) of section 83.

Interestingly, the erstwhile state of Jammu and Kashmir including remained under President's Rule vide Proclamation since December 19, 2018 and it continued till October 31, 2019, and Union Territory status came into being on October 31, 2024 itself. The same Notification dated October 31, 2019 in same breath said that a communication has been received from the Governor of Jammu and Kashmir that “the administration of the successor Union territory of , cannot be carried on in accordance with the provisions of the Constitution and the Jammu and Kashmir Reorganization Act, 2019. It further said that in order to prevent any constitutional and administrative vacuum, it is necessary to invoke section 73 of the Jammu and Kashmir Reorganisation Act, 2019 read with articles 239 and 239A of the Constitution for the proper administration of the Union territory of Jammu and Kashmir.”

Thus, President's Rule ended in the erstwhile J&K state on Oct 31, 2019 and the breakdown of constitutional machinery in J&K state was reported on the same day itself and President's Rule re-imposed in new J&K Union Territory on the same day ie. October 31, 2019.

Now after the revocation of Notification S.O. 3937(E) date October 31, 2019, the President has released the direct administration and control of Union Territory of J&K but it shall still be under Central Rule administered through the all-powerful Lieutenant Governor, who is nominee of the President of India.