President’s rule lifted in Jammu and Kashmir: How will the new govt function?

As National Conference vice president Omar Abdullah on Friday staked claim for the formation of a new government in Jammu and Kashmir with lieutenant governor Manoj Sinha, President’s rule in the Union Territory has been lifted.

Central rule began in Jammu and Kashmir on October 31, 2019, when the erstwhile state was divided into two Union territories, Jammu and Kashmir, and Ladakh.

“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 said.

After a decade-long gap, the assembly elections resulted in the National Conference winning 42 seats, with its pre-poll allies Congress and CPM securing six and one seats, respectively.

Five independent candidates and a single AAP MLA have also committed their support to the National Conference, raising the alliance’s total to 55 seats.

Omar Abdullah is set to be sworn in as the chief minister of the Union Territory, with the Assembly session scheduled for Wednesday. He previously served chief minister from 2009 to 2014, in an NC-Congress alliance government.

At the time, J&K was a full state, and the CM enjoyed a wider array of powers. His term was preceded by the President’s rule.

Jammu and Kashmir was without an elected government since June 2018, when Bharatiya Janata Party (BJP) broke its alliance with Peoples’ Democratic Party (PDP) forcing Mehbooba Mufti to resign as chief minister.

The state was headed by then governor Satya Pal Malik, who dissolved the J&K Legislative Assembly on November 28, 2018, soon after Mehbooba Mufti staked claim to form the government with the support of Congress and National Conference (NC).

However, on December 19, 2018, then President of India, Ram Nath Kovind, issued a notification announcing President’s Rule in J&K under Article 356 of the Constitution of India.

Article 356 of the Constitution, under which President’s rule is imposed in a state, is not applicable in union territories. On October 31, 2019, when Jammu and Kashmir turned into a Union territory, President’s rule imposed in the undivided Jammu and Kashmir was withdrawn.

However, subsequently, the President issued a notification stating that central rule will continue for an indefinite period through the lieutenant governor (LG) in the union territory of Jammu and Kashmir.

What will change UT of Jammu and Kashmir?

The revocation allows for the formation of a new government with a new chief minister, leading to the establishment of a cabinet that will govern the Union territory and address local issues.

Elected representatives regain control over local governance, reducing the direct intervention of the central government.

The legislative assembly is reconvened, allowing elected representatives to debate and pass laws relevant to Jammu and Kashmir.

While the assembly can debate and vote on financial matters, all grants and appropriations must be presented for the LG’s approval.

The lieutenant governor will exercise executive control over critical areas, including police, public order and land management.