Srinagar, Oct 11: The Union Government is required to revoke the President’s rule in Jammu & Kashmir before Omar Abdullah-led government takes oath, sources said.
Officials said 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 to pave the way for the elected government to take the oath,” they said, adding that the proclamation needed to be revoked because it had suspended all the provisions of the Reorganisation Act dealing with J&K Assembly and the elected government.
They added that revoking the President’s rule from J&K also requires the concurrence of the Union Cabinet.
On October 31, 2019, when Jammu & Kashmir was reorganized into 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 the imposition of Central rule under section 73 of the J&K Reorganisation Act, 2019, the President of India revoked the proclamation issued by him under Article 356 of the Constitution of India. Article 356 does not apply to Union Territories.
After Mehbooba Mufti-led government collapsed following the withdrawal of support by the BJP in June 2018, J&K came under Central Rule.
The first Central Rule as ‘Governor’s rule’ continued for six months under section 92 of the constitution of the then State. After six months, the President’s Rule was imposed for the next six months which was subsequently extended with the approval of the Parliament.
