Govt invokes section 73 of Jammu and Kashmir Reorganization Act, 2019

MINISTRY OF HOME AFFAIRS
(Department of Jammu and Kashmir Affairs)
NOTIFICATION

New Delhi, the 31st October, 2019

G.S.R. 817(E).––The following Proclamation by the President is published for general information:–

PROCLAMATION

In exercise of the powers conferred by clause (2) of article 356 of the Constitution, I, Ram Nath Kovind, President of India, hereby revoke the proclamation issued by me under the said article on the 19th December, 2018 in relation to the State of Jammu and Kashmir.

New Delhi
31st October, 2019.

RAM NATH KOVIND
President

[F. No. 11014/05/2014-K.I]
AJAY KUMAR BHALLA, Home Secy.

MINISTRY OF HOME AFFAIRS
(Department of Jammu and Kashmir Affairs)
NOTIFICATION
New Delhi, the 31st October, 2019

S.O. 3937(E).––WHEREAS vide G.S.R. 1223(E), dated 19^th December, 2018, the President of India issued Proclamation under article 356 of the Constitution in relation to the State of Jammu and Kashmir, inter alia, declaring that the powers of the Legislature of the State of Jammu and Kashmir shall be exercisable by or under the authority of Parliament.

AND WHEREAS the Parliament has enacted the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) whereby on and from the appointed day, State of Jammu and Kashmir has been reorganised into the Union territory of Jammu and Kashmir and the Union territory of Ladakh.

AND WHEREAS vide S.O. 2889(E) dated 9^th August, 2019, the Central Government has appointed the 31^st day of October, 2019 as the appointed day for the purposes of the said Act.

AND WHEREAS article 356 of the Constitution of India is not applicable to the Union territories and the provision in case of failure of constitutional machinery in case of Union territory of Jammu and Kashmir is governed by section 73 of the Jammu and Kashmir Reorganization Act, 2019 which reads as under:

“73. Provision in case of failure of constitutional machinery.––If the President, on receipt of a report from the Lieutenant Governor of Union territory of Jammu and Kashmir, or otherwise, is satisfied,—

(a) that a situation has arisen in which the administration of the Union territory of Jammu and Kashmir cannot be carried on in accordance with the provisions of this Act; or

(b) that for the proper administration of Union territory of Jammu and Kashmir it is necessary or expedient so to do,

the President may, by order, suspend the operation of all or any of the provisions of this Act for such period as he thinks fit and make such incidental and consequential provisions as may appear to be necessary or expedient for administering the Union territory of Jammu and Kashmir in accordance with the provisions of this Act.”

AND WHEREAS a communication has been received from the Governor of Jammu and Kashmir that the administration of the successor Union territory of Jammu and Kashmir, cannot be carried on in accordance with the provisions of the Constitution and the Jammu and Kashmir Reorganisation Act, 2019.

AND WHEREAS 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.

ORDER

WHEREAS I, Ram Nath Kovind, President of India, have received a report from the Governor of the State of Jammu and Kashmir and after considering the report and other information received by me, I am satisfied that a situation has arisen in which administration of the Union territory of Jammu and Kashmir cannot be carried on in accordance with the provisions of the Jammu and Kashmir Reorganisation Act, 2019;

NOW, THEREFORE, in exercise of the powers conferred under section 73 of the Jammu and Kashmir Reorganisation Act, 2019 read with articles 239 and 239A of the Constitution and of all other powers enabling me in that behalf, I hereby proclaim that I––

(a) assume to myself as President of India all functions of the Government of Union territory of Jammu and Kashmir and all powers vested in or exercisable by the Lieutenant Governor of the Union territory of Jammu and Kashmir;

(b) declare that the powers of the Legislature or Legislative Assembly of the Union territory of Jammu and Kashmir shall be exercisable by or under the authority of Parliament; and

(c) make the following incidental and consequential provisions which appear to me to be necessary or desirable for giving effect to the objects of this Proclamation, namely:–

(i) in exercise of the functions and powers assumed to myself by virtue of clause (a) of this Proclamation, it shall be lawful for me as President of India to act to such extent as I think fit through the Lieutenant Governor for administering the Union territory of Jammu and Kashmir in accordance with the provisions of the Constitution and the Jammu and Kashmir Reorganisation Act, 2019;

(ii) the operation of the following provisions of the Jammu and Kashmir Reorganisation Act, 2019 in relation to the Union territory of Jammu and Kashmir is hereby suspended, namely:––

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.

(iii) any reference in the Jammu and Kashmir Reorganisation Act, 2019 to the Lieutenant Governor shall, in relation to the Union territory of Jammu and Kashmir, be construed as a reference to the President, and any reference therein to the Legislature or Legislative Assembly of the Union territory of Jammu and Kashmir shall, in so far as it relates to the functions and powers thereof, be construed, unless the context otherwise requires, as a reference to Parliament, and, in particular, the references in the Jammu and Kashmir Reorganisation Act, 2019 to the Lieutenant Governor and to the Legislature or Legislative Assembly of the Union territory of Jammu and Kashmir, shall be construed as references to the President and to the Parliament or the Houses thereof respectively:

Provided that nothing herein shall prevent the President from acting under sub-clause (i) of this clause to such extent as he thinks fit through the Lieutenant Governor of the Union territory of Jammu and Kashmir;

(iv) any reference in the Jammu and Kashmir Reorganisation Act, 2019 to Acts or laws of, or made by, the Legislature or Legislative Assembly of the Union territory of Jammu and Kashmir shall be construed as including a reference to Acts or laws made, in exercise of the powers of the Legislature or Legislative Assembly of the Union territory of Jammu and Kashmir, by Parliament by virtue of this Proclamation, or by the President or other authority referred to in sub-clause (a) of clause (1) of article 357 of the Constitution and so much of the General Clauses Act, 1897 (10 of 1897), as applies to State laws, shall have effect in relation to any such Act or law as if it were an Act of the Legislature of the Union territory of Jammu and Kashmir.

RAM NATH KOVIND
President

New Delhi
31^st October, 2019.

ORDER

In pursuance of sub-clause (i) of clause (c) of the Proclamation issued on this, the 31st October, 2019, by me under section 73 of the Jammu and Kashmir Reorganisation Act, 2019 read with articles 239 and 239A of the Constitution and of all other powers enabling me in that behalf, I hereby direct that all the functions of the Government of the Union territory of Jammu and Kashmir and all the powers vested in or exercisable by the Lieutenant Governor of Union territory of Jammu and Kashmir under the Jammu and Kashmir Reorganisation Act, 2019 or under any law in force in the Union territory of Jammu and Kashmir, which have been assumed by the President by virtue of clause (a) of the said Proclamation, shall, subject to the superintendence, direction and control of the President, be exercisable also by the Lieutenant Governor of Union territory of Jammu and Kashmir.

New Delhi
31^st October, 2019.

RAM NATH KOVIND
President

[F. No. 11014/05/2014-K.I]
AJAY KUMAR BHALLA, Home Secy.