Why revocation of President's Rule in J&K before Government Formation?

Srinagar, Oct 12: The Union Government is all set to withdraw President's Rule in Jammu and Kashmir (J&K) so that the newly elected government headed by Omar Abdullah, would be sworn in.

The development has come at the right time for the revival of democratic governance in J&K that has been under direct Central rule for nearly five years. It matters why and what impact this development might have on the governance of J&K.

President's Rule was first imposed in J&K on October 31, 2019, after the abrogation of Article 370 and Article 35A that withdrew special constitutional status to erstwhile state.

The state was later bifurcated into two Union Territories—Jammu and Kashmir, and Ladakh—under the Jammu and Kashmir Reorganisation Act, 2019.

Before this, J&K had been in political limbo since June 2018 when the coalition government led by Mehbooba Mufti collapsed after the BJP withdrew its support from the PDP. Section 92 of the state constitution ordained the J&K for a six-month period of Governor's Rule. Still, when that period lapsed, the President invoked rule to maintain continuity in governance.

The basis for imposing President's Rule was Section 73 of the Jammu and Kashmir Reorganisation Act, 2019, which granted central control in the event of an un-functioning Legislative Assembly. Under President's Rule, the legislative as well as the executive powers of the state rest with the Central Government, it ensured that some kind of governance was working under the watch of the Union Home Ministry.

Repeal of the President's Rule comes as a necessary step for an elected government and the revival of J&K Legislative Assembly. Today, the situation is poles apart from the direct central rule as it has been in J&K ever since 2019.

The National Conference vice president and leader of the INDIA bloc legislative party, Omar Abdullah, claims the right to form the government with the help of Congress and several independent legislators.

The new government will come into office only if President Droupadi Murmu formally issues a notification revoking the 2019 proclamation. It would mean the culmination of Central rule and would open the doors for democratic governance to be restored again.

There are certain requirements and the Union Cabinet will also have to give its nod to the proposal for revocation of President's Rule. This is because such a move ensures that appropriate legal and procedural check practices are put in place before the revocation is implemented formally.

After taking approval from the Cabinet, President Murmu will issue an official notification to revoke the proclamation issued under President's Rule. In the notification, all provisions of the Jammu and Kashmir Reorganisation Act related to normal functioning of the Legislative Assembly, suspended during President's Rule, will again come into force.

After the revocation, J&K's Legislative Assembly will again start performing through elected representatives. This, hereby, is a step closer to the restoration of autonomy in governance and public policy-making for Union Territory.

The newly elected Government will take over the day-to-day administration that was handled by the Lieutenant Governor and Central Government. Their focus would probably be shifted again to unemployment issues, infrastructure, security, and social welfare.

For nearly five years, Jammu and Kashmir has remained under central rule, which had been marked by political uncertainty and non-existent electoral representations. For many it's a return to democratic processes that marks an important step toward stabilizing J&K after turbulent years following the abrogation of Article 370.

A locally elected government will, hopefully, make the development in J&K even better prosecuted according to local needs and aspirations. On the other hand, security remains a cause of worry, and how the new government manages to balance the developmental priorities with the still pressing issues of security will remain under hawk's eyes.

A long period of economic stagnation, unemployment plus deficits in infrastructure have been a part of J&K's story. The new government will have its task cut out in addressing these pressing concerns to gain public confidence.