Cabinet approves Ex post facto on the proposal that has been approved under Rule 12 of the Government of India (Transaction of Business) Rules, 1961

Cabinet approves Ex post facto on the proposal that has been approved under Rule 12 of the Government of India (Transaction of Business) Rules, 1961 for the issuance of order under section 73 of Jammu and Kashmir Reorganisation Act 2019 along with order under section 74 of the Act

The Union Cabinet chaired by Prime Minister Shri Narendra Modi today approved ex post facto the orders issued by the President of India under Section 73 of the Jammu and Kashmir Reorganisation Act, 2019 along with order under Section 74 of the said Act.

On the recommendation of Parliament, the President issued a Declaration under Article 370 of the Indian Constitution and gave assent to the Jammu and Kashmir Reorganization Act, 2019.  Accordingly, the former state of Jammu & Kashmir has been reorganized as the new Union Territory of Jammu and Kashmir and the new Union Territory of Ladakh on 31st October, 2019.

After coming into force of the Jammu and Kashmir Reorganisation Act, 2019 with effect from 31st October, 2019, the erstwhile State of Jammu and Kashmir was reorganized into the Union territory of Jammu and Kashmir with Legislature and Union territory of Ladakh without Legislature.  On 19th December, 2018 President’s Rule was imposed in the erstwhile State of Jammu and Kashmir under Article 356 of the Constitution of India.  As Article 356 of the Constitution of India is not applicable to the Union territories the President’s Rule was revoked on 31st October, 2019.

Since the Legislative Assembly in the new UT of Jammu and Kashmir is not in existence, in order to avoid any constitutional vacuum, based on the report of the Governor of 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.

An order was also issued by the President in order to authorize expenditure out of the Consolidated fund of Union territory of Jammu and Kashmir under section 74 of the Jammu and Kashmir Reorganisation Act, 2019 on 31st October, 2019.