Oath taking function at Srinagar Assembly
Context:
Recently, after general elections to legislative assembly of Jammu & Kashmir, an oath taking ceremony of the Chief Minister Omar Abdullah and 85 newly-elected members took place in Srinagar.
Relevance:
GS-02 (Indian Polity)
Highlights:
- National Conference leader Omar Abdullah became the Union Territory’s first elected head of government since its reorganization.
- The J&K Lieutenant Governor Manoj Sinha administered the oath and the ceremony was held at the Sher-i-Kashmir International Convention Centre (SKICC).
- Article 164(3): It ensures that before any Minister enters his office, the Governor shall administer the oaths of office and of secrecy according to the forms set out in the Third Schedule.
- Once Governor takes it as read, and the Secretary to the Governor has attested that the oath has been administered, it cannot be legally challenged.
- The Jammu & Kashmir Reorganization Act, 2019 : Two unions, namely, UT of Ladakh without a legislature, and the UT of Jammu & Kashmir with a legislature was created.
- However, the legislation on matters of “Public Order” and “Police” were kept under the Lieutenant Governor (LG’s).
- Section 32 of the J&K Reorganisation Act, 2019: allows the assembly to make laws on matters in the state list except “Public Order” and “Police”.
- Article 239: President, if necessary, appoints an administrator to administer Union Territories.
- The Jammu & Kashmir’s assembly is much similar to Puducherry as it is governed by Article 239A.
Timeline:
Abrogation of Article 370:
- Revocation Date: On August 5, 2019, the Indian government revoked nearly all provisions of Article 370.
- Presidential Order: On the same day, the President issued The Constitution (Application to Jammu And Kashmir) Order, 2019.
- Key Change: This order replaced the term ‘Constituent Assembly’ in Article 370(3) with ‘Legislative Assembly [of Jammu & Kashmir]’.
- Amendment Mechanism: It technically amended the interpretation clause Article 367, using Article 370(1) to do so, rather than directly amending Article 370 itself.
- Statutory Resolution: A Statutory Resolution was introduced in the Rajya Sabha to abrogate most of Article 370.
- President’s Rule: This action did not require the concurrence of the Jammu & Kashmir Legislative Assembly as the state was under President’s rule at the time.
- Reorganization Bill: On August 6, 2019, Parliament passed the Jammu and Kashmir Reorganization Bill, 2019.
- Bifurcation: The bill bifurcated the state into two Union Territories: Jammu & Kashmir (with a legislative assembly) and Ladakh (without a legislative assembly).
