State PCS - JAMMU & KASHMIR (JKAS)

• 15 Oct 2024

Omar Abdullah to Take Oath as J&K CM

Why in News?    

Recently, elections were concluded in the Union Territory of Jammu & Kashmir, and a new Chief Minister is to be appointed along with the revocation of President’s Rule.

Key Points  

• President's Rule Revoked: 
  • Following the election results, President’s Rule was revoked in J&K. 
  • The revocation process involves the President issuing a proclamation based on a report from the Governor or  Lieutenant Governor (LG), citing that conditions for forming a government are favorable after elections. 
  • President's Rule: 
    • Article 356 of the Indian Constitution allows the President to impose direct governance (President's Rule) in a state when the state government is unable to function as per constitutional provisions. 
• Governor's Role (Now LG): 
  • Under Article 164, the LG (previously Governor) plays a key role in inviting the leader of the majority party or coalition to form the government. 
  • The LG ensures the formation of a government that enjoys majority support in the legislature. 
• Oath of Office: 
  • As per Article 164(3), the CM and other ministers are administered the oath of office by the Governor (or LG in Union Territories). 
  • The oath signifies allegiance to the Constitution and the discharge of duties in accordance with the law. 
• Legislative Assembly’s Role: 
  • The newly formed Legislative Assembly in J&K, reinstated post-elections, will have the authority to enact laws, approve budgets, and represent the people of the Union Territory. 
  • The CM will head the executive arm of the government, accountable to the Legislative Assembly.