The Union Cabinet has approved the issuance of an order to make as many as 37 Central Laws applicable to the recently formed Union Territory of Jammu & Kashmir..A press release issued to this effect yesterday states,.“…it is necessary to adapt the Central Laws made under the Concurrent List, with required modifications and amendments, for ensuring administrative effectiveness and smooth transition with respect to the Union territory of Jammu and Kashmir thereby removing any ambiguity in their application in line with the Constitution of India.”Press release issued by Union Cabinet.The Central government is empowered under Section 96 of the Jammu and Kashmir Reorganisation Act, 2019 to make adaptations and modifications to facilitate the implementation of any law applicable to India, to the Union Territory of Jammu & Kashmir..To “ensure administrative effectiveness” and “remove ambiguity in implementation of these laws”, the Union Cabinet has given the green signal for the issuance of an order to apply the Central Laws to the newly formed Union Territory. As of now, it is unclear as to which Central Laws the government plans to apply to J&K..On August 5, 2019 the Constitution (Application to Jammu & Kashmir) Order, 2019, was introduced to supersede the Constitution (Application to Jammu & Kashmir) Order, 1954. The 1954 Order had listed out provisions of the Constitution of India that would not apply to Jammu and Kashmir..Jammu & Kashmir: Home Minister Amit Shah introduces move to scrap special status.In its place, the 2019 Order provided that all provisions of the Constitution of India will apply to the state of Jammu & Kashmir, with a few exceptions and modifications.Though the power to abrogate or modify Article 370 was conferred on the President under clause (3) of the Article, there was a pre-condition to the same – concurrence by the Constituent Assembly of the State of Jammu & Kashmir. The Constituent Assembly had, however, ceased to exist as far back as in the 1950s..Article 370 has not been abrogated or repealed yet: Then what has the President of India done?.In order to get over this hurdle, the Presidential Order had amended Article 367 to replace the reference to “Constituent Assembly” under Article 370(3) to mean “Legislative Assembly”..A number of petitions challenging the abrogation of Article 370 are pending before the Supreme Court..Governor of Jammu & Kashmir kept the nation in dark; Presidential Rule in Kashmir, abrogation of Article 370 challenged in SC.On January 23, the Constitution Bench formed to hear the challenge reserved its orders on the question of whether the matter should be referred to a larger Bench.[Read the Press Release].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.
