Union Cabinet gives ex-post facto approval for orders issued by President under Sec 103 of J-K Reorganisation Act, 2019

The Union Cabinet chaired by Prime Minister Narendra Modi gave ex-post facto approval for the orders issued by the President of India under Section 103 of the Jammu and Kashmir Reorganisation Act, 2019 to remove the difficulties that have arisen in giving effect to the provisions of the Act as per Rule 12 of the Government of India (Transaction of Business) Rules, 1961.

"The issue of the notification would remove the difficulties in giving effect to the provisions of the Act in the application of certain laws to the Union territory of Jammu and Kashmir and Union territory of Ladakh," read a press release by the Ministry of Home Affairs (MHA) on Wednesday.

Moreover, the Union Cabinet also 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 and Kashmir has been reorganized as the new Union Territory of Jammu and Kashmir and the new Union Territory of Ladakh on 31st October, 2019," according to another release by the MHA.

"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 October 31, 2019 under Section 73 of the Jammu and Kashmir Reorganisation Act, 2019 imposing President's Rule in the Union territory of Jammu and Kashmir," it added.

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 October 31, 2019.