J&K: President Kovind promulgates Removal of Difficulties Order

President Ram Nath Kovind on Wednesday, October 30, promulgated the Jammu and Kashmir Reorganisation (Removal of Difficulties) Order, 2019 which was published in the Gazette of India. Section 103 of the Jammu and Kashmir Reorganisation Act, 2019 passed by both Houses of the Parliament accords him the power to issue such an order. The order commences with the mention that the aforesaid Act received the assent of the President on August 9, 2019. Furthermore, it notes that the Union Territories of Jammu and Kashmir and Ladakh would come into existence on October 31, 2019.  

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Central laws to be applicable

Basically, the current order seeks to remove difficulties arising in giving effect to some of the provisions of the principal Act. For instance, it says that the judges of the High Court of Jammu and Kashmir would be deemed to have appointed under Article 217 of the Constitution and they would continue to function as judges of the common High Court for both Union Territories. Similarly, any action taken by the Advisory Committee before October 31 would be deemed valid and operative. Furthermore, it stipulates that the Union Public Service Commission (UPSC) shall recruit for Group ‘A’ and Group ‘B’ posts only for the Union Territory for Ladakh. The order also gives clarity about the laws in the new Union Territories. It clearly states that all the Central laws, ordinances and rules which are applicable to the rest of India, would now be enforced in the Union Territories of Jammu and Kashmir and Ladakh.  

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Some local Acts in operation

However, the order caters to regional considerations as well. Certain local acts pertaining to bovine breeding, single-window business facilitation, National Law University, and development authorities would continue to apply to the region unless a legislature decides to repeal or amend them. Also, the Jammu and Kashmir Goods and Services Tax Act, 2017 would continue to be implemented in the Union Territory of Jammu and Kashmir. On the other hand, the Union Territory of Ladakh would have to follow the Union Territory Goods and Services Act, 2017. Furthermore, the order not only bestows power on the Centre to modify any law made applicable to the Union Territories before October 31, 2020, but also gives legal immunity to any action taken by the authorities between August 5 and October 31.  

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