Other States

Jammu and Kashmir ceases to be a State

Lieutenant Governor of Jammu and Kashmir Girish Chandra Murmu. File Photo.   | Photo Credit: The Hindu

The bifurcation of Jammu & Kashmir into two Union Territories came into effect at midnight on October 30. Girish Chandra Murmu and Radha Krishna Mathur will be sworn in as Lieutenant Governors of J&K and Ladakh respectively at two separate ceremonies on October 31.

J&K Chief Justice Gita Mittal will administer the oath to Mr. Mathur at 7.15 a.m. in Leh district of Ladakh. Around 12.45 p.m., she will swear in Mr. Murmu in J&K’s summer capital Srinagar. A special plane has been kept ready in Leh to meet the deadlines of the two ceremonies. Multiple security layers have been finalised for both the UTs to ensure peaceful and smooth ceremonies.

Ms. Mittal arrived in Leh on October 30, while the Lieutenant Governor-designates also reached their respective stations. 

It is not clear who will administer the oath to Ms. Mittal

Sources said no senior political dignitary will participate in these ceremonies, which will be a low key affair. As many as 298 invitations will be sent to local member parliaments, high court judges, heads of commissions and the head of departments of the administration and the police.

Incarcerated National Conference leader Dr. Farooq Abdullah and MP from Srinagar is also in the list of the invitees as per the protocol. It remains to be seen if Dr. Abdullah or any of the two other NC MPs from Kashmir will be invited to attend the ceremony in Srinagar or not.

Sources said the tenure of the five advisers to Governor Satya Pal Malik, including K. Vijay Kumar, Khursheed Ganai, K. Sikandan, K.K. Sharma and Farooq Khan, will come to an end. Sources said Mr. Khan is tipped to continue as adviser to the Lt. Governor, who is likely to constitute a political council to oversee the governance issues instead of a group of advisers.

The status of J&K was reduce to UTs after the Centre passed the Reorganisation of J&K Bill in the Parliament in the first week of August, immediately after the state's special status was revoked. Since then a cumbersome process of the division of assets and human resource between the UTs was undertaken.

Sources said the IAS and the IPS officers, working in J&K, will continue to work here. In the future, the new bureaucrats will be appointed from the AGMUT cadre.

Sources said the J&K Bank will continue to act as an agent of Reserve Bank of India to conduct its agency banking business in both the UTs. The UTs will also get two separate animals as symbols on the lines of the State animals.


PTI adds:

Union Home Ministry replaces State of J&K with ‘UT of Jammu and Kashmir’ in notification

The Home Ministry in a notification on October 30 replaced the State of J&K with the “Union Territory of Jammu and Kashmir” and announced omission of “permanent residents or hereditary state subjects“.

In the late night notification, the Ministry’s Jammu and Kashmir division announced a slew of measures, including application of central laws to the state.

”...There are references in the state laws that have been applied to the Union Territory of Jammu and Kashmir, and the Union Territory of Ladakh to the expressions ‘permanent residents’ or ‘hereditary state subjects’.., wherever they occur, shall be omitted,” it said.

The references, by whatever form of words, to the “State of Jammu and Kashmir” or “Jammu and Kashmir” or “State” shall from October 31 be construed as “Union Territory of Jammu and Kashmir” or “Union Territory of Ladakh”, as the case may be, it said.

It said any reference in any existing law to the “legislature of the state or any House or Houses” shall be construed as references to the legislative assembly or legislature of the Union Territory of Jammu and Kashmir.

No lawsuit will be maintained for any action taken, including any notification issued or order, rule or appointment made during the period between August 5 and October 31 as these shall be deemed to be valid and operative as if such things had been done or actions taken in accordance with law, according to the notification.

It said any person who has taken an oath or made an affirmation before holding office or position as such under the Jammu and Kashmir Constitution or other laws in force in the existing state of J-K immediately before the appointed day shall be deemed to have taken oath or affirmation under the Indian Constitution or law applicable to the two union territories, and shall continue to hold office or position as such till October 31.

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Printable version | Oct 20, 2021 1:46:21 PM | https://www.thehindu.com/news/national/other-states/jammu-and-kashmir-ceases-to-be-a-state/article29835838.ece

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