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G.S.R. 873(E).—The following Proclamation issued by the President of India is published for General information:—

PROCLAMATION

In exercise of the powers conferred by clause (2) of Article 356 of the Constitution, I, Ram Nath Kovind, President of India hereby revoke the Proclamation issued by me under the said article on the 12th day of November, 2019, in relation to the State of Maharashtra with effect from the 23rd day of November, 2019.


Ministry of Home Affairs

[Notification dt. 23-11-2019]

Legislation UpdatesStatutes/Bills/Ordinances

The statutory resolution on extending President’s rule by another six months with effect from 03-07-2019 and Jammu and Kashmir Reservation (Amendment) Bill, 2019 was approved by Rajya Sabha today, i.e. 01-07-2019.

The reservation bill has been passed unanimously.

Home Minister Amit Shah tabled the Reservation Bill, which is set to benefit 435 villages along Samba, Kathua and Jammu.

J-K Governor Satypal Malik had on 21-11-2018 dissolved the 87-member assembly. On 20-12-2018 President’s rule was imposed.


This Act may be called the Jammu and Kashmir Reservation (Amendment) Act, 2019.

It shall be deemed to have come into force on the 1st day of March, 2019.

 In Section 2 of the Jammu and Kashmir Reservation Act, 2004 (hereinafter referred to as the principal Act), in clause (o),—

(a) for sub-clause (ii), the following sub-clause shall be substituted, namely:—

“(ii) the persons residing in the area adjoining Actual Line of Control and International Border; and”;

(b) in the second proviso, in clause (ix), in the proviso, for the words “Actual Line of Control”, the words “Actual Line of Control or International Border” shall be substituted.

In Section 3 of the principal Act, in sub-section (2), for the words “Line of Actual Control”, the words “Actual Line of Control or International Border” shall be substituted.

(1) The Jammu and Kashmir Reservation (Amendment) Ordinance, 2019 is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.

Case BriefsSupreme Court

SUPREME COURT: Putting an end to the Uttarakhand Assembly crisis, the bench of Dipak Misra and Shiva Kirti Singh, J.J., allowed Harish Chandra Singh Rawat to assume the office of Chief Minister of Uttarakhand. On 09.05.2016, the Court had ordered a floor test wich was observed by the Principal Secretary, Legislative and Parliamentary Affairs, and Secretary, Legislative Assembly. As a result of the voting, except by the 9 disqualified members of Legislative Assembly, Harish Rawat obtained 33 out of 61 votes. The Court granted liberty to the Union of India to revoke the proclamation of President’s Rule in the State of Uttarakhand in course of the day.

Regarding the issue of justifiability of the proclamation of President’s Rule that was made on 27.03.2016 which was annulled by the impugned order passed by the High Court, the Court said that the said issue will remain alive as it is required to be scrutinized whether within the scope of judicial review, such a finding could have been arrived at or for that matter whether the opinion arrived at by the President of India to proclaim the President’s Rule at the relevant point of time was justified or not.[ UNION OF INDIA v. HARISH CHANDRA SINGH RAWAT, Special Leave to Appeal No. 11567/2016, decided on 11.05.2016]