Omar Abdullah Current Affairs - 2020

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Public Safety Act: Former CM of J&K Omar Abdullah released

On March 24, 2020, Former Chief Minister of Jammu and Kashmir Omar Abdullah was released from detention after 7 months. He was booked under Public Safety Act and was kept under detention since August, 2020.

Highlights

When the GoI abrogated Article 370 in Jammu and Kashmir, Union Government had kept several local leaders of the state under detention.

Public Safety Act, 1978

The act is a preventive detention law. Under the act, any person can be taken into custody in order to prevent them from acting harmful against the security of the state. The act applies only to the state of Jammu and Kashmir. It was introduced by the then Chief Minister Sheikh Abdullah.

The act was passed to stop from smuggling timber. The act is very similar to the National Security Act.

After bifurcation of Jammu Kashmir, the Public Safety Act was one of the very few acts that was retained under Jammu and Kashmir Reorganization Act, 2019.

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Governor’s rule imposed in Jammu and Kashmir

Governor’s rule has been imposed in the state of Jammu and Kashmir (J&K).

It was imposed after President Pranab Mukherjee approved the recommendation of J&K Governor N. N. Vohra as there is deadlock in the State over formation of a new government after state assembly election.

Earlier, Governor had submitted a report to the President, after caretaker Chief Minister Omar Abdullah had resigned.

Background

Jammu Kashmir State assembly election held in December 2014 had given hung verdict as no party has majority to form government in State.

In this election, Peoples Democratic Party (PDP) has emerged as the single largest party with 28 seats in the 87 members House. While Bhartiya Janta Party (BJP) has emerged second largest party winning 25 seats. But both parties failed to get the magic figure of 44 to form a government.

Other parties like National Conference (NC) have 15 MLAs while Indian National Congress (INC) has 12 MLA’s.

What is Governor Rule in Jammu & Kashmir?

  • In case of failure of constitutional machinery in any other state of India, the President’s Rule is imposed under Article 356 of the Constitution.
  • But in case of J&K, as per Section 92 of state Constitution, the Governor’s Rule can be imposed in the state for a period of six months only after the consent of the President of India in case of failure of constitutional machinery. During the Governors rule, State Assembly is either suspended or dissolved.
  • If the Constitutional machinery is not restored before the expiry of this six month period, the provision of Article 356 of the Constitution of India are extended to J&K and the President’s rule is imposed in the State.
  • It should be noted that, Governors rule has been imposed in the state for the 6 time since 1977.

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