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    How J&K’s First Elected Government in Six Years Will Form?

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    National Conference (NC) Vice-President Omar Abdullah is poised to lead the new government in Jammu and Kashmir (J&K). This marks the first elected government in the region since it was reorganized into a union territory in 2019.

    Abdullah met with Lieutenant Governor Manoj Sinha and staked the claim for forming the J&K government after the result of the Assembly elections were revealed. The National Conference (NC), under Abdullah’s leadership, has secured a majority with the support of the Congress and other allied parties.

    The NC and Congress secured a total of 48 seats together. Election Commission data shows that the NC claimed 42 seats, while their ally, Congress, won six seats. Abdullah said that he is likely to take oath on Wednesday after the documentation at the Raj Bhawan is complete.

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    “It is central rule in J&K and governor has to prepare documents which will be sent to Rashtrapati Bhawan and then to the Union home ministry. We have been conveyed that it will take two to three days to complete this process. And if this process gets completed within two to three days, hopefully oath can be taken on Wednesday,” said Abdullah.

    President’s rule

    The erstwhile state had been under President’s rule for nearly six years which was revoked on Monday to allow the government to be formed.

    “In exercise of the powers conferred by Section 73 of the Jammu and Kashmir Reorganisation Act, 2019 (34 of 2019) read with Articles 239 and 239A of the Constitution of India, the order dated the 31st October, 2019 in relation to the union territory of Jammu and Kashmir shall stand revoked immediately before the appointment of the chief minister under Section 54 of the Jammu and Kashmir Reorganisation Act, 2019,” the notification signed by President Droupadi Murmu said.

    Jammu and Kashmir had been under President’s Rule since 2018 when the Bharatiya Janata Party (BJP) had withdrawn its alliance with the ruling People’s Democratic Party (PDP), collapsing the coalition government. This resulted in a hung assembly as there was no party with a majority who could stake a claim to form the government. Tensions were further flared following the abrogation of Article 370 and the bifurcation of the state into two union territories in August 2019 by the BJP. The region has since been administered directly by the central government, with no elected legislative assembly in place.

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    Forming a new government

    In democratic systems, the alliance that secures a majority in the legislative assembly stakes its claim to form the government. The leader of this majority alliance is typically appointed as the Chief Minister-designate. This individual then meets with the Lieutenant Governor to formally stake the claim and request a date for the swearing-in ceremony.

    Once the date is fixed, the Chief Minister-designate, along with the Council of Ministers, is sworn in. This ceremony marks the official commencement of the new government’s term.

    If no party or alliance secures a majority, the region may be placed under President’s Rule. This interim measure ensures governance continues until a stable government can be formed. President’s Rule involves direct administration by the central government, which remains in place until new elections are held or a majority alliance is established.

    The process of forming the new government has faced delays due to procedural requirements to revoke President’s Rule. Abdullah has assured that these procedural hurdles are being addressed and that the oath-taking ceremony will take place soon. He emphasized that the process is independent of technological constraints and is progressing as planned.

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    The 2018 Jammu and Kashmir ‘Faxgate’

    In 2018, Mehbooba Mufti, the PDP chief, attempted to form a government in J&K by faxing a letter to then-Governor Satya Pal Malik, claiming the support of 56 MLAs. However, the letter was not “acknowledged” by the governor, drawing criticism from all political parties.

    On the same day, Sajad Ghani Lone also claimed support to form a government via a WhatsApp message but received no response. Later that evening, Governor Malik dissolved the Assembly, citing instability and security concerns, without addressing the letters from Mufti and Lone.

    Malik later justified the lack of response by stating it was a holiday and the office was closed. This explanation was criticized by Abdullah and Mufti, who pointed out the inconsistency of the fax machine’s functionality, suggesting it was used selectively to dissolve the Assembly but not to receive government formation claims.

    Following his victory, Omar Abdullah referenced this incident, humorously noting that forming a government in J&K via fax would be problematic. “We tried to form the J government once through a fax machine but that did not work out. Please keep technology at the office, we will do it in our own way”, he said.

    NC-Congress alliance: Trouble in Paradise?

    The alliance between Congress and the National Conference (NC) has often been viewed as a strategic partnership rather than an ideological union. While they share common ground on secularism and regional autonomy, they differ on issues like Articles 370 and 35A, and the approach to terrorism. This coalition has historically been a response to counter BJP’s influence, despite internal contradictions.

    The abrogation of Article 370 in 2019 has significantly changed Jammu and Kashmir’s political landscape. Both Congress and NC now face the challenge of operating within a Union Territory with new political and legal frameworks. This election might bring some stability, but it remains to be seen if their governance will effectively address the region’s deep-seated issues or continue as a pragmatic, yet uneasy alliance shaped by historical differences.

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    Manbilas Singh is a talented writer and journalist who focuses on the finer details in every story and values integrity above everything. A self-proclaimed sleuth, he strives to expose the fine print behind seemingly mundane activities and aims to uncover the truth that is hidden from the general public. In his time away from work, he is a music aficionado and a nerd who revels in video & board games, books and Formula 1.

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