New Delhi: The central government has amended the rules governing the Inter-State Council, allowing lieutenant governors of Union Territories with legislatures to attend council meetings when President’s rule is in effect. The amendments, notified by the Ministry of Home Affairs, specifically include the Lieutenant Governors of Puducherry, Jammu and Kashmir, and Delhi.
According to details received by The Chenab Times, the amendments modify the Inter-State Council Order of 1990, which originally established the council comprising the Prime Minister, Chief Ministers of all states, representatives of specified Union Territories, and six Union Cabinet ministers. The revised rules aim to ensure representation from these Union Territories during periods of constitutional breakdown.
Key Amendments to Council Rules
The original proviso to the 1990 order addressed the participation of state governors during President’s rule (Article 356) or when specific constitutional provisions for Jammu and Kashmir were in force. Following the reorganisation of Jammu and Kashmir into two Union Territories in 2019, the rules have been updated to reflect the current administrative structure.
The newly introduced four-part provision retains the stipulation for a state governor to be invited when Article 356 is invoked. Crucially, it adds specific clauses for Union Territories that possess legislative assemblies.
For Puducherry, the amended rule states that the Lieutenant Governor will be invited to council meetings when an order under Section 51 of the Government of Union Territories Act, 1963, is in force. This section pertains to the imposition of President’s rule in the Union Territory.
In the case of Jammu and Kashmir, the amended rules mandate the invitation of the Lieutenant Governor when an order issued by the President under section 73 of the Jammu and Kashmir Reorganisation Act, 2019, is in effect. This provision covers situations where the constitutional machinery in the Union Territory of Jammu and Kashmir fails.
Similarly, the Lieutenant Governor of Delhi will be invited to attend meetings when an order under Article 239 AB of the Constitution is in force. Article 239 AB deals with the provision for the administration of Delhi and the imposition of President’s rule in the National Capital Territory.
The amendment underscores the government’s intent to maintain continuity and representation from all administrative units, including Union Territories with elected bodies, even during extraordinary circumstances that necessitate the imposition of President’s rule. This move is expected to streamline decision-making processes related to inter-state matters during periods of gubernatorial administration in these UTs.
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