Removal of Difficulties Order

Introducing any new thing or working under changed circumstances, political, constitutional and administrative, do provide room for certain speculations and apprehensions. It is entirely in the fitness of things to take stock of that scenario and not brush that aside or attach no importance thereto under the maxim’ ignorance is no excuse’. The doubts about the fate of any investigations, legal proceedings, punishment awarded or liability initiated or enforced under the then state laws cannot be rescinded or set aside for the simple reason that State Laws had been repealed by the Parliament. Since a new system with modifications, repealing of laws substituting them with the central laws etc brings forth lot of inquisitive issues, the same need to be clarified progressively in order to streamline the transition in smooth and apparent clearer form.
It may be recalled that as many as 153 State Laws and 11 Acts passed by the Governor, who under the constitution of Jammu and Kashmir, wielded legislative powers as well, already stand repealed in the Union Territory of Jammu and Kashmir and the UT of Ladakh under the Jammu and Kashmir Reorganisation Act 2019. The same have been given effect to from November 1, however, certain doubts have equally taken place both in official circles as well as among most of the people. While the doubts cannot be termed as uncalled for, the proceedings and action taken, reviews made and orders issued under the old arrangement shall not become infructuous. It is quite timely that the President of the Republic, Ram Nath Kovind has cleared the mist vide the order issued to this effect. ‘The Removal of Difficulties Order, 2019’ in respect of the Reorganisation Act had to be issued by the President keeping in view certain impending difficulties in implementation process by the Central Government Ministries, Departments and authorities of Jammu and Kashmir.
On the basis of it, therefore, it can safely be juxtaposed that certificates issued, permits or licenses granted, agreements executed and the like under any State Law shall remain valid, effective and enforceable as if the same were cleared and passed under the new arrangement. The Presidential order clarifies almost all points in respect of actions of different hues taken under State Laws including Acts passed by the Governor mentioned in the fifth schedule of the Reorganisation Act. That the repealed Acts were not going to effect investigations or legal actions and remedies shall henceforth be taken to their logical conclusions under the said repealed Acts . It is noteworthy that with this decision, those cases dealing with corruption and corrupt practices would not get affected in any way and therefore no scope for any breather or relief for the accused and offenders involved in acts of corruption was going to be provided to them.
In fact, it is beyond any doubt that comparatively fast proceedings and disposals were expected, now in respect of FIRs registered under J&K Prevention of Corruption Act and Ranbir Penal Code till Oct 31 and the same shall be disposed of as per the hitherto existing provisions. It, therefore, follows as a natural corollary that henceforth such cases would be dealt with under the central Acts and the Indian Penal Code only.
It is not that clarifications given and certain points cleared could remove all doubts or ambiguities about the ‘new system’ but at the outset, it has been quite helpful both towards the process of smooth transition and now hopefully in the course of implementation which would in the course of time get stabilised and easier to work with and serve under.