President’s Rule For 6 More Months In J&K

jatin
By jatin June 29, 2019 10:54

President’s rule in Jammu and Kashmir would be extended for six more months, beginning July 3 and the Union Cabinet on Wednesday gave its nod for this, Union Minister Prakash Javadekar said.

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  • The present term of President’s rule is expiring on July 2 and the Governor has recommended that the President rule in the state may be extended for a further period of six months with effect from July 3, the statement said.
  • A resolution seeking approval of the Parliament for the extension of the central rule in Jammu and Kashmir will be moved in both houses of parliament during the forthcoming session.
  • The government said that the center is ready to hold Assembly polls in the state as and when the Election Commission (EC) decides.
  • However, the assembly election was not held simultaneously along with the recent Lok Sabha polls because of security issue.

Background

  • The Governor’s rule in Jammu and Kashmir was imposed initially on June 20, 2018, and the State Assembly was kept in suspended animation after the state plunged into a political crisis when the Mehbooba Mufti-led coalition government was reduced to minority following withdrawal of support by the 25-member BJP in the state.
  • The state assembly was subsequently dissolved by Governor Satya Pal Malik on November 21.
  • President’s rule came into effect in Jammu and Kashmir from 20th
  • Subsequently, a resolution approving the President’s rule was passed in the Lok Sabha on December 28, 2018, and in the Rajya Sabha on January 3, 2019.
    • Jammu and Kashmir, on account of its special status, has a slightly different mechanism in place. Here the failure of governmental function results in Governor’s rule under Section 92 of the constitution of Jammu and Kashmir.
    • The Governor later obtains the consent of the President of India.
    • It is only when the Governor’s rule is not revoked for six months that the President’s rule is imposed in the state under Article 356.

President Rule Under Article 356

  • Under Article 356 of the Constitution of India, in the event that a state government is unable to function according to constitutional provisions, the Central government can take direct control of the state machinery.
  • Subsequently, executive authority is exercised through the centrally appointed governor, who has the authority to appoint other administrators to assist them. The administrators are usually nonpartisan retired civil servants.
  • In practice, the president’s rule has been imposed under different circumstances:
    • A state legislature is unable to elect a leader as chief minister
    • Breakdown of a coalition
    • Loss of majority in the assembly
    • Elections postponed for unavoidable reasons.
  • Article 356 state that the president can invoke president rule in a state on the report of the governor if the state machinery fails to abide by constitutional norms.

Time period

  • If approved by both houses, the president’s rule can continue for 6 months.
  • It can be extended for a maximum of 3 years with the approval of the Parliament done every 6 months.
  • If the Lok Sabha is dissolved during this time, the rule is valid for 30 days from the first sitting of the Lok Sabha provided that this continuance has already been approved by Rajya Sabha.
  • The 44th Amendment Act of 1978 introduced a new provision to put a restraint on the power of the Parliament to extend the president’s rule in a state.
    • According to this provision, the president’s rule can only be extended over a year every 6 months under the following conditions:
      • There is already a national emergency throughout India or in the whole or any part of the state.
      • The Election Commission certifies that elections cannot be conducted in the concerned state.

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Source: https://www.thehindu.com/news/national/union-cabinet-extends-presidents-rule-in-jk-for-6-more-months/article27888481.ece

jatin
By jatin June 29, 2019 10:54