State witnesses president’s rule since 3rd time since 1977
Srinagar: As the J&K Governor S P Malik completes six months in office; State on Wednesday evening plunged into president’s rule with the president Ram Nath Kovind claiming to “take the reins of the troubled state.”
This is for the first time since 1977 that the State has witnessed president’s rule. However, there are many fears given the fact that Jammu and Kashmir now comes under direct rule of Delhi. National Conference patron Dr Farooq Abdullah has already demanded early polls “so that an elected government comes to power that would work for the people.”
The Union Cabinet had given its go-ahead for President’s rule after Wednesday (December 19), a Home Ministry official said. A communication from Governor’s office was sent to the central government and subsequently, it was moved to the Union Cabinet for its nod.
President Ram Nath Kovind issued a “proclamation” declaring that the powers of the legislature of the state shall be exercisable “by or under the authority of the Parliament.” A notification issued by the President from New Delhi, a copy of which is with the Kashmir In-depth read: I (Ram Nath Kovind) have received a report from the Governor of JK, after considering the report and other information reeived by me, I am satisfied that a situation has arisen in which the government of that State cannot be carried on in accordance with the provisions of the Constitution of India as applicable to that State and of the constitution of Jammu and Kashmir. Therefore, I assume the powers conferred by article 356 of the constitution and assume the functions fo the government of the State.”
The state plunged into a political crisis in June this year after People’s Democratic Party (PDP) chief Mehbooba Mufti-led coalition government was reduced to a minority following withdrawal of support by the 25-member Bharatiya Janata Party (BJP) in the state.
Since the state has a separate Constitution, in such cases, six months of Governor’s rule is compulsory under Article 92 of the Jammu and Kashmir Constitution, under which all the legislative powers are vested with the Governor.
The Governor has to dissolve the Legislative Assembly after six months. The state then directly comes under President’s rule for another six months after which elections have to be held in the state. In case the elections are not declared, President’s rule can be extended by another six months.
No presidential proclamation shall, in any case, remain in force for more than three years except for the intervention of Election Commission of India which has to certify that the continuance in force of the proclamation is necessary on account of difficulties in holding general elections to the Legislative Assembly.
Malik on November 21 dissolved the 87-member state assembly after the PDP, supported by the Congress and their arch-rivals National Conference, had staked their claim to form the government. Simultaneously, the two-member People’s Conference led by Sajjad Lone had also staked his claim to form a government with 25 members of the BJP and other 18 unknown members. The Governor dissolved the assembly citing horse-trading and lack of stability to form a government as the reasons.
