Polity & Governance Prelims cum Mains

President’s rule in J&K extended for 6 more months beginning July 3

In News:

  • The Lok Sabha has recently given its nod for the extension of President’s Rule in Jammu and Kashmir by six months.
  • Now, the Union Cabinet has approved the extension of President’s Rule in Jammu and Kashmir for a further period of six months with effect from 3rd July, under Article 356(4) of the Constitution of India.

 

Background

  • The Central rule has been continuing in Jammu and Kashmir since June 20, 2018,
  • Jammu and Kashmir came under Governor’s rule after a party withdrew support to the then coalition government.
  • Under Section 92 of the Constitution of Jammu and Kashmir, there is no provision for further continuation of Governor’s rule after six months.
  • Hence, on the recommendation of Governor and having regard to the prevailing situation in the state, the President’s rule was imposed on December 20, 2018.
  • Subsequently, a resolution approving the President’s rule was passed in both the houses of the Parliament.
  • The present term of President’s rule is expiring on July 2 .

 

News Summary

  • 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.
  • For the implementation of the same, a resolution seeking approval from both the houses of the Parliament is needed.

President’s Rule in India

  • The imposition of Article 356 of the Constitution on a State following the failure of constitutional machinery is called President’s Rule in India.
  • Once the President’s Rule has been imposed on a state, the elected state government will be temporarily dissolved, and the Governor, who is appointed by the central government, will replace the Chief Minister as the chief executive of the State.
  • Under President’s rule, the state falls under the direct control of the Union government, and the Governor continues to be head the proceedings, representing the President of India (who is the Head of the State).
  • The imposition of the President’s rule requires the sanction of both the houses of Parliament. If approved, it can go on for a period of six months.
  • However, the imposition cannot be extended for more than three years, and needs to be brought before the two houses every six months for approval.

Note: 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.

When can President’s Rule be imposed on a state?

  • State Legislature is unable to elect a leader as Chief Minister
  • Collapse of a Coalition due to disagreements
  • Loss of majority in the state assembly
  • Serious breakdown of law and order
  • Elections postponed due to ineludible reasons
  • Shoot up of insurgency or rebellion

SC on President’s rule

  • In S.R. Bommai Case, the Supreme Court issued the historic order to put an end to the arbitrary dismissal of State governments under Article 356. SC clarified that:
    • The President to dismiss a State government is not absolute.
    • The President should exercise the power only after his proclamation (imposing his/her rule) is approved by both Houses of Parliament.
    • Till then, the President can only suspend the Legislative Assembly by suspending the provisions of Constitution relating to the Legislative Assembly.

 

How Governor’s rule in J&K different from other states?

  • The imposition of governor’s rule in J&K is slightly different than that in other states.
  • In other states, the president’s rule is imposed under the Article 356 of Constitution of India.
  • In J&K, governor’s rule is mentioned under Article 370 section 92 – ‘ Provisions in case of failure of constitutional machinery in the State.’

Governor’s rule in J&K

Image result for governorrule in jk

  • The Constitution of India grants special status to Jammu and Kashmir among Indian states, as it is the only state in India to have a separate Constitution and regulations specific to it.
  • Article 370 of the Constitution of India states that Parliament of India and the Union Government jurisdiction extends over limited matters with respect to State of Jammu and Kashmir, and in all other matters not specifically vested in federal governments, actions have to be supported by state legislature.
  • The Government of India can declare emergency in Jammu and Kashmir and impose Governor’s rule in certain conditions.
  • Matters related to defence, foreign relations, communication and finance of Jammu and Kashmir are under jurisdiction of the Constitution of India.
  • Under the provision of Section 92 of the Jammu and Kashmir Constitution, Governor’s rule is imposed for six months, but only after the consent of the President of India.
  • Under the Governor’s rule, the State Assembly is either kept in suspended animation or dissolved.
  • Under Section 92, there is no provision for further continuation of Governor’s rule after six months.
  • Hence, on the recommendation of Governor and having regard to the prevailing situation in the state, the President’s rule can be imposed in the state.

 

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