The Union Cabinet chaired by Prime Minister Narendra Modi approved the extension of President’s rule under article 356(4) of Indian Constitution, in Jammu and Kashmir (J&K) for a period of 6 more months, beginning from 3 July 2019. The decision was based on prevailing situation in state as stated in report of Governor of Jammu and Kashmir, Satya Pal Malik.
The present term of President’s Rule is expiring on 2 July 2019 but as recommended by J&K Governor, the President Rule in State may be extended for a further period of six months with effect from 3 July 2019 if it gets parliamentary approval.
Implementation: A resolution seeking approval of parliament for extending President’s Rule in J&K will be moved in both houses of parliament during the upcoming session.
Jammu and Kashmir was placed under Governor’s Rule after Bharatiya Janta Party (BJP) pulled out of coalition government with J&K’s Peoples Democratic Party (PDP) in June 2018. The J&K Governor then issued a proclamation on 20 June 2018 under Section 92 of Constitution of Jammu and Kashmir with concurrence of President of India, thus assuming to himself functions of Government as well as Legislature of J&K. The State Assembly that was initially suspended due to breaking of coalition government was later dissolved by state Governor on 20 November 2018.
The proclamation on 20 June 2018 for Governor’s rule ceased after six months perod on 19 December 2018. This is because under Section 92 of J&K Constitution, there is no provision for further continuation of such Proclamation after six months period. Thereby, on Governor’s recommendation and in regard to prevailing situation in J&K, President of India issued a proclamation promulgating President’s Rule in J&K under Article 356 of Indian Constitution. Later, on 28 December 2018 a resolution approving President’s Rule proclamation by President was passed in Lok Sabha and on 3 January 2019 in Rajya Sabha.
The Election Commission of India (ECI) stated that under Article 324 of Indian Constitution and other extant laws/rules etc. it took unanimous decision of holding of Jammu and Kashmir Assembly elections later in this year. The EC now confirmed that election schedule for state will be announced after the conclusion of Amarnath Yatra in August 2019. The Commission will also keep regular and real-time monitoring of situation in J&K as well as taking inputs from all necessary quarters for successful conduction of election.
About President’s Rule
Article 356 of constitution of India empowers President to issue a proclamation of Present’s Rule (or State Emergency), if he is satisfied that a situation has arisen in which government of a state cannot be carried on in accordance with provisions of Constitution. Thus, President’s rule is also called Constitutional Emergency as it deals with failure of constitutional machinery in State. The President can act in accordance with or without the report of Governor of state.
President’s Rule in a state can continue for a period of 6 months and after this period it can be extended for another term with approval of both houses of Parliament (Lok Sabha and Rajya Sabha) but for a maximum period of 3 years.
Month:Current Affairs – June, 2019
Categories: Politics & Governance • UPSC
Tags: Amarnath Yatra • Article 324 • Article 356 • Bharatiya Janta Party • Constitution of India • Constitutional Emergency • Election Commission of India • J&K Governor • Jammu and Kashmir • Jammu and Kashmir Assembly Elections • Lok Sabha • Peoples Democratic Party • President of India • President’s Rule • Prime Minister Narendra Modi • Rajya Sabha • Satya Pal Malik • Section 92 of J&K Constitution • State Emergency • Union Cabinet