J&K all set for President’s rule

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Context:

  • The State of J & K was all set for President’s rule in January as there were no plans to dissolve the Assembly yet.

A separate Constitution:

  • Since J&K has a separate Constitution, Governor’s rule is imposed under Section 92 for six months after an approval by the President.
  • In case the Assembly is not dissolved within six months, President’s rule under Article 356 is extended to the State. Governor’s rule expires in the State on January 19.

Governor’s rule in J&K

  • 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.’

Article 370 section 92:

If at any time, the Governor is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the Governor may by Proclamation:

  • Assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by anybody or authority in the State.
  • Make such incidental and consequential provisions as appear to the Governor to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provision of this Constitution relating to anybody or authority in the State.

Key Facts:

  • Any such Proclamation may be revoked or varied by a subsequent Proclamation. Any such Proclamation whether varied under subsection (2) or not, shall except where it is a Proclamation revoking a previous Proclamation, cease to operate on the expiration of six months from the date on which it was first issued.
  • If the Government or by a Proclamation under his section assumes, to himself any, of the powers of the Legislature to make his laws, any law made by him in the exercise of that power shall, subject to, the terms there of continue to have effect until two years have elapsed from the date on which the proclamation ceases to have effect, unless sooner.
  • No Proclamation under this section shall, except where it is a Proclamation revoking a previous Proclamation, be laid before each House of the Legislature as soon as it is convened.

President’s Rule in the Indian context

  • 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 government at the Centre, will replace the Chief Minister as the chief executive of the State.
  • The state will fall under the direct control of the Union government, and the Governor will continue 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.

Source: TH & Laxmikanth