President Ram Nath Kovind on Wednesday signed the proclamation for the imposition of central rule in Jammu and Kashmir from midnight that which plunged into a political crisis in June after the Mehbooba Mufti-led coalition government was reduced to minority following withdrawal of support by the 25-member BJP in the state. The J&K, which completed six months of Governor's rule on Wednesday, will come under President's rule paving the way for the Union cabinet to take all policy decisions related to the north Indian state.
According to the gazette notification, the President has received a report from Governor Satya Pal Malik and after considering it and other information, he was "satisfied" that President's rule in the state was needed.
"In pursuance...of the proclamation issued...by me under article 356 of the Constitution of India, I hereby direct that all the functions of the Government of the State of Jammu and Kashmir and all the powers vested in or exercisable by the Governor of that State...shall, subject to the superintendence, direction, and control of the President, (and) be exercisable also by the Governor of the State," the notification said.
The Union cabinet headed by Prime Minister Narendra Modi took the decision on Monday after Malik sent a report to the central government recommending imposition of President's rule in the state.
Six months of Governor’s rule is compulsory under Article 92 of the Jammu and Kashmir Constitution. All the legislature powers are vested with the governor during this period. The governor has to dissolve the Legislative Assembly after the tenure of six months is over and the state will directly come under the President’s rule for following six months during which elections have to be declared in the state. In case the elections are not declared, the President’s rule can be extended by another six months.
Since the state does not come under President’s rule under Article 356 of the Indian Constitution and is promulgated under Section 92 of the state Constitution, all the decisions taken thereof shall have a concurrence of the president under Article 74 (1)(i) under which council of ministers with the Prime Minister at the head will aid and advise the President.
(With PTI inputs)
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