(The Gist of PIB) President’s (not Governor’s) Rule in J and K [JUNE-2019]

    (The Gist of PIB) President’s (not Governor’s) Rule in J and K [JUNE-2019]

President’s (not Governor’s) Rule in J and K

• Based on the prevailing situation in the state as stated in the report of Governor of Jammu and Kashmir, the Union Cabinet, chaired by the Prime Minister Narendra Modi has approved the extension of President’s Rule in Jammu and Kashmir for a further period of six months with effect from 3rdJuly, 2019, under article 356(4) of the Constitution of India.

Implications:

• The decision implies that the President’s rule in Jammu and Kashmir will be extended for a further period of six months with effect from 3rd July, 2019.
• The present term of President’s Rule is expiring on 2nd July, 2019and the Governor has recommended that the President Rule in the State may be extended for a further period of six months with effect from 3rd July, 2019.

Implementation:

• A resolution seeking approval of parliament for the same will be moved in both the houses of parliament during the forthcoming session.

Background:

• The Governor of Jammu and Kashmir issued a proclamation on 20.6.2018 under Section 92 of the Constitution of Jammu and Kashmir with the concurrence of the President of India, thereby assuming to himself the functions of the Government and Legislature of the State and making some incidental and consequential provisions. The State Assembly, initially kept in suspended animation was dissolved by the Governor on 21.11.2018.
• The proclamation issued by the Governor on 20.6.2018 ceased on 19.12.2018 after six months. Under Section 92 of the Constitution of Jammu and Kashmir, there is no provision for further continuation of such Proclamation after six months.
• Hence, on the recommendation of Governor and having regard to the prevailing situation in the State, President issued a proclamation promulgating President’s Rule in J and K under article 356 of the Constitution of India. Subsequently, a Resolution approving the subject Proclamation by President was passed in the Lok Sabha on 28.12.2018 and in the RajyaSabha on 3.1.2019.
• The present term of President’s Rule is expiring on 2nd July, 2019and the Governor has recommended that the President Rule in the State may be extended for a further period of six months with effect from 3rd July, 2019.

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Courtesy: PIB