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Lok Sabha approves President’s Rule in J&K for six months

Date: 29 June 2019 Tags: Bills & Laws

Lok Sabha has approved statutory resolution to extend President’s Rule in Jammu and Kashmir under Article 356 of the Constitution for another six months with effect from July 3, 2019. The statutory resolution in this regard was moved by Union Home Minister Amit Shah. It mentioned that it is necessary to impose President’s Rule since state assembly has been dissolved and Election Commission has decided to hold fresh elections in Jammu and Kashmir later this year.

Background

The Governor’s rule was imposed on J&K in June 2018 after state government headed by then Chief Minister Mehbooba Mufti had collapsed after BJP had pulled out of her governor. Later after failure of formation government in six months, President’s rule was imposed in December 2019 for six months.

Article 356 (President’s Rule)

It empowers President of India to issue a proclamation of Present’s Rule (or State Emergency), if he is satisfied that situation has arisen in which government of a state cannot be carried on in accordance with provisions of Constitution.  It 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.

Duration of President’s Rule in a state: Once proclaimed, it can continue for period of 6 months at a time and after that it has to be extended for another six month term with approval of both houses of Parliament (Lok Sabha and Rajya Sabha), but this can be for maximum period of 3 years.

Governor’s Rule in Jammu & Kashmir

In case of failure of constitutional machinery in any other state of India, President’s Rule under Article 356 of the Constitution is directly imposed (bringing state under Centre’s rule). However, in case of failure of constitutional machinery J&K, Governor’s Rule (it is different from President’s Rule) is imposed for period of six months in the state as per Section 92 of J&K Constitution (only after the consent of the President of India).

During the Governors rule, State Legislative Assembly is either suspended or dissolved and the state completely comes under direct Central rule through Governor. If the Constitutional machinery in state is not restored before expiry of this six month period of Governor’s Rule, then provisions of Article 356 of Constitution of India (dealing with President’s) are extended to J&K and President’s rule is imposed in the State.