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| As President Ram Nath Kovind issues Proclamation JK comes under President's Rule | | |  Jehangir Rashid
Early Times Report
SRINAGAR, Dec 19: President Ram Nath Kovind today issued a proclamation regarding imposition of President's Rule in Jammu & Kashmir and with the same the President would take over the reins of the state from midnight.
In his proclamation President Kovind said that he has received a report from Jammu & Kashmir Governor Satya Pal Malik and after feeling satisfied with the report and also the situation that has come up it is clear that the functioning of the state cannot be carried out under the provisions of Constitution of India and as such he is imposing the President's Rule in the state.
The President said that he is invoking Article 356 of the Constitution of India following which he would take over the control of the state. The imposition of President's Rule in Jammu & Kashmir became necessary as the six month tenure of Governor's Rule is coming to an end tonight.
"In pursuance of sub-clause (i) of clause (c) of the Proclamation issued on this the 19th day of December, 2018, by me under Article 356 of the Constitution of India, I hereby direct that all the functions of the Government of state of Jammu and Kashmir and all the powers vested in or exercisable by the Governor of that state under the Constitution and the Constitution of Jammu and Kashmir or under any law in force in that state which have been assumed by the President by virtue of clause (a) of the said Proclamation shall subject to the superintendence , direction and control of the President, be exercisable also by the Governor of the said state," reads the Presidential Order issued today.
The Union Cabinet headed by Prime Minister Narendra Modi took the decision on Monday after state governor Satya Pal Malik sent a report recommending imposition of President's rule in the state. After the proclamation, the powers of the Legislature of the state shall be exercisable by or under the authority of Parliament.
Since the state does not come under President's rule under Article 356 of the Constitution and is promulgated under Section 92 of the state Constitution, all the decisions taken 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.
The Governor's Rule was imposed in Jammu and Kashmir on June 20 after the BJP?withdrew support to the PDP in a coalition government. Elections will have to be held in the state within six months of the imposition of the President's Rule, according to the Constitution.
The 87-member state assembly was abruptly dissolved on November 22 following rival claims to form the government. The first came from PDP chief Mehbooba Mufti, who claimed the support of rival Omar Abdullah's National Conference and the Congress. The second claim was that of People's Conference chief Sajad Lone, who was backed by the BJP.
The proclamation makes it clear that the powers of the state legislature shall be exercised by or under the authority of Parliament. Due to the special status enjoyed by J&K, Article 356 cannot be invoked to impose President's rule. But, as per section 92 of J&K constitution, the state is placed under Governor's rule for the first six months and Centre's rule can be extended by following it with President's rule. |
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