Guv sends note to MHA
Legislature, other powers to shift to Parl
Sanjeev Pargal
JAMMU, Dec 17: Following recommendation by Governor Satya Pal Malik, the Central Government has approved imposition of President’s rule in the State after completion of Governor’s rule on December 19 and a proclamation to this effect was expected to be issued by President Ram Nath Kovind in the next two days.
With the imposition of President’s rule in the State, the powers of Legislature which were vested with the Governor for six months during the Governor’s rule, will shift to Parliament, where ruling NDA doesn’t command majority in Rajya Sabha. However, it has majority in Lok Sabha.
Apart from the powers of legislation, major financial powers will also shift to the Parliament, official sources told the Excelsior pointing out that it was in this context that the Governor had approved the State budget for financial year 2019-20 a day before and cleared three legislations on Cooperative Banks and bovine breeding today.
Sources said the Governor had recently recommended to the Union Home Ministry the imposition of President’s rule in Jammu and Kashmir after expiry of six-month Governor’s rule in the State on December 19.
“After receiving recommendation from the Governor, the Union Home Ministry headed by Rajnath Singh put the proposal before the Cabinet, which has given nod to imposition of President’s rule in the State,” sources said, adding that following the Cabinet nod, the Home Ministry has sent the proposal to Kovind for issuance of proclamation imposing President’s rule in the State.
Kovind’s proclamation will declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament, which was till now vested with the Governor of J&K.
“As Jammu and Kashmir has a separate Constitution, in such cases, six months of Governor’s rule is compulsory under Article 92 of the Jammu and Kashmir Constitution, under which all the Legislature powers are vested with the Governor. The powers shift to the Parliament only after imposition of President’s rule in the State,” sources said.
The State Government had to work hard to get the budget approved before December 19 as the powers to pass the budget would have shifted to the Parliament during President’s rule. The Parliament has been facing repeated adjournments in the winter session, which is scheduled to conclude on January 8.
The Governor’s rule was imposed in the State on June 20 after the BJP withdrew support to Mehbooba Mufti-led PDP-BJP coalition Government, leading to fall of the Government. The Governor’s rule was imposed by then Governor NN Vohra, who was replaced by Satya Pal Malik on August 23.
Malik had dissolved the Legislative Assembly on November 21 following claims and counter claims by PDP president Mehbooba Mufti and People’s Conference chairman Sajjad Lone of majority in the Assembly and wanting the Governor to invite them to form next Government in the State.
Alleging horse-trading, the Governor had dissolved the Assembly.
As per the Apex Court directions, the Assembly elections in every State had to be conducted within six months of dissolution of the House.
In case the elections are not declared, President Rule can be extended by another six months.
No Presidential proclamation shall in any case remain in force for more than three years except for the intervention of Election Commission of India which has to certify that the continuance in force of the proclamation is necessary on account of difficulties in holding general elections to the Legislative Assembly, sources said.
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 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.
Under the President’s rule, the Governor had to seek clearance from the President and the Parliament for important decisions.
Jammu and Kashmir had witnessed longest spell of President’s rule for nearly six years from 1989 to 1996 as then Chief Minister Dr Farooq Abdullah had resigned in 1989 after appointment of Jagmohan as new Governor of the State by the then VP Singh Government. The President’s rule had ended in October 1996 after Farooq Abdullah was again elected as the Chief Minister heading National Conference Government with two-third majority.
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