New Delhi: The Centre Sunday revoked President’s Rule in Jammu and Kashmir and, in turn, cleared the way for the formation of a new government to be led by Omar Abdullah in the Union territory (UT).
“In exercise of the powers conferred by Section 73 of the Jammu and Kashmir Reorganisation Act, 2019 read with Articles 239 and 239A of the Constitution of India, the order dated the 31st October 2019 in relation to the Union territory of Jammu and Kashmir shall stand revoked immediately before the appointment of the chief minister under Section 54 of the Jammu and Kashmir Reorganisation Act, 2019,” said the gazette notification issued by the Ministry of Home Affairs (MHA) and signed by President Droupadi Murmu.
Section 73 of the 2019 act envisages a scenario where the constitutional machinery fails. In such a situation, if the President, on receiving a report from the lieutenant governor of Jammu and Kashmir, or even otherwise, is satisfied that a situation has arisen in which the UT’s administration cannot be carried on in accordance with the 2019 Act, he or she may impose the President’s rule in the state.
Additionally, if the President deems it necessary or expedient, he or she may, by order, “suspend the operation of all or any of the provisions of this act for such period as he thinks fit and make such incidental and consequential provisions as may appear to him to be necessary or expedient for administering the Union territory of Jammu and Kashmir in accordance with the provisions of this Act” for the proper administration of Jammu and Kashmir. Simply put, this provision allows for the imposition of President’s Rule in Jammu and Kashmir.
On the other hand, Articles 239 and 239A of the Constitution deal with the administration of UTs and the creation of local legislatures, a council of ministers, or both, for certain UTs. The former provision says that unless provided for by Parliament by law, every UT “shall be administered by the President acting, to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify”.
It also allows the President to appoint a state governor as the administrator of an adjoining UT, who will then exercise his or her functions “independently” of the council of ministers.
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What is President’s Rule?
Article 356 of the Constitution relates to imposing President’s Rule. Article 356(1) allows the President, on receiving a report from the governor of a state or even otherwise, to, by proclamation, declare his or her rule if he or she is satisfied that a situation has arisen in which the state government cannot be carried on in accordance with constitutional provisions.
This provision allows the President to “assume to himself all or any of the functions of the government of the state and all or any of the powers vested in or exercisable by the governor or any body or authority in the state other than the legislature of the state”.
Under this provision, the President can declare that the powers of the state legislature are exercisable by or under Parliament’s authority. In doing so, the President can also make provisions that are “incidental and consequential” to give effect to the proclamation’s object, including suspending, in whole or in part, the operation of the constitutional provisions that relate to any body or authority in the state.
However, it must be noted that nothing in the said provision allows the President to assume the powers vested in or exercised by the high courts or to suspect wholly or partly any constitutional provision that relates to HCs.
Revocation & extension of President’s Rule
Article 356(2) allows for President’s Rule to be revoked/withdrawn or modified at any time through a subsequent proclamation.
Nearly all proclamations, except revocatory ones, cease to operate once two months lapse, unless they are approved by both Houses of Parliament before the expiry period.
Unless revoked, all approved proclamations are to operate for six months from the date of issuance. To extend the continuance of such proclamation in force, another resolution authorising the same may be passed by both Houses of Parliament. Such an extension, unless revoked, will continue in force for six months, from the date on which it would cease to operate, but in any case, it will not extend for over three years, says the proviso to Article 365(4).
The provision also contemplates a scenario where if the House of the People, or the Lok Sabha, dissolves during the six-month period in which the proclamation is in force, the proclamation will cease to operate at the end of 30 days from the date on which the Lok Sabha first sits, after it is reconstituted, unless it receives approval from the House before the expiry of the 30 days.
It must also be noted that the extension of such proclamations beyond a year from the date of their issuance will not be allowed by either House unless certain conditions are satisfied.
Under what conditions can these be extended?
The following are the conditions for extending the duration of President’s Rule for more than one year from the date on which it was issued.
First, a proclamation of Emergency should be in operation, in the entire country or, any part of it, at the time the resolution is being passed.
Second, the Election Commission must certify that the continuance in force of the proclamation is justified or “necessary on account of difficulties in holding general elections” to the concerned legislative assembly.
What powers does President’s Rule come with?
According to Article 357, Parliament has the power “to confer on the President” the power of the state legislature, to make laws, and authorise the President to delegate this power conferred on him or her, to any other authority specified by him or her, subject to conditions he or she thinks fit to impose.
Parliament, the President or other specified authority on whom such law-making powers are conferred can make laws conferring powers and imposing duties, or authorise the conferment of such powers and duties, on the Centre or its officers and authorities.
Under this provision, the President can authorise expenditure from a state’s consolidated fund, pending sanction from Parliament, even when the Lok Sabha is not in session.
Any law made under this provision in the exercise of the state legislature’s power by Parliament or the President, which they wouldn’t have the authority to make without the proclamation of President’s Rule, will cease to operate unless altered, repealed, or amended by the competent legislature or authority.
What is the situation in J&K right now?
Last week, the National Conference-Congress alliance won the Jammu and Kashmir assembly elections and is now all set to form a government.
Nearly five years ago, President’s Rule was imposed in Jammu and Kashmir, following the division of the erstwhile state into two UTs, that is, Jammu and Kashmir and Ladakh, on 31 October 2019. There have been at least nine instances of the imposition of President’s Rule in Jammu and Kashmir, between the years 1977 and 2019.
In December 2018, President’s Rule was imposed in the state. This marked the first instance of imposition of central rule in the state, since 1996.
About two months before the state’s bifurcation into two UTs, Parliament passed the Jammu and Kashmir Reorganisation Act, 2019 on 5 August 2019. Article 370 of the Constitution, which conferred a special status on the erstwhile state, was also done away with the same day.
Before the bifurcation of the erstwhile state, central rule was in place there from June 2017, after the then CM Mehbooba Mufti resigned, following the withdrawal of the Bharatiya Janata Party’s support for the Jammu and Kashmir Peoples Democratic Party (PDP) government.
(Edited by Radifah Kabir)
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