SRINAGAR Jammu & Kashmir will come under Presidents Rule on December 20 after the Union Cabinet cleared the proclamation last night. The six-month Governors Rule comes to an end on December 19.
Following a recommendation by Governor Satya Pal Malik, the Central Government approved the imposition of Presidents rule in the State.
With the imposition of Presidents rule in the State, the powers of Legislature which were vested with the Governor for six months during the Governors rule will shift to Parliament, where ruling NDA doesnt command a majority in Rajya Sabha. However, it has a majority in Lok Sabha.
Apart from the powers of legislation, major financial powers will also shift to the Parliament, official sources said, pointing out that it was in this context that the Governor had approved the State budget for the financial year 2019-20.
Presidents 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 Governors rule is compulsory under Article 92 of the Jammu and Kashmir Constitution, under which all the legislative powers are vested with the Governor. The powers shift to the Parliament only after imposition of Presidents 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 Presidents rule. The Parliament has been facing repeated adjournments in the winter session, which is scheduled to conclude on January 8.
Governors Rule V/s Presidents Rule
President’s Rule refers to a state in India coming under the direct rule of the President of India (indirectly the PM and Union Cabinet). This happens when there is a breakdown in the constitutional machinery in a particular state under Article 356 of the Constitution. The legislature of the state concerned is either put into suspended animation or is dissolved. The President exercises his rule through the Governor of the state.
Governor’s Rule, however, only applies to the State of Jammu and Kashmir. This is because J&K has a separate constitution altogether. Failure of constitutional machinery in J&K results in Governor’s rule, imposed by invoking Section 92 of the Constitution of Jammu and Kashmir. The proclamation is issued by the J&K Governor after obtaining the consent of the President of India.
However, Governor’s Rule must be officially revoked/cancelled within 6 months of imposition. Else, President’s Rule under Article 356 of the Indian Constitution is imposed in J&K
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