Guv rule ends in J&K, Prez’s rule from today
The NC and PDP are demanding early elections
THE GOVERNOR RULE WAS IMPOSED IN J&K ON JUNE 20 AND AS PER THE CONSTITUTION OF THE STATE SIX MONTHS OF PRESIDENT’S RULE WILL BEGIN FROM TODAY
SRINAGAR:AHEAD of President rule, which will come into effect from Thursday in Jammu and Kashmir (J&K), National Conference (NC) president Farooq Abdullah on Wednesday pitched for early elections in the state.
“Governor and President rule must come to an end. There should be elections and people should choose their own representatives,” Farooq Abdullah, NC president, said in Srinagar.
The NC and Peoples Democratic Party (PDP) after dissolution of the assembly, leading to imposition of governor rule in the state, have been constantly demanding holding of elections in the state at the earliest.
Earlier, PDP president Mehbooba Mufti had blamed governor Satya Pal Malik of taking decisions against the interest of the state and had demanded holding of fresh elections. The governor rule was imposed in J&K on June 20, and as per the Constitution of the state six months of President’s rule will begin from Thursday after a presidential proclamation.
“Governor on Tuesday had recommended the Centre to impose President’s rule in the state in a communication to the Union home ministry. It will be taken up by the cabinet before the expiry of the governor rule on December 19,” officials privy to the matter said.
After the cabinet nod, the same would be signed by President Ram Nath Kovind, who will issue a proclamation declaring the powers of the legislature of the state will be exercised by or under the authority of the Parliament.
According to article 92 of the state’s Constitution, six months of governor rule is compulsory, and under the same all the legislative powers are vested with the governor.
The governor has to dissolve the legislative assembly after six months, paving the way for the President rule for the next six months, during which elections have to be declared in the state. In case the elections are not declared, President rule will/can be extended by another six months.
Earlier, the 87-member state assembly was abruptly dissolved on November 22. Later, rival camps staked claim to form government in the state. First, PDP chief Mehbooba Mufti, who allegedly had the support of Omar Abdullah’s NC and the Congress made the claim. Second claim came from the People’s Conference chief Sajad Lone, who was backed by the BJP. However, neither of the camps challenged the decision in court.
According to the state’s Constitution, no presidential proclamation shall 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 is necessary on account of difficulties in holding general elections. Since the state does not come under President 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 as the head would aid and advise the President.