The Union Cabinet on Wednesday approved an extension of President’s rule in Jammu and Kashmir for six more months beginning July 3,under article 356(4) of the Constitution of India, Union minister Prakash Javadekar made the announcement at a press briefing in New Delhi.
A meeting of the Union Cabinet, chaired by Prime Minister Narendra Modi, decided that central rule, which has been continuing in Jammu and Kashmir since June 20, 2018, will remain for six months.The decision was based on prevailing situation in state as stated in report of Governor of Jammu and Kashmir, Satya Pal Malik.
Jammu Kashmir has been under President’s rule since December 19, 2018. Earlier, it was placed under Governor’s Rule after the Bharatiya Janata Party (BJP) pulled out of the coalition government with PDP in June last year. It was imposed because under Section 92 of J&K Constitution, there is no provision for further continuation of such Proclamation after six months period. Later, resolution imposing President rules in J&K was approved by Parliament, (separately by Lok Sabha and Rajya Sabha).
The Election Commission of India (ECI) stated that under Article 324 of Indian Constitution and other extant laws/rules etc. have unanimously decided that holding of Assembly elections in Jammu and Kashmir shall be considered later in this year.The EC now confirmed that election schedule for state will be announced after the conclusion of Amarnath Yatra in August 2019. The Commission will also keep regular and real-time monitoring of situation in J&K as well as taking inputs from all necessary quarters for successful conduction of elections.
A resolution seeking approval of parliament for extending President’s Rule in J&K will be moved in both houses of parliament during the upcoming sessions.
Article 356 of constitution of India empowers President to issue a proclamation of Present’s Rule (or State Emergency), if he is satisfied that a situation has arisen in which government of a state cannot be carried on in accordance with provisions of Constitution. Thus, President’s rule is also called Constitutional Emergency as it deals with failure of constitutional machinery in State. The President can act in accordance with or without the report of Governor of state. President’s Rule in a state can continue for a period of 6 months at a time and after this period it can be extended for another term with approval of both houses of Parliament (Lok Sabha and Rajya Sabha) but for a maximum period of 3 years.