Governor to exercise functions of state under superintendence of the President of India; Parliament to exercise powers of state legislature
At the end of the six-month Governor’s rule, Jammu and Kashmir Wednesday came under direct rule by the President of India, the third time ever in the state’s political history as part of the Indian union.
The state was brought under Governor’s rule on June 20, a day after the elected government led by Mehbooba Mufti collapsed following withdrawal of support by the ruling Bharatiya Janata Party to her Peoples Democratic Party.
The President, Ram Nath Kovind signed a proclamation under Article 356 of the Constitution of India, bringing the state under direct central rule after a gap of 22 years.
The last spell of President’s rule of J&K ended in 1996 when Farooq Abdullah became chief minister at the peak of insurgency in the state.
An official told Greater Kashmir that Governor Satya Pal Malik had sent the recommendation for imposition of central rule in the state to the Kovind nearly 15 days earlier.
Subsequently on Monday, the union cabinet headed by Prime Minister Narendra Modi approved the recommendation.
This is the third time President’s rule is imposed in the state.
On November 21, five months after the imposition of Governor’s rule J&K state Assembly was dissolved as PDP president Mehbooba Mufti and Peoples Conference chief Sajad Gani Lone staked separate claims for forming a government in the state.
According to the proclamation bringing the state under his direct rule, President Kovind has assumed to himself all the functions of the government of the state and all powers vested in or exercisable by the Governor of the State under the Constitution of India and J&K’s own Constitution.
The proclamation states that all the functions of the Government of J &K assumed by the President shall be exercised also by the Governor of J&K subject to the superintendence, direction and control of the President.
The President also declared that the powers of the state legislature shall be exercisable by or under the authority of the Indian Parliament.
During the turbulent 1990s, when J&K remained under direct central rule for six years, the powers of state legislature were exercised by the Parliament for two years.
In 1992, the Parliament came up with a law to authorise the President to exercise the powers of J&K legislature, citing busy schedule of the Lok Sabha and Rajya Sabha.
This is the third time President’s rule has been imposed in J&K.
The first spell was in 1986 after the Congress party withdrew support to Ghulam Muhammad Shah-led government which was formed after splitting the National Conference.
After the collapse of the Shah-led government, the state came under Governor’s rule followed by President’s rule.
The state was brought under President’s rule for the second time on July 19, 1990 following resignation of Farooq Abdullah-led government and the historic outbreak of armed militancy.
It continued right up to 1996 when Farooq Abdullah was installed as the state’s chief minister again.