The Centre has recommended the imposition of President’s rule in Jammu and
Kashmir to meet the requirements of the constitution of J&K.
The Governor’s rule in the state is slated to expire on December 19.
The move came in the wake of a report sent to Union Home Ministry by Malik which recommended imposition of President’s rule in the state.
President Ram Nath Kovind will issue a proclamation declaring that the powers of J&K legislature shall be exercised by or under the authority of Parliament.
Jammu and Kashmir enjoys special status under which Article 356 cannot be invoked. ( Article 356 is invoked when a state government is unable to function according to constitutional provisions, and then the Centre takes direct control of the state machinery.)
But, under Section 92 of the J&K constitution, the state is placed under the Governor’s rule for the first six months. Now after the President’s rule, Centre’s rule can be extended in the state.
The state went under Governor’s rule on November 21, after it was hit with political chaos when BJP withdrew its 25 lawmakers from the PDP-BJP alliance in the state.
According to the constitutional provisions, the governor has to dissolve the legislative assembly after the completion of six months which leads to the President’s rule in the state for the next six months. During these 6 months, elections should be held in the state.
In case polls are not held, the President’s rule is extended by another six months.
Also, there is a constraint that this cannot be continued for more than three years unless
the Election Commission of India intervenes and certifies that there are difficulties in conducting elections in the state.