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EditorialSwitching over to President’s Rule

Switching over to President’s Rule


With the end of Governor's rule in , the President's rule came into effect from midnight on Wednesday night. Wonderful thing was that what the Governor's SAC has done in the brief stint of 6 months in the sphere of governance and legislative functions, none of the popular government could do in many decades. The achievements in term of delivery of public services was made and felt better during this period. While the foundations has been laid in the matter of some very crucial issues, there is all likelihood that the ‘Popular' government that may succeed after the President's rule would be over, may reverse these popular decisions for their political expediency.
The Govenor's stint for six months has been very productive as a record number of decisions for public welfare and removing bottle-necks were taken. The change in the status from Governor's rule to President's rule has left many confused. This is because while in the rest of , the two are co-terminus as under Article 356 of the constitution, during President's rule the Centre exercises direct control over a state through the centrally-appointed Governor.
However, in the context of Jammu and Kashmir, for its special status, slightly different mechanism is in place. Here the failure of governmental function results in Governor's rule under Section 92 of the constitution of Jammu and Kashmir. The Governor later obtains the consent of the President of India. It is only when the Governor's rule is not revoked for six months that the President's rule is imposed in the state under Article 356.
The last time President's rule was imposed in Jammu and Kashmir was in 1996 when due to heightened militancy the state was plunged into turmoil. This time the reason for the imposition of President's rule is that the state was unable to form an alternate government after the collapse of the PDP-BJP alliance.
The gazette notification for imposition of President's rule was issued on Wednesday by the Ministry of Home Affairs. It stated that the President received a report from Malik and upon considering it was “satisfied” that President's rule was required.
After the proclamation, the powers of the legislature of the state shall be exercisable by or under the authority of parliament and 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, at the head, will aid and advise the President.

The Northlines is an independent source on the Web for news, facts and figures relating to Jammu, Kashmir and Ladakh and its neighbourhood.


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