Article 324 Current Affairs - 2019

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Cabinet approves Governor’s Rule in J&K for another 6 months

The Union Cabinet chaired by Prime Minister Narendra Modi approved the extension of President’s rule under article 356(4) of Indian Constitution, in Jammu and Kashmir (J&K) for a period of 6 more months, beginning from 3 July 2019. The decision was based on prevailing situation in state as stated in report of Governor of Jammu and Kashmir, Satya Pal Malik.

The present term of President’s Rule is expiring on 2 July 2019 but as recommended by J&K Governor, the President Rule in State may be extended for a further period of six months with effect from 3 July 2019 if it gets parliamentary approval.

Implementation: 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 session.

Background

J&K was placed under Governor’s Rule after Bharatiya Janta Party (BJP) pulled out of coalition government with J&K’s Peoples Democratic Party (PDP) in June 2018. This Governor’s Rule was proclaimed under Section 92 of Constitution of J&K with concurrence of President of India.

It had resulted in Governor assuming to himself functions of Government as well as Legislature of J&K. During this time, State Assembly was initially suspended due to breaking of coalition government and was later dissolved by Governor in November 2018.

The President’s Rule under Article 356 of Indian Constitution was imposed in J&K after Governor’s rule imposed in June 2018 had ceased after six months period in December 2018.  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).

Way Forward

The Election Commission of India (ECI) stated that under Article 324 of Indian Constitution and other extant laws/rules etc. it took unanimous decision of holding of Jammu and Kashmir Assembly elections 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 election.

About President’s Rule

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.

Month: Categories: Constitution & Law

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Madras High Court Upholds Decision to cancel Vellore Poll

Madras High Court has dismissed two writ petitions filed against the Presidential decision to rescind the Lok Sabha poll notification for the Vellore parliamentary constituency in the wake of complaints of large-scale distribution of cash to voters.

Why the Lok Sabha Polls in the Vellore Constituency was cancelled?

Lok Sabha election to the Vellore constituency was cancelled following the recovery of a huge amount of cash allegedly from a DMK candidate’s office.

The Election Commission had decided to cancel the polls after the district police had filed a complaint against the accused, Kathir Anand (DMK Candidate from Vellore) as well as two party functionaries on the basis of a report from the Income Tax department on April 10.

Observation made by the Madras High Court

Writ petitions were filed by AIADMK candidate A.C. Shanmugam and independent candidate K. Sugumar, who sought a direction to the Election Commission (EC) to conduct polls for the Vellore constituency along with 38 others in the State on 18th April.

The Supreme Court rejected the petitioners claim that the Constitution does not confer upon the President any power to countermand an election and, therefore, a gazette notification issued by the Union Ministry of Law and Justice notifying the decision of the President to rescind the poll notification should be declared ultra vires.

The High Court pointed out that it was the EC that had made the recommendation for countermanding the polls to the President by exercising powers conferred on it under Article 324 of the Constitution, Section 21 of the General Clauses Act of 1897 and other enabling powers aimed at ensuring the conduct of free and fair elections.

It was the President who had notified the polls on March 19 on the basis of a recommendation made by the EC and by exercising powers conferred on him under Section 14 of the Representation of the People Act of 1951. Hence President was right in rescinding the notification on the basis of EC’s subsequent recommendation.

Month: Categories: Places in NewsUPSC

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