Article 356 Current Affairs - 2019
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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.
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).
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.
Tags: Amarnath Yatra • Article 324 • Article 356 • Bharatiya Janta Party • Constitution of India • Constitutional Emergency • Election Commission of India • J&K Governor • Jammu and Kashmir • Jammu and Kashmir Assembly Elections • Lok Sabha • Peoples Democratic Party • President of India • President’s Rule • Prime Minister Narendra Modi • Rajya Sabha • Satya Pal Malik • Section 92 of J&K Constitution • State Emergency • Union Cabinet
The state of Jammu and Kashmir has come under President’s rule from 20th December 2018 as Governor’s rule in the state completed its six months. It implies that now all the policy decisions related to Jammu and Kashmir will be taken by the Union Cabinet.
The state faced a political crisis when 25-member BJP withdrew its support from Mehbooba Mufti-led coalition government, reducing it to a minority government in the state. Thereafter, the Governor’s rule was imposed in the state.
In the case of Jammu and Kashmir, which has a separate Constitution, six months of Governor’s rule is mandatory before President’s rule under Article 92 of its Constitution. All the legislative powers are exercised by the Governor in case of Governor’s rule.
Now, after the proclamation for the President’s rule has been made, the legislative powers of the state shall be exercised under the authority of Parliament. The Prime Minister and the Council of Ministers will aid and advise the president regarding the decisions related to the state.
About President’s Rule:
- Under Article 356 of the Indian Constitution,the Union government can take over the affairs of the state government when state government is unable to function according to the constitutional provisions. This is called as President’s rule in the state.
- President’s Rule in a state can continue for 6 months.
- It can be extended, with the approval of both the houses done every 6 months, for a maximum of 3 years
For President’s rule to continue over a year every 6 months following conditions should be met: 1. There should already be a National emergency across the country, or in the whole or any part of the state. 2. The Election Commission of India should certify that the conduct of elections is not possible in the concerned state.