Constitution Current Affairs

Governor’s Rule imposed in Jammu and Kashmir

President Ram Nath Kovind has given his assent to imposition of Governor’s rule in Jammu and Kashmir. This is the eighth time in the last four decades J&K was put under Governor’s rule and third time under J&K Governor N N Vohra tenure.

Key Facts

President’s approval comes after J&K Governor N N Vohra sent his report to President recommending imposition of Governor’s rule in the state day after Mehbooba Mufti-led PDP-BJP government collapsed with BJP ending the three-year-old alliance with PDP, prior to completion of six-year term of the current Assembly which was going to end in March, 2021. No major political party showed interest in forming or continuing any coalition for government in the state. With Governor’s rule, J&K Legislative Assembly has been put under suspended animation.

Governor’s Rule in Jammu & Kashmir

In case of failure of constitutional machinery in any other state of India, President’s Rule is imposed under Article 356 of the Constitution. But in case of J&K, as per Section 92 of state Constitution, Governor’s Rule s imposed in the state only after the consent of the President of India in case of failure of constitutional machinery for period of six months. During the Governors rule, State Assembly is either suspended or dissolved. If the Constitutional machinery is not restored before the expiry of this six month period, the provision of Article 356 of the Constitution of India are extended to J&K and the President’s rule is imposed in the State.

Month: Categories: India Current Affairs 2018

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Constitution 123rd Amendment Bill, 2017 passed in Lok Sabha

Lok Sabha has passed Constitution 123rd Amendment Bill, 2017 which seeks to give constitutional status to National Commission for Backward Classes. The bill was passed by the house with 360 MPs voting in favor and 2 against the bill.

Objectives of the Bill

The Constitution 123rd Amendment Bill seeks to make the following changes:

  • It seeks to insert a new article 338B in the constitution which provides for NCBC, its composition, mandate, functions and various officers.
  • Insert a new article 342-A which empowers the president to notify the list of socially and educationally backward classes of that state / union territory. In case of a state, president will make such notification after consultation with the Governor. Under the same article, it is proposed that parliament by making a law can include or exclude the classes from the central list of backward classes.

Background

The government had created a Commission for the Scheduled Castes and Scheduled Tribes via a resolution in 1987. It was given constitutional status by passing Constitution (65th amendment) Act, 1990, leading to creation of National Commission of Scheduled Castes and Scheduled Tribes (NCSCST) in 1992. Via the Constitution (89th Amendment) Act, 2003; the NCSCST was split into two different commissions viz. NCSC and NCST by inserting Article 338-A. NCSC was mandated to look into the grievances and complaints of backward classes also. However, in 1992, the Supreme Court in Indra Sawhney case had directed the government to create a permanent body to entertain, examine and recommend the inclusion and exclusion of various Backward Classes for the purpose of benefits and protection. Towards this, the parliament passed National Commission for Backward Classes Act in 1993 and constituted the National Commission for Backward Classes as a statutory body. Currently, this body is responsible to look into the inclusion and exclusion of backward classes only. To safeguard the interests of these classes more effectively, there was a need to give constitutional status to NCBC. For this purpose, the above said amendment has been introduced and passed in Lok Sabha. The bill will now need to be passed in Rajya Sabha to become act.

Since the National Commission for Backward Classes Act, 1993 becomes irrelevant  once this bill becomes an act; Lok Sabha has also passed a separate bill to repeal that act.

Month: Categories: Bills and Acts

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