Constitution of India Current Affairs - 2019

Category Wise PDF Compilations available at This Link

Newly Appointed Governors of Chattisgarh and Andhra Pradesh

President Ram Nath Kovind has confirmed appointment of Rajya Sabha member Anusuiya Uikey as Governor of Chhattisgarh and Senior Bhartiya Janta Party (BJP) leader Biswa Bhusan Harichandan as Governor of Andhra Pradesh.

Anusuiya Uikey

  • She is a sitting member of Rajya Sabha from Madhya Pradesh.
  • She succeeds Anandiben Patel, who as Governor of Madhya Pradesh was also holding additional charge of Chhattisgarh due to sudden demise of Balram Das Tandon then Chhattisgarh Governor on August 2018.
  • She previously held the post of Minister of Women and Child Development in state government of Madhya Pradesh.
  • In 2000 she became a member of National Commission for Women and since then has been leading a campaign for tribal women’s empowerment.
  • She is the 1st tribal women to hold post of Governor of Chhattisgarh since formation of state in 2000.

Biswa Bhusan Harichandan

  • He is a Veteran Bhartiya Janta Party (BJP) leader.
  • He succeeds ESL Narasimhan, who is serving as Governor for Andhra Pradesh since December 2009.
  • In 1971 he became member of Bharatiya Jana Sangha and became its National Executive Member till formation of Janta Party in 1977. Later, he joined the BJP and served as BJPs President for Odisha from 1980 to 1988.
  • He was also detained during Maintenance of Internal Security Act (MISA) among several other leaders during Emergency. MISA now stands repealed.

Governors in India

Articles 152-162 (in Part VI) of Constitution of India contain the provision related to Governors of states.

Article 153: States that there shall be Governor for each state. The same person can serve as governor for two or more states, this was facilitated by 7th Constitutional Amendment Act, 1956.

Article 155: States that Governor is appointed by President by warrant under his hand and seal. By convention, governor’s appointment is done on recommendation of Prime Minister of India.

Eligibility: He/she should be at least 35 years of age (Article 157). Person so appointed should not hold any other office of profit (Article 158).

Tenure: There is no fixed tenure of governor. He/she holds office at pleasure of President.

Month: Categories: Constitution & Law

Tags:

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

Tags: