Pranab Mukherjee Current Affairs - 2019

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Governor’s rule imposed in Jammu and Kashmir

Governor’s rule has been imposed in the state of Jammu and Kashmir (J&K).

It was imposed after President Pranab Mukherjee approved the recommendation of J&K Governor N. N. Vohra as there is deadlock in the State over formation of a new government after state assembly election.

Earlier, Governor had submitted a report to the President, after caretaker Chief Minister Omar Abdullah had resigned.

Background

Jammu Kashmir State assembly election held in December 2014 had given hung verdict as no party has majority to form government in State.

In this election, Peoples Democratic Party (PDP) has emerged as the single largest party with 28 seats in the 87 members House. While Bhartiya Janta Party (BJP) has emerged second largest party winning 25 seats. But both parties failed to get the magic figure of 44 to form a government.

Other parties like National Conference (NC) have 15 MLAs while Indian National Congress (INC) has 12 MLA’s.

What is Governor Rule in Jammu & Kashmir?

  • In case of failure of constitutional machinery in any other state of India, the President’s Rule is imposed under Article 356 of the Constitution.
  • But in case of J&K, as per Section 92 of state Constitution, the Governor’s Rule can be imposed in the state for a period of six months only after the consent of the President of India in case of failure of constitutional machinery. 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.
  • It should be noted that, Governors rule has been imposed in the state for the 6 time since 1977.

Month: Categories: Governance & PoliticsStates

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President signs ordinance to pave way for e-rickshaws on Delhi roads

President Pranab Mukherjee has signed an ordinance to amend the Motor Vehicles Act, 1988 as per Article 123 of Constitution. This ordinance will pave the way for plying of e-rickshaws on roads of Delhi.

Earlier, in December 2014 Union Cabinet had approved promulgation of the ordinance as a bill in this regard was not able to pass in the recently concluded winter session of Parliament due to logjam in Upper House (Rajya Sabha).

Background

Previously in July 2014, Delhi High Court had banned E-rickshaws or battery-operated three-wheeler vehicles on safety concerns.

Union government had brought Motor Vehicles Amendment Bill, 2014 to amend to parent Act in order to legalize E-rickshaws. It was passed by the Lok Sabha.

Article 123 of Constitution: It gives legislative power to President. He can issue ordinances when Parliament is in recess i.e. not in session if there is urgent need to have a law on some urgent public matter.  The ordinance has similar effect to an act of parliament.

However, every ordinance must be laid and approved by both houses of the parliament within 6 weeks from the reassembling.  If not placed and approved by both houses of the parliament after reassembling it becomes invalid.

Month: Categories: Constitution & Law

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