President of India 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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Virendra Kumar: Pro-tem Speaker of 17th Lok Sabha

The Bharatiya Janta Party’s (BJP) Member of Parliament (MP) from Madhya Pradesh Dr Virendra Kumar will be the Pro-tem Speaker of 17th Lok Sabha.

Key Highlights

  • The 65 year old Virendra Kumar, is a seven-term MP. He won the 17th Lok Sabha election from Tikamgarh Lok Sabha constituency. Tikamgarh is one of the 29 parliamentary constituencies in Madhya Pradesh. He served as Minister of State (MoS) in previous Narendra Modi government (2014-2019).
  • The 1st all-party meet will be convened on 16 June 2019, before the 1st session of 17th Lok Sabha that will be held from 17 June to 26 July 2019.
  • Function: As Pro-tem Speaker, he will preside over the 1st sitting of newly constituted Lok Sabha, administer the oath of office to newly elected MPs, and also oversee the election of LS Speaker.
  • In the first week of session of 17th Lok Sabha, the Speaker and the Deputy Speaker to Lok Sabha will be elected.

About Pro-tem Speaker

  • The word Pro-tem is a Latin phrase which in English means ‘for the time being’ of ‘temporary’. Thus a Pro-tem Speaker performs the duties of office of Speaker from commencement of 1st sitting of newly constituted Lok Sabha till the election of the Speaker. This is because Speaker of last Lok Sabha vacates his office before the 1st meeting of newly elected Lok Sabha.
  • The Article 94 of constitution states that previous Speaker must resign immediately before 1st sitting of the new Lok Sabha.
  • Article 93 of constitution states that, a Speaker and Deputy Speaker to Lower House of Parliament must be elected in 1st sitting of Lok Sabha.
  • The appointment of Pro tem speaker is a convention and there is no provision mentioned in the Constitution for this position.
  • President appoints and administes the oath of a member of Lok Sabha as Pro-tem Speaker. By convention a seniormost Lok Sabha member is usually is selected.
  • A Pro-tem Speaker has powers same as a Lok Sabha Speaker. His main duty is to administer oath to newly elected members of parliament and election of new Speaker.
  • The office of Pro-tem Speaker ceases to operate once new Speaker is elected by members.

Month: Categories: Persons in News

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