President’s Rule Current Affairs - 2019

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President’s rule comes into effect in Jammu & Kashmir

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.

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SC orders restoration of Congress Government in Arunachal Pradesh

The Supreme Court has ordered the restoration of former Chief Minister Nabam Tuki’s Congress government in Arunachal Pradesh.

Verdict in this regard was given by a five-judge constitution bench headed by Justice JS Kehar on a bunch of petitions.

These petitions were dealing with discretionary powers of Governor Jyoti Prasad Rajkhowa to summon or advance the assembly session.

SC Verdict

  • Governor’s decision advancing session of the state assembly by a month is violative of the Constitution and is liable to be quashed.
  • All steps and decision taken by the Legislative Assembly pursuant to Governor’s December 2015 are unsustainable and have been set aside.
  • Struck down removal of speaker Nabam Rebia and he should be restored back as Speaker of the House.

Comment

  • The SC judgment means the present Arunachal Pradesh government headed by Chief Minister Kalikho Pul would have to step down and make way for then Congress government headed by Nabam Tuki.
  • It also for the first time in this history, Supreme Court has put back a state government that had been dismissed by the Centre under the President’s rule (under Article 356).

Background

  • The north eastern state of Arunachal Pradesh had plunged into political crisis in November 2015 after 21 of the Congress’ legislators of the total 47 had rebelled against then CM Nabam Tuki.
  • The rebellion had reduced the Congress government to 26 legislators (i.e. in minority) in the 60-member assembly.
  • Following the political crisis, the Union Government had imposed President’s rule under Article 356 of Constitution on January 26, 2016.
  • Later the leader of the Congress dissidents’ faction, Kalikho Pul, was sworn in as the 9th Chief Minister in February 2016 with support of twenty rebel Congress legislators and 11 BJP legisators.
For more details: Union Cabinet clears President’s rule in Arunachal Pradesh

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