Rajya Sabha 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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Thawarchand Gehlot appointed as Leader of Rajya Sabha

Thawarchand Gehlot, Union Minister of Social Justice and Empowerment was recently appointed as Leader of Rajya Sabha (Council of States). The Leader of the Rajya Sabha is appointed by the party in power at Centre.

This position was occupied by senior BJP leader and former Union Finance Minister, Arun Jaitley in previous Narendra Modi-led government (2014-2019).

About Thawarchand Gehlot

  • The 71-year-old Gehlot, is leader from Madhya Pradesh has almost four decades of legislative experience.
  • Apart from being an experienced parliamentarian, he is a member & general secretary of ruling Bharatiya Janata Party (BJP).
  • He belongs to Scheduled Caste and is a Dalit face of saffron party.
  • He has been a member of state legislative assembly for several terms and has also served in Lok Sabha as well as Rajya Sabha.
  • He became a Rajya Sabha member in 2012 and was re-elected to Rajya Sabha from Madhya Pradesh in 2018. This new term of his will end in 2024. A member to Upper House of Parliament has a term of 6 years.

Leader of Rajya Sabha (Upper House of Parliament)

  • A Leader of House is a Rajya Sabha member who either holds a rank of cabinet minister or another nominated minister. The Leader has a seat next to ex-officio Chairperson of Rajya Sabha (the Vice President of India), in the front row.
  • The term Leader of the House has been defined in Rule 2(1) of Rules of Procedure and Conduct of Business in the Rajya Sabha.
  • Gopalaswami Ayyangar was the 1st Leader of the House in Rajya Sabha.

Month: Categories: Persons in News

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