Satya Pal Malik Current Affairs - 2020

Girish Chandra Murmu sworn in as first Lieutenant Governor of J&K

Girish Chandra Murmu (59) took oath as the first Lieutenant Governor of Union Territory of Jammu and Kashmir on 31 October 2019. He was administered the Oath of Office and Secrecy by Justice Gita Mittal, Chief Justice of Jammu and Kashmir High Court at function held at Raj Bhawan at the foothills of the Zaberwan range. He will preside over the last Governor of Jammu and Kashmir (position now abolished), Satya Pal Malik who now moves to Goa for the remainder of his tenure as the governor.

The reorganization of erstwhile State of Jammu & Kashmir into Union Territories of Jammu & Kashmir and Ladakh came into existence on the birth anniversary of Iron man of India, Sardar Vallabhbhai Patel. The creation of two new UTs of J&K and Ladakh follows a landmark decision by centre to abrogate Article 370 and 35A of constitution on 5 August 2019.

About Girish Chandra Murmu

Born 21 November 1959, G C Murmu is an MBA in public service and also holds a post graduate in political science. He is a 1985 batch Indian Administrative Service (IAS) officer of Gujarat cadre and has served as principal secretary to Narendra Modi during his tenure as Chief Minister of Gujarat.

He took charge as the first Lieutenant Governor of J&K after the formation of new Union territory of Jammu and Kashmir under the Jammu and Kashmir Reorganisation Act, 2019.

NOTE:  Lieutenant Governors are appointed by President of India for a term of 5years.

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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.

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