President’s rule is set to be imposed in Jammu and Kashmir from Thursday as the Governor Satya Pal Malik’s rule expires in the state today, after six months. The Centre is learnt to have recommended President’s rule after a report by Governor Satya Pal Malik.
According to Union Home Ministry sources the Union Cabinet has given its go-ahead for President’s rule after December 19. It must be remembered that this is the third attempt by the BJP to impose President’s rule in a state where its own political ambitions have faltered — Arunachal Pradesh, Uttarakhand and now Jammu and Kashmir.
Now, President Ram Nath Kovind will have to issue a proclamation declaring that the powers of the legislature of the state shall be exercisable by or under the authority of Parliament. The state plunged into a political crisis in June this year after the Mehbooba Mufti-led coalition government was reduced to a minority following withdrawal of support by the 25-member BJP in the state.
Since the state has a separate Constitution, in such cases, six months of Governor’s rule is compulsory under Article 92 of the Jammu and Kashmir Constitution, under which all the legislative powers are vested with the Governor.
The Governor has to dissolve the Legislative Assembly after six months. The state then directly comes under President’s rule for another six months after which elections have to be held in the state. In case the elections are not declared, President’s rule can be extended by another six months.