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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