JK may come under President’s rule, following expiry of Guv rule on Dec 19: Report

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Srinagar: The Jammu and Kashmir region may likely come under President of India’s rule following the expiry of Governor’s rule on December 19, a report by PTI stated.

Citing official sources, the report said that President’s rule may become necessary since there is no official state government as of yet.

This is because under the region’s constitution, there is no provision which enables an extension of the Governor’s rule, which operates for six months.

The region has been in Governor’s rule following the collapse of the PDP-BJP coalition.

Jammu and Kashmir Governor Satya Pal Malik had told PTI last month that he was in favor of holding early elections in the region as he did not think a popular government could be formed out of the present House.

The 87- member assembly has currently no majority, with the Peoples Democratic Party having 28 MLAs, the BJP 25 and the National Conference 15.

The President’s rule can be imposed after the Prime Minister of India-headed Cabinet makes a recommendation to the President to this effect following a report of the governor.

If President’s rule is imposed, it will be effectively a “fresh spell” of the government of India’s rule even though it would be like an extension of the current spell of Governor’s rule, the source in the report said.

Under such circumstances, there is no need for the GoI to get parliamentary nod for extension of its rule beyond December 19, the report stated.

Governor’s rule in Jammu and Kashmir is imposed under Section 92 of the state’s Constitution, President’s rule is imposed under 356 of the Constitution of India.

Therefore, the GoI would not be required to get the approval from both Houses of Parliament for extension of its rule in Jammu and Kashmir if its rule is extended beyond December 19, another source said, the report said.

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