Srinagar: President’s rule is all set to be imposed in the state of Jammu and Kashmir from Thursday after the Governor’s rule comes to an end on Wednesday.
The Government of India recommended President’s rule in JK on the basis of a report sent by the Governor Satya Pal Malik.
A communication from Governor’s office was sent to GoI and subsequently, it was moved to the Union Cabinet for its nod.
Officials said 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 the Parliament.
The state plunged into a political crisis in June this year after People’s Democratic Party (PDP) chief Mehbooba Mufti-led coalition government was reduced to a minority following withdrawal of support by the 25-member Bharatiya Janata Party (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.
No presidential proclamation shall, in any case, remain in force for more than three years except for the intervention of Election Commission of India which has to certify that the continuance in force of the proclamation is necessary on account of difficulties in holding general elections to the Legislative Assembly.
Malik on November 21 dissolved the 87-member assembly shortly after People’s Democratic Party leader Mehbooba Mufti staked claim to form a government with the support of the National Conference and the Congress. She cited a collective strength of 56 MLAs in the 87-member House.
Malik, in an event that had taken place on November 24, in Gwalior, had said that the Modi-led ruling government had wanted him to install Jammu and Kashmir Peoples Conference chief Sajad Lone as the region’s chief minister before the dissolution of the assembly last week.
If he had listened to “Delhi”, he would have become “dishonest forever”.
In an interview with India Today TV, Governor Malik said that there was no political pressure or interference from the government of India, and that he was “completely apolitical”.
Earlier, National Conference Vice President Omar Abdullah, in a tweet ‘complimented’ the Governor for not allowing BJP and its proxies to form the Government in Jammu and Kashmir.
PDP President Mehbooba Mufti also said, in a tweet, that Governor Malik’s decision not to look up Delhi and dissolve the Assembly in JK is ‘unprecedented’, given the ‘history of democracy in the state.’
However, in a clarification, The J&K Raj Bhavan Spokesperson said that Governor of J&K Satya Pal Malik, while taking the decision to dissolve the Legislative Assembly, acted in an objective and impartial manner.
“There was no pressure or any kind of intervention from the Centre in the entire matter and some News Channels are misinterpreting Governor’s statement and putting them out of context to convey that there was pressure from the Central Government,” said a statement of the Raj Bhavan.