On October 13, 2024, the Union Home Ministry issued a gazette notification announcing the revocation of President’s rule in Jammu and Kashmir, which had been in place since October 31, 2019.
President Rule Revoked in Jammu & Kashmir After Six Years
- End of Central Rule: President’s rule was revoked after six years which was imposed initially in June 2017 when the PDP-BJP coalition collapsed.
- Central rule was imposed in J&K after the state was reorganised into two separate Union Territories; Jammu and Kashmir, and Ladakh under the Jammu and Kashmir Reorganisation Act, 2019.
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President’s Rule in States: Constitutional Provisions and Implementation
| Aspects |
Description |
| Grounds of Declaration |
- Also known as State Emergency.
- Article 355: Duty of Centre to protect every state against external aggression and internal disturbance and to ensure that the government of every state is carried on in accordance with the provisions of the Constitution.
- Article 356: President to proclaim, if satisfied with/without Governor’s Report that state government cannot be carried on in accordance with the provisions of the Constitution.
- Article 365: If a state fails to comply with any direction from the Centre.
|
| Parliamentary Approval |
- Simple majority in both Houses.
- Must be approved by both the houses within two months of such issues.
- If the proclamation of emergency is issued at a time when the LS has been dissolved or the dissolution of the LS takes place during the period of 2 month without approving the proclamation, the proclamation survives until 30 days from the first sitting of the LS after its reconstitution, provided the RS has in the meantime approved it.
|
| Duration |
- 6 months, however, it can be extended for a maximum period of 3 years with parliamentary approval every 6 months with simple majority.
- 44th Amendment: Beyond one year, the president’s rule can be extended by 6 months a time only if following conditions are met:
- If a national emergency is in operation in whole India or any part of the state.
- If the Election Commission certifies that elections cannot be held due to difficulties.
|
| Judicial Review |
- 38th Amendment: President’s satisfaction under Article 356 made immune from judicial review.
- 44th Amendment: Above provision was deleted. Now the reason behind its implementation can be reviewed.
|
| Revocation |
- May be revoked by the President at any time by a subsequent proclamation.
- Such a proclamation does not require parliamentary approval.
|
Impact of President’s Rule on State Governance: Powers and Functions
- President can take up the functions of the state government and powers vested in the governor or any other executive authority.
- He can declare that powers of the state legislature are to be exercised by the parliament.
- He can take all necessary steps including the suspension of constitutional provisions relating to anybody or any authority in the state.
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Impact of President Rule
| State’s Executive |
- Dismissal of CoM: He can dismiss the Council of Ministers headed by the Chief Minister.
- The state administration is carried on by the governor with help of the Chief Secretary on behalf of the President.
- Therefore, This declaration is commonly referred to as the imposition of ‘President’s Rule’ in a state.
|
| State’s Legislative power |
- Suspension or Dissolution of State Legislative Assembly: The President can either suspend or dissolve the state legislative assembly.
- Powers and Function of Parliament:
- When the state legislature is thus suspended or dissolved, Parliament can entrust the power of legislation for the state to the President or any other designated authority chosen by the President for this purpose.
- The Parliament, or if delegated, the President or another specified authority, can make laws granting powers and assigning responsibilities to the central government and its authorities.
- The Parliament passes the state bills and budgets
- The laws made by the parliament or president or any other authority continue to operate even after the President’s Rule.
- The President can approve spending from the state consolidated fund while the Lok Sabha is not in session, awaiting Parliament’s sanction.
- When the Parliament is not in session, the President can promulgate ordinances for the governance of the state.
|
| State’s Judiciary |
- Power of High Court: The Constitutional position, status, powers and functions of the State High Court remain the same even during the President’s Rule
|
October 14, 2024
