The Union Cabinet, chaired by Prime Minister Narendra Modi, gave its approval for the extension of Governor’s Rule, which has been continuing in Jammu and Kashmir since June 20, 2018, when the differences within the governing coalition of the BJP – PDP led the then Chief Minister Mehbooba Mufti to resign.
Marking the 8th time the State comes under Governor’s Rule, this will be the first extension imposed under Governor Satya Pal Malik since he replaced Excellency N N Vohra as Governor last year.
The Governor of Jammu & Kashmir issued a proclamation on 20.6.2018 under Section 92 of the Constitution of Jammu and Kashmir with the concurrence of the President of India, thereby assuming to himself the functions of the Government and Legislature of the State and making some incidental and consequential provisions. The State Assembly, initially kept in suspended animation was dissolved by the Governor on 21.11.2018.
The proclamation issued by the Governor on 20.6.2018 ceased on 19.12.2018 after six months. Under Section 92 of the Constitution of Jammu and Kashmir, there is no provision for further continuation of such Proclamation after six months. Hence, on the recommendation of Governor and having regard to the prevailing situation in the State, President issued a proclamation promulgating President’s Rule in J&K under article 356 of the Constitution of India. Subsequently, a Resolution approving the subject Proclamation by President was passed in the Lok Sabha on 28.12.2018 and in the RajyaSabha on 3.1.2019.
The present term of President’s Rule is expiring on 2nd July, 2019and the Governor has recommended that the President Rule in the State may be extended for a further period of six months with effect from 3rd July, 2019.
Although many media houses have erroneously reported the extension as ‘President’s Rule’, the imposition in the State of Jammu & Kashmir is slightly different than a similar imposition in any other Indian State. The State of Jammu & Kashmir at any point the President deems fit, comes under Governor’s Rule under Section 92 of the Constitution of Jammu & Kashmir.
Section 92 of the Constitution of J&K reads as follows:
92. Provisions in case of failure of constitutional machinery in the State.-
(1) If at any time, the *Governor is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the *Governor may by Proclamation- (a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by anybody or authority in the State;
(b) make such incidental and consequential provisions as appear to the *Governor to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provision of this Constitution relating to anybody or authority in the State:
Provided that nothing in this section shall authorise the *Governor to assume to himself any of the powers vested in or exercisable by the High Court or to suspend in whole or in part the operation of any provision of this Constitution relating to the High Court.
(2) Any such Proclamation may be revoked or varied by a subsequent Proclamation.
(3) Any such Proclamation whether varied under subsection (2) or not, shall except where it is a Proclamation revoking a previous Proclamation, cease to operate on the expiration of six months from the date on which it was first issued.
(4) If the *Government or by a Proclamation under his section assumes, to himself any, of the powers of the Legislature to make his laws, any law made by him in the exercise of that power shall, subject to, the terms thereof continue to have effect until two years have elapsed from the date on which the proclamation ceases to have effect, unless sooner
(5) No Proclamation under this section shall, except where it is a Proclamation revoking a previous Proclamation, be laid before each House of the Legislature as soon as it is convened.