Jammu and Kashmir is likely to come under President’s rule on December 20 — after 28 years — with Governor Satya Pal Malik set to recommend Centre’s rule in his report to the Ministry of Home Affairs, officials said. The state, which has been under Governor’s rule since the BJP pulled out of the alliance with the Mehbooba Mufti-led PDP in June, was placed under Governor’s rule for the first time in 1977 with Malik’s tenure being the ninth.
Unlike other states, the process of imposing President’s rule in J&K is more nuanced where the Governor rules for the first six months. Government officials told The Indian Express that they will soon seek approval from the Union cabinet for President’s rule in the Valley and it has to be ratified by Parliament.
The ratification has to be done by both Houses of Parliament within two months of imposition of President’s rule. Once approved by both the Houses, the President’s rule is valid for six months. “As long as President’s rule is in effect, Parliament makes laws on the 61 subjects on the state list,” an official said. The money Bills of the state are also approved by Parliament during this time.
The President’s rule has not been imposed every time Governor’s rule was invoked in the past, with either elections being held within six months or political parties coming together to stake claim to form government, officials said.
The President’s rule was earlier imposed in 1990 and lasted more than six years due to the sudden rise in terrorism and breakdown of law and order in the Valley. It was first imposed on March 6, 1986, officials said.
Governor Malik last month dissolved the Assembly, citing the “impossibility of forming a stable government by the coming together of political parties with opposing political ideologies”.
Another government official said, “If the Assembly remained in suspended animation at the time of President’s rule, the legislative powers of the Assembly are vested with Parliament.”
The Supreme Court on December 11 had dismissed a petition challenging the J&K Governor’s decision to dissolve the state Assembly.
Malik’s advisor resigns
Advisor to J&K Governor Satya Pal Malik, B B Vyas, Wednesday resigned from the post after he was appointed as a member of the Union Public Service Commission. The 1986-batch IAS officer had previously served as Chief Secretary of Jammu and Kashmir. Officials said that the Governor has accepted Vyas’s resignation. (ENS)