Jammu and Kashmir Governor Satya Pal Malik has recommended the Centre to impose President’s rule in the state after the expiry of six-months of Governor’s rule on December 19, officials said on Monday.
A communication from the governor’s office has been sent to the Union Home Ministry which will be taken up by the Union cabinet before the expiry of the governor’s rule on December 19, they said.
After the cabinet nod, the same would be signed by President Ram Nath Kovind who will issue a proclamation which declares that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament.
The state plunged into a political crisis in June this year after the Mehbooba Mufti-led coalition government was reduced to minority following withdrawal of support by the 25-member BJP in the state.
In such cases, since the state has a separate Constitution, six months of governor’s rule is compulsory under Article 92 of the Jammu and Kashmir Constitution, under which all the legislature powers are vested with the governor.
The governor has to dissolve the Legislative Assembly after the tenure of six months is over and the state will directly come under the President’s rule for following six months during which elections have to be declared in state.
In case the elections are not declared, President Rule will be 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.
Since the state does not come under President’s rule under Article 356 of the Constitution and is promulgated under Section 92 of the state Constitution, all the decisions taken thereof shall have a concurrence of the President under Article 74 (1)(i) under which council of Ministers with the Prime Minister at the head will aid and advise the President.
The governor on November 21 dissolved the 87-member state assembly after the PDP, supported by the Congress and their arch-rivals National Conference, had staked claim to form the government.
Simultaneously, the two-member People’s Conference led by Sajjad Lone had also staked claim to form a government with 25 members of the BJP and other 18 unknown members.
The governor had dissolved the assembly citing horse-trading and lack of stablity to form a government as the reasons.