Assembly dissolution clears way for President’s rule ratification

Jammu and Kashmir was placed under Governor’s rule on June 19 for six months, which expires on December 19, following which President’s rule would be imposed.

If the Assembly was still in suspended animation, the NDA government would have found it difficult to get President’s rule ratified, sources said.

The dissolution of the Jammu and Kashmir Assembly has helped clear the way for the ratification of President’s rule expected in the winter session of Parliament, officials said.

Jammu and Kashmir was placed under Governor’s rule on June 19 for six months, which expires on December 19, following which President’s rule would be imposed. If the Assembly was still in suspended animation, the NDA government would have found it difficult to get President’s rule ratified, sources said. The ratification has to be done by both houses of Parliament within two months of imposition of President’s rule.

In Jammu and Kashmir, after six months of governor’s rule, President’s rule is imposed on a report from the governor. If the Assembly is in suspended animation at the time of President’s rule, all the powers of the Assembly are transferred to Parliament.

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“While it may have been easier to get it (ratification of President’s rule) passed in Lok Sabha, approval in Rajya Sabha

might have been a problem, leading to breakdown of security and governance in the state,” an official said.

As long as President’s rule is in effect, Parliament makes laws on the 61 subjects on the state list, the official said. The money Bills of the state are also approved by Parliament during this time.

Governor Satya Pal Malik had on Wednesday dissolved the Assembly, citing the “impossibility of forming a stable government by the coming together of political parties with opposing political ideologies”. Sources said that though the governor’s move may appear dramatic, discussions to dissolve the Assembly had been going on between the Centre and Raj Bhavan for a few weeks. “The governor had three options — either Sajad Lone or Mehbooba Mufti as CM, or dissolve the Assembly before December 19,” a top official said.

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Sources indicated that the decision of NC, PDP and Congress to stake claim to form the government could have been the trigger for the late-night order. “The Centre also advised the governor not to keep the Assembly in suspended animation for very long,” sources said. Before announcing the dissolution of Assembly, Malik held parleys with Prime Minister Narendra Modi and Home Minister Rajnath Singh.

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Satyapal Malik