The Centre has recommended the imposition of President's rule in Jammu and Kashmir after the expiry of the six-month Governor's rule on December 19. Earlier, a communication from the governor’s office was sent to the Union home ministry recommending imposition of President’s rule.
Governor Satya Pal Malik had 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. He had cited horse-trading and lack of stability to form a government as the reasons
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President Ram Nath Kovind will now issue a proclamation which will declare that the powers of the legislature of the state shall be exercisable by or under the authority of Parliament after a nod from the Centre.
Six months of Governor’s rule is compulsory under Article 92 of the Jammu and Kashmir Constitution. All the legislature powers are vested with the governor during this period. 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 the state. In case the elections are not declared, the President’s rule can be extended by another six months.
Since the state does not come under President’s rule under Article 356 of the Indian 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.
(With PTI inputs)