india

Updated: Dec 19, 2018 13:56 IST

The Governor’s Rule imposed in Jammu and Kashmir on June 20 ends on Wednesday and as per the Constitution of the state President’s rule will start after a presidential proclamation.

The state was put under Governor Satyapal Malik’s rule after the Mehbooba Mufti-led coalition government was reduced to minority following withdrawal of support by the 25-member BJP in the state.

Malik on Tuesday, in a communication to the Union home ministry, recommended imposition of President’s rule. The Union Cabinet will be take up the proposal before the expiry of the governor’s rule on December 19, officials 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.

According to Article 92 of the state’s Constitution, six months of Governor’s rule is compulsory under which all the legislature powers are vested with the Governor.

(Read More: Governor’s rule in J-K is not muscular policy, says NN Vohra)

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.

The 87-member state assembly was abruptly dissolved on November 22 following rival claims to form the government. The first came from PDP chief Mehbooba Mufti, who claimed the support of rival Omar Abdullah’s National Conference and the Congress. The second claim was that of People’s Conference chief Sajad Lone, who was backed by the BJP.

The governor had dissolved the assembly citing horse-trading and lack of stability to form a government as the reasons.

According to the state’s Constitution, no Presidential proclamation shall 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.