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Jammu And Kashmir Now Under President’s Rule, Onus Now On Union Cabinet On It’s Future Course

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After completion of six months of Governor’s rule in Jammu and Kashmir  the state has now  come under President’s rule paving the way for the union cabinet to take all policy decisions related to the militancy-hit state.

President Ram Nath Kovind signed the proclamation for imposition of central rule in the state, which plunged into a political crisis in June after the Mehbooba Mufti-led coalition government was reduced to minority following withdrawal of support by the 25-member BJP in the state.

The gazette notification issued Wednesday said the President has received a report from Governor Satya Pal Malik and after considering it and other information, he was “satisfied” that President’s rule in the state was needed.

“In pursuance…of the proclamation issued…by me under article 356 of the Constitution of India, I hereby direct that all the functions of the Government of the State of Jammu and Kashmir and all the powers vested in or exercisable by the Governor of that State…shall, subject to the superintendence, direction and control of the President, (and) be exercisable also by the Governor of the State,” the notification said.

The union cabinet headed by Prime Minister Narendra Modi took the decision on Monday after Governor Satya Pal Malik sent a report to the central government recommending imposition of President’s rule in the state.

After the proclamation, the powers of the Legislature of the state shall be exercisable by or under the authority of Parliament and 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.

Since the state has a separate Constitution, in such cases, 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 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.

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