President's rule in Jammu & Kashmir from midnight

President’s rule was imposed in Jammu and Kashmir on Wednesday after the expiry of governor’s rule in the state which came into effect after the PDP-BJP government collapsed over the saffron party’s withdrawal from the coalition.

President Ram Nath Kovind signed the proclamation invoking Article 356 of the Constitution to impose president’s rule after receiving a report from Governor Satya Pal Malik.

“...After considering the report and other information received by me, I am satisfied that a situation has arisen in which the government of that state cannot be carried on in accordance with the provisions of the Constitution of India, as applicable to that state... and of the constitution of Jammu and Kashmir,” the President said in a gazette notification.

The union Cabinet headed by Prime Minister Narendra Modi took the decision on Monday after the governor sent a report in this regard.

 

 

“...In exercise of the powers conferred by Article 356 of the Constitution, and of all other powers enabling me in that behalf, I hereby proclaim that I assume to myself as President of India all the functions of the government of the said state and all powers vested in or exercisable by the governor of that state under the Constitution and the state constitution,” the president said.

The powers of the legislature of the state shall be exercisable by or under the authority of Parliament, the notification said.

Jammu and Kashmir is a peculiar case as president’s rule cannot be directly imposed in the state as it has a separate constitution. In such cases, six months of governor’s rule is compulsory under Article 92 of the Jammu and Kashmir constitution and after its expiry, the president’s rule can be imposed.

Last month, the PDP had joined hands with the National Conference and the Congress to stake claim to form the government, but the governor dissolved the 87-member Assembly citing horse-trading and lack of stability to form a government.

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