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| Are we headed for President’s rule? | | | Nirbhay Jammual
If the meeting between the Election commission and political leaders from Jammu and Kashmir, due on September 8,decides in favour of postponement of Assembly Poll the state will have to be placed under the President's rule. A defermenrt by a month may not warrant imposition of the President's rule because under the state constitution the Governor's rule cannot be extended beyond the period of six months. That means the Governor's rule is to end by the third week of December. Conequently any date fixed for the polling after the third week of December will make it mandatory for the centre to impose the President's rule.
When in mid-January 1990 Governor's rule was imposed following the resignation of the Farooq bdullah Government it had to be replaced by the President’s rule after the expiry of six months. The Presidents rule remained in force for about six years till the elections were held in 1996 allowing the National Conference to regain power. This was for the second time that the elections in the state were held the Presidential rule. In 1987 the elections were held under the Presidents rule. The central rule had been imposed after the Governor's rule ended after six month in September 1986.The Governor's rule had been imposed in March 1986.In 1977 when the state was placed under the Governor's rule following withdrawal of support by the congress to the Sheikh Abdullah led Government the next election was held within less than six months thereby leaving no scope for the imposition of the President’s rule.
Under the autonomy resolution of the National Conference there is no provision for application of Article 356 of the Constitution of India to Jammu and Kashmir. Under this Article the President has the power to intervene and place the state under the central rule. The autonomy resolution has made it clear that powers of the president to intervene in the state matters by resorting to Article 356 were to be curtailed. The same provision has been made in the PDP's self-rule document. Both these concepts are opposed to the Jurisdiction of the President, comptroller and auditor general of India, the Supreme Court and the election commission. The two ideas favour central control only on foreign affairs, defence and communication and currency. Whether under the self-rule or under the autonomy plan Sadr-i-Riyasat remains the sole constitutional head.He has been given the powers to intervene whenever the situation demanded .He has the powers to extend his rule whenever he feels the need to do so.
To have a constitutional head a reliable person who would not be prejudiced or influenced by the centre both the National Conference and the PDP support the idea of electing a state subject as Governor or Sadr-i-Riyasat by either the state legislature or by an electoral college set up by the Government. Hence next 10 days are going to determine wheher the next elections are to be held under the Governor's or the President's rule. |
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