President's rule is set to be imposed in Jammu and Kashmir from Thursday as the Governor Satya Pal Malik’s rule expires in the state on Wednesday, after six months, said government sources.
The Centre is learnt to have recommended President's rule after a report by Governor Satya Pal Malik, officials said on Tuesday.
A Home Ministry official said that the Union Cabinet has given its go-ahead for President's rule after December 19.
It must be remembered that this is the third attempt by the BJP to impose President’s rule in a state where its own political ambitions have faltered — Arunachal Pradesh, Uttarakhand and now Jammu and Kashmir.
Simultaneously, the two-member People’s Conference led by Sajjad Lone had also staked his claim to form a government with 25 members of the BJP and other 18 unknown members
A communication from Governor's office was sent to the Central government and subsequently it was moved to the Union Cabinet for its nod.
The official said President Ram Nath Kovind will have to issue a proclamation declaring that the powers of the legislature of the state shall be exercisable by or under the authority of Parliament.
The state plunged into a political crisis in June this year after the Mehbooba Mufti-led coalition government was reduced to a minority following withdrawal of support by the 25-member BJP in the state.
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 legislative powers are vested with the Governor.
The Governor has to dissolve the Legislative Assembly after six months. The state then directly comes under President's rule for another six months after which elections have to be held in the state.
In case the elections are not declared, President's rule can be extended by another six months.
No Presidential proclamation shall in any case 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.
Malik on November 21 dissolved the 87-member state assembly after the PDP, supported by the Congress and their arch rivals National Conference, had staked their claim to form the government.
Simultaneously, the two-member People's Conference led by Sajjad Lone had also staked his claim to form a government with 25 members of the BJP and other 18 unknown members.
The Governor dissolved the assembly citing horse-trading and lack of stability to form a government as the reasons.