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President’s rule imposed in Uttarakhand

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Uttarakhand: With reports of Uttarakhand assembly Speaker Govind Kunjwal disqualifying nine rebel Congress MLAs emerged on Saturday night, President Pranab Mukherjee dismissed the Congress government headed by Harish Rawat and placed the assembly under suspended animation on the recommendation of the Union Cabinet.

The imposition of President’s rule in the state has brought the focus back on Article 356 of the Constitution – used and misused for decades by successive governments irrespective of their political ideology.

According to Article 356, President’s rule can be imposed in a state if a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution.

Breakdown of constitutional machinery

The expression “breakdown of constitutional machinery” has not been defined in the Constitution. It can happen due to political reasons such as hung assembly, the government losing majority in the assembly, failure of any political grouping to form a government, defections and break-up of coalition or because of insurgency etc. Whatever may be the reason, the President has to be satisfied about of breakdown of constitutional machinery in the state.

Governor’s report or otherwise

Generally, the governor sends a report in this regard to the Centre and it’s his/her report that forms the basis for the Union Cabinet’s recommendation to the President for invoking Article 356 to impose President’s rule.

However, the provision also says that the President can take such a decision even “otherwise” (i.e. even in the absence of governor’s report). But in any case, the President has to be satisfied that the constitutional machinery has broken down in the state.

Governor’s discretion

While sending a report to the Centre, the governor is not supposed to go by the advice of the state cabinet and is exercises his or her own discretion. On the contrary, the President has to go by the advice of the Union Cabinet. But he can seek clarifications from the council of ministers.

Implications of President’s rule

Once President’s rule is imposed, the assembly ceases to function and the state comes under the Central government’s direct control. The assembly is generally kept in suspended animation. The powers of the state assembly become exercisable by or under the authority of Parliament. The executive power shifts from the council of ministers to the governor.

Once imposed, President’s rule must be approved by Parliament within a period of two months. It can’t last for more than six months unless its extension is approved by Parliament.

SR Bommai case

In the SR Bommai case, the Supreme Court ruled in 1994 that courts can’t question the Union Cabinet’s advice to the President but they can question the material behind the satisfaction of the President regarding breakdown of constitutional machinery. It also said that the use of Article 356 was justified only when there was a breakdown of constitutional machinery and not that of administrative machinery.

Bihar assembly dissolution case

The Supreme Court in January 2006 declared the dissolution of the Bihar assembly as null and void in the Buta Singh case. It held that the governor’s report could not be taken at face value and must be verified by the council of ministers before being used as the basis for imposing President’s rule. The “drastic and extreme action under Article 356” cannot be justified on whims and fancies of the governor and the council of ministers should not accept it as “gospel truth”.

Credits: HT

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NASA budget jumps $1.6 bn above White House request

NASA's will get $20.7 billion -- $1.1 billion more than 2017 funding and $1.6 billion above the White House request

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NASA to release two missions focused on moon soon in 2022. Pixabay
NASA positive about next planet-hunting mission. Pixabay

NASA’s will get $20.7 billion — $1.1 billion more than 2017 funding and $1.6 billion above the White House request — under a spending bill that cleared Congress this week and was signed by President Trump on Friday.

A big beneficiary will be the planned rocket to take astronauts into deep space and onto Mars, the Space Launch System (SLS), which will get $2.15 billion, and the Orion crew capsule, which will launch on top of the SLS, will get $1.35 billion, AL.com reported.

ISS is a permanent base for astronauts stationed in the outer sky. Wikimedia Commons
This funding will help NASA in its research. Wikimedia Commons

According to a report spaceflightnow.com, the NASA funding was part of a $1.3 trillion federal spending package that keeps the government running through the end of fiscal year 2018 — September 30 — after multiple stopgap budgets in recent months.

The budget provides $350 million for construction of a second SLS mobile launch platform, a project which, NASA believes, could shorten the gap between the first and second Space Launch System flights. Funding for a second SLS launch platform was not included in the White House’s fiscal year 2019 budget proposal.

Also Read: NASA’s instrument to measure Sun’s energy

Robert Lightfoot, NASA’s outgoing acting administrator set to retire at the end of April, told a House subcommittee on March 7 that there was insufficient money in the agency’s budget to build a second SLS platform without delaying or canceling other projects.

While responding to a question during the hearing, Lightfoot said that a second SLS mobile launch platform would be better for the program in an “ideal world.” “I could fly humans quicker, probably in the 2022 timeframe,” with a second mobile launch platform, Lightfoot said. IANS

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