MHA : Presidential rule in Jammu and Kashmir is constitutionally valid
New Delhi: The Union Home Ministry on Wednesday upheld the constitutional validity of the extension of President's rule in Jammu and Kashmir, saying it was within the provisions of Article 356 as applicable to the state.
The Central government had imposed President's rule in Jammu and Kashmir on December 19 last year. It was further extended for a period of six months, beyond July 3, after approval from both houses of the Parliament.
"Lok Sabha on 28/6/19 & Rajya Sabha on 1/7/19 approved the continuance of the Proclamation of the President's Rule for a further period of six more months beyond 3rd July 2019. Thus, this proclamation was within the provisions of Article 356 as applicable to Jammu & Kashmir," Home Ministry Spokesperson Vasudha Gupta tweeted.
The clarification was issued by the Ministry through a series of tweets in response to an article published in a national newspaper on Wednesday.
The author of the article had argued that the central government had not renewed President's rule in Jammu and Kashmir before the lapse of the first Proclamation in December 2018.
"J&K President's Rule: A thread - President's Rule was applied under Article 356 on 19/12/18. Original provisions under Art 356 allow it to exist for six months from the date of the Second of the resolutions approving the proclamation," said the spokesperson in the first tweet.
The spokesperson followed it up with another tweet saying: "The Proclamation dated 19th December 2019 was approved by Lok Sabha on 28th December 2018 and Rajya Sabha on 3rd January 2019. Therefore, the Proclamation of the President's Rule in Jammu and Kashmir was due to expire on 3rd July 2019 ie six months from 3rd January 2019."
Meanwhile, the Ministry has directed the newspaper to take action against all concerned for the publication of the "blatantly misinformed" article.
"The information given in this article is absolutely incorrect. The concerned newspaper has been directed to take action against all concerned for this blatant misinformation," the Home Ministry said in a tweet.