Srinagar, December 19: With the expiry of six-month Governor's rule in Jammu & Kashmir, the frontier state has now come under the President's rule -- which would effectively allow the Parliament to exercise the powers granted to the State Legislative Assembly. According to Raj Bhawan officials, Governor Satya Pal Malik on Wednesday wrote to the Ministry of Home Affairs, recommending the imposition of President's rule in J&K.

The Governor's official note of communication would be tabled before the Union Cabinet, which would forward the same to the President after approving it. Satya Pal Malik Says Delhi Wanted Him to Make Sajjad Lone CM of J&K, Backtracks.

After the Cabinet nod, President Ram Nath Kovind who will issue a proclamation which declares that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament.

Jammu & Kashmir plunged into a political crisis in June this year after the Mehbooba Mufti-led coalition government was reduced to minority following withdrawal of support by 25 BJP legislators in the state.

Since J&K has a separate Constitution, six months of Governor's rule is compulsory under Article 92 of the Jammu and Kashmir Constitution, under which all the legislature powers are vested with the Governor.

The Governor has to dissolve the Legislative Assembly after the tenure of six months is over and the state will directly come under the President's rule for following six months during which elections have to be declared in state.

In case the elections are not declared, President Rule will be 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.

Since the state does not come under President's rule under Article 356 of the Constitution and is promulgated under Section 92 of the state Constitution, all the decisions taken thereof shall have a concurrence of the President under Article 74 (1)(i) under which council of Ministers with the Prime Minister at the head will aid and advise the President.

The Governor on November 21 dissolved the 87-member state assembly after the PDP, supported by the Congress and their arch rivals National Conference, had staked claim to form the government.

Simultaneously, the two-member People's Conference led by Sajjad Lone had also staked claim to form a government with 25 members of the BJP and other 18 unknown members.

Citing the fear of horse-trading, Governor decided to dissolve the assembly -- a move which drew flak from all the regional parties in J&K. Accused of being dictated by the Centre, Malik struck back at critics, claiming that had he "listened to Delhi", Lone would had been allowed to stake claim for government formation.

(With PTI inputs)

(The above story first appeared on LatestLY on Dec 19, 2018 06:59 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).