Sanjeev Pargal
JAMMU, Jan 9: Governor N N Vohra tonight issued a proclamation assuming all functions of the Government of the State (Jammu and Kashmir) and all powers vested in or exercisable by anybody or authority (other than the powers vested in or exercisable by the High Court) in the State. He ordered suspension of several provisions of the State Constitution including Sections 35 to 41 (both inclusive) and Section 43 that related to allocation of business among the Ministers.
The proclamation has been enforced since yesterday i.e. January 8. The proclamation dated January 9, 2015 signed by Vohra was deemed to have come into force from January 8. The back dated proclamation was necessitated as caretaker Chief Minister Omar Abdullah had stepped down from his post on January 7.
“In exercise of the powers conferred by Section 92 of the State Constitution and of all other powers enabling me in that behalf and with concurrence of the President of India, I hereby proclaim that I assumed to myself all the functions and all powers vested in or exercisable by anybody or authority other than the powers vested in or exercisable by the High Court in the State,’’ the Governor said in the proclamation, which was issued after imposition of Governor Rule in the State by the Raj Bhavan.
“I, NN Vohra, Governor of the State of Jammu and Kashmir, am satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with provisions of the Constitution of Jammu and Kashmir, 1957,’’ the proclamation said justifying imposition of Governor’s Rule in the State.
It said the Governor has assumed powers of the Assembly to make laws under or by virtue of which he will prepare such Bills as he may deem necessary and give assent to the bill.
“The operation of several provisions of the State Constitution will remain suspended including Sections 35 to 41 (both inclusive) so much of Section 43 as relates to the allocation among the Ministers the business of the Government of the State, Section 44, sub-section (1) of Section 53, Sections 54 to 60 (both inclusive), sub section (2) of Section 61 so far as it related to Clause © of and the first proviso to Section 58 and Section 60, Sections 64, 65, 66, 67, 71 and Section, 72, Sections 74, 75 and Section 76, sub-sections (3) and (4) of Section 77, proviso to Section 78, sub-sections (1) and (2) of Section 79, Sections 80, 81 and 82, sub-section (2) of Section 83, Sections 84 to 88 (both inclusive) and so much of Section 137 as relates to the laying of the report with a memorandum before the Legislature of the State,’’ the proclamation said.
It added: “the Legislative Assembly of the State shall remain under suspended animation till such time as this proclamation is revoked or varied in this regard by a subsequent proclamation’’.
On assumption of exercise of powers of the Legislative Assembly, Vohra said: “in the exercise of the powers of the Legislative Assembly to make grants under sub-section (1) of Section 83 of the State Constitution, I shall as often as I may deem it necessary and pending due appropriation by law make by notification in the Official Gazette including grants in advance in respect of the estimated expenditure or grants in respect of supplementary or additional expenditure for the period during which proclamation may be or is in force, grants for meeting any expected demands and exceptional grants which do not form part of the current service of the financial year’’.
“Any reference in the State Constitution to Acts or laws of or made by the Legislature of the State shall be construed as including a reference to Acts or laws made by me in exercise of the powers of the Legislature of the State under this proclamation and Jammu and Kashmir General Clauses Act as in force in the State shall have effect in relation to any such Act or law as if it were an Act of the Legislature of the State,’’ the Governor said.
The Governor’s proclamation referred to in detail the events leading from holding of Assembly elections in Jammu and Kashmir, constitution of new Assembly and fractured mandate given by the electorates.
“The results of elections in All Assembly constituencies in the elections have been declared by the Returning Officers concerned under Section 76 and the rules made there under. Whereas no single party or group has either emerged as or claimed to be, the party or coalition commanding majority in the State Legislative Assembly. Whereas no political party or combination has come forward to form a stable Government in the State so far despite the efforts made in this regard.
“And whereas, Omar Abdullah has through his letter addressed to the Governor, Jammu and Kashmir on January 7, 2015 informed that Omar has decided to step down as the caretaker Chief Minister with immediate effect. Under these circumstances, a situation has arisen in which the State Government cannot be carried on in accordance with provisions of the Constitution of Jammu and Kashmir,’’ the proclamation said citing reasons for imposition of Governor Rule in the State.
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