President’s Rule to be re-imposed
Union Cabinet: President’s Rule to be Re-Imposed, the President dissolution of the Andhra Pradesh Assembly and fresh imposition of the President’s rule for a period of two months
New Delhi: The Union Cabinet on Friday night recommended to the President dissolution of the Andhra Pradesh Assembly and fresh imposition of the President’s rule for a period of two months. This will facilitate continuance of the Central rule till the new States are formed on June 2 and the governments are in place. The step had to be taken to meet a Constitutional requirement under the Supreme Court verdict in the S R Bommai case. According to sources, the Cabinet has deferred the decision on the creation of Special Purpose Vehicle for undertaking and executing Polavaram Project.
A corporation is likely to be created for the purpose. A Union Minister disclosed that the issue would come up before the Union Cabinet next week. President’s rule was imposed in Andhra Pradesh on March 1, in the wake of State Chief Minister N Kiran Kumar Reddy submitting his resignation. After the Supreme Court verdict in the S R Bommai case, within two months of the imposition of President’s Rule, it has to be ratified by Parliament, by keeping the Assembly in suspended animation. It can be dissolved only later on. When President’s Rule was imposed in Andhra Pradesh on March 1, Parliament was in session, but the government failed to get the President’s Rule ratified in both Houses of Parliament, before it was adjourned sine die. This created a Constitutional crisis. Parliament has to be convened before April 30, when the stipulated two-month period expires.
Since it is not possible now, the only way out is to impose President’s Rule afresh, after dissolving the Andhra Pradesh Assembly, since fresh Assembly elections are already under way. The new proclamation will be self-explanatory and it would specify the circumstances necessitating its replacement with a fresh proclamation. It will clarify that convening of Parliament session in the middle of General Election is not possible and that the new proclamation is a legal requirement to ensure continuation of President's rule until the General Elections are completed. With the proclamation imposing President rule in Andhra Pradesh set to lapse on April 30 on account of its non-ratification by Parliament, the Centre has to revoke it and simultaneously issue a fresh proclamation by this month-end to ensure that the State remains under the Central rule.