Under the cover of President’s Rule.

GS-II: Under the cover of President’s Rule

Abrogation of Article 370

Constitution (Application to Jammu and Kashmir) Order, 2019 superseded the Order of 1954.
Passage of a statutory resolution in Parliament recommending the declaration of Article 370 as inoperative.
Adoption of a resolution accepting the Jammu and Kashmir Reorganisation Bill, 2019
Issuance of a notification by the President declaring Article 370 inoperative.

Problem with president rule

He also suspends portions of the Constitution such as Article 3. J&K constitution has an additional proviso which says J&K’s legislature has to give its consent to any altering of its boundaries or size or name. But the Presidential proclamation suspended this.
During the period, decisions that a popular regime would never make may become possible.
Even suits instituted by the State against other States or the Centre under Article 131 may be withdrawn or claims against it conceded.
The power of a State Assembly to ratify Constitution amendments may be exercised by Parliament.

Constitution and Judiciary

A presidential proclamation is subject to judicial review after the Supreme Court verdict in S.R. Bommai vs. Union of India (1994).
The scope for judicial intervention is limited to the adequacy and relevance of the material on the basis of which the President believes that governance of a State cannot be carried on in accordance with the Constitution.
It said the initial exercise of the power is limited to taking over the executive and legislative functions without dissolving the Assembly. Once Parliament approves the proclamation, the Assembly may be dissolved.
Courts have always emphasised that States remain ‘supreme’. They are not “mere appendages of the Centre”. There are certain functions that the States alone can do.

Source: The Hindu

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