Pranab Mukherjee revoked President's Rule from Jharkhand
Following provision of Article 356 (Section 2), President revoked his rule from Jharkhand. The decision will pave way for Hemant Soren to assume office of CM.
President Rule in Jharkhand was revoked by the President of India, Pranab Mukherjee on 13 July 2013. The President on 13 July 2013 signed the Proclamation under clause (2) of the Article 356 of the Constitution of India and revoked the Proclamation that was issued for the state on 18 January 2013.
The President’s rule was revoked from Jharkhand, to pave a way from installation of a Government in the state that is led by Hemant Soren, JMM leader.
President Rule was invoked in the state, after the former Chief Minister of Jharkhand; Arjun Munda resigned from the office after his government was concentrated to minority following the withdrawal of support of Jharkhand Mukti Morcha (JMM).
President’s Rule in Jharkhand imposed earlier
Jharkhand was created as a state in 2000 and since then, it has been kept under the President’s Rule three times.
• 1st President’s Rule: imposed on 19 January 2009 because of loss of majority following the resignation of CM Shibu Soren
• 2nd President’s Rule: imposed on 1 June 2010, because of loss of majority following the resignation of CM Shibu Soren
• 3rd time President Rule: imposed on 18 January 2013, because BJP lost majority in the state after withdrawal of support from Jharkhand Mukti Morcha (JMM)
Hemant Soren will take oath as the new Chief Minister of Jharkhand on 13 July 2013.
Article 356 of Constitution of India: mentions Provisions in case of failure of constitutional machinery in States:
Section 1 of Article 356 mentions: If the President, on receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation-
(a) Assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor anybody or authority in the State other than the Legislature of the State
(b) Declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament
(c) Make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of this Constitution relating to anybody or authority in the State
Provided that nothing in this clause shall authorize, the President to assume to himself any of the powers vested in or exercisable by a High Court, or to suspend in whole or in part the operation of any provision of this Constitution relating to High Courts.
Section 2 of Article 356 States: Any such Proclamation may be revoked or varied by a subsequent Proclamation.