Focus: Andhra Pradesh Mired In President Rule Imbroglio

By Ramesh Reddy | INNLIVE

CONCERN With Andhra Pradesh less than two weeks away from being thrown into a constitutional crisis, the Union law and home ministries are still to come up with a solution to avert this. 
    
The crisis pertains to the proclamation of President’s Rule in the state. President Pranab Mukherjee issued the proclamation on March 1, 2014, and as per the Constitution, Parliament should ratify it within two months. The two-month deadline ends on April 30, 2014. 
    
However, with the general elections ending in several states and most other MPs busy campaigning in their constituencies, the UPA government is of the view that Parliament cannot be convened at this juncture. “Yes, the Union home and law ministries are trying to arrive at a solution by which the constitutional crisis can be averted without Parliament being summoned,” Union minister Jairam Ramesh told INNLIVE. 
The solutions that are being considered include dissolving the Assembly and issuing a fresh proclamation. While recommending President’s Rule on February 28, 2014, the Union cabinet had suggested that the Assembly be placed under suspended animation so that it can be revived if and when necessary. UPA govt not keen on holding Parl session 

However, constitutional expert Subhash Kashyap says dissolving the Assembly will not avert the crisis. “One solution that is possible is to dissolve the Lok Sabha and summon the Rajya Sabha for a one-day session and get President’s Rule ratified,” he said. 
    
When the Lok Sabha is constituted, it would have to ratify President’s Rule within one month of its first sitting. 
    
According to sources, President Mukherjee had recommended that both Houses of Parliament be convened to ratify President’s Rule. However, the UPA government is not keen to do so and is trying its best to come up with a solution that skirts the necessity of Parliament being summoned. 

Congress sources claimed that summoning even the Rajya Sabha for even one day at this juncture might not be possible as Rajya Sabha members of all parties, like Prime Minister Manmohan Singh, Union minister Jairam Ramesh and BJP’s Arun Jaitley are either candidates in the polls or in the thick of campaigning. In such a situation, the UPA government may end up reissuing the President’s Rule proclamation. 
    
The Presidential Proclamation was issued under Article 356 of the Constitution. As per Clause 3 of Article 356, “Every Proclamation under this article shall be laid before each House of Parliament and shall, except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of two months unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament.” Clause 4 states that “A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of six months from the date of issue of the Proclamation.”