SG Mehta: Whenever there is a President's rule, parliament exercises power of state legislature under 356(1)(b) in all states.
SG Mehta: There are several steps required to be taken in view of several circumstances that the nation faces. These are steps as pre cursors.
SG Mehta: Prior to the aforesaid act, some category of reservation was available only to border areas of Kashmir division. Border areas of all divisions were facing frequent attacks and shellings.
SG Mehta: 1st July 2019- it is critical to note that I&K reservation amendment act was passed by the parliament exercising power as legislative assembly of state. This is to show that parliament has exercised powers or J&K assembly under A 356(1)(b)
SG Mehta: Now comes an important event to ensure that those staying in border areas are having a sense of social security.
SG: The first step is 1st March 2019. This is a well considered administrative decision making keeping in mind several factors- national integrity, sovereignty, security, border issues, internal issues of the particular state etc
SG: During the president's rule, there are certain steps taken to infuse confidence amongst people. There were situations which were alarming - everything may not be on record. Pulwama happened etc etc. The govt had to take proactive steps.
SG Mehta: 1959 was the first use of 356. Mr Namboodiripad's government was removed and the President's rule was imposed. There also, suspension of Art 3 proviso was there.
SG Mehta: There is a reason. In SR Bommai, the law laid down is that the legislature cannot function without council of ministers. Here, additionally the legislature was dissolved. But otherwise also whichever provision mentions something to be done by legislature-it's suspended
SG Mehta: As a matter of fact, right from the inception whenever president's rule is imposed, proviso to Art 3 is stayed. We have studied every proclamation issued by the President under Art 356 with regard to each state, not just J&K. It's suspended in every case.