J&K all set for President’s rule

The News

  • Governor’s rule, imposed under Section 92 for six months, expires in the State on December 19.
  • Jammu and Kashmir was all set for President’s rule in January as there were no plans to dissolve the Assembly yet.
  • In case the Assembly is not dissolved within six months, President’s rule under Article 356 is extended to the State.
  • Governor’s rule expires in the State on December 19.

What is President’s Rule in India ?

  • The imposition of Article 356 of the Constitution on a State following the failure of constitutional machinery is called President’s Rule in India.
  • Once the President’s Rule has been imposed on a state, the elected state government will be temporarily dissolved, and the Governor, who is appointed by the government at the Centre, will replace the Chief Minister as the chief executive of the State.
  • The state will fall under the direct control of the Union government, and the Governor will continue to be head the proceedings, representing the President of India – who is the Head of the State.
  • The imposition of the President’s rule requires the sanction of both the houses of Parliament. If approved, it can go on for a period of six months.
  • However, the imposition cannot be extended for more than three years, and needs to be brought before the two houses every six months for approval.

How Governor’s rule in J&K different from other states?

  • The imposition of governor’s rule in J&K is slightly different than that in other states.
  • In other states, the president’s rule is imposed under the Article 356 of Constitution of India.
  • In J&K, governor’s rule is mentioned under Article 370 section 92 – ‘ Provisions in case of failure of constitutional machinery in the State.’

Governor’s rule in J&K

  • The Constitution of India grants special status to Jammu and Kashmir among Indian states, and it is the only state in India to have a separate Constitution and regulations specific to it.
  • Article 370 of the Constitution of India states that Parliament of India and the Union Government jurisdiction extends over limited matters with respect to State of Jammu and Kashmir, and in all other matters not specifically vested in federal governments, actions have to be supported by state legislature.
  • The Government of India can declare emergency in Jammu and Kashmir and impose Governor’s rule in certain conditions.
  • Matters related to defence, foreign relations, communication and finance of Jammu and Kashmir are under jurisdiction of the Constitution of India.
  • Under the provision of Section 92 of the Jammu and Kashmir Constitution, Governor’s rule is imposed for six months, but only after the consent of the President of India.
  • Under the Governor’s rule, the State Assembly is either kept in suspended animation or dissolved.
  • If it is not possible to restore the state machinery before the expiry of the six-month period, the provision is extended.

Note

  • The Governor’s rule was imposed on the state for the first time in March 1977, when the Congress withdrew support to National Conference (NC) government led by the late Sheikh Abdullah.
  • Among notable differences with other states, till 1965, the head of state in Jammu and Kashmir was called Sadr-e-Riyasat, whereas in other state, the title was Governor, and head of government was called Prime Minister in place of Chief Minister in other states.

Why President rule in J&K now?

  • Under the Constitution of Jammu and Kashmir, there is no provision for extension of Governor’s rule.
  • The state is under central rule since June 19 after the BJP withdrew support from the then Mehbooba Mufti-led coalition government.
  • The six-month term of Governor’s rule comes to an end on December 19.
  • Therefore, for the extension of the central rule in Jammu and Kashmir, a spell of President’s rule would be necessary as there may not be an elected government.
  • Under such circumstances, there is no need for the central government to get parliamentary nod for extension of central rule beyond December 19.
  • Governor’s rule in Jammu and Kashmir is imposed under Section 92 of the state’s Constitution, President’s rule is imposed under 356 of the Constitution.
  • Therefore, practically, the central government would not be required to get the approval from both Houses of Parliament for extension of central rule in Jammu and Kashmir if its rule is extended beyond December 19.

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