Mains Paper 2: Polity | Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions & basic structure
From UPSC perspective, the following things are important:
Prelims level: Governor’s rule in J&K
Mains level: Salient Features of Presidents Rule
Governor’s rule to expire
- Jammu and Kashmir is all set for President’s rule in January as there were no plans to dissolve the Assembly yet.
- Since J&K has a separate Constitution, Governor’s rule is imposed under Section 92 for six months after an approval by the President.
- In case the Assembly is not dissolved within six months, President’s rule under Article 356 is extended to the State.
Centre has to decide
- There are no plans to dissolve the Assembly yet.
- The decision to hold fresh Assembly elections in the State lies with the Centre and the Election Commission.
Governor’s rule in J&K
- In all states of India, the state government’s failure results in President’s rule.
- The process is slightly more nuanced in Jammu and Kashmir where not the President’s but Governor’s rule is imposed.
- 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.
- 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.
- The President’s rule in other states of India is imposed under Article 356 of the Constitution 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.
- 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.