[pib] President’s (not Governor’s) Rule in J&K

Mains Paper 2 : Federalism |

Note4Students

From UPSC perspective, the following things are important :

Prelims level : President's rule in J&K

Mains level : Read the attached story


News

  • Based on the prevailing situation in the state as stated in the report of Governor of J&K, the Union Cabinet has approved the extension of President’s Rule in J&K for a further period of six months under article 356(4) of the Constitution of India.

Why not Governor’s Rule?

  • Under Section 92 of the Constitution of Jammu and Kashmir, there is no provision for further continuation of Gov. Rule after six months.
  • Hence, on the recommendation of Governor, the President issues a proclamation promulgating President’s Rule in J&K under article 356 of the Constitution of India.

What is 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 J&K 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 J&K 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.

History of Governor’s Rule

  • The Governor’s rule was imposed on the state for the first time in March 1977, when the Congress withdrew support to a government led by the late Sheikh Abdullah.
  • Among notable differences with other states, till 1965, the head of state in J&K 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.

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President’s Rule

J&K – The issues around the state
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