Mains Paper 2 : Federalism |
From UPSC perspective, the following things are important :
Prelims level : President's rule in J&K
Mains level : Read the attached story
- 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.