Why Governor’s Rule is imposed in Jammu & Kashmir only?

Nov 22, 2018 12:03 IST
Governor rule in J & K

Jammu & Kashmir is the integral part of the Indian union and its territory is the part of the Indian territory. It is known that Jammu & Kashmir has its Constitution and its administration is run by the same. It means the Part VI (DPSP) of the Indian Constitution do not apply to the state.

The Indian Constitution has article 370 which has provided special provisions to the Jammu & Kashmir. Due to the special status to the Jammu & Kashmir, all the provisions of the Indian Constitution do not apply on the Jammu & Kashmir.

The Constitution of Jammu & Kashmir completed in the 5 years. The Constitution of Jammu and Kashmir was adopted on November 17, 1956 and came into effect on January 26, 1957.

In other states of India, when the government does not work as per the Constitution, then Presidential rule under the article 356 of Indian Constitution imposed, but when the state of Jammu & Kashmir is not governed as per the rule of law then as per the section 92 of the J & K constitution, the governor rule is imposed here.

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It is known that the President of India does not have the right to declare a financial emergency in Jammu & Kashmir. Even the President of India does not have power to suspend the constitution of the state on the ground of the failure to comply with the directions given by him/her.

It is important to mention that the state emergency (Presidential rule) can be imposed in Jammu & Kashmir, but it can be imposed on the basis of the failure of the state machinery as per the provisions of the Constitution of the Jammu & Kashmir only not on the basis of Indian Constitution.

State Emergency or governor's rule can be imposed in J & K in two ways;

1. President's rule as per the Indian Constitution:

The President's rule has been introduced in the state in 1964. Earlier, in the case of the failure of the state administration, only governor's rule used to implement in the state. The President's rule was imposed for the first time in the state in 1986.

2. Governor's rule as per the State Constitution:

When the State machinery does not work according to the provisions of the Constitution of Jammu & Kashmir; then Governor's rule is imposed in the state under the section 92 of J&K Constitution.

The governor's rule was implemented in the Jammu & Kashmir for the first time in 1977, which continued around 105 days; from March 26, 1977 to 9 July 1977.

During this time Sheikh Abdullah of the National Conference was the Chief Minister of the state. When the Congress Party withdrawn its support then Sheikh Abdullah government loose majority and Abdullah had to resign.

The longest tenure of governor's rule in Jammu & Kashmir was of 6 years 264 days when Farooq Abdullah had resigned on January 19, 1990 and the crisis lasted till October 9, 1996.

The governor’s rule is imposed in the state for the eighth time on 20 June 2018, when the BJP snatched the support from the PDP and Mehbooba Mufti had to resign.

So in this way you read that how the constitutional position in Jammu & Kashmir is different from other states of India and why governor's rule is imposed in the state instead of President's rule.

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