In all states of India, failure of the state government results in the imposition of the President’s rule. The process is slightly more nuanced in Jammu and Kashmir, where not the President’s, but Governor’s rule is imposed.
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 Constitution of India grants special status to Jammu and Kashmir among Indian states, and it is the only state to have a separate Constitution and regulations specific to it. The President’s rule in other states of India is imposed under Article 356 of the Indian Constitution.
Under the Governor’s rule, the State Assembly is either kept in suspended animation or dissolved. If it is not possible to restore state machinery before the expiry of the six-month duration, the provision of Article 356 of the Constitution is extended and the President’s rule is imposed .
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.
Article 370 of the Constitution of India states that the Parliament and the Union government’s jurisdiction extends over limited matters with respect to Jammu and Kashmir. In all other matters, not specifically vested in federal governments, actions have to be supported by the state legislature.
Among notable differences with other states till 1965, the head of state in Jammu and Kashmir was called Sadr-e-Riyasat, whereas in other states the title was Governor. The head of government was also called Prime Minister in place of Chief Minister in other states.
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 the jurisdiction of the Indian Constitution.
PTI
