Polity & Governance
3rd Jan, 2019
Recently Lok Sabha passed a Statutory Resolution approving the proclamation of President’s Rule in Jammu and Kashmir.
Process of imposing President's Rule in Jammu and Kashmir
- In other states, President's Rule is imposed after collapse of the local government under Article 356 of the Constitution. But Jammu and Kashmir has its own separate Constitution that provides for an intermediary statutory layer in the state.
- As per Article 92 of the Jammu and Kashmir Constitution, Governor's Rule is imposed in the state for a period of six months. Jammu and Kashmir assembly remains under suspended animation during this period. However, the governor may dissolve the assembly.
- Suspended animation of the assembly means the elected MLAs remain in office and legislative assembly continues to exist without the power of legislation. The governor assumes the power of legislation during this period.
- At the expiry of six months of Governor's Rule and if suspension of assembly has not been revoked, Jammu and Kashmir comes under the President's Rule as mandated by the Constitution of India as per Article 356. However, in both the cases, the governor administers as per the Centre's directions.
- If the Governor decides to dissolve Legislative Assembly during his own rule or when the state is under the President's Rule, election shall be held within six months.
- If the Election Commission does not hold polls in Jammu and Kashmir within six months from the date of dissolution of Assembly, it is required to explain reasons for not doing so.
Governor’s Rule v President’s Rule
- It can be applied only in J&K.
- It can be applied under Article 92 of J&K Constitution.
- J&K Governor recommends it to the President of India.
- President gives his approval to imposition of Governor’s rule.
- It is applicable for maximum 6 months.
- During this period J&K Assembly is under suspension.
- MLA remains in office, assembly exists without power of legislation.
- The Governor is responsible for legislation during this period.
- Governor may dissolve assembly, but fresh elections shall be conducted within 6 months from date of dissolution of assembly.
- Governor may revoke assembly during this period.
- After end of period of 6 months, Governor’s rule is terminated and under Article 356 of Constitution of India, President’s rule is imposed in J&K.
- It is applied under Article 356 of Indian Constitution.
- It can be in operation for 6 months if approved by parliament.
- Parliament must approve it after every 6 months, and for maximum 3 years to remain in operation.
- President dismisses council of ministers; he may suspend or dissolve legislative assembly.
- Legislative power of state assembly is taken over by Parliament.
- The state assembly could not be dissolved before approval of Parliament for Presidents rule.
- If such imposition is found unconstitutional and invalid, dissolved or suspended state Government may be revived by court.
Things to remember
- Under Part XXI of the Constitution of India, which deals with “Temporary, Transitional and Special provisions”, the State of Jammu and Kashmir has been accorded special status under Article 370.
- Even though included in 1st Schedule as 15th state, all the provisions of the Constitution which are applicable to other states are not applicable to J&K. For example, till 1965, J&K had a Sadr-e-Riyasat for Governor and Prime Minister in place of Chief Minister.
- J&K is the only state in India which has a Constitution of its own. The Constitution of J&K was enacted by a separate Constituent Assembly set up by the State and it came into force on 26th January 1957.
- Parliament or the Union Legislature has very limited jurisdiction in case of J&K as compared to other states. Till 1963, Parliament could legislate on subjects contained in the Union List, and had no jurisdiction in case of Concurrent List under 7th Schedule of the Constitution.
- But now, the Parliament has power to legislate not just on subjects contained in the Union List but also on some of the subjects of Concurrent List. Residuary powers, unlike other states, rest with J&K. The Parliament has no power to legislate Preventive Detention laws for the state; only the state legislature has the power to do so.
- The Union of India has no power to declare Financial Emergency under Article 360 in the state.
- The Union can declare emergency in the state only in case of War or External Aggression.
- No proclamation of emergency made on the grounds of internal disturbance or imminent danger thereof shall have effect in relation to the state unless (a) it is made at the request or with the concurrence of the government of the state; or (b) where it has not been so made, it is applied subsequently by the President to that state at the request or with the concurrence of the government of that state.
- In December 1964, Articles 356 and 357 were extended to the state.