Table of Contents
•About Governor rule
•Previous Governor rule
•President rule vs governor rule
• President Ram Nath Kovind has given his assent to imposition of Governor’s rule in Jammu and Kashmir. This is the eighth time in the last four decades J&K was put under Governor’s ruleand third time under J&K Governor N N Vohra tenure
• Governor NN Vohra will be presiding over the state for the fourth time, during his 10-year tenure, having overseen governor’s rule in 2008, 2015 and 2016.
• President’s approval comes after J&K Governor N N Vohra sent his report to President recommending imposition of Governor’s rule in the state day
• Mehbooba Mufti-led PDP-BJP government collapsed.
• No major political party showed interest in forming or continuing any coalition for government in . the state..
•In case of failure of constitutional machinery in any other state of India, President’s Rule is imposed under Article 356 of the Constitution.
• But in case of J&K, as per Section 92 of state Constitution, Governor’s Rule s imposed in
the state
• During the Governors rule, State Assembly is either suspended or dissolved.
• If the Constitutional machinery is not restored before the expiry of this six month period, the provision of Article 356 of the Constitution of India are extended to J&K and the President’s rule is imposed in the State.
• The assembly in suspended animation means that MLAs don’t lose their seats.
• An assembly is kept in suspended animation only if the governor feels that there is
possibility of government formation in the near future.
• If that, doesn’t happen, he can recommend dissolution of assembly in which case MLAs
cease to be MLAs.
• J&K’s police chief is happy because “it is much easier” to work under governor’s rule.
BVR Subrahmanyam would, meanwhile, be happy with his appointment as the new chief secretary of J&K.
• At the expiry of six months of Governor’s Rule and if suspension of assembly has not been
revoked, Jammu and Kashmir comes under the President’s Rule as mandated by the Constitution of India as per Article 356.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
• March 26-July 9, 1977; Governor: L K Jha for 105 days
• March 6-November 7, 1986; Governor: Jagmohan for 246 days
• January 19, 1990- October 9, 1996; Governor: Jagmohan for 6 years, 264 days
• October 18-November 2, 2002; Governor: GC Saxena for 15 days
• July 11, 2008-January 5, 2009; Governor: NN Vohra for 178 days
• January 9, 2015-March 1, 2015; Governor: NN Vohra for 51 days
• January 8, 2016-April 4, 2016; Governor: NN Vohra for 87 days
PRESIDENT RULE
•Article 355.
• Article 356
• Article 365
• If approved by both houses of Parliament then President Rule shall continue for 6 months and it can be renewed for maximum of 3 yrs by approval of Parliament after every 6 months.
• But if dissolution of LS takes place in that 6 months and resolution for renewal of President Rule is under consideration then President Rule survives till 30days from first sitting of newly
elected LS provided that already approved by RS.
• Any of above resolution related to proclamation or renewal of emergency must be passed by both houses of Parliament by Simple majority.
• Termination –The President Rule can be revoked by President any time he thinks fit before it ceases to operate.
• 44th Constitutional Amendment 1978 – It introduce some constraints to impose President Rule beyond period of 1year and states that the President Rule can’t be imposed in any state beyond 1 year unless:-
A Proclamation of National Emergency is in operation, in the whole of India or, as the case may be, in the whole or any part of the State, at the time of the passing of such resolution.
• The Election Commission certifies that the continuance of President Rule is necessary on account of difficulties in holding general elections to the Legislative Assembly of the State concerned
• Supreme Court Guidelines: S R Bommai vs Union of India Case (1994)
• The following principles are set up by Supreme Court for use of Article 356:-
• The Proclamation of President Rule is subject to judicial review (as provided by 44th Amend 1978) on grounds of mala fide intention;
• The Proclamation shall be based on relevant material and centre has to justify the imposition of President rule;
• The court has power to revive dissolved or suspended state govt if proclamation of President rule founds unconstitutional and invalid
SARKARIA COMMISION
• The Commission noted that this Article has been misused in 90% of the cases for political purposes. So it recommends that:
• a) The President’s Proclamation should include the ‘reasons’ as to why the State cannot be run as per the normal provisions of the Constitution.
• b) As far as possible, the Centre should issue a warning to the State government before resorting to the use of Art. 356.
• c) It should not be used to serve political purposes.
WhatsApp