How President's Rule in Jammu and Kashmir Differs From That in Other States ?
How President's Rule in Jammu and Kashmir Differs From That in Other States |
Article 356 of Indian Constitution provides for President’s Rule to be imposed in any state of India in case of failure of constitutional machinery.However, President’s Rule in Jammu and Kashmir cannot be imposed directly like in other states in India under Article 356 because of the special status accorded to J&K by the constitution.Article 356 of the Indian Constitution was extended to the state of J&K in 1964.Jammu and Kashmir has its own separate Constitution that provides for an intermediary statutory layer.Accordingly, in order to impose President’s Rule in J&K, six months of Governor's rule is compulsory under Article 92 of the Jammu and Kashmir Constitution.When Governor's Rule is imposed in the state for a period of six months, the state assembly remains under suspended animation or the Governor may dissolve the assembly.At the expiry of six months of Governor's Rule and if suspension of assembly has not been revoked, Jammu and Kashmir comes under the President's Rule as mandated by the Constitution of India as per Article 356.Further election to the assembly shall be held within the expiry of 6 months of President’s rule.In case the elections are not declared, President's rule can be extended by another six months.No Presidential proclamation shall in any case remain in force for more than three years except for the intervention of Election Commission of India which has to certify that the continuance in force of the Proclamation is necessary on account of difficulties in holding general elections to the Legislative Assembly.In 1986, the President’s Rule was imposed in the state for the 1stThis is the 1st time President’s Rule is imposed in J&K after 1996.
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