Central Rule in Jammu and Kashmir

On 20.6.2018, the Governor of Jammu and Kashmir, in exercise of the powers conferred by Section 92 of the Constitution of Jammu and Kashmir and, with the concurrence of President of India, issued a proclamation inter alia assuming to himself all the functions of the Government of the State of Jammu and Kashmir.

In all states of India, the government’s failure results in 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 in India 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 Constitution of India.

Under the governor’s rule, the state assembly is either kept in suspended animation or dissolved. If it is not possible to restore the state machinery before the expiry of the six-month period, the provision is extended.

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 Parliament of India and the Union government jurisdiction extends over limited matters with respect to state of Jammu and Kashmir, and in all other matters not specifically vested in federal governments, actions have to be supported by 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 state, the title was Governor, and head of government was 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 under certain conditions. Matters related to defence, foreign relations, communication and finance of Jammu and Kashmir are under jurisdiction of the Constitution of India.