Imposition of President’s Rule in Jammu and Kashmir
Blog post description.
STATE POLITICS IN INDIA
On December 20, 2018, the Central Government imposed President’s Rule in Jammu and Kashmir. This happened because Governor’s Rule, which had been in place for six months since June 20, came to an end. The change occurred when the BJP withdrew its support from its alliance partner, People’s Democratic Party (PDP) resulting in the resignation of Chief Minister Mehbooba Mufti. Governor Satya Pal Malik then dissolved the state assembly on November 21.
The transition from Governor’s Rule to President’s Rule in Jammu and Kashmir is influenced by its special status, leading to a somewhat different mechanism compared to the rest of India, where the two are co-terminus (under Article 356 of the constitution, if a state government is unable to function according to Constitutional provisions, the Centre exercises direct control over the state through centrally appointed Governor during President’s Rule). On the other hand, in the case of Jammu and Kashmir, due to its special status, the failure of governmental function results in Governor’s Rule under section 92 of the Constitution of Jammu and Kashmir rather than Article 356 of the Constitution of India. The Governor later obtains the consent of the President of India and it is only when the Governor’s Rule is revoked for six months that the President’s Rule is imposed in the state under Article 356.
The last instance of President’s Rule being imposed in Jammu and Kashmir was in 1996 when due to heightened militancy, the state was plunged into turmoil. This time, however, President’s Rule was invoked as the state faced challenges in establishing an alternate government after the collapse of the PDP-BJP alliance. In late November, there was a glimpse of the possibility of the PDP, National Conference and the Congress forging an alliance and forming the government, but the 87-member state assembly was dissolved by the Governor before this could materialize. Incidentally, two member People’s Conference led by Sajjad Lone had also stated claim to form a government with 25 members of the BJP and other 18 unknown members.
The gazette notification announcing the imposition of President’s Rule was issued on Wednesday by the Ministry of Home Affairs. It stated that the President received a report from Malekciting reasons such as horse-trading and a lack of stability of government as reasons for his decision and upon considering it, the President was satisfied that President’s Rule was necessary.
The President’s Rule imposed in Jammu and Kashmir was finally revoked on Thursday at midnight, 31 October 2019, following the State’s bifurcation into Union Territories. However, central rule will continue for an indefinite period through the Lieutenant Governor (LG) in the Union Territory of Jammu and Kashmir (Jammu and Kashmir Reorganisation Act, 2019). GC Murmu and RK Mathur were sworn in as the first LGs of Jammu and Kashmir and Ladakh respectively on Thursday (31 October 2019) with Ladakh as a Union Territory without a legislature like Chandigarh.
References
Mohammad Faisal “President's Rule imposed in Jammu and Kashmir after 22 years” (Dec 20, 2018). India Today. Retrieved from
The Wire Staff “How President’s Rule in Jammu and Kashmir Differs From That in Other States” (Dec 20, 2018). The Wire. Retrieved from
https://thewire.in/government/presidents-rule-jammu-kashmir-different
Anjishnu Das “13 years in J&K, 10 times in Manipur, UP: History of President’s Rule” (August 29. 2023) Indian Express. Retrieved from
Press Trust of India “President rule revoked in Jammu and Kashmir after bifurcation into 2 UTs” (Jul 16, 2020) Hindustan Times. Retrieved from
Peerzada Ashiq “Jammu and Kashmir to come under President’s rule from midnight today” (December 19, 2018) The Hindu. Retrieved from
PTI “President's rule in J&K extended for 6 more months beginning July 3” (Jun 12, 2019) Economic Times. Retrieved from
https://economictimes.indiatimes.com/news/politics-and-nation/president-rule-in-jk-to-be-extended-for-6- more months /articleshow/69759938.cms?utm_source= contentofinterest& utm_medium=text&utm_campaign=cppst
PTI “Central rule to continue in Jammu and Kashmir through Lietenant Governor” (December 06, 2021) The Hindu. Retrieved from
Vicky Nanjappa “President’s rule in J&K: The eight times it was imposed in the past” (June 19, 2018) One India. Retrieved from
PTI “After Governor's rule, President's rule comes into force in Jammu and Kashmir” (Dec 20, 2018) Economic Times. Retrieved from
https://economictimes.indiatimes.com/news/politics-and-nation/after-governors-rule-presidents-rule-comes-into-force-in-jammu-and-kashmir/articleshow/ 67168758.cms?utm_ source=contentofinterest&utm_medium=text&utm_campaign=cppst