J&K Constitution Provides For Governor’s Rule Unlike Other States

SRINAGAR — Across all states in India, a state government’s failure results in President’s rule. The process is slightly more nuanced in Jammu & Kashmir where Governor’s rule is imposed.

Under the provision of Section 92 of the Jammu & 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 & Kashmir, and it is the only state in India to have separate Constitution and regulations specific to it. President’s rule in other states of India is imposed under Article 356 of the Constitution of India.

Under Governor's rule, the state assembly is either kept in suspended animation or dissolved. If state machinery is not restored until the expiry of the six-month period, the provision is extended.

Governor's rule was imposed in the state for the first time in March 1977, when the Congress withdrew support to the National Conference 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 the state of Jammu & Kashmir, and in all other matters not specifically vested in federal governments, actions have to be supported by the state legislature.

Among notable differences with other states, till 1965, the head of state in Jammu & Kashmir was called 'Sadr-e-Riyasat', whereas in other state, the title was Governor, and head of the 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 in certain conditions. Matters related to defence, foreign relations, communication and finance of Jammu and Kashmir are under jurisdiction of the Constitution of India.

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