President’s rule imposed on Kashmir

The central government imposed President’s rule in Jammu and Kashmir starting from December 20, 2018, as the Governor’s rule expires in the state six months after it was imposed.

A communication from the governor’s office was sent to the centre and subsequently, it was moved to the Union Cabinet for its nod. President’s rule was first imposed in the state in 1986, whereas the previous instance of President rule was 22 years ago.

Since the state has a separate Constitution, in such cases, six months of Governor’s Rule is compulsory under Article 92 of the Jammu and Kashmir Constitution, under which, all the legislative powers are vested with the governor.

The governor has to dissolve the Legislative Assembly after six months. The state then
directly comes under President's rule for another six months after which elections have to be held in the state.

In case the elections are not declared, President's Rule can be extended by another six months. The governor dissolved the assembly citing horse-trading and lack of stability to form a government as the reasons.

What is President's Rule?

  • President's Rule is the imposition of Article 356 of the India Constitution on a state which gets incapable of running the constitutional machinery.
  • In such times, the state comes under the direct control of the central government of India, which is termed as “under the President’s Rule”
  • The President dissolves the state assembly and orders the centrally appointed
    Governor to execute the operations of the state

Why is it implemented?

  • President's Rule is implemented under the following circumstances:
  • If a state is unable to elect a leader as its Chief Minister
  • If the state's coalition government fails
  • If the state's elections are postponed for unavoidable reasons
  • If the state is unable to comply with the constitutional norms.

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