Governor’s rule in J&K while President’s rule in other states, Why?
A day after BJP pulled out of its alliance with PDP in Jammu and Kashmir, the state has come under Governor’s rule with immediate effect. President Ram Nath Kovind conveyed his approval for the Governor’s rule to the Union Home Ministry at 6 am today. Governor NN Vohra had sent a report to the President, late last night after holding a consultation with all the political parties.
This is the eighth occasion when Jammu and Kashmir has come under Governor’s Rule in the last four decades with the first being in March 1977. It will be the fourth time that the state would be placed under Governor’s Rule during NN Vohra’s tenure. Vohra, a former civil servant, became the Governor on June 25, 2008.
Why Governor’s Rule ?
In India, President’s Rule is implemented in case of state government’s faliure with the exception of Jammu and Kashmir where Governor’s Rule is imposed.
The President’s Rule is imposed in other states under Article 356 of the Indian Constitution. But in the case of Jammu and Kashmir, Governor’s Rule is imposed for a period of six months under Section 92 of the Constitution of Jammu and Kashmir.
The Governor’s Rule can be imposed for six months after the consent of the President of India. If the Constitutional machinery is not restored in 6 months, the provision of Article 356 of the Indian Constitution is extended and the President’s rule is imposed.
Occasions of Governor’s rule:
March 1977: Governor’s Rule was imposed for the first time on March 26, 1977 during the tenure of Governor L K Jha after state Congress then headed by Mufti Mohammad Sayeed pulled out of alliance with National Conference headed by Sheikh Mohammad Abdullah. The Governor’s Rule lasted for 105 days and ended as the National Conference won the Assembly polls.
March 1986: Governor’s Rule was imposed for the second time in March 1986 after state Congress again headed by Sayeed withdrew support to the minority Government of Ghulam Mohammad Shah. Shah became the Chief Minister after he led a rebellion with National Conference against his brother-in-law and then incumbent Chief Minister Farooq Abdullah in 1984. This 246-day spell ended after Farooq Abdullah entered into an accord of his own with the then prime minister Rajiv Gandhi.
January 1990: The third time Governor’s Rule was imposed in January 1990 when Farooq Abdullah resigned as the chief minister over the appointment of Jagmohan Malhotra as the Governor following the eruption of militancy in the state. This was the longest spell of Governor’s Rule — six years and 264 days — which ended in October 1996 after National Conference returned to power in Assembly elections held after a gap of nine-and-a-half years.
October 2002: Governor’s Rule had to be imposed in the state for the fourth time in October 2002 after Chief Minister Farooq Abdullah refused to continue in the office in the wake of his party’s defeat in the assembly elections that year. The 2002 Assembly polls threw up a hung assembly with no party in a position to form a government on its own. Sayeed, whose regional PDP had won 16 seats, negotiated an alliance with the Congress and dozen-odd independents to form the government, ending the 15-day direct Central rule on March 1, when Sayeed was sworn in as the chief minister.
It was the shortest spell of Governor’s Rule — 15 days — as the PDP and Congress with support of 12 independents formed a government on November 2.
June 2008: Governor’s Rule was imposed in the state for the fifth time for 174 days after the PDP withdrew support to Ghulam Nabi Azad-led Congress-PDP coalition government in 2008. The PDP withdrew support to the government on June 28, 2008 following widespread protests during the Amarnath land row agitation that pitted Hindu-dominated Jammu region against the Muslim-majority Kashmir valley. Azad was to seek a vote of confidence in the Legislative Assembly on July 7 but chose to resign instead. The central rule came to an end on January 5, 2009 after NC leader Omar Abdullah was sworn in as the youngest chief minister of the state.
It was for the first time that Governor’s Rule was imposed during the tenure of Vohra.
December 2014: The Governor’s Rule was imposed in the state for the sixth time after the assembly election results on December 23, 2014 threw up a hung assembly with no party or combination of parties able to stake claim for government formation and Omar Abdullah, the chief minister, asking to be relieved from the duties with immediate effect on January 7.
The central rule ended after the PDP and the BJP stitched an alliance paving the way for the return of Mufti Sayeed as chief minister on March 1, 2015.
The state was placed under Governor’s rule following the death of Chief Minister Mufti Mohammad Sayeed and the process of new government formation taking time and his daughter Mehbooba Mufti took charge with a coalition government of PDP and BJP.