THINGS TO KNOW ABOUT GOVERNOR’S RULE IN JAMMU & KASHMIR

The Bharatiya Janata Party (BJP) has withdrawn from the coalition it had formed with the People’s Democratic Party (PDP) in Jammu and Kashmir. The decision was announced by party general secretary Ram Madhav after BJP’s J&K lawmakers had a meeting with Amit Shah in Delhi.

Chief minister Mehbooba Mufti has submitted her letter of resignation to the governor.

BJP favours Governor’s rule in Jammu and Kashmir said party general secretary Ram Madhav.all about governors-rule jammu kashmir

Here’s what you must know about the Governor rule in Jammu & Kashmir.

What is Governor’s Rule?

ACT 356- one of the Emergency Provisions enumerated in the constitution of India, introduced as Draft Article 278, by the then Union Law Minister, Dr. B.R. Ambedkar. Under the Article- the President can dismiss a State Government or dissolve a State Assembly or keep it under suspended animation in the event of a failure of the constitutional machinery in that state.
In layman language, when the State Government is unable to function as per the Constitution, the state comes under the direct hold of the Centre, exercised through the Governor. With Jammu and Kashmir under President’s rule. Governor N.N. Vohra will assume all political power, since the State will not have a Chief Minister or a Cabinet.

What about the Legislative Assembly?

Jammu and Kashmir Governor NN Vohra on 20-06-2018 placed the state Assembly under suspended animation.After the imposition of Governor’s rule, Vohra exercised his powers under the Constitution

All he functions of the government or any of the powers vested in or exercisable by the Governor and the Legislature of the State is no more functional during the duration. The powers of the Legislature if the State are exercisable by or under the authority of the Parliament. The Centre however can not intervene in Provincial affairs.

Why has it been imposed in Jammu and Kashmir ?

The two parties have had several differences in the recent past, most recently after the Centre did not extend the unilateral ceasefire it had called in the state during Ramzan. Mehbooba had asked for the ceasefire, and the state BJP had said that it did not support the idea.

Differences between the BJP and PDP had also boiled over when BJP MLAs joined a rally in support of the accused in the gangrape and murder of an eight-year-old girl in Jammu’s Kathua.

The parties have disagreed in the past on holding talks with separatists and removal of the Armed Forces (Special Powers) Act.

The elections despite the highest record of polling i.e. 66%, resulted ina fractured verdict and no single party could muster the majority of 44 seats. PDP won from 28 seats and BJP with 25 seats. NC and Congress just had 15 and 12 seats in their kitty, staying far in the election relay. The fractured verdict hence is making the parties take longer than expected, to weigh all the options.

How was the Governor Rule imposed?

After Mehbooba Mufti submission of resignation from the current position CM. The Governor then sent this report to President Ram Nath Kovind, about the constitutional crisis where the CM has resigned and there is no alternative political government in sight yet.

Have Similar situations arisen before as well, leading the state towards the imposition of Governor’s rule?

Jammu and Kashmir sees Governor rule for the eight time since 1977.
It was first imposed on March 26, 1977 and continued for 105 days. The state was under Governor LK Jha after the Congress withdrew support from Sheikh-Muhammad Abdullah led coalition.
March 6, 1986 to November 7,1986– The state was again imposed with Governor’s Rule. Jagmohan was the then Governor of the State and the rule came into effect after Ghulam Mohommad Shah had overturned Farooq Abdullah government.The Congress nevertheless, withdrew support to Shah, leading it to Governor’s rule for another six months.

Read also: Six Reasons Why BJP Pulled The Plug In Jammu & Kashmir

Governor’s rule was witnessed for over six years in 1990 with Jagmohan as the Governor. Imposed on January 19,1990 to October 9,1996, this is the lonegst duration of Governor’s rule as it became inevitable due to the crucial militancy sitiuation in the State,
The year 2002 also witnessed a fractured verdict and Governor’s rule came into effect for fifteen days with GC Saxena being the Governor at that time.
On July 7,2008, it was imposed when NN Vohra was the governor. After the fall of ghulam Nabi Azad led coalition the state witnessed the governor’s rule for the fifth time.

In 2015, the state came under the governor’s rule for the sixth time after PDP and BJP took two months to cobble up a coalition government.

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