President’s rule came into force in Jammu and Kashmir

Context


After the expiry of 6 months of Governor’s rule in Jammu and Kashmir on December 19, the Central Government implemented President’s rule in the state. Governor Satyapal Malik had recommended the implementation of President’s rule in the state from the central government. Following the notification issued by President Ramnath Kovind from the night of December 20, the state’s legislative powers have come under the authority of the Parliament. It is worth mentioning that in the state, President’s rule came into effect 22 years later.
Presidents Rule

Background


Governor Satyapal Malik in Jammu and Kashmir had dissolved the Legislative Assembly on 21st November, citing the purchase and distribution of the legislators and stability of the government. Before the government fell on June 18, the governor’s rule came into effect in the state.

Jammu and Kashmir’s special rating

  • In other states, President’s rule is implemented directly under Section 356, but under Section 92 of the Constitution of Jammu and Kashmir, governor’s rule applies for initial 6 months.
  • During the governing regime all the legislative powers are contained in the governor. After this, Presidential rule is implemented if necessary.
  • Governor’s rule can not be enforced for more than 6 months under the state constitution.
  • If possible, elections are held in the state during the Presidential rule or extended for a period of six months.

Ranbir Punj Code of Jammu and Kashmir

  • In legal matters, courts take action under the Indian Penal Code (IPC), but the Indian Penal Code is not used in Jammu and Kashmir. Instead, Ranbir Penal Code is used instead. It is also called Ranbir Code of Conduct.
  • According to Article 370 of the Indian Constitution, the Indian Penal Code can not be used in Jammu and Kashmir. Only Ranbir punishments are used in the state, which is applicable in this state since the British era.
  • Before India’s liberation, Jammu and Kashmir was an independent state and at that time there was the rule of the Dogra Dynasty. Maharaja Ranbir Singh was the ruler of Jammu and Kashmir; Hence in 1932, the Ranbir Penal Code was implemented in his name.

What is the President’s rule?

  • Under Article 356 of Indian Constitution, President’s rule is enforced in such a state where all possibilities of running a constitutionally elected government end.
  • The state assembly is dissolved and the governor appointed by the central government discharges the executive powers in the state.
  • During this time, the central government is controlled by all the administrative and legislative powers of the state and the ‘President’s rule’ is considered to be applicable in the state.

Why does President’s rule apply?

  • When a state’s assembly is unable to choose the chief minister
  • When the coalition government running in the state falls short of the split
  • When there is no indispensable reason for getting the assembly elections in the state
  • When a state appears to be clearly in violation of the prescribed statutes in the constitution
High courts can review the rights of the President
By 1994, the President had undisputed right to exercise President’s Rule under Article 356 of any state facing political instability.
S.R. Bommai made the case nazir
In 1994, S.R. The historic decision of the Supreme Court given in the Bommai case changed the situation. In the judgment given by the Supreme Court nine-judge bench in the Bommai case, the matter of misuse of article 356 of the Center has been mentioned.
In that case the court had said …
  • Under the Article 356 (1) of the President, the validity of the declaration of imposition of President’s rule in any state is under the purview of the judicial review.
  • The court can check whether there was any concrete determination to impose President’s rule.
  • Was he relevant?
  • Has this been misused for power?
  • If the Presidential declaration of the first time is found to be challenging, then the central government will have the responsibility to prove that he had relevant and concrete facts in the context of his decision.
  • The court can grant President’s rule unconstitutional and illegal, as well as restore the sacked, suspended or dissolved state government.

History of governor and presidential rule in Jammu and Kashmir

  • 26 March 1977 to 9 July 1977 = 105 days (Governor L. K. Jha)
  • March 6, 1986 to November 7, 1986 = 246 days (Governor Jagmohan)
  • 9th January 1990 to 9th October 1996 = 6 years and 246 days (Governor Jagmohan)
  • 18th October 2002 to 2 November 2002 = 15 days (Governor G.C.Saxena)
  • July 11, 2008 to January 5, 2009 = 178 days (Governor N.N. Vohra)
  • 9 January 2015 to 1 March 2015 = 51 days (Governor NN Vohra)
  • 8 January 2016 to 4 April 2016 = 87 days (Governor N.N. Vohra)
  • From 18 June 2018 …….. (Governor Satyapal Malik)
Note: In all the above cases where the period was more than 6 months, in the first 6 months the governor’s rule and then the President’s rule came into force)

Difference between governor’s governance and presidential rule


After the President’s rule is implemented, all the legislative powers of the governor go to the Parliament. The Parliament will also have the right to make laws. According to the rules, budget is also passed by Parliament in President’s rule, which is why the budget of approximately 89 thousand crores has been passed in the governor’s rule. In the Governor’s rule, the Governor has the right to make laws and pass the budget. Now in the President’s rule, the governor will not be able to make policy and constitutional decisions. For this, they have to get permission from the center. 

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