President Ram Nath Kovind approves Governor's rule in J&K after BJP-PDP split

Jun 20, 2018 14:26 IST
Governor's rule imposed in Jammu and Kashmir after BJP-PDP split

President Ram Nath Kovind on June 20, 2018 approved the Governor's rule in Jammu and Kashmir (J&K) following the resignation of Mehbooba Mufti as Jammu and Kashmir's Chief Minister.

The move came hours after the Bharatiya Janata Party (BJP) pulled out of its alliance with Mehbooba Mufti’s Peoples Democratic Party (PDP), citing the “critical security situation” in the Valley.

After BJP-PDP split, the Union Ministry of Home Affairs (MHA) had submitted a detailed report to the President regarding the Governor’s rule after receiving it from J&K Governor NN Vohra.

What led to BJP-PDP split?

As per BJP General Secretary Ram Madhav "It has become untenable for the BJP to continue in the alliance government in Jammu and Kashmir". BJP blames the Peoples Democratic Party for the challenging security conditions in the Valley.

He also pointed that, “Terrorism, violence and radicalisation have risen and fundamental rights of the citizens are under danger in the Kashmir Valley.”

He also cited the killing of senior journalist Shujaat Bukhari in Srinagar by unidentified gunmen, which took place a few days back. And only two days before Eid, an army soldier was abducted while going on Eid leave and was killed.

Considering all these factors and to control the prevailing situation in the state, BJP decided to pull out of the alliance and hand over the reins of J&K to the Governor.


Governor NN Vohra to rule J&k for fourth time

With the President’s approval, Jammu and Kashmir is again back in the hands of Governor NN Vohra, who will be running the state for the fourth time.

During the tenure of Vohra, Governor's rule was imposed in Jammu and Kashmir for the first time in 2008 for 174 days after the PDP withdrew its support from Ghulam Nabi Azad-led Congress-PDP coalition government.

Why Governor's Rule in J&K when other Indian states have provision of President's Rule?

Jammu and Kashmir has a constitution of its own which runs parallel with the Indian Constitution. 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.

As per the India Constitution, President's Rule shall be implemented in states in case of absence of an elected government with the exception of Jammu and Kashmir where Governor's Rule is imposed.  

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. On the other hand, the President’s rule is imposed in all other states under Article 356 of the Indian Constitution.

The Government of India can declare emergency in Jammu and Kashmir and impose Governor's rule in matters related to defence, foreign relations, communication and finance of Jammu and Kashmir as these are under jurisdiction of the Constitution of India.

Section 92 of the Constitution of Jammu and Kashmir

Vohra's recommendations for imposition the Governor's Rule was made under Section 92 of the Constitution of Jammu and Kashmir.

The Jammu and Kashmir Constitution allows the state to be placed under the Governor’s rule for six months. However, if an elected government fails to take office within the six-month period, the state can then be placed under the President's rule.

Under Governor's rule, the state assembly is either kept in suspended animation or dissolved.

The Governor's rule was imposed in the state for the first time in March 1977 during the tenure of Governor LK Jha, when the Congress withdrew support to the National Conference government led by the late Sheikh Abdullah.


Governor's rule imposed for the 8th time in J&K in 4 decades

This is the eighth time in last four decades that Jammu and Kashmir has been put under Governor's rule and fourth during the tenure of Vohra since 2008. Here are the details:

S. No.

Year

Reason

Duration

1.

March 1977

Governor's Rule was imposed for the first time during the tenure of Governor L K Jha after state Congress withdrew support to the minority government of Sheikh Mohammad Abdullah of National Conference.

105 days

2.

March 1986

Governor's Rule was imposed for the second time after state Congress withdrew support to the minority Government of Ghulam Mohammad Shah.

246 days

3.

 

January 1990

The third time Governor's Rule was imposed when Farooq Abdullah resigned as the Chief Minister over the appointment of Jagmohan as the Governor of J&K.

 

This was the longest spell of Governor's Rule -- six years and 264 days

4.

October 2002

 

Governor's Rule was imposed after caretaker Chief Minister Farooq Abdullah refused to continue in the office in the wake of his party's defeat in the 2002 assembly elections.

 

It was the shortest spell of Governor's Rule -- 15 days

5.

June 2008

 

Governor's Rule was imposed for the first time during the tenure of Vohra after the PDP withdrew support to Ghulam Nabi Azad-led Congress-PDP coalition government in 2008.

 

174 days

6.

December 2014

 

Governor's Rule was imposed 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.

 

3 months

7.

January 2016

 

The state was placed under Governor's Rule as the process of a new government formation in the state was taking time following the death of Chief Minister Mufti Mohammad Sayeed.

-

 

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