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Presidential rule imposed in Jammu and Kashmir

Jan 9, 2015 19:24 IST

President rule was imposed in Jammu and Kashmir (J &K) on 9 January 2015. President Pranab Mukherjee approved the recommendation of the Governor of Jammu and Kashmir N N Vohra.

Governor N N Vohra had recommended for President Rule in light of deadlock over the formation of the new government continued in J & K.

The Jammu and Kashmir Legislative Assembly election were held in five phases in December 2014.  In the Assembly election, People’s Democratic Party (PDP) won 28 seats, Bharatiya Janata Party (BJP) won 25 and National Congress (NC) won 15 seats.

The political parties failed to form government after no party was able to muster the majority of 87 seats required to form the government. Even the attempts of PDP and BJP to cobble up a coalition did not fructify.

Hence Presidential Rule was recommended by the Governor after Caretaker Chief Minister Omar Abdullah requested Governor Vohra to relive from his duties.

Constitutional Provision of Presidential Rule
Article 356 of the Constitution empowers the President to issue proclamation; if he is satisfied that situation has arisen in which the government of state cannot be carried on in accordance with the provisions of constitution.

However, in case of Jammu and Kashmir, for the imposition of President Rule, Section 92 of the Jammu and Kashmir Constitution is invoked. Governor's rule proclamation is issued by Jammu & Kashmir State Governor after obtaining consent of the President of India.

If it is not possible to revoke Governor's rule before within six months of imposition, President's Rule under Article 356 of the Constitution of India is imposed. But for all practical purposes, there is no difference between the two provisions.

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