June 20

nn-vohra.jpg

In the event of failure of constitutional machinery in any other state of India, the President’s Rule is imposed under Article 356 of the Constitution. But in case of Jammu and Kashmir, the Governor’s Rule for a period of six months is imposed under the provision of Section 92 of the State Constitution and the proclamation to this effect is issued by the Governor only after the consent of the President of India.

The State Assembly is either kept in suspended animation or dissolved. If it is not possible to restore the Constitutional machinery before the expiry of this six month period, the provision of Article 356 of the Constitution is extended and the President’s rule is imposed in the State.

Here is what the Governer’s rule means
The Governer can himself carry out all or any of the functions of the state Government of and all or any of the powers vested in or by anybody or any authority in the State.
The Governor can suspend in whole or in part the operation of any provision of the Constitution relating to anybody or authority in the State.

Governor has powers vested in him vested in or exercisable by the High Court or to suspend in whole or in part the operation of any provision of this Constitution relating to the High Court, Any such Proclamation may be revoked or varied by a subsequent Proclamation.

If law made by Governor will have effect until two years have elapsed from the date on which the proclamation ceases to have effect, unless sooner.

No Proclamation under this section shall, except where it is a Proclamation revoking a previous Proclamation, be laid before each House of the Legislature as soon as it is convened.

Author: News Desk

News Reporter