Srinagar, December 19, 2018 (PPI-OT): As New Delhi has recommended the imposition of President’s Rule in occupied Kashmir after the expiry of the six-month Governor’s Rule on Wednesday, it will be for the first time since 1996 that the territory will be under the President’s Rule. Governor Satya Pal Malik had, on November 21, dissolved the so-called Kashmir Assembly after the pro-India Peoples Democratic Party (PDP), supported by the Congress and National Conference (NC), had staked claim to form the government.
The last time the territory was under President’s Rule was in October 1996 when the Farooq Abdullah-led National Conference took over at the end of six years of direct rule under Indian president. The occupied Kashmir has been under Delhi direct rule eight times, and moved from Governor’s rule to President’s Rule (after six months) on two of those occasions. This will be the third time. Until March 30, 1965, the territory did not have a Governor or Chief Minister; it had a Sadre Riyasat (President of the State) and a Prime Minister.
Under Section 92 of the Jammu and Kashmir Constitution, the Governor can rule for six months with a set of powers, the only requirement being the President’s consent. Governor’s Rule was imposed for the first time on March 26, 1977, when the Congress withdrew support to Sheikh Muhammad Abdullah, the then puppet Chief Minister. The first spell of President’s Rule was in 1986. Sheikh Abdullah’s son-in-law Ghulam Mohammad Shah split the National Conference legislature party, leading to the dismissal of then CM Sheikh Abdullah, and became CM of a Congress-supported NC rebel government.
This was Jagmohan’s first term as Governor, sent by the Congress government in New Delhi. Facing a public backlash, the Congress eventually withdrew its support, leading to Governor’s rule, followed by President’s Rule. The longest spell of central rule, from 1990, after breakdown of the state machinery led to the resignation of CM Farooq Abdullah. New Delhi sent Jagmohan as Governor again.
President’s Rule was repeatedly extended until October 1996. After which the Governor rule was imposed several times but could not extend beyond six-months. Following 2002 assembly poll outcome, governor’s rule led by G C Saxena was imposed in the state from October 18, 2002 to November 2, after Farooq Abdullah refused to continue as caretaker chief minister of the state as PDP and Congress took 15 days in cobbling up numbers to form the government.
The governor rule led by N N Vohra was again imposed from July 11, 2008 to January 5, 2009 following the fall of Ghulam Nabi Azad-led coalition regime. Azad resigned as chief minister of Jammu and Kashmir without facing a confidence vote on the floor of the assembly. The Governor rule was also imposed in 2015, 2016, and now in 2018. However, the elected government was put in place before the six-month period of governor ended.
All the legislature powers are vested with the governor during this period. The governor has to dissolve the Legislative Assembly after the tenure of six months is over and the state will directly come under the President’s Rule for following six months during which elections have to be declared in the territory. In case the elections are not declared, the President’s Rule can be extended by another six months.
Since the occupied Kashmir does not come under President’s Rule under Article 356 of the Indian Constitution and is promulgated under Section 92 of the Jammu and Kashmir Constitution, all the decisions taken thereof shall have a concurrence of the president under Article 74 (1)(i) under which council of ministers with the Indian Prime Minister at the head will aid and advise the President.
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