The state of Jammu and Kashmir is all set to see a governor’s rule following the sudden break in ties between BJP and PDP and subsequent resignation of chief minister Mehbooba Mufti. This will be the eighth spell of a governor ruling the state, also fourth such incident under NN Vohra, a former civil servant, who became the Governor on June 25, 2008.
The imposition of governor’s rule in J&K is slightly different than that in other states. In other states, the president’s rule is imposed under the Article 356 of Constitution of India. In J&K, governor’s rule is mentioned under Article 370 section 92 – ‘ Provisions in case of failure of constitutional machinery in the State.’
Here’s a look at provisions for Governor’s rule and the dispensation of duties under Article 370 section 92:
92. Provisions in case of failure of constitutional machinery in the State.-
(1) If at any time, the *Governor is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the *Governor may by Proclamation- (a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by anybody or authority in the State;
(b) make such incidental and consequential provisions as appear to the *Governor to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provision of this Constitution relating to anybody or authority in the State:
Provided that nothing in this section shall authorise the *Governor to assume to himself any of the powers 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.
(2) Any such Proclamation may be revoked or varied by a subsequent Proclamation.
(3) Any such Proclamation whether varied under subsection (2) or not, shall except where it is a Proclamation revoking a previous Proclamation, cease to operate on the expiration of six months from the date on which it was first issued.
(4) If the *Government or by a Proclamation under his section assumes, to himself any, of the powers of the Legislature to make his laws, any law made by him in the exercise of that power shall, subject to, the terms there of continue to have effect until two years have elapsed from the date on which the proclamation ceases to have effect, unless sooner
(5) 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.