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Article 356 not applicable to J&K Misinformation campaign 12/14/2018 10:42:50 PM Early Times Report JAMMU, Dec 14: Some vested interests in Kashmir have started creating an impression that Article 356 is also applicable to J&K and that the state would come under the President's Rule on December 19 after the completion of the Governor's Rule on December 19. The state Governor had imposed his rule in the state on June 19, the day the BJP withdrew its support to the Mehbooba Mufti-led coalition government. Article 356 is not also applicable to the state. Those who say that is applicable to state are only misleading the people for reasons best known to them. J&K is the solitary state in India which can be kept under the Governor's Rule for a maximum period of 6 months in case the constitutional machinery of the state breaks down. The J&K State is governed by separate J&K Constitution of 1957 and its Section 92 empowers the state governor to take over the administration for a maximum period of 6 months with the consent of the Union President. Besides, J&K State is the only State in the country which can be kept under the President's Rule for any number of years under Article 370 of the Indian Constitution without amending the Indian Constitution. J&K was kept under the Governor's Rule and the President's Rule between January 19, 1990 and October 9, 1996 and the Indian Constitution was not amended even once, as the Article 356 was not applicable to the state. In all other states, the situation is different: failure of the state government to uphold Indian Constitution results in the imposition of the President's Rule for a maximum period of one year under Article 356 of the Indian Constitution. Not just this, the Government of India is bound to amend the Indian Constitution in case it wants to keep the disturbed state under the President's Rule beyond a period of one year. For example, Punjab was kept under the President's Rule between 1987 and 1992 but the Government of India had to amend the Indian Constitution at least four times.   Share This News with Your Friends on Social Network     Comment on this Story

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