Friday, March 8, 2019

What is a separate constitution in the state of Jammu and Kashmir of India and What is article 370 ?

1. What is a separate constitution in the state of Jammu and Kashmir of India?  What is article 370 ?

What is a separate constitution in the state of Jammu and Kashmir of India?  What is article 370 and difference between governor and presidential rule in India. #Online Help Hub


Although Jammu Kashmir is a state like the other states of the country, but our constitution has given it status as a special state, due to this, the administrative system here is different from other states, it is the only state of the country which has its own separate constitution, the Indian Constitution According to article 370 of the Parliament of the country and the Union of India there is limited jurisdiction over Jammu Kashmir which is not in the jurisdiction of Union Government. It is under the state legislature that compared to the rest of the country, a major difference in Jammu and Kashmir was on 30 March 1965 and in other states where the post of governor was in place, in the place of the Sadar-e-Riyasat in Jammu and Kashmir and the place of vazir -A-Azam (Prime Minister) was the post. According to Article 27 of the Constitution of Jammu and Kashmir, the election of Sadar-e-Riyasat was done by the state legislature. In the year 1965, after the sixth amendment in the Constitution of Jammu and Kashmir, the post of Sadar-e-Riyasat was given to the Governor and his appointment are done by the President of India.


2. What is the difference between governor and presidential rule in India?


After the resignation of chief minister Mehbooba Mufti in June last year, when the governor's rule was implemented in Jammu and Kashmir, the question was raised whether it is different from the President's rule applicable to other states? In fact this is different. Where in other states, the President's rule is enforced under Article 356 of the Indian Constitution, while the Governor's rule is enforced under Article 92 of the Constitution of Jammu and Kashmir. This governor's rule applies for 6 months. During these 6 months the assembly is adjourned or if the governor wants it can be dissolved. After 6 months of governor's rule, either a new assembly can be elected, otherwise the President's rule can be implemented under Article 356. In both the circumstances, the governor runs the administration on the instructions of the Central Government. But the President's rule in Jammu Kashmir does not seem suddenly, the first governor rules if the governor dissolves the assembly during this period, the elections should be held within six months, if elections are not held within 6 months then the reasons are to be explained in the governor Upon completion of 6 months period of governance, President's rule is implemented there, which can be applicable for 6 months. The President's rule, which came into force in the year 1990, lasted for 6 years. During this time, the law on 61 subjects of the state list could be made the country's parliament.




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