Emergency provisions in Kashmir

Q.  Which of the following is/are true?

1) Emergency provisions like that of President’s Rule do not apply to the state of Jammu and Kashmir.
2) Governor’s Rule is imposed in emergencies in Jammu and Kashmir.

- Published on 19 Feb 16

a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2

ANSWER: Only 2
 
  • The State Emergency (President’s Rule) is applicable to the state.
  • However, this emergency can be imposed in the state on the ground of failure of the constitutional machinery under the provisions of state Constitution and not Indian Constitution.
  • In fact, two types of Emergencies can be declared in the state, namely, President’s Rule under the Indian Constitution and Governor’s Rule under the state Constitution.
  • In 1986, the President’s Rule was imposed in the state for the first time.

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