J & K is the integral part of the Indian Union and its territory is Indian territory. It is known that Jammu and Kashmir has its constitution and its administration is run by the same. It means the Part VI (DPSP) of the Constitution
The Constitution of Jammu & Kashmir completed in the 5 years The Constitution of Jammu and Kashmir was adopted on November 17, 1956 and came in effect on January 26, 1957.
In other states of India, when the government does not work as per Constitution, then Presidential rule under Article 356 of Indian Constitution imposed, but when the state of Jammu and Kashmir is not governed by law of rule then according Section 92 of the J & K Constitution, the governor rule was imposed here
Which is in better position
It is known that the President of India does not have the right to declare a financial emergency in Jammu & Kashmir Even the President of India does not have power to suspend the state of the situation.
It is important to mention that the state emergency can be imposed in Jammu & Kashmir, but it can be imposed on the failure of the state machinery according to the jurisdiction of the provisions of jammu and kashmir only Indian Constitution
State Emergency or governor's rule can be imposed in J & K in two ways;
1. President's rule as per Indian Constitution:
The President's rule has been introduced in the state in 1964. Earlier, in the case of the failure of the state administration, only governor's rule used to implement in the state. The President's rule was imposed for the first time in the state in 1986.
2. State Constitution as per State Constitution:
When the State machinery does not work according to the provisions of the Constitution of Jammu & Kashmir; Then the Governor's rule is imposed in the state under section 92 of J & K Constitution.
The governor's rule was implemented in the Jammu and Kashmir for the first time in 1977, which continued around 105 days; March 26, 1977 to 9 July 1977.
The governor's rule is imposed in the state for the eighth time on 20 June 2018, when the BJP snatched the support from the PDP and Mehbooba Mufti had to resign.
In the constitutional position in Jammu and Kashmir, other states of India and governor's rule state rule instead of state in force.
