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| Governor Rule, a betrayal of mandate? | | 
By K B Jandial
Imposition of Governor Rule in J & K last week may not necessarily mean the end of efforts of the “likeminded” and “ideologically diverse” political parties to cobble up a stable Govt. in deference to the mandate of the people. But it decidedly is a huge disappointment to the electorate who were keen to see a popular Govt. in saddle in J & K which would have reflected the change for which the people have voted against all odds.
The delay in arriving at a mutually “acceptable ground” after keeping aside the “perceived” contentious issues in each other’s manifesto and ideology for running a stable and responsive Government has complicated the matter the clarifications and pubic gesturing of parties concerned notwithstanding . The biggest fallout of the delay is the political space that has been grabbed by the separatists in Kashmir valley who otherwise were marginalized by the electorate in the recent assembly elections. Given the maturity and statesmanship of leaders of PDP & BJP like Mufti Sayeed and Arun Jaitley, the Governor Rule came as anti-climax to otherwise great public enthusiasm generated by the election results in both the principal regions. The parties appeared to have been influenced by the anticipated political fallout of their “marriage” forced not of free will but of compulsion of the electoral results. Unlike in Delhi, fresh election in J & K is fraught with difficult proposition which will also be not in the electoral interest of these parties. There is every likelihood that both the parties may not be able to retain their numbers of MLAs.
NC has been accused of being the “spoiler” while it has strongly refuted it by telling the people of Kashmir NC had given unconditional support to PDP which is more aligned to “communal” Hindu party which is against the interest of Kashmir. Separatists did not leave the opportunity of provoking the sentiments of people in the name of “Muslim identity”. It belies the logic and rationale. If BJP can be an ally of BJP in NDA in its last rule with Omar being the central Minister despite the unfortunate and condemnable Gujarat episode and rejection of the Autonomy resolution of the Assembly, why does it have objections to PDP joining BJP led NDA now. Neither Narinder Modi nor BJP is untouchable, domestically as well as globally with Modi’s personal rating going up as a decisive leader.
If PDP thinks that it would be able to formulate some sort of a strategy to counter the NC campaign and to make their partnership with BJP “acceptable” to Kashmiris, especially Geelani and company, it is extremely difficult if not impossible. Its governance will cut ice more with the people rather than these issues if kept untouched.
On the other hand, BJP thinks that by keeping the article 370 to the back burner to forge alliance with Mufti would affect its prospects in the forthcoming Delhi elections, as is made out by their leaders in private circle, it is also misplaced. It is high time they shed the shackles of the demand for abrogation of article 370 to move forward to give the people of the country and J & K a responsive, efficient and corruption free governance. People are more interested in good governance than other voting catching gimmicks. Issues in Delhi election are altogether different. Moreover, BJP did not get the mandate in Jammu on abrogation of article 370, so why this stalemate.
It is another matter that abrogation of article 370 is not constitutionally possible and continuing debate on it for votes would create unnecessary “fears” in Kashmir which would be counterproductive and wastage of time. BJP is unnecessarily giving separatists a tool to beat the PDP and make them relevant in Kashmir? BJP has got opportunity for first time to be part of Govt. in J & K. Should it be allowed to be frittered away? Don’t sadden Jammuites. With strong mandate it is an opportunity for BJP and Modi Govt. to sort the internal dimension of the Kashmir.
The promulgation of the Governor rule is also a constitutional dispensation mandated by section 92 of J & K Constitution. It had to be in place on 8th January, 2015 with the refusal of the caretaker CM Omar Abdullah to continue as such. It was a breakdown of constitutional machinery and the Governor had to act.
Section 35 of the State Constitution provides that there has to a Council of Ministers with the Chief Minister as its head to aid and advice the Governor in the exercise of his functions. But when there is a breakdown of constitutional machinery he has to act under Section 92 for which he does not require council of Ministers’ advice.
The Governor Rule in J & K is, however, different than the President Rule as Section 92 vests in the Head of the State more powers that his counterparts in other States of the country. Under this section the J & K Governor becomes an “uncrown monarch” who has all the powers except of the Judiciary. Executive powers were already being exercised in his name but by others. Section vests in him the powers of the Legislature to make his laws, any law made by him in the exercise of that power will continue for two years from the date on which the proclamation. But these powers are not frequently used except in the event of dire necessity to run the Govt. like passing the budget and related laws like appropriation bill etc.
Howsoever efficient the Governor’s Rule may be, it cannot be a substitute for the popular rule. There are indications that the popular dispensation will be in place after Delhi elections. N N Vohra’s decision not to have Advisors and instead delegating powers of Minister to Chief Secretary and Administrative Secretaries to run the business of the Govt. also indicates that this constitutional dispensation is for a brief spell. Mufti’s dinner meeting of Friday has also fuelled speculation of early end of political stalemate. While constitutionally the Governor has no role to help forging alliance to bring back a popular rule in the state but given his wise and expertise in handling matters of complex nature, Vohra can play a quite but significant role behind the scene in Government formation in J & K and prevent betrayal of the mandate.
(The writer is former Secretary information, health, transport, CAPD departments and a member of Public Service Commission,feedback: [email protected])
(Opinions expressed in write-ups/articles/Letters are the sole responsibility of the authors and they may not represent the scoopnews.in)
Editor, Scoop News
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