DISSOLVED ASSEMBLY!!!!



A new set of ripples are formed in the till now calm waters of Jammu and Kashmir(J&K). Being into Governor’s rule since 20th June 2018, after the resignation of CM Ms. Mehbooba Mufti , a new conundrum is all set to again develop the tension in the valley.
Now what is the current conundrum?
Why there is application of Governor’s rule in J&K rather than direct President’s rule, in case of failure of constitutional machinery of states?
How is J&K different from other states in some aspects?
If you are curious about the questions above, then I promise to satisfy you with the write-up below. 
Let us start with the basics with the special structure of the special status state of India : J&K. Instrument of accession signed during the post independence period as a result of nuisance created by proxy Pakistani elements forced this Himalayan state to accede to India instead of Original decision of staying Independent of both the then Dominions (Dominion of India and Dominion of Pakistan). With the Instrument of Accession, this special state occupied special autonomous status under article 370 and article 35-A of Indian constitution. According to it, J&K has its own state constitution (only Indian state to have it), its own flag and ironically, even being a integral part of India, when I visited J&K, I personally heard this comment: “India se aaye hai!” (they have come from India). Sad but truth, politics and partition has made this state very hostile to our own people!
So by now, the question of ‘Why’ the Governor’s rule in J&K, instead of direct President’s rule like any other state of India in case of failure of constitutional machinery of the state, might be clear,  so lets move to ‘How’ the Governor’s rule? According to section 92 of J&K constitution, before applying President’s rule to the state there will be Governor’s rule for 6 months and in this period the state legislative assembly goes into suspended animation, the situation where it is neither dissolved nor its sessions are active. Anytime Governor reserves right for dissolving it any moment and within 6 months of assembly dissolution fresh elections should be conducted. Although every right or decision discussed above till now are bound to require direction from President of India, as in Indian federal structure, Governor is the agent of the Centre working in the states.India being a unique federation (Quasi-Federation) which is neither too rigid as true Federations such as USA, Canada, etc. nor too unitary as of UK.
Coming to the current conundrum, J&K’s Governor has dissolved the state legislative assembly a couple of days ago after almost 5 months of imposing Governor’s rule in J&K, this dissolutions have attracted many critical remarks around the different parts of the country quoting this as an ‘unlawful dissolution’. The reason for this criticism lies in its timing for dissolving the house and few incidents which preceded this decision. People’s Democratic Party(PDP) asked the Governor to form the Government, claiming that they have the majority on the floor of the house. Here comes the most interesting part  of who are the allies of the PDP, National Conference (NC) and Indian National Congress(INC). Yes! you read it correct, National Conference. The kind of arch rivals, who can't even see each other eye to eye and now they are ready for the marriage to form the Government. (So there will be a day where Mr. Rahul Gandhi will actually, whole-heartedly hug Mr. Modi! God, kindly blind me before I have to see that again! ;p)
Governor’s decision of dissolution here comes with a reason, which forces us to believe its validity: ‘Extensive Horse trading’.  Getting incite of this proposed coalition which definitely belongs to two opposite blocks as far as their political ideologies are concerned. PDP being a Centre-Right and NC and INC belongs to Centre-Left! Referring to experts and veterans, majority of them are of the view that these kind of coalitions never last for long and are usually incapable of sustaining a stable Government. The sad part is that these views are heavily backed by history, of unstable coalitions. One of the reason behind is the conflict which arises within such ill-formed Governments as they are bound to get differences in the process of formulations of policies and executing them, because obviously they have to please the vote banks which are definitely not the same. This will lead this intermixed ideological Government, Nowhere. Literally Nowhere and to avoid these wide range of complications in future, political parties choose to be in opposition than to form a unstable Government. Again getting back to J&K, already the state is under tremendous complications, the Governor's decision here comes saving lots of financial resources as the process of forming a Government and later its fall doesn't comes for free.The entire process drains a huge amount from the state's exchequer. Also if Governor Satyapal Malik is claiming that he was reported with lot of complaints of horse trading in buying and selling of MLAs on floor of the house, then its not only his duty but also a moral obligation to take an appropriate step for stopping such nuisance.
Balancing the view, I have to say that even after Governor alleges that he was suspicious of 'extensive horse trading' and no matter how much he denies the involvement of Centre in his decision of dissolution, BJP's involvement shows its very presence due to the timings of the chain of the events. In Politics, there are no coincidences, there is always a political motive behind every act, even a minute one. A school attending child, learning in grade 5 can tell you that the timing of the request of Ms. Mufti to form Government and dissolution of the house are no coincidences, but a step to prevent her from doing so! And also the comments from the veteran BJP leader Ram Madhav, that the PDP-NC-INC alliance is Pakistan backed, is not only baseless but also not expected from the man of his stature!
In order to keep my blog neutral, its my sole responsibility to represent both the view points in an unbiased fashion and shift the burden on the readers, to judge which one gains more weight. But this act should never be taken for me being ignorant for who in this situation is actual culprit of the conundrum.

Anyway the state can be under Governor’s rule till 20th December and after that under the President’s rule. But as per the constitution of J&K, after the dissolution of the assembly within 6 months, elections should be held in the state. A responsible administrator, keeping the view of the current situation of the state, should as soon as possible move forward to install a stable Government in the state. Regarding the question raised by the stakeholders, who are quoting it as an “Unlawful dissolution”, are ready to knock the doors of the Judiciary. But as far as this situation is concerned, its completely legal for the Governor to do the action which he has done,the only question is ‘whether it was Moral to do so?’. So not much help is expected from the Judiciary in this matter.
Although the matter is not ripen fully, there is roomful of possibilities for the events to occur.Will surely cover the further chain of events in the part-2 version of this issue. And from now will make sure to be regular in writing and posting my write-ups as I am making entry here again after long four months, extremely sorry for that!
Cheers, keep reading, keep commenting your views/opinion/statements/criticism to my email id: devalchauhan57@gmail.com.
Thanks for reading !
-Deval Chauhan.

Comments

  1. Such great clarity of thoughts! ❤️

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    1. Thank you so much!!! Do reply me with your name!

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