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| Governor Rule - a glimmer in darkness | | | Jamwal Mahadeep Singh | 7/4/2018 10:58:18 PM |
| Governor Rule is a glimmer in darkness. The darkness is created by politicians in power, when they fail to run the government affairs as per provisions of the Constitution but at the same time Governor Rule is not a matter of pride but blot in the democratic set up. But this is a provision enshrined in the Constitution to come over the anarchy that is created by these hawkish politicians. It was at no time a guarded classification that Madame Mehbooba at any point of time, materialize to be a capable chief minister, having some extra ordinary qualities to handle the Kashmir unrest. She was always riding on the horses with soft saddle from BJP but halters in the grip of pro-separatists and anti-nationals. When many popular and mass based politicians of J&K like S/Sh. Ghulam Mohammed Sadiq, Syed Mir Qasim, Sheikh Mohammed Abdullah, Farooq Abdullah, and Ghulam Nabi Azad to even Mufti Mohammad Sayeed failed to untangle the knot of Kashmir problem. How we can expect miracles from Madame Mehbooba? When looking towards the stalwarts in the center from S/Sh. Jawaharlal Nehru, Sardar Vallabhbhai Jhaverbhai Patel, Smt. Indira Gandhi, Rajiv Gandhi, Atal Bihari Vajpayee to S. Manmohan Singh, all failed in spite of best efforts put by them on all fronts to bring a solution to the Kashmir problem. What to talk of present PM Narendra Damodardas Modi who too has miserably failed on this front. We never come across any concrete policy of present dispensation in the centre except drum beating on TV channels prompting of surgical strike, demonetization to curb inflow of foreign currency financing stone pelters, action against pro-separatists and registration of few cases against deadly hawks operating in the valley as shadow of anti-nationals sitting across the border. The Modi government was harping on the appeasement of pro-separatists and indirectly helping the anti-nationals by releasing those responsible for death and destruction in the valley. When Mehbooba was proving to be unable to tackle the situation the New Delhi looks unconcerned about initiating any tangible measures aimed at resolution of the Kashmir-issue and when the constitutional machinery was eroding day by day, it was behaving like 'Nero'. The most disturbing feature of the whole episode, the Modi dispensation was stumbling block for the Governor to invoke provisions enshrined in section 92 of J&K Constitution. This all was carried by Modi led government for power lust. The party tried its best to conceal utter failures but ultimately has to part with PDP, when two worst decisions (in the history of J&K) of Modi government of setting 9760 criminals free (appeasement of pro-separatists and anti-nationals) by withdrawing cases against them and one sided ceasefire (giving safe space to militants to regenerate and regain) were reacted all over the nation, it withdraws the support by putting all absurdities on PDP, whereas the real hero of the episode was BJP itself and its visionless think tank.
Come what may my inquisitive mind has been troubling me since the day of imposition of Governor Rule and is looking for a viable reply? Had BJP not withdrawn support from alliance government, is the prevailing situation was conducive to run the government as per provisions enshrined in the constitution? Why the failure of elected government to run as per constitution never reacted by His Excellency Governor? When as constitutional head of state he is supposed to maintain the sanctity of the constitution. On the other, except His Excellency, all voices have shown their concern towards government of the state not carried on in accordance with the provisions of the Constitution. Such are the occasions that give space to common man to react that there is misuse of constitutional machinery by the government at the center and these constitutional machineries are helpless institutions and carry the dictates of political party who so ever is in power in the union. In the normal process, the State Government works as per the direction of the Chief Minister and his council of Ministers in the name of the Governor. Being a quasi federal nation, the Central Government cannot interfere in the functioning of the State Government with respect to matters mentioned in List II Schedule 7 of the Constitution. In the case where the constitutional machinery of the State breaks down, Article 356 of the Constitution of India is imposed except J&K where article 92 of J&K Constitution moves in and the power to regulate the State moves to the Governor who acts under the President. Since the President acts on the advice of the Prime Minister and the Council of Ministers, therefore the Governor functions as per the requirements of the Central Government. The State Government and the State Legislature has no power to carry out its usual activities as provided in the Constitution, instead those powers are transferred to the Union Government and the Parliament. Governor's Rule is like salve to heal a disorder like cancer. In J&K, the disorder is pro-separatist mind set and appeasement of anti-nationals by the elected representatives.
When we analyze pro and contra of Governor Rule, we safely conclude in Governor Rule; the strongest and powerful personality is the Governor of the state. Since the governor is ruling under the President, who himself is under the aid and advice of the PM, the PM becomes the most powerful personality and practically takes over the entire state. Governing authority not being representative of common man is not answerable directly to people. Top bureaucrats take over the administration and virtually replace the elected entities. Governor's rule is a black mark on the state's autonomy. This makes the people's vote useless and that is against democratic values. On the other hand constitutional machinery is restored. Corruption is reduced (due to less involvement of politicians). Transparency in government functions increases with punctuality of duties. Political anarchy stops for a while. People/voters get another chance to correct mistakes and elect right people if elections are held.
When we speak of Governor Rule in J&K, It is the time to consolidate on terrorist/militants, break the control of Pakistan backed Islamic hardliners, handle fanatic separatists with iron hand. Return of Old Kashmiri Sufi culture, for which it is known for generations needs top priority for promotion and prospering homogeneous culture of the state. Creation of congenial atmosphere for overall development of the state, honorable settlement of displaced communities, striking employees required to be brought on table for talks, controversial decision of late CM in 'Tribal Affairs Department' restraining the encroachers of forest and government land from being evacuated require revisit by HE. The most unwarranted and anti-national decision of releasing approximately 11 thousand criminals branded as stone pelters should be revisited and by rescinding the same, this fraternity be put behind the bar with judicial proceedings in fast track courts. The voice of Jammuites to declare birthday of erstwhile ruler of princely state of J&K's as holiday, needs due attention.
Concluding with the observation: when Governor Rule is imposed, the fate of state assembly rests either to place it in 'suspended animation' or to dissolve making way for fresh elections. Here at present first option has been availed by his excellency. Whereas experts are of the opinion that this option comes into play only when there is imminent possibility of restoration or formation of a democratic government. In the prevailing circumstances there are no such aspects of forming of government, hence his excellency require to avail the second option of dissolving the state assembly for restoration of democratic rights of the people. Here the words of Dr. Ambedkar while discussing about the Powers of Article 356 of Indian Constitution (correspond to article 92 of Constitution of J&K) came to my mind; that this provision would remain a 'dead letter' and would be used only as a measure of last resort. Advice of 'Demi Lovato', an American singer, songwriter and actress, also deserve mention; No matter what you're going through, there's a light at the end of the tunnel and it may seem hard to get to it but you can do it and just keep working towards it and you'll find the positive side of things. |
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