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| Suspended animation - keep MLAs happy | | | Jamwal Mahadeep Singh
In political dictionary, the
terminology 'suspended animation' that applied to legislative assembly is the cooling period granted to tested horses, deprived of musical and honey laid chairs of power corridor to indulge in poaching and horse trading to jump again on the same chairs illegally. Ethically it is not a right perspective. The meaning of 'suspended animation' when traced on search engines, we find as; 1. Suspended animation is a state in which an animal is unconscious, with its body functioning very slowly, so that the animal can survive the winter. 2. If you describe someone as being in a state of suspended animation, you mean that they have become inactive and are doing nothing. 3. A temporary cessation of the vital functions resembling death. What in our constitution this word has been architected to decide the fate of state assembly, when there is failure of constitutional machinery and article 356 of Indian constitution or article 92 of Jammu and Kashmir constitution has to be invoked. President rule or governor rule in India are the machinery made to deal with unforeseen events as: failure of constitutional machinery. The provisions are derived from article 356 of the Indian Constitution for imposition of President's rule. Whereas Jammu and Kashmir under such circumstances is not governed by article 356 of Indian Constitution but process is slightly more nuanced here and provisions enshrined under article 92 of the Constitution of Jammu and Kashmir makes the way not for President's rule but for imposition of Governor's rule after the consent of the President of India, for a period of six months. If the constitutional machinery is not restored in six months, the provisions of Article 356 of the Indian Constitution are extended and the President's rule is imposed. The four-decade chequered history of Governor's rule in Jammu and Kashmir is again inked on history pages as an eighth spell with BJP pulling out of PDP alliance. The earlier stint of Governor Rule, the state witnessed are; 1. March 26 to 9th July 1977. 2. March 6 to 7th November 1986. 3. November 19, 1990 to 9th October 1996. 4. 13th October 2002 to 2nd November 2002. 5. 11th July 2008 to 5th January 2009. 6. 8th January 2015 to 1st March 2015. 7. January 8, 2016 to April 4, 2016.
When provisions of article 356 of Indian constitution or article 92 of the Jammu & Kashmir constitution are invoked, the fate of assemblies are to be decided as; either dissolved or kept in suspended animation. 'Suspended' connotes temporary and 'Animation' means activity, hence, "suspended animation" is a temporary breakdown in the normal functioning of a body, in this case, State Assembly. The constitutional experts are of the view that a "suspended animation" of the Assembly should only be exercised, if there is a possibility of government formation in the near future and if there seems no any possibility of government formation in the near future; Governor could straightway recommend the dissolution of the House. In J&K after imposition of Governor's rule, the state assembly has been placed under 'suspended animation' and this has given an impression that there is possibility of government formation in near future and this troublesome optimism push for hunt illegally and horse trading. The reversal here seems not a possibility owing to various aspects prevailing in the state with regard to ideology and number of MLAs each political party have in its kitty in the present assembly. Of the 87 assembly seats, Jammu & Kashmir Peoples Democratic Party has 28 MLAs, Bharatiya Janata Party 25, Jammu & Kashmir National Conference 15, Indian National Congress 12, Jammu & Kashmir People Conference two, Communist Party of India-Marxist one, Jammu & Kashmir People Democratic Front-Secular one, and Independent three MLAs. The blame game betwixt BJP and PDP after their divorce accusing one another of betrayal, are carrying both the shame proof erstwhile partners to further distancing and their coming together again is a distant dream. Moreover the BJP has pulled out from the alliance because of accusations from one and all for its total surrender to Mehbooba, complete elimination from Jammu and Kashmir, especially from Jammu region, and much more as face saving keeping in view the forthcoming state elections of MP, Rajasthan and Parliamentary elections of 2019. Let us look for other options for BJP to form the government? The combination of BJP and INC is in a position to have just 37 MLAs (BJP 25 + INC 12), BJP and JKNC 40 MLAs (BJP 25 + JKNC 15). Among the 3 independent MLAs two from valley will never come to this fold and third from Jammu region has previously too tilted towards BJP + PDP combine. This BJP is not in a commanding position to resurface on musical chairs with any of the viable alliance. On the other PDP and JKNC can manage the magic figure provided any one from two independent or any one from the Communist Party of India-Marxist or Jammu & Kashmir People Democratic Front-Secular join the hands. But there seems no possibility of this combination as PDP and JKNC are also like opposite poles. PDP and INC will reach at just 37 seats. No major political party staked claim to government formation after Mehbooba Mufti-led PDP-BJP government collapsed after the BJP withdrew from it.
So by exploring all the possibilities, one can easily conclude that there is no possible hope of any government formation in near future. Under these circumstances the state assembly was required to be dissolved rather than placing it under 'suspended animation'. The demand of JKNC president, Mr. Umar Abdullah to dissolve assembly although justified but I do not agree the grounds claimed as of expectation of 'horse trading'. In present circumstances none will like to burn his hands by joining any of the group for power lust. The assembly in suspended animation means that MLAs don't lose their seats. What they lose is the legislative power to make laws. So they are entitled to their salary and allowances since suspended animation means the assembly is suspended, not the MLAs. That's basically like getting paid with no work. Now let us have an outlook of undeserving benefits the MLAs under assembly lying in 'suspended animation' enjoy. There is no reduction in monetary benefits showered upon them from the tax payer's money. They are likely to misappropriate the Constituency Development Fund (CDF) of Rs three crore per year to regain their lost ground. The released and unspent CDF require re-appropriating and placing at the disposal of District Development Commissioners for its optimum use. This way a whooping sum of Rs 261 crore per year will become available in government treasury for development and to meet the burning and genuine demands of the employees. During suspended animation period, these MLAs remain just idle and better option is to dissolve the assembly. It will further save the government coffer of Rs 1, 39, 20, 000 per month and approximately Rs. 16, 92, 00, 000 annually, paid as salary to these least required MLAs in Governor's rule apart from crores of rupees spent monthly to upkeep these white elephants as their TA/DA, telephone/water charges, a battery of security guards, bullet proof and luxurious costly vehicles, palatial bungalows and hospitality. The implications when an Assembly is kept under suspended animation are; 1. Assembly can't be prorogued by Governor for meeting. 2. Assembly loses its law-making powers. 3. MLAs continue to hold their membership. 4. Legislation for particular State will be made by Parliament. These aspects clarify that MLAs have no role, when assembly is placed under 'suspended animation'. The principle of 'No work no pay' is required to be invoked under scenario of assembly in suspended animation. Moreover when there are no possibilities of formation of any government, it is quite imperative to look for the other option available in constitution as to dissolve the assembly than to keep it in 'suspended animation' and allowing un-required MLAs in present scenario as white elephants to siphon away hard earned tax payers money. More so when people across the state have rejected this fraternity outwardly and are looking for an opportunity to snatch this title of MLA from them. |
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