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Why wasn't Dy CM allowed to take charge as caretaker CM?
1/12/2016 11:58:32 PM
Peerzada Ummer
Early Times Report
srinagar, Jan 12: After the demise of chief minister Mufti Mohammad Sayed on January 7, it should have been the deputy chief minister to take charge as caretaker chief minister of the state but it did not happen and the state was pushed into uncertainty.
Political experts believe that the situation that emerged after mufti's demise reflected that everything was not well with the coalition.
Interestingly, the State with its legislature intact has been served with a Governor's Rule under Section 92 (1) of the Constitution of Jammu and Kashmir. Governor a non-State Subject over-rode the Constitutionality of the Legislative Assembly and the Legislative Council and the elected Cabinet. Experts are of the opinion that the death of Chief Minister could have been addressed and reconciled within the strengths of the legislature.
"Describing the situation as Breakdown of Constitutional Machinery and taking recourse to Governor's Rule under Section 92 (1) of the Constitution of Jammu and Kashmir lacks merit.''
They are of the opinion that the intervening period until a new chief minister could have been elected should have been looked after by the Deputy Chief Minister, Speaker or by an arrangement within the Legislature. Pertinently, under Section 46 of the Constitution Governor is part of the legislature.
But with the bonhomie witnessing serious crises, questions are being raised rigorously about the post of the deputy chief minister of Jammu and Kashmir which otherwise is meant to fill the gap in case the incumbent chief minister is not in office.
Sources divulged that the BJP had raised the demand of the deputy CM Dr Nirmal Sigh assuming charge as the care- taker chief minister in the state till the chief minister takes oath in the office. It was later that both the parties developed differences- following which the proposal was left in the cold storage and categorically rejected.
The reasons why the deputy chief minister, who legally is next to the chief minister in accordance with the post, didn't take charge as the care taker CM are enough that the serious breakthrough in the government formation in the state is expected.
The speculations of the Congress offering 'unconditional' support to its former alliance partner PDP at present to form the government and the party breaking ties with its 10 month old coalition ally BJP carry weight in the backdrop of PDP allowing imposition of governor's rule in the state. ''Under the normal circumstances, there should have been no objection from the PDP's side to allow deputy CM to take charge for now. But as such a proposal didn't fructify, the state was virtually ruled by the chief secretary till governor's rule was imposed. Had everything been normal, within the coalition, such a scene would never have been witnessed,'' says a PDP leader.
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