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Does Vohra await green signal from Modi for dissolution of Assembly?
3/13/2016 12:30:42 AM
Early Times Report
Jammu, Mar 12: Governor N.N. Vohra has constitutional powers for recommending dissolution of the Assembly in Jammu and Kashmir. But during the last over two months he has not been utilizing his constitutional powers. Why so? Is he waiting for the green signal from the BJP led NDA Government ? Or does he want to give more time to the PDP and the BJP to stitch the alliance for the formation of the coalition Government ?
These are some of the questions which have surfaced over the prolonged delay in the formation of the coalition Government. Does he want the PDP to explore the possibility of forging an alliance with the Congress? No he may not be doing so because the PDP in alliance with the Congress, which has 12 members in the Assembly, does not allow the PDP to achieve the magic number of 44 required to form the Government.
As per the constitution of Jammu and Kashmir the Governor can exercise powers conferred upon him by clause (B) of subsection (2) of section 53 of the State Constitution. And this very powers were utilized by former Governor, Jagmohan, when he dissolved the Assembly in 1990 which had been kept under animated suspension by his predecessor after Dr Farooq Abdullah, who was the Chief Minister, had resigned on January 19,1990.
In 1977 when the Congress withdrew support to Sheikh Abdullah led Government the State was placed under the Governor's rule. And fresh elections were held within three months of the imposition of Governor's rule. Does it mean that Governor Vohra is waiting for three months of his rule coinciding on April 8? Possibly not because Jammu and Kashmir has a history where Governor's rule has lasted for more than 174 days though the tenure is for six months. It was for the briefest period of 15 days in 2002 when Farooq Abdullah refused to form the Government as his National Conference had lost the mandate. And it was left to PDP and the Congress to form a coalition Government.
The longest period of Central rule was in 1990. After the expiry of Governor's rule in July 1990 the State was placed under the President's rule which ended in 1996 when Farooq Abdullah formed a Government.
In 2008 the State was placed under the Governor's rule and it came to an end when Omar Abdullah led the coalition Government in alliance with the Congress. Hence there is nothing intriguing about how and when the State is placed under the Governor's rule.
Since Mufti Mohd. Sayeed's demise a peculiar constitutional crisis rose when Mehbooba Mufti refused to lead the coalition Government in alliance with the BJP. It was rumoured that since she was in a shock she did not want to take the oath as Chief Minister. However, after the completion of the mourning period Mehbooba opened her cards and demanded a political and economic package from the centre.
This way the Assembly dissolution is not in the hands of Governor, N.N. Vohra, despite constitutional powers conferred on him. Whether the Assembly is to be dissolved or not is a matter now left for the executive in the Centre. The Assembly would have dissolved had not the BJP led NDA Government wighed the pros and cons of such a move. Dissolving the Assembly to be followed by fresh elections is being treated by PDP and BJP as an offer to the NC and the Congress to form the Government because for the BJP the chances for winning 25 seats in the fresh elections are remote. And the PDP may not be able to repeat its 2014 poll performance.
Vohra has a point when he informs his critics that since there is no constitutional breakdown, nor any security related crisis in the shape of breakdown in law and order why should the Assembly be dissolved. Let each party be given sufficient time to form the Government and if they fail to do so within another month the Assembly will be dissolved followed by fresh elections.
Vohra knows it better than anybody else that the State is not yet prepared to bear the brunt of midterm elections when support to militancy is on the increase and there is increase in the activities of Kashmiri separatists. Let Vohra give another month for the PDP and the BJP to decide the fate of the coalition Government.
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