Recommending presidential rule after the expiry of six month’s governor’s rule ending on December 19 this year in the absence of any workable combination for formation of a new government is though the only option available with the Governor Satya Pal Malik but governor denying recommendation for dissolution of assembly after the failure of major political parties to cobble together a workable combination for formation of a new government is in contravention to his constitutional duties and responsibilities. Political ethics and constitutional responsibilities demand that governor is obliged to recommend dissolution of assembly to show respect to political ethics and working of democratic institutions but not to keep the assembly in suspended animations to satisfy the political ego of a political party in power at the centre and its affiliates in the state. Governor having amended the Jammu & Kashmir municipal act for election of the heads of municipal bodies through secret ballot recently has already brought him at the centre of a controversy over the election of Mayor Srinagar Municipal Corporation (SMC). Governor may earn blessings of his political bosses in Delhi for prolonging the return of popular rule in state on political considerations but he won’t earn the blessings of the opinion makers and general masses of Jammu & Kashmir for prolonging the dissolution of assembly and conduct of fresh assembly elections.
Governor Satya Pal Malik simply endorsing the remarks of BJP’s General Secretary Ram Madhav on imposition of presidential rule and suspension of assembly show his disrespect to political neutrality which is in contravention to his constitutional responsibilities.
Though as per law the MLAs are deprived of the powers of utilizing constituency development fund (CDF) after the suspension of the assembly but the incumbent governor has allowed the sitting legislators to continue exercising powers which they use during popular rule in the state and this too speaks volumes about the political neutrality of the governor which he has to maintain both during the governor’s rule and as well as in the presence of a popular government in the state. Since the major political parties have failed to provide a workable combination for formation of a new government in the state, the recommendations for the imposition of presidential rule ,dissolution of assembly and conduct of fresh assembly elections are the only three options available with the governor for restoration of popular rule in the state. Governor’s assertion the he would recommend imposition of presidential rule but not the dissolution of assembly is what BJP’s National General Secretary Ram Madhav has said in his latest statement on the current political scenario in Jammu & Kashmir. Governor Satya Pal Malik simply endorsing the remarks of BJP’s General Secretary Ram Madhav on imposition of presidential rule and suspension of assembly show his disrespect to political neutrality which is in contravention to his constitutional responsibilities.
