Srinagar: Jammu and Kashmir was placed under governor’s rule on June 20, a day after the ruling People’s Democratic Party (PDP) and the BJP coalition fell apart bringing their two-year-old coalition government down.
Governor’s rule is imposed in J&K for six months under Section 92 of its Constitution but only after the consent of the President of India. In all other states of the country, the President’s rule is imposed under Article 356 of the Constitution of India.
Since J&K has a separate constitution and regulations specific to it, the government’s failure results in governor’s rule in the state and not President’s rule as is the case in other states.
Since no political party had staked claim to forming a new government after the collapse of the PDP-BJP coalition, the governor after taking over the control on June 20 put the state Assembly under suspended animation.
Even after the lapse of five months, no major political party is showing any interest in forming a government in the state as none of them enjoys majority in the 87-member House.
While two major regional parties — National Conference (NC) and PDP — like the Congress have been discouraged by the circumstances and, more importantly, the situation on the ground to make any attempt to cobble up an alliance for government formation, the efforts put in by the BJP in this direction have failed, so far. It is mainly the stringent anti-defection law of the state which has daunted “horse-trading”, say the local watchers.
BJP national secretary Ram Madhav said, “Ever since the governor’s rule has been imposed in the State there has been development in all sectors. Even the public is happy. So, the party has decided that governor’s rule should continue for some more time.”
Initially half a dozen MLAs of the PDP had openly risen in revolt against its leadership after accusing it of indulging in “nepotism” and “despotism”. In fact, their publicly criticising party president Mehbooba Mufti came amid speculations that the BJP is with its ally and former minister from its quota Sajad Gani Lone trying to engineer defections in the PDP to garner the support of required number of MLAs to stake claim to form a new government. Mr. Lone’s Peoples’ Conference (PC) has two MLAs in the Assembly including himself, raising the BJP’s tally to 27 in the 87 member House. The magic number is 44.
But later only two of the PDP MLAs including Shia cleric and politician Imran Raza Ansari and his uncle Abid Ansari could remain persistent. The nephew-uncle duo along with Mr. Lone have not stopped working on political manipulations and try to make strange bedfellows to “get J&K rid of dynastic rule”, a reference to the state being ruled mainly by two families — the Sheikhs and the Muftis. They apparently have full backing of the BJP although the saffron party has publicly said that it is not in the race of forming a government in the state.
It is actually J&K’s anti-defection law which has played the spoilsport in hammering out a deal by the BJP. The constitutional experts rule out split in the PDP or any other party as the state’s anti-defection law prevents MLAs from defying their party whip.
As per the J&K state anti-defection law, even if all the MLAs defy the party whip, they are liable to be disqualified.
The 13th amendment to the Constitution of Jammu and Kashmir, enacted in 2006, during the tenure of Ghulam Nabi Azad as chief minister, omitted the provision of split in legislature parties.
The amendment deleted para three of schedule 7 of the J&K Constitution according to which if one third MLAs of a party form a separate party, their group could get recognition in the House.
With both PDP and NC ruling out possibility of forming an alliance either among themselves or with the BJP or Congress and it (Congress) also refusing to back up a PDP or NC government, J&K is all set to be brought under President’s rule after the completion of the six months of Governor’s rule later this year. However, some analysts say that with still a little over one month left there is possibility of last minute political manipulations which may lead to formation of a political government in the state. A senior BJP leader Ashok Koul said in an interview earlier this week. “The party is ready to form the government any time. We will stake a claim as and when the numbers come our way.”
The intelligence agencies, on the other hand, are reported to have cautioned the Centre against holding fresh elections in the state after dissolving the present House in view of the “unfavourable” ground situation.
