B L Saraf
bushanlalsaraf@gmail.com
Some weeks back Chief Minister, Omar Abdullah, rushed to Delhi to meet Home Minister, Amit Shah, reportedly, for clearance of the Business Rules, framed by his Government to ensure that there is a proper demarcation of executive powers which two constitutional heads would yield in their respective domains, so far as governance of J&K is concerned. Approval thereof from the MHA is still awaited .We may recall that soon after assuming charge of governance, a memorandum containing draft Rules of Business for governance was forwarded to the MHA which demarcates the areas where Chief Minister and the LG could operate, independently of each other.
It is obvious that there is a dichotomy in the exercise of powers by the L .G’s office and that of the Chief Minister. This uncertainty in governance matters is showing everywhere. While it does affect the efficiency , at times, this vagueness gives both an alibi to evade responsibility when undesirable consequences of an executive action surface .The recent Sidhra episode where dwelling places of some people were bulldozed , allegedly, by the forest authorities is one such example .In the aftermath , a war of words erupted between the competing political forces as to who among the governing class was responsible for the action. A game of shifting responsibility is in full view.
The Sidhra episode is not one of the kind it is just illustrative and not exhaustive of the type . Many such like things happen daily in the every nook and corner of the U T. Dual power structure is always hurting as it is beneficial to none. There must be clarity in the governance field. It is more important for J&K where ground situation is far from satisfactory, on all fronts.
The National Conference must understand that a common man is not concerned about intricacies of governance matters. But he certainly knows that it is the party in charge of administration and looks to it for cure of his ills. Thus NC is accountable to him. Similarly, its leaders must know that BJP being a most influential party in the country and the UT people look to it also for redressal of bread and butter matters. People in J&K are conscious enough to understand that the L G who yields major power in the administration reports to Union Home Minister who happens to be the second in command of the BJP led GOI. It is for the BJ P MLA to be responsive to the needs of his voter as it is important for the NC MLA to look after his elector. A confrontational attitude will pay none.
Even if Business rules are approved that would , at best, be a temporary measure but could not provide enough leverage to the popularly elected Government which needs unwavering cooperation of its officers to provide relief to the people . The major problem of governance still persist.
Jammu and Kashmir needs full-fledged state. Absence of statehood affects every resident of J&K, no matter in whose hand the reins of governance are. The UT architecture has its own administrative dynamics which ties down hands of any elected Government from working out its manifesto .The situation gets aggravated when the elected Government is of different political color from the one to which the L G reports. Even a normal administrative matter gets stuck in the power tussle. Result! A common man suffers, regardless of the fact who he has voted for. Appreciating these limitations, the cabinet in its first meeting passed a resolution calling upon GOI to restore statehood at the earliest. LG, on his part , blessed the decision and with considerable dispatch forwarded it to the Central Government for necessary action .
It is unfortunate that an impression has gathered in Jammu region that people here are not enamoured of the demand of Statehood. It being so, there is an impending necessity to narrow down the divide. Certainly, it can’t be allowed to go on widening.
It is in the interest of all that a demand for restoration of statehood resonates in every quarter of Jammu and Kashmir. Jammu and Kashmir has a right to full statehood as the people have elected their own Government and this Government should be allowed to work for the people.
This is the time to take a cue from the people of Ladakh and the regions’ s leadership which has seen a significant development shaping in that will assure political empowerment of people in Ladakh region, Central Government has proposed Union Territory level Legislative body with legislative, political and financial powers vested with the elected representatives . It looks that proposed Ladakh legislative body will have more powers that of the J K Legislative body. The bureaucracy, including the Chief Secretary, will come the administrative control of the elected Government. The agreement to his effect has been reached between the MHA , on one side, and leaders of Leh Apex Body ( LAB) and Kargil Democratic Alliance (KDA) on the other side . The unity of purpose and a concerted demand of the people in Ladakh , projected by the region’s political and social leaders in one voice – irrespective of communal and sub regional considerations , resulted in the proposed agreement
Could we in J&K think of such unity among the political class even for issues which affect every resident, equally? Very hard to find an answer in positive. Mehbooba Mufti may have talked of such kind of unity. Leave apart the idea of BJP and Kashmir based political parties coming together on one platform on a day , any sort of unity , even , within the Kashmir based political parties is unthinkable – given that many political influences (some open some underneath ) are always at work there . The charade of unity which we saw in the shape of Ghufkar Declaration, forged in the wake of abrogation of Art 370 in 2019, dissipated before ink of the declaration had dried up. Mere declaration of Panchayat elections, then, tore the figment of unity apart.
The regional and sub regional divide has affected us. To bridge the gap it will indeed be a herculean task. Here in comes a role for the civil society groups of both the regions, to rise to the occasion and drive in some sense to the polarizing atmosphere. Politicians are beyond redemption. In the first place business community of two provinces may come forward . We have seen in the past that when situation demanded the Kashmir and Jammu Chambers of Commerces came forward to have a compact that – politics being there -they would interact with each other in furtherance of their and region’s common interest . Ladakh may provide a Model .
(The author is former Principal District & Sessions Judge)
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