Excelsior Correspondent
JAMMU, Feb 12: Chief patron of National Panthers Party Prof Bhim Singh has urged upon the President of India, Pranab Mukherjee for his immediate intervention under Section 92 of J&K Constitution directing the J&K Governor to dissolve the J&K Assembly which has not been notified 50 days after its inception because no political party in the State Assembly is in a position to form a legitimate government according to the J&K Constitution.
Prof Singh claimed that in such a situation, the provision of Section 92 (4) has to be invoked which states, “If the Governor by a proclamation under this section assumes to himself any of the powers of the Legislature to make laws, any law made by him in the exercise of that power shall, subject to the terms thereof, continue to have effect until two years have elapsed from the date on which the proclamation ceases to have effect, unless sooner repealed or re-enacted by an Act of the Legislature, and any reference in this Constitution to any Acts or laws made by the legislature shall be construed as including a reference to such law. No proclamation under sub-section (1) shall be issued except with the concurrence of the President of India.”
Section 92(1) commands, “If at any time the Governor is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the Governor may by Proclamation—(a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by anybody or authority in this State.”
Prof Singh pointed out that 50 days have passed and no political party has claimed to form a government even on casual basis. The fact is J&K, a highly sensitive bordering state which has been facing militancy and has turned a den of corruption. Thousands of youth who have taken interviews for their recruitments in the different disciplines have been sitting on the streets.
The flood victims have been suffering for want of relief as per direction of the Supreme Court of India. The border migrants who were forced to run away from their homes situated on the international border have not been provided adequate relief.
He urged the President of India to let the Governor of J&K take over the administration by dissolving the un-notified State Assembly and prepare for the next Assembly election in the interest of democracy, rule of law and honour the aspirations of the people of J&K.
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