B L Saraf
Politics of the issue apart and making due allowance for incongruity of the argument, by and large, people in J &K have pleasant memories of the period when they were ruled, directly, by the Governors. They still remember the period of 1986-87 which saw a fair amount of developmental activities happening across the state, when ruled by the Governor. Vast majority of the people feel that it was the Governor’s rule (1990–96) which brought the state from the brink, without much collateral damage. And, who can forget the summer of 2008 when, thanks to unnecessary Amarnath land row, two regions stood up against each other almost to the dismemberment of the State. It was the imaginative and unbiased display of the administrative capabilities of the Governor that saved the situation and managed the ruffled emotions of the people, living on either side of the Jawahar Tunnel. Add to it, the profligacy of our elected representatives and their habit of rough shod drive over a common man people will feel more comfortable with the rule of Governor than that of the elected persons . But then in a democracy real power flows from the elected political executive. Governor’s rule may be benevolent in some respects but in J&K it is hemmed in by the peculiar geo- political considerations. People tend to see it a direct rule from the centre.
The art and science of government is embedded in the rock of politics. Governance when called civil administration becomes polity. There is no gain saying that peace, order and good governance are the ultimate goal of a democratic polity. In theory and practice the art of governance is preordained in an art of practicing politics. And, that demands a government by the elected. We have gone through a major ‘war’ to save the state and the country. Democracy for us is, therefore, a prized possession to be cherished. Elected Government at the helm, along with its short comings, is still preferable.
We follow a constitutional scheme where Governor’s Rule cannot fit in for a longer period.Because, this Rule is premised on the fact that “ Government of the State cannot be carried on in accordance with the provisions of this Constitution……….” Section 92 of Constitution of Jammu & Kashmir. Therefore, a Governor rule, though sanctioned by the Constitution, is indication of an abnormality in the governance, which can’t be perpetuated. Effectively, for the provisions of the Constitution to flow freely, it is the elected Council of Ministers – headed by the Chief Minister that has to govern the State. Section 35 ibid
One of the major demands of the federalism is that a federating state should have its own way in the matter of governance. For a state like J&K which, vis –a vis Centre, has certain psychological and emotional issues to contend with, it becomes all the more necessary that it should have its own Government. Discontent is simmering in the Valley’s political circles. There is a visible down turn in the security scenario. Militants are having a fair run. Incidents of Kakapora and Pampore are clear indicators. What is disturbing is that people have started to come out in support of the armed mercenaries when ever cornered by the security forces. The situation has the making of early nineties of the last century. Unfortunately, civilians are falling victims in the cross- fire . Summer is at the door; we don’t know what it will bring along with. One can only hope that it won’t be a summer of the discontent.
The emerging scenario calls for a political response than a pure security one. For that we need elected people to come on the streets to counsel patience and restraint. In Kashmir we are witnessing how in a pure bread and butter issue like ration supply the separatists see a chance to further their agenda. The Food Security Act is being used as a trigger. As electricity charges were used to raise people’s passions in 1980s, latter to be converted into a full scale war against the state and India. If the FSA issue is not addressed properly it could go the electricity charges way of 1980s. Role is thus cut out for the political leadership.
The arithmetic of the present Assembly is such as to make it politically and administratively most convenient for PDP and BJP to tie up the thread of governance at the point it got snapped due to the untimely demise of Mufti Sayeed. No other possible political arrangement could ensure proper representation of both the regions in the matter of governance. These two parties will have to show political maturity and be accommodative to each others’ concerns which, though, should be subservient to the bigger concerns of state and the country. Two months of Governor rule should be sufficient for them to have revisited the Agenda Of Alliance, if required , added a point here or deleted one there. Election at this stage would be a last thing that our state can not afford. And, for sure, no political party would want it now.
In J &K, security situation has always been fragile . There are enough fault lines under the surface; no one knows which one will explode and when , to engulf the state. Afzal Guru episode in JNU could be the igniter. Restoration of popular Government may preempt it from blowing up.
(The author is former Principal District & Sessions Judge )
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