Jammu, October 15
In the absence of any miracle in the shape of a rapprochement between the Congress and the PDP, Jammu and Kashmir may be in for a brief spell of Governor’s rule.
With no party in a position to convince and satisfy the Governor about its majority in the 87-member Assembly the Governor could, under Section 92 of the State Constitution, impose the rule.
The state is in the grip of a constitutional crisis. Section 92 of the State Constitution provides: “If 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 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 the state.” Though Dr Farooq Abdullah is the head of a caretaker government he cannot take any important decision with the result the normal functions of the government have not been carried out.
If the Governor’s rule is imposed it could remain in force for a maximum period of six months. However, there is a constitutional provision providing for revocation of the earlier promulgation in case the Governor is satisfied that a party or a group of parties could form the government on the strength of its majority in the Assembly.
And if the constitutional crisis is not resolved within a period of six months the state could be placed under Central rule as was the case in 1990.
Governor Girish Chander Saxena has sought the opinion of constitutional experts, including the Advocate-General on the options before him if no party staked claim to from the government before October 17 when the tenure of the previous Assembly expires.
Mr Saxena met Advocate-General Ishtiaq Qadri who briefed him about the provisions in the Jammu and Kashmir constitution and held two rounds of discussions with Supreme Court lawyer Ashok Bhan last night and today.
Confirming the meetings, Bhan said the Governor also sought his opinion on Independents joining political parties.
As per the Seventh Schedule of the Jammu and Kashmir Constitution, an independent MLA would be disqualified if he joined a political party after the elections, Bhan said.
Constitutionally Independent MLAs have only two options — supporting the government from outside or joining it as an Independent, he said.
On the October 17 deadline, Bhan said he told the Governor that no government formed by the previous Assembly could continue after its expiry.
