WgCdr Mahesh Chander Sudan (Retd)
We, the people of Jammu and Kashmir, have witnessed eventful transition of the erstwhile State into two Union Territories both in terms of territory and Administrative set up. The unilateral JK Reorganization Act of 2019 enacted in the Indian Parliament by twisting the majority mandate exclusively affected changes by redrawing territorial boundaries and independent Administrative set up for twin sister Union Territories born on 31 Oct 2019 through an artificially impregnated delivery in an unusual incubation period of almost 15 months. This new avatar (reincarnation) designed to achieve political mileage by the ruling BJP dispensation though claimed to have multiple cure for ailing State of Jammu and Kashmir could not prove its worth despite being added by supportive vitamin dozes in the form of many other rules like the Transaction of business by JK Government Rules 2019 and 2024 besides surgical procedures like abrogation of Article 370 and 35A. The ground situation for normal life of ordinary citizens remains unchanged, Law and Order, employment opportunities; optimum governance of resources, industrialization and above all the dual governance in the present context deserves serious appraisal.
India is a democratic Republic as established through the highest Law of Land, the Constitution of India that advances for Socialism and Secularism with absolute Sovereignty to ensure justice, liberty, equality and fraternity to all citizens as resolved in the very preamble of the Constitution. History stands witness to the fact that the then State of Jammu and Kashmir entered into an accession accord with the Union of India and became part of the Indian Union as laid out in the Article 1 of the Constitution of India. However, the recent transition of JK in the year 2019 from State to UT falls within the Constitutional framework but the moot point that largely affects the rights of the people of Jammu and Kashmir is the discrimination as a citizen of democratic India compared with other States/UTs where democracy is not compromised /dislodged. Suspension of democratic rights to elect members of Legislative Assembly since 2018 till Oct 2024 to facilitate designed transition of the State to Union Territory and also for laying adequate administrative /policy framework to ensure proxy central rule to achieve dual governance of the public resources merely for political reasons needs review.
The four essential components of a State are Population, Territory, Government and the Sovereignty and absence of any one fractures the elementary composition of a State. In case of Jammu and Kashmir, first two components are intact but the last two components are compromised technically by twisting the rules and regulations. The maiden government so formed in JKUT during Oct 2024 apparently functions in constrained circumstances due to overloaded rules made under the powers conferred by Section 55 of the JK Reorganization Act 2019 and 2024. In the right spirit of the democracy, elections are held periodically to elect public representatives to Legislative Assembly of a State like the general elections where members are elected for the Parliament of India and these elected members choose their leader who submits to the President of India for formation of Union Government and on same lines leader so elected by the elected representatives for a State/UT Assembly is required to submit to the Governor/Lieutenant Governor of the concerned State/UT for formation of the State/UT government.
The Constitution of India has laid down healthy provisions for smooth functioning of three levels of governments at Local, State and Union of India. Like the President of India, the Governor of a State is the Constitutional Head of the State as per Article 163 of the Indian Constitution who exercises all powers under the Constitution on the aid and advice of the Council of Ministers. Indian democracy also allows multi party politics unlike other democracies around the globe. The mandate to rule is earned through electoral process by the contesting political parties and the party or a group of parties securing majority mandate is invited by the Constitutional head of the State/Union of India to form popular government at State/Union level.
The essence of democracy demands that the WILL of the people must prevail in a free and fair environment without any undue pressure of rules and regulations for the larger welfare of the State indiscriminately. The Constitution of India clearly lays down functions of Governor and Chief Minister of a State/Union Territory as given in Article 163 to 167 covering various connected aspects of the governance. The governor’s powers are ceremonial in nature and are often exercised on the advice of the Chief Minister but are expected to be used to ensure that the government functions smoothly. It is also a fact that Chief Minister of a State functions as Chief Executive and the governor is a state’s de jure head. The executive authority de facto rests with the Chief Minister as per the Constitution of India. Both the posts are established constitutionally to achieve smooth functioning of the State for larger welfare of the people.
No doubts, clarity and transparency strengthen functioning of any public office. Limiting larger public welfare to set of rules and regulations works inimical to it and allows compromised governance of public resources to emerge. A healthy balance between the Governor office and the CM and his council of Ministers within Constitutional provisions lays sound foundation for a welfare state. The period of Central Rule from 2018 till Oct 2024 apparently was used to issue various controversial rules and regulations including Rules for Transaction of Business of the Government of Union Territory of Jammu and Kashmir 2019 amended in 2024 paved way for Compromised Governance of public resources that disturbed the scale of balance towards the office of Lieutenant Governor than the elected Chief Minister unprecedented and unparalleled.
The post Compromised Governance in JKUT appeared first on Daily Excelsior.