Demands Governor Rule in J&K
Jammu, May 04: J&K National Panthers Party held a massive demonstration at Jantar Mantar, New Delhi demanding imposition of Governor Rule in the State of J&K under Section 92 of J&K Constitution. The National Panthers Party Sr. leaders led its Chief Patron, Prof.Bhim Singh submitted the representation to the President of India, Shri Pranab Mukherjee making a forceful appeal to intervene in the situation that has emerged in J&K to save it from further death and destruction. Prof.Bhim Singh pleaded that President of India is the only competent authority to advice the Governor of J&K to impose Governor Rule in the State in the interest of safety and security of the citizens of India and in the larger interest of the unity of the country.
The prominent among those who participated in the demonstration included M/s. Anil Sharma (President-Rajasthan Pradesh Panthers Party), Sanjay Sharma (Secretary), Manoj Srivastava (Media Coordinator, Rajasthan), Dharmender, Advocate and others.
The representation signed by Prof.Bhim Singh on behalf of J&K National Panthers Party states;
“The Panthers Party, a recognised political party in Jammu and Kashmir is taking this liberty to make this representation to Your Excellency for your kind intervention in the State of J&K under Article 370 of the Constitution of India read with Section 92 of the Constitution of J&K. This is in the interest of strengthening the bonds of National Integration and restoration of peace in the State of J&K which has been facing fire, unrest and destruction for nearly 10 months. The governance in J&K has literally collapsed.
1. Article 370 empowers the President of India to intervene whenever there is collapse of State governance and the administration.
2. Article 370 empowers the President of India for his intervention in case the Govt. in J&K has failed to discharge its duties according to the Constitution.
3. Section 92 of the Constitution of J&K has empowered the Governor of J&K to take over the administration in J&K in case the Govt. has failed to discharge its duties.
4. Section 92 of the Constitution of J&K provides,
92. Provisions in case of failure of constitutional machinery in the State:-(1) 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 any body or authority in the State;
(b) make such incidental and consequential provisions as appear to the Governor to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provision of this Constitution relating to anybody or authority in the State:
Provided that nothing in this section shall authorise the Governor to assume to himself any of the powers vested in or exercisable by the High Court or to suspend in whole or in part the operation of any provision of this Constitution relating to the High Court.
(2) Any such Proclamation may be revoked or varied by a subsequent Proclamation.
(3) Any such Proclamation whether varied under subsection (2) or not, shall except where it is a Proclamation revoking a previous Proclamation, cease to operate on the expiration of six months from the date on which it was first issued.
(4) If the Government or by a Proclamation under his section assumes, to himself any, of the powers of the Legislature to make his laws, any law made by him in the exercise of that power shall, subject to, the terms there of continue to have effect until two years have elapsed from the date on which the proclamation ceases to have effect, unless sooner.
(5) No Proclamation under this section shall, except where it is a Proclamation revoking a previous Proclamation, be laid before each House of the Legislature as soon as it is convened.
5. It is an established convention that Governor of J&K has to seek clearance from the President of India before he invokes Section 92 and take over the administration.
6. It is submitted that situation in J&K has gone completely out of the control of State Govt. and there is no governance in the State of J&K.
It is respectfully submitted that Governor Rule in the State of J&K is the only way out to restore normalcy and save the State of J&K from further death and destruction. The present Govt. has failed in totality. And the only way out is Governor Rule with dissolution of the State Assembly. The J&K National Panthers Party urge the Hon’ble President of India for his urgent intervention to advice the Governor to impose Governor Rule in the State without any delay in interest of the people of J&K who have been passing through the most difficult situation for the past 10 months.