Unlawful dissolution

In dissolving the Jammu and Kashmir Assembly without giving any claimant an opportunity to form the government, Governor Satya Pal Malik has violated constitutional law and convention. Mr. Malik’s stated reasons for his action — “extensive horse trading” and the possibility that a government formed by parties with “opposing political ideologies” would not be stable — are extraneous. The Governor ought to have known that the Supreme Court has deprecated such a line of reasoning. In Rameshwar Prasad (2006), the then Bihar Governor Buta Singh’s recommendation for dissolving the Assembly the previous year was held to be illegal and mala fide. In both instances, the dissolution came just as parties opposed to the ruling dispensation at the Centre were close to staking a claim to form the government. In Bihar, the Assembly was then in suspended animation as no party or combination had the requisite majority; in J&K, the State has been under Governor’s rule since June, when the BJP withdrew from the coalition and Chief Minister Mehbooba Mufti, of the Peoples Democratic Party, resigned. It is true that the PDP and the National Conference had not initiated any move to form a popular government for months and favoured fresh elections. But that cannot be the reason for the Governor to dissolve the 87-member House just when they were about to come together to form a likely 56-member bloc with the help of the Congress.

Source : https://www.thehindu.com/todays-paper/tp-opinion/unlawful-dissolution/article25572198.ece

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