Dinesh Kamath's Editorial 'Unlawful but right decision?' that was published in Newsband

Unlawful but right decision?

The J&K Governor dissolved 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.

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. The PDP and the National Conference were about to come together to form a likely 56-member bloc with the help of the Congress.

Describing such an alliance as opportunistic is fine as far as it is political opinion; however, it cannot be the basis for constitutional action. The court had also said unsubstantiated claims of horse-trading or corruption in efforts at government formation cannot be cited as reasons to dissolve the Assembly. It was the Governor’s duty to explore the possibility of forming a popular government,

Anyone interested in political stability in the sensitive State should ensure that democratic processes are strengthened. The potential for political instability in the future should not be a reason to take law into one’s hands.

But J&K being what it is, needs to be handled carefully. All parties except the BJP are either openly or tacitly lending support to the Hurriat & the stone pelters. Under the circumstance, if they happen to get a hand at power, consequences thereof could be disastrous as country could witness a greater intensity of moves at cessation with active assistance from Pakistan. It is better for India that J&K remains under President's rule until Government is in a position to bifurcate the state to isolate problem areas & deal with them focused with iron hand.

Some argue that the offices of the Governor and the President were created in the Indian Constitution so that people of impeccable character would bring sanity into the machinations of politicians. Unfortunately, the system has been subverted by the politicians by appointing people with strong leanings to the ruling party to these posts.

But it is now increasingly becoming clear that Indian Political arena is transforming into a drama of opposing ideas/ideals/ideologies, where anybody can join with anybody else and money would be the benefit for such "joining" hands - whatever the reality of ideals/ideologies. The resultant happenings are highly nauseating - to say the least. There are no standards/practices/principles/Rules. Money and Power speak.

Formation of government through a post poll manoeuvre of groups has political validity; despite lacking in morality. MLAs are free to have their views and of course they are in a sense compelled to act in accordance with public opinion and people's interest; and this is all a difficult area in practice, theory and opinion. We are passing through difficult times beset with Majoritarianism; Democracy norms have been in systemic mobocracy jeopardy. Development has been on an inexorable, fitfully paced path; politically this is getting less important. Priority has to be to uphold the Constitution and Rule Of Law.