It is not the first time India has invoked Article 356 of its Constitution to take over administration in States. J&K had a taste of this Federal remedy in the nineties costing many thousands of innocent lives. In Governor’s rule the essential ingredient of contact in the interface of rulers with ordinary population is clearly deficient. The bureaucrats who manipulate Mantery-governance in elected regimes now act like the cabinet ministers designate and advise the governor and get his signatures. Planning for development will be on the shelf and administration on cruise control mode. Central assistance and allocating resources to States is always in a log-jam. Every State has new demands. J&K will now go on a back-burner and its massive devastation of infrastructure will remain in abeyance. BJP in this State will be a virtual minion of the central government and all too eager to rule as an extended union territory. They have cowered down the Peoples Democratic Party cadre and diminished their majority status thereby achieved their aim of direct rule. Article 356 is a handy weapon to clobber weak States if they cannot elect a Chief Minister or come in conflict with other elected members to form a coalition. People of Kashmir are a soft target and can be exploited with comparative ease. The ordeal of elections was thrust during a period of the worst devastation with floods last year. It seemed the object was to topple NC. Post floods was opportune time to make the most of the situation and get Central influence overarching the federal politics of the State and give wide powers to the central government to assert its authority. Direct cash to flood victims was banded about but that also turned out misleading. The sole aim was to form a bridge to transport covert policies and political agenda. One such policy was to bolster uniform civil code designed for the whole country and article 356 adopted in Indian constitution in 1950 was available to do so. Coalition attempts in Kashmir did not have the blessing from the corridors of South Block. The catch-22 situations arose for PDP to accept NC offer and cross-paths with the powerful structures that can make life difficult for them and their governance. There was a standing offer on table from National Conference for an unconditional support not only with their own elected members but also the two independents who align with them. The offer was acknowledged by PDP expressing disbelief, but not taken on board possibly due to pressure from the BJP. It is true PDP got elected for a change from NC to ease suffering but no way did they ask people if accepting offer from NC was in order at this stage or not. NC after all was the common arch rival in the political radar of the two parties and keeping them out was mutual good. BJP leadership stood against dynastic rule in general and lex tallionis or eyeball to eyeball confrontation with Indian National Congress and NC. They piled blame on NC governance. The 80-year-old NC had too much to lose if they aligned with hardline centralist policies of BJP. Election results swayed in favor of PDP and BJP cashing in a call for a change sought by people to allay suffering. The governor rule in J&K is here to stay for six months followed by the Presidents rule for an indefinite period of time if the prophecy of a failed consensus government is true. The dilemma in balancing act of PDP and BJP runs on a parallel tract that never meets to infinity. The stakes put forth by BJP are unacceptable to PDP including sharing chief minister post. PDP have promised revocation of AFSPA, keeping Article 370 and dialogue for peace with Pakistan that BJP have rejected. The voters were mislead on the premise that voting will keep BJP hardliners’ influence away in visible governance. PDP also face retribution if they do nothing and let events drift to take the line of least resistance. BJP on the other hand are laughing. There is a rebellion in the ranks of PDP including members who defected or joined just before the elections. A precarious development is also perceived that political battles fought in secret for power have repercussion in the relationship between people of Jammu province and Kashmir. BJP have set momentum for a contest in demands for governance by two parts of J&K. Promise of chief minister from Jammu may contradict J&K Constitution but has the backing of historical Dogra rule for 100 years. This cleavage may deepen especially if parties like Panther Party and some factions in Kashmir make noises about differences. This alienation may set hearts apart. A government has to be named soon to forestall perpetuation of governor’s rule to six months. This governance is a contingent measure to oversee bureaucracy. Any government without people participation is not acceptable in any democracy of the world. In real politick mish-mash in people and state relationship will be a deterrent to effective governance. Effective, continuous and peaceful governance that has social welfare content high in planning is mandatory in law. In Kashmir there are the special needs of the territory and populations that become the ingredients of that governance. A governor is likened to a sitting autocrat who has no one to answer to but in a kingdom the King governs to prosper and cherish his country and his subjects. The inter-temporal law places a responsibility to deliver effective governance. Effective and constant governance brings credibility to sovereignty. This was upheld as international law in Island of Palmas case that give primacy to good governance. I will paraphrase a fact summary of that case law. Spain ceded Philippines to USA in Treaty of Paris in 1898. A patrolling American officer noticed the flag of Netherlands was flying in Island of Palmas that was a part of Philippines. The dispute was dealt by ICJ in 1928. Both the United States and Netherlands laid claim to the ownership of the Island. The arbitrators ruled that Netherlands continue their sovereignty on the basis that they held peace and good governance for over 100 years, effectively, highlighting the supremacy of effective, continuous and peaceful governance. The new government in Kashmir even though a federal State regime has basic tenets of government and obligations to effective governance before them. PDP aspirants of power have broadcast their other commitments to deliver on the back of the political Accords on record with India. There were the 1957, 1952 Agreements and A-370 of the Indian Constitution entrenched in the relationship with people of Jammu & Kashmir. These Accords were superimpose over 1947 instrument of Accession and its auxiliary collateral document that contains self-determination covenant. It is natural for any legislation to be based on the statutes that are written treaties. These are the inter-temporal instruments that the new government has to keep in continuity in its special relationship with New Delhi. In the event six months lapse and Presidents rule is imposed, how will the canons of that special relationship work? The synopsis of the Rule of Law is defined as the branch of regulation which governs the usage of treaties, codifications and legal acts to the cases which occurred before their creation or their entry into force. How would you work with history? That question may haunt the elite ranks of PDP. People that steer politics in India have knowledge of law and will discourage use of force to assert an agenda concisely summarized by the tribunal in 1998 case law of Eritrea/Yemen Arbitration Award stating attribution or governance of a state that requires that there be an intentional display of power and authority over the state by the exercise of jurisdiction and state functions, on an effective, continuous and peaceful basis. These norms need visible presence in J&K. As explained above effective governance has no peremptory display of force in authority instead there is evidence of reconstituting some kind of normalcy and upgrading of infrastructure, environment, water and power supply, trade and economy. PDP cannot fall into a sleep mode and let events drift by their own weight. They will have the wisdom to create political associations on the basis of merit and give people an exemplary governance that will cover all antecedent scheduling to clean up the State and bring modern living in the domain of ordinary people. History will see them in that light. It may be they will need to make friends with adversaries and take drastic measures , unpopular with political opportunist and adventurists that use Kashmir for new experiments.
Posted on: Mon, 19 Jan 2015 09:43:15 +0000
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