S.92 of J&K Const. must be invoked by the Governor

An urgent meeting of advocates and members of legal fraternity was convened in Delhi this morning to review the situation which has been created in J&K due to the constitutional monarchycreated in the state following the failure of the Central government to set up an emergency government in the state following the sad demise of state’s Chief Minister, Mufti Mohd. Sayeed three days back.

          Prof.Bhim Singh who presided over this emergency meeting raised a serious issue pertaining to the uncertainty, chaos and constitutional monarchy in J&K which has been without any governance since 7th January, 2016, the day the Chief Minister, Mufti Mohd. Sayeed expired in AIIMS, New Delhi.

          Prof.Bhim Singh, Sr. Advocate, Executive Chairman of State Legal Aid Committee in his communication to the President of India has urged the President, Shri Pranab Mukherjee to impose Governor Rule advising the Governor to invoke Section 92 of the Constitution of J&K which makes it mandatory in case there is any failure of the functioning of State government. He said that the conventions, traditions and norms have been very clear that the successor to the Prime Minister or Chief Minister is sworn-in immediately after the death or resignation of the Prime Minister or the Chief Minister. Prof.Bhim Singh cited several examples in support of this convention/legal obligation. The legal fraternity strongly urged the President of India for his intervention to save the state from unfortunate/avoidable constitutional crises.

          Several lawyers from Jammu and Kashmir High Court Bar Associations also opined that the President of India must intervene to save the situation from further constitutional collapse in the state. Prominent advocates associated with J&K Bar Associations and other legal groups including M/s. Balbir Singh Manhas, H.C. Jalmeria, Bansi Lal Sharma, Hari Om Singh (Retd. Sessions Judge), Z.A. Qazmi, Arvind Singh, Sardar D.S. Saini, K.S. Chib, K.S. Parihar, Daljit Manhas, B.S. Billowria, Advocate, Supreme Court and others strongly supported the view that the Governor of J&K should act fast and without any delay to impose Governor Rule by invoking Section 92 of the Constitution of J&K to save the state from further anarchy and chaos.

          The lawyers’ fraternity also felt that the dissolution of the State Assembly is the only way out to save the state from further anarchy because not a single political party in J&K as on today has even one-third strength in the Legislative Assembly. The only way is to give an opportunity to the electorates in J&K to choose their MLAs in fresh poll. This is, Prof.Bhim Singh, the Convenor of the conference said, the only way to save J&K from further anarchy and disorder.