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Congress, TMC term Governor's rule in J&K 'unconstitutional', 'arbitrary'

President's rule in Jammu and Kashmir follows if the Governor's rule extends beyond six months

Press Trust of India  |  New Delhi 

Shashi Tharoor
Congress leader Shashi Tharoor of the Congress said Governor Satya Mal Malik acted in "gross violation" of a Supreme Court order in the S R Bommai case

Opposition parties Friday termed the imposition of Governor's rule in as "unconstitutional" during a discussion in the on a statutory resolution that approved President's rule in the state.

President's rule in follows if the Governor's rule extends beyond six months.

Initiating the debate, of the said Governor Satya Mal Malik acted in "gross violation" of a order in the S R Bommai case that had stated that whether an alliance has a majority or not can be decided only on the floor of the assembly.

The governor's "private assessment" is anathema to the Constitution and is also subject to personal malfeasance, he said

Malik's decision to impose Governor's rule after the NC, PDP and the made a move to form the government in the state was also in "violation" of the Sarkaria commission's guidelines on Centre-state relations, he said.

Tharoor also objected to Malik's rejection of the alliance as a tie-up of parties of ideological variance, saying he should not have arrived at a political determination and added that the earlier alliance of the PDP and the BJP was also a case of "unnatural marriage".

He suggested that Malik's action was unconstitutional and asked Home Minister to share the reasons Malik cited for his action.

Speaker allowed the discussion as a "special case" even as the House had already adopted the resolution moved by Singh earlier in the day.

Saugata Roy of the Trinamool also termed the governor's decision as "arbitrary" and "unconstitutional".

He also accused the central government of "collusion" and claimed that it propped up the rival alliance led by Sajjad Lone, who had the support of "only two MLAs".

The government has "failed" in the state, he said and added that over 900 persons have died in militancy-related incidents there so far this year.

ALSO READ: Jammu and Kashmir Governor dissolves Assembly after PDP, Lone stake claim

BJD's Bhartruhari Majtab supported the resolution, saying the Governor's rule in the state had become necessary and noted that its two main regional parties, the NC and PDP, boycotted the panchayat polls.

He said assembly elections should be held in the state along with the elections in 2019.

AIADMK's P Venugopal expressed his party's opposition to the imposition of Governor's rule as a matter of principle and asked the Centre to explain the reasons for taking such an "extreme" step.

of the NCP said it is not the time for bullets in the state and called for holding elections there.

First Published: Fri, December 28 2018. 14:20 IST
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