Panthers’ Party plea doesn’t pass Article 92 test of state constitution

NEW DELHI: A former chief justice of the Jammu and Kashmir High Court had said the Jammu and Kashmir National Panthers’ Party (JKNPP) plea for dissolution of the state assembly and imposition of Governor’s rule in the state isn’t “entertainable (sic)” under the Constitution of the State.

Article 92 of the J&K constitution the JKNPP cited in its plea, predicates imposition of Governor’s rule on the ‘satisfaction’ of the governor that the government cannot be carried on in accordance with the provisions of the Constitution. “The present situation cannot be described as breakdown of constitutional machinery. It’s a law and order situation for the democratically elected government to handle,” explained former J&K CJ BA Khan.

A three-judge apex court bench headed by CJI TS Thakur has listed the petition for a hearing next week on being told that the State High Court was “locked up” and the petitioner had no other place to go for relief.

For his part, Justice Khan said many a time such cases are dismissed, with or without a hearing, after being listed by the court.

“Such a plea cannot be entertained by the Court when a democratically elected government is in place. The governor’s satisfaction has to be there along with the concurrence of President of India that there was a breakdown of constitutional machinery,” Justice Khan argued.

In its petition, the JKNPP also drew the SC’s attention to hardships faced by people confined to their homes without food and medicines.” The Court can respond to that by ordering relaxation in curfew restrictions to enable people to buy essential commodities, he added.

Such a plea cannot be entertained by the Court when a democratically elected government is in place. The governor’s satisfaction has to be there along with the concurrence of President of India... BA KHAN, Chief justice J&K