SRINAGAR: The Center is heading for a worrisome constitutional problem in Kashmir. President’s rule in the state cannot be extended beyond the three-year period which expires in September next year.

Extension of President’s rule beyond three years would require a constitutional amendment. But the former chief justice of the Jammu and Kashmir High Court Justice Bahuddin Faroogi and other experts point out that under Article 370 any such amendment could be applied to Jammu and Kashmir only with the concurrence of the state government.

But since the state is already under President’s rule no state government exists. The experts point out that under President’s rule the governor vote on the event Center a position different from that under governor’s rule under section 03 of the state’s own constitution.

Observers here believe that the talk of holding elections in the State reflects the central leaders concern at the impending constitutional impasse rather than any improvement in the ground situation. However they point out that the exercise of elections could prove counter-productive in more ways than one. Despite the successes removed by the security forces in the drive against militants over the last three years the insurgency continues to pose a serious problem. Moreover the level of alienation of the common man has gone up. To expect that in such a situation the people will participate in the elections is “wild imagination” the observers say.

These observers point out that the mere announcement of holding elections in the state would be big the world will arrive in the Valley for the event. Thus “the farce of an election” will not only embarrass the government but also focus world attention on the Kashmir issue

According to reports the Center is consulting experts on whether there is a way out of the constitutional problem. The other option is to strive for the revival of the assembly the dissolution of which by the former governor Jagmohan has been challenged in court

The division bench which heard the arguments has recommended the constitution of a larger Bench to adjudicate on the case. The assembly if it is revived will complete its term in March next year. The whole exercise will be politically ridiculous the observers point out

Article extracted from this publication >> July 17, 1992