Topic– Parliament and State Legislatures – structure, functioning, conduct of business, powers & privileges and issues arising out of these.
2) The recent act of dissolving of the J&K assembly controverts what has been laid down by the Supreme Court. Comment.(250 words)
Why this question
The governor of J&K has recently dissolved the legislative assembly citing several grounds. However the grounds put forward are against the various judgements and directions of the SC.
Comment- here we have to express our knowledge and understanding of the issue and form an overall opinion thereupon.
Key demand of the question.
The question wants us to express our knowledge and understanding of the current political scenario in J&K and form an opinion as to whether the governor has acted along or against the controverts laid down by the SC.
Structure of the answer
Introduction– Give a brief introduction of the recent decision of the J&K governor of dissolving the legislative assembly.
- Discuss the reasons cited by the government in favour of his decision. E.g “extensive horse trading” and the possibility that a government formed by parties with “opposing political ideologies” would not be stable etc.
- Discuss why it goes against the controverts of the SC. E.g the Supreme Court has deprecated such a line of reasoning. In Rameshwar Prasad (2006), the then Bihar Governor Buta Singh’s recommendation for dissolving the Assembly the previous year was held to be illegal and mala fide. In both instances, the dissolution came just as parties opposed to the ruling dispensation at the Centre were close to staking a claim to form the government; Describing such an alliance as opportunistic is fine as far as it is political opinion; however, it cannot be the basis for constitutional action. As indicated in Rameshwar Prasad, a Governor cannot shut out post-poll alliances altogether as one of the ways in which a popular government may be formed. The court had also said unsubstantiated claims of horse-trading or corruption in efforts at government formation cannot be cited as reasons to dissolve the Assembly etc.
Conclusion– based on your discussion, form a fair and a balanced conclusion on the given issue.