The head of the State shall be designated as Governor,all executive powers shall be vested in him,either directly or through Officer’s subordinate to him.
Breakdown of Constitutional Machinery :-If at any time the Governor is satisfied that a situation has arisen in which the Government of the state cannot be carried in accordance with the Provisions of constitution,the Governor may by proclamation assume to himsely all or any of the functions of the Government of the state and all or any of the powers vested in or exercisable by anybody or authority in the state except the powers vested in or exercisable by the High Court .
Change of Nomenclature:-The name “Governor” for the name“ Sadar-i-Riyasat or President of State “ and the name “Chief Minister” for the name “Prime Minister of the state”was substituted by the Constitution of Jammu and Kashmir (Sixth Amendment) Act,1965.S.2. in Indian administered part of the State of Jammu and Kashmir,which includes 1,01,387 sq .Km of area.
While in Pakistan administered part of the state which includes78,114 sq.Km of area ,Pakistan has maintained The President,The Prime Minister and the Supreme Court in that part of the state,though under Pakistan’s complete patronisation.
So, from the First Governor Hon’ble Dr Karan Singh to 12th Governor Mr N.N .Vohra who happens to be the longest serving Governor of the State ,speaks of his political acumen ,beurocratic wit and wisdom,and multidimentional approach to tackle and deal with problems be it political , social or otherwise.
Changed Position of Governor:-The position and role of the governor of state underwent a great change after the Fourth General elections of 1967.So far the Congress party had enjoyed a position of dominance at the centre as well as in the most of the states which did not permit the Governor to act on his own.After the elections of 1967,in a number of states the Congress was relegated to a position of minority thereby making ground firm for Coalition politics to flourish.Once again with the Victory of the Janata Party in 1977 at the centre as well as in number of states,the role of the Governor evoked controversy.The Controversy continued to rage in the National Front Govt. which came into power at the Centre in 1989.The Governor of the state has ceased to be a mere constitutional head of the state and more often than not act as a tool of the party in power at the centre.
With the restoration of Congress rule at the centre in 1991 under Mr P.V.Narsimha Rao,the Governor’s were again expected to act as agents of Centre .However Mr S.S.Barnala the then governor of Tamil Nadu refused to give adverse report against the Karunidhi Govt.The centre dismissed the Kariunanidhi Govt. of its own and Mr Barnala resigned.The then Bihar Governor Mr Yunis Salim also refused to give report as desired by the centre and resigned his post.Thus Mr Barnala and Mr Younis Salim laid the foundation of a healthy tradition of not acting as mere agents of ruling party at centre.
Expectation’s of Common masses under Governor’s rule and his Beurocratic Dispensation.It is well said that “ Hukime Hakim Margi Mafajat” i,e.the order of the ruler/officer is instant death,which indicates that people were scared and afraid of meeting high officials for the redressal of their daytoday and routine greviences,this phobia was created by the officials of the govt delibrately to avoid hardwork and to create a position of dominance in public life more popularly called AFSAR SHAHI,which situation continues to some extent till date.Under Governor’s rule people are expecting that their genuine and legtimate greivances will be disposed off in a transparent and neutral manner without falling into political hassles and free from corruption, nepotism and favouratism.
Concluding in the Mystic poetic Stanzas of both Shiekh-ul-Alam(R.A) and Allam Iqbal (R.A)
PARDUIN MUHIM YIM PANUS HYN TOU
CHAENTOU RATHE KHCHE CHAENTE WAH
MAGAR GARAZ JO HOSOOLE RAZAIE HAKIM HO
KHITAB MILTA HAI MANSAB PARST WA QUOM FAROUSH
and wise saying of Prophet (P.B.U.H)
UFWUL MULUKI IBQAUN LIL MULK.
The Author is practising at Chamber No.104,J&K High Court Srinagar Wing.