Dissolving J&K Assembly - Constitutionally Correct or Wrong? - Seeker's Thoughts

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Dissolving J&K Assembly - Constitutionally Correct or Wrong?


The State of Jammu Kashmir has main political parties include the Jammu & Kashmir National Conference (NC), the Indian National Congress (Congress), Bharatiya Janata Party (BJP) and the Jammu and Kashmir Peoples Democratic Party (PDP).
There was a coalition government between PDP and BJP for three years which ended abruptly in June 2018. The dissolution of assembly found support from the BJP, whose tie-up with PDP ended in June.
Governor - Satyapal Malik 
Image Source- https://www.hindustantimes.com/india-news/former-j-k-mla-moves-sc-against-governor-s-order-dissolving-assembly/story-XSdbFfOOJ4Slte0sXiJ6jP.html


 Governor's reasons
Jammu and Kashmir's Governor- Satyapal Malik dissolved the state assembly. Due to the act, he came under criticism on 22nd November 2018. As an explanation, he gave multiple reasons for the step. 
The first reason given by governor was - the "impossibility of forming a stable government by the coming together of political parties with opposing political ideologies" Second reason, was given as 'Extensive horse trading" and the possibility that a government. Formed by parties with opposing political ideologies would not be stable. He included doubts about "the longevity of any such arrangement where there are competing claims of the majority" as a reason.
The Supreme Court's guidelines 
In creme Court had observed that the power under article 356 is extraordinary, must be used sparingly and should never be used for political gain for the party on power at the centre. 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 a reason to dissolve the assembly.
Further, it said it was the governor’s duty to explore the possibility of forming a popular government, and he could not dissolve the house solely to prevent a combination from staking its claim.
The governor has no power to examine the ideologies of the political parties prior to inviting them to form a government. No party that does not have faith in the constitution of India can be registered by the Election Commission and therefore the option of doubting the credentials of registered political parties is not available to anyone.
Historical background
In pre-independence times, the Hindu Mahasabha and Muslim league had formed a coalition government in a few provinces. Thus, parties that fight against each other can legitimately form a government and the only responsibility of the governor is to allow the formation.

A way forward
It said was the Governor’s duty to explore the possibility of forming a popular government, and that he could not dissolve the house solely to prevent a combination from staking its claim.  The participation of its major parties in electoral politics and parliamentary democracy is essential.
Anyone interested in political stability in the sensitive state should ensure that democratic processes are strengthened. The potential threats can be political instability, which will lower India's credential. Such act of governor remains under doubt. 

Conclusion 
Dissolving the Jammu and Kashmir Assembly without giving any claimant an opportunity to form the government, Governor has violated constitutional law and convention.