Sanjeev Pargal
JAMMU, Feb 26: The Government today allowed introduction of six private member’s bills in the Legislative Assembly including the one that called for reservations to Scheduled Castes, Scheduled Tribes and women in the Legislative Council and another seeking Autonomous Hill Development Council for Rajouri-Poonch.
In another significant development, the Government also allowed introduction of a private member’s bill of CPM MLA M Y Tarigami seeking reduction in the term of the State Assembly from six years to five year.
The Government, however, opposed the bills, which were subsequently rejected by the House, that sought constitution of Delimitation Commission and giving five Assembly seats to Pakistan occupied Kashmir (PoK) refugees living in Jammu and Kashmir from out of 24 seats reserved for PoK in the State Assembly. It also didn’t allow introduction of a bill, which sought increase in the number of Assembly sessions from two to three every year.
Law and Parliamentary Affairs Minister Saifullah Mir allowed a private member’s bill moved by NPP MLA and former Minister Harshdev Singh, which sought reservations for Scheduled Castes, Scheduled Tribes and women in the Upper House of the Legislature.
The bill moved by Mr Singh stated that there was no provision of any reservations in 36 members Legislative Council though eight seats have been reserved for Scheduled Castes and two for women in the Legislative Assembly.
The bill was aimed at providing reservations to Scheduled Castes, Scheduled Tribes and women in the Upper House.
As the NPP MLA moved the bill, Saifullah Mir allowed its introduction saying he was not opposing the bill at this stage.
Harshdev said there were many occasions when there was no SC and women in the Upper House. “Presently, the SCs, STs and women are at sweat will of the Government to gain berth in the Council. Through the Act, we want to make it mandatory on part of the Government to give reservations to SCs, STs and women in the Upper House,’’ he added.
The Government also allowed introduction of a bill moved by PDP MLA from Darhal (Rajouri district) Choudhary Zulfikar Ali seeking Autonomous Hill Development Council for Rajouri-Poonch.
Zulfikar said the people of Rajouri and Poonch have distinct identity and different problems from other areas of the State.
“Literacy rate in the area is very low, the region remained inaccessible during winter. Road connectivity, medical and educational facilities are poor. The two districts are also geographically isolated and have suffered many a times due to war between India and Pakistan,’’ he said, adding all these conditions made out a strong ground for grant of Autonomous Hill Development Council status to Rajouri and Poonch.
Saifullah Mir allowed a private member’s bill of CPM MLA MY Tarigami, moved in his absence by PDP MLA Choudhary Zulfikar, to be introduced in the Assembly, which sought reduction of State Assembly’s term from six to five years.
Mr Tarigami confirmed that his bill has been introduced. He said he was seeking reduction in the term of the Assembly as other Assemblies as Parliament also have a term of five years.
However, the Government opposed a private member’s bill moved by Prof Chaman Lal Gupta, MLA Jammu West, seeking constitution of Delimitation Commission.
Prof Gupta reminded the Congress that they had supported the demand for constitution of the Delimitation Commission in their election manifestoes of 2002 and 2008 but maintained silence after coming to the power. Claiming that the delimitation was mandatory after every census, he said it should be done since 2011 census has been completed. “The population of Jammu and Srinagar cities has risen three times since previous census,’’ he said and asked: “how can we give representation to the people by freezing delimitation till 2026’’?
Congress MLA and former Minister Ghulam Mohammad Saroori said Ghulam Nabi Azad during his regime had tried to set up the Delimitation Commission but couldn’t do so in the absence of two-thirds majority. Asserting that the Congress is committed to the constitution of Delimitation Commission, Mr Saroori said the people should give the Congress two-third majority in the Assembly to fulfill the commitment.
Saifullah Mir, in his reply, said Prof Gupta was member of the Parliament, which had freezed delimitation of Parliament and Assembly constituencies till 2026.
“We had only followed the Parliament law,’’ he said, adding the State would have to wait for delimitation till 2026 and till then there was no scope. Moreover, he added, to carry out an amendment in the bill to set up Delimitation Commission required two-thirds majority. He recalled that no member of the Assembly had opposed freezing of delimitation when the bill was passed in the Assembly.
Prof Gupta pressed the bill but the House rejected it.
The Government also opposed a bill moved by State BJP president Jugal Kishore, MLA Nagrota demanded that out of 24 seats reserved for PoK in the State Assembly, five should be reserved for PoK refugees putting up in Jammu and Kashmir.
“About 10 to 12 lakh PoK refugees have settled in the State. Their voice would echo in the Assembly through their representatives. The Government should reserve five out of 24 seats for the PoK refugees here,’’ Mr Kishore said.
Saifullah said the bill was practically as well as legally impossible for introduction. He wanted to know whether the BJP has given up its claim over PoK. Further, he added, the Assembly seats are based on area and population.
“Tomorrow, the Kashmir Pandits, who are putting up in Jammu, would also seek 12 to 15 seats on the basis of their 6 to 7 lakh population,’’ Mr Mir said, adding admitting the bill would mean surrendering claim over PoK.
Saifullah advised Jugal Kishore to withdraw the bill or else the BJP stand on PoK would be diluted.
However, Mr Kishore pressed the bill, which was rejected in the Assembly by a voice vote. All BJP members and Prof Gupta staged a walk-out in the Assembly in protest against rejection of the bill.
The Government didn’t allow introduction of a bill moved by the PDP MLA Peer Mansoor Shah, which sought increase in number of Assembly sessions in a year from two to three.
In support of his bill, Mr Shah said the Parliament as well as State Assemblies had four to five sessions in a year while the State Assembly has only two including one very brief session in Srinagar.
Saifullah said the number of sessions should be left to the discretion of the Speaker, Business Advisory Committee and the Government. “If required, the Government can call special session of the Legislature anytime. For this purpose, a bill if not needed,’’ he added.
Mr Shah pressed the bill, which was rejected in the Assembly.
The Government allowed introduction of two private member’s bills of PDP MLA Nizam-ud-Din Bhat. One of the bill seeks declaration of environment as State policy and another for allowing barren patches of Kacharai land to be used for public purpose.
Mr Bhat said the Kacharai land can’t be used for the public purpose. However, some barren patched left by the land and identified by Revenue Department and Panchayats should be allowed to be used for the public purpose.
In his second bill, Mr Bhat said environment has become prime sector and a global concern. He said he was seeking a Constitutional provision for declaration of environment as state policy.
The Government also allowed introduction of another PDP MLA Abdul Haq Khan’s private member’s bill, which seeks amendment in Section 145 CrPC to keep the powers of land litigation cases confined to the District Magistrates only by taking away these powers from the Executive Magistrates.
The Government, however, opposed another bill of PDP MLA Choudhary Zulfikar, which had sought amendment in Jammu and Kashmir School Education Act to bring coaching centre under Government control through a mechanism. He said the coaching centres were charging exorbitant fee from the students.
Hailing spirit behind the law, Saifullah Mir said the Government was itself coming up with Right to Education and connected bills and would incorporate the MLA’s suggestions in it. He said the Government has constituted a Cabinet Sub Committee and the MLA’s suggestions could be included in it.
On the assurance, Zulfikar withdrew the bill.
Another bill of Choudhary Zulfikar Ali to amend Jammu and Kashmir Brick Kilns (Regulation) Act was opposed by CAPD and Transport Minister Choudhary Ramzan on the ground that the Government was itself coming up with a comprehensive legislation and concerns of the MLA’s would be accommodated in the bill. The Minister admitted that the agriculture land was squeezing, which was a cause of concern.
Zulfikar withdrew the bill on the assurance of the Minister.
However, two private member’s bills brought by MY Tarigami and one each by PDP MLA Rafi Ahmad Mir and BJP rebel Jagdish Sapolia were not taken up due to their absence in the House.
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