Sanjeev Pargal
JAMMU, Apr 1: The State Government today declined to allow introduction of two private member’s bills moved by Opposition leaders including Prof Chaman Lal Gupta and Harshdev Singh seeking reduction of strength of the Ministry from 25 to 12 i.e. 15 per cent of total strength of the Assembly at par with Parliament and other State Assemblies.
The Government, however, allowed introduction of three private member’s bills in the Legislative Assembly moved by the Opposition members including Jagdish Raj Sapolia, Engineer Sheikh Abdul Rashid and Harshdev Singh. However, out of a total of 24 private member’s bills, listed for introduction by the private member’s today, 13 lapsed due to absence of the PDP members, five were defeated in the House, three were withdrawn by the members while three others were introduced.
Two private member’s bills listed for introduction and passing also lapsed in the absence of the PDP members. A bill moved by former Higher Education Minister and National Conference MLA Abdul Gani Malik proposing establishment of Sheikh-ul-Alam University, Chattargul, Anantnag to offer higher learning in various streams by utilising surplus funds of a NGO named Smart also lapsed as Mr Malik was not present in the House when the bill was to be moved.
Prof Chaman Lal Gupta (BJP breakaway group leader) and Harshdev Singh (NPP) had moved two separate private member’s bills in the Assembly proposing amendment in the Constitution of Jammu and Kashmir to reduce strength of the Council of Ministry from 20 per cent of the strength of two Houses, which comes out at 25 to 15 per cent of the strength of Assembly, which comes out at 12.
In almost identical statements while moving the bill, Prof Gupta and Mr Singh said the strength of the Ministry in Parliament and all States was 15 per cent of the strength of Lok Sabha and Assemblies. However, it was only in Jammu and Kashmir that strength of the Ministry was 20 per cent of the strength of the Assembly.
“If we take 15 per cent strength of the Assembly, the number of Council of Ministers would come down from present 25 to 12,” they said.
Prof Gupta pointed out that Sheikh Abdullah had only five Ministers in the Cabinet. He pointed out that Chief Minister Omar Abdullah in his reply in the Assembly had admitted that four Ministers were involved in corruption charges.
Harshdev said Rs 2 crore annual expenditure is incurred on one Minister, which a poor State like Jammu and Kashmir can’t afford. He said if the leaders with status of Ministers are also taken into account, the number would go up to 32 or 33 in the State, which was nearly three times the strength of the Ministry, which the State can have going by the legislation of Parliament and other State Assemblies.
“This was abuse of public money and burden on the State exchequer,” he added.
In his reply, Law and Parliamentary Affairs Minister Saifullah Mir said the J&K has its own constitution. He said the State has different regions and linguistic problems and had to given representations to various areas.
“Even with 20 per cent strength of both the Houses, many areas and sections were un-represented. We have 22 districts,” Mr Mir pointed out and said the Ministers were not meant for enjoying luxuries but were elected representatives of the people and were addressing their problems.
Both Prof Gupta and Mr Singh pressed their bills for introduction in the House, which were defeated.
CPM MLA MY Tarigami’s bill for proposing amendment in State Commission for Backward Classes Act was also defeated in the Assembly as the MLA angry over opposition of the bill by Agriculture Minister Ghulam Hassan Mir on behalf of Social Welfare Minister Sakina Itoo pressed it for introduction.
Mr Tarigami said that by opposing the bill even at the introductory stage, the Government was sending a message to the House that the MLAs shouldn’t bring the private member’s bills. He said Law Minister (Saifullah Mir) should have reacted on the bill in the absence of the Social Welfare Minister and not the Agriculture Minister.
The Agriculture Minister, however, said the Social Welfare Minister has authorized him to react to the bill.
Through the legislation, Mr Tarigami wanted that castes, which have ceased to be backward should be omitted while new backward classes be inducted. He said the exercise was also mandatory for the Commission after every 10 years.
“As no revision of the lists has been undertaken by the Government since implementation of the Act, the amendment was necessary,” he proposed.
The Minister assured the members that powers for inclusion of exclusion of the castes were vested with the Commission but they couldn’t do it after 10 years due to problems in the State. He said the process would be accelerated.
Mr Tarigami demanded that the Commission should be made functional, have autonomous character and given teeth.
Another significant bill moved by Independent MLA Engineer Abdul Rashid for stopping reservations to Scheduled Castes and Backward Classes etc in the promotions was defeated in the House. Only Mr Tarigami supported the bill.
Mr Rashid and two PDP MLAs-Rafi Ahmad Mir and Syed Basharat Ahmad Bukhari had jointly moved the bill. However, only Mr Rashid moved it in the House as the PDP members were not attending the Assembly.
Mr Rashid sought to amend Jammu and Kashmir Reservation Act through the private member’s bill saying when reserved category people were appointed in the Government jobs, they were automatically lifted and then there was no need for reservation in the promotions.
“The reservation in promotions blocked the doors of other persons,” Mr Rashid said adding that there was a direction from the Supreme Court also that some changes were required in the Act. He asserted that merit and talent get discourages with the reservation in promotions.
In his reply, the Law and Parliamentary Affairs Minister said the Reservation Act was aimed at uplifting educationally, socially and economically backward people. He added that only when the Government thinks that condition of SCs and Backward Classes has been uplifted economically and educationally that the Act can be amended and not now.
“When the people of reserved category reached the stage of equating with others, the amendment can be considered,” the Minister said.
Mr Rashid pressed the bill for introduction, which the House rejected. Mr Tarigami said he supports the bill moved by Mr Rashid.
NPP MLA Balwant Singh Mankotia’s bill for setting up a Shrine Board for all temples in the State including Ragunath temple and other such religious places manned by Dharmarath Trust didn’t find favour in the House and was defeated. He wanted that the temples and shrines manned by Dharamarth Trust should be taken over by the proposed Shrine Board, a demand that the Government rejected.
Mr Mankotia said the condition was some of the temples including those manned by Dharamarth Trust was very bad and it seems they hadn’t been even white washed for years together.
“In Ragunath temple, even money was snatched from pockets of the people. What message we are giving to the pilgrims tourists”? he asked. Hailing the recent constitution of Shrine Board for Sukrala Mata Ji and Bala Sundri Mata ji shrines, he said there shouldn’t be separate Boards but one Board for all such shrines and temples for their better management. He pointed out that sentiments of the people were attached with the shrines and a demand was also growing for setting up Shrine Board for Bahu Fort temple.
The Law Minister opposed the bill saying it was technically also not fit for introduction as no financial memorandum has been attached with it.
Saifullah said the MLA shall have to justify the allegations is mismanagement as every temple was being run by a Society. The Dharmarth Trust and the Societies running the temples were registered. Moreover, he added, the matter pertaining to Dharmarth Trust was also sub judice.
Mr Mankotia pressed the bill for introduction, which was rejected. He staged a walk-out in the House in support of his bill.
The Government allowed introduction of three bills including the one moved by Harshdev Singh pertaining to introduction of Hindi, Dogri and Kashmiri languages for conducting day-to-day work in the Legislative Assembly.
Asserting that presently the Assembly proceedings were written only in Urdu and English, Mr Singh proposed that Hindi being the national language and Dogri and Kashmiri being the State languages should also be used for the Assembly work. He said Dogri having been introduced in eighth Schedule of the Indian Constitution and sixth schedule of the State Constitution was eligible for work in the Assembly.
He pointed out that the Presiding Officers’ conference held in 2010 in Srinagar had also called for promotion of regional languages for conducting the Legislature work.
The Law Minister said he was not opposed to introduction of the bill.
Saifullah Mir also allowed introduction of another private member’s bill of Independent MLA Engineer Abdul Rashid, which sought to prohibit production, sale, promotion, advertisement, import and consumption of tobacco and tobacco products in the State.
Yet another bill of BJP breakaway group MLA from Basohli, Jagdish Raj Sapolia was allowed to be introduced in the House. Though the bill, Mr Sapolia had sought that Jammu and Kashmir Commission of Inquiry, which had its permanent headquarters in Kashmir, should either move with Civil Secretariat or its offices should be headquarters at both Jammu and Srinagar.
The Law Minister allowed the bill to be introduced.
Mr Sapolia, however, withdrew his another bill though which he had sought time bound investigations, prosecution sanction and trial of corruption cases by amending the Prevention of Corruption Act. He had also sought that all district courts should be empowered to hear the corruption cases.
Finance Minister Abdul Rahim Rather said it was not practicable to make trial and other procedures of the corruption cases time bound as it would benefit the accused if investigations were not completed in time. He said the special courts were must for trial of the cases and all 22 district courts can’t deal with corruption cases.
Mr Rather assured the members that the recently set up State Vigilance Commission would exercise supervision over the Vigilance Organisation and monitor the cases. On the assurance of Mr Rather, Mr Sapolia withdrew the bill with the permission of the House.
Prof Gupta also withdrew his bill seeking to provide more facilities including maintenance allowance and initiating welfare measures for senior citizens of Below Poverty Line (BPL) after Agriculture Minister Ghulam Hassan Mir speaking on behalf of Social Welfare Minister Sakina Itoo said the Government was considering bringing such a bill on its own.
Mr Mir listed the measures, which the State Government had already taken for welfare of senior citizens. He said the sentiments expressed by Prof Gupta for the senior citizens would be considered.
Prof Gupta wanted the Government to specify time of bringing the bill on its own.
Independent MLA from Kathua Charanjit Singh Jasrotia also withdrew his bill seeking amendment in Jammu and Kashmir Evacuees (Administration of Property) Act after Minister of State for Revenue Aijaz Khan said there were enough safeguards in the existing laws on transfer and other rights of Evacuee Property.
Mr Khan said the member has expressed apprehensions that the Evacuee Property could go in wrong hands as some people from PoK were bring attorneys. He added that the attorneys were required to be attested by Indian Embassy in Pakistan.
Twelve bills moved by the PDP members lapsed in the Assembly due to their absence. The PDP has been boycotting the House since March 13 after Union Home Minister Sushil Kumar Shinde rejected the demand for returning mortal remains of Afzal Guru to his family. Another bill of NC MLA and former Minister Abdul Gani Malik also lapsed as he was not present in the House.
Two private member’s bills of PDP MLAs-Zulfikar Ali and Rafi Ahmad Mir, which had reached the stage of consideration and passing-also lapsed in their absence. While Zulfikar’s bill pertained to prohibition of sale, purchase, consumption and manufacture of liquor in the State, Mr Mir’s bill has sought amendment in Jammu and Kashmir Code of Criminal Procedure Act.
Through one of the private member’s bill, PDP MLA Syed Basharat Ahmad Bukhari wanted that control of Shri Amarnath ji shrine should be given to Kashmiri Pandits on the ground that presently the shrine was being controlled by the persons “who were outsiders and have little knowledge of Shaivism and Sufi culture of the State”.
He had sought that control of the shrine should be given to Kashmiri Pandits, who were “real stakeholders”.
Another PDP MLA Nizam-ud-Din Bhat had pro[posed that The State Accountability Commission should be given powers to take suo-moto cognizance of allegations and complaints against persons in authority.
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