Fayaz Bukhari
SRINAGAR, July 4: Opposition today cornered the Government as Assembly began discussions on a resolution moved by the Government for implementing the Goods and Service Tax (GST) regime without affecting the special status of the State guaranteed under the Constitution of India.
Finance Minister Haseeb Drabu moved the resolution seeking suggestions from the members of the House on how to implement the 101 amendment of Constitution of India pertaining to GST in the State with modifications to ensure that the special status under Article 370 of the Constitution is not affected.
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“This House resolves that the Government of Jammu and Kashmir may give consent to the adoption of GST regime by application of relevant amendments made to the Constitution of India in a modified form to safeguard the existing constitutional position of J&K in the Union of India and the legislative powers under the Constitution of J&K,” Drabu read from the resolution.
The Finance Minister said it was a very sincere effort on part of the Government to get the sense of the House on the issue of GST implementation. “There is no devious game plan, we want a sense of the House and communicate it to the Government of India for implementing GST while safeguarding the special status of the State,” he said.
Drabu said as part of these efforts, the Government has convened all party meeting and also formed an all party panel to build consensus on the issue. “There are apprehensions about GST across India, much more in Jammu and Kashmir. Every MLA has right to voice his opinion. The Government will try to allay their apprehensions,” he said.
Speaking on the issue, NC MLA and former Finance Minister Mohammad Shafi Uri sought a ruling from Speaker Kavinder Gupta on the admissibility of the resolution moved by the Government.
Citing rules of the Jammu and Kashmir Legislative Assembly, the NC leader said a resolution can only be brought on a specific issue but the present resolution covered multiple issues including Constitutional matters. “There is confusion about which rule was followed while presenting the resolution. This resolution is vague and does not fulfill the requirements. There are multiple issues. Some taxes are not applicable to the State but extending 101 amendment of the Constitution will make these applicable to the State,” he said.
Responding to Uri’s query, Speaker of the Assembly, Kavinder Gupta, said the Parliamentary procedure maintains that the order given by the chair is final and reasons cannot be asked.
The NC leader said that implementation of the GST is first step towards abrogation of Article 370 and implementation of the uniform civil code. He asked the Finance Minister how will he safeguard the special positions of Jammu and Kashmir.
Congress MLA Nawag Rigzin Jora said while Section 3 defines the relation between the State and the Union of India, Section 5 gives the powers to the State for framing laws including tax laws. “Sections 3 and 5 (J&K Constitution) cannot be amended, then how do you bring this resolution. Does it not violate the Constitution,” Jora asked.
He said the State Government should have brought in its own law on GST after consulting legal luminaries, without affecting the special Constitution position of the State. He said that by implementing GST Government is violating basic structure of the constitution.
Jora said that Government is deceiving the people of the State. He said that it should have been one nation one tax but it is one nation multi-taxes. He said that micro-entrepreneurs and small businessmen will be worst affected by the GST.
Minister Imran Ansari threatened opposition NC MLA Devender Rana of lynching in the Legislative Assembly during discussion on implementation of GST. “I can lynch you here”.
The threat came during a heated argument between the Minister and the opposition MLA. Rana, while taking part in the discussion on the GST regime, said the members of House should rise above the political considerations and agree upon what is good for the State and its people. He opposed the GST in its current form saying it would render the special status of the State as a “hollow husk”.
Ansari interrupted Rana accusing the opposition MLA of double standards on the GST. The Minister said that while Rana was opposing GST in the Assembly, he had already switched over his businesses to new taxation regime. He also read out the provisional GST registration numbers of various businesses owned by Rana and his business partners.
The Minister while pointing towards Mohammad Shafi Uri said that his relative and son of senior NC leader Abdul Rahim Rather has also provisional GST registration number. He questioned their double standards on GST. He said that on one hand they are against GST and on the other hand they have shifted to GST regime.
Responding to the accusation, the NC lawmaker said he had done nothing wrong as obtaining GST registrations had no legal validity in view of non-implementation of GST in the state. “I have not indulged in tax evasion,” Rana said.
An infuriated Ansari on tax evasion remark by Rana, said: “I can lynch you here. I know all your shady businesses. There is no bigger thief than you. You started from selling mobile oil. Where did you get all this wealth from?”
Rana, who kept his cool, responded saying “many like me can be sacrificed at the alter of safeguarding the interests of Jammu and Kashmir and democracy.”
Several senior NC MLAs joined the issue with the Minister. NC leader Ali Mohammad Sagar, told the Minister “if you have planned to silence him (Rana), you are mistaken. Everyone has a right to express his opinion.” However, others members of the House maintained silence over the threat issued by Ansari to Rana.
Deputy Speaker Nazir Ahmad Gurezi intervened and hit out at both the opposition and treasury members for “wasting the public money”. “Stop attacking each other. People might strip you when you go out. This is nonsense. Stop it!” he said.
Rana further said that the contents of the resolution on the GST are ambiguous. He accused Drabu of double standards on GST by quoting an article he has written in a local newspaper few years back.
The Congress MLA, G M Saroori, while taking part in the discussion on the GST said that it is the black day in the history of the State. He said that there are various shortcomings in the new tax regime and government should not be in a hurry to implement it. He asked the government what are the safeguards and how will they ensure that it will not erode the political autonomy of the State.
And a watch and ward staff of the assembly fell unconscious during a scuffle between his colleagues and opposition MLAs after speaker issued orders for marshalling out independent lawmaker Sheikh Abdul Rashid from the House.
As the discussion on the GST was on, Rashid interrupted the Speakers repeatedly demanding resolution of Kashmir issue. Irked by the repeated disruptions, PDP MLA Javid Hassan Beig entered into a heated argument with the lawmaker from Langate.
During the argument, Beig said “we have a weak Speaker who is allowing you to do this.” The opposition National Conference and Congress MLAs pounced on the opportunity and accused Beig of insulting the Chair.
The BJP members then entered into argument with Rashid who infuriated them by saying that Jammu and Kashmir is a disputed territory pending a resolution.
The BJP members asked Rashid to apologise or face consequences, reminding him of the assault on him in the House in 2015 after the Independent lawmaker allegedly hosted a beef party.
The NC MLAs sprung to Rashid’s defence and challenged the BJP members to dare touch the MLA from Langate. As the situation was getting out of hand, the Speaker directed the Assembly watch and ward staff to marshall out Rashid from the House.
However, the NC MLAs including Altaf Wani, Abdul Majeed Bhat and Mohammad Akbar Lone prevented the staffers from removing Rashid, prompting the Speaker to adjourn the house till 2.30 pm.
As the lawmakers were leaving, one of the watch and ward staff fell unconscious and was rushed to the dispensary located in the assembly complex.
Earlier, the Assembly session was delayed for nearly two hours as media boycotted the House and opposition parties refused to take part till the “curbs” on reporting of the proceedings were lifted.
The security personnel deployed outside the Assembly complex refused to honour the vehicle passes issued to journalists claiming that the ASssembly secretariat had withdrawn the permission to journalists to cover the proceedings.
The journalists then decided to hold silent protest against the curbs imposed on reporting the special session. As soon as the opposition members noticed empty press gallery, they raised the issue with the Speaker and demanded immediate lifting of the curbs.
The Speaker adjourned the house for 30 minutes and Secretary of the Assembly M R Singh met the journalists in an attempt to persuade them to return to the House for coverage of the proceedings.
However, the journalists maintained that Speaker Kavinder Gupta, being the custodian of the House, should explain to them as to why they were humiliated by the security personnel despite possessing valid passes.
In the meantime, Parliamentary Affairs Minister A R Veeri and Information Minister Choudhary Zulfikar Ali also met the protesting journalists promising an inquiry into the incident which they claimed was due to some “communication gap”. However, journalists told the Information Minister that there is no communication gap as the information department officials clearly told the journalists that the passes were withdrawn. The told the Minister that they should have been informed about it.
The journalists, however, did not budge from their stand, forcing the Speaker to meet them and express regret over the incident. The journalists then returned to discharge their professional duties.
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