Sanjeev Pargal
JAMMU, Jan 11: Barring four MLCs, all other newly elected MLAs of 12th Legislative Assembly will have to wait for their powers including access of Constituency Development Fund (CDF) worth Rs 1.5 crores every year and hefty monthly package worth over Rs 90,000 in the wake of imposition of Governor’s Rule in the State. These and other privileges to the MLAs will be available only once the new Government is formed and they take oath.
In 11th Legislative Assembly, the legislators had become entitled to CDF and other privileges on January 18 and 19, 2009 when they had taken oath in the specially convened session of the Legislature while first sitting of the House was held on January 20. However, this will not be possible in the 12th Assembly due to the Governor’s Rule.
Official sources told the Excelsior that as per the laid down rules and procedures, all newly elected 87 MLAs, 55 of whom have been elected to the Assembly for the first time, will be eligible to undertake development works in their constituencies through the CDF only when the new Government is formed. However, since 12th Assembly to which 87 MLAs have been elected has been constituted by the State Law Department and their election endorsed by the Election Commission of India, the MLAs can take up the issues of routine works with Administrative Secretaries, District Development Commissioners and Heads of Department (HoDs) etc.
The MLAs will not be entitled to hefty monthly perks of about Rs 90,000 until they take the oath, sources said, adding they would become eligible to perks from the day of oath. Though duly elected, the new MLAs will have to wait for end of the Governor Rule, formation of new Government and oath ceremony in the Assembly for becoming eligible to perks.
However, four newly elected MLAs are lucky enough as they would continue to have access to the CDF as well as perks as they were members of the Legislative Council and have not given up their membership so far. The CDF and perks of MLCs are equivalent to the MLAs.
Four MLCs, who have been elected as Members of the Legislative Assembly included Devender Singh Rana, Javed Rana (Deputy Chairman Legislative Council), Abdul Majeed Laram, all belonging to National Conference and Ashraf Mir of PDP. Devender Rana was elected from Nagrota, Javed Rana from Mendhar, Laram from Homeshalibugh and Mir from Beerwah.
Devender Rana and Laram have still over four years of membership in the Upper House while Mir has two years plus tenure left. Javed Rana, however, is due to retire in March this year.
Apart from them, lone Rajya Sabha member elected to the Assembly, Mohammad Shafi Uri of National Conference can also utilize his last installment of MPLADS till February 12 when he would retire from the Upper House of Parliament along with three other members from Jammu and Kashmir.
While Javed Rana might retire from Legislative Council till new Government is formed, three other MLCs elected as MLAs will have to give up membership of the Upper House when they take oath as MLA after revocation of Governor rule and formation of new Government in the State.
Of 87 newly elected MLAs, at least 25 will be eligible to become Ministers including the Chief Minister while two others can become the Presiding Officers—Speaker and Deputy Speaker.
According to legal position in Jammu and Kashmir, which is different from Parliament and other State Assemblies, the State can have 25 Ministers—Chief Minister and 24 Ministers (inclusive of Cabinet and Minister of State).
While the Prime Minister and the Chief Ministers of other States can have Ministers only up to 15 per cent of total strength of Lower House, Jammu and Kashmir can have Ministers up to 20 per cent of total strength of both Houses of the Legislature. This was in view of the fact that the State Assembly enjoyed powers to make its own laws.
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