SANT KUMAR SHARMA Jammu, Dec 16 |15:
Ch Zulfkar Ali, the Minister in Charge of Consumer Affairs & Distribution, in Jammu and Kashmir, addressed a long press conference on the issue of implementation of National Food Security Act (NFSA). He gave clarifications about the various facets of the NFSA, its timeline all through the country and other related issues. One question that remains unanswered is whether this is being done in violation of the Article 370 of the Constitution? The question arises because it is generally understood that implementing a Central law, or not, in Jammu and Kashmir, is the prerogative of the state legislature, Legislative Assembly and Legislative Council. Any law, which is passed by Parliament, does not automatically get extended through the territory of Jammu and Kashmir. For this, the state legislature has to pass another similar law, to the one passed by the Parliament. This unique prerogative of, presiding over, and reviewing something that Parliament has done, is for J&K Legislature, conferred under Article 370. Incidentally, no other state legislature has such sweeping powers. Even if Parliament passes a law for the entire nation, obviously because it is in “public interest’’, the public of J&K does not get any benefit if the state legislature decides against this particular law. The National Conference-Congress coalition government, led by Omar Abdullah, decided not to implement the NFSA when it was passed by the United Progressive Alliance (UPA) government headed by Dr Manmohan Singh. The Congress in the state said it openly that it wanted the NFSA to be extended, and implemented, in the state. However, it could not do so because the NC did not want so. The NC opposition to the implementation of NFSA, a law passed by the UPA II, had led to some bitter acrimony with the Congress. So much so that the senior Congress leader, Mr Ghulam Nabi Azad, had on record criticised the NC. Not to be outdone, the CAPD minister, Mr Ramzan Chaudhary, had told Mr Azad to stay off the terrain, and not talk about the issue in a misleading way. This was the same, or similar, story to what hade happened between the two partners on the issue of the implementation of the Right to Education (RTE) law in J&K. The Congress had the Education Portfolio as the then Deputy Chief Minister, Mr Tara Chand, led it. But the party could not get it extended to the state as the NC was opposed to it, for its own reasons. So, how come the NFSA is going to get extended to the state of Jammu and Kashmir now? Because the Cabinet has decided to do so. Is it not the prerogative of the state legislature to first debate, and discuss, the pros and cons, of the said law before it gets implemented in the state? Why should it not be brought in the legislature as required under Article 370? Is it (the implementation of the NFSA in &K) another instance of diluting Article 370? Those defending Article 370 argue that only three subjects, defence, communications and external affairs are the domain of the Central government. Since the accession of the state of J&K to the Indian Union (or Dominion then) was on these subjects. Then how come that something like food security, not falling within these three subjects, is being implemented in the state by the cabinet of the state, and not by first passing an enabling law by the state legislature first? The implementation of the Central NFSA will mean heavy outflow of money for the Central government as it will have to provide considerable money to the state. Is it something that will be legal, or illegal? This is a confusing issue as no clear answers are available to this. Only the experts can explain, and none of them has come forth with a convincing explanation so far.
