Srinagar, September 30: PDP MLA Waheed Para on Wednesday submitted a privilege motion in the Jammu and Kashmir Legislative Assembly against the Chief Secretary and Law Secretary, alleging that their conduct amounted to questioning the authority of the House in connection with the statehood resolution.
The motion follows remarks by Chief Minister Omar Abdullah during the Assembly debate on the resolution, which was passed on Monday.
Abdullah had said that the Speaker received opinions from the Law Department and Chief Secretary regarding the resolution, while the Law Minister was not aware of the communication. He described the situation as an example of the limitations faced by Jammu and Kashmir as a Union Territory.
In his motion, Para said the elected Legislature has the authority to initiate, debate, amend and adopt resolutions and argued that administrative or legal advice from government officials should not interfere with the legislative functions of the House.
Para said that if the Chief Minister's statements were accurate, the matter raised questions concerning legislative privilege and the separation between the elected Legislature and the executive bureaucracy.
He clarified that the privilege motion should not be interpreted as support for the statehood resolution itself.
“I have serious reservations regarding its substance, language and lack of clarity,” Para said, adding that he had exercised his right as an elected MLA to raise those concerns before the House.
He urged the Speaker to examine the circumstances in which the officials' opinions were submitted and take appropriate action under the Assembly's rules and applicable law governing legislative privileges.
The issue of alleged bureaucratic overreach was also raised during Zero Hour on Wednesday.
Congress MLA Irfan Lone, CPI(M) MLA M Y Tarigami and People's Conference MLA Sajad Lone also spoke on the matter.
The legislators described the alleged intervention as unprecedented and unacceptable. Sajad Lone said action should be taken against officials if they had acted contrary to the authority of the House.
