PDP moves privilege motion against J&K Chief Secretary, Law Secretary
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“In view of the concerns placed on record by the Chief Minister regarding the role and conduct of the two senior officers in questioning the contents and language of a resolution of this House, I intend to move a Motion of Privilege. The power of an elected Legislature to initiate, deliberate upon, amend and adopt resolutions is a core parliamentary function,” said PDP legislator Waheed-ur-Rehman Para, in a letter addressed to the Speaker, Abdul Rahim Rather.
The resolution was passed by the Assembly on Monday.
During the debate on the resolution, the Chief Minister cited severe bureaucratic overreach and pointed out that the Assembly Speaker had received an opinion from the chief secretary and the law secretary over the resolution, which he was unaware of.
Mr. Parra said while officers were entitled to provide administrative or legal advice to the Government within the scope of their duties, “such advice cannot be permitted to become an instrument for questioning, constraining or intruding upon the legislative privileges and authority of this House”.
“I am invoking the privilege jurisdiction of this House to ensure that the dignity and constitutional authority of the Legislature are protected. This is not merely a matter concerning one resolution or one Member; it concerns the institutional rights of this House and the representative mandate entrusted to us by the people of J&K,” said Mr. Parra.
Congress legislator Irfan Hafeez Lone also raised the issue. “This is about the authority and dignity of this house. Such an incident was unknown to law even if J&K is a Union Territory (UT). It’s the Speaker, as per the rules, who gets to decide admissibility of a resolution. How can a public servant serve an opinion to the Speaker? It’s not a matter of serious concern and very disturbing,” said Mr. Lone.
J&K Peoples Conference legislator Sajad Gani Lone also took exception to the communications sent by the officers to the Speaker. “If you (the government) are powerful, then take action against the one who undermined the house,” said Mr. Lone.
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