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Para submits privilege motion against J&K Chief Secretary, Law Secretary

Srinagar, Sep 30 (UNI) Peoples Democratic Party MLA Waheed Para Wednesday submitted a Motion of Privilege against the Chief Secretary and Law Secretary of Jammu and Kashmir, alleging that the two senior bureaucrats questioned the contents and language of a resolution moved in the Assembly.
In his notice to the Speaker, Para referred to the statement of the Chief Minister on the floor of the House and said the issue raised “a serious question of legislative privilege” if the facts stated by the Chief Minister were correct.
On Monday, Omar Abdullah said in the House that the Law Secretary has written a letter to the Speaker, asking him to disallow the CM's resolution on statehood. The letter written by the Law Secretary was routed to the Speaker through the Chief Secretary. The statehood resolution was passed by J&K Assembly on Monday amid protest by BJP legislators.
PDP MLA Para argued that the power of an elected legislature to initiate, deliberate upon, amend and adopt resolutions was a core parliamentary function, and maintained that administrative or legal advice by officials could not become a means of “questioning, constraining or intruding upon” the legislative authority of the House.
“If the facts stated by the Hon’ble Chief Minister are correct, the matter raises a serious question of legislative privilege and the constitutional separation between the elected Legislature and the executive bureaucracy. No unelected official should be placed in a position where the legislative authority of this House, or the right of its elected Members to initiate and debate matters before it, is effectively subjected to bureaucratic approval,” Para said in his notice.
“I am therefore 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,” he added.
At the same time, Para made it clear that his motion should not be construed as an endorsement of the Chief Minister’s resolution.
“I have serious reservations regarding its substance, language and lack of clarity, and I have exercised my right as an elected Member to place those objections before the House,” he added.
“The issue before us is fundamentally different: whether the elected Legislature can be subjected to scrutiny, approval or restraint by the bureaucracy in the exercise of its legislative functions,” he said.
Para urged Speaker Abdul Rahim Rather to take cognisance of the matter, examine the circumstances in which the objections were raised and take appropriate action under the Rules of Procedure and Conduct of Business and applicable law governing the privileges of the House.
“The privileges of the Legislature are not privileges of individual Members; they are safeguards for the authority of the House and the democratic mandate of the people,” Para said.
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