Dr Raja Muzaffar Bhat
The Parliamentary system of Government enshrines the principle of accountability of the executive to the legislature on continuous basis. It also ensures a harmonious relationship between the two organs of Government (legislative and executive) to further the interests of the people. This actually is the essence of democracy and first and foremost object of a democratic governance. An independent Parliamentary Affairs Department acts as a bridge between the legislative and the executive organs of the Government. Parliamentary Affairs Department has to be alert and make continuous follow-ups towards implementation of Government’s policies that are discussed and debated in the parliament / state assembly. In almost all the states we find a separate and independent Parliamentary Affairs Departments. Be in Kerala, Punjab, Rajasthan, Orissa or Maharashtra, all these states have well established Parliamentary Affairs departments headed by an independent Administrative Secretary. Even at national level Parliamentary Affairs is a separate Ministry which is looked after by a senior minister.
In Jammu and Kashmir, this important Government organization has been clubbed with Law Department from the day constituent assembly in J&K came into existence in the year 1951. It was for the first time in J&K’s history that previous Government decided to create a separate Parliamentary Affairs department. In-fact the cabinet gave a nod to this proposal early this year. Former Finance Minister DrHaseebDrabu made an announcement about a separate Parliamentary Affairs Department in J&K from the floor of the house during his Feb 2018 budget speech. Finance Department also gave concurrence for the creation of 18 posts for this department. A post of Secretary to Government was also created in the pay-scale of 34600-67000-PB-10,000. Inspite of all these processes and announcements, the department is yet to start functioning independently and continues to be part of the state Law Department.
Why a separate Department ?
Parliamentary Affairs Department has a crucial role not only at centre , but it plays an important role in states as well. This department issues dates of summoning of the state assembly or its dissolution or calling for Governors address. Parliamentary Affairs department undertakes planning and coordination of Legislative Assembly or Legislative Council and other official business in both the houses. There are many states who do not have Upper House (Legislative Councils) but J&K has it and in view of this , Parliamentary Affairs Department in J&K state has a much stronger role. Parliamentary Affairs Department allocates Government the time in the Assembly for discussion on motion given notice by members. This Department coordinates and keeps a close laisonwith leaders of groups and Deputy Chief Whips. Select Committees to Bills are also identified by this particular department. As we know there are several committees and bodies constituted by legislative assembly / council. All the appointments of the members of Assembly/ Council on these Committees and other bodies set up by the Government are taken care of by Parliamentary Affairs department. From the floor of the house many ministers give assurances to members of state legislature during question hour etc. To implement these assurances given by ministers in the Assembly / Council Parliamentary Affairs Department has to play a great role. As there is no separate department of Parliamentary Affairs in J&K, most of the assurances given by ministers in the house are not properly followed as staff in state law department have lot of other work as well. They are not able to do justice with their job having to address issues related to Law , Justice & Parliamentary Affairs issues.
Other responsibilities
Parliamentary Affairs Department in addition to aforementioned functions and duties has to fulfil following responsibilities as well
* Government’s stand on private members bills and resolutions.
* Secretariat Assistance to the Parliamentary and Legal Affairs Committee of the Cabinet.
* Salaries and allowances of Members and officers of Assembly / Council.
* Advice to Department on procedural and other Parliamentary matters.
* Coordination of action by departments on recommendation of general application made by Parliamentary Committee.
* Chasing of the implementation of the remarks of the committee on subordinate legislation.
* Joint Committee on offices of profit(LokSabha).
* Holding Youth Parliament Competitions.
* Implementation of the recommendations of the Conference of Chief Whips.
* All matters relating to election, nomination of the members and officers of the Legislative Assembly / Council
* Liason with different Departments for sending the material for replies of the Adjournment motions etc. placed by MLAs and MLCs
* All Establishment matters relating to the officers and staff of the Legislative Assembly / Council.
Conclusion
I would like to draw kind attention of Governor Stayapal Malik towards his recent interview on NDTV. He said if some assurances have been given by former Government that need to be fulfilled. There are many assurances which were given by previous Government from the floor of the house , but many of them have not been fulfilled. Separate Parliamentary Affairs department in J&K is one such assurance which should be fulfilled by Governor administration. This will pave a way for an effective and transparent governance in Jammu & Kashmir.
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