Speaker to set up House Panel, directs Govt to put new protocol on hold

Excelsior Correspondent
JAMMU, Nov 20: Ongoing ‘protocol war’ in the ruling BJP today took another twist when Legislative Assembly Speaker Kavinder Gupta told top officials of the State administration that he would constitute a Joint House Committee comprising members of all political parties to study protocols of Centre, other States, Parliament etc before finalizing new protocol and directed them to put on hold on implementation of the ‘Warrant of Precedence’ finalized by the Cabinet Sub Committee (CSC) by then.
As exclusively reported by the Excelsior, the Speaker today chaired high-level meeting of the bureaucrats and categorically directed them not to implement the “new protocol’ finalized by Deputy Chief Minister Dr Nirmal Singh-headed CSC saying he would form the House Committee comprising legislators of all political parties, who would take into account the protocol of the Centre, other States, Parliament and Judiciary before drafting new protocol system.
Gupta told the bureaucrats that it was immaterial as to who holds Chair of the Speaker but what matters is that sanctity and decorum of the Chair shouldn’t be degraded saying the CSC has made an attempt in this direction, which was not acceptable.
Top officials, who had been called by the Speaker in today’s meeting, included Chief Secretary BB Vyas, Commissioner/ Secretary, General Administration Department (GAD) Khurshid Ahmad Shah, Secretary Law Department Abdul Majid Bhat, Secretary Legislative Assembly Mulkh Raj Singh, Additional Secretary, Legislative Assembly Naseem Jan and Additional Secretary, Protocol Department among others.
Sources informed the Excelsior that Speaker Kavinder Gupta told the bureaucrats that there was no post in name of the Deputy Chief Minister in Jammu and Kashmir and, therefore, no one has the authority to place the Deputy CM above him in the protocol.
“This wouldn’t undermine my authority but authority of the Assembly Speaker’s Chair,” he reportedly said.
Dr Nirmal Singh, another senior BJP leader and party MLA from Billawar, is the Deputy Chief Minister.
The CSC headed by Dr Nirmal Singh and comprising Industries and Commerce Minister Chander Prakash Ganga, Law and Rural Development Minister Abdul Haq Khan and Horticulture Minister Basharat Bukhari had submitted its recommendations to the Government placing the Deputy Chief Minister at No. 3 in the protocol after the Governor and the Chief Minister while the Speaker’s name was placed at No. 5 behind the Deputy CM and the Chief Justice of State High Court.
However, the CSC recommendations haven’t been implemented yet and the Speaker today directed top officials to put new protocol devised by the CSC on hold and follow existing ‘Order of Precedence’ till the new system is devised by the All-Party Joint House Committee of both the Houses (Assembly and Council) to be constituted by him (the Speaker).
In the existing system, the Speaker is at No. 3 behind the Governor and the Chief Minister while the Deputy Chief Minister is at par with the Cabinet Ministers behind the Chief Justice of High Court and the Chairman Legislative Council.
Sources said the Speaker said at the meeting that the All Party House Committee would be mandated to study protocol system of the Centre, other States, Parliament, Supreme Court and High Courts and come out with its findings, which should be adopted as the new protocol instead of the system finalized by the Cabinet Sub Committee. The Panel will also take views of Home and Parliamentary Affairs Ministries of the Centre before finalizing new protocol.
The House Committee would be set up shortly and will have members from all political parties including ruling and opposition, sources said.
As reported, the MHA has also taken note of the “new protocol” proposed by the State Government, which would make all Union Ministers of State, including those enjoying Independent Charge, junior to the Deputy Chief Minister as it felt that this could lead to problems when the Union Ministers of State would visit Jammu and Kashmir for reviewing of working of their Ministries.
However, a section of BJP Ministers, legislators and senior leaders have justified new protocol on the ground that the BJP has taken post of the Deputy Chief Minister from the PDP for being equal partner in the coalition Government and, therefore, it was necessary that the Deputy CM is kept next to the Chief Minister in protocol. They were of the view that there was no fun of taking post of the Deputy Chief Minister for the BJP if he has to be treated just like any other Cabinet Minister. But, there was another section in the party, which felt that adopting J&K’s own protocol would send a message in the country that BJP was strengthening Article 370, which, it otherwise, wants to abrogate or dilute.
Excelsior had exclusively leaked the new protocol, which led to an “open war” in the BJP with Speaker Kavinder Gupta boycotting the District Development Board (DDB) Jammu meeting chaired by Deputy Chief Minister Dr Nirmal Singh after his name had figured below the Deputy Chief Minister at a plaque installed by the Jammu Development Authority.
Official sources were, however, of the view that the protocol adopted by the Cabinet Sub Committee was prevalent at Punjab and Kerala and, therefore, it can’t be said that it was rare.
The Speaker also called for giving due consideration for incorporation of heads and officers of various left-out Boards, institutions like State Vigilance Commission, State Information Commissions, State Accountability Commission and others in the Order of Precedence to ensure their due privileges are upheld.
Taking a note of the point raised by legislators regarding violation of various circulars and guidelines issued by the Government from time to time pertaining to privileges and amenities available to them, the Speaker asked the General Administration Department to issue a fresh circular directing the Government officers, district administrations and Administrative Secretaries to strictly follow the Order of Precedence and ensure adherence to the guidelines regarding privileges and protocol of the legislators.

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