Excelsior Correspondent
KATHUA, Oct 23: Accusing the BJP Govt of using J&K as a laboratory and holding new experiments every other day, the NPP chairman Harsh Dev Singh took strong exception to the extension of more than 150 new as well as amended laws to J&K merely by taking recourse to Sec 96 of the Re-organization Act.
He said that new laws were being extended to J&K on regular basis by the Union Home Ministry even with regard to subjects which fell in the ‘State list’ by either repealing the existing laws or making amendments in respect thereof. And all these new legislative enactments were being given effect in J&K without waiting for the constitution of the new legislature of the new UT.
Addressing a press conference here today, Singh asserted that Legislation was the prerogative of the legislature, Even the Apex Court has ruled that the power of executive to legislate was required to be used sparingly and only in emergency situations when no other alternative was available. It was, however, being observed that numerous laws were being enacted and extended to J&K without there being any pressing necessity for the same by encroaching upon those powers which, in actual practice, were the prerogative of elected Assembly.
Singh questioned the rationale behind enacting new legislation for imposing property tax in J&K if it was not to be levied as claimed by the Lt Governor. He questioned the justification for amending the Panchayati Raj Act without legislative endorsement which had the effect of dis-empowering the Chairmen of BDCs and Municipal bodies despite their elections having been conducted by the BJP govt itself. He further questioned the repeal/amendments of 138 existing J&K laws through a single executive order issued by Union Home Ministry through S.No. 1229 (E) dated March 31, 2019 without specifying the emergency involved. Likewise, several other laws continued to be extended thereafter. What then would be the role of legislature?
He said earlier during the passing of the J&K Re-organization Act in August, 2019 several changes had been made to J&K laws which included extension of 106 Central laws, repeal of 153 existing J&K laws besides retention of 166 J&K laws which was duly passed by the Parliament as fifth schedule to the said Re-organization Act. But enactment and extensions of several other laws enacted by executive and Babus subsequently without legislative approval and without there being any emergent situation was in complete contrast with the mandate the constitution.
Pointing towards the amendment in Civil Services Regulations empowering the govt to make compulsory retirements of govt employees after 22 years service or upon attaining 48 years of age, Singh said that such kind of draconian provisions were unheard in any Republican jurisprudence. Such kind of coercive measures would only demoralize the state employees, he added.
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