Ramesh Mehta
Since , December 31, 2005, the date of my retirement from the post of Secretary, J&K Academy of Art, Culture and Languages (JKAACL) I have never visited the office of the Academy and also never interfered in its working of the intuition at any level but the recent controversy on Constitution of Academy viz a viz Central committee once again invited my attention towards the autonomy of this premier institution.
It was a news story titled ” Decisions by Central Committee of JKAACL qualify to be null and void-CM kept in dark over required quorum for meeting” appeared in the Daily Excelsior on 14thOctober, 2016 which prompted me to place the factual position before the readers of DE regarding the Constitutional provision whereby various committees including Central Committee of the Academy are constituted.
In the above said addition , the ‘Daily Excelsior’ reported that the major decisions taken by the high-powered Central Committee of the Jammu Kashmir Academy of Art, Culture and Languages (JKAACL) held on 3rd of October 2016 under the Chairmanship of Ms Mehbooba Mufti who is a also the President of JKAACL , qualify to be rendered as null and void as said meeting of the apex decision making body, did not form the quorum of 5 members and thus had no legitimacy . It’s reported in the story that the meeting was short of at least two members as none other than the Chief Minister Mehbooba Mufti, Secretary JKAACL Aziz Hajini and Financial Advisor of JKAACL (Commissioner Secretary Finance) Navin K Chaudhary), are members of the Central Committee.
However, I was intrigued to read the following comment published in Daily Excelsior on 14th October, 2016 , page 15, which reads, “Further Hajini has claimed that Central Committee meeting on October 4, did not lack the quorum since Administrative Secretary Information Department, Administrative Secretary Department of Culture and noted journalist Mohammed Sayeed Malik were nominated as members in terms of Government notification dated ; 11-12-2015.”
This clarification raises more questions than it answers.
In the first place it may be noted that Article 12 (v), dealing with formation of General Council, provides that six persons are to be nominated by the Government of Jammu and Kashmir of whom one shall be from the Department of Information and one from the Department of Education. This clearly implies that the four members to be nominated besides the representatives of Information and Education are to be private members , say writers and artists. Now, the question begging answer is whether an amendment had been incorporated in the Academy Constitution where under the word “Education” has been substituted by the word “Culture” to make the Administrative Secretary Culture bonafide member of the GC or is it that Administrative Secretary Culture has been inducted into the General Council from among the four persons to be nominated by the Government. Perusal of Academy Constitution placed on the official website of Academy (www.jkculture.nic.in) makes no mention of replacement of the word ‘Education’ with the word ‘Cullture’. In case the amendment has not been carried out and Administrative Secretary Culture has been nominated in place of Administrative Secretary, Education then it is illegal in the eyes of law. Supposing, it is not the case and Administrative Secretary Culture has been nominated from among the four persons to be nominated by the Government then it makes mockery of the Autonomy of the Academy as nominations under this article tilt heavily towards Government functionaries, giving thereby more say to Government in the matters of running of the affairs of the Academy as compared to the writers and artists. It becomes all the more evident from the nominations made by the Government, vide reported notification dated 11-12-2015, to the Central Committee of the Academy in pursuance to Article 15 (v) of the Academy Constitution. Out of three nominees two are from Government tilting the balance heavily in favour of the Government.
This position is contrary to the position taken by the founding fathers of the Constitution of Jammu and Kashmir and the framers of Academy Constitution (SRO 340 dated : 14th August, 1963). It may be interesting to note that besides PSC and High Court of Jammu and Kashmir, JKAACL is the only Institution which has been set up in accordance with the provisions (section 146 ) of the Jammu and Kashmir Constitution. It has been declared as autonomous corporate body vide Article 3 (a) of SRO 340 dated : 14th August, 1963. It clearly implies that framers of the Academy Constitution wanted the affairs of the Academy to be run independent of Government control. This provision has been given a go by if you look at the attendance roll of the Central Committee meeting held on October 3/4, 2016 in which not a single private member, (read writer or artist) was present. Therefore, the meeting looks more like a meeting of a Government department than an autonomous corporate body.
Now, let us look at the formation of various Committees and nomination/ election of members to them. Article 12 (vi) reads that “One person to represent each of the following languages and arts :-
a. Urdu
b. Hindi
c. Kashmiri
d. Dogri
e. Punjabi
f. Ladakhi
g. Such other language or languages as may be specified in this behalf by the Academy; and
(h) Painting and Plastic Arts.
(i) Hindustani Music,
(j) Soofiana Kalam.
(k) Dance.
(1) Kashmiri Folk Music, (m) Dogri Folk Music, (n) Ladakhi Music, and
(o) Drama.
Provided that such representatives shall be nominated by the Central Committee who shall in so doing take into account the persons recommended by the literary ,art and cultural associations or organisations in the field of music, dance and drama etc. recognised by the Academy for the purpose, as provided in the rules made therefor.”
On inquiry, it has been revealed that no recommendations have been called from very organizations. If it is so, then again it is proved that the whole process has been given short shrift.
As regards exclusion of Dogri, which is second major language of the State and having been included in 8th Schedule of Indian Constitution has attained National recognition, is concerned, it may be stated that its exclusion may be legally correct but it is politically incorrect. Secretary Academy is supposed to aid and advise the President and various committees keeping in view various factors in mind. It is well known in the literary and artistic circles that meetings of the General Council generally do not take place and that all the decisions are being taken either by the Central Committee or the President. Hence, the grouse of Dogri Sanstha appears to be well founded as Dogari has been shunted out from the decision making process from the very first meeting of the Central Committee.
The President of JKAACL, Hon’ble Chief Minister, will do great service to the august Institution by ensuring that JKAACL is run strictly according to the provisions of the Academy Constitution maintaining its autonomous character, and giving more say to writers/ Artists in running its affairs than that to Government functionaries. Secretary JKAACL will also be well advised to read the spirit of the Academy Constitution thoroughly to save the President and himself from such kind of avoidable controversies in future.
(Ramesh Mehta can be mailed at : mehta1947@gmail.com)
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