Para moves privilege motion against CS, Law Secy

SRINAGAR, Sept 30: PDP MLA Waheed Para on Wednesday submitted a privilege motion in the assembly against the Jammu and Kashmir chief secretary and law secretary for their "role and conduct" in "questioning" the statehood resolution brought by Chief Minister Omar Abdullah.

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"I hereby give notice of my intention to move a Motion of Privilege against the Chief Secretary and Law Secretary, JK, in view of the concerns placed on record by the Chief Minister regarding the role and conduct of the two senior officers in questioning the contents and language of a resolution of this House," Para said in the motion submitted to the Speaker.

The resolution was passed by the assembly on Monday.

However, during the debate on the resolution, the chief minister cited severe bureaucratic overreach and pointed out that the Assembly Speaker had received an opinion from the Chief Secretary and the law secretary over the resolution.

"The Speaker has received an opinion from the Law Department over the resolution. As law minister I have no information, law secretary has sent an opinion to you (speaker). Chief secretary has also sent you an opinion on the resolution. But, I am not aware. This can only happen in a UT, not a state," Abdullah said.

In his motion, Para said the power of an elected Legislature to initiate, deliberate upon, amend and adopt resolutions is a core parliamentary function.

"While officers are entitled to provide administrative or legal advice to the Government within the scope of their duties, such advice cannot be permitted to become an instrument for questioning, constraining or intruding upon the legislative privileges and authority of this House," he said.

The PDP MLA from Pulwama, in south Kashmir, said if the facts stated by the 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 un-elected 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," he said.

Para added that he was invoking the privilege jurisdiction of the House to ensure that the dignity and constitutional authority of the Legislature are protected. (PTI)