JAMMU, Nov 15: Asserting that a serious illegality has been committed by the J&K Government in winding-up seven State Commissions functional in J&K Union Territory (UT) prior to October 31, 2019, Harshdev Singh, chairman JKNPP said that J&K administration stood exposed for its intellectual bankruptcy.
In a press conference here today JKNPP leader said, GAD’s order dated October 23, 2019 disbanding seven State Commissions was not only unlawful but violative of the order and clarifications issued by the President of India through Difficulties Removal Order (DRO).
Expressing dismay over the “appallingly whimsical” move of J&K Government in winding-up the seven statutory bodies, Singh observed that the said order had brazenly defied and circumvented provisions of J&K Reorganization Act and the appurtenant DRO-2019.
Explaining his point further, Harshdev said that DRO-2019 which was published by the GoI in Gazette Extraordinary on October 30, 2019 had issued several clarifications for Removal of Difficulties in the implementation of Reorganization Act which included a reference to the statutory bodies created and operational prior to the passing of Reorganization Act. He revealed that Clause (17) of the said order categorically stated that all such bodies which were functional before the appointed date i.e. October 31, 2019 shall continue to function till they were replaced by new bodies constituted under the new rules and all proceedings undertaken by them even after the appointed date shall be deemed to be valid and operative. The relevant Clause reads “Any authority constituted under any law in the existing State of J&K immediately in force before the appointed day shall be deemed to have been constituted under the corresponding provisions of the Central laws applicable to the Union Territory of J&K and the Union Territory of Ladakh, until a new authority is constituted under the law applicable to the UT of J&K or the UT of Ladakh, as the case may be, any proceedings initiated or action taken by such authority, shall for the purposes be deemed to be valid and operative.”
Harshdev also said that it was amazing to note that the authorities wound-up seven Commissions vide a GAD order issued on October 23, 2019 without waiting for clarification issued by Union Ministry of Home Affairs through the gazette notification on October 30, 2019.