Business Rules in LA: Panel to meet on Jan 7 to deliberate on J&K Reorganisation Act, UT models

Jammu, Jan 4: Rules Committee, constituted to draft rules of procedure for conducting business in the Legislative Assembly, will convene its second meeting on January 7 to deliberate on different provisions of UT models, besides J&K Reorganisation Act.

As per official sources, the meeting will take place at 11.30 am in the office chamber of Speaker Abdul Rahim Rather, the ex-officio chairman of the panel, at Legislature complex, Jammu.

“During the first meeting, the members were asked to study thoroughly the provisions of J&K Reorganisation Act and different UT models, with particular focus on Puducherry and Delhi. In the second meeting, the members will deliberate on various provisions from the related Acts,” sources added.

If J&K UT status is based on the Puducherry model, how other models can be helpful in framing rules, in response to this query, official sources explained, “There is no compulsion... if we go by bare reading of different provisions. There’s no straight (strait) jacket formula that J&K is supposed to follow - only the Puducherry model. There is only one constitutional provision Article 239 (AA), applicable to Puducherry, will be applicable to J&K as well. But J&K, not necessarily, is bound to follow the Puducherry model. The latter (Puducherry model) strictly relates to ministry formation only.”

“Sub-Clause 2 of Section 46, which governs Assembly Rules of Procedure (under J&K Reorganisation Act) is vey categorical on this account. Sub clause 2 of Section 45 provides that we can function as per existing (earlier) rules till new rules of procedure are not framed. (Existing) Rules of Procedure refer to “State Constitution” at many places, which though does not exist now. Similarly, they refer to J&K as “State” which is now a UT. These infirmities have to be removed,” sources pointed out.

“Lastly, the J&K assembly is the most empowered (as per existing rules) as it has all provisions related to privileges. So focus will be to formulate or create a new model by amalgamating all such provisions and keeping in view prevailing J&K situation,” sources stated.

“Why should we imitate Puducherry or Delhi models? And more importantly we are not bound to imitate or adopt them,” sources asserted.

Further elaborating on this account, one of the members of the Panel and BJP MLA, R S Pathania told Greater Kashmir, “Article 239A provides a constitutional basis for governance in UTs with legislatures (like Puducherry), its application to J&K (via Section 13 of the J&K Reorganisation Act) allows flexibility for the assembly to craft rules suited to its unique requirements.”

“But, J&K is not bound to replicate the Puducherry model; it can innovate based on local needs. Section 46(2) of the J&K Reorganisation Act, 2019 states that the Legislative Assembly of J&K will frame its own rules of procedure and in the interim, the existing assembly rules of J&K (from its statehood days) can serve as a foundation,” he points out.

Underlining the need for new Rules of Procedure, Pathania stated, “The existing rules may contain numerous references to the erstwhile “State of Jammu and Kashmir” and its now-defunct Constitution. These references must be aligned with the current status of J&K as a Union Territory under the Indian Constitution.”

Explaining the legislative intent and mandate, BJP MLA stated, “The reorganization into a Union Territory brings a mandate for modernized and streamlined governance. A fresh set of rules would reflect the legislative intent to adapt to new governance structures and address contemporary needs. The new rules should account for the unique socio-political and cultural landscape of J&K.”

Regarding the approach to framing the rules, he too emphasised the need to study existing frameworks. “We will have to analyze parliamentary rules, rules of procedure from other states and UTs and the previous J&K assembly rules. Focus will be to identify best practices while ensuring they are adaptable to J&K’s context. Panel will engage with local stakeholders, legislators and experts to integrate regional priorities besides addressing key issues like security, public order and developmental challenges specific to J&K,” Pathania said. “Borderline will be to align the rules with the provisions of the Indian Constitution and the J&K Reorganisation Act, 2019,” he added.

Earlier in its maiden meeting on January 1, some of members of Rules Committee had apprehended that the exercise taken up to frame rules within UT set up would curtail powers of the Speaker and the MLAs. It was also suggested that the exercise to frame rules should be paused till the restoration of statehood. Yet the final stance emerged during the meeting was that framing of rules could not be put to the backburner for long as for the past five years or so, entire administrative functioning was being pursued under the J&K Reorganisation Act.

The maiden meeting chaired by Speaker was attended by four, out of eight, members of the committee viz., former Speaker Mubarak Gul (NC); Mohammad Yousuf Tarigami (CPI-M); Nizam-ud-Din Bhat (Congress) and Pawan Kumar Gupta (BJP). This nine-member panel was announced on December 24, 2024 by the Speaker, in exercise of the powers conferred by Rule 363 of the Rules of Procedure and Conduct of Business in the Jammu and Kashmir Legislative Assembly.

Committee has been asked to finalise the draft Rules of Procedure and Conduct of Business in the Jammu and Kashmir Legislative Assembly, prior to the commencement of the ensuing Budget session. Eight MLAs nominated for the panel also included Saifullah Mir (NC); Justice (retired) Hasnain Masoodi (NC), Ranbir Singh Pathania (BJP) and Muzaffar Iqbal Khan, (independent).