LA Rules Committee to focus on removal of anomalies

Jammu, Jan 7: Rules Committee, constituted to draft rules of procedure for conducting business in the J&K Legislative Assembly, will focus on removing anomalies in the existing rules in the first instance as framing new rules remains the exclusive domain of the Lieutenant Governor.

This impression emerged out of deliberations of the Speaker-led Rules Committee which met on Tuesday.

“During meeting it was impressed upon that the rules making power is the exclusive domain or say prerogative of the Lieutenant Governor as per Section 46(1). But Section 46(2) says that in case new rules are not framed, the Speaker may continue with the old rules but with certain modifications and adaptations, as may be necessary,” sources stated.

“So the (Rules) Committee’s domain is only to do certain modifications and adaptations in the existing rules as rule-making power is the exclusive domain of the Lieutenant Governor in consultation with the Speaker, as per law. Minor adaptations or modifications will be like - there is reference to the Constitution of Jammu and Kashmir, which does not exist; there is reference to the Governor, again this does not exist,” sources pointed out.

“Similarly, there are references to the Joint Select Committee, but J&K has now a unicameral House and not bicameral House. So there can be no Joint Select Committee. There cannot be a joint session of the House also, so these anomalies, the Rules Committee will be removing in the first instance,” sources stated.

As per sources, as far as framing the Rules of Procedure is concerned, it is supposed that the Lieutenant Governor will initiate the process.

“As per Rule 363 of Assembly Rules of Procedure, this committee has been constituted. Once the process (by LG) is done, under Rule 364, new draft Rules go to the House, which approves them and then the Speaker gives an assent,” sources pointed out.

One of the members of the Committee, BJP MLA R S Pathania, while speaking to Greater Kashmir, said, “In stage one, we are doing only minor adaptations and modifications only. As per Section 46(2), the domain is adaptation and modification and we’ll be doing it. Three main modifications besides all allied modifications, we will be taking care of. We will be going by Assembly Rules of Procedure till new rules are framed or say the process for framing new rules is initiated by the Lieutenant Governor.”

Next meeting is likely to be scheduled on January 13 or 14.

Today, except independent MLA Muzaffar Iqbal Khan, all members were there.

Nine-member panel was announced on December 24, 2024 by the Speaker, in exercise of the powers conferred by Rule 363 of the Rules