Private bills become political bargaining chip in J&K Rajya Sabha battle

Srinagar, Oct 17: As Jammu and Kashmir heads into the Rajya Sabha elections on October 24, political negotiations are in full swing.

The National Conference (NC) appears comfortably placed in three of the four Upper House seats by virtue of its numbers in the Assembly, while the fourth remains open, turning the People’s Democratic Party (PDP), led by Mehbooba Mufti, into a potential kingmaker.

Mehbooba has made it clear that her party’s support to the NC will depend on whether NC agrees to back two Private Member’s Bills – the Land Rights Bill and the Regularisation of Daily Wagers Bill - that PDP intends to introduce in the upcoming Assembly session.

Both are politically significant proposals touching on livelihood and ownership issues that affect thousands across Jammu and Kashmir.

The Land Rights Bill seeks to provide ownership or long-term lease rights to people occupying State land for decades and to safeguard residents against eviction drives carried out under post-2019 land law changes.

The Regularisation of Daily Wagers Bill aims to provide job security and service benefits to thousands of daily wagers, contractual workers, and casual employees working in different government departments.

For years, these workers have been agitating for regularisation, and the PDP’s move positions itself as their legislative voice.

In the upcoming Rajya Sabha polls, each seat requires a specific number of votes depending on the voting formula.

With the J&K Legislative Assembly’s effective strength at 88, candidates for a single seat need around 45 votes to win, while in the two-seat election, around 29 votes per seat are needed.

The NC has fielded four candidates – Choudhary Muhammad Ramzan, Sajad Ahmad Kichloo, Shammi Oberoi, and Imran Nabi Dar - while the BJP has nominated Sat Sharma, Ali Muhammad Mir, and Rakesh Mahajan.

The first three seats are almost certain to be shared between the NC and BJP, but the fourth seat is expected to be a tight contest where Mehbooba’s small bloc of votes could tilt the balance.

By linking her support to the NC’s endorsement of her private bills, Mehbooba is using legislative tools to extract political concessions.

But what exactly are Private Members’ Bills, and why are they rarely passed?

Private Members’ Bills are proposed laws introduced by legislators who are not part of the government (not ministers).

They allow non-executive members to bring issues of public interest before the house.

These bills are typically introduced on Fridays, which are reserved for ‘Private Members’ Business.”

Before introduction, a legislator must give at least one month’s notice and obtain the Speaker’s permission.

The bill is then listed for introduction and, if permitted, for debate and voting.

However, the process is heavily tilted in favour of government business.

Priority is given to government bills, and time for private members’ legislation is limited.

Many private bills lapse without debate when sessions are adjourned or dissolved.

Furthermore, if a bill involves expenditure from the Consolidated Fund of India or requires executive action, it cannot proceed without prior approval from the President or the Governor.

Historically, very few Private Members’ Bills have ever become law in India.

Since 1952, over 14,000 such bills have been introduced in Parliament, but only 14 have been passed.

The last successful one was in 1970 – the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Bill, piloted by a private member.

The rare success stories include the Indian Penal Code (Amendment) Bill of 1953, which made bigamy an offence, and the Proceedings of Legislature (Protection of Publication) Bill of 1956.

In J&K, the story is no different.

Since 1980, only three Private Members’ Bills have made it into law — the Resettlement Act (1982), the Muslim Personal Law (Shariat) Application Act (2007), and a small amendment to municipal governance laws.

Assembly records show that more than 30 private bills are pending, many relating to social welfare, employment, and land rights.

Yet, only 10 to 12 are expected to even be discussed in the special “private business” session scheduled for October 28.

Experts say this poor record reflects the executive dominance over the legislative process.

They explain that governments often discourage private bills because their passage would imply credit going to opposition or independent legislators.

Instead, when an idea gains traction, governments typically introduce their own version to claim authorship.

In that context, Mehbooba’s insistence on linking her support to private bills serves a dual purpose.

It allows her to reclaim legislative visibility after years of political marginalisation.

Whether or not the bills pass, the demand pushes the debate toward governance, livelihood, and land security – issues that resonate widely across J&K.

Thus, the October 24 Rajya Sabha election has become more than just a numbers game.

It is now a test of how far legislative politics in J&K can evolve beyond power arithmetic.

For the NC, it will test its ability to manage alliances while maintaining its political dominance.

For the PDP, it is a chance to translate symbolic legislative moves into political capital.