Proposed modifications trigger new political slugfest

Jammu, Feb 9: Ahead of the ensuing Budget session commencing on March 3, 2025, the proposed medications in the draft rules of procedure for conducting business in the J&K Legislative Assembly (LA) have triggered a new political slugfest in the Union Territory.

The latest sequence of allegations and counter-allegations began on February 4, 2025, when the Business Rules Committee of J&K Legislature met for the third time to deliberate at length the draft rules of procedure (for conducting business) in J&K LA.

Though the draft rules have not yet been finalised by the panel, which is likely to meet again on February 11, 2025, presumably for the last time, to adopt them with consensus and then send them to the Lieutenant Governor for his approval ahead of the Budget session, the leaks regarding the panel’s proposals (draft Rules) have already surcharged the political atmosphere.

Triggers were pressed by Peoples Conference (PC) supremo Sajad Lone and PDP MLA Waheed Para through their posts on the microblogging site ‘X’.

The major objection of the duo was related to the proposed omission of reference to the J&K Constitution.

In fact, through their posts, they had tried to corner their common bête-noire National Conference vis-à-vis its reiteration of the unrelenting fight to restore Article 370, ensuring the special status of J&K.

However, while striking the NC where it would have hurt it (NC) the most, they could not save themselves from vitriolic (verbal) assault by the political opponents, who hit back in equal measure; tone and tenor.

An interesting proposition is that while NC chose to hit back obliquely so far; the BJP, which is perceived as a common political enemy (by all of them including NC) or more appropriately an “untouchable” yet magical stick, which all other political parties use to brow-beat each other in J&K, too has a valid point to make, asserting its stated position.

Finding criticism (against NC) unfounded, at least on this count, it (BJP) points out that politics is being played flagging “utopian realities.”

WHAT SAJAD LONE SAID

Sajad Lone initiated this war of words through his long post on ‘X’.

“Endorsement of the draft proposal prepared by the Assembly secretariat regarding Rules of Procedure and Conduct of Business in the House will be the most explicit and unforgivable ratification of August 5, 2019 changes. It will effectively end once and for all any scope for legal challenges to 5 August changes, in the future. While we dreamt of an unambiguous resolution by the new assembly rejecting 5 August 2019, and that becoming a reference point in any future legal challenge – now we have a shocker,” he wrote, while referring to the panel’s proposed modifications.

“The same Assembly is being used to bury any such chances of legal challenges in the future. The present Assembly reflecting the will of the people of J&K, will now be remembered as the endorser not the rejector of August 5 2019. The Assembly which we thought would be the voice of people of J&K is now a shameless rubber stamp of the perpetrators of August 5 2019,” Lone wrote.

“The ruling NC-led government purposely constituted a Committee which had 7 ruling alliance members and 2 BJP members. There was no one from the Kashmir-based opposition parties or MLAs. The committee endorses all changes made on 5 August 2019. By virtue of this draft – they even take away references to the J&K Constitution and bills governing permanent residents from the Rules. Such a cruel joke at the expense of the people of Kashmir,” Sajad Lone aimed barbs at NC.

“It is a curse to be an MLA of an assembly which will be remembered for endorsing 5 August,” Lone wound up his long post, wherein he also tried to, what he said, “summarise the NC BJP covert agreement to endorse and normalise 5 August 2019” with a historical backgrounder.

His post, last edited on February 4, 2025 morning, has already garnered 8211 views since then.

WHAT WAHEED PARA SAID

Peoples Democratic Party (PDP) MLA Waheed Para too had turned to ‘X’ to aim a barb at his party’s bête-noire (NC) in Kashmir politics.

“The modified J&K Assembly business rules mark a shift from Article 370, effectively endorsing the constitutional changes of August 5, 2019. A clear acknowledgement of the new status quo,” Para had posted on the same morning i.e., February 4, 2025 morning, along with a screenshot of a news clip regarding the modifications of the Rules Committee.

“The modifications have been proposed to make the Rules in sync with the constitutional changes effected on August 5, 2019,” the news clip read, quoting “a member of the committee, who wished to remain anonymous.”

Obliquely targeting the political opponent, though Para preferred to be precise and concise yet his post gained major traction. It (post) has already received 15.3 K (thousand) views.

HOW NC REACTED WITH COUNTER-ALLEGATIONS

The National Conference, so far, has chosen not to engage with them (Lone and Para) directly on this issue yet indirectly it has subtly conveyed the message – Those who live in glass houses should not throw stones at others.

“So far, the status is that J&K Legislative Assembly Business rules have not been changed. J&K Reorganisation Act provides that the Assembly proceedings can be conducted as per existing (earlier) Rules of Business till new rules are framed. So far, old rules are in vogue as new rules have not been framed,” an MLA of the ruling party tells Greater Kashmir.

The MLA, a former minister, though wishing anonymity, further elaborated, “As far as the Business Rules Committee is concerned, we have not yet taken any final decision. So far only three meetings of the committee have taken place, if we have to study business rules, this is (just three meetings) inadequate. I don’t think that there will be any change during the (ensuing budget) session. As regards references to the J&K Constitution are concerned, it does not exist. Does it? Obviously, that will have to be removed.”

“Now coming to criticism, why did they (Lone, Para and others) not object or raise a voice when it (J&K Constitution) was actually repealed? Later, all elected MLAs, including Sajad Lone Sahib and PDP MLAs took oath under the Indian Constitution only. They should have refused to take oath under the Indian Constitution then. They should have insisted that they should be administered oath under J&K Constitution,” he throws a counter-question.

HOW BJP PERCEIVES THIS SLUGFEST

Meanwhile, the BJP, though presently a fence-sitter in this slugfest, too has a point to make. For a change, it also comes out with the same rallying point (as that of NC) to flag, what it says, “unfounded criticism.”

“Yes, following recently culminated assembly elections, all J&K MLAs had taken oath under the Constitution of India and not J&K Constitution,” says BJP MLA, R S Pathania, who is also a member of the Business Rules Committee.

While giving his take on the entire controversy, he shares another intriguing point.

“But the J&K Assembly Rules of Procedure have no provision with regard to administering an oath under Indian constitution. J&K Assembly Rules of Procedure had a provision to conduct (administer) oath under the J&K Constitution only. However, Section 46(2) says that any modification or adaptation, the Speaker can conduct,” Pathania mentions.

“Even if that provision is not there, the law does not lead anybody to a dead end. This means that the law does not contemplate a situation which leads to a dead end. This is a dead end, that is an assembly has been elected; J&K Constitution does not exist and Assembly Rules of Procedure don’t contemplate for administering of an oath under the Indian Constitution,” he explains.

Further elaborating on this point, BJP MLA says, “So the present scenario is – we will have to go by the existing laws. Presently J&K UT is being governed in essence with the J&K Reorganisation Act. So the criticism, though of course, their target is NC and not BJP, is unfounded. In reality, facts cannot be overlooked. They (Lone and Para), themselves, have taken oath under Indian Constitution.”

In fact, he comes out in a stronger manner than NC as he dares, “Let them declare that their oath is invalid and so is their membership (in Legislative Assembly). They are objecting to it now. Why have they not objected to it, while taking oath? Why did they take oath under the Indian Constitution?”

“Another point is – even if the Speaker J&K Legislative Assembly has not expressly put in a provision but once he has convened a session for conduct of administering oath that means that the adaptations and modifications are deemed to have taken place. They (those opposing omission of J&K Constitution in draft) cannot blow hot and cold in the same breath,” Pathania says.

“Reality remains the same: J&K is a Union Territory where the J&K Constitution does not exist; The Governor is not there (it is Lieutenant Governor). The Upper House (Legislative Council) is not there. So there is no case of “Joint Select Committee” or “Joint Session of Legislature”. One has to accept clear facts. We cannot do politics on it. Politics should be realistic. Their politics is sounding utopian and deceptive,” BJP MLA points out.