Dead Legislative Council invoked to question J&K’s re-organisation
UMER MAQBOOL. Updated: 1/24/2020 9:25:22 AM
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SRINAGAR: The J&K Legislative Council may be no more but its existence before October 31 has been invoked to challenge the re-organisation of Jammu & Kashmir.
One of the grounds invoked by several petitioners to question bifurcation of J&K is why the views of Legislative Council were not sought when it is mandatory under the constitution of India to seek views of legislature of a state affected by re-organisation proposal.
“It is pertinent to point out that although the Legislative Assembly in the State is dissolved, the Legislative Council is still functioning and there has been no attempt whatsoever to call for a session of the Legislative Council to take its view on this matter,” reads a petition filed in the Apex Court to challenge re-organisation of J&K.
The Legislative Council, which was part of bi-cameral legislature of the erstwhile J&K State, was existing on August 5 and 6 when the Parliament approved a bill to bifurcate J&K into two UTs.
Article 3 of the Constitution of India clearly says that the views of the state legislature shall be taken by the President before recommending for changing the boundary of a state.
The Legislative Assembly, which was part of J&K legislature, stood dissolved when J&K was bifurcated.
It was dissolved on November 21, 2018 by Governor Satya Pal Malik citing “horse-trading and possible exchange of money” to get the support of legislators.
The LC was abolished on October 31, 2019 when J&K and Ladakh UTs commenced functioning as separate territorial entities.
“Notwithstanding anything to the contrary contained in any law, document, judgment, ordinance, rule, regulation or notification, on and from the appointed day, the Legislative Council of the existing State of Jammu and Kashmir shall stand abolished,” reads section 57 of the Re-organisation Act.
The incumbent MLCs also ceased to be members of the House from October 31 onwards.
The 36–member House had 22 members when it was abolished by virtue of the J&K Re-organisation Act.
The law-making House was established in 1957 by J&K’s Constituent Assembly. Under Indira- Abdullah accord, its composition could not be changed without Centre’s assent.
Updated On 1/24/2020 9:41:23 AM