Like our Facebook Page

Early Times Newspaper Jammu, Leading Newspaper Jammu
Breaking News :   LeT militant surrenders before police | Panchayat members' stir likely to prove counter-productive for BJP | 'Third front' in talks with ousted PDP leader on 'secret alliance' | Muzaffar Beigh suddenly falls silent, prefers oblivion over limelight | J&K Reorganization: Corruption cases to be settled in 2 years | Black Scorpio of GMC Jammu goes missing? | PHE deptt's proposal to switch over to digital format takes a hit due to suspension of internet | Repeated complaints of ARTO's, RTO's against vendor affixing HSRP, fall on deaf ears | Applicant denied information even after one month | J&K UT govt Invoke Central Prisoners Act to Declare Subsidiary Jail | J&K LG bats for increasing fleet, frequency of JKRTC buses for public convenience | Jammu needs to fight discrimination, injustice: Munish tells people | Will distribute my salary among needy' | High reaches receive snow, rain in plains in Kashmir, Drass coldest | Highway connecting Ladakh with Kashmir closed for winter | KP Migrant flats at Jagati in shambles | DB takes serious not of failure to reconstitute CC, DCFs | All Srinagar-bound flights cancelled from Jammu Airport | Over 57,000 acres of land identified for setting up industrial estates in J&K | Locals in Kathua say houses damaged in heavy mortar shelling from Pak | Govt orders transfers, postings in administration | Traffic Police Jammu issue notices to violators at residential address | Congregation of litterateur stalwarts under 'Yayavar Fest' in Jammu on Dec 14 | Vijay Diwas continues as Indian Army successfully defeats all evil intentions of Pakistan | JK Advocate's strike Unconstitutional | Naturopathy - a system of medicine based on the healing power of nature | Saffron tiger turns toothless | MPDA appeals LG to intervene into development of Transport Nagar | Sarpanches, Panches without salary for last 8 months | CRPF troops moved to Northeast from Kashmir | BSF, police launch 'joint search ops' to sanitise areas along IB in Samba | JKNPP alleges BJP of cheating people over domicile law | Madhu Param Hans delivers religious sermons | 2-Day 'orientation and best practices' workshop on Himayat concludes | Rich tributes paid to warrior General Zorawar Singh | Vision Jammu organizes one day awareness | JK ST/SC/OBC Development Board Corporation Limited organizes awareness camp | District level task force committee reviews PMEGP loan cases | NCP student wing celebrates chief's birthday | Agri deptt organizes training programme for farmers | JK Rashtarbhasha Parchar Samiti releases two Hindi Novels | DC Reasi inaugurates 2-day science exhibition | District Administration Doda organises a cycle rally for promotion of BBBP | Mayor Starts Development works in Jammu City | ReT deputation calls on ZEO Ramnagar | Poppy straw recovered from truck in Reasi, driver escapes | DC Poonch inaugurates Science Exhibition | Demand for Sixth Schedule is politically motivated: Parneesh Mahajan | FC reviews proposal regarding quality improvement in JK schools | Pluralistic ethos of Jammu Kashmir to be a beacon for generations to come: Advisor Sharma | Tehsildar retrieved 39 Kanals prime state land in Jammu West | BJP leaders celebrate passing of CAB at Vijaypur | JMC seals structure at Gandhi Nagar | District Administration establishes Internet Facilitation Centre at Old Hospital Rajouri | Transformer at Chikriban area lying defunct last 45 days | Govt faces loss to exchequer due to non coordination deptts | Cong protest against CAB an act of desperation: Brig Gupta | Sarovar Hotels announces its second hotel in JK | Agriculture Department pays tribute to Bawa Jitto | DF&SS hails passing of Citizen Amendment Bill 2019 | BJP Celebrates Passage of Citizenship Amendment Bill | Quarterfinals line up drawn in 65th National School games U-17 Boys Volleyball | School Education Deptt organises Kala Utsav 2019 at Jammu | Vishal Cricket Club ,Horizon Club registers win in J&K UT T20 Friendship Championship | Annual Sports, Academic & Cultural Meet inaugurated at ASCOMS | Students of ALLEN tops intertnational Junior Science Olumpaid 2019 | DPS Nagbani holds creative writing competition | JSS student selected for Karate championship | Dwivedi reviews progress on Forest deptt projects taken up under CSSs, CAPEX budget | Back Issues  
news details
JKNPP terms Speaker's continuation as unconstitutional
11/13/2019 9:26:18 PM
Early Times Report
Jammu, Nov 13: Questioning the locus of the J&K State Assembly Speaker to continue to hold the office even after dissolution of State and its division into two Union territories, Jammu and Kashmir National Panthers Party (JKNPP) leader Harsh Dev Singh described the novice proposition as an insult to Constitution and the prevalent laws.
He said that with the abrogation of Article 370 and Article 35 A, the J&K Constitution had ceased to exist. And the Re-organization Act enforced on 31st October had bifurcated the existing State into Two Union Territories of J&K and Ladakh respectively.
The Speaker therefore, elected by the State legislature couldn't continue to hold office in the Union territory which was a new creation under the 2019 Reorganization Act.
"Even otherwise the Speaker was elected under Part VI of J&K Constitution as per the procedure laid down in Section 57 of the said Constitution which categorically described Speaker as an officer of State legislature. And since State legislature had been abolished by virtue of an Act of Parliament, the continuance of the Speaker in the name of the proposed legislative Assembly of the new UT was a completely ludicrous proposition.
He said that the Speaker of a dissolved Assembly of a State can continue provided the State itself continues to exist which is not the case in the new set up", said Harsh while describing the continuance of Speaker after October 31 as void and unconstitutional.
Pointing further towards Section 19 of the J&K Reorganization Act, Harsh Dev Singh said that it categorically pointed out that Speaker and Deputy Speaker of legislative Assembly of UT of J&K shall be elected by the members of the said Assembly which was yet to be constituted.
And Section 19(2) further states that "a member holding office as Speaker shall vacate his office if he ceases to be a member of the Assembly", revealed Singh. Under such circumstances the continuance of Speaker defied all logic and rationale besides being violative of the Constitution and the provisions encapsulated in J&K Re-organization Act.
Alleging brazen defiance of rule of law and Constitutional provisions by the helmsman in J&K so as to favour the ruling party men, the NPP Chairman said that growing public unrest and alienation was largely the outcome of such totalitarian and unconstitutional moves of the government.
He said several officers owing allegiance to ruling party had been given extensions arbitrarily by the present government and wondered whether the Speaker was also allowed to continue under the same arrangement in view of his non entitlement for the said office under the prevalent laws.
Asserting that Constitution and democratic values had been held hostage by an autocratic regime in J&K, the NPP Chairman sought the personal indulgence of the President of India, as Constitutional head of the Nation, to save democracy and rule of law in the State.
Surinder Chouhan District President Jammu (Rural) was also present in the press conference.
  Share This News with Your Friends on Social Network  
  Comment on this Story  
Early Times Android App
BSE Sensex
NSE Nifty
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
J&K Govt. Official website
Jammu Kashmir Tourism
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
Train Enquiry
Jammu Kashmir Bank
State Bank of India
Passport Department
Income Tax Department
IT Education
Web Site Design Services
Jammu University
Jammu University Results
Kashmir University
IGNOU Jammu Center