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news details
Stand of 'The Northlines' on legality of JKLA Speaker's continuation vindicated
11/17/2019 10:45:19 PM
Early Times Report
Jammu, Nov 17: By issuing a formal order with regard to the status of the office of Speaker of erstwhile Jammu & Kashmir Legislative Assembly (JKLA), the Jammu & Kashmir government finally puts on hold the prevailing uncertainty over the matter.
The order issued by the Department of Law, Justice and Parliamentary Affairs, J&K government stated that Dr Nirmal Singh was no more Speaker of the Legislative Assembly after reorganization of the State into Union Territories of J&K and Ladakh with effect from October 31, 2019.
But the state government acted not before the constitutional, technical and legal aspects of the issue were brought to forefront by English daily, 'The Northlines'. The newspaper in its November8, 2019 issue had pointed out that how Dr Nirmal Singh is still holding the office of the Speaker of the erstwhile Legislative Assembly of Jammu and Kashmir after the J&K State and its Legislative Assembly ceased to exist with the extinction of state of Jammu and Kashmir on and after October 31, 2019.
The news item carried by 'The Northlines' said that, "Sub-section 2 (c) of Section 19 of J&K Reorganization Act cannot come to the rescue of the Speaker of erstwhile Legislative Assembly as statutorily the Assembly of J&K UT cannot be a successor of the former state Assembly. Moreover, all the provisions/sections relating to the Legislative Assembly of J&K UT stand suspended by the presidential order dated 31st October, 2019."
The notification with regard to Dr Nirmal Singh's discontinuation as Speaker of J&K Legislative Assembly was issued after the matter was thoroughly examined by the Department in consultation with the Advocate General of the Union Territory of Jammu and Kashmir.
"The legal position, which has emerged is that the Speaker of the Legislative Assembly of the erstwhile State of J&K cannot hold the said office after the reorganization of the State into the Union Territory of J&K and Union Territory of Ladakh with effect from 31-10-2019," read the notification.
It is in place to mention here that Dr Nirmal Singh claimed to have continued as Speaker of the Legislative Assembly and reviewed the functioning of Assembly Secretariat on opening day of the Civil Secretariat at Jammu on November 4, however, his persistence to hold the office of the Speaker after reorganization of the J&K State, several opposition parties criticized him for the same.
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