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| Let NC led Govt avoid stooping like centre not to conquer | | Effective Lokpal | | Early Times Report
Jammu, Aug 24: As is expected the Congress led UPA Government may ultimately concede major demands of the Anna team as far as its Lokpal bill is concerned but will this Lokpal,after its adoption by the Parliament, be applicable to the state of Jammu and Kashmir? It cannot be extended to the state of Jammu and Kashmir without the concurrence of the state legislature.
Direct application of any central law to Jammu and Kashmir stands restricted under the provisions of Article 370, which gives to the state a special status within the union of India.It was because of this restriction that the state of Jammu and Kashmir has its separate RTI Act and anti-defection law.
During the last over 40 years several hundred central laws were extended to Jammu and Kashmir after they received concurrence from the state legislature. In various cases the central laws were made applicable in Jammu and Kashmir through a Governor's proclamation and these proclamations were later ratified or amended by the state legislature.
And invariably the centre has seen to it that its people-friendly laws were extended to Jammu and Kashmir. Application of central laws, over the years, to Jammu and Kashmir has been, at times,a necessesity.It is in this context that the centre has not so far conceded the demand of the National Conference which wanted restoration of autonomy or restoration of pre-1953 status to the state.
NC's autonomy resolution favours scrapping of various central laws that have been extended to the state.The centre has also slept over the 's demand for self-rule in Jammu and Kashmir because it too wants most of the central laws extended to the state to be repealed.
Hence if the centre adopted the Lokpal bill it has to await concurrence from the state legislature before it was made applicable to Jammu an Kashmir.
Apart from this one main question has cropped up.Does Jammu and Kashmir requires a Lokpal after the establishment of the State Accountability Commission ?The Commission,after the recent amendment,has the powers to probe complaints of corruption against chief Minister,ministers,Speaker and deputy spaker of the state Assembly,chairman and deputy chairman of the Legislative Council,legislators,heads of corporations and advisers to the Government.
On its face the SAC is as good as the proposed Lokpal.And as far as the Government employees are concerned the Government needs to establish a new body,comprising academicians,jurists and social scientists of known integrity and honesty because people do not have much faith in the Vigilance Commission.
However,if the civil society activists and opposition leaders campaign for central Lokpal for Jammu and Kashmir the Government can adopt either of the two courses.The state Government can either allow application of the central Lokpal Act to Jammu and Kashmir after concurrence from the state legislature or the very Act can be made applicable to the state after amending the central Act as was done in case of the Anti-defection law and the RTI Act.
The National Conference led Government has to initiate masures for dealing firmly with corruption and corrupt practices before it is forced to stoop,like the Congress led UPA Government,not to conquer. |
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