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Assertion of Regional identity and political empowerment
Verdict 2014
M.M.Khajooria1/2/2015 11:25:24 PM
Jammu and Kashmir Assembly elections-2014 have thrown
up a some what uniquely fractured verdict- the kind of which was never witnessed before. Jammu region massively voted for BJP, the campaign being personally and aggressively led by Prime Minister Modi. The votes for Mission 44+, the bid to form a BJP government in Jammu & Kashmir on its own, were sought by him personally or in his name. He undertook to be their carporator, MLA as well as the MP - all rolled in one . The merits of the candidates were declared irrelevant. Kashmir region , on the other hand consciously, determinedly and solidly voted against Modi .
The Ladakh region rejected all the three major parties, PDP, NC, and BJP and embraced the congress. party .An unprecedented stalemate prevailed in the process of government formation. Political parties and analysts ,vast majority of whom appeared to have sold their souls, were interpreting the verdict to suit their own or their patrons propaganda. They were in the business of government formation, which had actually degenerated into a lucrative business. Yes, it was their business and they were welcome to get on with it. On my part, I wish to avoid any comment which may be taken even remotely as partisan and would have my say only after a government was formed ,the Governors' rule was imposed or may be fresh elections were ordered in due course.
The massive swing of Jammu votes in favour of Prime Minister Modi ( read BJP) was significantly influenced by the consistent failure of the Congress party in which Jammu had placed trust for decades to secure for them their share of political power and recognition of their distinct identity .The party appeared to have taken their support for granted and did not even make a token effort in this behalf. So they decided to and did punish the party. The Jammu voters verdict-2014 unequivocally asserted the regional identity and gave strong expression to the urge for political empowerment of the people of Jammu . The mandate to the BJP was to deliver on the sensitive and critical issue of regional autonomy -a constitutional rearrangement under which new tier of governance by elected representatives was introduced between the State and the District Development Boards (which also needed to be revamped) crafting - some thing akin to regional government, call it Regional Council, if you will. Here, a clear and clean distinction must be made between Jammu legislatures gaining entry in to the Council of Ministers , enjoying fruits of power and perks and may secure some token sops for Jammu from the constitutionally guaranteed systemic changes that empowered the people of the region to tackle their problems themselves and charter the course of development that was in their best interests. It should be hoped that both the BJP and Prime Minister Modi would realise that people of Jammu expect them to honour their trust. Any attempt ,overt or covert to put the issue of Regional Autonomy on the back burner in the so called " national interest" . would provoke severer and stronger back lash. They would be well advised to resist the temptation to gain political acceptance in Kashmir at the cost of Jammu in the endeavour to climb into the seat of power.
Moreover, the policies of the government of India should be J&K centric-all three regions being treated equally. The power of attorney that the Jammu electoral mandate had given to them, it should not be forgotten came with the caveat and was certainly not irrevocable. The BJP had to deliver whether it was part of the government or sat in the opposition. On its part the Congress party , if it wished to stay in reckoning in Jammu must atone for its past sins of omission and commission and vigorously exert for the cause. The issue of Jammu autonomy was first raised by my friend late Balraj Puri decades ago which he pursued till his demise. It was perceived and projected as the cure for discrimination against Jammu in administration, development and power sharing. While the debate raged sporadically the concept remained vague, .
Even concrete and practical measures integral to Jammu autonomy were obscure. In fact, the demand for Jammu autonomy was generally perceived as anti Kashmir. It fell to my lot in nineties to unambiguously spell out the concept of Regional autonomy -a constitutional structure applicable to all the three regions - concretise its contours and place the entire matter in the realm of public debate . Balraj's and my views finally converged when I presented my model before the Regional Autonomy Committee headed by him. The Report of the committee was consequently almost entirely based on that model.The concept of regional autonomy for the regions was circumscribed by two pre-conditions, the preservation of the composite state of J&K and crafting of a constitutional dispensation that was equitable, fair and just for all regions. This would be integral to over all democratic decentralisation of power structure with Regional Councils placed between the state and the Zila Parishads. In essence, the demand for greater - autonomy for the state boiled down to redefining of state-centre relations . By the same token, regional autonomy required devolution of certain powers to the regions by the state. For obvious reasons, it was neither possible nor desirable to separate the autonomous character to the J&K State from that of grant of autonomy to the regions comprising the State and other self-governing institutions down below.
The Regional Council
The concept of regional autonomy be concretised by constituting democratically elected and politically empowered Regional Councils for Kashmir and Jammu regions. Corresponding suitable constitutional frame work for the Ladakh region will have to be separately devised taking into account the existence of autonomous councils in Leh and Karigl districts.
The council will be the creation of the constitution. Councillors will be directly elected on the basis of electoral rolls prepared for the Lok Sabha and State Assembly elections for six years term as was the case with the members of the Legislative assembly. Elections to both the Assembly and the council be held at one and the same time to avoid additional expenditure .
The Regional Council will be vested with executive, legislative and judicial powers including the power to raise revenue through taxation. Such powers shall devolve to the council from the state assembly in relations to the regional subjects.
The financial outlay on account of the constituting the regional councils was proposed to be met through the abolition of the Upper House of the State legislature.
Regional Governance
A Chief Executive Councillor, commanding majority support in the Regional Council will head the Regional ad- ministration, on being appointed as such by the Governor of the State. He shall be assisted by Executive Councillors, whose number shall not exceed one fifth of the strength of the council.
Regional secretariats shall be established for each region, to be headed by an officer of the rank Special chief secretary and manned by adequate number of secretaries and other supporting and ancillary staff. Recruitment for the district and regional cadres will be made through Regional subordinate Services Selection Boards. Such officers/officials shall be born on the Regional cadre till such time as they were promoted to the state cadre and become eligible for inter -regional transfers.
All the executive departments of the state 'functioning within the confines of the regions except those placed in the state list by mutual agreement to be categorised shall function under the control of the regional administration. This switch would be smooth and easy as the posts of regional heads of departments with necessary staff already exist on the ground.
Development
Regional level boards shall be constituted to plan development of the regions. The plans/schemes drawn by the boards and approved by. the regional authority shall be financed by the funds raised by the councils and those provided by the State and Central Governments. The State Development Board will be responsible for only state level plans and schemes of inter regional nature.
Finances
The regional executive shall he responsible to raise finances through taxation, for, which proper budget proposals shall be annually presented for approval in the regional council. The funds from the central/state governments shall be allocated to the regional Councils on the criteria of population, extent of backwardness , area , geography special needs and the like.. Relief fund and other contributions from the central government shall be similarly allocated. The annual central assistance in whatever form shall be allotted in the same manner and placed directly at their disposal except in respect of State level and inter-regional projects. .
Public Sector Undertakings
The Regional administration/council may set up Public Sector corporations/ boards where considered necessary in the public interest. Assets of state level corporations operating in such areas of activity shall be appropriately shared by the State government with Regional councils concerned.
Professional/Technical Higher Education
The authority to establish professional /technical colleges/institutions shall vest with the regional executive. It shall similarly enjoy full control upon the existing institution located within their respective jurisdictions if financed by the state. The regional executive shall also inherit all the supervisory control over the institutions established in the private sector located within the region presently exercised by the State Government.
Selection of candidates for higher education shall be made by Regional Competent authorities in accordance with National norms.
Universities
Chief Executive Councillors shall be designated as the Pro-. Chancellors of the universities located in their respective regions. The Governor of Jammu and Kashmir shall, continue to be the Chancellor of the Universities. Appropriate amendments in the University Acts will accordingly be made.
Inter-Regional Matters
Matters of mutual interest between t the regions and region and the state government shall be remanded for resolution to a Inter-Rcgoia1 Council comprising of the representatives of regional councils and the state government This council will be presided over by the Chief Minister of J&K.
The state shall continue to have a common High Court (Two Benches each or Jammu & Kashmir) and common Governor. The State Public Service Commission shall also be common.
The details of the distribution of Subjects may be discussed and agreed upon before the bill for creation of Regional Councils was presented before the State Legislature. The above model presented the outline conceived in the context of existing constitutional frame work. In the event of changes/ amendment to the constitution of the State necessary amendments would become inevitable For instance if the executive head of the state were to be designated as the Prime Minister, the regional heads shall be re designated as Chief Ministers and Regional Councils renamed as Regional Legislative Assemblies. The proposed decentralisation of power undoubtedly had the vast potential of promoting greater trust between the people of the regions, remove causes of irritation and conflict, strengthen the bonds of friendship and usher in an era of peace, harmony and prosperity for all. It is also only a way to preserve the integrity of our composite state and strengthen the unity of our people. Any attempt to evade the issue at this juncture or distort the perspective could have disastrous consequences for the composite state.
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