| President of India suspends all provisions of LA | | Speaker, Dy Speaker go jobless | | Early Times Report
Jammu, Nov 2: With the issuance of notification by President of India, all provisions of Legislative Assembly have been suspended for indefinite time which has rendered the Speaker and Deputy Speaker Legislative Assembly jobless from Oct 31, 2019.
Sources informed that the Jammu and Kashmir Legislative Assembly was dissolved last year in November by the former Governor SP Malik which ceased all the powers vested with MLAs but the Speaker and Deputy Speaker continued their offices and enjoyed their constitutional powers.
"As soon as Jammu and Kashmir State formally transited into Union Territory on Oct 31, the constitutional posts of Speaker and Deputy Speaker fell vacant with the notification of President wherein the all provisions from 17 to 26 and other sections of Jammu and Kashmir Reorganization Act, 2019 were suspended," they said.
They further said that as per section 17 to 26, Section 29 to 34, section 36 to 49 etc. of Jammu and Kashmir Reorganization Act, 2019 which reads that the Legislative Assembly, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer, and the expiration of the said period of five years shall operate as a dissolution of the Legislative Assembly, Provided that the said period may, while a Proclamation of Emergency issued under clause (1) of article 352 is in operation, be extended by the President by order for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.
"The Lieutenant Governor shall, from time to time, summon the Legislative Assembly to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session. (2) The Lieutenant Governor may, from time to time,- (a) prorogue the House; (b) dissolve the Legislative Assembly. 19. (1) Legislative Assembly shall, as soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speaker thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall choose another member to be Speaker or Deputy Speaker, as the case may be," they said.
All the provisions in Jammu and Kashmir Reorganization Act, 2019, which were mentioned above envisaging the powers vested with Speaker and Deputy Speaker were cased with the proclamation of President of India. |
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