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| Can we have an outsider as Minister? | | | EARLY TIMES REPORT
JAMMU, Oct 25: Responding to a constitutional question, the government had sought to explain in detail that it made no mistake in appointment of HH Tyabji as Advisor to the Governor but there is still no end to the questions.
Tyabji had served in the past as Chairman of Jammu and Kashmir Public Service Commission. As per rules a person who has served as Chairman of the Public Service Commission can not hold any post after his retirement. Responding to this constitutional question, the Law Department had sought to clarify that an Advisor to the Governor as defined as a Minister when Governor is incharge of the roles and responsibilities of the government.
However, now the important question remains to be addressed whether a non-state subject person can become a Minister in Jammu and Kashmir? At least this is not provided in Jammu and Kashmir Constitution.
The Law Department has tried to rely on clause 24 of Sec 3 of general clauses Act 1977 in which the term ‘Minister’ has been defined to include every person appointed as ‘Advisor to Governor’. He further stated that since the office of Minister is not an office under the Govt. of State, as such, the restriction imposed under Sec 132 of the constitution of J&K regarding re-appointment of members or Chairman of Public Service Commission doesn’t apply to Tyabji.
“In trying to defend its unconstitutional Act in appointing Tyabji as Advisor, the government seems to have fallen in it’s own trap and lost sight of an important aspect relating to place of domicile of the said advisor. Tyabji is a non-states subject and can not be a minister in the State of J&K”, says a former Minister Harsh Dev Singh.
He said that only such person can be a minister who is eligible to be a member of either houses of legislature and is an elector of any of the constituencies in terms of Sec 36, 37 and 38 of J&K Constitution read with Sec 22 and 23 of the Representation of People Act. He said in view of the aforesaid position of Law, the appointment of non-state subject as Advisor is illegal, arbitrary unconstitutional and is in contravention of special status of J&K. He said that under the prevailing law, no outsider can be the head of a Deptt. of J&K Govt. except the Governor who could be any citizen of India belonging to any part of the country as specified in Sec 29 of the J&K constitution. He said under the prevailing situation, the appointment of Tyabji is unconstitutional and illegal and he needs to be replaced by a state subject in deference to the law of the land. |
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