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Nominations to Upper House violation of
constitutional provisions: Harshdev
3/30/2009 10:42:36 PM

Early Times Report
Jammu, Mar 30- Strongly flaying the recent nominations made to the Upper House, Harsh Dev Singh MLA and Chief spokesperson JKNPP has termed it as violation of the constitutional provisions and democratic procedures and practices. He said that the law laid down in the Constitution of J&K pertaining to nominations for Legislative Council categorically stands violated in the present case. He said that Sec. 50 of the constitution permits eight nominations with clear stipulation that three out of the eight shall be persons belonging to “socially or economically backward classes” and rest shall be persons having special knowledge in “literature, science, art, co-operative movement and social service”. He said that in no case could Sec-50 of the Constitution be abused to rehabilitate the defeated and disgruntled politicians, which seems to be the role concern of the government. He said that nominations did not indicate as to which category as specified in Sec.-50 had been catered to.
Strongly flaying the abuse of the constitutional provision, Singh termed the said nominations as a ‘corrupt practice’ and urged upon the Governor to review the same in his capacity as the custodian of the constitution. He said that object behind the nomination clause has been defeated with impunity by using the Upper House as a rehabilitation centre for accommodating the favourite defeated candidates. He said that the ruling coalition had even earlier accommodated several around one dozen candidates in the Upper House in utter neglect of deprived classes including SCs, STs, and women as also the intellectual class as contemplated in Sec.50 of the constitution.
Castigating the practice of using the Legislative Council for making backdoor entries of defeated candidates into the highest democratic institution, he said that the move was highly un-democratic, unfair and unethical. He said that every MLC cost the state exchequer more than Rs. one crore annually and incurring such huge expenditure out of state exchequer on persons nominated through backdoor and in violation of the constitutional provisions was opposed to the concept of Accountability and slogans of ‘Transparency’ and ‘good governance’ being repeatedly harped by the government.
He further said that it was high time to give a serious thought to the continuance of the Legislative Council in the state, which had outlawed its utility and was serving no purpose. He said Upper House stands abolished in majority of the states of the country in view of huge expenditure involved in its maintenance with no utility at all to the public. He said abolition of Upper House could save at least 100crores to the state exchequer, which could generate employment for thousands of unemployed youth in the state. He urged upon the civil society and the intelligentsia to build public opinion in this regard so as to do away with the unnecessary and undesirable institution, which is consuming the hard earned and scare public resource.
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