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Coordination Committee has no legal, constitutional sanctity
'Undermines the authority of State Cabinet'
6/1/2012 11:36:45 PM
Bashir Assad
Srinagar, Jun 1: Though the state unit of congress alleges that its leadership is not being
consulted by Chief Minister Omar Abdullah before taking crucial decisions on important
matters- an allegation which is being refuted very often by National Conference on the plea that every issue is being discussed in the coordination committee (CC) of the coalition headed by state Congress Chief Professor Saifudin Soz- there is a growing opinion that CC is an extra-constitutional body which undermines the authority of the cabinet and the state legislature.
The Coordination Committee of the NC-Congress coalition partners is headed by PCC president Saifudin Soz with Deputy Chief Minister Tara Chand, former Deputy Chief Minister Pandit Mangat Ram Sharma representing Congress in the committee while NC president Dr. Farooq Abdullah, Chief Minister Omar Abdullah, Finance Minister Abdul Rahim Rather, Rural Development Minister Ali Mohammad Sagar and Chowdhary Muham-mad Ramzan representing National Conference in CC.
Interestingly, the coalition partners usually discuss important matters like appointment of Chief Information Commissioner, Chief Vigilance Commissioner, State Accountability Commission, elections to the Panchayat and Local Urban Bodies, appointment of members to State Public Service Commission, Backward Classes Commission, Human Rights Commission and even issues like enhancement of retirement age, Sixth Pay Commission, regularization of daily wagers and a host of other issues which was the domain of state cabinet and at times decisions are taken in CC meetings thereby undermining the authority of the cabinet.
In its last meeting which was held at Jammu, Soz had said, "the issues which came up for discussion included the strengthening of state Vigilance Commission, Human Rights Commission, Backward Classes Commission and Public Services Commission. It was decided to initiate the process of identifying the competent and deserving persons for filling up existing vacancies in these institutions, he had said. Now the question is who has given him the mandate to discuss and decide about these issues and under what law?.
Constitutional experts opine that CC is an extra-constitutional body which simply allows bargaining of coalition partners because decision is taken on bargaining power without consulting the cabinet rather cabinet has the second fiddle role. "Coordination Committee has no constitutional and legal sanctity, it is an extra constitutional forum which allows bargaining in decision making" renowned Lawyer and Constitutional Expert Advocate Riyaz Khawar told Early Times.
Khawar said that CC is just eroding the democratic institutions like Cabinet, State Legislature and the Panchayat Raj System because the matters coming up for discussion in CC meetings fall within the domain of cabinet, legislature or institutions at the grass root level including Panchayats and Local Bodies.
"Usually it takes decision on whims caprices, it has no authority to decide on matters pertaining to the state cabinet" Advocate Khawar said. "why should CC discuss appointment of heads of the autonomous bodies and institutions like CVC, CIO, members for SAC and members for Public Service Commission and in what capacity" asks Khawar. According to Khawar this completely in contravention to the democratic and constitutional standards and tantamount to erosion of democratic institutions. "It could be a compulsion for the coalition government but not at the cost of democracy and democratic institutions. They are undermining these institutions which can prove catastrophe in the long run" added Khawar.
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