Express concern over ‘encroachment’ by Panchs, Sarpanchs
Prepare draft bill to define powers and functions of MLAs
Abid Bashir
Srinagar, Jan 27: Reflecting their insecurity over the devolution of powers to the newly elected Sarpanchs and Panchs, the legislators have prepared a draft bill to define the powers and functions of MLAs. After being finalized, the draft is likely to be introduced in the State legislature.
Consensus to this effect was evolved in a meeting of Empowerment Committee headed by National Conference legislator from Handwara, Chaudhary Muhammad Ramzan. PDP MLC, Murtaza Khan was the only member, who opposed the move and staged a walk out from the meeting.
Sources said Chief Minister, Omar Abdullah wanted senior PDP leader Muzaffar Hussain Beigh to head the committee, but the later refused.
Sources privy to the meeting told Rising Kashmir, the committee, having members from both upper and lower house, met in Jammu to discuss the empowerment of MLAs. The meeting assumes significance in the backdrop of the recent announcement about devolution of powers to newly elected Sarpanchs and Panchs.
Sources said the devolution of powers to Sarpanchs and Panchs led to confusion among the legislators, who feel that the newly elected representatives were encroaching into their territory.
“There are 87 legislators and all of them were very apprehensive from day one when powers under Panchayat Raj Act 1989 were announced. What pinched them most was granting of more powers to Sarpanchs and Panchs by the committee headed by Chief Secretary, Madhav Lal,” sources said.
Ramzan, chairman of the Empowerment Committee, said he has directed all members to suggest how to make an effective draft bill that would define the powers and functions of MLAs. “In the meeting, consensus was evolved that powers and functions of legislators should be defined. Our powers are nowhere written despite the fact the Constitution of the State calls for defining the powers of MLAs,” he said.
“Once the members of the committee would finalise their drafts, all suggestions will be incorporated to frame an effective draft bill.”
The bill, Ramzan said, is a must to avoid “encroachment” of an elected representative.
Another senior NC leader, Mir Saifullah said Article 76 and 78 of the State constitution calls for classifying the powers and functions of MLAs.
“I believe there has to be a legislation that would make clear the powers of legislators. The idea of draft bill was supported by all members,” he said.
Sources said a group of 30 MLAs from both sides had earlier met Chief Minister, Omar Abdullah and conveyed him that there had to be some mechanism to define the powers and functions of legislators.
“The chief minister supported the idea,” sources said.
Congress MLC and spokesman JK, Ravinder Sharma, who is also the member of the EC, said the move to define the powers and functions of MLAs would remove the rift between legislators and recently elected representatives.
“We can work in unison only after our powers are demarcated and well defined. There is no harm if a draft in this regards come up. That will go through State legislature and would be discussed threadbare,” he said.
However, PDP leader and MLC, Murtaza Khan said the move to define the powers of MLAs and MLCs should not challenge the existing Panchayat Raj Act 1989.
“Chief Minister Omar Abdullah has made it public that Sarpanchs and Panchs will get more and more powers. The draft bill should not challenge the existing law and the announcement made by the chief minister,” Khan said.
As per the government handout released at the time of devolution of powers, Sarpanchs and Panchs would act as grass root level workers and will have a major role in decision making.
“They will deal with all flaghship schemes, like IAY, NREGA, besides playing an important role in implementation of other centrally sponsored schemes,” the document reads.
As per the report of the committee headed by the chief secretary, powers would flow from bottom to top and Sarpanchs and Panchs will cover all 14 departments that include health, R&B, CA&PD, rural development and others.
Minister for Rural Development and Panchayati Raj, Ali Muhammad Sagar said the government was considering to release funds directly to Sarpanchs and Panchs for the implementation of various flagship schemes.
“The government is serious about decentralization of powers,” he said.
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