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PDP Moves Privilege Motion Over Statehood Resolution Dispute
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Legislative Privilege Motion Over Statehood Resolution
The Jammu and Kashmir Peoples Democratic Party (PDP) has formally moved a Motion of Privilege against Chief Secretary Atal Dulloo and Law Secretary Achal Sethi. PDP legislator Waheed-ur-Rehman Para submitted the motion after Chief Minister Omar Abdullah disclosed that the two senior officers had sent opinions questioning the language of a statehood resolution that the Assembly passed earlier in the week. Para argues that such interventions threaten the legislature’s core parliamentary function of debating and adopting resolutions.
Background of the Resolution Dispute
The statehood resolution, approved by the Jammu and Kashmir Legislative Assembly, seeks to alter the region’s constitutional status. According to the Chief Minister, the Law Secretary’s opinion recommended disallowing the resolution, and the Chief Secretary sent a separate communication—both without Abdullah’s knowledge, despite his holding the law portfolio. The episode has sparked concerns that bureaucratic advice was being used to constrain legislative authority.
Official Responses
Speaker Abdul Rahim Rather is being asked to examine the matter under the Rules of Procedure and Conduct of Business and the statutes governing legislative privileges. The PDP maintains that while officials may provide legal and administrative counsel, that counsel must not become a tool for questioning or limiting the Assembly’s prerogatives.
Verbatim Quotes
- “I am invoking the privilege jurisdiction of this House to ensure that the dignity and constitutional authority of the Legislature are protected. This is not merely a matter concerning one resolution or one Member; it concerns the institutional rights of this House and the representative mandate entrusted to us by the people of J&K,” — Mr. Parra. Congress
- “This is about the authority and dignity of this house. Such an incident was unknown to law even if J&K is a Union Territory (UT). It’s the Speaker, as per the rules, who gets to decide admissibility of a resolution. How can a public servant serve an opinion to the Speaker? It’s not a matter of serious concern and very disturbing,” — Mr. Lone
- “If you (the government) are powerful, then take action against the one who undermined the house,” — Mr. Lone
- “I hereby give notice of my intention to move a Motion of Privilege against the Chief Secretary and Law Secretary, J&K, in view of the concerns placed on record by the Chief Minister regarding the role and conduct of the two senior officers in questioning the contents and language of a resolution of this House,” — Rehman Para