Speaker censures J&K Govt for delay in filing PSC report

JAMMU, MARCH 8: The Jammu and Kashmir Government, in violation of the mandatory provisions of the State Constitution, has not tabled any r...

JAMMU, MARCH 8: The Jammu and Kashmir Government, in violation of the mandatory provisions of the State Constitution, has not tabled any report of the Public Service Commission along with responses of the departments concerned, on floor of the State Legislature during the last three years.

Significantly, such a serious constitutional lapse on part of the Government was brought to the notice of the Assembly Speaker Abdul Ahad Vakil, by none else than a ruling National Conference (NC) member Syed Abdul Rashid, after the end of the question hour in the House. As the Law and Parliamentary Affairs Minister

P L Handoo stood up to say that they are doing it, the Speaker said that “it is a serious matter” and asked the member to give it in writing.

The NC member brought the constitutional violation to the notice of the Speaker soon after the latter announced an end to the question hour.

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“There has been a serious constitutional violation and contempt of the House as the reports of the Public Service Commission along with responses of the departments concerned have not been tabled on the floor of the Legislature during the last three years,” said Rashid before the Speaker announced the beginning of the zero hour. In support of his statement, he read out Section 137 of the Jammu and Kashmir Constitution that “it shall be the duty of the Public Service Commission to present annually to the Governor a report as to the work done by the Commission. And the Governor, on receipt of such report, shall cause a reply thereof together with a memorandum explaining as respects the cases, if any, where the advice of the Commission was not accepted.”

“The reasons for such non-compliance are to be laid before the Legislature,” Rashid said, adding that non-presentation of the Commission reports along with responses of the departments concerned amounts to contempt of the House. He also sought a reply from the Law and Parliamentary Affairs Minister on the matter.

As the Speaker asked the NC member as to how did he know that the reports have not been laid before the Legislature, the latter said that the Government has itself accepted it in written reply to a question of Harsh Dev Singh (Panthers Party) in the House yesterday. Now, it cannot deny it, he added.

Thereafter, the Speaker turned to Handoo, who said that these reports were being tabled before the House. It was an important matter, he said and sought time to go into the details.

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At this, Vakil said that “it is a serious matter” and asked the member to give him in writing.

Yesterday, the Chief Minister in written reply to a question of Harsh Dev Singh in the House had said that the Public Service Commission had been presenting its annual work done reports to the Governor as required under Section 137 of the Jammu and Kashmir Constitution. Also admitting that these reports are required to be tabled long with the responses of the departments concerned. The departmental secretaries have been asked to ensure that these responses are finalized by March 15, 2000, so that these reports can be laid before the Legislature during the current year.