2 hrs ago
J&K Officers Challenge Statehood Resolution as Lawmaker Seeks Privilege Motion
Jammu and Kashmir’s elected Assembly is discussing whether the region should regain statehood.
Chief Secretary Atal Dulloo and Law Secretary Achal Sethi wrote to the Speaker opposing the introduction of a statehood resolution.
A legislator named Waheed Parra said the officers should not interfere with the Assembly’s powers.
He has asked for a privilege motion against them.
Dulloo is a senior civil servant from Kashmir who became chief secretary in 2023.
Sethi is a lawyer from Jammu who works in the Law Department.
Both officers were born in Jammu and Kashmir.
The disagreement is about how much advice government officials can give when the elected Assembly is making decisions.
Chief Secretary Atal Dulloo and Law Secretary Achal Sethi wrote to oppose introducing a resolution seeking restoration of Jammu and Kashmir’s statehood.
Peoples Democratic Party legislator Waheed Parra gave notice for a privilege motion against the two officers.
Parra said administrative or legal advice must not interfere with the Assembly’s legislative privileges and authority.
Dulloo, a Kashmiri Pandit and 1989-batch IAS officer, became J&K chief secretary in December 2023 and is due to retire on October 31.
Sethi, a Dogra and former lawyer, was involved in the 2019 constitutional exercise that followed Article 370’s abrogation and J&K’s reorganisation.
- Who
- J&K Chief Secretary Atal Dulloo, Law Secretary Achal Sethi, Assembly Speaker A R Rather, Chief Minister Omar Abdullah, and PDP legislator Waheed Parra.
- What
- Dulloo and Sethi opposed introducing Omar Abdullah’s resolution seeking restoration of Jammu and Kashmir’s statehood; Parra sought a privilege motion against them.
- Where
- The dispute concerns the Jammu and Kashmir Legislative Assembly and the Union Territory of Jammu and Kashmir.
- When
- The letters were sent earlier in the week, and Parra submitted his privilege-motion notice on Wednesday; Dulloo is due to retire on October 31.
- Why
- The officers wrote against introducing the resolution, while Parra said their advice improperly questioned or constrained the Assembly’s legislative authority.
Assembly Legislative Authority
Administrative and Legal Objection
Role of officials in Assembly proceedings
Assembly Legislative Authority
Waheed Parra says officers may provide advice but must not question, constrain, or intrude upon the Assembly’s privileges and authority.
Administrative and Legal Objection
Dulloo and Sethi wrote to the Speaker against introducing the statehood resolution, reflecting an administrative or legal objection to its introduction.
Statehood resolution
Assembly Legislative Authority
Chief Minister Omar Abdullah’s resolution seeks restoration of Jammu and Kashmir’s statehood and is supported as a matter for the elected Legislature to deliberate on.
Administrative and Legal Objection
The two officers sought to disallow or oppose the resolution’s introduction, though the article does not specify their detailed legal reasoning.
Key facts
- Resolution
- A resolution proposed by Chief Minister Omar Abdullah seeks restoration of Jammu and Kashmir’s statehood.
- Officials involved
- Chief Secretary Atal Dulloo and Law Secretary Achal Sethi wrote to Speaker A R Rather against introducing it.
- Privilege notice
- PDP legislator Waheed Parra submitted a notice seeking a Motion of Privilege against the two officers.
- Atal Dulloo
- A 1989-batch IAS officer appointed J&K chief secretary on December 1, 2023; he is due to retire on October 31.
- Dulloo’s background
- He is a Kashmiri Pandit from the Valley and was born in Srinagar.
- Achal Sethi’s background
- He is a Dogra from Jammu, previously practised law in the J&K High Court, and serves in the Law Department.
- 2019 role
- Sethi is stated to have played a vital role in the constitutional exercise involving Article 370’s abrogation and J&K’s reorganisation.
Quotes
Waheed Parra
Peoples Democratic Party legislator in the Jammu and Kashmir Assembly
“The power of an elected Legislature to initiate, deliberate upon, amend and adopt resolutions is a core parliamentary function. While officers are entitled to provide administrative or legal advice to the Government within the scope of their duties, such advice cannot be permitted to become an instrument for questioning, constraining or intruding upon the legislative privileges and authority of this House.”
indianexpress.com
Sources
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