UT Assembly will have no power to discuss conduct of judges

Tribune News Service

Srinagar, August 26

The Legislative Assembly of the Union Territory of Jammu and Kashmir will have no powers to discuss the conduct of a Supreme Court or High Court judge.

As per the J&K Reorganisation Bill, which was introduced in Parliament by the BJP-led government to downgrade J&K into two union territories on August 5 and subsequently passed by both houses, restrictions have been imposed on discussions on the conduct of the judges in the Legislative Assembly of the Union Territory of J&K.

As per Section 49 of the J&K Reorganisation Bill: “No discussion shall take place in the Legislative Assembly with respect to the conduct of any judge of the Supreme Court or of a High Court in the discharge of his duties.”

Besides, Section 50 also makes it clear that courts shall not inquire into the proceedings of the Legislative Assembly.

“The validity of any proceedings in the Legislative Assembly shall not be called in question on the ground of any alleged irregularity of procedure,” states sub-section (1) of Section 50 of the Bill.

Sub-section (2) of Section 50 of the Bill further states that “no officer or member of the Legislative Assembly in whom powers are vested by or under this Act for regulating procedure or the conduct of business, or for maintaining order in the Legislative Assembly, shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers”.

Besides, Section 51 (1) of the J&K Reorganisation Bill defines that the Legislative Assembly of the Union Territory of the J&K shall have separate secretariat staff.

“The Legislative Assembly may by law regulate the recruitment and the conditions of service of persons appointed to the secretarial staff of the Legislative Assembly,” states the sub-section 2 of Section 51 of the Bill.

Courts won’t enquire into House affairs 

Section 50 the J&K Reorganisation Bill makes it clear that courts shall not enquire into the proceedings of the Legislative Assembly. “The validity of any proceedings in the Legislative Assembly shall not be called in question on the ground of any alleged irregularity of procedure,” states sub-section (1) of Section 50 of the Bill.