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This is an archive article published on March 12, 2004

NC man bails out his rivals, Bill locked up

Jammu and Kashmir’s ruling coalition heaved a sigh of relief when the controversial women’s Bill — partners PDP and Congress ...

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Jammu and Kashmir’s ruling coalition heaved a sigh of relief when the controversial women’s Bill — partners PDP and Congress are at loggerheads over the Bill which denies a woman her permanent resident status if she marries an outsider — was not put to vote today in the state legislative council and the House adjourned sine die.

Council chairman Abdul Rashid Dar’s decision not to allow voting stunned his own party, the Opposition National Conference, which, together with the ruling PDP, had been demanding the Bill’s immediate passage.

Angry NC members raised slogans and their president Omar Abdullah later told The Indian Express that they had moved a no-confidence motion against Dar and expelled him from the primary membership of the party.

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But Dar had his own reasons for his move: ‘‘Finally an issue, which requires an even greater reflection and caution has arisen out of the fact that a legislative measure which is still in the process of being born has been catapulted into the realm of passion and frenzy of electoral politics.’’

Justifying his decision not to allow voting on the Bill or on any of the two amendments moved by Congress and Panthers Party (JKNPP), Dar said:

‘‘This House being the upper chamber, we are supposed to ponder on this issue with greater restraint and sober reflection. The very raison d’etre of having a legislative chamber of elders is to try and insulate the process of discourse and debate from the heat and acrimony of common place and populist politics and electoral din.’’

To NC’s consternation, he adjourned the House saying that ‘‘we, therefore, have to consider whether it would not be advisable to take a course, which minimises the risk of vitiating the political environment in the state and does not confer any undue advantage and inflict any undue disadvantage on any of the players in political arena’’.

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Referring to the hasty passage of the Jammu Kashmir State Subject (Disqualification) Bill in the Assembly within six minutes, he said that ‘‘the second chamber prevents hasty legislation, as a single chamber is in danger of being rash and one sided and swayed by emotion or passion. If there are two chambers, the measures passed by one will be scrutinised by other, with the result that laws passed finally will be more carefully analysed and adjusted’’.

He said he needed time to arrive at a conclusion on whether the Bill falls within the purview of Section 9 of the J&K Constitution or if it’s just a piece of legislation which neither defines a permanent resident nor prescribes the right and privileges of a permanent resident.

He also wanted to check whether the majority of not less than two-third of total membership of the House required to pass a Bill under Section 9 means actual number of members existing at a given point of time or the total number of members that should exist in the House.

Dar’s decision saved the situation for the ruling coalition because both the PDP and Congress were sharply divided over the Bill. Unlike the PDP which wanted its immediate passage, the Congress wanted the Bill referred to a House select committee.

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