Jammu, April 4 The Jammu and Kashmir Legislative Assembly on Saturday held a short-duration discussion on the privileges and protocol of its members, with the speaker sharply questioning the government over delays in correcting the "order of precedence" and directing it to take corrective measures within two months.
The order of precedence determines the official protocol ranking of public functionaries, including their status at government events and in administrative interactions.
Speaker Abdul Rahim Rather issued the directions on the final day of the assembly session after members from both treasury and opposition benches raised concerns over the "systematic undermining" of legislators' authority, asserting that the Jammu and Kashmir Reorganisation Act, 2019 has not weakened their powers.
Responding to the issues raised by the members, Deputy Chief Minister Surinder Choudhary assured the house that the dignity of the members is the prime concern of the government.
"The government always takes serious note of the complaints registered by the MLAs," he said and assured strong action against the officers who breaches the privilege of the members.
The speaker, however, said mere assurances were not enough and asked the government to specify how long it would take to resolve the issue of order of precedence.
He subsequently directed the government to complete the exercise within two months, asserting that the matter cannot be kept pending as it has caused serious disruption.
BJP MLA Pawan Kumar Gupta initiated the discussion on the privileges, dignity and protocol of the august house and the members, saying the dignity of the MLAs has been compromised.
Raising concern over “systematic undermining” of legislators' authority, he said while the Jammu and Kashmir Reorganisation Act, 2019 has strengthened MLAs, its spirit is being diluted by administrative non-compliance.
Citing Sections 30 and 46(2), he said the assembly enjoys powers and privileges akin to the Lok Sabha, but alleged that oversight by MLAs is being treated as “interference” and accountability avoided.
He flagged violations of multiple GAD circulars (2009-2025) mandating prompt and time-bound responses to elected representatives.
“Despite writing nearly 200 letters, I have not received a single reply. Calls go unanswered. This reflects administrative arrogance,” he said, terming it a “defiance of law”.
The MLA also alleged that development works are being executed without consulting legislators, “eliminating oversight” and violating established norms.
Raising the issue of revised warrant of precedence post-2021 District Development Council (DDC) elections, he objected to DDC chairpersons being placed above MLAs, calling it “ironic” and legally untenable.
“An executive order cannot override a constitutional order of the President,” he said.
He warned against “dual control” over development and budgetary oversight by MLAs and DDCs, urging the government to resolve the issue, restore protocol, and ensure administrative accountability.
“Oversight is not interference -- it is the essence of democracy,” he said.
Privilege Committee Chairman Nizam-ud-din Bhat said the authority and privileges of the Jammu and Kashmir Assembly remain intact post-reorganisation, terming the issue a “constitutional matter”.
Citing Article 368 of the Constitution of India, he said only Parliament can amend the Constitution, adding that provisions on privilege continue under Section 46(2) with minor changes related to nomenclature.
He blamed confusion on the warrant of precedence, calling it an interim administrative order issued when the assembly was absent.
"It has lost legal sanctity," he said, asserting that administrative orders cannot override constitutional provisions.
Bhat also flagged “dual authority” between the lieutenant governor and the elected government but said it does not affect the dignity of the house.
“There is no bar on this house expressing its views,” he said, adding that integration post-Article 370 abrogation was meant to strengthen institutions, not weaken them.
National Conference legislator Hasnain Masoodi said misconceptions after August 5, 2019 led members to “self-impose restrictions” on their privileges, asserting that the powers of the house remain intact.
He said privileges define the dignity, protocol and authority accorded to members in public and before institutions, and must be upheld within the house.