Much-talked-of amendment in Land Laws, transfer of property act and land alienation act, was pushed to the back-burner and a faux pas for the government also deferred with the referral of the said Bill to a Select Committee of Assembly on a motion moved by BJP MLA from Ramnagar, Ranbir Singh Pathania.
Pathania was at the best of his wits and elocution in challenging the constitutionality and political steadfastness of the proposed amendment.
While citing constitutional provisions, civil law and legal jurisprudence, Pathania called for an informed, comprehensive debate and not to go along in a huddle.
He further said that certain non-issues, half-baked facts and legal infirmities are there in the proposed amendment law. Before going ahead with the law, threadbare discussion needs to be rolled out on the matter in issue. He also pooh-poohed the legal advisors of the government for leading the government into such a misadventure. He also stated that the bill should be referred to Select Committee as the bill if passed will have serious legal, political repercussions.
He said that before passing this bill the house needs to discuss the implication this law will have on the central govt. offices, banks, private telecom operators, industrial houses and others concerned like housing colonies.
He said that there have been several instances where the laws which are inconsistent to the ‘Basic Structure of Constitution” have been declared null and void ‘abinitio’ and this august house must not rush the passage of this bill as the various clauses of this proposed bill are in violation of the basic structure of the constitution.
He further emphasized that laws and bills passed by this house must pass the test of ‘legal jurisprudence’ and ‘justice, equity and good conscience’. Accordingly all amendments in respect of the Jammu and Kashmir Alienation of Land Act and Transfer of property Act, aimed at preventing transfer of land to non-state subjects, were today referred to Select Committee after the Revenue, Relief & Rehabilitation Basharat Bukhari moved the motion in this regard.
On this move of govt. to refer the bill to a select committee, opposition members referred this move as an attempt to subvert the bill and staged a walkout. However, Consumer Affairs & Public Distribution (CA&DP) Chowdhary Zulfkar said that everyone has a right to express his or her view in the House.
“Let us discuss the bill in the House. It doesn’t matter if he or she is from ruling or Opposition, everyone should be allowed to express his views.
