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Indian leader wants to remove Section 147.

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Speaker sahab ne rondhi maardi.

J&K: PDP MLA embarrasses party - YouTube

SRINAGAR: Speaker of Jammu and Kashmir state assembly Mohammad Akbar Lone on Thursday rejected a private member's bill moved by PDP legislator, Nizam-ud-Din Bhat seeking deletion of section 3 of the Jammu and Kashmir constitution by virtue of which the state is incorporated as an integral part of the union of India.

Bhat, a PDP MLA from Bandipora constituency in North kashmir had sought deletion of section 3 and section 5 of the state constitution which would challenge the state's accession with India . "I had sought deletion of sub clause (b) of section 147 of the Jammu and Kashmir constitution which would ultimately make way for any legislator to move the bill seeking rethinking on section 3 and section 5 which declares J&K as an integral part of India,"Nizam-ud-din Bhat said.

However, the assembly speaker Mohammad Akbar Lone today informed Bhat that his bill had been rejected and could not be admitted in the coming session of the assembly which starts from September 26, 2011.

"Due to section 3, the legislature is restrained from making changes in the present constitutional arrangement which is in direct conflict with the political utterances on Kashmir's future status and the space needed for dialogue to reshape the relation of state with the union of India for any future settlement," Bhat said.

The clause (b) of section 147 of the state constitution provides the procedure for amending section 3 and section 5. "That means section 147 governs these sections," he said.

Interestingly, Peoples Democratic Party (PDP) had dissociated itself from Bhat's bill.

The party spokesman Nayeem Akhtar had made it clear that there was no question of supporting the bill if the speaker would admit it in the house.

The PDP spokesman accused Chief Minister Omar Abdullah of starting the trend."It was started by the chief minister last year when Kashmiri youth were being killed. He tried to neutralize it by questioning the accession of Jammu and Kashmir to the union of India. That opened floodgates for every legislator and the disease spread across the parties," Akthar said.

The state Congress has strongly opposed the move by the PDP legislator. In a statement, Congress MLC and Spokesman, Ravinder Sharma said that as per provision of section 147 of the state constitution, no bill seeking amendment to section 3 and section 5 could be introduced or moved in either house of the legislature.Congress termed Bhat's move as "ill-conceived and illogical."

J&K assembly speaker rejects PDP MLA’s bill on J&K's separation from India - The Times of India

Does a speaker have this authority in a democracy? He gave no reasonable reason.
 
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