Dyarchy
Mirza Beg to Rai Bahadur Ramchander Kak, Prime
Minister, Jammu
Letter No. 11-P/46/D.O.
15.1.46
Legal Document No
87
My dear Prime Minister,
Ever since assumption of office, I have been
facing certain tremendous difficulties, in the
discharge of my duties which from time to time I have
brought to your notice and also to the notice of your
predecessor, both in writing and verbally. These
difficulties are to my mind in their nature serious
enough to call for immediate solution, not only with a
view to afford opportunities of efficient working but
also to achieve the object underlying His Highness'
October Proclamation of 1944, in pursuance of which
the two popular Ministers were appointed. But as
ill-luck would have it, they have not only been not
removed so far but in most cases no serious attempt
has to my knowledge, been made uptill now towards
their solution. The result is obvious.
Under these circumstances I feel constrained once
more to re-state them here and strongly request the
immediate solution and removal of these difficulties:
1. You remember that just before the commencement
of the Srinagar session of the Praja Sabha, I, in the
course of a discussion pointed out to you that
according to the decision of your Hon'ble predecessor
in Office, the elected Ministers had freedom of speech
on the floor of the House, which they could exercise
even if they disagreed with the 'official' view of the
Government on any issue. (This position is in strict
accordance with the provisions of the present
constitution). But your reply was that elected
Ministers should not only speak but also vote in
support of the official view and that they could not
even remain neutral in case of difference of opinion.
I urged that this was not only the repudiation of the
previous arrangement but was also repugnant to the
express provisions of the constitution, as amended by
His Highness the Maharaja Bahadur after the
appointment of Popular Ministers. According to this
amendment the two Ministers are to retain their status
as members of the Praja Sabha which they occupied
before appointment as Minister. Needless to say that
the status of these two Ministers before such
appointment was that of elected members who had
complete right of vote and freedom of speech on the
floor of House. Obviously therefore, any restriction
of that right is repugnant of the constitution.
You, however, did not seem agreeable to modify your
view And nor was I inclined to accept your. The actual
position, however, during the last Session in the
Assembly did not result in any serious difference of
opinion on any important issue before the legislature,
but the position is liquid and demands immediate final
settlement. I maintain that the amended constitution
gives effect to the spirit and policy underlying no
departure there from can be made.
I would further add that any attempt to restrict
the right of vote end speech of the two elected
Ministers is bound to lead to non-confidence in them
by their electorate, and is further fraught with the
possibilities of coming into conflict with the
declared policy of associating the subjects of His
Highness with the administration of the State.
2. Soon after my assumption of office anomalous
position with respect to P.W.M. came to light. Whereas
every other Minister of the Government has a
Secretariat of his oven over which he exercises
complete administrative control, such is not the case
with the P.W.M. He has no Secretariat attached to him
or responsible to him. At present he works through the
Home, Revenue and Development Secretariats, none of
which is affiliated to him. He hoped that after his
appointment by His Highness the consequential changes
would be effected by the Government but as things
turned out no action was taken. After a thorough
discussion with your Hon'ble predecessor-in-office,
who realised the difficulties and recognised the need
of a separate secretariat in the case of P.W.M., the
latter sent in a memorandum on 28.12.1944. Prompted by
the desire, which he was confident, that his other
Hon'ble colleagues shared with him, of making the
experiment so graciously introduced by our benign
Ruler of associating his subjects with the governance
of the State successful, the P.W.M requested that any
possible difficulties in the direction should be
forthwith removed. But unfortunately the proposal made
no headway until Sir B.N. the former Prime Minister,
relinquished office.
After assumption of office by you the matter was
brought "to your notice in verbal discussion and
ultimately a written request was made under my No.
2151p/45 dated 21st Augusta 1945 in which the original
proposal for creating a small Secretariat was
repeated. Inspite of repeated requests, made verbally
to you, no tangible result has followed. On 13th
December, 1945, during a personal discussion on the
issue you expressed your readiness to make a sort of
adjustment by bifurcating the Home Secretariat in two
branches-each under H.H.M & P.W.M. But even this
halfway measure, though falling for short of my
original request, has not fructified.
I pointed out to you the present anomalies of the
Secretariats who have to deal either exclusively or
mainly with the work under the Public Works portfolio,
have absolutely nothing to do so far as administrative
control is concerned with the P.W.M. So much so that
questions of their leave, promotion, record of their
service book and confidential rolls are the exclusive
concern of other Ministers with whom they may have to
do nothing whatsoever. Such is the present. position
which to my mind is both anomalous and unsatisfactory.
I need hardly add that experience has convinced me
that nothing short of my original proposal can remove
the present tremendous difficulties as well as do away
with the discriminatory position between the P.W.M.
and his other Hon'ble colleagues. The delay to take
decision during the last 13 months has done
considerable damage and is sure to do more.
3. You know the fate of Municipal Bill that I
proposed in March 1945. K.B. Mirza Jafar Ali Khan, the
then officiating Prime Minister, did not take it up as
he thought that it involved an important issue. I
expressed my disagreement with him, but was assured
that the matter would be further considered and
definite conclusions arrived at shortly. I waited from
some time but when I saw that the case did not make
any headway I pressed it again. The result was that in
spite of the urgency expressed by me, the question was
referred to the Adhoc Committee consisting of H.H.M.,
H.D.M and P.W.M.
Meanwhile feeling that there was too much
centralization in the present Act and the
Minister-in-Charge who is supposed to be responsible
for the municipal administration is practically
without powers. I suggested certain delegation under
the Act to the Minister vice my memorandum for
submission to Council No. 859-M/45 dated 09.9.1945.
These powers are now vested in the Government, though
to my mind they are of too petty importance. It will
be well worthwhile to mention some of them here:
S. 13. Acceptance of resignation by a member of a
Committee
S. 14. Notification of election and appointment of
members
S. 29. Directions to a Committee to make bye laws
S. 31. Sanctioning of delegation of powers to
Municipal Servant
S. 38 (2). Power to hear appeal from a member held
responsible for loss or waste of money
S. 40 (1) (d) Power to sanction an expenditure to be
an appropriate charge on the recommendation of the
Committee
S. 63 (b) Power to hear appeals against notices of
demand
S. 66. Power to hear appeal against levy of tax
S. 69. Power
to prescribe conditions for regulating offensive
trades
S. 91. Power
to prohibit use of a place for an offensive trade
S. 155. Power to require a Committee to make bye laws
for regulating articles of food drink
S. 174. Power to hear appeals against the orders of a
Committee or its officers
Mere perusal of these matters which have now to go
to Council for sanction should convince any body that
such a centralization is bound seriously to hamper
progress and efficiency of work. The Minister is not
even competent to accept a resignation, or notify an
election or an appointment of a member. He cannot
direct the Municipality to make certain bye-laws
respect to general sanitation etc. He is powerless
even in matters of hearing appeals against petty
questions disposed of by Committee. It may
incidentally be mentioned that functions like these
are discharged in British India by officers of lower
status than a Minister. Here they are centralised in
the Government though they generally pertain day to
day administration of the Committees.
As some of these powers were in actual practice
exercised by my Predecessor-in-office I also asked for
validation of that practice.
This proposal also has met the same fate. Not that
decision has been taken but it was not even put before
Council. I was recently extremely surprised to find
that nearly 161 cases of varying importance were taken
up and mostly disposed of by Council, but this
proposal though considered by the Minister-in-Charge
as very urgent did not find place in that agenda. On
October 13, 1945-vide my D.O No. 859-18/45 of
13.10.1945. I drew your attention to my previous
proposal on the point again and requested for
immediate action. But even this did not produce any
result. It is now nearly 4 months that the matter has
been hanging fire, meanwhile the work is practically
held up.
4. I also referred to other matters during my
discussions with you as well as your predecessor.
These are of tremendous public importance for which I
have always felt that the elected Ministers should be
consulted. Take for example the questions relating to
law and order. Practically the whole of Kashmir is
ruled by ordinance: at present Rule 50 of the Jammu
and Kashmir. Defence Rules is in force banning all
public processions and meetings. This is so even in my
own constituency which I am legally and
constitutionally bound to represent in all matters.
Never before or after the promulgation of Defence Rule
in question has the matter been discussed with the
representative in Council. Nor even a courtesy
reference was made to me whose whole constituency is
under an ordinance at present. This is a serious
position, which, as public representative whose status
as such has been maintained in the constitution
referred to above, by the August Ruler-l have to take
notice of. You can well imagine the lot of an elected
member whose constituency in matters of civic rights
is dealt with like this and who has no voice in these
matters. The public at large consider him in their
ignorance of the actual working, a party to such
decisions.
Whereas he himself is kept in complete ignorance
from start to finish. The public representative in
these cases comes to know of what has happened through
press only. This position is extremely difficult and
embarrassing. If it is intended that the elected
Ministers should continue to represent the people, it
exposes them to the unmerited public criticism on
Government measures with which they themselves may
disagree.
Same is the position about the distribution of
controlled commodities which has assumed enormous
importance during recent years From time to time I
have addressed various Communication and made a number
of references to this during discussions, but
generally speaking without result.
On the whole the matters referred to above are of
tremendous importance and I feel convinced in my mind
that if immediate decisions on the lines indicated are
not taken, the real value of having elected Ministers
will be considerably reduced If it would not totally
disappear. That would be against the Intentions and
policy of our beloved Ruler, which every one of us
must guard against. And most unfortunately-~t is
painful to reiterate- this position has been allowed
to persist for more than a year and the sooner,
therefore, it is rectified the better.
Yours sincerely
Sd/- M.A. Beg
The Hon'ble
Rai Bahadur Pt. Ramchandra
Kak,
Prime Minister,
Jammu.
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