Jammu and Kashmir Legislative Council

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Legislative Council of Jammu and Kashmir
6th Assembly
Type
Type
Leadership
Chairman
Haji Inayat Ali, PDP
Since 12 April 2015
Deputy Chairman
Jahangir Hussain Mir, INC
Since 12 April 2015
Leader of House
Leader of Opposition
Shri Ali Mohammad Dar, JKNC
Structure
Seats 36
J&kcouncil.svg
Political groups
  PDP: 11 seats
  BJP: 8 seats
  NC: 8 seats
  INC: 7 seats
  Vacant: 2 seats
Meeting place
Jammu and Kashmir Legislative Council
Website
http://jklegislativecouncil.nic.in

The Jammu and Kashmir Legislative Council (also known as the Jammu and Kashmir Vidhan Parishad) is the upper house of the legislature of the Indian state of Jammu and Kashmir; the lower house is the Legislative Assembly of Jammu and Kashmir. The Jammu and Kashmir State Legislature consists of the Governor, Legislative Assembly and Legislative Council.[1]

History

The first legislature of the kingdom that is now the Indian state of Jammu and Kashmir was established by the government of the Maharaja of Kashmir Hari Singh in 1934.[2] In 1957, according to the Legislative Councils Act by the Parliament of India and a new constitution was adopted by the constituent assembly, a bicameral legislature system was founded.[1][2]

Membership and tenure

Largely governed by the Indian Constitution and acts of the Indian Parliament, the eligibility criteria for membership of the Legislative Council is:[3]

  1. The person must be a citizen of India.
  2. The person must be at least 30 years of age.
  3. Must possess the qualifications stipulated by any act of Parliament.
  4. The person must not hold any office of profit in the Union or state government(s), other than a ministerial position. If he does, he must resign from it upon election
  5. The person cannot be member any Vidhan Sabha, the Lok Sabha, or the Rajya Sabha
  6. Must be of sound mind and physical health, as determined by a court.

[3]

Members of the Legislative Councils serve a fixed six-year term.[3] One-third of the membership retires every two years, but members are eligible for re-election. Unlike the lower house, the composition of the council is not determined by direct popular vote. As per law, the council's membership cannot exceed 40 seats; currently the Jammu and Kashmir Legislative Council is composed of 36 seats, as per section 50 of the state constitution.[3][4]

Composition of Legislative Council

Legislative Council shall consist of thirty-six members, chosen in the manner provided in this section.

  1. Eleven members shall be elected by the members of the Legislative Assembly from amongst persons who are residents of the Province of Kashmir such that of the members so elected, at least one shall be a resident of Tehsil Leh and at least one shall be a resident of Tehsil Kargil.
  2. Eleven members shall be elected by the members of the Legislative Assembly from amongst persons who are residents of the Province of Jammu such that of the members so elected, at least one shall be a resident of Doda District and at least one shall be a resident of Poonch District.
  3. One member each shall be elected from the members of municipal council, town area committees and notified area committees in the Province of Kashmir and Jammu resptively (1(K) + 1(J) =Total two)
  4. Two members each shall be elected by the members of the Panchayats and such other local bodies in the Province of Kashmir and Jammu respectively (2(K) + 2(J) =Total four)
  5. Eight members shall be nominated by the Governor, not more than three of whom shall be persons belonging to any of the socially or economically backward classes in the State, and the others shall be persons having special knowledge or practical experience in respect of matters such as literature, science, art, co-operative movement and social service.

[3]

Functions

The Legislative Council serves two sessions - budget and monsoon.[5] However, it can be convened at any time by the state governor. It lacks many of the powers and responsibilities that are bestowed to the Legislative Assembly.[3] While any form of legislation save those concerning financial appropriations may originate in the council, the lower house is the source of most legislation, which upon passage is forward for approval by the Legislative Council.[3] In addition, it is required to decide an appropriations bill sent from the Legislative Assembly within 14 days.[3][4] Legislation not concerning appropriations has to be decided upon within three months.[3][4] Whether a bill is an Ordinary Bill or a Money bill, is decided by the Speaker of the Vidhan Sabha. However, the Vidhan Sabha does enjoy some amount of power.

  1. It is not subject to dissolution. It is a permanent House.
  2. It is highly specialised and professional
  3. It can send bills back for reconsiderations, with or without recommendations
  4. it can delay bills for a maximum of six months (two considerations), by which time the Vidhan Sabha may withdraw the bill

Current members

SNo NAME OF MEMBER Constituency Party Position Term Commences Retirement Status
1 Hussain Shri Master Noor Assembly - Jammu J&KNC 20-04-2011 19-04-2017
2 Sharma Shri Jugal Kishore Assembly - Jammu INC 26-03-2012 19-04-2017
3 Blowria Smt. Rani Gargi Assembly - Jammu INC 17-03-2013 16-03-2019
4 Firdoos Ahmad Tak Assembly - Jammu PDP 03-03-2015 16-03-2019
5 Sharma Shri Yash Pal Assembly - Jammu PDP 17-03-2013 16-03-2019
6 Surinder Kumar Choudhary Assembly - Jammu PDP 17-03-2015 16-03-2021
7 Charanjeet Singh Assembly - Jammu BJP 17-03-2015 16-03-2021
8 Vibod Gupta Assembly - Jammu BJP 17-03-2015 16-03-2021
9 Sajad Ahmad Kichloo Assembly - Jammu J&KNC 17-03-2015 16-03-2021
10 Gupta Shri Naresh Kumar Assembly - Jammu (Doda) INC 17-03-2013 16-03-2019
11 Mir Shri Jehangir Hussain Assembly - Jammu (Poonch) INC 20-04-2011 19-04-2017
12 Yasir Reshi Assembly - Kashmir PDP 03-03-2015 19-04-2017
13 Singh Sardar Dharam Bir Assembly - Kashmir J&KNC 20-04-2011 19-04-2017
14 Veeri Dr. S Bashir Ahmad Assembly - Kashmir J&KNC 20-04-2011 19-04-2017
15 Andrabi Syed Naeem Akhtar Assembly - Kashmir PDP 17-03-2013 16-03-2019 Minister for Education
16 Sofi Yousuf Assembly - Kashmir BJP 03-03-2015 16-03-2019
17 Ganai Shri Showkat Hussain Assembly - Kashmir J&KNC 17-03-2013 16-03-2019
18 Parrey Shri Mohammad Muzaffar Assembly - Kashmir INC 17-03-2013 16-03-2019
19 Qaiser Jamshed Lone Assembly - Kashmir J&KNC 17-03-2015 16-03-2021
20 Javed Ahmad Assembly - Kashmir PDP 17-03-2015 16-03-2021
21 Anayat Ali Assembly - Kashmir (Kargil) PDP 17-03-2015 16-03-2021
22 Chering Dorjay Assembly - Kashmir (Ladakh) BJP 17-03-2015 16-03-2021 Minister for Cooperatives
23 Vacant Local Bodies - Jammu from 16-10-2011 caused due to retirement of S. Arvinder

Singh.

24 Vacant Local Bodies - Kashmir from 28-12-2008 caused due to election of Shri Nizam-ud-din

Bhat as MLA.

25 Bhagat Shri Sham Lal Panchayat - Jammu INC 07-12-2012 06-12-2018
26 Ganai Dr.(Ms.) Shehnaz Panchayat - Jammu J&KNC 07-12-2012 06-12-2018
27 Dar Shri Ali Mohammad Panchayat - Kashmir J&KNC 07-12-2012 06-12-2018
28 Monga Shri Ghulam Nabi Panchayat - Kashmir INC 07-12-2012 06-12-2018
29 Zafar Iqbal Manhas Nominated PDP 09-04-2015 08-04-2021
30 Ashok Khajuria Nominated BJP 09-04-2015 08-04-2021
31 Vikramaditya Singh Nominated PDP 09-04-2015 08-04-2021
32 Ramesh Arora Nominated BJP 09-04-2015 08-04-2021
33 Saif-ud-din Bhat Nominated PDP 09-04-2015 08-04-2021
34 Ajatshatru Singh Nominated BJP 09-04-2015 08-04-2021
35 Mohammad Khursheed Alam Nominated PDP 09-04-2015 08-04-2021
36 Surinder Mohan Ambardar Nominated BJP 09-04-2015 08-04-2021

Party-wise strength of Members in J&K Legislative Council

  1. Jammu and Kashmir People’s Democratic Party—11
  2. Bhartiya Janata Party—08
  3. Jammu and Kashmir National Conference—08
  4. Indian National Congress—07
  5. Vacancies:- 2 seats (Local Bodies).

Total Strength—36

Office bearers

The Legislative Council is headed by a Chairman and Deputy Chairman chosen by members of the councils. The "Leader of the House" is the leader of the party (or coalition) holding the most number of seats in the council. The "Leader of the Opposition" represents the second-largest party or coalition. The present office-bearers are:[5]

  • Chairman:Haji Inayat Ali (PDP)
  • Deputy Chairman:Jahangir Hussain Mir INC
  • Leader of the House: Naeem Akhtar (PDP)
  • Leader of the Opposition: Ali Mohammad Dar JKNC
  • Secretary: Abdul Majid Bhat

References

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