Yet another special session from July 4 to July 6 to discuss Goods and Service Tax (GST) Bill is beginning today in the absence of any consensus between the government and the opposition parties backed by trading bodies and civil society groups. The possibilities of consensus on GST are far from reality as Finance Minister Haseeb Drabu last week announced the safe passage of the GST bill in the assembly as if the government had reached consensus over the issue with the mainstream opposition political parties, trading bodies and civil society groups. In fact the declaration of the Finance Minister Haseeb Drabu about the possibility of passing the GST bill in the assembly on July 6 has irked that mainstream opposition political parties, trading bodies and civil society groups to the extent that they have threatened non cooperation in the implementation of GST to the dead end even after its passing by the assembly. Tough PDP- BJP Government has numbers sufficient enough to pass GST legislation in both the houses of the state legislature but implementation can hit many road blocks when it comes to implement the new tax regime on the ground. After all government has to bear in mind that non cooperation by the traders in the implementation of the GST would complicate the process of financial transactions even for the government. Interestingly PDP is facing stiff opposition to the idea of implementing the GST legislation in its present form even within the party as senior PDP leader and Member Parliament Muzaffar Hussain Baig heading the All Party Consultative Committee (APCC) on GST has went on record to say “If New Delhi refuses to ensure safeguards to protect the state’s fiscal autonomy and Article 370 under the new tax regime, then separation of the alliance partners, PDP and BJP, was a possibility. Whether the Centre agrees to these suggestions, I don’t know.
Bigger worry for the Mehbooba government is that traders of Kashmir and Jammu continue to tread diametrically opposite paths. The Kashmiri traders are holding protest demonstrations against the GST and the Jammu traders are holding protest demonstrations for GST. By all standards of understandabilities the PDP-BJP Government is finding itself in a dilemma .
I have given my suggestions. But my point is that the Centre should look at this with right intention and not oppose it. This is in the Agenda of Alliance that the present constitutional position of the state will be maintained. We will come to know when the proposal will go to the cabinet which comprises of BJP as well and if they don’t oppose it in the cabinet, thameans the Centre will also have no problem with it.If they (Centre) don’t agree, then how can state agree to it (GST) and then it can lead to separation (of PDP and BJP).There should be a provision that will make it mandatory on the GST Council, which has powers to decide the tax rates, to seek prior permission of the state government on tax proposal, under Article 370 in case the proposal isn’t acceptable to the State. This way both Article 370 of Constitution of India (that accords special position to J&K) as well as constitutional autonomy under section 5 of Jammu & Kashmir Constitution are preserved,” he said while explaining what the PDP meant by constitutional safeguards”. The insiders in the PDP ask the PDP top brass to explain that will the BJP government at the Centre endorse these safeguards? .For, these safeguards could be provided only if both the constitutions – Indian Constitution and Jammu & Kashmir Constitution – are further amended. The Government of India will have to amend the GST Act and the Jammu & Kashmir Government will have to amend section 5 of the Jammu & Kashmir Constitution. Obviously the incumbent Central Government cannot come to the rescue of the Mehbooba government this time, as it would open a pandora’s box. Another bigger worry for the Mehbooba government is that traders of Kashmir and Jammu continue to tread diametrically opposite paths. The Kashmiri traders are holding protest demonstrations against the GST and the Jammu traders are holding protest demonstrations for GST. By all standards of understandabilities the PDP-BJP Government is finding itself in a dilemma .
