Srinagar: The Resolution on GST was passed by both the Houses of Legislature Wednesday amid assurance from the Finance Minister, Dr Haseeb Drabu that implementing Goods and Services Tax (GST) in J&K under the ambit of Article 370, ensuring adequate safeguards for the State’s Special Status and protecting Consolidated Fund and special taxation powers of the State Government are proposed to be incorporated into the Presidential Order for bringing Jammu and Kashmir under the ambit of the new tax regime.
Responding to the concerns of the legislators in J&K Assembly who spoke about the new indirect tax regime over the last two days, Finance Minister, Dr Haseeb Drabu said under no circumstances will the State Government amend the Section 5 of Constitution of J&K which gives it special taxation powers. He said such a move will open a Pandora’s Box which will have implications on the Special Constitutional Position of J&K in future.
“We are proposing that the Article 370 shall not be compromised in any way through the Presidential Order. The GST Council should not be a way to subvert the process and enough safeguards are built to empower the constituents of J&K in the Council. Besides, the exclusive powers of the State to tax and the Consolidated Fund of J&K shall not be impaired,” he said.
Expressing concern about declining trade in J&K due to uncertainty over GST, Dr Drabu said only 1000 truckloads of goods crossed the Lakhanpur Toll Post on July 4, down by half when compared with the figures of the corresponding period of last year. “The exports have also halved with only 150 truckloads of goods moving from J&K to other states. This is adversely impacting our trade and economy,” he said.
The Finance Minister said the State Government is not under any pressure to extend GST to Jammu and Kashmir. “We are not working under compulsion but for the restoration of certain processes and constitutional morality which lays foundation of a true democracy. It is the biggest tragedy of our time that we have lost our tradition of dialogue which is why we brought the resolution for GST to the House to revive that culture of consultation. We wanted a consensus on the issue,” he said.
Dr Drabu said the resolution on GST, which was passed by the House Wednesday, is a statement of a principle. “The sense of the House is that no one has issues with GST per se. There might be differences with modalities of applicability which is why we want this law to be backed by the State Government and legislative process so as to prevent any harm to the consumers and trade without compromising on the State’s special position,” he said.
Hitting out at the Opposition for making an issue out of a non-issue, Dr Drabu said the new indirect tax regime is the biggest democratization of public funds in the world and J&K, being a consumer state, will immensely benefit from it.
“We are not touching the Constitution of J&K, so where is the question of violation of basic structure of constitution? Under previous regimes, 94 out of 97 items in union lists have been made to apply to J&K. The Opposition can’t keep on deceiving people by trying to create misconceptions vis-à-vis JK’s Special Status. The Congress issued Presidential Order in 1986 to essentially make laws for the state. After the 1986 ordinance which was effectively the withdrawal of residuary powers of the state, three months later, National Conference formed the Government in the State with Congress,” he said.
The Finance Minister said the GST Council is the first truly federal institution in the country which strikes at the roots of Indian federalism. “India is moving from coercive to cooperative federalism. The Opposition is selectively looking at the loss of powers of states but not one is looking at the loss of powers of union to the GST council,” he said.
Dr Drabu said the Article 370, which gives Special Status to J&K under Indian Constitution, should be protected and used for development of the state and for the empowerment of people. “Instead, it is being used as a tool to whip up political passions and draw political mileage. It is being used for creating fake controversies,” he said. Seeking to allay the fears of business community, he said industry exemptions and tax remissions will continue both from the Centre and the State Government under the new tax regime.
Reacting to the demand of the Opposition to bring a separate GST law for Jammu and Kashmir, Dr Drabu said alternative law will require amending Constitution of J&K and of India. “Amending Section 5 of J&K Constitution will open Pandora’s Box. Instead, what we are proposing is that the GST Council must come within the ambit of Article 370,” he said.
Later, the Finance Minister made similar assertions in the Upper House regarding GST.
After the assurance of Dr Drabu, both the Houses passed with voice vote the Resolution on extension of GST to J&K.
“This House resolves that the may give consent to the adoption of the GST regime by application of relevant amendments made to the Constitution of India in a modified manner to safeguard the existing special constitutional position of Jammu and Kashmir in the Union of India and the legislative powers under the Constitution of Jammu and Kashmir,” the resolution which was moved by Dr Drabu in the legislature Tuesday states.
Earlier, several members from both the treasury benches and the opposition participated in the debate in both Houses on GST Resolution.

Though PDP has been resisting temptations from opposition parties particularly National Conference and Congress on shelving party’s political agenda, but now the PDP Minister has been pushed to wall by BJP the ally.

Though several  PDP leaders  including the likes of  Syed Mohammad Altaf Bukhari and Peerzada Mansoor Hussain andwant Mehbooba have publicly challenged the contentions of BJP Chief  Amit Shah, BJP’s All India General Secretary Ram Madhav and senior BJP minister in the Mehbooba government Chander Prakash  Ganga to create an impression that PDP is not going to buckle under the pressure and give up its demand for dialogue with the separatist leadership in Kashmir and also the Pakistan government but the central government commanded and controlled by Prime Minister Narendra Modi has put Mehbooba’s PDP to a huge political embarrassment in Kashmir. PDP a Kashmir based party has been rendered faceless by the repeated statements of the top BJP leaders and Home Minister Rajnath Singh against dialogue with the separatist leadership in Kashmir and resumption of bilateral talks with the Pakistan government.  It was in the backdrop of this latest controversy that BJP’s General Secretary Ram Madhav in a meeting with  Chief Minister Mehbooba Mufti discussed the working of coalition government in the state, but PDP’s concern is the reconnection of the party cadres with the people at grass roots and more so the time when bye elections for Anantnag parliamentary constituency are scheduled to be held May 25.  Though PDP has been resisting temptations from opposition parties particularly National Conference and Congress on shelving party’s political agenda, but now the PDP Minister has been pushed to wall by BJP the ally.

Had these three contesting political parties PDP, National Conference and Congress been true to their words, the anger among youth won’t have fueled on the streets in Kashmir and hundreds of them won’t have fallen prey to pellets and bullets during last year’ unrest and summer unrest 2010.

While the PDP has the dubious distinction of denying a judicial probe to make a mockery of the justice delivery system in the state, the two main opposition parties National Conference and Congress too are equally responsible for the deepening Kashmir crisis and political instability in the state. The report cards of all the three contesting political parties National Conference, PDP and Congress is equally questionable and condemnable as the people know them by their actions. Now when these three main political parties are struggling for power in a worsening law and order scenario their leads tend to appease the voter by renewing the slogan they raised in election times in the past and divorced after taking over the reigns of power late. Had these three contesting political parties PDP, National Conference and Congress been true to their words, the anger among youth won’t have fueled on the streets in Kashmir and hundreds of them won’t have fallen prey to pellets and bullets during last year’ unrest and summer unrest 2010.

He wondered at the brazen attempts of Chief Minister Mehbooba Mufti underplaying the bloodshed and atrocities being committed upon the people, saying the 2016 killings, blindings and maiming of youth is unparallel in the history of Kashmir.

“What Kashmiris underwent in 2016 or are facing now is beyond comprehension and expression”, the Working President said while intensifying election campaign for the party president Dr Farooq Abdullah in Srinagar parliamentary constituency. He said PDP had pushed Kashmiri youth to the wall and robbing them of an opportunity to live with peace and dignity.

Mr Omar Abdullah said the anti-people policies of the PDP-BJP dispensation have brought Kashmir at the volatile cross roads of history where nothing is visible except uncertainty, fear and harassment. “The scenario across the Valley is so grim that the people are apprehensive about their safety with economic activity and development coming to grinding halt”, he said, adding that the spree of arrests has further vitiated the atmosphere. He said the current insensitive dispensation has exposed people to administrative inertia, as a result of which they were suffering on all fronts.

He asked the PDP as to what had happened to lofty promises of jobs for youth, repealing Armed Forces Special Powers Act, ensuring 24X7 drinking water and power supply and above all resolving political problem of Kashmir. He described PDP as dream merchants.

“Yes, if PDP can take credit of anything, it is strengthened of the unbridled forces with additional 5,000 pellet guns and seven lakh pellets to target Kashmiri youth”, he added.

The National Conference Working President said the promises made by the PDP during 2014 parliamentary and assembly elections, as also while forming the government in coalition with BJP have proved hoax. Those promises were just to hoodwink public opinion, as the PDP was never sincere to what it committed to the people. He cautioned the electors against machinations of the PDP-BJP duo saying they can go to any extent in remaining in the power.

Omar Abdullah expressed his gratitude to the people of Beerwah for reposing their trust in him during 2014 assembly elections and said most of the commitments made by him have been either fulfilled or taken up and underway. He said he will always remain in the forefront to solve the problems of his constituency.

Referring to the upcoming by-polls, Mr Omar Abdullah described these as an opportunity for oppressed people to punish the PDP for its betrayal and joining hands with communal forces. He said that National Conference has aligned with the Congress to foil the nefarious game-plan of communal forces which have made inroads in Kashmir due to courtesy of the PDP.

Mr Omar Abdullah said that befitting reply to PDP’s betrayal would be to vote and support the NC and Congress candidates from Srinagar and Anantnag parliamentary constituencies. He exuded confidence about magnificent success of Dr Farooq Abdullah from Srinagar with the active support of sagacious voters.
Mr Omar Abdullah along with senior leaders addressed workers at Alamnag, Poshkar, Sugan, Panziyara and Nasserpora. Mr Tanivir Sadiq, Professor Abdul Majeed Mattoo and Mr Mohammed Ibrahim, Block President also addressed the election meetings.