Restrictions lifted from most parts of Kashmir, private vehicles on roads in Srinagar
Srinagar: Restrictions were lifted from most parts of Kashmir on Wednesday and some areas in Srinagar city witnessed an increased presence of private transport leading to traffic jams but schools remained closed and public transport was off the roads, officials said.
The city witnessed increased movement of private vehicles on Wednesday leading to traffic jams at several places on the Karan Nagar-Batamaloo-Lal Chowk-Dalgate axis, the officials said.
They said few auto rickshaws and inter-district cabs were also seen plying in some areas of the city.
The officials said restrictions have been lifted from most areas of the valley, but security forces continued to be deployed to maintain law and order.
The restrictions were re-imposed in parts of the valley on Tuesday to prevent any procession in the city and elsewhere in the valley on the tenth day of Muharram. The curbs on the movement of people in some parts of the valley are imposed every year on the eight and the tenth day of Muharram to prevent any processions.
Restrictions were first imposed across the Kashmir on 5 August when the Centre announced its decision to abrogate Article 370 of the Constitution and bifurcate the state into two Union territories. The restrictions were lifted in phases from many parts of the valley as the situation improved with passage of time.
However, the authorities have been imposing restrictions in vulnerable areas of the valley every Friday, apprehending that vested interests might exploit the large gatherings at big mosques and shrines to fuel protests.
Friday prayers have not been allowed at any of the major mosques or shrines in the valley for the past one month now. Meanwhile, normal life remained severely affected in Kashmir due to shutdown which entered 38th day on Wednesday.
Markets and other business establishments remained closed, while public transport was off the roads across the valley, the officials said.
The efforts of the state government to open schools have not borne any fruit as parents continued to keep children at home due to apprehensions about their safety.
Most of the top-level and second rung separatist politicians have been taken into custody while mainstream leaders including three former chief ministers Farooq Abdullah, Omar Abdullah and Mehbooba Mufti have also been either detained or placed under house arrest.
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Resolution for his removal: Speaker Birla to be present in House but not chair proceedings
New Delhi (PTI): The Lok Sabha will witness a rare moment most likely on Monday next when Om Birla will not chair proceedings but will be seated amongst the members as the House takes up a notice seeking his removal from office.
As Parliament meets for the second phase of the Budget session on March 9, the Lok Sabha is likely to take up the resolution moved by the opposition against Birla's for allegedly acting in a "blatantly partisan" manner.
According to the rules and laid down procedure, Birla will get a right to defend himself when the resolution is discussed by the lower house. He will also have the right to vote against the resolution, Constitution expert P D T Achary explained.
The expert said while Birla will not chair the proceedings when the resolution comes up before the House, he will be seated in the prominent rows in the Treasury benches.
At least 118 opposition members had submitted a notice for moving the resolution to remove Birla from office for not allowing Leader of Opposition (LoP) Rahul Gandhi and other opposition leaders to speak in the House on the Motion of Thanks to the President's address, as well as for suspending eight MPs.
Congress member and chief whip K Suresh submitted the notice to the Lok Sabha secretariat on behalf of several opposition parties, including his party, Samajwadi Party and DMK.
TMC MPs, however, did not sign the notice.
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Achary, a former Lok Sabha secretary general, told PTI, that the "allocation of the seat, which the Speaker occupies under such circumstances is not mentioned in the Rules".
He said Birla will also not be able to vote on the resolution using the automated vote system, but will have to fill a slip to register his vote.
He presumes that a seat belonging to a Union minister, who is from the Rajya Sabha, could be given to him as only Lok Sabha members will be able to cast their votes for or against the resolution.
Deputy speaker of the Lok Sabha and deputy chairperson of the Rajya Sabha have their earmarked seats in their respective Houses when they are not presiding over.
Front seats in the opposition benches are allocated to them.
Article 96 of the Constitution bars a speaker or a deputy speaker from presiding over the House sitting while a resolution for his removal from office is under consideration.
The speaker has a constitutional right to defend himself in the House if the resolution is discussed in the Lok Sabha.
At least two Lok Sabha members have to sign the notice to move a resolution for the speaker's removal. Any number of members can sign the notice but a minimum of two is mandatory.
The speaker can be removed from office by a resolution passed by the House through a simple majority.
Article 94C of the Constitution has provisions for such a move.
"All the members of the House are counted to compute the majority, not the members present and voting, which is the normal practice. It means the effective membership of the House, except for the vacancies, is used to calculate the majority," Achary said.
The notice has to be submitted to the Lok Sabha secretary general, and not the deputy speaker or anyone else, he said.
The document is then examined at the preliminary stage to see whether it contains "very specific charges", he said.
"At the threshold itself, there is a process of admissibility. At that stage, it is seen whether it contains specific charges. Specific charges are required as only then the speaker will be able to respond," Achary explained.
The resolution must not contain defamatory language or content.
Article 96 gives the speaker the opportunity to defend himself or herself in the House.
The language of the proposed resolution is usually examined by the deputy speaker, but since the present Lok Sabha does not have a deputy speaker, it may be examined perhaps by the senior-most member of the panel of chairpersons.
The panel helps the speaker run the House in his or her absence.
"The speaker examining a resolution that seeks his removal looks absurd," Achary said, adding that the rule is silent on the subject.
Once the processing part is over, the resolution reaches the House. But it can go to the House after 14 days, Achary said.
The chair then places it in the House for consideration. It is actually the House which admits it, or as the rule says, "grants permission".
Achary further said, "The chair then asks members in favour of the resolution to stand up. If 50 members stand up in support of it and if the criteria is fulfilled, the Chair announces that the House has granted permission. Once the House grants permission, it has to be taken up for discussion and disposed of within 10 days."
Lok Sabha sources said it will be taken up for discussion on Monday itself.
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There are precedents of resolutions being moved. However, none has been adopted so far.
"The reason -- governments have a majority," Achary said.
The resolution alleges that Speaker Birla had acted in a "blatantly partisan" manner in conducting the business of the House and "abused" the constitutional office he occupies.
The Opposition also accused the speaker of making certain false allegations against members of the Congress.
Three Lok Sabha speakers -- G V Mavlankar (1954), Hukam Singh (1966) and Balram Jakhar (1987)-- had faced no-confidence motions in the past, which were negatived.
