DC Debate: Taking the ordinance route shows BJP’s management failure

DC Debate: Taking the ordinance route shows BJP’s management failure
The escape route?
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Rashid Alvi Vs Shrikant Sharma
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Rashid Alvi: What was the need for hurry?

The Budget Session is not very far; it may be summoned by the third week of February and these bills could have been easily taken up at that time. The ordinances do not fulfil the urgency criteria.

The session of Parliament ca-me to an end on December 23. Many bills are pending before Parlia-ment, particularly am-endment to the Land Acquisition Act. But this amendment was pushed through ordinance route. The Bharatiya Janata Party does not have a majority in the Rajya Sabha and needs support of other parties to pass the bills. The onus of the bills getting stuck in the Rajya Sabha rests with the BJP and the government; it is their failure.

The responsibility of Parliament is not only to discuss important and urgent issues of public interest, but also to make laws. It will amount to degradation of the Constitution if the ruling government, unable to get a pending bill passed, enacts it through ordinance. In fact, it will be misuse of Article 123 of the Constitution wherein the President is empowered to promulgate ordinances during the recess of Parliament. The article states, “If at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinance as the circumstances appear to him to require.”

If any government fails to get the bills passed in Parliament, the Constitution does not give it the power to take the ordinance route. It’s a misuse of the Consti-tution; it definitely weakens our parliamentary democracy. This is the habit of the BJP to misguide the nation, as the Prime Minister cannot explain the urgency and necessity in promulgating ordinances. According to the Land Acquisition Act, if the government wanted to acquire the land of the farmers, the consent of the landowners to the extent of 80 per cent was required.

The concept behind this clause was to ensure that the interests of the farmers were protected. However, the government by diluting clauses, which were in the interests of the farmers clearly point out that the NDA is seeking to favour the corporate and builders at the expense of the farmers. It’s important to mention that the Budget Session of Parliament is not very far; it may be summoned by the third week of February and these bills could have been easily taken up at that time. The ordinances on land, insurance, law, and coal do not fulfil the urgency criteria.

If Prime Minister Na-rendra Modi had ap-peared before the Rajya Sabha and clarified his stand on the issue of religious conversions, these bills might have been taken up for discussion in the Upper House. Mr Modi’s clarification has become necessary in the light of the statements of the Rashtriya Swayam-sevak Sangh chief Mohan Bhagwat claiming that India would become a “Hindu rashtra”.

It must be noted that the RSS is the mother organisation of the BJP, the Vishwa Hindu Parishad and the Bajrang Dal. An Urdu couplet succinctly sums up the current state of affairs. Zulm bhi hota rahe, aur hoti rahe faryaad bhi baghban bhi khush rahe, aur khush rahe Sayyaad bhi (Injustice and prayer may continue together, gardener must be happy and so is the murderer.)

(As told to Manish Anand)
Rashid Alvi is a senior Congress leader

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Shrikant Sharma: We were left with no other option

In a parliamentary democracy, the Opposition has to play a constructive role. But by assuming an obstructionist role, they have again proved that they are not interested in solving the problems of people.

The National De-mocratic Allia-nce government led by Prime Mi-nister Narendra Modi has shown an uncompromising resolve and commitment to implement long-pending economic reforms, which are vital for India’s economic growth. By recommending three important ordinances to amend laws related to land acquisition, coal and insurance sectors, Mr Modi proved that any impediment to the path of economic reform will be immediately resolved.

The 10 years of United Progressive Alliance’s misrule — marked by corruption, scams and policy paralysis — left behind a crippled economy. In this environment, it was imperative for the NDA government to speed up the decision-making process and implement long-pending economic reforms so that a conducive atmosphere for investment and economic growth could be created.

For implementing these economic reforms, the government has to amend certain laws. These laws can be amended only by two ways: first, by introducing an amendment bill in the both Houses of Parliament or by recommending an ordinance for promulgation by the President of India.

The NDA government first tried to push the coal and insurance bills in the recently concluded Winter Session. The coal bill was passed by the Lok Sabha as government has majority in this House, but the Opposition became an obstruction in passing this important legislation in the Rajya Sabha. The Opposition also stalled the insurance bill in the Rajya Sabha.

NDA floor managers tried their level best to satisfy the Opposition by accepting their demands and incorporating the same in the bill. By stalling these key reforms, the Opposition parties stood against the development and national interest. In a parliamentary democracy, the Opposition has to play a constructive role. But by assuming an obstructionist role, the Opposition parties have again proved that they are not interested in solving the problems of people.

Thus, the government was left with no other option than to bring an ordinance. It signalled to the domestic as well as global investors that India cannot wait for economic reforms and development till infinity. The government has brought an ordinance to amend the Right to Fair Compensation and Transparency in. Land Acquisition, Rehabilitation and Resettlement Act, 2013. This ordinance will ensure a higher compensation for the farmers, who lose their land due to acquisition and speedy implementation of large stalled infrastructure projects.

The NDA government has issued these ordinances — under the provisions of the Constitution of India — in national interest. The Constitution provides for promulgation of an ordinance under Article 123. According to the constitutional provisions, an ordinance has to be approved by Parliament. Government will introduce these amendments in the next session of Parliament.

We hope that the Opposition will learn from the past and support these essential legislations. Because if that does not happen, then the government is left with no other option than to take refuge in the options available in the Constitution. If that circumstance arises, the government then can take these ordinances to a joint sitting of Parliament to implement these long pending economic reforms.

Shrikant Sharma is BJP national secretary