Lok Sabha passes TRAI Amendment Bill, Nripendra Misra to be PM's principal secretary

New Delhi: A bill to remove legal hurdles in the appointment of former TRAI chief Nripendra Misra as principal secretary to the Prime Minister was passed in Lok Sabha on Monday, with Congress, RJD, AAP and RSP opposing it and Trinamool Congress making a volte-face on the issue.

Replying to a discussion during which the government came under attack, Minister for Law and Telecom Ravi Shankar Prasad said the focus of the measure was to remove "a palpable anomaly" as the existing law provided that a former TRAI Chairman could take up private job two years after retirement but not a government job.

Other regulatory bodies like Competition Commission, Airports Economic Regulatory Authority and SEBI do not have such provision, he said, adding the government decided to amend the law to bring parity.

The bill was later passed by a voice vote after walkout by Congress, RJD, AAP, RSP and CPI-M.

The discussion saw those opposing the Telecom Regulatory Authority of India (Amendment) Bill to replace an ordinance walking out of the House but maintaining that they are not casting any doubt on the integrity and honesty of the person concerned but were against the flouting of democratic norms and procedures.

The bill replaces an ordinance issued on May 28 to amend a clause in the TRAI Act by which Misra could not have been appointed to any government post after retirement.

The ordinance amends this section to read as: "The chairperson and the whole-time members shall not, for a period of two years from the date on which they cease to hold office as such, except with the previous approval of the central government, accept "(a) any employment either under the central government or under any state government; or "(b) any appointment in any company in the business of telecommunication service."

Misra, a 1967-batch retired IAS officer of Uttar Pradesh cadre who retired in 2009, joined the PMO the same day the ordinance was promulgated and the bill was being brought to give his appointment the requisite legal backing.

The principal secretary to the PM is a key post and acts as main link for coordination among Prime Minister's Office, cabinet secretariat and secretaries of ministries.

TMC leader Sudip Bandopadhyay, whose party had opposed the bill last week, supported the measure saying the Prime Minister had "the right to appoint any officer who he feels fit...in the greater interests of better governance."

His party colleague, Saugata Roy, had last week opposed the bill saying it was being brought "merely to give a government job to a superannuated TRAI Chairman, thereby taking away the independence of TRAI."

Roy was not present in the House on Monday. Parliamentary Affairs Minister M Venkaiah Naidu had apparently reached out to various opposition parties for their support.

AIADMK leader M Thambidurai also supported the measure, prompting Congress leader Mallikarjun Kharge to say "I don't know what compulsions they had" for taking such a stand.

Reacting to this, Thambidurai immediately stood up to say that the Prime Minister had "made a choice and there is no need to oppose it."

Moving a statutory resolution disapproving the TRAI bill, Adhir Ranjan Chowdhury (Cong) accused the government of "transgressing the domain of the legislature" by issuing an ordinance to give legal backing to Misra's appointment.

The appointment "was conceptualised at a lightning speed, smacking of a hidden agenda. This will not augur well for democracy," he said, asking "whether it was done to have a quid pro quo or was it in public interest" to issue the ordinance.

"Our Prime Minister should not be seen kowtowing to his ego by resorting to the ordinance route. Heavens would not have fallen if the appointment was done through legislation," he said, asking, "What warranted you to bulldoze the golden path of legislature procedure."

Chowdhury said this was the "first instance" of making an appointment through ordinance, "despite the government having a majority in the House. What was the extraordinary situation which led the government to bring the ordinance?"

Countering Chowdhury, Rajiv Pratap Rudy (BJP) said there was an "anomaly" which was rectified by the government.

"We got complete majority. The Prime Minister felt that this man was needed in the government...Why should we ignore merit? Earlier, the bureaucracy was crest-fallen...we can take any decision to encourage merit," Rudy said.

Aam Aadmi Party member Dharam Vira Gandhi said while his party did not have any problem with the individual who was appointed, "we are opposed to the manner in which this appointment has been carried out."

He also claimed that the person concerned "headed TRAI between 2006-09 which is the period in question", indicating the telecom scam.

While Pappu Yadav (RJD) wanted the bill to be withdrawn, N K Premachandran (RSP) supported the demand saying Misra's appointment, the passage of the Andhra Pradesh Reorganisation Bill and the recent rail fare hike "show that Parliament is not being given due respect and consideration, even in respect of financial matters."

Before the Ordinance was promulgated, TRAI Act prohibited its chairman and members from taking up any other job in central or state governments after demitting office. To circumvent this section, the Modi government promulgated an ordinance amending this section.

The principal secretary to the PM is a key post and acts as main link for coordination among Prime Minister's Office, cabinet secretariat and secretaries of ministries.