#dnaEdit: On shaky ground

The intensifying protests against the land acquisition ordinance has forced the Narendra Modi government to concede that the issue is emotive for farmers. The ruling party also seems to have switched to making conciliatory noises towards the Opposition.. The BJP government finds itself against a range of political parties, civil society, and even the Sangh Parivar’s own farmers’ outfit — the Bharatiya Kisan Sangh. Despite parliamentary affairs minister Venkaiah Naidu’s overtures to Sonia Gandhi, the Congress has announced its resolve to oppose any dilution of an Act over which it claims proprietary rights. Anti-corruption crusader Anna Hazare is in the Capital for a two-day protest against the ordinance. The Aam Aadmi Party has launched a salt campaign against the ordinance in neighbouring Haryana. It is no longer about the BJP’s lack of numbers in the Rajya Sabha. The BJP cannot but find itself wary of robust protest movements building up outside Parliament that could assume the dimension of earlier protests faced by central and various state governments on the Lokpal and land acquisition issues.

It has virtually become a ‘tradition’ now for ruling parties to promulgate ordinances to ease the task of later shepherding difficult legislations in Parliament. Compared to a Bill, the parliamentary Opposition faces the handicap of opposing a law that is already in effect in the case of an ordinance. Past UPA and NDA governments have opted for the ordinance route on important legislations like the now-repealed Prevention of Terrorism Act and the Food Security Act. If it was  merely about overcoming parliamentary opposition, the Modi government had the wherewithal to call a joint session of Parliament to enact the legislation. But what has complicated matters is the potential of the issue spiralling into larger protests outside. The central government has proceeded on the simplistic notion that the current land acquisition law places far too many constraints on easy acquisition of land. But there is considerable nervousness among farmers about exclusions made to the consent clause and forgoing the social impact assessment for several key sectors. What is clearly needed is a robust debate in Parliament about the pros and cons of land acquisition. Crucial distinctions have to be made between small and big projects; fallow, single-cropped and multi-cropped land; between landowners, sharecroppers and farm labourers; and on deciding the consent quotient of affected landowners.

The first opportunity for debate presented itself in the last Lok Sabha when the UPA repealed the colonial-era land acquisition law and introduced its own version of the legislation. The BJP, which allowed the legislation to pass unanimously then, has now made a U-turn. Its excuse has been based on complaints from state governments, including Congress-ruled ones, about the Act’s stifling provisions. But where the BJP has erred was in choosing the ordinance route. Allowing these objections and other contentions to find their voice in Parliament would have given legitimacy unlike the unilaterality of ordinances. The AAP’s victory in the Delhi polls has clearly emboldened the Opposition to make greater common cause against the government. But for the BJP the bigger worry is that the electorate, especially the poor, is not too enthused by such pro-industry measures, while the industry is unhappy at the slow pace of economic reforms. As demonstrated before, Anna has the ability to become the face of public protests. Having shed his aversion to political parties, the Gandhian activist has already won the Congress’ support for his agitation and is courting ex-protégé Arvind Kejriwal. This could make Anna a potent force again and pose an immediate headache to the Centre. Land acquisition is a political quagmire as Buddhadeb Bhattacharya and Mayawati will testify; the Modi government must therefore proceed with caution in this significant matter.