Unnerved at president Pranab Mukherjee voicing his objection to promulgate laws by taking the 'ordinance route', prime minister Narendra Modi-led government went into a huddle to discuss an alternative strategy. Senior ministers, including finance minister Arun Jaitley, parliamentary affairs minister Venkiah Naidu and home minister Rajnath Singh and six others met here to devise plans for seeking legislative approvals for the already promulgated ordinances as well as to convince the opposition to support other 56 bills currently being drafted to be introduced or sought to be passed in the Budget session, slated to start from February 23.
The government has issued at least 10 ordinances after failing to get a number of key legislations through the Rajya Sabha, where it is in a minority. At least six of these will lapse if they are not passed in the first part of the Budget Session. The first part of the session will end around third week of March, before Parliament breaks for a recess to resume again in mid-April.
President Mukherjee's no to further ordinances has spoiled government plans to counter opposition onslaught by brining ordinances and to summon a joint session of parliament to circumvent Rajya Sabha in order to seek approval of legislations. But it is believed that president Mukhrejee has also conveyed to the government to take recourse of joint session or ordinances only after exhausting the normal parliamentary route for each proposed law. That means, the government can summon a joint session, only if the legislation falls through in Rajya Sabha at the end of a proper debate and the exercise has to be repeated for every legislation.
The ministers deliberated upon the implications that some sectors like coal will have if the ordinances are not followed up by passage of bills in Parliament. Among the ordinances issued over past few months, included one on raising the FDI limit in the insurance sector from 26 per cent to 49 per cent and e-auctioning of coal mines. "The meeting discussed issues involving procedures to be followed for replacing ordinances with bills and the preparatory measures in the coming session in Parliament likely to begin in the third week of February," official sources said. The meeting also took note of the possible implications in the event of some of these Ordinances not backed up by Bills in Parliament. In case the Coal Ordinance is not approved by the Parliament, the proposed auctioning of the coal mines will go haywire.
Nothing new in factory of ordinances
1. In the last 62 years, 637 ordinances issues, on an average of 11 ordinances a year
2. During Congress rule, 456 ordinances were issued
3. Prime minister Jawaharlal Nehru approved 70 ordinances. He opposed ordinance during British rule, but supported provision of ordinance during Constituent Assembly debate.
4. Prime minister Indira Gandhi approved 77 ordinances, 3 ordinances every 2 months
5. Rajiv Gandhi during his tenure promulgated 35 ordinances.
6. All three PMs had no compulsion to use ordinance route, as they had full majority in both Houses of parliament.
7. P V Narasimha Rao approved 77 ordinances
8. United Front government supported by Left Parties approved just 61 bills, but approved 77 ordinances, three ordinances a month
"We discussed these Bills threadbare. I apprised them of the procedures to be followed, the earlier precedence and also the need to give advance notice before hand and getting translated into both languages, circulating copies etc," Venkiah Naidu said after the meeting.
Naidu said he tried to "familiarise them with the procedures and ask the secretaries to be ready by the first of the next month." Coal minister Piyush Goel, rural development minister Rao Birebdra Singh, agriculture minister Radha Mohan Singh, MOS for surface transport ministry Radha Krishnan Singh, steel and mines minister Narendra Singh Tomar, law minister Sadananda Gowda and all senior officials of the ministries concerned were present in the meeting.
As per the rules, an ordinance has to be converted into legislation within 42 days of commencement of Parliament session else it lapses and an Ordinance can be re-promulgated only three times. finance minister Arun Jaitley had cautioned the opposition that the country cannot wait even if one of the Houses of Parliament "waits indefinitely". He had also suggested that the government may go to the extent of calling a joint session if the House was again blocked in the next session.
Despite president's admonition, Naidu said the ordinances, were promulgated in the interest of the nation as there is a need for creating a favourable climate for investment."The government is aware of the constitutional provision of issuing Ordinances and converting them into the Bills. Some of these bills are already passed in Lok Sabha and they are pending in the Rajya Sabha," he said.
It is an extra-ordinary situation created by some of our Opposition parties by not allowing Parliament to function particularly Rajya Sabha. That has necesiated issuance of these ordinances," he said.
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