Announcing the promulgation of an ordinance to pass any bill in the
parliament and, which is needed for the benefits of one and all, is definitely
advisable. But some legal experts term
this as a “constitutional terrorism”.
Now what the treasury bench can do?
The last session of Rajya Sabha was so much pervaded with almost similar
to hooliganism of the opposition forces
that makes Modi also look weak
and hobbled.
Under this crippling condition of the treasury bench’s members in
the upper house of the parliament, Modi has no choice except to take the course
of action of issuing 8 no’s of ordinances successively As of now, considering the ruling of past
fourteen Prime Ministers, Indira Gandhi issued 208 ordinances followed by her
father J.L. Nehru, who issued 200 ordinances in their total periods of 5825 and
6126 days of ruling respectively.
Lal Bahadur Shashtri issued only nine ordinances in his ruling of
581 days, whereas the last Prime Minister Man Mohan Singh had issued 61
ordinances in his ruling of ten years.
The hoggish attitude of the opposition forces, which hampers the progress
of utmost importance with respect to various reformative measures; they stalled
the last session of the parliament and ultimately provoked Modi-led NDA
government to issue the ordinances.
Whether the issuance of this ordinance is good or bad, it is a
political weapon used by almost all the Prime Ministers. The bills related to FDI cap in the insurance
sector and coal block auction were not allowed to be discussed in the last
Rajya Sabha session keep aside passing the same. But if this situation is going to continue,
then this government has no other choice, but to adopt this tactful decision
again and again.
Modi has a different syndrome as compared to India Gandhi and J.L.
Nehru as they both have no problem of numbers in Rajya Sabha because in those
days, Congress was the only party dominating the political environment. Despite their thorough administrative power
and authoritative control of the working in the Parliament, they also issued ordinances
just to pass various bills without waiting for the next parliament session.
In the case of the present government, they are somewhat walking on
a tight rope on the slippery path of quarrelsome
and trouble creators in Rajya Sabha and so Modi is issuing ordinances to increase
the speed of the reforms for the benefit of the country and its people.
The ordinance is an important instrument for the government to pass
any bill in the parliament when the same is not passed in both the houses. But
there is no need to issue any ordinance hurriedly in between the adjournment
period of the two sessions. Modi has issued these ordinances without waiting
for the next session of the parliament.
Firstly, he has released the ordinance for increasing the cap in the
insurance sector and then coal block auction.
Similarly, he has almost finalized the plan to issue the ordinance to
regularize the E-rickshaw in Delhi followed by land acquisition act; speed up arbitration, then to ease the
visa related conditions for Non Resident Indians (NRIs) and the last one will
be the mineral related issues in tribal areas.
One thing is sure that Modi-led government has understood that
without issuing the ordinances, it is somewhat difficult to pass any bill and
then convert the same into legislation and so he has no other option. As per the constitutional norms, if one bill
is rejected in one house and not getting passed in another house, the joint
session of parliament can be called for, but Modi is not taking that course of
action in the beginning itself. Perhaps, he may be keeping the same as a last
resort. As per the plan of action which
is getting initiated by his government under his direction, he will go on
issuing these ordinances after getting passed all the bills in the Lok Sabha. Of
course,some of the bills are already passed in the Lok Sabha. But again, chaotic
situation will not make his government to pass all these pending bills in the
Rajya Sabha in the next session and it is also very clear in everybody’s mind that this
situation will be prolonged for a considerable period of time. Considering these facts, Modi is not
incorrect to issue ordinances to progress the passage of various bill well ahead the next session of
the parliament. The importance of
issuance of these ordinances is nothing but to speed up the reforms for
economic growth and push the progress of the market driven economy.
It may happen that all the bills, as stated above, after getting
passed in the Lok Sabha will again fail in the Rajya Sabha because of the opposition
parties disruption and in that case, Modi has to take the action of calling a joint session
of parliament under the intervention of the President of India. By any chance, if
all these bills are not getting ratified in the joint session of parliament,
then what would be the course of action?
That is why, the issuance of the ordinance is not at all a bad sequential action and even the Supreme Court
of India has not found any illegal measure considering the law into account.
One thing is very clear that ordinance raj is not a part of a good
governance, but when the members pertaining to the highest body of the country,
i.e. the parliament show rowdyism, hooliganism and not allow the houses to
function properly, then there is no other choice to the authority except to
call for an ordinance. As stated earlier, it is not a democratic instrument,
but still to set right the unruly members and stop the disruption of the house
at equal interval, this is the only method to be adopted for the benefit of the
people of the country.
No comments:
Post a Comment