Ordinance Raj should serve as Alarm for constitutional and allied reforms
JANUARY 10, 2015
By TIOL Edit Team
THE Opposition's hue and cry against Modi Government's Ordinance Raj deserves scrutiny. The Government's excessive reliance on this soft and democracy-compromising option thus calls for both condemnation and national introspection. NDA Government has acted like any of its predecessors right from Independence in misusing this constitutional provision for Presidential Ordinance. The provision was slipped into the Indian Constitution as a legacy of the British Raj.
The country needs to introspect over misuse of Ordinance provision as this might lead to ushering in constitutional, legislative, electoral and governance reforms.
Modi Government has issued eight Ordinances starting with the frivolous one -The Telecom Regulatory Authority of India (Amendment) Ordinance, 2014, which was issued on 28th May. It was meant to facilitate appointment of ex-TRAI chief Nripendra Mishra as Principal Secretary to the Prime Minister and for the latter to get an advisor of his choice.
The founding fathers of the Indian Constitution did not visualise that the provision for ordinance would be misused to promote the interest of a retired civil servant!
Modi Government did not learn from the criticism over TRAI Ordinance. It thus subsequently belittled the role of the Legislature by issuing a slew of ordinances, the last being - The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance, 2014.
This land acquisition law is too contentious and thus should not have been amended through Ordinance. When BJP was in the Opposition, it should have opposed the growth-inhibiting features of the law.
More condemnable is the re-promulgation of coal ordinance named The Coal Mines (Special Provisions) Second Ordinance, 2014 on 26th December 2014. This was done after the first ordinance-turned-bill named The Coal Mines (Special Provisions) Bill, 2014 was passed by the Lok Sabha on 12 th December. This Bill was listed for introduction and passage in Rajya Sabha on 23 rd December, which was the last day of the Winter Session of Parliament.
On the same day, the agenda for Rajya Sabha included a resolution drafted by four Opposition MPs. It reads as "That this House disapproves the Coal Mines (Special Provisions) Ordinance, 2014 (No.5 of 2014) promulgated by the President of India on 21st October, 2014."
The cannons of good democracy required Modi Government to accept the Opposition challenge in Rajya Sabha. NDA should have engaged the opposition parties in a robust debate on the Ordinance and other legislative agenda. The former, however, preferred to let the former protest for several days in a row over the misdeeds of fringe elements of Sangh Parivar.
If BJP-led NDA finds itself in minority in the upper house, it should have the courage and grace to accept the defeat of its bills. This would have paved the way for joint sitting of both houses of Parliament for passage of bills.
The Constitution should, however, be amended to simplify the process for joint sitting of both houses of Parliament for passage of bills that are rejected by one House or the other.
When it is clear that the ruling alliance/party has robust majority in Lok Sabha but lacks the requisite numbers in Rajya Sabha, then the ruling alliance should have the right to straightaway ask for joint sitting to expedite the legislation.
Such an amendment would be in keeping with the popular mandate that the electorate delivers through the Lok Sabha polls. The electorate has decisively voted for economic growth and jobs. Both Modi Government and the Opposition should not disrespect this mandate.
The Legislative business should also be lightened by opting for a fewer new bills and consolidation of existing laws in keeping with the quest for one law for sector or one domain.
Third, the Constitution and Parliamentary procedures should be altered to provide for more sittings by both the houses of Parliament and for productive use of time. The Speaker/Chairman should not hesitate a bit in suspending rowdy and uncivilized members, who are a disgrace to democracy.
The Constitution should also be amended to curtail the powers of the Executive in promulgating ordinances keeping in Supreme Court's verdicts on this issue over the decades.
The last but not the least the Constitution should be amended for recall of disgraced or incompetent elected representatives by the electorate. Parliament should be allowed to become a symbol of anarchy and political opportunism. Let the democracy and the rule of the law prevail for the benefit of the masses.
