Ending suspense, Government today decided to prorogue the current session of Rajya Sabha so that it can re-issue the controversial land ordinance even as the Opposition mounted a fresh attack on the measure.
The Cabinet Committee on Parliamentary Affairs chaired by Home Minister Rajnath Singh met here today and decided to recommend prorogation of the Upper House with immediate effect.
Under the Constitution at least one of the Houses has to be prorogued for Government to issue an ordinance. Parliament is currently on a month-long recess after the Budget session started on February 23.
The land acquisition ordinance, which was promulgated in December last, will lapse on April 5 because it could not be converted into a law by Parliament.
The Ordinance had cleared the Lok Sabha hurdled but faced stiff opposition in Rajya Sabha, where the government lacks numbers. The bill to replace the Ordinance was passed in Lok Sabha with nine amendments and the government indicated its willingness to further amend it but a united Opposition did not allow the government to take up the matter in Rajya Sabha.
“The Cabinet Committee on Parliamentary Affairs today met and has decided to recommend prorogation of the Rajya Sabha with immediate effect,” Parliamentary Affairs Minister M Venkaiah Naidu told reporters after the CCPA meet.
External Affairs Minister Sushma Swaraj and Minister of State for Parliamentary Affairs Mukhtar Abbas Naqvi besides Naidu were there.
Asked when will the government bring the ordinance on land again as the existing ordinance will lapse on April 5, the minister said,”you will come to know when the decision is taken.”
The government had in December last year issued an ordinance to ease rules for acquisition of land for industries and other projects. This ordinance, according to rules, has to be converted into an act within six weeks of the convening of the next Parliament session.
The bill sailed through Lok Sabha but got stuck in Rajya Sabha before the Budget Session went into recess on March 20.
The Budget Session of Parliament began on February 23 and accordingly the land ordinance has to be converted into act before April 5, failing which it will lapse.
Parliament will reconvene on April 20 and the Budget Session will conclude on May 8.
Sources in the government meanwhile said that that there have been instances in past when ordinances were issued on pending bills even when Parliament was in session in some way.
The sources said that since 1996, 15 ordinances were re-promulgated of these seven were re-promulgated once and the other twice.
In order to buttress its point, the government is also citing referral to relevant court judgements in publication, “Practice and Procedure of Parliament”, referring to relevant court judgements.
“The action of the President in proroguing Parliament simply for the purpose of making an ordinance cannot be challenged and the courts have no power to question the jurisdiction either as to the occasion or purpose or the subject matter of and ordinance even if the ordinance is not made in good faith, except on the judicial ground of exceeding the legislative powers conferred on the Union by the Constitution.
“The President may issue an ordinance to either enforce the provision of a Bill introduced in, and pending before, a House or one of its Committees, or to enforce the provisions of a Bill already passed by one House and not yet passed by the other House or an entirely new matter to be replaced subsequently by a Bill to be brought before the House or for a purpose not requiring permanent legislation,” a sources said quoting such a referral.
–PTI