'Now, we are at the stage of financial business'

Saugata Roy (Dum Dum): Madam, my colleague N K Premachandran has lightened my burden. I do not have to refer to the rules nor do I have to refer to the Constitution of India, which Premachandran has referred to. I do not also have to refer to Kaul and Shakdher, which is a heavy book and difficult to carry in the House.

But I do not know how an experienced lawyer like (Arun) Jaitley is making procedural mistakes again and again. I mentioned in this House, when he put the Constitution (Amendment) Bill on GST (the Goods and Services Tax), that during financial business no other Bill can be put. Ultimately, he realised that my point was correct and he did not proceed with the discussion of the Bill.

Now, we are at the stage of financial business. Today also, (the) intelligent lawyer that he is, he must have learnt of my letter to you and he has written to withdraw these clauses. What Jaitley, the experienced lawyer, has done in the Finance Bill is totally in contravention of the rules of business and the Constitution. The mandate of a Bill is to give effect to the financial proposals of the Central government for the financial year 2015-16. So, simply, it would be proposals on direct taxes, excise, customs, service taxes and all exemptions only. This Bill should have contained only these items. For the last many years of our Constitution, that has been the shape of the Finance Bill. I do not know why Jaitley made the mistake of including one Public Debt Management Agency in Chapter VII. I do not know why he included in Chapter VIII a Senior Citizens' Welfare Fund and, why, in Chapter X, Part-2 and Part-3, he included amendments to the Forward Contract (Amendment) Act and the Securities Contract (Regulation) Act. You see Chapter IX, Part-2 and Part-3. Now, these are separate legislations. These cannot be part of the money Bill.

Premachandran has been a little harshly political. I will say it this way that the Lok Sabha has exclusive power to debate and vote on money Bills. The Rajya Sabha, of which Jaitley is a member, unfortunately does not have the power. But by this Finance Bill, he is taking away the rights of his own Rajya Sabha members because if you set up a Public Debt Management Agency, there should be a separate legislation. It should be passed by both the Houses of Parliament. If you set up a Senior Citizens' Welfare Fund, there should be a separate legislation. It should be passed by both the Houses. Then, the Rajya Sabha will have the power to debate on it and vote on it. Then, if you amend the Reserve Bank of India Act, 1934, or the Forward Contract (Regulation) Act or the Securities Contract Act - all these would be passed by the Lok Sabha and then they go to the Rajya Sabha. As far as our tax proposals are concerned, the Rajya Sabha has no right. So, in this process, he has done that.

But I am happy that he woke up late to the big mistakes that he has made. Suddenly, before we raised our point of order, you read this important announcement saying that government will take out all these Chapters. But this late-night operation and last-moment thinking do not create a good impression about the government. This is not how a government should operate. Again, Premachandran has pointed out that. This morning, we received a sheaf of documents - all amendments to the Finance Bill. Yesterday, I was told that the last time for submitting amendments to the Finance Bill was 3.30 p m. So, I said, I will not move amendments because the Finance Bill is defective and it should be taken out.

Lo and behold, at 8.30 in the morning I received a bulk of amendments from Jaitley. I know we can all make mistakes. I am not saying anything. I think that the best course of action and the most honourable one would be for Jaitley to withdraw the Finance Bill, 2015, and come back, work over the weekend, incorporate these amendments and come back on Monday or some other day with a Bill that would not be faulted on grounds of procedure or on Constitution is even important. Article 110 of the Constitution speaks of money Bills in detail. This is the prime power of the Lok Sabha to have decisions with regard to financial transactions, either to impose taxes on people or to appropriate funds from the Consolidated Fund of India. Now, we should not do anything that would interfere with the sovereign power of the Lok Sabha to allow the government to impose taxes and to withdraw the funds.

Madam, I am sure that Jaitley would rise to the occasion and admit that there was a mistake, a slip-up, a break in convention, a contravention of the rules and a violation of the Constitution and say that he withdraws his Bill.

Otherwise, what you read out, madam, one chapter was left. Chapter VIII on the Senior Citizens' Welfare Fund also cannot be included in a money Bill. None of these can be included. I repeat that the Public Debt Management Agency, the Senior Citizens' Welfare Fund, the Forward Contract (Regulation) Act, the Securities Contract (Regulation) Act and amendments to the Reserve Bank of India cannot be included. The Prevention of Money Laundering Act is also included. How could it be part of the money Bill? He should have a different amendment Bill for amendments to the Prevention of Money Laundering Act. We have no objection. We will all support it. This has been badly drafted and done in a hurry in contravention of rules. And for once, I want you, madam, to take a stand and advise, and give a ruling. That will set an example for posterity that here was a Speaker who stood up to the government, pointed out their mistakes and forced them to have a course correction.

Edited excerpts from a speech on the Finance Bill, 2015, by Saugata Roy, Trinamool Congress Member of Lok Sabha in New Delhi, April 30, 2015