Lok Sabha clears Aadhaar Bill as Opposition shows its RS strength

Productive first half of Budget session ends on embarassing note for govt

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The first half of the Budget session of Parliament ended on Wednesday on an embarrassing note for the government, with the Opposition recommending five amendments to the Aadhaar Bill in the Rajya Sabha.

But, in a departure from the past two sessions, during which little business was transacted because of constant disruptions, the tail end of the current session was marked by vigorous activity, thanks to the spirit of accommodation shown both by the government as well the Opposition on several legislation, including on the Real Estate (Regulation and Development) Bill.

In the past week, both the Lok Sabha and the Rajya Sabha sat till late into the night to achieve record productivity and cleared much pending business. After a 40-day recess, the two Houses of Parliament will meet again for the second part of the Budget session from April 25 to May 13.

The agenda for the second half will include the Goods and Services Tax (GST) Constitution amendment Bill and the passage of the Finance Bill. The standing committee studying the Insolvency and Bankruptcy Code is scheduled to submit its report by April 29. The Mines and Minerals (Development and Regulation) Amendment Bill, 2016, was passed in the Lok Sabha on Wednesday and is likely to be taken up in the second half of the session.

In the Rajya Sabha on Wednesday, the Congress and Left parties led other smaller parties to not only recommended amendments to the Aadhaar Bill, but also berated the government for bringing that Bill as a money Bill under “false pretences” to bypass Rajya Sabha scrutiny.

The Opposition succeeded in putting its objections to the Bill on record and also said it would approach courts of law to question certifying of Aadhaar Bill as a money Bill. According to the Constitution, the President may either give or withhold his assent to a money Bill, but it cannot be returned to the House by the President for reconsideration. However, the Lok Sabha rejected the amendments leading to Opposition apprehensions that having discovered the money Bill route for passing Bills, the government may now opt to use it as a preferred parliamentary tactic in the future.

The government lost despite All India Anna Dravida Munnetra Kazhagam supporting it on the issue, while parties like the Trinamool Congress, Biju Janata Dal, Samajwadi Party and Bahujan Samaj Party staging walkouts before the Congress and Left parties demanded a division of votes. The last couple of days were also marred by vicious exchanges between members of Congress and Left parties on one side and those of Trinamool Congress after the surfacing of a sting where leaders of West Bengal’s ruling party are purportedly seen to be accepting cash from representatives of a private company.

The session began on a dismal note with disruptions becoming the rule almost every day in both Houses. However, the Real Estate Regulation and Development Bill 2015, which was also passed by the two Houses following pressure on the Congress by home-buyers, and the passage of 10 other legislation led to 120 per cent productivity of the Lok Sabha. The Rajya Sabha virtually matched that performance at just under 100 per cent, also passing 10 Bills. The Lok Sabha functioned for 97 hours and the Rajya Sabha for 75 hours.  

The Opposition did have its way by forcing the government to amend the President’s Address to the two Houses by forcing it to oppose a minimum education qualification being fixed for candidates in local and panchayat elections. The amendment was adopted 94-61, driving home the government’s lack of numbers in the upper House. The Opposition also forced the government in the Rajya Sabha to refer the Enemy Property (Amendment and Validation) Bill 2016 to a standing committee although the Lok Sabha has passed it.

Privately, Congress MPs conceded that daily parliamentary disruption was a strategy of diminishing returns. But they also pointed out that if the government did not have a majority in the upper House, it needed to accept this and reach out to the Opposition more.

“We helped the government pass at least two Bills because they had the grace to concede that these Bills were originally brought by us: the land swap agreement with Bangladesh moved by External Affairs Minister Sushma Swaraj and the Juvenile Justice Bill brought by Women and Child Welfare Minister Maneka Gandhi. We passed the Bills because the ministers reached out to us and publicly acknowledged our role in drafting the Bills. If the government is respectful and statesman-like, we will also meet it half way. But if you abuse us and revile us and then expect us to do your bidding, you are mistaken,” said Rajya Sabha member B K Hariprasad.

The inter-session period will see heated campaigning for five Assembly elections around the time the House reconvenes. However, in the course of this period and before the Monsoon session in August, nearly 75 MPs will retire from the upper House and new ones will take their place. This will include five nominated MPs, who will be the NDA government’s choice to replace the ones who have already retired. In addition, a new crop of MPs from Tamil Nadu will reflect the Assembly election results. The second part of session will see some old but many new faces in the upper House.
BILLS PASSED

The Mines and Minerals (Development and Regulation) Bill (passed by LS; RS to take up)

The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Bill, 2016 (passed by LS)

The Enemy Property (Amendment and Validation) Bill (passed by LS, sent by RS to a select committee)

The Constitution (Scheduled Castes) Order Amendment Bill (passed by LS)

Real Estate (Regulation and Development) Bill (passed by both Houses)

The Election Laws (Amendment) Bill (passed by both Houses)

The High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill (passed by both Houses)

The Carriage by Air (Amendment) Bill (passed by both Houses)

The National Waterways Bill (passed by RS; passed by LS in winter session)

The Bureau of Indian Standards Bill (passed by both Houses)

BILLS INTRODUCED

The Sikh Gurudwaras Amendment Bill (in RS)