Politics/Nation
Lokpal bill fiasco: Experts differ over Speaker Hamid Ansari's role
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NEW DELHI: The government leadership may be claiming that procedural difficulties prevented the Rajya Sabha from passing the Lokpal bill, but this argument has not many takers among constitutional experts and lawyers.
Expert opinion ranged from suggesting that the RS chairman could have taken the decision to carry on to the government seeking Presidential assent to extend the session beyond December 29. The divergence of opinion apart, it is clear that the government did have options before it to ensure that the slated legislative business was completed prior to the House being adjourned sine die.
Constitutional expert Subhas Kashyap said that rules governing the Rajya Sabha vest the chairman with the power to decide when the House would conclude for the day. "Rule 13 of the Rajya Sabha's rules of procedure states that the sittings of the Council shall conclude at such hour as the chairman may decide," he said.
However, senior advocate in the Supreme Court PH Parekh said that it would not have been possible for the Rajya Sabha to carry on beyond midnight. Even so, Parekh picks holes in the government's argument. "The reason why the day's business had to come to an end by midnight was that the session was supposed to finish on December 29. The dates of the session are fixed, and since the President opens the session, the request to extend it has to go to the President. However, the government could have easily done this, and the President, given the facts of the case, was likely to have agreed," Parekh explained.
Describing Thursday night's events as "most unfortunate, sad blot on parliamentary history," Kashyap said "the real reason why the bill was not taken up for passage is the lack of political will. Everything else was an excuse. The government can't avoid the confrontation with the Opposition. "The Lokpal and Lokayukta Bill, 2011, is part of the pending business in the Rajya Sabha. The government will take it up in the next session."
Senior lawyer Rajeev Dhawan was of the view that it was wrong to blame Hamid Ansari for the "Cindrella Hour". "The proceedings could have been extended if there was a consensus in the House. Not a decision by majority vote but by consensus, but the House was divided and the chairman had no other option," he said.
Former law minister and a member of Team Anna, Shanti Bhushan, criticised the decision of Rajya Sabha chairman Hamid Ansari to adjourn the Rajya Sabha sine die last night. "It was clear that majority of members wanted to continue proceedings of the House. They were even ready to sit through the night. The House is always run as per the sense of the House... I think he did the wrong thing," he told reporters here. Bhushan said the chairman should have gone by the views of majority of the members. "Being the presiding officer of the House, he should have done what the majority wanted," he said.
He rubbished arguments that there was a need for President's nod to continue the House saying the chair has authority to decide on continuing the proceedings.
Expert opinion ranged from suggesting that the RS chairman could have taken the decision to carry on to the government seeking Presidential assent to extend the session beyond December 29. The divergence of opinion apart, it is clear that the government did have options before it to ensure that the slated legislative business was completed prior to the House being adjourned sine die.
Constitutional expert Subhas Kashyap said that rules governing the Rajya Sabha vest the chairman with the power to decide when the House would conclude for the day. "Rule 13 of the Rajya Sabha's rules of procedure states that the sittings of the Council shall conclude at such hour as the chairman may decide," he said.
However, senior advocate in the Supreme Court PH Parekh said that it would not have been possible for the Rajya Sabha to carry on beyond midnight. Even so, Parekh picks holes in the government's argument. "The reason why the day's business had to come to an end by midnight was that the session was supposed to finish on December 29. The dates of the session are fixed, and since the President opens the session, the request to extend it has to go to the President. However, the government could have easily done this, and the President, given the facts of the case, was likely to have agreed," Parekh explained.
Describing Thursday night's events as "most unfortunate, sad blot on parliamentary history," Kashyap said "the real reason why the bill was not taken up for passage is the lack of political will. Everything else was an excuse. The government can't avoid the confrontation with the Opposition. "The Lokpal and Lokayukta Bill, 2011, is part of the pending business in the Rajya Sabha. The government will take it up in the next session."
Senior lawyer Rajeev Dhawan was of the view that it was wrong to blame Hamid Ansari for the "Cindrella Hour". "The proceedings could have been extended if there was a consensus in the House. Not a decision by majority vote but by consensus, but the House was divided and the chairman had no other option," he said.
Former law minister and a member of Team Anna, Shanti Bhushan, criticised the decision of Rajya Sabha chairman Hamid Ansari to adjourn the Rajya Sabha sine die last night. "It was clear that majority of members wanted to continue proceedings of the House. They were even ready to sit through the night. The House is always run as per the sense of the House... I think he did the wrong thing," he told reporters here. Bhushan said the chairman should have gone by the views of majority of the members. "Being the presiding officer of the House, he should have done what the majority wanted," he said.
He rubbished arguments that there was a need for President's nod to continue the House saying the chair has authority to decide on continuing the proceedings.
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Readers' opinions (4)
31 Dec, 2011 07:07 AM
Let me the Devil's advocate, for a minute. I remember, very vividly, when I was traveling from Nashik to Dombivli, all alone, frightened like a puppy among the big dogs, jackasses, elephants, camels, snakes, one big dangerously perched above my little head, ready to sink its bright and shiny fangs into my neck, gorillas, "garudi" Oops, snake charmer with his cache of snakes and three trained mongooses, Oops, mongeese having a good, clean fight all over a heavily overloaded third class compartment. Let me take a deep breath before I continue this daily human drama in a passenger car, Manmad to Bori Bunder. Seventeen hours (already) late on account of marriage season in full bloom and each little village, small town, and Padas throughout a journey of merely 120 miles from Nashik things were getting little crazy. men in their traditional turbans, some but not all, saffron, some white and green, some entirely green, women in their Sunday best, oops, wedding best, children heavily armed with their "gillori" ready, willing and wanting to kill as many birds of paradise from compartment windows as humanly possible. Other guests, (unpaid travelers), Sadhus, Sanyasis, beggars, blind beggars, pocket and (gold) chain snatchers, teachers (primary) preachers, bakers, candle makers, few budding local politicians half a dozen ticket inspectors, some in uniform, in mufti. Someone pulled a chain. Commotion. Promotion. Demolition, of the train. Future?. Yes. Rajya Sabha all party shenanigans.
Jayeshkumar (PUNE)
31 Dec, 2011 07:05 AM
There was nothing to be (greatly) achieved on that night, than can not be achieved now or in near Future. People should get Wise to know that the whole thing is not about Lokpal itself but the Boiling Politics. .. and when thinks start to pour out of the Pot it is just wise to turn the Gas off.
31 Dec, 2011 07:05 AM
There was nothing to be (greatly) achieved on that night, than can not be achieved now or in near Future. People should get Wise to know that the whole thing is not about Lokpal itself but the Boiling Politics. .. and when thinks start to pour out of the Pot it is just wise to turn the Gas off.
31 Dec, 2011 06:55 AM
How could the RajyaSabha 'passed' the Lokpal bill? The ruling party was in minority and it was not expected to agree to major amendments out of the 187 or so amendments. The government had to agree that Parliament does not have power to make laws for the states under Art 253. This is a far reaching point.
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