The passage of enabling GST bill by the Rajya Sabha last week after a year-long friction between the government and the Congress over the contentious provisions of the crucial reform law, has somewhat lesse
ned the tension between the upper House, where the Opposition has majority and lower House where the BJP is in majority. While that is a welcome denouement, the government’s increasing tendency to bypass the Rajya Sabha when it comes to passing controversial and non-consensual bills does not bode well for parliamentary democracy.
Ever since Modi government assumed office with brute majority in the Lok Sabha, attempts are being made to undermine the impact of Rajya Sabha. BJP and government managers have found a shortcut to circumvent the Upper House – convert those bills into money Bills. As per rules, the Rajya Sabha cannot vote on money Bills but can make recommendations though they are not binding on the government. In the last two years, at least five bills, including the seminal Aadhar Bill, were categorised as money Bills to foil scrutiny by the elders. The Aadhar law has since been challenged in the Supreme Court and its ruling whether or not it is a money Bill is awaited.
Last week, in spite of vehement Opposition protests in the upper House, finance minister Arun Jaitley characterised a private member’s bill seeking special status to Andhra Pradesh as money Bill to preclude voting by the elders. Congress leaders Kapil Sibal and Jairam Ramesh made forceful interventions quoting rules to counter Jaitley arguing that the Andhra bill is a finance bill and hence the House has every right to vote on it. Deputy chairman P. J. Kurien, however, bailed out the government by referring the matter to the Lok Sabha Speaker, who is vested with the power to characterise a particular bill, though some of her similar decisions have been challenged as unconstitutional by the Opposition.
Now, indications are that the government may convert the tax bills – Central GST bill and Inter-State GST bill (that have to be approved by Parliament to complete the transition to the new tax regime) into money Bills to avoid voting in the Rajya Sabha where the Congress can force the government to incorporate its amendments. These two bills are expected to be taken up for consideration and passing by the Lok Sabha during the winter session in November-December bypassing the upper House.
The growing tendency of Modi government to convert crucial legislations awaiting Parliament nod into money Bills to evade RS is not in the country’s interest. The House of elders is a safety valve that keeps ruling establishment’s (irrespective of the party) autocratic tendencies in check. The upper House has immensely contributed to robust law making and witnessed classy debates.
On August 3, the Congress came on board and helped pass the enabling GST bill in the Rajya abha on the understanding that the CGST and IGST bills would be deemed finance bills and discussed and voted by the elders. The main grouse of the Congress is that the GST bill is pro-industry and wants the proposed law to be consumer friendly. Former finance minister Chidambaram still insists that the GST bill conceived by the Modi government is flawed.
Last year, the government and the Congress fought bitterly over the passage of Aadhar Bill as money Bill in the Lok Saha overlooking the concerns and demands of the Rajya Sabha. An irked Jairam filed a PIL in the apex court challenging the decision to treat Aadhar Bill as a money bill. While Attorney General Mukul Rohatgi defended the Speaker’s decision, Chidambram and Sibal, representing Ramesh, argued that the issue was too serious and that the “court should consider whether this is a money Bill and lay down guidelines on what should be a money Bill or not.” The petitioner argued that the Aadhar cannot be a money Bill under the constitutional provisions and its introduction as money Bill was a brazen and malafide attempt to bypass approval of the upper House.
All eyes are now on the apex court for its ruling on the Aadhar Bill. Opposition leaders apprehend that the government may be emboldened to convert the GST bills too into money Bills if the apex court did not make contrary observations before the winter session.
Rajya Sabha is also called the Council of States as it represents the true federal ethos of a diverse country like India. And attempts to thwart inbuilt checks and balances in the system to avoid legislative scrutiny should worry the people. Two years back, government had tried to bulldoze the Land Acquisition Bill (opposed tooth and nail by the farmers and trade unions). The flawed law was aborted only because of the stiff resistance by the Opposition.
As of now, if a bill is categorised as money Bill, the Opposition can do little about it. That is why the government, taking refuge in rules and technicalities, is able to selectively bypass Rajya Sabha, an ethically and morally unwholesome practice though. The government is apparently uncomfortable not only with Opposition majority in the upper House but also the presence of many seasoned, articulate and experienced Opposition leaders such as Ghulam Nabi Azad, A. K. Antony, Chidambram, Sitaram Yechury, Mayawati, Sharad Yadav, Ramgopal Yadav, Kapil Sibal, Ambika Soni, Anand Sharma as against the Lok Sabha overwhelmed by rookies.
Nonetheless, the disadvantages do not give the government a carte blanche. After all, the BJP, when in Opposition, had paralysed Parliament for much longer spells between 2010 and 2012 stalling many reform bills including the GST. Despite being belligerent, the Congress had supported and facilitated passage of key reform laws such as the Insurance and FDI. Making disagreement a subterfuge to bypass Rajya Sabha is fraught with dangers; undercutting parliamentary democracy.
