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Controversial TRAI Bill introduced in Lok Sabha
Cong, TMC protest, see attempt to appoint Modi man Misra
Tribune News Service

Appointment row

  • Union minister Ravi Shankar Prasad introduced in the LS a Bill to amend the TRAI Act to enable its former chairperson's appointment in govt service post retirement
  • The 1997 law barred such appointment to ensure the independence of TRAI
  • Modi, however, issued an Ordinance to amend TRAI Act and appoint Nripendra Misra as his Principal Secretary
  • The Bill is likely to be passed in the LS where the ruling BJP has a majority. It will face hurdles in the RS where it doesn't have the numbers
We are pushing this Bill based on merit. We are quite confident that we will pass it in both the Houses.

— Ravi Shankar Prasad, union minister

Ordinance raj can't be allowed for individuals.

— Abhishek Manu Singhvi, cong leader

New Delhi, July 11
Prime Minister Narendra Modi's decision to amend a law enabling him to choose his principal secretary is set to be challenged in Parliament with the Congress and Trinamool Congress vowing to oppose it. They say the ordinance can’t be allowed for individuals.

Signs of things to come were evident today when Communications Minister Ravi Shankar Prasad introduced in the Lok Sabha a Bill to amend the Telecom Regulatory Authority Act (TRAI) of 1997 to enable former chairpersons of the telecom regulator to be appointed in government service post retirement.

With its clear majority in the Lok Sabha, the ruling BJP will be able to overcome the resistance against the controversial Ordinance to legitimise the appointment of former telecom regulator Nripendra Misra as Modi's Principal Secretary. Its real test, however, will be in the Rajya Sabha where the saffron party and its allies are short of the half-way mark of 123 in the 245-member Upper House (at present 243 MPs).

Both the Congress (68 members) and the TMC (12 members) said they would resist the Bill in the Rajya Sabha. Congress’ Abhishek Manu Singhvi said his party would oppose the Bill because “Ordinance raj can’t be allowed for individuals.”

However, Prasad remains confident of getting the Bill cleared by both Houses. “We are pushing this Bill based on clear merits. We are quite confident that we will pass it in both the Houses,” he said.

Asked to respond to the raging political controversy, the law minister said he would do so on the floor of the House.

BJP leaders are banking on help from “friendly parties” some of which have already confirmed support, sources say. As per the present situation, with just 43 members in the Rajya Sabha, the BJP will need others’ help to push through the Bill and other contentious legislation despite help by allies like Shiv Sena (3) Akali Dal (3), Telegu Desam (6), RPI (1) and other one-member parties.

The sources say help is likely to come from “friends” like the AIADMK (11). Other parties like the DMK (4) and the BJD (7) may have no other choice but to support the ruling party either by voting in its favour or walking out.

Sources say Mayawati-led BSP with substantial 14 members may also pitch in.

The 1997 law barred such appointment to ensure the independence of TRAI and prevent its chiefs from kowtowing government line in anticipation of plum postings.

But Modi, in his early days as PM, used his powers to bring an ordinance to amend TRAI Act and appoint the retired 1967 batch IAS officer as his principal secretary.

Any Ordinance to have effect must be replaced with a Bill within six weeks of the reassembling of the Parliament session after the Ordinance has been issued.

Even in the Lok Sabha, TMC's Sougata Roy opposed the introduction of the Bill saying an Ordinance could not be used to appoint one government servant.

Prasad, however, trashed the opposition saying the government had the power to amend any law related to telecom as it was a Central subject.

"We are amending his law to bring it on par with others related to the Pension Authority, Competition Commission of India and the Insurance Authority,” he said

The Congress hinted that the party could have floor coordination to make its point in the Rajya Sabha. “The government has shown at its very inception that it does not care about laws. They could have amended other laws to ensure independence of regulators but they chose to do just the opposite. This point will be made,” said Singhvi.

Aam Aadmi Party with four Lok Sabha members said it would oppose the Bill. “It is shocking that the NDA government has overturned an amendment in the TRAI Act which its own Atal Behari Vajpayee government had brought 14 years back,” it said.

“The entire attempt to change the law for an individual, who has been reportedly close to the RSS headquarters, must be opposed by all the political parties, so that the government in future does not misuse its power to bring Ordinances to help individuals convenient to it,” AAP said.

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