P E R S P E C T I V E

15th Lok Sabha
Much ado, but not over nothing
By KV PRASAD
The 15th Lok Sabha saw the most hours wasted and much bitterness between the Treasury and Opposition Benches. Yet, there were certain momentous legislation enacted that will have far-reaching impact for the people of the country, if not on the immediate polls too

Business that made govt sweat
The resistance to these three Bills — on Lokpal, food security and land — could be worn down only in the home run, the last year of Parliament, requiring both political will and tact, as well as support from across the aisle to convert policy into law:

The incident of pepper spray by a Member necessitated medical attention for many MPs, including Ponnam Prabhakar Goud.

Done with Oppn on board
If the enactment of the food and land Bills indicate the commitment of parties in Parliament to respond to social-economic problems of the people, the institution also rose as one to react with alacrity in dealing with certain issues of grave social concern:

15th Lok Sabha
Much ado, but not over nothing
By KV PRASAD

The 15th Lok Sabha saw the most hours wasted and much bitterness between the Treasury and Opposition Benches. Yet, there were certain momentous legislation enacted that will have far-reaching impact for the people of the country, if not on the immediate polls too

The 15th Lok Sabha is soon going to be history. The House is scheduled to end its five-year term this May and in the run-up to the period, the country will hold General Election-2014 to pick up afresh representatives for a new House.

While the country and political parties are looking forward to an exciting period of elections, nervously awaiting the decision of the people, it is time to take a pause and look back at the work done by Parliament in general and the Lok Sabha in particular in the last five years.

As Communist leader Sitaram Yechury summed it up, in the constitutional scheme of things Parliament is the forum where the Government, or the Executive, is held accountable by the elected representatives, who in turn are answerable to the people who send them to the House. Any disruption in this arrangement will indirectly affect the functioning of the two of the three important organs — legislature and executive.

Statistics apart, the current Lok Sabha has earned the distinction of having enacted certain landmark legislation, while missing out on the opportunity on a few others, and witnessed at times scenes of contrast — usual bonhomie and unusual polarisation. The recent pepper spray sticks out like a sore thumb.

The Congress-led United Progressive Alliance came back to power at the Centre with a renewed mandate in 2009 and with the comfort of numbers on its side there was a sense that the stability factor would provide the government greater room to carry forward its agenda.

Data source: Lok Sabha website

Among the highlights of the five years’ legislative work is the passage of the National Food Security Bill that has made right to food an entitlement. The social welfare measure promises to reach an assured quantity of food grains to a vast majority of the people at subsidised rates.

Corruption shadow

Adding to its woes of the economy facing the blow-back effect of the global economic crisis of 2008, the government found itself buffeted by a series of corruption scandals and scams that cast a shadow over the functioning of Parliament.

The 2009-2014 Lok Sabha was perhaps one of the least productive over the past five decades in terms of time lost, Bills passed, those cleared without debate, or truncated discussions. The government faced turbulent times inside Parliament as cases of corruption came to the fore, so much so that all of the last winter session was lost as the Opposition insisted the government concede to the setting up of a Joint Parliamentary Committee to inquire into the ‘2G spectrum allocation scandal’, which it eventually agreed to.

Ironically, the Congress too had adopted similar stalling tactics during 1999-2000, when the NDA was in power. The Congress-led Opposition had then demanded a JPC on the Tehelka sting on defence purchases and the stocks scam, while the Vajpayee government resisted it. At one stage Manmohan Singh, in his capacity as Leader of the Opposition in the Rajya Sabha, staged a walk-out in protest. A decade later the tables had turned.

In between the Commonwealth Games happened. First was the concern over delays in preparations to host the prestigious event and then came the uproar over reports of misuse of funds by some of those responsible for organising it.

Even as several momentous legislation saw enactment in the 15th Lok Sabha, it could have achieved much more but for the repeated adjournments, causing loss of over 800 hours in the Lok Sabha. Of course, the House sat late, logging 267 hours to make up for the time lost.

Cost of feuding

One of the biggest setbacks on account of disruptions is the lack of proper discussion on Budgets. The government is given sanction to draw money from the Treasury without adequate debate. The only satisfaction is that the Standing Committees evaluate the demands by various ministries and scrutinise those. The committee system, MPs maintain, is one place where members rise about partisan considerations to take a view based on inputs and interaction with subject experts. The argument repeatedly put forward to reject the demand to open up the committee system to the public is that it would bring political grandstanding into play and reduce its efficacy.

The Bills that remained on the agenda would now lapse, including the Constitution Amendment to provide one-third seats in the Lok Sabha and state legislatures for women. The Bill was passed by the Rajya Sabha in March 2010 amid unprecedented security with marshals forcibly evicting members who staged a sit-in despite being named by the Chair to leave the House. The Lok Sabha could not take it up for consideration and passage even though the government insisted the Bill was a top priority.

Others in the category include Bills to set up regulatory authorities in coal, civil aviation and nuclear security. One Bill to regulate the entry and operation of foreign educational institutions remained in limbo largely on account of differences both within and outside the Congress.

Even though Congress vice-president Rahul Gandhi made an issue of non-cooperation of the Opposition in passing a clutch of Bills ushering in greater transparency to complement the Lokpal measure, the Prevention of Bribery of Foreign Public Officials and Officials in International Organisations could not be cleared, nor did the Right of Citizens for Time-bound Delivery of Goods and Services and Redressal of their Grievances.

Business that made govt sweat

Ponnam Prabhakar Goud

The resistance to these three Bills — on Lokpal, food security and land — could be worn down only in the home run, the last year of Parliament, requiring both political will and tact, as well as support from across the aisle to convert policy into law:

Lokpal

The anti-graft mood building up in the country found a fillip when social activist Anna Hazare organised mass protests in the summer of 2011, forcing the government to set up a Committee of Ministers to draft a Lokpal Bill and also hold a special sitting dedicated to discussing the issue. It is another matter that the Lokpal Bill, which the Lok Sabha cleared in 2011, remained stuck in the Rajya Sabha due to procedural wrangles and a controversial adjournment at midnight. It eventually moved after a nudge from Congress vice-president Rahul Gandhi in the backdrop of the shocking victory of the Aam Aadmi Party in the Delhi Assembly.

Food security

Among the highlights of the five years’ legislative work is the passage of the National Food Security Bill that has converted the right to food an entitlement. The social welfare measure of the government promises to reach an assured quantity of food grains to a vast majority of the people at subsidised rates. Congress president Sonia Gandhi is credited with having been the major driving force behind its enactment and the party and its managers had to walk the extra distance to ensure approval by Parliament.

Land acquisition

Another contentious legislation that received support was the one pertaining to altering the laws on acquisition of land, replacing the century-old Land Acquisition Act, 1894, enacted by the British. The Land Acquisition, Rehabilitation and Resettlement Act aims to usher in a more equitable process for governments and companies to acquire land from people. In fact, in all these three instances, political and parliamentary managers of the government had to sweat hard to accommodate different viewpoints across the political spectrum and the Bills could be pushed through only in the last two sessions — monsoon and winter 2013. The passage of the Land Acquisition Bill heralded the efficacy of the system in addressing the seemingly intractable problems being faced by the people as state governments and the Centre had been acquiring land under archaic law, causing widespread disenchantment. Parliament devoted some 15 hours of discussion to the Bill after it had been dissected threadbare by the Standing Committee.

Companies law

While the government could not develop political consensus to push through the much talked about reform in the tax structure through the Direct Tax Code, it could work a way out for the passage of the long awaited Companies Bill and the Pension Fund and Development Authority, putting in place an institution to manage the new pension system introduced by the NDA government.

Telangana Bill

The contentious Telangana Bill splitting Andhra Pradesh was pushed through amid much din after days of uproar only with the help of the BJP-led Opposition.

Done with Oppn on board

If the enactment of the food and land Bills indicate the commitment of parties in Parliament to respond to social-economic problems of the people, the institution also rose as one to react with alacrity in dealing with certain issues of grave social concern:

Women’s safety

As the gruesome incident of rape and murder of a Delhi student in December 2012 resonated across the country, spurring spontaneous protests, parliamentarians set aside their political differences to recognise that laws needed to be strengthened. Debate during the discussion on the Criminal Law Amendment in March 2013 clearly showed the collective resolve of the lawmakers to strengthen the existing measure. Since its enactment, a few high-profile people have landed in custody, facing probe on the charge of rape. Earlier, in February 2013, the law on Protection of Women against Sexual Harassment at Workplace was passed to strengthen measures in the wake of the Supreme Court judgement known as Vishaka case.

Street vendors

Another work related legislation that received approval literally in the last hour was the Street Vendors (Protection of Livelihood) and Registration of Street Vending, which seeks to regulate the roadside eateries, push-carts and other temporary vending stalls whose ubiquitous presence in every town and city is a reality.

Manual scavenging

The significance of the measure to outlaw manual scavenging cannot be underscored enough. That the abhorrent practice of humans carrying night-soil on their head even after six decades of the country achieving freedom should stir the conscience of the country, as should manual cleaning of sewer and septic tanks, which Parliament sought to address.

Quickest of them all

While Parliament takes time to deliberate and discuss issues, the passage of the Bill enhancing the salaries and allowances and pension of MPs was cleared within a short duration. The Joint Committee reported the changes in May 2010 and between August 27 and 31,that year both the Houses approved raising salary to Rs 50,000 per month, besides increasing daily allowances and other perks with retrospective effect.

The other successes of the government include getting the nod for the National Green tribunal and the Anand Marriage (Amendment).

Active private members

Both the Houses have a designated time – post-lunch every Friday – earmarked for private members’ business. This allows individual MPs to introduce Bills/Resolutions to which they are committed and hope to get the ear of the government. Technically, such a Bill or resolution can be legislated but usually it is considered an embarrassment for the government, if carried. In many cases, the members withdraw the Bill/Resolution after getting an assurance from the government to address the issue or enact laws in that regard for otherwise the government can muster strength to reject it.

Statistics available on the Parliament website show the enthusiasm of members to move such Bills. As many as 373 are shown as pending/introduced in both the Houses and of these 38 were withdrawn. Ludhiana MP Manish Tewari had moved six Bills before being inducted into the Cabinet, including one to amend the Constitution to provide freedom of expression to MPs and legislators to free them from the fear of loss of membership for toeing a line independent of party positions, and another to codify oversight of the three intelligence agencies — R&AW, IB and the NTRO – on the lines of British laws.

Rohtak MP Deepender Hooda made an ambitious bid to amend the Constitution so that Parliament has 150 sittings each year. Over the years, MPs have been complaining that Parliament does not even meet for 100 days in a year. Veteran Communist MP Gurudas Dasgupta, who has decided against contesting the ensuing Lok Sabha poll, has been a staunch advocate of at least 100 sittings each calendar year and cited a resolution in the meeting of Speakers to this effect.

Hamirpur MP Anurag Thajuk moved a Bill to amend the Hindu Succession Act while Khadoor Sabhib MP Rattan Singh Ajnala sought amendment for including Sikhs as a separate identity under Article 25 (1) of the Constitution.