Saturday, 15 September 2012

Parliament logjam: Violation of Rights and Privileges of other MPs



Never before in the history of Independent India the functioning of the both Houses of Parliament were completely washed off for whole session like the recently concluded monsoon session. Earlier, in 2010 the entire winter session was similarly put on hold by the Opposition on 2G spectrum issue. A seasoned legislator and Democrat he is DMK President Kalaignar has expressed his unhappiness over the blocking of the entire monsoon session of Parliament and said a debate on the alleged loss relating to mining coal would have brought out the truth.
The monsoon session has been completely unproductive, with the BJP stalling Parliament over the coal allocation issue. This is irresponsible and also undermines democratic principles. In a democracy, Parliament is the forum for the Opposition to debate government policies, not television studios, as it has been over the last one month. Statistics tell the story. Lok Sabha was scheduled to meet for 120 hours and Rajya Sabha for 100 hours to transact business. However, MPs spent just one day in both Houses, with some spending several hours in television studios. The result: only four out of 34 Bills got Parliament’s sanction. Key economic legislation such as the Companies Bill and the Banking Laws Amendment Bill has been in a limbo, making it one of the worst sessions after the winter session of 2010 when Parliament was disrupted over the 2G spectrum allocation issue.
Parliamentary disruptions are not unknown in a democracy. These are usually a means to register protest on a measure being proposed by the government. In India, disturbances within the chambers of Parliament have also occurred on the basis of issues that are not under debate in either House but pertain to a matter that is said to be agitating the wider public.
But these are typically of limited duration. In the United States, in particular, “filibustering” is resorted to in the Senate when a speaker who has the floor goes on endlessly in order to prevent voting on a bill.
But in the just-ended Monsoon Session of Parliament, obstruction was raised to the level of ideology by the BJP, the main Opposition party, whose members would come to Parliament but create such a din as to make it impossible to carry on any business.
This not only rendered impossible any legislative measure — initiated by the government — but also violated the rights and privileges of MPs of all other parties to represent their constituency in Parliament, the highest forum of democracy in India. It is this which makes the Monsoon Session, which ended its fruitless existence of four weeks on Sep.7, unique in the annals of our parliamentary life.
The tactics of the BJP had little to do with anything happening inside Parliament. It was related directly, instead, to its long-term political agenda to force general elections prematurely. As such, it is a fair expectation that the tactics will be continued in the Winter Session as well. In a pained observation, Lok Sabha Speaker Meira Kumar noted that “some forms of dissent” had left her “disturbed”.
Only four bills out of the 34 on the table could be passed (naturally without any debate). Prime Minister Manmohan Singh appropriately called the Opposition-engineered prolonged disruption of four long weeks a “negation of democracy”.
What has come to be known as “Coalgate” is important for the entire country, not just the BJP. It deserved to be debated threadbare in both Houses so that people across the board are made familiar with the finer points of the policy of coal block allotments and its implementation. But in cynical pursuit of its political agenda, the lead Opposition party blocked any possibility of discussion, depriving the country of the opportunity of a fair and square articulation from all sides of the political spectrum. This is to be deeply regretted.
Suspension of legislative business appears to have become strategy, with political parties led by the BJP dodging informed and incisive debates on policy matters. This is simply unacceptable. Prime Minister Manmohan Singh, who steered the Coal Ministry during the allocations questioned by CAG, said he was open to a debate. The BJP-led NDA should have agreed to this. All other parties were willing to let Parliament function. It would have signalled that the main Opposition is serious about holding the government to account. However, the BJP ducked, raising suspicions that it, too, had something to conceal. After all, coal blocks were allocated through a screening process even during the NDA regime and many mineral-rich states, involved in the allocations, are governed by the NDA.

Incidentally Kapil Sibal released letters to show BJP, CPM governments  opposed coal auction; by the time these states came on board, 68 coal blocks were already allocated. He released letters written by BJP chief ministers and other non-Congress CMs, opposing introduction of competitive bidding in allotting coal blocks. Sibal released letters of then BJP chief minister Vasundhara Raje of Rajasthan, Shivraj Singh Chouhan of Madhya Pradesh and chief secretaries of BJP-ruled Chhattisgarh and then CPM ruled West Bengal to argue that the states had a say in the allocation of coal mines, while the blame was being put on the Centre.

The BJP-led Chhattisgarh and Rajasthan governments themselves were among the strong opponents to a transparent process of competitive bidding, and pitched for continuing the policy of allocation of coal blocks. The BJP governments were against putting in place an efficient and transparent method that would have dealt firmly with any kind of corruption in the allocation process.
The Coal Ministry had in February 2005 written to various governments seeking their views on competitive bidding. It was sought to be introduced to replace the existing system of allocation of coal blocks for captive use on a nomination basis.
In his argument against the competitive bidding process and response to the then Secretary (Coal) P.C. Parakh, Chhattisgarh Chief Secretary A.K. Vijayavargiya stated: “There is a substantial gap between the requirement and the domestic availability of mined coal in the country. Coal is used directly in sponge iron kiln/blast furnace, as also for captive power generation by the iron/steel industry. The projections are that the gap between the domestic demand and the supply will continue. Under such a scenario, the proposed bidding process involving production sharing by successful bidders with Coal India would result in substantial increase in the cost of essential input (coal) to such iron/steel units who do not have access to captive coal blocks allotted on nomination basis.”
The Chhattisgarh government expressed fear that the suggested policy change was likely to shift the new steel/iron units from poorer inland States to comparatively rich coastal States. The proposal, would, therefore, be detrimental to the development/growth of iron/steel industry in inland States like Chhattisgarh, Jharkhand and Madhya Pradesh. “The proposed change aims at moving towards a free market scenario. An essential policy ingredient for the success of the free market mechanism is creating a level-playing field among various players. However, no mechanism has been proposed to create a level-playing field among the existing iron/steel units having access to already allotted captive coal blocks and those who will have to source coal through the bidding process. The proposed change, therefore, is expected to make pipeline/new projects unviable, resulting into slowing down of the growth of domestic iron/steel industry for reasons of non-competitiveness in sourcing the essential input — coal,” it said.
The then Rajasthan Chief Minister, Vasundhara Raje, in her letter to the Prime Minister on April 11, 2005, said that although there were no known coal deposits in Rajasthan, the proposed change for allotment of lignite under the competitive bidding process would not be appropriate and would be against the spirit of the Sarkaria Commission recommendations.
Ms. Raje argued that the proposed change would take away the State’s prerogative in selection of the lessee. For, under the proposed system the lessee would be chosen by the Centre through competitive bidding.
“The State government is evolving a policy to allot lignite leases only to such parties which would be willing to establish lignite-based power plants within the State for meeting power shortage of Rajasthan. The proposed process could result in lignite being mined by the successful bidder for use at locations outside the State. It is therefore requested that the existing practice of allocating lignite mines be continued.”
BJP's argument that its chief ministers had finally agreed to the auction policy is also not correct. By the time they came on board, 68 coal blocks were already allocated under the existing policy. The state governments were persuaded only after the Centre said that the money from auction of coal blocks would accrue to state governments.
The letter of West Bengal chief secretary said: “The present system of allocation of coal block on the basis of recommendation of screening committee takes care of both the subjective and objective aspects of the projects for which coal block for captive mining is applied for… In the present system, views of state governments are considered during allocation of coal blocks to industries. There is no such provision in the proposed system of allocation of coal block.” The Left Front held the same views as BJP governments in other states.
Sibal singled out Arun Jaitley for his statement that there were occasions when obstructions in Parliament bring greater benefit to the country. Sibal said the statement was an affront to people and “one of the most denigrating to parliamentary democracy made in the last 60 years,” which struck at the very root of democracy. Sibal charged that the obstructions BJP caused in Parliament in this session was on the “basis of lies.” “Let the nation come first and the lust for power later,” he told Jaitley adding that ten years back, when Congress was in the Opposition, the BJP leader had remarked that it was totally unacceptable that “disturbances should become substitutes for discussions.” Sibal, at the same time, said that the process of law will take its own course if in any individual specific allotment, anybody had willfully misinformed. He said 26 licenses have already been cancelled even before the CAG report came or BJP   launched protests  on the issue.
The Centre had no role to play in the execution of coal block leases, he said. Rejecting the BJP’s demand for Prime Minister Dr. Manmohan Singh’s resignation, Sibal said Dr. Singh could not make any coal block allotment. Driving home his point, Sibal quoted from the April 11, 2005 letter written by the former Rajasthan Chief Minister Vasundhara Raje of the BJP that said, “Under Section 5 (1) of the MMDR Act, 1957, the lease itself is granted by the State Government … and the proposed change would take away the State’s prerogative in selection of the lessee.” On allocation of a coal block to Jindal Steel and Power Limited, he said the recommendation was made by Orissa Chief Minister Naveen Patnaik. Sibal said that since 1993 as many as 212 coal blocks had been allocated and the Central Bureau of Investigation was probing irregularities in the allotment of five or six of them. “Does it mean the allotment of all 212 blocks should be cancelled?” Sibal questioned the calculation of financial loss, incurred in coal blocks allocation, in the report of the Comptroller and Auditor-General. He said the allocation was made only for power, steel and cement industries and was meant only for captive consumption. Electricity generated by the power plants was supplied to the State electricity boards and the tariff was controlled and regulated by the regulatory commissions. “Profit, if any, is on account of the power tariff, and not on coal.
Any repeat of such tactics is likely to create among the people not just wholesale disdain for all politicians and their politics, but also for the art of politics and the country’s democratic institutions. The contagion can then spread to state Assemblies and to representative forums lower down.

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