Railroading the bill

Newspaper Rainbow Series     22nd August 2020     Save    

CONTEXT: The Indian Parliament is quickly moving from being the custodian of the dignity of legislation to being a site for the acclamation of authoritarianism.

Issues with parliamentary practices:

  • Suspension of Question Hour: It is a very important tool used by members to question the ministers on substantive issues and expect to get a holistic response upfront.
  • Avoiding adequate deliberations: In the absence of deliberation, the fears and concerns of the stakeholders have been raised. 
    • Neglect of Farmer's concerns: A lot of the farmers' legitimate fears have less to do with the text and more with the context, related to the three agricultural reforms bills.
      • Removal of Minimum Support Price (MSP) regime.
      • Fears of greater power to the corporates leading to unhealthy monopolies.
  • More power to the State: Clause 127 of Occupational Safety, Health and Working Conditions Code 2020 give power to the states to change laws through notification of rules.
    • HThe hurriedinterest of corporate India on priority: The nature of federal flexibility is seen w n  powers to the states are given over labour laws but taken over agricultural ones.
  • The common thread here seems to be that the hurried interests of corporate India take precedence over farmers and labour, rather than well-negotiateded social contract between all three.
  • Refusal to grant Division of votes: If a member of a House asks for a division of votes, the Speaker needs to grant it.
  • The Speaker can refuse under some circumstances, but even then he has to take something like an informal headcount vote before refusing division.
  • Recently, the Deputy Chairman of Rajya Sabha refused to grant division over the agricultural bills.

Way Forward: 

  • Parliament to inspire confidence: 
  • The betrayal of procedure in Parliament is not just about technicalities. Some deference to process can build trust because it is a sign of a government that listens.
  • Parliamentary practice will not be able to knit an enduring social contract between labour, capital and farmers if it does not inspire confidence.