Lokpal bil: sense of house fogotten too soon?

Even if considered as a resolution, the sense of the house on the Lokpal does not have more than ‘recommendatory’ value

Ajitesh Kir | July 14, 2012



On August 27, 2011, the parliament of India pulled a fast one on Ralegaon Siddhi’s most famous resident Anna Hazare, the ever perplexed Team Anna and the millions of Indians who were watching Lok Sabha TV, waiting with abated breath for Anna to break his 12-day fast.

Pranab Mukherjee read out the ‘sense’ of the Lower House: “This House agrees ‘in principle’ on following issues — (i) Citizen's Charter, (ii) lower bureaucracy also to be under the Lokpal through appropriate mechanism, and (iii) establishment of Lokayuktas in the states.” Soon after learning of this development, Anna rejuvenated his senses by taking a sip of coconut water and honey from the hands of a dalit girl while Arvind Kejriwal posed for the camera with Vilasrao Deshmukh, the minister for science and technology.

On December 29, 2011, KV Narayanaswamy, minister of state for parliamentary affairs, reiterated that a fresh Lokpal Bill tabled by the government complied with the historic sense of the House. By repeatedly hailing it as a ‘resolution’, the UPA government claims that since their allies as well as the opposition were party to the ‘sense of the house’, they now have no right to oppose it.

After a perusal of the ‘Rules of Procedure and Conduct of Business in the Lok Sabha’ (available on the Lok Sabha website), it becomes clear that since there was no voting on the ‘sense of the house’ it was not binding on the government, the opposition or for that matter, the department related parliamentary standing committee on personnel public grievances, law and justice. These rules are not ultra vires the Constitution of India since Article 118(1) provides that "each House of Parliament may make regulations, subject to the provisions of this Constitution, its procedure and the conduct of its business".

According to Rule 171, “a resolution may be in the form of a declaration of opinion, or a recommendation; or may be in the form so as to record either approval or disapproval by the House of an act or policy of government, or convey a message; or commend, urge or request an action; or call attention to a matter or situation for consideration by government; or in such other form as the Speaker may consider appropriate.” According to Rule 181, “when any resolution involving several points has been discussed, the Speaker may divide the resolution, and put each or any point separately to the vote, as he/she may think fit.” The corresponding rules in the Rajya Sabha are also similar.

Since the sense of the house on the Lokpal Bill was not voted upon, it was not a resolution of the house and therefore, had no binding value. Leader of the Opposition in the Rajya Sabha noted that it was only an “in-principle” acceptance of the three points raised by Team Anna and that there was “no proposer, no seconder, and no voting” as is normally the case when a resolution is passed.

Resolutions may be broadly divided into three categories: A). resolutions which have statutory effect- (related to a provision in the Constitution or an Act of parliament). Such a resolution, if adopted, is binding on the Government and has the force of law; B). resolutions which the house passes in the matter of control over its own proceedings; C). resolutions which are expression of opinion by the house – since the purpose of such a resolution is merely to obtain an expression of opinion of the house, the government is not bound to give effect to the opinions expressed in these resolutions.

Thus, even if considered as a resolution, the sense of the house on the Lokpal does not have more than ‘recommendatory’ value.

Though the report of the department related parliamentary standing committee on personnel public grievances, law and justice and the consequent Lokpal and the Lokayuktas Bill, 2011 incorporates the sense of the house in one way or another, the UPA government had not right to argue that the TMC and its other allies have lost their right to raise the federalism question at this stage, based on the sole premise that they were present in the house on that fateful day.

The first lesson we as law students are taught is that the devil lies in the details of a piece of legislation, judgment and the like. People’s movements in the future must be more cautious when the government of the day draws on complex legal jargon.

Forty six years have passed since the recommendation for setting up the ombudsman institution by the administrative reforms commission and 11 such bills have been introduced in parliament since independence, but the ‘futuristic’ institution envisaged by Dr Singhvi is yet to become a reality throughout India.

(Kir is a student, Campus Law Centre, Faculty of Law, University of Delhi)

Comments

 

Other News

What really happened in ‘The Scam That Shook a Nation’?

The Scam That Shook a Nation By Prakash Patra and Rasheed Kidwai HarperCollins, 276 pages, Rs 399 The 1970s were a

Report of India’s G20 Task Force on Digital Public Infrastructure released

The final ‘Report of India’s G20 Task Force on Digital Public Infrastructure’ by ‘India’s G20 Task Force on Digital Public Infrastructure for Economic Transformation, Financial Inclusion and Development’ was released in New Delhi on Monday. The Task Force was led by the

How the Great War of Mahabharata was actually a world war

Mahabharata: A World War By Gaurang Damani Sanganak Prakashan, 317 pages, Rs 300 Gaurang Damani, a Mumbai-based el

Budget expectations, from job creation to tax reforms…

With the return of the NDA to power in the recently concluded Lok Sabha elections, all eyes are now on finance minister Nirmala Sitharaman’s full budget for the FY 2024-25. The interim budget presented in February was a typical vote-on-accounts, allowing the outgoing government to manage expenses in

How to transform rural landscapes, design 5G intelligent villages

Futuristic technologies such as 5G are already here. While urban users are reaping their benefits, these technologies also have a potential to transform rural areas. How to unleash that potential is the question. That was the focus of a workshop – “Transforming Rural Landscape:

PM Modi visits Rosatom Pavilion at VDNKh in Moscow

Prime minister Narendra Modi, accompanied by president Vladimir Putin, visited the All Russian Exhibition Centre, VDNKh, in Moscow Tuesday. The two leaders toured the Rosatom Pavilion at VDNKh. The Rosatom pavilion, inaugurated in November 2023, is one of the largest exhibitions on the histo

Visionary Talk: Amitabh Gupta, Pune Police Commissioner with Kailashnath Adhikari, MD, Governance Now


Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter