The Opposition in the Rajya Sabha on Tuesday questioned the constitutional validity of moving a Bill in the lok Sabha if the same was pending in the Upper House and sought a ruling from Deputy Chairman PJ Kurien. Stating there was no rule to prevent tabling a Bill in the other House, Kurien said he will give his ruling after going through the constitutional position.
The Government on Tuesday tabled a Bill to allow 49 per cent FDI in the Insurance sector in the lok Sabha even though the legislation was pending in the Rajya Sabha. Similarly, the Coal Bill was moved in the lower House on Monday.
Kurien’s assurance came after several Opposition members objected to the Government’s move to introduce pending legislations in the other House. They also claimed this move was “an encroachment on the rights of the Rajya Sabha when the Bill is property of the House.”
Raising the issue, Naresh Agarwal (SP) wanted to know if any Bill can be introduced in the lower House of Parliament if it has been introduced in the Rajya Sabha but has neither been withdrawn nor passed or rejected.
Backing his contention, Sitaram Yechury (CPI-M) said the Government was using its “tyranny of the majority” in the lok Sabha to bypassing the Rajya Sabha in legislative business. “The property of Rajya Sabha is being snatched... It is an encroachment on the rights of this House,” he said.
He also questioned “if withdrawing the Bill (from the Rajya Sabha) was not necessary (before introducing it in the lok Sabha), why did the Government move (to withdraw them last week) and then withdraw the motion (to withdraw the Bills),” he said.
Anand Sharma (Congress) said no new precedent must be created by allowing such a practice. “When a Bill is introduced in this House, the Bill stays here because the Rajya Sabha is permanent while lok Sabha can be dissolved,” he said.
Without mentioning of the Insurance Amendment Bill that allows 49 per cent foreign direct investment in the sector, he said Rajya Sabha appointed a Select Committee to consider the Bill and the panel has given its report. “It is still pending before the Rajya Sabha,” he said, adding that moving a Bill in the lok Sabha, will create an anomaly.
Associating himself with these objections, leader of the Opposition Ghulam Nabi Azad said the law Minister should tell the House if the Bill introduced in the lok Sabha was the same as the one pending in the Upper House or not. Derek O’Brien (TMC) said the Gover-nment has been unsuccessful in withdrawing the three Bills pending in the Rajya Sabha.