Having dithered on taking a call on the slew of Ordinances on Friday, the Government decided to convene an urgent Cabinet meeting on Sunday apparently to push through the legislations related to anti-corruption and rights issues.
Sources said, the move to call the Sunday Cabinet meet a day after it appeared to have developed cold feet, was primarily aimed at sending across the message ahead of the general elections that the Government was serious in tackling corruption and addressing the rights of the disabled notwithstanding whether the Ordinances will pass muster with the President and stand legal scrutiny.
Congress vice-president Rahul Gandhi has been pushing for the Ordinance route for the anti-graft Bills leading the Opposition to slam him for delayed entry to the anti-corruption bandwagon just for political considerations.
Sources, however, said that instead of bringing several ordinances, the Government could restrict itself to approve just the Ordinances on Prevention of Corruption (Amendment) Bill, SC/ST (Prevention of Atrocities) Amendment Bill and Rights of Persons with Disability Bill.During the Cabinet meet on Friday, sources said the deferment of a decision on the Ordinances was taken after Cabinet Minister and NCP chief Sharad Pawar raised questions over the need for their promulgation at the fag end of the tenure of the Government. Pawar reportedly gave his opinion to the Cabinet members that the legislations should be left for the future Government to decide.
The Government’s reluctance on the Ordinances also stems from the fact that it fears that President Pranab Mukherjee might raise questions about the need for them now besides a probable backlash on the issue of judicial scrutiny. In all, the Government has on table half-a-dozen Ordinances to take a final call on.
Cabinet Secretary Ajit Seth then decided to postpone the Ordinances including that on Prevention of Corruption (Amendment) Bill and Right of Citizens for Time-Bound Delivery of Goods and Services and Redressal of their Grievances Bill.
These proposed legislations could not be passed during the extended Winter Session. law Minister Kapil Sibal also met President Pranab Mukherjee and Prime Minister Manmohan Singh, apparently to discuss the issue. Sibal’s meeting with Mukherjee assumes significance as the Government is not sure whether the President would give his nod to the Ordinances.
BJP leader Subramanian Swamy termed the proposed draft ordinances “ultra vires” of the Constitution and urged the President to seek legal opinion before promulgating them. “The proposed draft ordinances to be considered by the Union Cabinet for proclamation by the President are ultra vires of the Constitution. The House is adjourned but not dissolved, this Ordinance would be outside the nature and powers of the President under Article 53,” Swamy said in a statement.
Swamy has also sought clarification from the Cabinet in the matter. “I urge the President not to be railroaded into exceeding his constitutional powers, and instead ask the Cabinet to clarify its legal locus standi under Articles 78(b), 86(2), and finally ask for an opinion from the Supreme Court under Article 143,” Swamy added.