Govt might take ordinance route for insurance Bill

Faced with an "obdurate Opposition" and no signs of an end to the impasse in the Rajya Sabha, the government isn't ruling out taking the ordinance route for the insurance Bill, say sources.

Following a select committee report on the Bill being tabled in the Upper House and the Cabinet having cleared the Bill, it is pending before the Rajya Sabha.

The impasse in the Rajya Sabha stretched to a fourth day and as there are only three sittings left in this session, the government is in a bind. Senior ministers concede the remainder of Rajya Sabha proceedings this session will virtually be washed out, as the government is determined not to accedes to Opposition demands.

ALTERNATE WAY

• Govt strategists are citing several precedents of Bills pending before LS or RS being promulgated through an ordinance on the grounds of urgency or “immediate action”
• Instances of a Bill pending before RS or one of its committees being promulgated through an ordinance include the Public Premises (Eviction of Unauthorised Occupants) Amendment Ordinance, 1968; the Delhi University Amendment Ordinance, 1970; the Cable Televsion Network Regulation Ordinance, 1994; and the National Commission of Minority Educational Institutions Amendment Ordinance in 2006

Government strategists are citing several precedents of Bills pending before the Lok Sabha or the Rajya Sabha being promulgated through an ordinance on the grounds of urgency or "immediate action". A senior minister said, "There have been several precedents. If we go for an ordinance once the House is prorogued, we will not be doing anything illegal or new."

On the Opposition's view that the insurance Bill was the property of the House and couldn't be brought in through an ordinance, PDT Achary, former secretary general of the Lok Sabha, told Business Standard, "It is not illegal to promulgate an ordinance when a Bill is pending before the House or even before a committee of the House. The Constitution has given a specific provision to the executive to promulgate it on the condition that there is urgency, since the House is not in session. There have been several instances of this in the past."

Examples of a Bill pending before the Lok Sabha or a committee of the House being promulgated through an ordinance include the Sugar Crisis Enquiring Authority Ordinance, 1950; Press (Objectionable matters) Amendment Ordinance, 1954; Customs Amendment Ordinance, 1969; NCR Planning Board Ordinance, 1984; provisions) Ordinance, 1997; and the High Court and Supreme Court Judges Salaries and Conditions of Service Amendment Ordinance.

Instances of a Bill pending before the Rajya Sabha or one of its committees being promulgated through an ordinance include the Public Premises (Eviction of Unauthorised Occupants) Amendment Ordinance, 1968; the Delhi University Amendment Ordinance, 1970; the Cable Televsion Network Regulation Ordinance, 1994; and the National Commission of Minority Educational Institutions Amendment Ordinance in 2006.

In some cases, a Bill passed by one House but not by the other has also been promulgated through an ordinance. Examples include the Merchant Shipping Amendment Ordinance, 1966; the Arms Amendment Ordinance, 1983 and the National Highways Amendment Ordinance, 1992.

The President has the power to promulgate an ordinance, which lapses within six weeks of the reassembling of Parliament.

For the National Democratic Alliance government, keen to get the insurance Bill passed before US President Barack Obama's visit to the country in January, an ordinance could be a viable option. The government has been stressing the need for such a Bill, saying it will bring investment into the insurance sector and increase its penetration.