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No rule to prohibit introduction of a bill if similar pending

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Press Trust of India New Delhi
Last Updated : Mar 11 2015 | 7:02 PM IST
There is no rule or provision that prohibits introduction of a bill in Lok Sabha when a similar one is pending in the Upper House, Rajya Sabha Deputy Chairman P J Kurien said, giving a ruling to settle a dispute over the Insurance Bill.
He ruled that "neither the Chair nor House has any jurisdiction" over functioning of the other House.
The question had arisen on March 3 when the government introduced in Lok Sabha the bill proposing to raise FDI cap in insurance sector from 26 per to 49 per cent. Members in Rajya Sabha had questioned how it could be done as a similar legislation was pending in the Upper House.
Kurien had then reserved his ruling, saying he would study the matter.
"After going through rules and procedures from the stage of introduction to passing, I could not find any provision or rule which prohibits introduction of a Bill in Lok Sabha when a similar bill is pending in Rajya Sabha. I reiterate neither Chair nor House has any jurisdiction over functioning of the other House," Kurien told the House today.
He said he had heard a large number of members and deliberated on the matter which was not simple.

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"On March 3, 2015, Naresh Agarwal, Sitaram Yechury, Anand Sharma and others have raised a procedural point regarding whether a Bill can be introduced in Lok Sabha when it is pending in Rajya Sabha," he said adding, "It was not in my knowledge whether the bill in Lok Sabha was the same bill or different.
He said he had consulted the Constitution and reserved the ruling but could not find any such prohibiting clause to which Derek O' Brien wanted to know whether he earlier faced this kind of siutation ever.
Parliamentary Affairs Minister M Venkaiah Naidu said the moment a new legislation is issued, the old one becomes infructuous.

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First Published: Mar 11 2015 | 7:02 PM IST

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