Senior union ministers have advised to as many as nine Bharatiya Janata Party (BJP) ruled states to call special sessions of their legislative assemblies to ratify the Goods and Services Tax (GST) constitution amendment Bill by month end.
The Lok Sabha is slated to debate and approve the Bill on Monday, a discussion in which Prime Minister Narendra Modi is set to intervene. The PM, barring a tweet when the Rajya Sabha passed the Bill on Wednesday, is yet to publicly comment on the proposed legislation. Congress leader Jairam Ramesh has been critical of the PM's absence during the debate in the Upper House, terming it "Modi mukt Parliament".
After the Lok Sabha's approval, the Bill will be sent for presidential reference. The government plans to transmit the Bill to states by August 10. Government strategists are trying to ensure that the requisite 16 of the 31 states will ratify the Bill by the end of the month. Jaitley, Naidu and others have already spoken to nearly a dozen chief ministers of BJP as well as that of regional parties to call special sessions.
Maharashtra assembly session ended today. According to sources, New Delhi suggested to Chief Minister Devendra Fadnavis that the session should not be prorogued but only adjourned sine die. This will allow the BJP-Shiv Sena government to recommend to the state Governor to call a sitting at short notice. This is because once prorogued the Governor would be required to notify the special session, depending on the respective rules of the states, at least 14 to 21 days in advance.
Other than Maharashtra, both Goa and Assam have ongoing sessions that end on August 12. A senior minister has advised respective chief ministers of the two states to extend the session by a couple of days. Goa and Assam might become the first two states to ratify the Bill.
Of the non-BJP ruled states, Information and Broadcasting Minister M Venkaiah Naidu has also reached out to Andhra Pradesh CM N Chandrababu Naidu today. The Telugu Desam Party is an ally of the BJP. Of the opposition ruled states, Bihar CM Nitish Kumar has already told Jaitley that his council of ministers would ask the Governor to call a special session to ratify the GST Bill.
The PM, meanwhile, will be in Hyderabad to attend a function hosted by Telangana CM K Chandresekhar Rao, and that is another state which might hold a special session soon. West Bengal has a special session from August 26 to 28 to approve a Bill to change the name of the state and could take up the ratification of the GST Bill. State assemblies need to ratify a constitution amendment by a simple majority.
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Once ratified by half the states, the Bill would go to the President for his assent. This will initiate the process to set up the GST Council, which in turn will help union Finance Ministry to draft the Central GST and Integrated GST Bills, which would then be approved by the union cabinet and sent to Parliament.
The government today secured a moral victory in the Rajya Sabha over the question of a Bill being categorized a Money Bill. After a long debate on a private members' Bill to demand a special package for Andhra Pradesh, Deputy Chairman PJ Kurien ruled that the Rajya Sabha, according to the Constitution and Rules of Procedures of the House, has no power to take a call on the subject. He referred the issue to the Speaker of the Lok Sabha.
Earlier, Finance Minister Arun Jaitley pointed to Articles 110 and 117 of the Constitution and Rule 186 (7) of procedural rules that the Andhra Pradesh Bill was a money Bill as it talks of a special package for the state, and that only the Speaker can decide on the matter. Congress member Kapil Sibal said that by this logic nearly every Bill can be termed a Money Bill since all legislations have some impact on the Consolidated Fund of India. He said the trend will reduce the Rajya Sabha to a "cipher". Talking to reporters, Sibal accused Jaitley of "spin doctoring" constitutional provisions at the behest of the PM.
The Congress and other parties have objected to government plans to bring CGST and IGST as money bills in the winter session of Parliament. Finance Minister Jaitley on Thursday made it clear that there was no ambiguity in the Constitution that Bills which expressly talk of impact on the Consolidate Fund of India "shall" be deemed money Bills. The Rajya Sabha cannot vote on a money Bill.
GST discussion on Monday
* At least 9 BJP CMs advised to call special sessions to ratify the Bill
* Maharashtra asked not to prorogue its assembly session that ended today
* Modi to be in Telangana on Sunday, Naidu reaches out to Andhra CM
* Lok Sabha to discuss GST on Monday
Modi to speak during the discussion
Govt wins moral victory in RS over money Bill issue
RS chair goes by govt view, refers Andhra Pradesh special package Bill to Speaker of Lok Sabha