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Opposition today scuttled introduction of the controversial communal violence prevention bill in the Rajya Sabha, contending that Parliament does not have the competence to legislate this law as it will violate the spirit of Federalism.
Deputy Chairman P J Kurien ruled that the Communal Violence (Prevention Control and Rehabilitation of Victims) Bill, 2005, stands deferred in view of the "mood of the House" after the move was opposed by BJP, CPI-M, AIADMK, DMK and SP.
Before the deferment, the House saw an animated brief debate on whether Parliament had the jurisdiction to enact such a bill with Law Minister Kapil Sibal and Leader of Opposition Arun Jaitley, both noted lawyers, sparring on the issue.
Jaitley contended that Parliament has no legislative competence to enact such a law and it will violate the spirit of federalism.
Countering him, Sibal insisted that the federal structure was not being violated and any Central action under the bill would be with the consent of the state government.
Raking up the Gujarat riots issue, he said such a bill was necessary for Central intervention in the event of "state- sponsored communal activity...It is like it happened in Gujarat".
"If a state itself is indulging...If it is state-sponsored communal activity, then it is not a law and order issue...Like what happened in Gujarat is not a law and order issue," he said, adding that even in that scenario the power to investigate is still with the State government.
He insisted that there is no provision in the bill which directly or indirectly interferes with law and order position in the state, which is the state's responsibility.
Jaitley said, "Central government has absolutely no jurisdiction in bringing such a bill...This bill is entirely beyond the legislative competence of Parliament...I am all the more convinced that objections raised by opposition has all the more substance.
