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The National Democratic Alliance (NDA) government is said to be, according to some sources, mulling a joint session to ensure the passage of the Coal Mines (Special Provisions) Bill, 2014. The Lok Sabha passed the Bill on Friday amid demands by the Opposition that it be referred to a standing committee.
The Bill could fall through in the Rajya Sabha given that NDA is in woeful minority in the Upper House. If that were to happen, a joint session could be resorted to.
But here is why the government might seek accommodation instead of confrontation:
1. Need opposition to cooperate: The government needs the cooperation of the Opposition to ensure passage of not just each and every Bill in the Upper House but also for smooth day to day proceedings of the Rajya Sabha. An approach of accommodating the Opposition’s concerns, as it did with the Insurance Bill, is likely to serve the government better in the long run.
2. No majority until 2018 in RS: Currently, the NDA has just a little over one fourth MPs in the Rajya Sabha – 59 in a house of 243 MPs. It is likely to increase its strength somewhat in the next biennial elections in 2016, but unlikely to have a majority in the Rajya Sabha until the 2018 biennial elections. One third MPs are elected in biennial elections.
3. Joint session is a rare law enacting instrument: Joint session is an instrument used rarely, only thrice since 1952 – the last time by the Atal Bihari Vajpayee-led NDA government on March 26, 2002 to pass a Bill as contentious as the Prevention of Terrorism Act or POTA. The other two instances of a joint session have been the Dowry Prohibition Act, 1961, passed on May 9, 1961 and the Banking Service Commission Repeal Bill, 1978, passed on May 16, 1978.
4. Thin majority even in joint sessions: The numbers add up for the NDA in a joint session, but just about. The loss of an ally, as it nearly did with the Shiv Sena, could erode that majority.
Total Lok Sabha (543) + Rajya Sabha (243) = 786
Halfway mark plus one: 394 MPs
NDA (Rajya Sabha 59 + Lok Sabha 336 incl. Speaker) = 395 MPs
5. Long drawn process: Joint sessions are a long drawn process and can potentially consume crucial time that can be better utilised to push through other legislative agenda. Joint sessions can only be called once one of the Houses rejects a Bill or recommends amendments that the other House has passed. Just as Vajpayee government, the Narendra Modi government might need to reserve joint sessions to ensure passage of contentious Bills.
The way out for the government could be to repeat its strategy with the Insurance Bill, where it held an all party meeting to thrash out differences and agreed to send it to a Select Committee of the Rajya Sabha. The government has time until March 20 to replace the ordinance on coal blocks allocations with a law.
