NEW DELHI: The CPM on Thursday accused the Congress of allowing disruption of both Houses of Parliament so that it could marshal the numbers in case of a vote on FDI in multi-brand retail. The Lok Sabha was disrupted for four days and Rajya Sabha for five consecutive days as the opposition, including the BJP and Left parties, demanded a discussion and vote on the issue.
"The government has agreed to a discussion in both Houses, but five days (in Rajya Sabha) need not have been lost," CPM MP Sitaram Yechury said.
About two weeks ago, Left leaders had announced that they would move notices under Rule 184 in Lok Sabha and Rule 167 in Rajya Sabha that involve voting after discussion on a matter. Yechury signed the notice in Rajya Sabha and his party colleague Basudeb Acharia sent the notice in Lok Sabha seeking the two Houses reject the government's decision to allow FDI in multi-brand retail.
In an editorial in the latest issue of the party mouthpiece People's Democracy, CPM said Congress allowed disruption of Parliament "to buy time in order to marshal a majority in case they are forced by the opposition to take a vote on the floor of the House" on FDI in multi-brand retail. The Congress-led UPA government has been reduced to a minority after Trinamool Congress withdrew support.
Though the government is quite sure of winning a vote on FDI in Lok Sabha, it is not so confident in Rajya Sabha. If the government wins the vote in one House but loses in the other, it can still go ahead with the decision to allow FDI in multi-brand retail as the opinion of the House is not binding on the government.
Constitutional expert Subhash Kashyap said, "There may be political embarrassment for the government depending on the language of the notice. But it would not have legal, constitutional or procedural consequences."
Yechury though said if the government has a conscience, it would call a joint session of Parliament as happened for the Prevention of Terrorism Act (POTA), 2002. POTA was defeated in Rajya Sabha but the then NDA government won in a joint session of Parliament.
The CPM also pointed out that amendments to Sections 47 and 48 of FEMA, 1999 to allow FDI in retail must be tabled in Parliament. Under the Constitution, neither the executive (government) nor the judiciary can make or amend laws.
"The sole authority for making laws, or, amending existing laws, is the Parliament. Thus, the decision to permit FDI in retail trade can only be taken by the legislature (Parliament) and the authority to do so is beyond the mandate of the executive as decreed by our Constitution," the CPM said in its mouthpiece.
The party believes the government was forced to follow rules and amended the FEMA regulations under pressure from the Supreme Court. The CPM hoped if the due process of law was not followed, then the SC "will surely invoke its constitutional authority of judicial review".
CPM accuses Congress of allowing disruption in Parliament
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CPM accuses Congress of allowing disruption in Parliament
