The Opposition on Tuesday alleged that the Centre’s decision to introduce 40 amendments to various Acts using the Finance Bill was a move to circumvent Parliamentary proceedings and the Rajya Sabha.
Citing amendments to the Representation of People Act, the SEBI Act, the Reserve Bank of India Act, the Companies Act, the Employees Provident Fund Organisation Act, the Smuggling and Foreign Exchange Act, the TRAI Act and the Information Technology Act within the Finance Bill, the Opposition said the Centre was trying to amend these legislations through the back door.
They also said that since the Finance Bill is a Money Bill, the Centre is choosing to sidestep the Rajya Sabha. The Upper House can only discuss a Money Bill, but cannot put it to vote.
Members of the Congress, the Trinamool Congress, the Biju Janata Dal and the Left parties raised questions when it was taken up for discussion. Finance Minister Arun Jaitley, however, stated that the amendments were being brought in as per law. Lok Sabha Speaker Sumitra Mahajan also overruled the objections of the Opposition.
The issue will reflect in Rajya Sabha too.
CPI(M) General Secretary Sitaram Yechury told BusinessLine that the Centre’s move is clearly a subterfuge to avoid the Rajya Sabha because the Finance Bill is a Money Bill. “All these 40 amendments will now not be scrutinised by the Rajya Sabha. They are destroying Parliamentary practices and proceedings by doing this,” Yechury said.
As Jaitley moved the Finance Bill for discussion, NK Premanchandran of the RSP said the Centre was “bulldozing” established rules. “If you conduct the House like this, then there is no need for the Monsoon and the Winter sessions... (Parliamentary) Standing Committee can be curtailed. The supreme right of Parliament is being taken away,” Premachandran said. “How can the issue of electoral bonds come under Finance Bill?,” he added.
Incidental provisions: JaitleyJaitley invoked the Lok Sabha’s first Speaker, GV Mavalankar, to say that if a substantial portion of a Bill deals with imposition or abolition of tax, it can be introduced as a Money Bill, even if it has other incidental provisions. “You cannot have a Bill which says government will spend ₹1,00,000 crore without detailing how it would be spent. You cannot have a Bill where you say there will be 5 per cent without specifying what the deduction will be , what the power of the assessing officer, appeal provision...No tax can be imposed without reference to courts or tribunals...These are incidental provisions...,” Jaitley said.