This was no mean feat in a session that started under the shadow of a renewed intolerance debate. “Of all sessions of Parliament that we have had since our assumption of office in May, 2014, this budget session has been the most significant and rewarding on several counts”, Parliamentary Affairs Minister, Venkaiah Naidu said. So far government strategy was concerned it appears a realistic assessment of the pending legislations and some resourcefulness did the trick. A campaign projecting the Congress as obstructionist clicked.
The Real Estate bill is a prime example. A panel of MPs had given its recommendations but the government wasn’t so sure if the Congress would play ball, or stall the bill on one excuse of another. So, let the associations of homebuyers do the talking. A meeting between representatives of these associations and Congress Vice-President Rahul Gandhi did the trick. Apart from Real Estate bill, Parliament passed Carriage by Air (amendment) Bill, Bureau of Indian Standards Bill and National Waterways Bill.
Besides Passing the Railway Budget and General Budget, government faced tough challenge when it brought Aadhaar Bill. Defeated in Rajya Sabha, passed again in Lok Sabha, the Bill made history. For the second time in eight days, Congress amended official business in the Upper house by altering Aadhaar Bill, forcing the government to take the legislation to Lok Sabha to overturn the changes and ensure its passage.
On the day of high drama, the government used the provisions of a ‘money bill’ to override Rajya Sabha. After the amended Bill was returned to Lok Sabha, the government used its overwhelming majority to reject the changes and passed the original Bill as it was already cleared by the lower house.
It is unfortunate that the government chose to so summarily toss aside the Rajya Sabha’s concerns. Given legal validity to a project that seeks to provide unique identification numbers to more than a billion people, that too after futile attempts over six years, is no doubt an achievement. But the Bill’s un-amended passage is a missed opportunity, for those amendments would have only strengthened the stated idea behind it, which is to provide an efficient and transparent process to transfer benefits and subsidies.
According to the Bill, Aadhaar is necessary for receiving services and benefits. An amendment successfully moved by Jairam Ramesh sought to do away with a clause that deemed “nothing in this Act shall prevent the use of Aadhaar number for establishing the identity of an individual for any purpose, whether by the state or anybody, company or person.”
Section 7 of the Bill makes proof of Aadhaar necessary for receipt of certain subsidies, benefits and services, even though the Supreme Court had earlier ruled that it cannot be made mandatory. Suffice it to say, there was some consternation among opposition members of the Rajya Sabha. Jairam Ramesh moved an amendment, asking the government to make it optional so that subsidies can be accessed even without unique identity number.
Parliament saw an engrossing debate between finance minister Arum Jaitley and Congress’ Jairam Ramesh—mover of five amendments — over making Aadhaar mandatory to access benefits, privacy and national security clauses, concerns over mass surveillance and terming the legislation as money bill.
The Bill’s passage means that once it receives presidential assent, the government will be able to extend the use of Aadhaar to a range of services beyond the five currently allowed by the Supreme Court. The duel was closely fought for most part as Arun Jaitley and Jairam Ramesh circled one another, looking for an opening to deliver knockout punch. Ramesh’s main attack, however, was on the national security and privacy issues as well as the possibility of UID becoming mandatory for accessing government benefits. He said public safety would be a better ground to provide an exemption to the rule that Aadhaar data would be shared while also arguing that the money bill provision undermines the Rajya Sabha.
Expressing anguish over the government move to turn Aadhaar into a money bill, Ramesh said, was like “knocking a nail into the coffin of Upper House”. The debate saw unanimity among the opposition that the Centre must not use national security as a ruse to invade an individual privacy.
According to provisions of the Aadhaar bill a joint secretary-rank officer will decide on disclosures of core biometrics in the interest of national security. Such order will be vetted by an oversight panel headed by Cabinet Secretary. Information other than core biometrics may be shared but identity information will not be disclosed without consent of the individual. Disclosure of identity information for any purpose—criminal, investigation, public order, public interest—is prohibited unless ordered by a district judge. Any disclosure of information in breach of Aadhaar law will lead to imprisonment up to three years and find of Rs. 10,000, which will be Rs. One lakh in case of a company. (IPA Service)
INDIA
BUDGET SESSION: PRODUCTIVE OR COERCIVE?
PASSAGE OF AADHAAR BILL SPURNS RAJYA SABHA
Harihar Swarup - 2016-03-20 04:09
The government wrapped up the first part of Parliament’s budget session claiming that it has salvaged a session that many feared would be a wash out. In the 17 days that Parliament worked before breaking for recess on Wednesday (March 16), the government managed to get a bunch of key legislations through, most of them pending for several years.