India Politics | 3 March 2015
India Politics
Budget session heavy on legislative agenda
Six pressing ordinances and a few transformative economic bills
Please refer to our report on
Union Budget 2015
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Key bills for budget session
The Finance Bill, 2015
Insurance Laws (Amendment)
Bill, 2014 (RO)
Coal Mines (Special Provisions)
Bill, 2014 (RO)
The Mines and Minerals
(Development and Regulation)
Amendment Bill, 2015 (RO)
The Motor Vehicles
(Amendment) Bill, 2015 (RO)
The Right to Fair Compensation
and Transparency in Land
Acquisition, Rehabilitation and
Resettlement (Amendment) Bill,
2015 (RO)
The Citizenship (Amendment) Bill,
2015 (RO)
Constitution (One Hundred and
Twenty-Second Amendment)
(GST) Bill, 2014
Cos (Amendment) Bill, 2014
Lokpal and Lokayuktas and other
related Law (Amendment) Bill,
2014
RO:
Replaces Ordinance
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The budget session of Parliament (ongoing till May 8, 2015) began with the Rail
Budget and Union Budget for FY16. The focus now shifts to the government’s heavy
legislative agenda, including six ordinances that need to be ratified to become acts.
There are also other significant economic legislations that would be taken up.
The government has indicated that it will not allow Parliament to be an impediment
for the reforms process. Its taking up the contentious Land Bill at the very beginning of
the session points to its resolve to push ahead with the legislative agenda. We take a
closer look at the various provisions relating to ordinances to understand the task
ahead for the government.
The legislative push through ordinances is not new to India – 644 ordinances have
been issued over 1952-2014 (average of 10 ordinances per year). Further, judicial
pronouncements have proved that actions under any ordinance stay valid.
The government can convene a joint session of Parliament as the last resort under
certain circumstances. However, it is noteworthy that Money Bills and Constitutional
Amendment Bills (GST Bill pending in Lok Sabha) cannot be placed through the
medium of joint session.
Historically, the joint session route has been opted only thrice – in 1961, 1978 and
2002. If a joint session were to be held, the NDA would be able to have any bill passed,
given the higher number of members in Lok Sabha.
Government needs to push ordinances into acts in budget session
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The budget session of Parliament is being conducted between February 23 and
May 8. There would be a recess from March 21 to April 19, when the standing
committees would examine demands for grants from various Ministries.
During the winter session, several bills were not discussed/are pending in Rajya
Sabha due to disturbances. These include the Insurance (Amendment) Bill,
Companies (Amendment) Bill, and Coal Mines (Special Provisions) Bill. Further,
the Electricity (Amendment) Bill, Constitutional (Amendment) Bill on GST, and
Lokpal and Lokayuktas Bill remain pending at the Lok Sabha.
The government promulgated ordinances in certain areas to push through its
legislative agenda. Six of these need to be ratified by the Parliament to become
acts. Besides, there are other key bills (GST Bill, Companies Amendment Bill, and
Lokpal Bill) that need to be passed apart from the budget itself.
That the government took up the contentious Land Acquisition Bill at the very
beginning of the session points to its resolve of taking forward legislative
reforms. We take a closer look at the technical aspects of various
rules/procedures governing issuances of ordinances, their validity and
possibilities of carrying forward legislative reform by way of joint session of
Parliament. We also append the views of a well-known expert on these issues.
Ashish Gupta
(Ashish.Gupta@MotilalOswal.com); +91 22 3982 5544
Dipankar Mitra
(Dipankar.Mitra@MotilalOswal.com); +91 22 39825405
Investors are advised to refer through disclosures made at the end of the Research Report.
Motilal Oswal research is available on
www.motilaloswal.com/Institutional-Equities,
Bloomberg, Thomson Reuters, Factset and S&P Capital.