First time since Independence that an ordinance has been sent to President without cabinet clearing it
New Delhi:
President Pranab Mukherjee on Sunday signed an ordinance or executive order for the fourth time to amend a law that the government has been unable to pass in parliament, but is upset, sources said, that it was sent to him this time without being routed through the union cabinet.
President Mukherjee, in his note, sources said, told the Modi government that he was signing the ordinance in the interest of public good, but warned that the cabinet must not be bypassed ever again. He reportedly also said this must never be cited as a precedent. This is the first time since Independence that an ordinance has been sent to the President without the cabinet first clearing it.
Prime Minister Narendra Modi used Rule 12 of business and transactions to send to the President the ordinance, which amends the Enemy Property Act, a 48-year-old law to guard against claims of succession or transfer of properties left by people who migrated to Pakistan or China after wars.
The Lok Sabha had passed a bill to amend the act earlier this year, but opposition parties want it reviewed and have stalled it in the Rajya Sabha, where the government is in a minority, forcing it to keep it alive by issuing ordinance after ordinance.
When the government had last sent the ordinance for the President's signature, he had objected, noting that an executive order was being issued despite parliament being in session for over three months. That was in May this year, just after the budget session of parliament had ended.
After the president's reprimand, the government will now reportedly get a post facto approval of the cabinet.
The government was in a hurry as the earlier ordinance lapses this Sunday. With many days of this month's short monsoon session lost to other government bills, the government was unable to bring the bill in parliament.
President Mukherjee, in his note, sources said, told the Modi government that he was signing the ordinance in the interest of public good, but warned that the cabinet must not be bypassed ever again. He reportedly also said this must never be cited as a precedent. This is the first time since Independence that an ordinance has been sent to the President without the cabinet first clearing it.
Prime Minister Narendra Modi used Rule 12 of business and transactions to send to the President the ordinance, which amends the Enemy Property Act, a 48-year-old law to guard against claims of succession or transfer of properties left by people who migrated to Pakistan or China after wars.
The Lok Sabha had passed a bill to amend the act earlier this year, but opposition parties want it reviewed and have stalled it in the Rajya Sabha, where the government is in a minority, forcing it to keep it alive by issuing ordinance after ordinance.
When the government had last sent the ordinance for the President's signature, he had objected, noting that an executive order was being issued despite parliament being in session for over three months. That was in May this year, just after the budget session of parliament had ended.
After the president's reprimand, the government will now reportedly get a post facto approval of the cabinet.
The government was in a hurry as the earlier ordinance lapses this Sunday. With many days of this month's short monsoon session lost to other government bills, the government was unable to bring the bill in parliament.
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