Modi Sarkar Backtracks On Polavaram Ordinance; Turns To Prez For A Face-Saver

Modi Sarkar on Monday deferred the introduction of the Bill to amend the Andhra Pradesh Reorganisation Act, 2014 in Lok Sabha realizing the pitfalls of going any further with the Bill, in view of at least 2 constitutional challenges the TRS and BJD threw at it. What makes the backtracks complete is that it even deferred placing before the house the explanatory statement for taking the Ordinance route. In case of Ordinances, this is mandatory to show reasons for immediate legislation through an ordinance (instead of going through of the house).

When the scheduled business of Polavaram came up, Union Home Minister Rajnath Singh stood up and informed the house that his Government is in the process of obtaining the recommendation of the President in context of Article 3 as the proposed amendment to the AP ReOrg Bill alters State boundaries, which only Article 3 empowers. He said the business over the amendment is postponed till the President’s recommendation is received. This has been the exact argument of constitutional experts ever since the Polavaram Ordinance is promulgated in the dark, by even lying about cabinet business and skipping the public eye. Why Modi Sarkar needs so much time to learn the basics of Constitution is puzzling. Right now, it looks like union minister Venkaiah Naidu’s over-enthusiasm to transfer 7 mandals from Telangana to AP, by hook or by crook, has put Modi sarkar in a big embarrassment.

However, that is not all. There is at least another count on which the Modi ministry is admonished of constitutional sin. The BJD led by Bhartruhari Mahtab (Biju Janata Dal) strongly opposed the unconstitional approach over Polavaram dam itself saying the areas to be transferred come under Schedule V of the Constitution and such a transfer cannot be made by any legislature. In fact, BJD questioned the credentials of the project itself, on the basis of which the amendment is made. Mr Mahtab said that Polavaram Project violates the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and the Panchayat Extension to Scheduled Areas Act, 1996 as it does not have the approval of Gram Sabhas of hundreds of villages that would be submerged in Telangana, Odisha, Chhattisgarh and also in Andhra Pradesh if the project comes up. In fact, in Telangana grama sabhas have already passed resolutions opposing the dam. These two points clearly show that the Modi Government didn’t do the due diligence before going ahead with the ordinance and rammed it through the cabinet without any discussion.

Prior to the proceedings of the house, which begun at 11 AM, TRS Deputy leader in Lok Sabha Vinod Kumar met the Lok Sabha Secretary General and issued a notice under Rule-72 saying the amendment placed in the business of the house would initiate legislation outside the legislative competence of the House, as only due process mentioned under Article 3 can do what the amendment is intended to do. Vinod Kumar mentioned in his notice that the business can not be conducted until the President conducts and completes his duty and send the bill to Parliament. Home Minister  later referred the same reason in Lok Sabha for not going ahead with the business of the Amendment and Polavaram Ordinance.

While the Modi sarkar saved its face for the day, it needs to be seen what approach they take now, before the Ordinance lapses in the stipulated 6 weeks. The Ordinance was issues on May 29th. However, a senior minister in the union cabinet is said to be trying to get President’s approval in next 3-4 days for introducing the amendment into Parliament without following the Article 3 process. If that is how Modi sarkar decides to go ahead, they would end up before the Constitutional bench of the Supreme Court and accused of the cardinal sin of violating Constitution, right at the beginning of Modi’fied rule! The alacrity with which they acted to get the ordinance signed overlooking the Constitutional aspects has surprised many who expected Modi to usher in change in the way Indian Government runs.