Budget session 'surgery' on govt mind

New Delhi: The Centre is weighing what appears a never-used parliamentary option to be able to re-promulgate the land acquisition ordinance before it lapses - having two budget sessions instead of a two-leg one.

Ordinarily, the budget session is conducted in two halves, separated by a one-month recess. The first leg this year was to end on March 20 and the second leg to begin on April 20 and continue till May 10.

The idea the government is mulling over is to prorogue the House on March 20 - that is, adjourn it sine die without setting a date for the next sitting, something that traditionally signals a session coming to a close.

The next move, under the proposal, is for the President to convene a new session on April 20 - perhaps to be called a summer session - that will complete the residual legislative agenda.

The tactic is being considered to satisfy Article 123 of the Constitution, which says an ordinance can be promulgated or re-promulgated only if at least one House of Parliament has been prorogued and not when both are in session.

Ordinances lapse six weeks after a Parliament session starts; the deadline for the land ordinance is April 6 because the budget session began on February 23.

Originally, the government had hoped to pass the land bill, which is to replace the ordinance, during this half of the session. But with a united Opposition firm about blocking the bill in the Rajya Sabha, where the government lacks a majority, the Centre has decided to put off its introduction in that House till the April-May sitting.

Unless one House is prorogued after the first leg, the land ordinance cannot be re-promulgated till May 10.

Sources said that during the March 20-April 20 interval, the government would try and coax the Opposition into supporting the land bill.

Asked if a prorogation midway during the budget session would be legal, Subhash C. Kashyap, a former Lok Sabha secretary-general, said it would.

"It has become necessary. Otherwise, the option was to re-promulgate the land ordinance in May with retrospective effect. The government will be within the constitutional limits to recommend prorogation. The President has the right to prorogue a session anytime."

Asked if the option had been exercised before, he said: "Offhand, I cannot recall."

A senior minister claimed there were 13 precedents, relating "mostly" to Congress governments, but refused to elaborate.

Two other bills - on coal and mines - also lapse on April 6 but the government hopes to pass the corresponding bills this week. The Rajya Sabha select committees concerned are expected to place their reports on March 18.

Although the Congress and the Left had sought more time, the rest of the Opposition vetoed them citing a "gentlemen's agreement" on the timetable. Sources on the panels said no member had sought changes to the bills.

This week, the government will try to pass the railway budget, discuss the general budget and introduce the appropriation bills relating to the demand for grants on account and the supplementary demands and excess demands for grants.

It's these appropriation bills that the month-long recess allows the standing committees to discuss. The resulting amendments are voted on during the second leg, incorporated in the general budget and adopted.