The inevitable ordinance route

Shiban Khaibri
Having committed itself to massive economic development for which innovative and bold reforms were needed by the Modi Government, it had to chose the inevitable, that of resorting to the ordinance option as the Rajya Sabha witnessed logjam and the Government’s efforts to bring about a resolution of the impasse could not have smooth sailing and the winter session passed off without taking vital important bills for consideration. As against its comfortable position in the Lok Sabha, the BJP led NDA could not muster support enough to have its way in the Upper House because it did not have the required numerical strength. The first of its moves of taking the ordinance route was on Dec 24 late last year when the cabinet Okayed ordinance on two most vital sectors, those of insurance and coal. FDI limit of 26% in the Insurance sector has been increased to 49%, thus giving this sector investment attraction opportunity to improve its infrastructure financing requirements, expecting anything between 6 to 8 billion US Dollars. Like this, the government has demonstrated that notwithstanding known impediments like certain important bills not getting through, it can go ahead with its firm commitment to have a paradigm shift in the economic reforms’ urgency as against what was perceived during the last ten years. It also allowed, through the ordinance, resumption of coal block allocation to help tide over erratic supply of coal to the power generating plants. The government has looked after the pharmaceutical sector too and allowed cent percent foreign direct investment in its core medical devices sector to keep pace with the latest technological developments going on in the world.
On Dec 29, last year the government yet again took the ordinance route to keep its commitment towards major key reforms and approved key amendments to the Land Acquisition Act which was enacted during the last UPA 2 regime. The cabinet duly made changes in the Act like removal of consent clause for acquiring land for as many as five most important purposes, those of industrial corridors, Public Private Partnership Projects, rural infrastructure, defence and affordable housing schemes. The move, as explained by the Finance Minister Arun Jaitley, was towards striking a balance between farmers’ interests and industrial growth. The opposition, however, lost no time to criticize the initiative of certain cardinal amendments or changes in the said Act of 2013 as leading to “dilution of the Act”.  The Act had under compulsions to be   enacted by the UPA Government following huge protests of farmers mainly on grounds of rationale of compensation but on the other hand, it proved counterproductive as it affected the industrial growth and production, besides putting a brake on the quality of industrial development. The noteworthy feature of the new Act shall be a proper justifiable compensation, rehabilitation and resettlement packages for acquiring land for these purposes. However, it is to be seen as to how pressures on core agricultural land, already under strain due to various factors, are sought to be eased and acquiring such land is not at random encouraged. These fears have and can be generated as there is a provision for acquiring even the multi – crop irrigated land for the five key purposes as mentioned. Whatever the case,  Modi Government is committed to keep in the process, the “interests of the farmers as supreme” in the form of higher relief, rehabilitation and compensation. The changes to the Act of 2013 have been made by the Government reportedly after due consultations with the states. An important feature, however, of the new acquisition law is to encourage housing schemes for the lower economic strata of the society ,  those living in rural areas,  slums and juggies in the shape of affordable housing and not for large housing for wealthier sections. The “consent clause “of 80% and 70% for Private projects and those under PPP respectively is sought to be needed.
Not getting bogged by criticism from a few political Parties, the BJP led NDA Government might go in for further reforms through the ordinance route to create a congenial and right atmosphere for generating investments as well as to push ahead the sensitive programme of “make in India”. Public centric ordinance like regularization of 895 colonies in Delhi directly benefitting a large chunk of nearly 60 lac people has also been approved, upsetting the electoral apple cart of both Congress and the AA Party who are leaving no stone unturned in finding fault with the quick decisions taken by this Government as they feel it to be a political move to garner votes for the ensuing Assembly elections in Delhi.
A strong votary of adopting all democratic means both in the matters which  very much deserve debates and discussions in the Parliament to arrive at decisions like making laws and within its own Party matters, the BJP  led Government in the centre, was mortified, to adopt the ordinance route because these important bills could not  pass through  the Rajya Sabha as most of the opposition who have been rendered virtually idle of issues, made “conversions” as the issue to corner the BJP  and did not allow the House to function  to debate and press amendments, if any, with intent to pass the urgent bills. That the country could ill afford to wait, defer, avoid, linger on , waste energies and time on issues of matters falling in the domain of states’ law and order, and allow key economic reforms aimed at bettering the prospects of investment and growth to succumb to prolonged logjam in the Parliament,  the Government resorted to the next available constitutional  option. Thank God, there is none as super constitutional authority in the BJP led NDA to tear off the ordinance papers, duly passed by the cabinet.
The question however remains as to why should any such issue get into the hands of the opposition, most of who vie with one another to be projected as “more secular” resulting in the ruckus in the Parliament. Like Shri  Vajpayee , Shri Modi should assert himself in unequivocal way that avoidable statements, not in tune or in tone proper,  should come from either the Party leadership or from anyone in the government, from any of its MPs or state legislators in anyway whatsoever. Conversions or “Ghar Vapsi” should give place to efforts to eradicate discrimination on castes and sub castes. There are instances still pouring from across the country, though rarely, that  entry in temples or drawing water from wells are  discouraged  on caste basis. Let such Netas focus on eradication of social evils, superstitions, caste prejudices in the society instead of energizing on “Ghar Vapasi” of a few hundred even thousands, practicing faiths other than Hinduism. That does not mean , however, that conversions from it to other faiths based on coercion, incentives or rewards should be allowed to be treated as real secularism. No organization, social, political or even religious, should dare to neither interfere with the formulation of policies and administrative decisions of the Government nor create such atmosphere where priorities of the Government get affected.
It needs to be emphasized by the Prime Minister to such leaders and organizations, while addressing such fissiparous issues that give a stick to the conventional political foes of the BJP to whip it with, that such moves were aimed at putting spokes in the wheels of development and economic growth on which the people voted them to power. Let each one co-operate and contribute towards the paradigm shift of the present Government from the era of dormancy witnessed during the last 10 years to achieve higher milestones in all round economic growth and development.