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Finance Bill Passed Without Discussion

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March 16, 2018

What is the issue?

  • The Guillotine provision was deployed, to pass all outstanding Demands for Grants in the Budget without "discussion".
  • This has raised questions on the roles and responsibilities of the legislature in a democracy.

What is the Guillotine provision?

  • In legislative parlance, to “guillotine” means to put together and fast-track the passage of financial business.
  • After the Budget is presented, Parliament goes into recess for about 3 weeks.
  • During this time, the House Standing Committees examine Demands for Grants for various Ministries, and prepare reports.
  • After Parliament reassembles, the Business Advisory Committee (BAC) draws up a schedule for discussions on the Demands for Grants.
  • Given the limited time, the House cannot take up the expenditure demands of all Ministries.
  • The BAC therefore identifies some important Ministries for discussions.
  • These may include Ministries of Home, Defence, External Affairs, Agriculture, Rural Development and Human Resource Development.
  • This is when Members discuss the policies and working of Ministries.
  • Once the House is done with these debates, the Speaker applies the “guillotine”.
  • This is to put to vote at once, all the other outstanding demands for grants that have not been discussed.
  • This usually happens on the last day earmarked for the discussion on the Budget.
  • The purpose is to ensure timely passage of the Finance Bill, marking the completion of the legislative exercise with regard to the Budget.

How were the Bills passed at present?

  • Owing to the disruption in Parliament due to various issues, all Demands for Grants were “guillotined”.
  • The Finance Bill and Appropriation Bill (contained the consolidated Demands for Grants) with a spending plan of Rs 89.25 lakh crore.
  • The Appropriation Bill details plans on how government ministries and departments would spend their money this fiscal.
  • This, along with 21 amendments to the Finance Bill, which contains taxation proposals for 2018-19, was introduced.
  • These were voted on, and passed by voice vote, all within 30 minutes.
  • Procedurally, the government cannot be questioned as it is at the Speaker’s discretion to deploy the Guillotine provision.

What are the concerns?

  • It was an unusual step because there were still 3 weeks left in the Budget Session.
  • There is enough time for the Bills to have undergone "discussions" in the House.
  • The government is technically right to fast-track legislative business but it seems to have silenced the voice of democracy and unfairly bypassed the convention.
  • The clear majority of the ruling coalition in the Lower House guaranteed that the Bills would pass, without discussion.
  • But beyond legislative majorities, democracy also functioned through debate, dissent, and accountability.
  • One of the basic checks on the power of the executive in a democracy comes from the legislature’s oversight over funds.
  • The refusal to discuss the Finance Bill is symptomatic of the steady decline in the prestige and position of Parliament.
  • It is also a stain in the ideas that the Parliament embodies.
  • Notably, this Budget Session has spent the least time “discussing” the Finance Bill since 2004.
  • The government is registering the largest year-on-year decline in time spent on the Finance Bill.

What is the way forward?

  • The responsibility for the healthy functioning of Parliament is something that must be shared by every party.
  • The government, despite its electoral dominance and even because of it, must ensure that it encourages debate rather than circumvent it.

 

Source: Indian Express

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