Andhra Pradesh special status bill is referred to Lok Sabha Speaker

Amid the political jousting in Rajya Sabha over the Andhra Pradesh Reorganisation (Amen-dment) Bill that seeks special status for the state, deputy chairman P.J. Kurien on Friday referred the private member’s bill to Lok Sabha Speaker Sumitra Mahajan for a final call on its fate even as former Prime Minister Manmohan Singh urged the government to fulfill the commitments made by him two years ago. After about a hour of heated exchange between the BJP-led NDA government and the Opposition Congress on whether the proposed legislation falls under the money bill category or not, an objection raised by finance minister Arun Jaitley, the deputy chairman, concluded that as the confusion prevailed over the particular issue at the voting stage, he is referring it to the Lok Sabha speaker. His ruling triggered an uproar as the Congress members walked into the well and shouted anti-government slogans, resulting in early adjournment of the House.

The bill moved by Congress MP K.V.P. Ramachandra Rao last year was taken up by the House in this session on July 22 and was discussed at length a couple of days later.

“The Constitution does not give any power to the chair (of Rajya Sabha) to decide if it is money bill or not....The point is if the chair has any doubt he cannot decide...In a way, chairman of Rajya Sabha is vested with zero power whether it is money bill or not...I am giving ruling...Since the matter is under doubt, I refer the matter to the Speaker,” deputy chairman P.J. Kurien said. By rule, a money bill cannot be voted upon in the Upper House.

After former PM Manmohan Singh appealed to the House to honour commitments made by him on February 20, 2014, on the floor of the House to grant special status to Andhra Pradesh, Leader of the House Arun Jaitley said: “I am a member of this House and I am disappointing myself and my colleagues but we must accept the reality that framers of the Constitution gave certain jurisdiction to Lok Sabha only.”

He reiterated that the government stands by its commitment to fulfill all legal conditions set by the AP Reorganisation Act while saying that “there seems to be a divergence on the promises made by then Prime Minister and efforts are on to reconcile and they are in advanced stage.” “Some matters are rested with the Lower House and not the Upper House because Lok Sabha is an elected House. He argued that a vote of non-confidence can only be held in the Lok Sabha just like a money Bill can be introduced and voted in the Lok Sabha only and if there was any doubt on whether a Bill was a money Bill or not, the matter has to be referred to the Lok Sabha speaker whose ruling will be final,” Mr Jaitley said, asserting that the Bill was a money Bill because funds have to be appropriated from the consolidated fund of India.

After the finance minister concluded his speech, Mr Kurien sought opinion from different members and heard the legal luminaries during which Congress leader Kapil Sibal objected to Mr Jaitley’s interpretation, saying if one goes by what the finance minister said then all Bills introduced in Parliament will be a money Bill as all of them will need to have some appropriation from the consolidated fund of India.

The deputy chairman disallowed a few members to speak on the issue stating that all he wants is an opinion or a suggestion on whether it is a money Bill and not any form of discussion on the matter. Some Congress MPs, including leader of opposition Ghulam Nabi Azad argued that it was more about promises made on the floor of the House by then Prime Minister.