NEW DELHI: In a stern message to the Narendra Modi government, Rashtrapati Bhawan has directed the ministries not to involve the office of President Pranab Mukherjee for opposing Private Member’s Bills. Democracy is built on honesty and President is a revered figure as head of state and commander-in-chief of the country with authority to protect the Constitution and its rule of law. However, his office recently noticed that some ministries are forwarding the Private Member’s Bills to the President for recommendation with ulterior motives, and quoting improper rules of the Constitution for introduction and consideration of the bills.
Omita Paul, Secretary to the President, has written to Ministry of Parliamentary Affairs that recommendations of the President contemplated under the Constitution fall within the ambit of the provisions of the article under which such recommendations are solicited and they cannot relate to matters that are not relevant to such article. “However, it has been noticed that some ministries forward Private Member’s Bills soliciting recommendation of the President beyond what has been contemplated under Article 117 (1) and (3).”
The President’s Office has said, “As per the rules envisaged in the Constitution, a Bill which, if converted into a law and involves expenditure from the Consolidated Fund of India, cannot be passed by Parliament unless the President of India has recommended for its consideration.”
Omita Paul, secretary to the President, said, “In particular, ministries have requested recommendations to oppose the Bill on the floor of the House.” Ministries have also requested recommendations “without submitting required documents like draft Bill, Statement of Objects and Reasons and Financial Memorandum”.
Requests have also been received by the President Office seeking recommendation for Bills with typographical errors in their title. Ministries have also requested recommendations by quoting erroneous articles of the Constitution for introduction and consideration of the Bill and giving very short notice; for instance, after a Bill has been listed in the list of business of the House.
The letter said requests have to be returned for correction and rectification entailing unnecessary delay. Ministries should not involve the Office of the President for opposing the Bill, a decision which has to be taken by the ministry,” the letter said.
According to sources, the Parliamentary Affairs Ministry took up the matter at the highest level, and in the second week of March, Union ministries were told to take utmost care while submitting Bills for soliciting recommendation of the President under Article 117 (1) and (93) of the Constitution.
President Mukherjee in April last year had recommended consideration of a Private Member’s Bill—the Farmers of Arid and Desert Areas (Welfare and Other Special Provisions) —introduced by Congress leader Ahmed Patel to provide for protective measures and special facilities for farmers of arid, desert and drought-prone areas, who are affected by natural calamities causing loss of crops, livestock, etc., making them vulnerable to debt, diseases and physical infirmities, exploitation by moneylenders and others.
Private Member’s Bills are received in the President’s Secretariat from ministries. They are sent with a self-contained note from the minister concerned, seeking recommendation of the President for the introduction and consideration of Private Member’s Bill under Articles 117 (1) and 117 (3) of the Constitution of India respectively.