The reckless handling of the decision embarrassed the Prime Minister (who must share some of the blame), pushed Punjab Prime Minister Surjit Singh Barnala into a corner where he had no choice but to oppose it, and alienated an opposition that had begun to lead the way in Government.It was never entirely clear. what the centre wanted to do. No sooner had the monsoon session of parliament begun in July than the government called on opposition leaders to discuss their proposal to amend the constitution to give themselves special powers to take over administration in Punjab`s border districts. Madhu Dandavate, chairman of the Janata Party, pointed out to Prime Minister Rajiv Gandhi that no changes were needed and that the government already had the power under Article 249 to enact laws on state entities. Rajiv Gandhi accepted the proposal. But no one – neither Rajiv Gandhi nor the opposition – anticipated the storm that this decision would unleash in Punjab. After six members of Barnala`s cabinet threatened to resign if the decision passed, the Punjab cabinet passed a resolution unanimously opposing it. Accused Agriculture Minister Harbhajan Singh Sandhu: “Buta Singh wants to rule Punjab by proxy.” Parliament`s power to legislate on a matter in the list of states in the national interest. 249. (1) Notwithstanding the above provisions of this chapter, if the Council of States has declared, by a motion for a resolution supported by at least two-thirds of the members present and voting, that it is necessary or expedient in the national interest for Parliament to pass laws relating to 1 [Goods and Services Tax in accordance with Article 246A or] to a matter listed in the State. Unfortunately, the BJP saw the proposed changes as essential to free up a large number of stranded infrastructure projects and restart the investment cycle.
Therefore, potential investors in India and abroad, credit rating agencies and multilateral financial institutions have embraced the passage of the Land Act as a litmus test of India`s performance on the reform front. However, prominent economist Nitin Desai and right to information activist Venkatesh Nayak have argued convincingly in their articles and e-mails that the land law has little to do with stalled projects, especially in the private sector. 1. Notwithstanding the preceding provisions of this chapter, where the Council of States has declared, by a resolution supported by at least two-thirds of the members present and voting, that it is necessary or expedient in the national interest for Parliament to legislate on any matter included in the list of States specified in the resolution: It is lawful for Parliament to legislate for all or part of the territory of India in respect of this question as long as the resolution remains in force. The author is Professor Emeritus at the National Institute of Finance and Public Policy. According to reports, this about-face by the BJP on the amendment of the land law is not so much due to opposition from the Congress-led opposition, but to strong reservations about the amending law among its own members, allies and sister organizations within the Rastriya Swayamsevak Sangh (RSS) such as the Bharatiya Kisan Sabha, Bharatiya Mazdoor Sangh, Swadeshi Jagran Manch and Vanavasi Kalyan Ashram. This is because the land issue represents one of the great divisions of Indian politics, crossing party lines the division between the agricultural interests of rural India, Bharat, and the corporate interests of urban India. The BSF already has the power to search, seize and arrest in a 15km belt along Punjab`s border with Pakistan. Now, he will also have the power to prosecute, with the CBI leading the investigation.
What should have been an administrative exercise had become a political affair in which the Union government was at odds with Barnala and the opposition. Rarely has there been a more avoidable controversy. The rash handling of the controversy unnecessarily embarrassed the prime minister and pushed Barnala into a corner. Echoing forced closure movements in Britain and the 18th century and elsewhere in Europe, forced land acquisition is not uncommon in countries transitioning from an agricultural to an industrial economy. This provoked much anger among the peasants whom the Congress Party had hoped to exploit. The 2013 land law blocked this forced alienation of peasant land and restored the balance in state policy between rural and urban interests. The BJP`s about-face on the proposed amendment underscores the need to maintain this political balance while pursuing a reform agenda in India. Home Laws and Rules Indian Laws Indian Laws – Laws Constitution of India List of chapters Chapter XI RELATIONS BETWEEN THE UNION AND THE STATES This resistance of Barnalas was more reasonable. For him, applying Article 249 to Punjab would not only undermine state autonomy, an issue dear to the Akalis, but would inevitably be counterproductive, as it would create a very confusing situation in the seat belt. Barnala also sent a letter to Rajiv Gandhi highlighting the success of the sectoral programme implemented by the state under the leadership of Police Director J.F. Ribeiro – under which dozens of hard-line terrorists were arrested in the three terrorist-affected districts of Amritsar, Gurdaspur and Kapurthala.
Even for a government with a growing number of flip-flops on key measures, this was something special. In an attempt to sever the terrorists` ties with Pakistan, the center underwent a months-long tangled exercise to give itself special powers, which over the past two weeks ended where it should have started: in consultation with the relevant prime ministers. Reiterating his call for 60 additional companies of paramilitary forces, Barnala added: “If we have done so much, invoking special powers under Article 249 certainly means a lack of confidence in the state government`s handling of the situation. Ribeiro and his men will feel demoralized. In its analysis of blocked projects, the 2015 National Economic Survey does not even mention land acquisition as a factor for private sector projects, which account for 78% of blocked projects. Of the 804 blocked projects listed by the Ministry of Finance, land acquisition is a factor for only 66 (8%). Among these, 10 projects are dedicated to elite consumption such as shopping malls, hotels and resorts, high-end residences and villas, golf courses, etc.