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“Sense of House will have only persuasive value” by J Venkatesan

-The Hindu

 

It may not be binding on the Standing Committee: experts

The ‘Sense of the House' resolution adopted by Parliament on the three key issues raised by social activist Anna Hazare on the Jan Lokpal Bill may not be binding on the Standing Committee, considering the draft but it will have persuasive and even moral value, say legal experts.

The resolution moved by Union Finance Minister Pranab Mukherjee says: “This House agrees ‘in principle' on the following issues of Citizen's Charter; lower bureaucracy under Lokpal through an appropriate mechanism; and establishment of Lokayukta in the States.

Senior advocate and Constitutional expert P.P. Rao says the ‘Sense of the House' has been conveyed to the Committee. Though it is not binding, it is for the committee to consider the issues discussed seriously and give its recommendations to Parliament which will ultimately enact the law.

Senior advocate C.S. Vaidyanathan says: “There is no commitment on the part of Parliament on the Lokpal Bill. The issues raised by Mr. Anna Hazare have been discussed and the pious wishes of the members are conveyed to the select Committee. It would have made no difference if the resolution had been put to vote and sent to the Committee since the resolution in whatever form has no binding character. Ultimately even if a law is made contrary to any resolution passed by Parliament, no one can question the wisdom of Parliament.”

Senior advocate K. Subramaniam also feels that except for the fact that the select Committee could go into the nitty gritty of the Lokpal bill or whether the Prime Minister could be included and if so in what manner, such resolutions will have only persuasive value on the Committee. Though the Committee could not completely ignore the sense of the House, it was not bound to accept it as it is, says Mr. Subramaniam.

‘Face-saving measure'

Senior advocate Aryama Sundaram says in the context of Mr. Hazare's fast, the Sense of the House is a face-saving mechanism for everybody. It is only a recommendation which is not binding on the select Committee, which already has four Lokpal Bills. Similarly the recommendations of the select Committee on the final Lokpal Bill are also not binding on Parliament. The Sense of the House only says “we are interested in these issues, please consider them while dealing with the Bill.”

Advocate Mohan Katarki says irrespective of whether the resolution is adopted without a vote or put to vote under Rule 184, such a resolution is not binding on the select Committee. It only conveys the mood of the House and through the resolution, Parliament has spoken its mind. The government's proposal, as with the approval of all the parties, has been conveyed to the select Committee which can consider the suggestions in drafting the Bill and send its recommendations to Parliament.