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Why Parliament's Winter Session Will Be A Washout

The biggest casualty will be the government's pet project, the Constitution amendment bill — the Goods and Services Tax (GST) Bill.

This winter session from Nov 26 to Dec 23 is likely to be another stormy session, no different from the previous one when chaos, acrimonious scenes and din was the order of the day in both Houses. The opposition wants a debate and action on the growing intolerance across the country and unless the government deploys its best managers both in the House and outside it, the coming session is likely to go the Monsoon Session way. It was a washout.

The biggest casualty will be the government's pet project, the Constitution amendment bill — the Goods and Services Tax (GST) Bill.

Notwithstanding the fact that the government is "definitely keen" to pass the GST Bill, it has moved at a snail's pace to reach out to opposition leaders. Over and above just ten days ahead of Parliament session Subramanium Swamy's charges questioning Rahul Gandhi's citizenship has vitiated the atmosphere. Although the Congress had already termed the allegations false and frivolous, Rahul challenged Prime Minister Narendra Modi to put him behind bars if found guilty.  

The slight hope that had emerged following Finance Minister and Leader of the House in the Rajya Sabha Arun Jaitley's visit to Congress vice president Rahul Gandhi recently, which was apparently to invite Rahul for his daughter's wedding in December, also seems to have fallen flat. It had raised speculation that they might have discussed the GST issue. Even if Jaitley raised GST with Rahul, sources say Rahul's stand is clear: such issues will be discussed with party leaders such as Ghulam Nabi Azad in the Rajya Sabha and Mallikarjuna Khadge in the Lok Sabha before the party takes a stand.

In an effort to reach out to Dalits and the opposition, the government conceded the demand of the opposition to dedicate a discussion on Dr BR Ambedkar, the chairman of the Drafting Committee of the Constitution. It was strategically decided to keep the discussion on the first two days, not just to commemorate the adoption of the Indian Constitution but "it was thought that at least the first two days would run smoothly," said a senior minister in the Modi cabinet.

On the Opposition's front, there has been no formal serious discussion on the strategy to be adopted in Parliament. In Bihar, a huge number of leaders were at Nitish Kumar's swearing in ceremony today, raising speculation that it might have given the non-NDA leaders a chance to have some kind of a dialogue on the crucial strategy at high tea. Even if it was not possible because of paucity of time, it definitely sends a message and a psychological pressure on the NDA. Interestingly, Uttar Pradesh chief minister Akhilesh Yadav who had confirmed his attendance, did not turn up.

Earlier most of the political leaders were geared towards the Bihar assembly polls. Subsequently Ghulam Nabi Azad who is Leader of Opposition in the Rajya Sabha, got busy in the 15-Warangal (SC) Lok Sabha by-elections and senior parliamentarian and JD(U) leader Sharad Yadav who normally coordinates the opposition's floor management was also busy with the Ratlam-Jhabua Lok Sabha byelections. JD(U) leader KC Tyagi told Outlook formal discussions amongst Opposition parties are likely to happen from Nov 23 onwards.

The NDA will meet on Nov 25 to discuss its own strategy followed by an all-party meeting the same day. Apparently, cabinet ministers and all members of Parliament of the NDA have been told to do their home work thoroughly so that they are geared up for debates and discussions and don't falter at crucial moments.

The GST Bill, or the Constitution (122nd Amendment) Bill, 2014 was passed in the Lok Sabha on May 5, 2015 and sent to the Rajya Sabha. A Select Committee was constituted to look into the Bill. The committee submitted its report to the Rajya Sabha on July 22, 2015. Former secretary general of Lok Sabha Subhash Kashyap told Outlook, in a situation like the GST the government has four options — make amendments and pass, refer it back to the same committee, refer it to a different committee or reject the bill.

The Congress's demand is for a cap on the amount of taxation; it is opposed to the imposition of an additional 1% tax; its demand is for a mechanism like a neutral authority to resolve disputes between states and the inclusion of alcohol, tobacco and petroleum products in the new tax regime. According to a senior Congress leader, if the government concedes these demands, the party will agree to support the bill.

Three notes of dissent had been submitted along with Select Committee report by MPs. From the Congress, Madhusudan Mistry, Mani Shankar Aiyar and Bhalchandra Mungekar submitted one dissent note, a second dissent note was by AIADMK A. Navaneethakrishnan and a third by CPI members KN Balagopal and D. Raja. Navaneethakrishnan's suggestion is to allow states to retain 4% of the centre's share of GST on all inter-state supplies of goods instead of levying the 1% additional tax. Three notes of dissent were in favour of states having ¾ of the weighted votes and the centre ¼ in the GST Council. States opposed to the GST feel that it would harm the advanced and manufacturing states.

On Rahul's citizenship issue, a senior Congress leader said the party would firm up a counter offence depending on Speaker Sumitra Mahajan move. Swamy has written to Lok Sabha Speaker on the issue. Khadge said it would all depend whether the issue is raised in calling attention, short notice or zero hour.

President Pranab Mukherjee's has in the recent past repeatedly expressed concern on growing intolerance in society. Taking a cue from there, the opposition is all set for a debate on the issue to put the government on the mat. KC Tyagi, "Only discussion, passing resolution and PM"s intervention won't do. We would demand for action against some of their ministers and others for their irresponsible statements."

Interestingly, the Standing Committee on Home was scheduled to discuss social and communal harmony issue on Nov 18. The committee is headed by a Congress MP. Sources said the home secretary regretted since an urgent meeting had come up in the PMO. Subsequently the meeting was cancelled. "It was a blessing in disguise for the government; when Parliament is going to rock on the issue of intolerance the government obviously would not like to reveal all details in advance," said a member of Parliament.

There are many bills that have been passed in the Lok Sabha and awaiting clearance from the Rajya Sabha such as the Juvenile Justice (Care and Protection of Children) Bill, 2014, the SC and ST (Prevention of Atrocities) Amendment Bill, 2014 and the Whistle blowers Protection (amendment) bill, 2015. Among the bills that are pending are the Real Estate (Regulation and Development) Bill, 2013 and the Electricity (amendment) Bill, 2014.

While Derek O'Brien of the Trinamool Congress said his party was in favour of "debate, discuss and legislate" in Parliament and "we should maintain unity in diversity in a meaningful way."

The NCP had an internal meeting of the party with Sharad Pawar on Nov 19 and it was decided that the party would like Parliament to function and not become confrontationist. DP Tripathi said, "We would however raise issues of intolerance in society, attacks on rationale forces, attacks on freedom of expression, drought relief, drinking water problem in Marathwada region and price rise".

While intolerance is high in the agenda of the opposition, rural distress, drought and price rise is also a priority for the opposition. The JD(U) will also demand for a debate on Nepal and what went wrong in the country's decades old diplomatic relations with Nepal. According to CPM leader Mohammad Salim, intolerance and attack on social fabric, rise in fanaticism and the ministers provocative statement will be major issues to be debated in Parliament. Price rise issue will be raised by the CPI as part of the economic policy of the government.

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