Mining Issue & Dharna Causes Sine Die Adjournment of Legislature Session

From Our Special Correspondent
Daijiworld Media Network

Bangalore, Jul 16: With the combined Congress and JD(S) opposition parties in both houses of Karnataka legislature continuing their dharna on the illegal mining issue and to press their demand for a CBI probe into the multi-crore scandal for the fifth day, the ruling BJP government in the State resorted to the strategy of getting the crucial financial bills as well as 11 important amendment bills by voice vote without even any discussion and got both houses sine die nearly 15 days ahead of the original schedule.

In an unprecedented move, the B S Yeddyurappa regime, which had originally proposed to hold the legislature session till the end of July and even for further extension if necessary, prevailed upon the Legislative Assembly Speaker K G Bopaiah as well as Legislative Council Chairman D H Shankaramurthy to curtail the session in both houses ahead of the schedule after getting the financial appropriation bill, the supplementary estimates of demands for grants as well as the demands for grants pertaining to all the 28 departments passed by voice vote before getting the legislature session terminated.

Though there have been instances in the past when the demands for grants pertaining to some of the departments had been passed without any debate and sometimes the governments of the day had resorted to the tactic of applying guillotine to enable the Legislature’s voting, this is perhaps the first time in the history of Karnataka Legislature that all the demands for grants pertaining to all the departments were introduced and voted without any debate in a matter of minutes. The legislature session passed the all important appropriation bill, supplementary estimates and the vote on grants of the budget proposals for the rest of the year till the end of March 2011 without any discussion.

As the Congress opposition leaders in both houses of the State legislature – Siddaramaiah and Motamma – had hurriedly left for Delhi for consultations with the party high command, it was left to the junior leaders of the Congress legislature party along with the leaders of JD(S) to lead the opposition’s day and night dharna in both houses of the state legislature.
 
Black Cloth, Slogans and T-Shirts:
 
While the Congress and JD(S) opposition members had continued their dharna in the well of both houses by wearing black clothes around their necks as a mark of protest, the ruling party members had hit upon the strategy of wearing yellow and white T-Shirts with slogans against the Opposition and Congress members for their unparliamentary and undemocratic tactics and also for the misuse of the funds collected for the relief and rehabilitation of the flood victims.

After getting the financial bills passed by voice vote, which is crucial to enable the Government draw money from the consolidated fund after July 31, both the legislature houses took up as many as 10 bills on various issues, including the most recent Lokayukta amendment bill, and got them passed by voice vote without any debate whatsoever unmindful of the slogan shouting by the opposition members. 

``Down, Down BJP,” ``Kick out corrupt BJP,” ``BJP hatao, Karnataka bachao,” and ``Gali gali me shor hai, BJP chor hai” and various other slogans rent the air. Members even tore apart copies of the bills and agenda papers and flung them inside the house. The presidining officers, however, continued with their task of getting the bills passed by voice vote in view of the comfortable majority enjoyed by the ruling BJP in both houses of state legislature.

The passage of the Karnataka Appropriation Bill, 2010, enables thegovernment to draw Rs. 72,059.21 crore from the Consolidated Fund of the State for the financial year 2010-11 for meeting demand for grants for 29 services of various departments.
 
Suo Motu Powers to Lokayukta:
 
Both the Houses adopted the Karnataka Lokayukta (Amendment) Bill, 2010, the Karnataka Highways (Amendment) Bill, 2010, the Karnataka Land Reforms (Amendment) Bill, 2010, Karnataka Private Medical Establishments (Amendment) Bill, 2010, Karnataka Advocates Welfare Fund (Amendment) Bill, 2010, Karnataka Motor Vehicles Taxation (Second) Amendment Bill, 2010, Karnataka State Higher Education Council Bill, 2010, Karnataka State Universities (Amendment) Bill, 2010, Karnataka Civic Bodies (Amendment) Bill, 2010. The Assembly also adopted the Karnataka Panchayat Raj (Amendment) Bill, 2010.

In the Assembly, Speaker K G Bopaiah began the proceedings by taking up Appropriation Bill and other Bills – though all Congress and JD (S) members were in the well of the House. Even as the entire Opposition staged a dharna before the Chair demanding a CBI probe into illegal mining, the Speaker took up the listed agenda and conducted proceedings.

The Karnataka Lokayukta (Amendment) Bill, 2010, provides for grant of suo-motu powers to the Lokayukta to investigate all public servants, including Chief Secretary, Additional Chief Secretary, Principal Secretaries, and Secretaries.

However, the Bill has left Chief Minister, legislators, and chairman, vice-chairman and members of boards, corporations, government companies, co-operative societies nominated by the Government out of the purview of the Lokayukta’s suo motu powers.

Complaints or allegations against the Chief Minister, legislators and chairman, vice-chairman and members statutory bodies can be inquired by the Lokayukta only if it is accompanied by an affidavit by the complainant.

The Bill was passed in both Houses of the State legislature by a voice vote.  There was no debate on 11 Bills tabled in the legislature following continued dharna by the entire Opposition demanding a CBI probe into illegal mining.

The Lokayukta had no suo-moto powers to investigate public servants getting a monthly pay of more than Rs. 20,000.

The amendment to the Karnataka Lokayukta Act, 1984, has partly restored the powers given to the Lokayutka, which were later withdrawn in 1986 by the then Ramakrishna Hegde Government. Absence of suo-moto powers and delay in the appointment of the Upa Lokayukta were major reasons cited by Lokayukta Justice N Santosh Hegde for his resignation, which he later withdrawn.

The Government has also appointed former High Court judge S B Majage as the Upa Lokayukta.  With this the Government has met both demands made by Justice Hegde.

At present, the Lokayukta was not empowered to discharge the duties of the Upa Lokayukta when the post of the Upa Lokayukta was vacant. To rectify this, the Act was amended to empower the Lokayukta to discharge the duties of Upa-Lokayukta when the post of Upa-Lokayukta was vacant and similarly to enable the Upa-Lokayukta discharging the duties of the Lokayukta when the post of the Lokayutka becomes vacant.

The Bill also enabled the legal heirs of an aggrieved person to file a complaint or purse the complaint already made. It also enabled the Lokayukta or the Upa Lokayukta to utilize the services of any officer or investigating agency of the State or the Central government or any person or other agency during investigation.
 
Other Bills:
 
The Karnataka State Universities (Amendment) Bill, 2010, envisages establishment of separate universities at Bellary and Belgaum having districts of Bellary and Koppal in respect of the Vijayangara Sri Krishnadeveraya University and Belgaum, Bagalkote and Bijapur districts in respect of Belgaum University for the convenience of students. With this the jurisdiction of the Gulbarga University will be confined to Gulbarga, Bidar, and Raichur districts and the Karnataka University to Dharwad, Gadag, Haveri, and Uttara Kananda districts.

The Karnataka Motor Vehicles Taxation (Second) Amendment Bill, 2010, was passed to reduce the life time tax in the case of construction equipment vehicles fitted with air compressors and generators from the existing 10 per cent of cost of the vehicle to six per cent of the cost of the vehicle.

The Karnataka Advocates Welfare Fund (Amendment) Bill, 2010, envisages increase in the retirement benefits of advocates from Rs. 15 lakh to Rs 4 lakh and to provide for medical relief to advocates.