Minister of State for Home Nityanand Rai moved the Bill in the Upper House for discussion and passage. Several Opposition leaders cutting across party lines objected to the Bill that aims to fix the quota in higher posts in CAPF for the Indian Police Service officials, a policy that arguably deprives the central police organization personnel the opportunity to rise to these ranks.
TMC floor leader Derek O’Brien termed the Bill anti-federal and alleged that the government is trying to muzzle democracy and ruin Parliament through such laws. He used the time given to him by the Chair to protest in silence against the proposed legislation and then led a walkout of his party members from the House.
Ajay Maken (Congress) cited six court judgements in favour of CAPF personnel on this issue and said the Bill violates Article 14 and 16 of the Constitution. He made a special reference to Section 3 of the Bill that states, “notwithstanding any ruling” in the past this law will prevail and alleged that it is unconstitutional.
“This Bill seeks to strangulate the forces that guard our borders,” Maken, who served as Minister of State for Home in the UPA government, said. He recalled the formation of Cobra force and its impressive record in fighting naxalism. Sharing figures, he said, 529 CAPF personnel have laid down their lives while fighting naxalism and at the border. Their promotion cannot be stopped and progress stagnates.
Maken also spoke on the stress faced by the central police forces, saying 749 personnel have committed suicide while 46,000 have taken voluntary retirement. He demanded that the Bill be sent to a standing or select committee of parliament.
T Siva (DMK) underlined that his party is opposed to the Bill as it nullifies the Supreme Court ruling on the issue. He maintained that Parliament is over ruling judgements made by the apex court and violates the principle of separation of powers.CPM member John Brittas alleged the Bill suffers from fundamental infirmities and insisted Parliament cannot annul judicial orders. Both Siva and Brittas demanded that the Bill be sent to a parliamentary committee for scrutiny.
Vivek Tankha (Congress) said the violation of Supreme Court judgements on this issue goes against the Constitutional mandate. Article 141 of the Constitution is binding, he added.
The minister denied these allegations and defended the Bill. Rai said the Bill falls within Parliament’s right to legislate on the issue and the objections of the Opposition are misplaced.
Parliamentary Affairs Minister Kiren Rijiju backed Rai and underlined that the Supreme Court’s mandate is to interpret and arbitrate laws which are not being questioned in this exercise. But at the same time, the right of Parliament to legislate cannot be taken away.
Discussion on the Bill will continue during the session.
