N-liability Bill deferred as Congress MPs go missing

The government was compelled to defer the introduction of the controversial Civil Liability for Nuclear Damage Bill, 2010, in the Lok Sabha on Monday at the last minute as about 35 Congress MPs and some ministers remained absent despite a party whip.

The Union finance minister and Lok Sabha leader, Mr Pranab Mukherjee, is to issue a showcause notice to them asking why they remained absent, parliamentary sources indicated here on Monday night. "Yes, it is a loss of face. But the survival of the government is more important than the Bill," Union ministers said, recalling how the Vajpayee government had been defeated by just one vote about 10 years ago.

The Bill limits the liability a nuclear plant’s operator in case of an accident at Rs 500 crore. It envisages the setting up of a commission that will investigate and decide who was responsible for the accident, if one happens.

A section of the Congress felt the Bill may have been deferred because of the Trinamul’s opposition, but others questioned how it could join hands with the Left on this issue. Trinamul sources maintained that the party is yet to discuss the Bill and decide its stand. It is learnt that a section within the Trinamul ranks is opposed to the proposed legislation.

Neither the government nor the Congress was able to provide a convincing explanation as to why the Bill was deferred. Was it due to the absent MPs, or the Trinamul’ threat, or were there other hidden factors that compelled the government to delay the introduction of the Bill?

The Prime Minister, Dr Manmohan Singh, was said to be keen on the Bill’s introduction before his visit to the US next month. But this is possible only if the government introduces the Bill in the Lok Sabha on Tuesday, the last day before the three-week recess begins. (The BJP turned down an appeal by the Prime Minister to support the Bill).
The government lacks numbers in the Rajya Sabha as well after the coming together of the NDA, Left, Samajwadi Party and non-Congress parties. Congress sources said the leadership decided to crack the whip as their absence would have led to "loss of face" if the bill was introduced and defeated at that stage itself in case of voting by division. They pointed out that the absence of the MPs and ministers was glaring in view of a three-line whip that was already in place for a bill on archaeological monuments. Added to this was the absence of MPs belonging to coalition allies Trinamul Congress and NCP, the sources said, adding that in such a situation it would have been a "close call".

The Treasury benches grew worried at the number of notices received from the Opposition, including one from Mr Yashwant Sinha (BJP), and Mr Basudeb Acharia of the CPI(M) revealing their intention to oppose the measure at the introduction stage itself.

According to sources, both the controversial bills — the Women’s Reservation Bill and the Civil Liability for Nuclear Damage Bill — could be introduced in the Lok Sabha after a three-week recess, that is after April 12.

Congress MPs have never been serious about their attendance in the House. "We have to prepare for voting any day, we cannot just depend on the laxity of the Opposition," government managers said. Some of the Union ministers are also said to be on tours abroad.

Earlier, the minister of state in the Prime Minister’s Office, Mr Prithviraj Chavan, who was to introduce the bill in the Lok Sabha, realised that the government lacked the numbers to face a floor test if the Opposition pressed for a division at the introduction level. He brought this to the notice of the Prime Minister and Mr Mukherjee after a meeting of the Union cabinet on Monday morning.

The Congress president, Mrs Sonia Gandhi, was informed of the "distress" situation. When the Lok Sabha met, he informally conveyed the government’s decision to defer the bill to Leader of the Opposition in the Lok Sabha, Mrs Sushma Swaraj, the NDA working chairman, Mr L.K. Advani, the Left’s Basudeb Acharia, SP’s Mulayam Singh Yadav and JD(U)’s Sharad Yadav.

While the Opposition was not intact as the BSP members (21) and RJD (three) were absent, the Congress allies were not in full strength. The Trinamul chief and railway minister, Ms Mamata Banerjee, has been giving conflicting signals on these two bills.

The sources said floor managers were of the view that there could be a problem of numbers on Monday morning but they did not expect it to be so bad as to warrant delaying the bill’s introduction. On the other hand, the Opposition was itching for a division to defeat the government’s plans to introduce the bill. At least 15 notices were received from Opposition members expressing their intention to block the bill at the introduction stage itself.

Rattled by the absence, the Congress decided to issue showcause notices to 35 of its MPs, including ministers, asking them why action should not be taken against them.

Information of the government’s decision came just before Mr Chavan was slated to introduce the bill. The Lok Sabha Speaker, Ms Meira Kumar, then said that she had received a notice when Ms Swaraj stood up to demand that her party be allowed to speak against the proposed legislation. The Speaker informed her that the government does not intend introducing the Bill on Monday, which was greeted with thumping of desks by BJP MPs.

Several BJP and Left MPs jumped to their feet to protest against the Bill only to be told by the Speaker, "I have accepted the request... the Bill has not been introduced... we have moved on to Zero Hour."

Of course, indications of the government’s intention had come prior to the formal announcement by the Speaker for Mr Chavan was seen walking up and uttering a few words to Mr Sharad Yadav and Mr Basudeb Acharia as also to Mr Advani and Ms Swaraj while they sat in their seats.
Ms Swaraj later drew the Speaker’s attention
to the fact that the government had said that it "intends" not to introduce the Bill. She pointed out that the Lok Sabha does not run based on the government’s intentions but follows the rules laid down for it. Ms Swaraj maintained that since the Bill was slotted for introduction in Monday’s business list, a motion needed to be introduced by the Speaker on whether the government could be allowed to withdraw its decision. The Speaker then ruled that since the Bill had not been introduced, there was no need for a motion to allow its withdrawal.

A little later, Mr Advani stood up to speak, telling the Speaker, "Your decision is correct. But the Bill is listed... if the government suddenly decides not to introduce it, that is its right." But he added, "It is the government’s kartavya (duty) to tell the House why it is not being introduced. When it was in the business list, why is it being postponed?”