Wednesday, Apr 24, 2024
Advertisement
Premium

Government moves on enemy property ordinance, then drops it quietly

The main aim of the ordinance was to negate the effect of a court judgment in this regard.

On October 21, the government cleared two ordinances, both aimed at speedier settlement of commercial disputes in the country. A week later, the government wanted to get one more ordinance promulgated — one aimed at amending the Enemy Property Act, 1968 and the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.

The ordinance was aimed at amending the provisions declaring that all enemy property vested in the “custodian” of enemy property would continue to vest in the custodian and such property would continue to vest in the custodian irrespective of the death or extinction of the enemy. The main aim of the ordinance was to negate the effect of a court judgment in this regard.

[related-post]

However, unsure of getting parliamentary support for the legislation, the government decided to quietly drop the move, even before the cabinet could discuss it.
Sources in the government told The Indian Express that the government was also unsure of the response of President Pranab Mukherjee who has in the last few months sent out a series of thinly-veiled warnings/suggestions to the government and the opposition on various issues, including functioning of Parliament and conduct of legislative business.

Advertisement

In fact, on October 23, just before he granted assent to the ordinance on arbitration and the other one providing for constitution of Commercial Courts, Commercial Division and Commercial Appellate Division in the High Courts for adjudicating commercial disputes of specified value, the President met Union Finance Minister Arun Jaitley and Law Minister D V Sadananda Gowda at Rashtrapati Bhavan and sought some clarifications. He granted assent to the two ordinances only after Jaitley convinced him about the reasons why the two ordinances couldn’t wait till the winter session of Parliament, which begins November 26.

The Modi government, following in the footsteps of the previous UPA government, has clearly indicated its resolve to amend the Enemy Property Act, 1968. While the UPA government had promulgated the Enemy Property (Amendment and Validation) Ordinance, the Bill introduced in Parliament could not be passed due to various issues, including differences within the UPA government.

Festive offer

Since assuming office, the NDA government has taken the ordinance route at least a dozen times, with the first nine ordinances being promulgated in the first eight months of the Modi rule.

Upset with the series of ordinances, President Mukherjee had even gone to the extent of signalling to the government in January this year that the ordinance route should be taken only in “compelling circumstances”.

First uploaded on: 25-11-2015 at 00:28 IST
Latest Comment
Post Comment
Read Comments
Advertisement
Advertisement
Advertisement
Advertisement
close