UP government may now bring Ordinance against organized crime
The Yogi Adityanath government may bring an Ordinance to get the controversial anti-organised crime law going after a united opposition put a spoke in its wheels by stalling the UP Control of Organised Crime Bill 2017 in the Vidhan Parishad.lucknow Updated: Dec 27, 2017 15:56 IST
The Yogi Adityanath government may bring an Ordinance to get the controversial anti-organised crime law going after a united opposition put a spoke in its wheels by stalling the UP Control of Organised Crime Bill (UPCOCB) 2017 in the Vidhan Parishad on Friday.
However, prior to doing so, the governor will have to prorogue the winter session of the bi-cameral legislature since an Ordinance can be promulgated only during the recess of the houses that were only adjourned and not prorogued on Friday.
The Vidhan Parishad (upper house) on Friday referred the bill to its select committee on the opposition’s demand. The Vidhan Sabha (the lower house) where the BJP has a majority passed the bill a day before. The SP-led opposition that is up in arms against the UPCOCA has dominance in the upper house.
“Still, the state government has the option to promulgate an Ordinance to meet the requirement of urgency of the UPCOCA even if the Bill has been referred to the select committee,” noted constitutional expert BC Shukla said.
The governor can promulgate an Ordinance anytime, except when either house of the state legislature is in the session, if he is satisfied that circumstances exist that render it necessary for him to take immediate action.
“The second and the only other option available to the government is to wait for the upper house to exhaust the process it has already begun by referring the Bill to the select committee.
An Ordinance has the same force and effect as an Act of legislature. “But any such Ordinance will be tabled before both the houses for its passage and shall cease to be in force at the expiry of six weeks from the reassembly of the legislature,”Shukla explained.
The state may have to wait for a few months for the UPCOCA to be in force if the government goes for the second alternative. This is because, depending on the stand the opposition further takes, the upper house can put the bill on hold for a maximum period of four months while exhausting the procedure laid down in the Constitution, sources in the Vidhan Sabha secretariat said.
Sources, however, said the government was likely to promulgate an Ordinance very soon to have in place the UPCOCA which it saw as an effective weapon to break the backbone of the organized crimes in the state. “It is also a matter of government’s prestige,” they added.
According to Shukla, the government ought to bring an Ordinance in the case. “It cannot allow the opposition in the Vidhan Parishad to stall the Bill that has duly been passed by the popular house,” he stressed.