[The three news stories below - all the three presumably motivated
leaks, make for an amusing and interesting reading.
A graphic illustration of the reigning confusions.
One thing, however, stands out clear and loud that that the policy of
"Sam Dam Dand Bhed", in this particular case at least, has as yet
proved ineffective. Nor it looks too promising.

***The essential issue is that if the Modi regime fails to get the
bill through, it'll suffer severe loss of face and credibility. The
much boasted 56" chest would shrink to 36", if not 26.
But if it flounders in an attempt to bulldoze, that'd be an even
greater disaster.***

*The other point which is not being discussed at all is the role of
the President in repromulgation of the controversial ordinance.
It is yet to be finally tested how pliable he opts to be.*]

I/III.
http://www.thehindubusinessline.com/economy/fate-of-land-ordinance-hangs-in-balance/article7032629.ece

Fate of Land Ordinance hangs in balance
Our Bureau



Bill is set to lapse on April 5; Govt may make renewed effort in Rajya Sabha
New Delhi, March 25:

The Cabinet has given its 'post facto' approval to 9 amendments made
in the Land Bill during its consideration and passage in the Lok Sabha
earlier this month. The Lok Sabha approved the amended Bill which is
now pending in the Rajya Sabha.

But, a final call on fate of the Ordinance will be taken by the
Cabinet subsequently, according to Finance Minister Arun Jaitley on
Wednesday. The Ordinance is set to lapse on April 5 as first leg of
the Budget session of Parliament failed to approve the legislation.

The Government is expected to push the Bill in the Rajya Sabha during
second phase of the budget session starting April 20.

Parliamentary Affairs Minister M Venkaiah Naidu and Rural Development
Minister Rao Birendra Singh tried to curb speculation that the
Government will let the Ordinance lapse. Opposition parties and even
some allies are trying to block the passage of Land Bill. The
Government is in minority in the Rajya Sabha which will make the
passage difficult. If the Ordinance lapses, farmers will not get
enhanced compensation for their land acquired especially for 18
exempted sectors such as metro projects. The Government can recommend
re- promulgation of the Ordinance to the President, but that can be
done even if one of the two houses of Parliament is prorogued (formal
end of the Budget session).

In another event, Naidu said, "I have seen in certain quarters today
that Land Acquisition Ordinance may be allowed to lapse. These are
speculations. Government has not taken any such decision to allow Land
Acquisition Ordinance to lapse." He also mentioned that whatever is
needed to be done will be done by the Government at an appropriate
time.

According to reports from Chandigarh, Union Rural Development Minister
said the Government is likely to make another effort for a consensus
on the Land Bill with opposition parties and might re promulgate the
ordinance.

"We are thinking of making one more attempt and talk to other
political parties so that we may have a consensus. As everyone is
aware Land Acquisition Ordinance will expire on April 5, may be we
will have to issue re-ordinance," he was quoted as saying.

(This article was published on March 25, 2015)

II/III.
http://www.business-standard.com/article/economy-policy/govt-can-re-promulgate-land-ordinance-endlessly-115032500951_1.html

Govt can re-promulgate land ordinance endlessly

The Constitution does not specify the number of times an ordinance can
be re-promulgated
Archis Mohan  |  New Delhi
March 25, 2015 Last Updated at 19:30 IST

 The government, averse to proroguing one of the Houses of Parliament,
is likely to let the land ordinance lapse on April 5. But Prime
Minister Narendra Modi and his senior ministers favour re-promulgating
the ordinance once the Parliament session concludes on May 8. It is
likely that the government might re-promulgate the ordinance endlessly
every six months. The Constitution does not specify the number of
times an ordinance can be re-promulgated.

The government had promulgated the land ordinance, aimed at amending
the 2013 Land Act, in end December. A bill to replace the land
ordinance was passed by the Lok Sabha on March 10, but is yet to be
introduced in the Rajya Sabha. An ordinance has a life of six months
but lapses if not approved within six weeks of the commencement of a
Parliament session. An ordinance also cannot be promulgated if either
of the two Houses is in session, including in the scenario when the
Houses are observing a break.

The first half of the budget session of Parliament started on February
23 and went in for a month long break on March 20 before the second
half convenes on April 20. The six weeks of the Land Bill expire on
April 6. The session ends on May 8. According to constitutional
experts like Subhash C Kashyap, the government can re-promulgate the
ordinance the very day and that too with retrospective effect, which
is from the day the ordinance lapsed on April 6. There is also nothing
in the Constitution that bars re-promulgating an ordinance endlessly,
Kashyap says.

Other options with the government include proroguing, that is ending,
one of the two Houses to facilitate re-promulgating the ordinance with
immediate effect from April 6.

As for the legislative process, the government can introduce the bill
in the Rajya Sabha when the Houses meet after the break. The
government is in a minority in the Rajya Sabha and can expect the
Opposition to insist that the bill be sent to a select committee. It
can also await the Opposition to defeat the Bill. This will pave the
way for convening a joint sitting of Parliament to ensure the passage
of the bill. But the joint sitting mechanism is also tricky if the
Shiv Sena, which has opposed the bill, joins the ranks of a united
opposition in voting against it. The National Democratic Alliance,
without the Sena, has less than half the seats of the two Houses
combined.

According to people in the know, the option of re-promulgating the
ordinance looks most realistic given that Prime Minister Modi is
committed to the land bill. Senior government ministers held a meeting
at the PM's residence on Tuesday evening to chart out future strategy
on the issue.

"People are judging the potential impact of the bill sitting in big
cities without realising the thirst for development among the youth of
smaller towns and villages. People had made fun of Modi ji when he had
promised 24x7 power supply to towns and villages of Gujarat but had to
eat crow when his government made it a reality," Shrikant Sharma, BJP
national secretary, said reflecting the government and BJP's
conviction that the land bill was a panacea to the lack of hospitals,
schools, roads, power supply, check dams, irrigation and other
development that ails large parts of India.

The BJP has put in place a team of dozen spokesperson in every state
to reach out to the media, while it expects its nine crore newly made
party members to talk to farmers that the land bill was as much about
making agriculture more profitable by providing better irrigation
facilities as it was for job generation for their children.

The prospect of losing Bihar assembly because of opposition propaganda
on land acquisition does not worry the Modi government. The PM wants
to go into the 2019 Lok Sabha elections with development that he can
show on the ground, and he is convinced that the land bill or
ordinance is essential for him to achieve all that he promised in the
2014 elections.

Land ordinance options

Allow it to lapse on April 5, re-promulgate in back date when session
concludes on May 8

Re-promulgate it endlessly while keeping it in abeyance in RS

Prorogue one House by April 5 to re-promulgate with immediate effect

Introduce in RS, call joint session if bill defeated

III.
http://economictimes.indiatimes.com/news/politics-and-nation/land-bill-government-mulling-various-options-like-issuing-ordinance-by-proroguing-one-of-the-houses/articleshow/46692304.cms

Land bill: Government mulling various options like issuing ordinance
by proroguing one of the Houses
By PTI | 25 Mar, 2015, 09.31PM IS

NEW DELHI: Battling strident opposition to the land bill in Rajya
Sabha where it lacks numbers, Government is mulling various options
like issuing ordinance by proroguing one of the Houses, though there
is also a strong view that it should be allowed to lapse unless a
consensus builds.

For the time being, Government is sticking with nine amendments that
it had brought in the bill during its passage in Lok Sabha earlier
this month.

Union Cabinet today gave "post facto approval to those amendments.

"We had given some amendments. The Cabinet has today given post facto
approval to those amendments," Union Minister Ravi Shankar Prasad told
reporters at the Cabinet briefing.

He was asked whether the issue of land bill came up for discussion at
the Cabinet meeting. "We have informed you about all Cabinet
decisions," was the reply of another minister Piyush Goyal, who
declined to go into the issue of land bill.

Sources in the government meanwhile said that that there have been
instances in past when ordinances were issued on pending bills even
when Parliament was in session in some way.

"There are instances of ordinances issued when the Lok Sabha was in
session but the Rajya Sabha was not in session and the bill on the
subject matter was pending before Parliament.

"Similarly there are also instances of ordinances issued after the
Rajya Sabha was prorogued and the Lok Sabha was adjourned sine die but
not had not been prorogued, the sources in the government said.

This means that the government has the option of proroguing one of the
Houses during the ongoing session and repromulgating the ordinance.
Sources cited six examples from the past when ordinances were
promulgated when one of the Houses was prorogued.

The thinking in the government has come at a time when its efforts to
build a consensus on land bill has failed with most of non-NDA parties
opposing the measure tooth and nail even as Government brought nine
amendments in its earlier bill to replace the ordinance.

While the NDA, which has more than a majority in Lok Sabha passed the
bill with nine amendments, it is finding it impossible to get it
through in Rajya Sabha where numbers are stacked against it.

Amid the on-going suspense on the fate of the bill, Finance Minister
Arun Jaitley said the Cabinet will take a call on it.

"You will have to wait for the Cabinet to take a decision," he said at
 The Growth Net' event here. Cabinet, he said, "will take a call" on
the entire issue.

Giving details, the sources said that that the Travancore-Cochin
Approporiation (Vote on Account) Ordinance, 1956 was promulgated by
the President on March 31 that year two days after the Bill was passed
on March 29.

Similarly the Essential Services Maintenance Ordinance 1957 was
promulgated on August 7 after the bill was passed by Lok Sabha on
August 6. The Armed Forces (Special Powers) Conti Continuance
Ordinance was promulgated on April 2 1964 even as a bill to replace
the Executive Order was introduced in the Lok Sabha on March 25 in the
same year.





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