The BJP-ruled State government is taking the Ordinance route to make sweeping legislative changes, particularly in two vital sectors — agriculture and industry —, since COVID-19 pandemic set in.
The government, led by Chief Minister B.S. Yediyurappa, since the March 25 lockdown, has taken Cabinet decisions to promulgate more than half a dozen Ordinances, including key laws governing land acquisition, agriculture marketing, and establishment of industries.
The amendments to the APMC Act, 2017, is for removing restrictions on the sale of farm produce anywhere outside the APMC yards. The changes introduced in a hurry, at the behest of the Centre, has faced strong opposition. The State Congress has termed it “interference” of the Narendra Modi-led Union government in the law-making process of the State Legislature.
Moreover, agriculture is a State subject.
The other major law that is set to be amended is the Karnataka Land Reforms Act, 1961. The Ordinance will repeal Sections 63, 79 and 80 of the Act to enable any non-agriculturalists to buy farm land and remove existing ceiling limits to own farmlands. Again, the Congress said that such changes in the law would spell doom for marginal and small land-holders. The Congress plans to hold a “jail bharo” against these changes.
The decision to amend the Bangalore Development Authority (BDA) Act, 1976, to regularise unauthorised houses built in BDA layouts, has also not gone down well with owners of houses. They have questioned the huge penalties, ranging from 10% to 40%, imposed for legalising their constructions.
The government’s decision to amend the Karnataka Industries (Facilitation) Act, 2002, for allowing entrepreneurs to set up industries on identified lands in districts, without waiting for clearances for three years, is also likely to create a storm during the next legislature session.
Congress leader Siddaramaiah has alleged that the government has been “subverting the democratic process” by bringing in Ordinances to amend laws. The State legislature is not in session owing to widespread COVID-19 pandemic. In fact, the Budget session of the State legislature was curtailed as a precautionary measure.
Immediate action is the objective
Under Article 213 of the Constitution, Ordinances are issued by the Governor based on advice from the Cabinet. The objective of Ordinances is to allow the government to take immediate legislative action, if circumstances make it necessary to do so at a time when the legislature is not in session. Ordinances are only temporary laws that must be approved by the State legislature within six weeks of reassembling. Else, they shall cease to operate. In 1986, the SC judgment in the D.C. Wadhwa vs. State of Bihar case declared that “the power to promulgate an ordinance is essentially a power to be used to meet an extraordinary situation and it cannot be allowed to be perverted to serve political ends”.