Jaitley’s tactics

The Union Finance has got away with changes to 40 laws without MPs, barring a few, noticing them or raising their voice against such unilateralism. Passing or changing laws without debate weakens the parliamentary institution and democracy, and fuels autocratic tendencies. The Speaker allowing the unethical clubbing of non-money law amendments with the Finance Bill 2017 was bad enough; doing it at the eleventh hour was clever but ugly. Jaitley would not have been that easily successful had India’s parliamentarians been half as awake, alert and assertive as their counterparts in the US who have forced an all-powerful President to withdraw a healthcare Bill meant to replace Obamacare.

Apart from flouting the Supreme Court order on Aadhaar and putting to risk of theft or misuse the personal data of citizens, the government has introduced a last-minute amendment that empowers tax officials to search and seize anyone’s property if they have “reason to believe”, or are satisfied, “that for the purpose of protecting the interest of revenue, it is necessary to do so.” They need not disclose or explain to anyone -- even the appellate tribunal – the reason for the raid. Worse, the law applies retrospectively—1962 onwards. In post-1975 cases property can be confiscated. Another amendment seeks to remove the limits imposed on companies donating to political parties. It will delete the provision requiring them to disclose donations. In one stroke corporate funding of politicians has been made anonymous by a government that insists on citizens’ transparency in financial transactions.

Yet another objectionable amendment attempts to wind up, merge or overhaul tribunals which take up for adjudication subjects previously handled by the Supreme Court. Set up by various Acts of Parliament, these tribunals will come under the Centre, which will fix terms for the appointment and removal of their chairpersons and members. Post Emergency tools meant to whittle down the judiciary’s independence, tribunals will now be under Central control. Being made part of the Finance Bill means these amendments with far-reaching consequences will get passed without scrutiny either by Parliament or its standing committees.