Justice Rajindar Sachar former President of People Union for Civil Liberties has issued the following statement:
The Central Government decision to promulgate Ordinances for enhanced F.D.I. in Insurance and Coal Mines Bill is absolutely illegal and fraud on the Constitution of India.
That the Central Government should unashamedly admit that it is issuing ordinance because it could not get these legislations passed in parliament is by itself a solid reason for the President to refuse to issue the ordinance. If the matter was so urgent why was the parliament sessions not extended. The Supreme Court (1987) has categorically held that the ordinance making power “is in the nature of emergency power to take action when the legislature is not in session this power is to be used to meet an extraordinary situation and it can not be allowed to be” “perverted to serve political ends”.
Is the urgency born out of compulsions to honour a secret pact with foreign invertors, who in any case will not invest in this uncertain State of law. Why this unseemly hurry. L.I.C. has given to the Central government dividend for the last 5 years, namely;-
Dividend to Central Govt. (5% surplus fund) (In Crore)
2008 – 09 2009 – 10 2010 – 11 2011 – 12 2012 – 13
L.I.C. 929.12 1030.92 1137.62 1281.23 1436.38
The Ordinance on Coal Mines is in violation of the Coal Mines Nationalization Act., which prohibits mining of Coal by private parties. This device is a crude attempt to set at naught Coal Nationalization law by ordinance which is totally impermissible. It is to be hoped that President will decline to issue the Ordinance.