10th Assembly leaves a lot of business behind

By Roy Mathew

THIRUVANANTHAPURAM, MARCH 9. The 10th Kerala Legislative Assembly, which concluded its last sitting on Thursday, has left a lot of business behind.

The House could not take up about 50 published Bills, including Bills to replace Ordinances. These Bills would now lapse. They would have to be published afresh for the new House to take them up.

Usually, every item of legislation thought to be needed by the Government is published by the Legislature. The House takes them up for consideration depending on the priorities.

Though Bills have been left unattended by the House in the past also, this was the first time that Bills to replace a number of Ordinances were left behind by the House. (The Ninth Assembly had left behind one Ordinance requiring replacement).

The budget session that ended on Thursday was so brief (13 days) that the House got time only to pass the Appropriation Bills pertaining to the Vote on Account for the coming financial year and the supplementary demands for the current year.

The full budget is to be passed by the new Assembly.

The Ordinances, which the House could not replace, include the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Ordinance, the Kerala Child Labour (Release, Rehabilitation and Welfare) Ordinance, the Kerala Motor Transport Worker's Welfare fund (Amendment) Ordinance, the Kerala State Paddy Board Ordinance, the Kerala Advocates' Welfare Fund (Amendment) Ordinance, the Kerala State Labour Authority Ordinance, the Local Bodies Laws (Amendment) Bill and the Cochin University of Science and Technology (Amendment) Ordinance.

The Forest Ordinance had earlier attracted a controversy over the Governor signing it after the Cabinet decided on convening the Assembly in June last year.

Subsequently, it was reissued twice as the House could not enact a Bill to replace it. Now it would have to be re-issued a third time along with the other Ordinances. This goes against the spirit of Supreme Court judgments in the past.

The Government, however, has an excuse that the Bill could not be replace in the last two sessions as the Opposition disrupted the proceedings.

The Governor had sent back two Ordinances -- one to amend the Handicrafts Workers Welfare Fund Act and the other for formation of a National School last month -- as the Cabinet recommended them along with the recommendation to summon the Assembly.

The House could not consider the respective Bills. So, these too would now have to be promulgated as Ordinances if the Government wants them enacted before the end of its term.

The House had sat for 268 days in five years, which fell far short of the target fixed by the All India Speaker's Conference 15 years ago.

The conference had recommended that the House should sit for about 100 days in a year. The House crossed only half the number of sittings proposed.

However, it was ahead of the Ninth Legislative Assembly by a few days. The Ninth Assembly sat for only 264 days. The record in this respect is that of the Eighth Assembly which had 312 sittings. The fifth Assembly sat for 143 days, sixth for 112 days and the Seventh Assembly for 249 days.

The Fourth Assembly had 322 sittings, but its term had been extended thrice during the emergency. It had enacted 266 legislations over a six-year period, achieving a record in that respect.

If the present House had sat for 100 days a year, it could have taken up the remaining legislation. It passed 104 Bills during the past five years. They included important legislations such as Kerala Lok Ayukta Bill, Kannur University Bill, Bills abolishing the pre-degree course and the Revenue Board, the Cooperative Societies (Amendment) Bill and the Sports Bill. (The Sports Bill was the first legislation on Sports in the country.)

The House had also adopted comprehensive amendments to the Kerala Panchayat Raj Act and Kerala Municipalities Act. The Bills for setting up Industrial Revitalisation Fund and Single Window Clearance System was also enacted during the tenure of this Assembly.

Besides, several legislation for ensuring welfare of various categories of workers were adopted during this period.

The House, which was constituted on May 26, 1996, is among the few which have completed the full term in the State. It is also the first House with a majority for a leftist alliance to complete the full term.

It saw the transition from the 20th to 21st century, and had its sessions both in the Old Assembly buildings as well as the New Assembly Complex.

It also had the privilege of being addressed by the President and the Vice-President, though respectively at functions organised to celebrate the 40th anniversary of the legislature and dedication of the Old Assembly building as a historic monument.

The Chief Minister, Mr. E. K. Nayanar, who became a member of the House through a by-election, became the person with the longest innings as Chief Minister of the State.

The Speaker, Mr. M. Vijayakumar, also set a similar record, as the longest serving Speaker of the House. Mr. Baby John, who could not attend the last sessions of the House on account of ill-health, became the member with longest innings as a member.

The House formed an Ethics Committee for the first time, a few years ago, to consider complaints against members. This was constituted as Committee on Privileges and Ethics by extending the role of the Privileges Committee.

One can view that as a positive development reflective of, also, the problems in the conduct of the members. The House is admitting that it not only should enjoy privileges but should also ensure ethical behaviour.

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