Date:21/01/2006 URL: http://www.thehindu.com/2006/01/21/stories/2006012118711200.htm

National

When President Kalam gave Government anxious moments

Harish Khare

Government answered his ``queries'' on Constitution Amendment Bill

A.P.J. Abdul Kalam

New Delhi : President A.P.J. Abdul Kalam is reported to have given on Friday evening his assent to the Constitution (104th Amendment), Bill, 2005 thereby ending two days of intense anxiety for the United Progressive Government.

According to authoritative sources, the President came very close to withholding his assent to the Bill. The proposed constitutional change seeks to insert a new clause — Clause 5 — to Article 15. This enables the enactment of laws, making special provisions for the socially and educationally backward classes, the Scheduled Castes and the Scheduled Tribes in educational institutions, except in minority institutions. The Bill was passed by the Lok Sabha and the Rajya Sabha during the Parliament session in December 2005.

However, before the Presidential assent was communicated to the Law Ministry on Friday, Prime Minister Manmohan Singh made a trip to the Rashtrapati Bhavan to satisfy the President on a number of "queries" Mr. Kalam had raised about the proposed amendment.

Mr. Kalam's doubts had the political and governmental leadership on tenterhooks, as the UPA dispensation wants to showcase the legislation as a major achievement of its secular agenda. This is especially so at the Congress Party's plenary session beginning on Sunday in Hyderabad.

Under Article 111 of the Constitution, the President can either give his assent or withhold it to any Bill passed by the two Houses of Parliament.

Under the Article, the President can at least once withhold his assent and can send a bill, if it is not a Money Bill, to the two Houses with "a message requesting that they will reconsider the Bill or any specified provisions thereof."

The President can suggest amendments, as well. However, should the two Houses choose to pass the Bill again, the President "shall not withhold assent therefrom."

Sending back a piece of legislation proposed by the Council of Ministers and passed by the two Houses has the potential of triggering a conflict between the Prime Minister and the President. The usual strategy preferred by the Rashtrapati Bhavan is to hold on to a bill endlessly, neither giving assent nor sending it back.

Different strategy

However, President Kalam reportedly devised a different strategy of raising certain "queries," without invoking the letter of Article 111. The Government, in turn, answered the "queries." By evening, the matter was amicably sorted out, much to the relief of the political leadership.