Date:13/08/2007 URL: http://www.thehindu.com/2007/08/13/stories/2007081353830100.htm

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Discussion unlikely under voting rule

Neena Vyas

Problem only with Hyde Act: Advani

NEW DELHI: A discussion in the Lok Sabha on the nuclear deal with the United States is unlikely to take place under Rule 184, which entails voting, despite a notice given by the Bharatiya Janata Party. The Left parties, it appears, want a discussion under Rule 193, under which there would be no voting.

It seems the words in the BJP’s notice are such that it is most likely to be rejected by the Speaker.

The party also seems to be aware of this. Its opposition is not to the 123 agreement as such. Its apprehensions arise out of the provisions in the Hyde Act.

Two days ago, U.S. Senator Joe Lieberman met Prime Minister Manmohan Singh and Leader of the Opposition in the Lok Sabha L.K. Advani.

Mr. Advani told The Hindu what he told the Senator: “The BJP’s problem was not with the 123 agreement itself, but with the provisions of the Hyde Act. How would you combat those provisions?”

He said he also made the point that “in the case of China, local [U.S.] laws did not apply.”

At a dinner meeting hosted by Speaker Somnath Chatterjee for BJP leaders on Friday, the subject of the party’s notice came up. Its Deputy Leader in the Lok Sabha, V.K. Malhotra, told The Hindu that the Speaker said he would ha ve to examine the legality of the notice. Mr. Malhotra was himself aware that the words in the notice — to the effect that the House should direct the Government to seek its opinion on the nuclear deal — may not be found to be within the permissible rules.

The BJP will fine-tune its stand and what it should do about the Prime Minister’s expected statement on Monday afternoon at a meeting of the National Democratic Alliance leaders in the morning. In any case, a number of new notices for a discussion on the subject are expected to be given immediately after Dr. Singh’s statement. A view would be taken after considering all the notices.

The reason given by some experts for a possible rejection of the BJP’s notice is that the Constitution gives full power to the Cabinet to approve or reject any international agreement.

The Cabinet has already approved the nuclear deal. Such agreements do not need the approval of the House through a vote, although the Cabinet is accountable to Parliament.

BJP sources said the notice seeks to direct the Government to seek parliamentary approval for the deal; and is, therefore, seen as unconstitutional as there is no provision in the Constitution for Parliament to ratify international treaties or agreements.