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This is an archive article published on June 11, 2010

‘Prerogative of presiding officers to refer Bill to panel’

Sir,This is with reference to a news article in your newspaper on May 14,2010 regarding reference to the Civil Liability for Nuclear Damage Bill,2010...

Letter from Rajya Sabha Secretary General:

Sir,This is with reference to a news article in your newspaper on May 14,2010 regarding reference to the Civil Liability for Nuclear Damage Bill,2010,to the Committee on Science and Technology,Environment and Forests. The news has disseminated misleading information to the public that the government has deliberately chosen to refer the Bill to a Congress-led Committee,instead of referring the same to the Committee on Energy.

The factual position though is that it is the sole prerogative of the presiding officers of the Houses to refer a Bill to a Committee which deals with the subject matter of the Bill. As per the procedure and the practice being followed for referring a Bill introduced in either House of Parliament,a Bill after its introduction is referred to a Committee which deals with the Ministry or the Department under the charge of the Minister who pilots the Bill. As the said Bill was brought by the Minister of Science and Technology and Earth Sciences,who is in charge of the Department of Atomic Energy too,it was rightly and appropriately referred to the Committee on Science and Technology,Environment and Forests by the Chairman,Rajya Sabha in consultation with the Speaker,Lok Sabha. The Rules of Procedure and Conduct of the Council of States allocates the matters relating to Atomic Energy to the Committee on Science and Technology,Environment and Forests,whereas the Committee on Energy deals with Non-Conventional Energy Sources and Power.

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The news article has disseminated malicious information which amounts to attributing motives to the Hon’ble Speaker and the Hon’ble Chairman and,therefore,prime facie constitutes contempt of the Houses. You are requested to publish this rejoinder,rectifying the factual inaccuracy prominently.

Our correspondent replies:

The report was written in the backdrop of the controversy which preceded and followed the introduction of the Bill. It essentially dealt with the politics which surrounded the issue. It was in no way intended to either question any prerogative of the Chairman of the Rajya Sabha and the Speaker of the Lok Sabha or attribute motives to them or undermine the dignity of the two Houses of Parliament.

There were clear indications to the media from people occupying responsible positions in the government after the introduction of the Bill that it would be referred to the Committee on Energy. There was no denial after Samajwadi Party general secretary and Rajya Sabha member Ram Gopal Yadav publicly claimed that the reference to the said committee amounted to a “betrayal” by the government (The Indian Express,May 15). He claimed that Prime Minister Manmohan Singh and Minister of State in the PMO Prithviraj Chavan had “personally assured me” that the Bill would be referred to the Committee on Energy,headed by Mulayam Singh Yadav.

It is not correct to say that Prithviraj Chavan is in charge of Department of Atomic Energy too. The fact is that the Prime Minister is in charge of the Department of Atomic Energy. According to the PIB website,“Parliament questions relating to ministries and departments of which PM is in charge are answered by a MoS nominated for the purpose by PM himself.” The website further states that Chavan is mandated to handle “Parliament questions pertaining to Department of Atomic Energy,Department of Space and Cabinet Secretariat.” Chavan is understood to have piloted the Bill in this capacity and not as minister in-charge. The Rajya Sabha website link “introduction” listed Atomic Energy under the Committee on Energy.

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