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Bills in states with BJP in power keep running up against Centre wall

More than 20 Bills have been kept hanging in states where the BJP is in power

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THE UPA may accuse the BJP of being an irresponsible opposition and obstructing important legislations in Parliament,but when it comes to lending support for passing of laws in BJP-ruled states,its track record does not seem any different.

More than 20 Bills have been kept hanging in states where the BJP is in power,some for more than two years now. These have been kept pending either by the governor,who actually cannot withhold consent,or by the President,whose approval is necessary for the Bill to become law.

The states include six where the BJP is ruling on its own and one where it is in alliance with the JD(U).

Some of the Bills appear to have been stalled for good: Like the GUJCOC (Gujarat Control of Organised Crime) in Gujarat and MPTDACOC (MP Terrorism and Disruptive Activities and Control of Organised Crimes) in Madhya Pradesh — both legislations aimed at fighting terrorism. Refusing to pass them,the Centre has contended that there is no need for a separate law to fight terror when the UAPA (Unlawful Activities Prevention Act) already exists. A few others,like the Bills relating to education in Bihar,are being blocked as these dilute the powers of the governor in his ex-officio position as chancellor.

In some cases,like the Madhya Pradesh Special Courts Bill,2011,that allows for confiscation of properties of the corrupt,presidential assent was given on February 7,after almost a year,when Chief Minister Shivraj Singh Chouhan loudly protested and threatened to hold a silent demonstration. Gujarat Chief Minister Narendra Modi has taken on Governor Kamla Beniwal,charging her publicly with holding up Bills.

Sushma Swaraj,Leader of the Opposition in the Lok Sabha,was forced to knock on the doors of the President in September last year seeking assent for seven Bills relating to Madhya Pradesh. She led a party delegation,pointing out that some of these Bills were similar to those which were already law in some other states,like the MP Vishesh Nyayalaya Vidheyak 2011 modelled on a Bihar law that had been approved by the President.

Addressing the annual general meeting of FICCI last month,Arun Jaitley,Leader of the Opposition in the Rajya Sabha,charged that non-Congress ruled states were always facing delays in getting legislations enacted. “When the NDA government was in power,we made sure that the Home Ministry consulted chief ministers before appointing governors,especially in Congress-ruled states. But today,every non-UPA state has half-a-dozen legislations pending with the governor,” he said.

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The only exception appears to be Chhattisgarh Chief Minister Raman Singh,who has not had any run-ins with either Governor Shekhar Dutt or the Central government. “There is never a delay at the state level. The governor almost immediately clears Bills. Those sent for presidential approval get delayed sometimes,” state Law Secretary A K Samant said. Two Bills are currently pending with the Centre,including the Cooperatives Societies Bill and another relating to religious conversions.

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