Executive order: Congress says it’s aimed at Bihar polls

“This has been done only with a view to blunt the opposition campaign in Bihar polls against the BJP that it was anti-farmer,” he said. Ramesh alleged that the move was an “insult to Parliament” as it was an attempt to bypass it by a government, which “slept for seven long months” after coming to power and failed to bring amendments to relevant Acts before the 2014-end deadline.

In its opinion, the Law Ministry notes that as per Section 105 (3) of 2013 Act, the Centre “may by notification within one year from the date of commencement of the Act extend the benefits of the first and second schedule of the Act to the acquisitions made under the 13 enactments mentioned in the fourth schedule”.

However, the notification was not issued and two ordinances were promulgated, suggesting amendment in Section 105 of the Act. The second ordinance lapses of August 31.

“In the event of the lapse of the ordinance, the amended Section 105 of the Act will also cease to have effect… Since the desired notification under Section 2015 of the Act has not been issued and the one year period has already been lapsed doing so at this belated stage may not be legally tenable,” the Law Ministry opinion said.

Ramesh said the government should have approached Parliament or enacted an ordinance. “Congress party welcomes the substance of the notification, which is as per Sec 105 of 2013 Act but opposes the manner in which it has been done. All the political parties are unanimous in the view that Sec 105 should have been implemented but the government failed in its duty that it didn’t act on it for seven months and now the present notification is not legally tenable as per the advice of the Law Ministry. This makes a mockery of parliamentary institutions,” he said.