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 Sibal trouble : Edu Tribunals Bill put off in RS

From Our Correspondent
NEW DELHI :
An elated Kapil Sibal had to beat a hasty retreat in Rajya Sabha on August 31 when some Congress members joined a determined Opposition to forced him to defer the crucial Educational Tribunals Bill 2010 to the next session of Parliament.

The jolt was painful and pungent firstly because the same Opposition had supported the Bill in the Lok Sabha last week and secondly because Human Resource Development Minister Kapil Sibal hadn't expected the kind of reaction from Congress members.

The trouble for the government was initiated by Congress MP from Andhra, Mr K. Keshava Rao, who charged the HRD ministry with rushing through the Bill. With support from unexpected quarters, the Opposition went on the offensive and the Centre, unsure of its numbers in the House, played safe.

Rao objected to the rejection of the parliamentary standing committee report on the bill by the ministry. “It (committee) is a mini Parliament. If its report is rejected and the House is not even told, it is unacceptable,“ Rao said. “Let every minister sitting in the House first start respecting the standing committee.“

Rao was supported by BSP leader Satish Chandra Mishra, who said the committee report must be respected. “This bill would rather complicate the matter, bring endless litigation and it should not be passed in a hurried manner,“ Mishra said. BJP leaders Bal Apte and Rama Jois, who spoke on the Bill, opposed several provisions even after the party had agreed to support
the Bill with some changes sought by it.

Majority of the Opposition MPs, including those from the Left parties, Telugu Desam and Biju Janata Dal, wanted changes in the bill.

The government preferred not to press for division on the legislation in the Rajya Sabha as it does not have the required majority in the House.

Even as MPs from the Opposition raised a storm, Sibal was seen consulting Parliamentary Affairs Minister Pawan Kumar Bansal on what should be the government’s response to the demand.

Subsequently, the HRD Minister said in view of the sentiments expressed by the members, the government would bring forward the legislation for consideration in the next session of Parliament.

He, however, disagreed with the members’ apprehensions that the government would be undermining the rights of the states if the Bill were to be passed in its present shape.

The Education Tribunal Bill, 2010, which was passed in the Lok Sabha last week, was introduced in the Rajya Sabha Resource Development Minister Kapil Sibal.

“Considering the sentiments of the honourable members of this House, I request that the consideration of the bill be deferred to the next session,” Sibal said.

At the same time, the minister allayed the apprehensions expressed Opposition saying: “We are not in anyway infringing upon the rights of the states. It’s a significant piece of legislation. And if members want a larger debate, we have no problem.”

When the bill was introduced in the Lok Sabha during the previous session, it was referred to a Parliamentary Standing Committee for scrutiny. After incorporating some of the recommendations of the committee, it was reintroduced in the Lok Sabha last week.

The bill proposes to set up a two-tier structure of educational tribunals at the national and state levels to adjudicate disputes that arise in the higher education system.

The tribunals will act as fora for fast-track and speedy resolution of issues in institutions in order to build an effective system of checks and balances in higher education.

While state tribunals will deal with matters concerning teachers, employees and students of institutions in the respective states, the national tribunal will deal with matters concerning regulatory bodies in higher education.

According to Congress sources, those MPs who are opposing the Bill have interest in educational institutions. Mr Sibal, it was learnt, has also made it clear that he will not withdraw the Bill.

Lok Sabha passes Educational Tribunals Bill 2010

NEW DELHI : On August 26 late evening the Lok Sabha passed the Educational Tribunals Bill 2010 by voice vote following a lively debate, paving the way for a new regime in education litigation.

The Bill, 2010 aims at setting up dedicated tribunals to settle disputes in higher education, after the Opposition BJP initially raised concerns over the proposed legislation.

Winding up the debate Human Resource Development Minister Kapil Sibal explained that the bill seeks to create a mechanism to provide for speedy resolution of matters relating to disputes in institutions of higher education.

Earlier on August 23 the Bill was given the go-ahead at a Cabinet meeting chaired by Prime Minister Manmohan Singh.

It proposes to set up a two-tier structure of Educational Tribunals at the national and State level to adjudicate on the gamut of disputes that arise in the higher education system.

The tribunals will act as fora for fast-track and speedy resolution of issues in institutions in order to build an effective system of checks and balances in higher education.

The State tribunals will adjudicate on matters concerning teachers, employees and students of institutions in the respective States.

The national tribunal would deal with all matters concerning regulatory bodies in higher education and also matters involving institutes located in two or more States.

The Bill also provides for imprisonment up to three years or fine of Rs. 10 lakh or with both to those who fail to comply with the orders of the State or the National Educational Tribunals.

The Bill, introduced in the Lok Sabha earlier, was referred to the Parliamentary Standing Committee concerned for its scrutiny.

The Standing Committee had recommended several changes, apart from pointing out that the Bill was drafted in haste without proper consultation, particularly with the private sector.

However, the Ministry has not accepted any of the recommendations.

 

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