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.