The Andhra Pradesh government issued an Ordinance on October 15, 2010, which stipulated conditions for the microfinance activities in the State. This Ordinance was ratified two months later on December 15, 2010 by the lower house of the Andhra Pradesh assembly. The key features of the Bill are: •All MFIs should be registered with the district authority. •No person should be a member of more than one SHG. •All MFIs shall make public the rate of interest charged by them on the loans extended. •There would be a penalty on the use of coercive action by the MFIs. •Any person who contravenes any provision of the Ordinance shall be punishable with imprisonment for a period of 6 months or a fine up to the amount of Rs 10,000, or both. The State assembly accepted most of the features from the earlier Ordinance in the Bill. However, the demand for a cap on the interest rates charged by the MFIs for the loans extended to the SHGs was rejected during the ratification.
In the last decade, some schemes have been recast as statutory entitlements – right to employment, right to education and right to food. Whereas schemes were dependent on annual budgetary allocations, there rights are now justiciable, and it would be obligatory for Parliament to allocate sufficient resources in the budget. Some of these rights also entail expenditure by state governments, with the implication that state legislatures will have to provide sufficient funds in their budgets. Importantly, the amounts required are a significant proportion of the total budget. There has been little debate on the core constitutional issue of whether any Parliament can pre-empt the role of resource allocation by future Parliaments. Whereas a future Parliament can address this issue by amending the Act, such power is not available to state legislatures. Through these Acts, Parliament is effectively constraining the spending preferences of states as expressed through their budgets passed by their respective legislative assemblies. I have discussed these issues in my column in Pragati published on August 16, 2013.
