A Committee has been set up to examine appropriateness of procedures followed by the Department of Telecommunications in issuance of licences and allocation of spectrum during the period 2001-2009. The Committee will be chaired by retired Judge of the Supreme Court, Justice (Retd.) Shri Shivraj V. Patil. According to news reports the Committee is scheduled to submit its report by the first week of January 2011. The Terms of Reference (TOR) of the Committee have been listed as: 1. To study the circumstances and developments in the Telecom sector that led to the formulation of the New Telecom Policy 1999 and subsequently, introduction of 4th Cellular Telecom Mobile Service (CMTS) licence in 2001. 2. To examine the internal (intra-departmental) procedures adopted by DoT during the period 2001-2009 for: a. Issue of telecom access service licences, and b. Allocation of spectrum to all telecom access services licencees during the above period. 3. To examine whether these procedures were in accordance with existing policies and directions of DoT/Government. 4. To examine whether these procedures were followed consistently and if not, identify specific instances of: a. Deviation from laid down procedures; b. Inappropriate application of laid down procedures; c. Violation of underlying principles of laid down procedures. 5. To examine whether the procedures adopted were fair and transparent and were in keeping with the principles of natural justice and if not, identify the specific instances of lack of fairness and transparency. 6. To identify the deficiencies, if any, in the procedures as formulated and identify the public officials responsible for such deficiencies. 7. To identify the shortcomings and lapses, if any, in the implementation of the laid down procedures and identify the public officials responsible for such lapses. 8. To suggest remedial measures to avoid in future: a. Deficiencies in formulation of procedures; and b. Lapses in implementation of laid-down procedures.
The Insolvency and Bankruptcy Code, 2015 was introduced in Lok Sabha yesterday, as a Money
Bill [Clarification: This is as per news reports.* The text of the Bill does not indicate that it is a Money Bill]. In this context, we briefly outline the various types of Bills in Parliament, and highlight the key differences between Money Bills and Financial Bills. What are the different types of Bills? There are four types of Bills, namely (i) Constitution Amendment Bills; (ii) Money Bills; (iii) Financial Bills; and (iv) Ordinary Bills. What are the features of each of these Bills?
of India. Bills that only contain provisions that are incidental to these matters would also be regarded as Money Bills.[iii]How are these bills passed?
How is a Money Bill different from a financial bill? While all Money Bills are Financial Bills, all Financial Bills are not Money Bills. For example, the Finance Bill which only contains provisions related to tax proposals would be a Money Bill. However, a Bill that contains some provisions related to taxation or expenditure, but also covers other matters would be considered as a Financial Bill. The Compensatory Afforestation Fund Bill, 2015, which establishes funds under the Public Account of India and states, was introduced as a Financial Bill.[vii] Secondly, as highlighted above, the procedure for the passage of the two bills varies significantly. The Rajya Sabha has no power to reject or amend a Money Bill. However, a Financial Bill must be passed by both Houses of Parliament. Who decides if a Bill is a Money Bill? The Speaker certifies a Bill as a Money Bill, and the Speaker’s decision is final.[viii] Also, the Constitution states that parliamentary proceedings as well as officers responsible for the conduct of business (such as the Speaker) may not be questioned by any Court.[ix]
[i]. Article 368, Constitution of India. [ii]. Article 110, Constitution of India. [iii]. Article 110 (1), Constitution of India. [iv]. Article 117, Constitution of India. [v]. Article 107, Constitution of India. [vi]. Article 109, Constitution of India. [vii]. The Compensatory Afforestation Fund Bill, 2015, introduced in Lok Sabha on May 8, 2015, http://www.prsindia.org/billtrack/the-compensatory-afforestations-fund-bill-2015-3782/. [viii]. Article 110 (3), Constitution of India. [ix]. Article 122, Constitution of India. [*Note: See Economic Times, Financial Express, The Hindu Business Line, NDTV ,etc.]
