The Rajya Sabha on Friday passed the controversial Enemy Property (Amendment and Validation) Bill, 2016, after walk-outs by a few Opposition members who wanted the Bill taken up next week because of thin attendance on their benches on Friday afternoon.

The Deputy Chairman, PJ Kurien, allowed the Bill to be taken up as the private members’ business was disposed off by 4 pm, and the Bill was on the day’s agenda. 

The government turned down the Opposition request for postponement till next week saying the Opposition parties
should have taken care of their members’ presence in the House.

The Opposition view given by Jairam Ramesh (Congress) and Sukhendu Sekhar Roy (Trinamul Congress) who said the Bill, already passed by Lok Sabha, was controversial and was examined by a Rajya Sabha Select Committee. If the debate took place next week, many members would be able to speak on it, they said.

The Leader of the House and Finance Minister Arun Jaitley, intervened to say that the Bill was brought to replace an Ordinance whose life was expiring on 14 March. Therefore, it was necessary to pass the Bill as early as possible so as to prevent any uncertainty on the law.

The Opposition was caught unawares just as the private members’business, which could go up to its scheduled hour of 5 pm, concluded at 4 pm, with the completion of the debate on a private Bill on Declaration of Countries as Sponsor of Terrorism, and its withdrawal by its mover, Rajeev Chandrasekhar.

Most of the movers of other private Bills were absent. The Minister of State for Parliamentary
Affairs, Mukhtar Abbas Naqvi, therefore proposed that the Enemy Property Bill be taken up.

The Opposition benches were virtually empty. Sukhendu Roy said he could not oppose the Chair’s view but there was hardly any attendance in the House for a thorough discussion on the Bill. Ramesh said the Bill could not be passed with subterfuge. 

Just then, Jaitley came to the House, and explained why the Bill must be passed without any
delay. After hearing him, the Opposition knew it had lost its case.

Before the Bill was moved for consideration by the Minister of State for Home, Hansraj Ahir, the Congress member, Dr Subbarami Reddy, moved the statutory resolution against the Ordinance and wanted to know the extraordinary circumstances behind its promulgation.

Explaining the Bill’s rationale, Jaitley said a country which goes to war against India is an enemy country, and neither the enemy country nor any of its citizens could be allowed to hold property in
India. Such properties are acquired by the Government.

This practice was followed everywhere. Even the Defence of India Act said so.

The Amendment Bill was brought because an apex court ruling was altering the situation in one particular case, he added. 

Javed Ali Khan (Samajwadi Party) asked what the hurry was, saying the government could have brought another Ordinance. Sukhendu Roy said the Bill had contradictory provisions, and there was need for a
comprehensive Bill. 

Along with Punjab, even Bengal was partitioned in 1947, and migrants from east Bengal got just 25 per cent value of their properties left behind. He said he was walking-out as no detailed discussion was allowed.

After this TK Rangarajan (CPI-M), requesting the government to postpone the Bill, walked out. Rajeev Shukla announced the walk-out for the Congress Party saying the official Bill should not have been
taken up during the time allotted for private members’ business. 

A few members raised the issue of quorum but it was found okay. The Bill was passed after the Home Minister, Rajnath Singh, said Jaitley had already explained the reasons for the Bill.