Ignoring Opposition, Rajya Sabha debates CAPF Bill

Brushing aside the Opposition’s notices against the introduction of the Central Armed Police Forces (CAPF-General Administration) Bill, the Rajya Sabha on Wednesday started discussions on the legislation, moved by Union Minister of State for Home Nityanand Rai. Opposition members had moved six notices against its introduction.

The Bill aims to regulate recruitment, deputation, promotion, and other service conditions for the paramilitary officers.

Trinamool Congress MP Derek O’Brien termed the Bill anti-federal and alleged that States’ rights are being taken away. Congress MP Ajay Maken said the Bill is encroaching upon the rights of the judiciary. He said six Supreme Court judgments had stated there has been an injustice to paramilitary forces.

DMK MP Tiruchi Siva said the Bill seeks to nullify historical judgments of the Supreme Court that the deputation of IPS officers in CAPFs will be done away with. He said the Centre’s stand was rejected by the apex court, and Parliament is being used to override the Supreme Court’s powers.

CPI(M) MP John Brittas said the Bill suffers from a “fundamental infirmity” of legislative competence, arguing that Parliament cannot by bare declaration annul the operative judicial orders without addressing their legal basis. Congress MP and lawyer Vivek Tankha said the Supreme Court order protected the cadre of 30,000 police officers. “Parliament cannot take away a Constitutional right,” Mr. Tankha said.

Responding to charges, Mr. Rai said the Bill is under the ambit of the legislative competence and right of the Rajya Sabha. He said the concerns raised by the Opposition are baseless, and the Bill does not interfere with judicial rights, and it is a Bill on the service conditions of police officers in CAPFs.

Parliamentary Affairs Minister Kiran Rijiju said the judiciary has been mandated to interpret the laws, to arbitrate and to pass judgments. “This nation is run with the spirit of the Constitution and the laws passed by Parliament of India and Assemblies. How can the legislative competence of this House be taken away…,” he said and added that Opposition members are willingly giving up their responsibility. “We cannot run away from our responsibility,” he added.

Rejecting the notices, the Deputy Chairman put the introduction of the Bill to vote and invited Mr. Rai to introduce the Bill.

Later, initiating the debate, Mr. Maken said the paramilitary forces play an important role in protecting democracy. He said the CAPFs have played an important role in combating Naxals and made sacrifices. “Today, we are blocking their promotion,” he said and added that they deserve justice. “This is not an issue of 13,000 officers. It is an issue of one million cops in CAPFs,” he said and added that suicides and voluntary retirement are increasing among the officers as there is no motivation from the Government. “The Bill should have gone to a Parliamentary panel for further scrutiny,” he said.

According to the Bill, 50% of the posts at the rank of Inspector General and a minimum of 67% Additional Director General posts will be filled by IPS officers on deputation.