RS Chairman rejects Kharge's point of order against Goyal, Coastal Aquaculture Authority Amendment Bill introduced in LS

New Delhi [India], April 6 : Parliament continued to witness disruptions over the opposition's demand for a joint parliamentary committee (JPC) probe into the Adani issue with Coastal Aquaculture Authority (Amendment) Bill 2023 introduced in the Lok Sabha amid the din.
In the Rajya Sabha, Chairman Jagdeep Dhankar rejected 'point of order' raised by Leader of Opposition Mallikarjun Kharge on Union Minister Piyush Goyal's demand of an apology from Congress leader Rahul Gandhi over his remarks in the United Kingdom. Goyal had not named Rahul Gandhi.
The Chairman also established a new a new tradition by going completely paperless. He went digital to conduct the business of the House today, marking the beginning of a paperless tradition by the chair of the House.
BJD MP Sasmit Patra later lauded the initiative and called it a historic day.
The two Houses were first adjourned till 2 pm and then for the day.
The Coastal Aquaculture Authority (Amendment) Bill 2023 was introduced in the Lok Sabha by Fisheries, Animal Husbandry and Dairying Minister Parshotaam Rupala amid opposition protests.
It seeks to amend the Coastal Aquaculture Authority Act 2005 and to fine-tune the operational procedures of the Coastal Aquaculture Authority.
It also aims at promoting newer forms of environment-friendly coastal aquaculture and seeks to decriminalise some offences under the Act in order to promote ease of doing business.
Dhankar conveyed his decision on the point of order in the post-lunch session in Rajya Sabha.
He said that on March 13, Kharge, while responding to the assertions of Leader of the House Piyush Goyal, raised a point of order that there could be no discussion in the Rajya Sabha on or about a Member of the Lok Sabha or anyone who is not a Member of the Rajya Sabha.
Referring to Rahul Gandhi, Goyal had demanded an apology for "the shameless way by which a senior leader of the opposition in a foreign country has attacked the democracy of India".
Dhankar said Goyal did not name anyone and severely impeached "what he termed the overseas disparaging remarks by a senior leader of the opposition, tainting and tarnishing our Parliament".
"The point of order concerning debate/discussion competence of Rajya Sabha, albeit Parliament, the most authentic representative and sanctified platform in our democratic polity, couldn't be more important. In considering this, I am cognizant that we are the largest and mother of all democracies and home to nearly one-sixth of humanity," the Chairman said.
Citing various provisions, the Chairman said the constitutional mechanism stipulates no fetters or restrictions upon the freedom of expression privilege of Members of Parliament in the Parliament.
"As a matter of fact, this is fortified and enhanced on account of there being immunity from civil or criminal action... Rules 238 and 238A, framed for 'regulating the Procedure and Conduct of the Business' in terms of Article 118(1) of the Constitution, bear contextual relevance....the constitutional 'privilege' of 'freedom of expression' and 'immunity' from any civil or criminal action to Members of Parliament, calls for high degree of care, caution and accountability. This unique freedom privilege comes with heavy obligations," he said.
"Breach of this privilege by engaging in reckless trading of allegations or free fall of information, invectives and innuendos or setting afoot pernicious narratives entail serious consequences. The sanctity of the temple of democracy cannot be permitted to be outraged as privilege does not extend to engaging in demeaning Parliament, making disparaging observations tarnishing constitutional institutions or set afloat narratives premised on reckless allegations of untenable fact premise," he said.
The Chairman said Piyush Goyal has authenticated the assertions made by him in the Rajya Sabha on March 13 that led to raising of point of order by Kharge.
"...Any curtailment or qualification of the constitutional privilege of freedom of expression of a Member of Parliament in the Rajya Sabha will seriously compromise and impede blossoming of democratic values. The democratic ethos, well-cherished and nurtured Parliamentary values persuade me to tilt in favour of sustaining this constitutional right of 'freedom of expression' of a Member of Parliament that cannot suffer any constraint and is subject only on the wisdom of the House and the Chairman," he said.
The Chairman also cited B R Ambedkar and said after bestowing earnest consideration he is of the view that there can be no issue or individual beyond the purview of discussion in the Rajya Sabha and "the same is exclusively subject to regulation by the House and the Chairman".
"The two precedents relied upon by the Leader of the Opposition have no bearing on the issue being determined herein. Further, the authenticated record made available by the Leader of the House Piyush Goyal, bears out that his demand of apology on the overseas statements made by a senior leader of the opposition is factually premised and does not graduate to making 'allegation of a defamatory or incriminatory nature,'" the Chairman said.
"In view of categorical and firm constitutional prescriptions, I cannot persuade myself to sustain the point of order raised by the Leader of the Opposition Mallikarjun Kharge and the same is hereby declined. I would urge the Members to carefully go through my order and if there is anything, you can meet me in my Chamber either today or tomorrow," he added.
Members of the opposition kept up their protest over their demands during the Chairman's remarks.
"The House has to be in order. If the House cannot be in order even when the Chairman is deciding a point of order, how can things go on?" the Chairman asked before adjourning the House for the day.
The second half of budget session has witnessed continuous disruptions over the opposition's demand for a JPC probe into the Adani-Hindenburg row.