The Hindu : Front Page : Parliament cannot decide on treaty or international agreement: Somnath

Online edition of India's National Newspaper
Saturday, Aug 18, 2007
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Parliament cannot decide on treaty or international agreement: Somnath

Special Correspondent

Discussion on nuclear deal will be held under Rule 193 that has no provision for voting

No precedence of House having discussed any treaty under Rule 184
Right of Centre to enter into agreements with countries is unrestricted

NEW DELHI: The Lok Sabha Speaker Somnath Chatterjee on Friday rejected the Opposition’s demand for re-negotiating the Indo-U.S. civil nuclear deal after debating it under Rule 184 that provides for voting in the House saying that Parliament had “no competence” to decide on operationalisation of any international agreement or treaty.

Giving his ruling on the notices received under Rules 184 and 193 seeking a discussion on the Prime Minister’s statement of August 13 regarding the Indo-U.S. civil nuclear deal, Mr. Chatterjee quoted the Constitution and said that in the absence of appropriate laws made by Parliament, the right of the Central Government to enter into treaties and agreements with foreign countries in its sovereign power, is unrestricted and becomes effective without any intervention by Parliament.

“It is also well-established that there is no requirement to obtain ratification from Parliament of any treaty or agreement for its operation or enforcement. Thus, Parliament can only discuss any treaty or agreement entered into by the Government, without affecting its finality or enforceability.”

The discussion will now be held under Rule 193 that has no provision for voting.

Pointing out that there was no precedence of the House having discussed any international treaty or agreement under Rule 184, the Speaker said the motion, as tabled by the Leader of the Opposition L.K. Advani (BJP), Santosh Gangwar (BJP) and Ram Gopal Yadav (SP), require the Government to re-negotiate the deal and by asking the Government to do so, “it seeks to disapprove the Agreement entered into and to require the Government not to give effect to the Agreement in its present form and contents, which the House has no competence to do and it will clearly amount to the House rejecting the Agreement in its present form. What cannot be done directly cannot be achieved indirectly.”

The notices under Rule 193 have been tabled by Gurudas Dasgupta (CPI), Rupchand Pal (CPM), Ramjilal Suman (SP), and three other members.

Right to discuss

In his observation, the Speaker said the Prime Minister had made a statement on the deal on August 13 but the House had a right to discuss it.

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