If the hurriedly passed amendments to the Goa Legislative Diploma No 2070 dated 15-4-1961 (Amendment) Bill, 2023 created a flutter, it was the amendment to the amended bill tabled by Sanvordem MLA Ganesh Gaonkar that made its way through without any attention or discussion, that has once again established suspicion and left legislators and members of the Comunidade baffled and confused.
When reality dawned days after the session concluded, senior functionaries and those within the Comunidade slammed this amendment as arbitrary, unethical and once again aimed at seizing more control of the age-old bodies. Tweaking laws, especially tinkering with the Comunidade code, has become an easy task for the government because of the brute majority it enjoys. Last Friday was a testimony to this.
Despite a paltry but fiery opposition to the amendments, there was no stopping for the government as it steamrolled with a thumping 28-7 vote. Unfortunately, the intent mainly went unnoticed, and the rest of it became a formality after Aldona MLA Carlos Alvares Ferreira, a legislator with legal insight, signalled "all clear" (barring two minor draft changes) on the floor of the House.
While standing up to the Opposition's resistance to the first batch of amendments, the government argued that it was a move to streamline the functioning of Comunidades and weeding out anomalies. However, it remained far from convincing why the changes are being effected without a consultative process and bypassing the Comunidade convention.
The clauses inserted and those amended have severe implications and certainly needed a thorough debate within the Comunidades. The amendment moved by Gaonkar is draconian because it now qualifies the landless children of shareholders for land holding without going through the auction process. There is another amendment to Clause 7 where "any government project" and "government institution" words are inserted. The amendments could have significant consequences, and parcels of land could be transferred at the whims and fancies of shareholders, even to 'outsiders' without following the due process of auction.
The government has become a self-appointed referee adjudicating on the Comunidades without making a case for changes or placing fair reasoning on the points of contention on the table. It is only unfair that amendments to the governing code of the Comunidades are brought about in such high-handed ways.
From here, it remains to be seen what course of action Comunidades undertake and whether there will be a representation to the Governor pleading not to grant his assent to the bill. Also, while a section of the Opposition has been vehemently raising a hue and cry, the main opposition party in the House, Congress, appears to have conceded to the government's will.
The government may be in no mood for negotiations at this stage, but at least it needs to clear the air and explain its action so that better sense prevails. There has to be some level of transparency. Because the government enjoys administrative tutelage, it should not ride roughshod over these bodies.
