Some of the latest Amendments passed by the Goa Legislative Assembly on Wednesday, which included:
The Goa Regularisation of Unauthorized Construction (Amendment) Bill, 2023: A Bill that sought to amend section 3 of the Goa Regularisation of Unauthorized Construction Act, 2016 (Goa Act 20 of 2016) so as to allow a period of ninety days for filing of applications seeking regularization of unauthorized constructions under the said Act to the persons who could not file their applications within the earlier specified time limit.
The Indian Stamp (Goa Amendment) Bill, 2023: This Bill sought to amend clause (a) of article 32 of Schedule I-A to the Indian Stamp Act, 1899 (2 of 1899), in the State of Goa, so as to give benefit of reduction in stamp duty, leviable on instrument of gift executed in favour of brother in law or sister in law, as well and to encourage registration of more such instruments.
The Goa Municipalities (Amendment) Bill, 2023: This Bill sought to insert a second proviso to sub- section (3) of section 52 of the Goa Municipalities Act, 1968 (Act 7 of 1969) so that the election of Chairperson or Vice- Chairperson is held by show of hands.
The Goa Town and Country Planning (Amendment) Bill, 2023: This Bill sought to amend section 17 of the Goa Town and Country Planning Act, 1974 (Act 21 of 1975) with the addition of a new sub-Section:
“ (2) Notwithstanding anything contained in sub-section (1), if the Government is of the opinion that alteration/modification is necessary to be carried out to the regional plan for the purpose of rectifying any inadvertent error that has occurred in the regional plan, and for correction of inconsistent/incoherent zoning proposals in the regional plan, it may direct the Chief Town Planner (Planning) to carry out such alteration/ modification to the regional plan and the Chief Town Planner (Planning) shall by notification in the Official Gazette carry out such alteration/modification to the regional plan in such manner and only to such extent as prescribed.”.
An insightful facet of the Rules of Procedure and Conduct of Business of the Goa Legislative Assembly, 1992 is that “Division” means the taking of votes by sending the members to lobbies or by adopting any other method under which preparation of lists of members voting on either side is provided or the number of such members is ascertained.
While it was interesting to witness the demands of the Opposition MLA Viresh Borkar that Votes on the Bills be tallied according to the system of ‘division’. Rule 288, provides for such a measure while pertaining to ‘Decision’, whereby votes could be taken by voices or by division and shall be taken by division, if any member so desired. And consequent to that, the result of a division should at once have to be announced by the Speaker and shall not be challenged.
Incidentally, while Rule 17 specifies the quorum to constitute a meeting of the Assembly shall be one fifth of the total number of members of the House, the Eighth Legislative Assembly 2022 saw the Bills getting passed by an inescapable majority of 27:7 majority vote on virtually every piece of legislation introduced.
In recollecting an excerpt from Obama’s Autobiography: “A Promised Land” relating to garnering the majority vote in the Illinois Senate, a likening could be attributed to the conduct of business in the State Legislative Assembly:
“More typical was the time, toward the end of the first session, when Obama rose from my seat to oppose a blatant tax giveaway to some favored industry when the State was cutting services for the poor.”
“I had lined up my facts and prepared with the thoroughness of a courtroom lawyer;”
“I pointed out why such unjustified tax breaks violated the conservative market principles Republicans claimed to believe in.”
“When I sat down, the senate president, Pate Philip”a beefy, white-haired ex-Marine notorious for insulting women and people of color with remarkably casual frequency”wandered up to my desk. “That was a hell of a speech,” he said, chewing on an unlit cigar. “Made some good points.” “Thanks.” “Might have even changed a lot of minds,” he said. “But you didn’t change any votes.”
With that, he signaled to the presiding officer and watched with satisfaction as the green lights signifying “aye” lit up the board.
That was politics in Springfield: a series of transactions mostly hidden from view, legislators weighing the competing pressures of various interests with the dispassion of bazaar merchants, all the while keeping a careful eye on the handful of ideological hot buttons...that might generate heat from their base.”
While the respective Bills were tabled in the Well of the Assembly, the discussion lasted for only a miniscule duration before being put to vote.
The probable reasons for the Speaker of the House in choosing not to afford sufficient time for comprehensive discussion remains within the realm of secrecy. Especially, when the Bills of Amendment were introduced on the 17th of January and were put to vote on the 18th of January in what appeared to be a rapid fire round.
Relatedly, rule 164 provides for allotment of time for discussion of amendment. It provides:
“The Speaker shall, in consultation with the Leader of the House, fix a day or days or part of a day as he may think fit for the consideration and passing of an amendment to such regulation, rule, sub-rule, bye-law, etc. of which notice may be given by a member.”
