Opposition demand for re-negotiation of Indo-US nuclear deal and debate on it under a rule which entails voting was rejected in Lok Sabha by Speaker Somnath Chatterjee who made it clear that Parliament has "no competence" to decide on operationalisation of an agreement signed with a foreign country.
The speaker said the government had the "sovereign" power and "unrestricted" right to enter into any treaty or agreement like the civil nuclear deal with foreign countries and it is well-established that "there is no requirement to obtain ratification from Parliament."
"There has been no occasion where any treaty or agreement was ever discussed under Rule 184," he said while rejecting the notices of motion which seek the government "re-negotiate the 123 nuclear agreement."
The identical notices were moved by Leader of Opposition Lal Kishenchand Advani, Bharatiya Janata Party member Santosh Gangwar and Samajwadi Party member Ram Gopal Yadav.
By asking the government to re-negotiate the pact, the motion "in effect 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," the Speaker said.
He said "it will clearly amount to the House rejecting the agreement in its present form."
According to the Constitution, in the absence of appropriate laws made by Parliament, "the right of the Central government to enter into treaties and agreements with foreign countries is its sovereign power, is unrestricted and any such treaty or agreement becomes effective without any intervention by Parliament," Chatterjee said.
The House will discuss the nuclear deal on Monday, the speaker said, while noting that he had admitted motions for discussion under Rule 193, which does not entail voting, moved by Communist Party of India leader Gurudas Dasgupta, CPI member Rupchand Pal, Samajwadi Party's Ramjilal Suman and three other members.
This will be subject to availability of the prime minister, he said.
There are instances where such agreements were discussed by the Lok Sabha, Chatterjee pointed out, but added that "there has been no occasion where any treaty or agreement was ever discussed under Rule 184."
"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," the speaker said.
"Parliament can only discuss any treaty or agreement entered into by the government, without affecting its finality or enforceability," Chatterjee said.
He said allowing the motions would amount to disapproval of the agreement already entered into by the government, "which, in my opinion, is not within the competence of the House. What cannot be done directly, cannot be achieved indirectly."
The speaker noted that Prime Minister Manmohan Singh had made a statement in the House on August 13 on the nuclear agreement and "the House has no doubt the right to discuss the same."
