Editorial 1 : How and when can a bill be defined as a money Bill?
Context
The Chief Justice of India (CJI) has agreed to list before Constitution Benches, the petitions challenging the money Bill route taken by the Centre to pass contentious laws/amendments.
What are money and financial Bills?
- The Constitution defines certain categories of bills that deal with financial matters as money Bills and financial Bills.
- Article 110(1)(a) to (f) defines a money Bill as a bill that contains ‘only’ provisions dealing with one or more of six specific matters.
- They relate to taxation; borrowing by government; custody of consolidated fund or contingency fund and payment/withdrawal of money from such fund; appropriation out of consolidated fund; expenditure charged on consolidated fund; receipt on account of consolidated fund or public account or the audit of accounts of Union or States.
- Clause (g) of Article 110 (1) provides that any matter incidental to these six matters can also be classified as a money Bill.
- Classic examples of money Bills include the Finance Act and the Appropriation Act that deal primarily ‘only’ with taxation and spending out of the consolidated fund respectively.
- Article 117 provides for two different categories of financial Bills. Category I contains any of the six matters mentioned in Article 110(1)(a) to (f) along with any other matter.
- Category II Bills do not contain any of those six matters but would involve expenditures from the consolidated fund.
What is procedure for a money Bill?
- As per Article 109, a money Bill shall be introduced only in the Lok Sabha.
- After it is passed in the Lok Sabha, the Rajya Sabha has only 14 days to provide its recommendations on such a Bill which may or may not be accepted by the Lok Sabha.
- Money Bills deal ‘only’ with financial matters that are crucial for the administration of the country.
- Hence, the Constitution provides for this special procedure that effectively requires only the approval of Lok Sabha where the ruling government enjoys a majority.
- It has its origin in the U.K., where in 1911 the powers of the unelected House of Lords over the Budget were curtailed.
- The Budget was required to be passed only by the House of Commons that reflected the will of the people.
- However, it must be noted that the operative word of the definition of a money Bill is the word ‘only.’ It is the Speaker of Lok Sabha who certifies a Bill to be a money Bill.
- Financial Bills of Category I and II do not enjoy this special procedure.
What are the issues?
- Certification of a Bill as a ‘money Bill’ by the Speaker came under judicial review during the scrutiny of the Aadhaar Act passed in 2016.
- This law contains provisions with respect to process for enrolment and authentication, establishment of authority for Aadhaar, mechanism for safeguards, and penalties for offences under the Act. Section 7 of the Act provides that the Central or State government may require
- Aadhaar authentication of an individual as a condition for providing subsidy, benefit or service, for which expenditure is incurred from the consolidated fund.
- Stating the withdrawal of funds from the consolidated fund as the primary purpose of the Act, with all other provisions being incidental to it, this law was passed as a ‘money Bill’.
- While this was a debatable classification, the Supreme Court upheld this with a majority of 4:1. The current CJI was the lone dissenting judge who held that the Aadhaar Act did not fulfil the definition of a ‘money Bill’.
- The Finance Act, 2017 was even more controversial, in passing amendments to various Acts for reorganisation of tribunals such as the National Green Tribunal, as a money Bill.
Conclusion
The Speakers should also uphold the spirit of the definition while certifying a ‘money Bill.’
Editorial 2 : Heat stress is more than a degree of concern
Introduction
In recent periods, climate change and environmental degradation have significantly affected the safety and the health of workers worldwide. Heat stress is anticipated to affect labour efficiency and productivity, in turn reducing work hours and hindering the International Labour Organization’s (ILO) objective of promoting fair and decent employment.
The Effects
- The main health effects of heat stress on workers include heat stroke, heat cramps, cardiovascular disease, acute kidney injury, and physical injury.
- The Intergovernmental Panel on Climate Change (IPCC) states that to retain normal physiological activities, it is necessary to maintain a core body temperature of roughly 37°C.
- Temperature elevations over 38°C have a deleterious effect on one’s cognitive and physical capabilities.
- During various life stages, women who are employed in heat-exposed sectors, such as subsistence agriculture, may be at risk for pregnancy-related complications, including hypertension, miscarriages, and premature births.
- An increase in temperature can diminish work productivity due to excessive heat that makes it difficult to work. Or, there is a need for personnel to operate at a slower pace.
ILO study findings
- The ILO study (2019) estimated that Heat stress is projected to reduce total working hours worldwide by 2.2 percent and global GDP by US$2,400 billion in 2030.
- Agricultural and construction workers are expected to be the worst affected, accounting for 60 percent and 19 percent, respectively of working hours lost to heat stress in 2030.
- Agricultural workers face a significantly higher risk from heat than workers in other occupations, with farmworkers being 35 times more susceptible to heat-related fatalities.
- The Asia and the Pacific regions experience the highest Gross Domestic Product (GDP) losses due to heat stress affecting labour productivity.
- In 1995, the region’s GDP was estimated to have decreased by 1.4%, which is forecast to decrease by 2.3% in 2030 due to climate change.
- Projections indicate that Thailand, Cambodia, and India will experience significant declines in their national GDP in 2030, with a decrease of over 5%.
- Asia and the Pacific exhibit exceptional diversity in terms of climate and the varying levels of economic development among various countries.
- The geographical distribution of heat stress impact is not uniform.
- The decline in available working hours and output among small-scale and subsistence farmers is expected to affect household food security.
- Heat stress poses concerns that have the potential to exacerbate gender disparities in the workforce, particularly by deteriorating working conditions for the numerous women engaged in subsistence agriculture.
- Excessive heat stress is expected to impact the achievement of various Sustainable Development Goals (SDGs).
Impact in India
- India is undergoing a consistent increase in temperatures annually. By 2030, an estimated 160 million-200 million individuals around the nation may face the risk of experiencing deadly heat waves every year.
- A study in West Bengal shows that as the temperature increases by 1°C, there is a corresponding decrease of approximately 2% in the productivity of female brickmaking workers.
- In addition, India is expected to experience a significant decline in full-time employment by 2030 as a result of heat stress, which can be attributed to its large population.
- Informal workers may continue working despite the risk to their health from extreme climate events due to financial constraints.
- Thus, there is a need to strengthen adaptation and mitigation measures at the global, national, and workplace levels to reduce the detrimental impact of heat stress on workers.
Government initiatives
- There are national guidelines under the title, ‘Preparation of Action Plan – Prevention and Management of Heat Wave’, by the National Disaster Management Authority in collaboration with the Ministry of Home Affairs.
- These guidelines are designed to protect the Indian workforce from the negative impacts of extreme heat.
- They are designed to help public officials create heatwave action plans for both urban and rural areas, with a focus on the general population.
- The importance of the following factors is highlighted: providing education to workers; ensuring proper hydration; managing work schedules, and offering necessary medical facilities.
- It is crucial for all stakeholders, including governments, employers, and workers, to collaborate in implementing measures that prioritise the protection of the most vulnerable individuals.
- Additionally, there should be a focus on improving the implementation of international labour standards that are related to occupational safety and health.
- Further, effective communication between workers and employers is essential to facilitate the adjustment of working hours, guarantee adequate rest breaks, provide access to drinking water, and offer training on the identification and management of heat stress.
- Additionally, infrastructure-related measures, such as implementing construction standards, should safeguard indoor workers.
Way forward
- Considering the current climate change scenario, decent and green employment emerges as a promising solution for the future of work.
- Green jobs are employment opportunities that help protect or restore the environment while also supporting economic and social well-being.
