Consider these alarmist headlines in response to the recently-passed Finance Bill 2017:

‘You’ve Just Been Punked’

‘It's a tragedy the media failed to see how Finance Bill endangers idea of India’

‘Narendra Modi’s alarming power grab in unleashing ‘tax terror’’

‘Recipe for unfettered raid raj’

‘How To Make Dubiously-Seized Cash Legal’

From the tone of these headlines, as well as the articles, there seems to be no love lost between the Narendra Modi regime and the authors of these pieces. Be that as it may, the writers need to be commended for raising their voice on issues of immense importance, especially when the mainstream media was found wanting in its journalism – and not for the first time.

Stories about a Shiv Sena member of Parliament (MP) hitting an Air India employee and paranoia over the shutting down of Lucknow’s Tunday Kababi (fake story) overshadowed the all-important changes that the government rammed through in this year’s Finance Bill. We will discuss dereliction of duty on the part of the fourth estate later. First up is criticism surrounding the bill that has picked up traction of late in the social media.

The critical pieces cited earlier in the article are written by Meghnad S, Angshukanta Chakraborty, Saumitra Dasgupta and Mihir Sharma. They have taken the finance minister to task for:

1) Giving unprecedented powers (with retrospective effect) to Income Tax officials, which will inevitably lead to ‘tax terrorism’.

2) Making political funding more opaque and removing monetary limitations on donating big bucks to the political party of choice.

3) Making the Aadhaar card mandatory for filing tax returns.

4) Merging as many as eight different tribunals into some existing ones.

Before taking up each of these issues individually, let’s note some meta-criticisms levelled against the government for passing this supposedly draconian bill.

First, questions are being raised over the manner in which the government has time and again taken the ‘Money Bill’ route to pass important legislation so that it can bypass the upper house – where it doesn’t have a majority. Last year, the Aadhaar bill was passed in this way, for instance. Some important amendments related to the contentious privacy clauses moved by Rajya Sabha were later rejected by Lok Sabha. One is not sure if even the milder security- and privacy-related rules are being fully adhered to and this remains a big lacuna. This also proves the ill effects of passing bills without much debate, discussion or regard for the wisdom of the opposition.

But we all know why the Bharatiya Janata Party (BJP) has resorted to this strategy. Remember, for the first couple of years, that’s not how the party operated. It was the opposition that didn’t allow the upper house even to function, let alone allow debate bills. As a result, the upper house was paralysed. The Constitution of India – for the lawyers, of the lawyers, by the lawyers – is loophole personified. And the BJP, with no dearth of lawyerly abilities at its disposal, found a loophole in the legislative process to pass the bills. The opposition has itself to blame. And the BJP will also have itself to blame when it sits in opposition, though at present it may seem that day will never come, given the tide of victories it is riding. But it shouldn’t forget how in 2010 it was the party in shambles and the Congress, after securing a second term, looked invincible.

Second, most of the changes that the government smuggled into the Finance Bill were done at the last minute, taking the members by surprise. The MPs debated on certain amendments, but after the major leaders of opposition had exhausted their quota of speaking time, more amendments were introduced, with no scope for proper discussion or debate. This was done in such haste, as Mr. Meghnad tells us, that “the final amendment papers were never actually circulated!”

If true, this is certainly troubling – no two ways about it.

Third, Meghnad S. in his Newslaundry article has pointed out how the government suspended Rule 80 (1) of the Lok Sabha which says that any amendment shall be within the scope of the Bill and relevant to the subject matter of the clause to which it relates.) He alleges “this particular government seems to have made a habit of not abiding by this very basic rule. They brought in a super-weapon called Rule 388 which says: Any member may, with the consent of the Speaker, move that any rule may be suspended in its application to a particular motion before the House and if the motion is carried the rule in question shall be suspended for the time being.”

The charge that this government brought in this super-weapon rule is simply wrong.

Perhaps, Mr Meghnad is following the Lok Sabha proceedings for the first time because invoking Rule 388 to suspend Rule 80 (1) is a fairly common practice. In 2011, controversial lawyer Prashant Bhushan wanted the Parliament to invoke this rule so that the house could discuss Lokpal Bill. Suresh Prabhu and Yashwant Sinha used this rule in 2001, Pranab Mukherjee used it in 2011, Sharad Pawar in 2011, P. Chidambaram in 2012, 2013 and Arun Jatiely in 2014.

When members raised objection over this rule in 2012, the Chair said it’s the ‘practice’.