Parl's right to amend laws supreme: FM on Vodafone case

Justifies decision to amend the Income Tax Act

PTI | May 17, 2012



Government on Wednesday justified its decision to neutralise the impact of supreme court decision in the Vodafone case by amending the Income Tax Act with retrospective effect suggesting it was to prevent outflow of Rs 40,000-Rs 50,000 crore from the exchequer.

Winding up a debate on Finance Bill in the rajya sabha, finance minister Pranab Mukherjee said parliament is omnipotent and has right to change any provision of the Constitution.

He said the government had to amend the Income Tax Act following the supreme court judgement to prevent outflow of Rs 40,000-Rs 50,000 crore from the exchequer.

With the passage of the Finance Bill, 2012 by parliament, the British telecom giant Vodafone might have to pay Rs 20,300 crore as tax, interest and penalty on its acquisition of Hutchison stake in Hutchison Essar in 2007. The deal was signed in Cayman Islands.

"Indian parliament is omnipotent...It has the power to amend any Article of the Constitution," Mukherjee said, adding the government's decision should not be seen as disrespect to supreme court.

"It is not to ignore the constitutionally assigned responsibility of the supreme court...As judiciary has the right to interpret law, legislature has the right to enact law. In the process, if there are divergences of opinion it should be treated as confrontation, it is the honest difference of opinion. If we make an attempt of reconciling that honest difference of opinion, it is not wrong," he said.

Mukherjee said he had told UK Chancellor of Exchequer George Osborne "(what) you have done in your country and I have exactly done it". Government today justified its decision to neutralise the impact of supreme court decision in the Vodafone case by amending the Income Tax Act with retrospective effect suggesting it was to prevent outflow of Rs 40,000-Rs 50,000 crore from the exchequer.

Winding up a debate on Finance Bill in the rajya sabha, finance minister Pranab Mukherjee said parliament is omnipotent and has right to change any provision of the Constitution.

He said the government had to amend the Income Tax Act following the supreme court judgement to prevent outflow of Rs 40,000-Rs 50,000 crore from the exchequer.

With the passage of the Finance Bill, 2012 by parliament, the British telecom giant Vodafone might have to pay Rs 20,300 crore as tax, interest and penalty on its acquisition of Hutchison stake in Hutchison Essar in 2007. The deal was signed in Cayman Islands.

"Indian parliament is omnipotent...It has the power to amend any Article of the Constitution," Mukherjee said, adding the government's decision should not be seen as disrespect to supreme court.

"It is not to ignore the constitutionally assigned responsibility of the supreme court...As judiciary has the right to interpret law, legislature has the right to enact law. In the process, if there are divergences of opinion it should be treated as confrontation, it is the honest difference of opinion. If we make an attempt of reconciling that honest difference of opinion, it is not wrong," he said.

Mukherjee said he had told UK Chancellor of Exchequer George Osborne "(what) you have done in your country and I have exactly done it".

Comments

 

Other News

Who checks the books?

I read about the news about the Coimbatore library over coffee this morning. On the face of it, the headline was about a political ‘war’ between the DMK and TVK. But what stayed with me was something much more important than the blame game behind what had transpired. A writer walking through

Development paradox: Falling poverty miracle and an inequality problem

India’s reduction in poverty over the past decade is a development achievement of considerable significance. The World Bank’s April 2026 ‘India Development Update’ estimates that the share of Indians living below the international extreme-poverty line of $3.00 per person per day i

In Arunachal, a river we call mother

In Arunachal Pradesh, the Siang is not just a river. For many of us, especially the Adi people, it is part of our family. Our grandparents fished in it. Children learned to swim in it. Our farms drink from it. When someone says a huge dam will be built on it, we do not hear the word "project".

A new retelling of the Mahabharata delves into key moments

In a time when every decision carries consequences and questions of ambition, power, loyalty, identity and moral choice continue to shape our lives, Dr. Arun Krishnan’s new book, ‘Mahakshana’ (Penguin India) offers a strikingly relevant retelling of the Mahabharata.  

Cabinet approves viability gap funding to develop grid-scale energy storage systems

The Union Cabinet, chaired by PM Narendra Modi, has approved the Viability Gap Funding (VGF) Scheme for Development of Grid-Scale Energy Storage Systems, with a total financial support of Rs.14,500 crore for the period FY 2026-27 to FY 2030-31. The scheme aims to support the development o

Cabinet creates a pathway to absorb Agniveers in Defence Forces

An objective assessment in terms of organisational requirements and operational efficiency has brought out the outstanding performance of Agniveers in terms of skills, motivation levels, physical fitness and technological prowess. As envisaged earlier, based on merit, 25% of Agniveers will be offered reg

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter