This article has been written by Akalya Shanmugam, a student of Government Law College (Coimbatore),TamilNadu Dr. Ambedkar Law University,

INTRODUCTION:

“Omnibus article” can refer to a single piece of legislation or a legislative package that addresses multiple, diverse issues or topics. An omnibus bill may contain provisions related to different policy areas, such as taxes, health care, education, and national security, among others. The term “omnibus” comes from Latin and means “for everything.” Omnibus articles are often used by lawmakers to address multiple issues in a single bill, with the goal of streamlining the legislative process and reducing the number of bills that need to be passed. However, omnibus articles can also be controversial, as some lawmakers may object to certain provisions included in the bill, leading to lengthy debates and delays in the legislative process.

OVERVIEW OF OMNIBUS ARTICLE :

In India, an omnibus article is a piece of legislation that deals with multiple topics or issues within a single document. The use of omnibus articles is common in India and is often employed to simplify and streamline the legislative process, reducing the number of bills that need to be passed. However, the use of omnibus articles in India has also been the subject of criticism and controversy.

One of the most significant examples of an omnibus bill in India is the Finance Bill. The Finance Bill is introduced annually by the government to provide for changes in taxation and other financial matters. The Finance Bill is typically a large, complex piece of legislation that contains provisions related to multiple policy areas. For example, the Finance Bill 2021 included provisions related to income tax, goods and services tax, customs duty, and other financial matters.

Another example of an omnibus bill in India is the Consolidated Fund of India Act and the Appropriation Act. These bills are introduced to provide for the allocation and disbursement of government funds. The Consolidated Fund of India Act establishes a consolidated fund to which all revenues received by the government are credited, while the Appropriation Act provides for the withdrawal of funds from the consolidated fund for specific purposes.

The use of omnibus bills in India has been the subject of criticism, with some lawmakers arguing that the complexity of the bills makes it difficult to properly scrutinize them. For example, in 2015, the government introduced the Finance Bill, which contained several controversial provisions, including an amendment to the Income Tax Act that would allow the government to reopen tax cases up to 16 years old. The bill was met with opposition from some lawmakers, who argued that the provision would unfairly target taxpayers and violate their right to due process.

Similarly, in 2018, the government introduced an omnibus bill called the Tribunals Reforms (Rationalisation and Conditions of Service) Bill, which aimed to merge several tribunals and reduce the number of members in those tribunals. The bill was met with opposition from some lawmakers, who argued that it would compromise the independence of the tribunals. The bill was ultimately passed, but the controversy surrounding it highlighted the potential pitfalls of using omnibus bills in the legislative process.

CASE LAWS DEALING WITH OMNIBUS ARTICLE:

Kihoto Hollohan v. Zachillhu: In this case, the Supreme Court of India upheld the constitutional validity of an omnibus article in the Tenth Schedule of the Constitution, which deals with anti-defection laws. The court held that an omnibus article that covers a range of subjects is not unconstitutional as long as the subjects are related and have a common purpose.

Kameshwar Prasad & Others v. State of Bihar: In this case, the Supreme Court of India struck down an omnibus amendment to the Bihar Land Reforms Act, 1950, which sought to make several changes to the Act, including allowing the state government to exempt certain lands from the scope of the Act. The court held that the amendment was not related to the subject matter of the Act and was, therefore, unconstitutional.

Mohd. Hanif Quareshi v. State of Bihar: In this case, the Supreme Court of India struck down an omnibus amendment to the Bihar Agricultural Produce Market Act, 1960, which sought to make several changes to the Act, including changing the definition of “market area” and allowing the government to exempt certain areas from the scope of the Act. The court held that the amendment was not related to the subject matter of the Act and was, therefore, unconstitutional.

Association of Unified Telecom Service Providers of India v. Union of India: In this case, the Supreme Court of India upheld the constitutional validity of an omnibus article in the Finance Act, 2016, which sought to provide for a “service tax” on certain services provided by telecom companies. The court held that the article was not unconstitutional as long as it was related to the subject matter of the Finance Act.

These case laws highlight the importance of ensuring that omnibus articles are related to the subject matter of the legislation and do not infringe on individual rights. The courts have consistently held that omnibus articles must have a common purpose and be related to the subject matter of the legislation in which they are included. This helps to ensure that omnibus articles are not used to introduce unrelated or controversial provisions into the legislative process.

CONCLUSION:

 In conclusion, the use of omnibus articles in India is a controversial issue. While they can be useful in streamlining the legislative process and reducing the number of bills that need to be passed, they can also be complex and controversial. It is important that lawmakers exercise caution when using omnibus articles to ensure that they do not infringe on individual rights or compromise the integrity of the legislative process

REFERENCE:

1.Indian Constitutional Law, M.P. Jain, LexisNexis Publication.

2.Introduction to the Constitution of India, Dr. Durga Das Basu, 20th Edition Reprint 2011, LexisNexis Butterworths Wadhwa Nagpur Publication.

3.Constitutional Law, Mamta Rao, Eastern Book Company, Lucknow.

4. https://indiankanoon.org/doc/77529842/

Aishwarya Says:

Law students often face problems, which they cannot share with their friends and families. We have started a column on our website Student’s Corner. In this column we are talking to several law students about the challenges that they face. Students who are interested in participating in the same, can fill this Google Form.

IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems to aishwarya@aishwaryasandeep.com

Join our  Whatsapp Group for latest Job Opening