PtfttSeriw V «l tX V -N o. t . JM aW t Cktot e a& i f j tKartUm 3,

LOK SABHADEBATES

(Eighteenth Seaiion)

(Vol. LXV contains Nos, 1—9)

LOK SABHA SECRETARIAT NEW DELHI

Price 1 £ 1. 2.00

Tuesday, November 2, 1976 Kartika 11, 1898 (Saka)Fifth Series Vol. LXV. No.8

C O N T E N T S

No. 8—Tuetday> November 2,1976{Kartik* n , 1898 (Sofa).

Papers Laid on the Table

Committee on Papers Laid on the Table—(z) Minutes—laid . . . .(a) Fourth Report—presented .

Public Accounts Committee—233rd, 236th and 237th Reports—presented

Committee on the Welfare of Scheduled Castes and Scheduled Tribes—

58th Report— presented.

Constitution (Forty-Fourth Amendment) Bill— Motion, to pass, as amended

Shri H. R. Gokhale

Shri D. N. Tiwary

Shrimati Subhadra Joshi

Shri Syed Ahmed Aga .

Shri Chandrtka Prasad

Shri Dhamankar .

Shri Narsingh Narain Pandey

Shri M. Kalyanasundaram

Shri Chintamani Panigrahi

Shri Sukhdeo Prasad Verma

Shri M. V. Krishnappa .9hri Ram Hedaoo

Shri Chandra Shailani

Shri L. D. Kotoki

Shri Ramshekhar Prasad Singh

Shri Mulki Raj Saini

Shri Biswanarayan Shastri

Shri Amarnath Vidyalankar Shri Nageshwar Dwivedi Shri T. D. Kamble

Qolumni

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13— !14

14

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13,184— 192

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30—27

28—31

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3 4 -4 0

4 0 -^ 5

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Columns

Shri Ram Bhagat Pamran .................................... 9o—9 4Shri B. K. DasdwwP. G. M avalankar.......................................................139—143Shri-Swami B ra h m a n a n d ji..................................................143— 146

$hfi C. M. Stephen . . . . . . 146— 151

« $hrivVayalar R a v i ...............................................................151— 154

jShriS. A. Kader . . . . . 154— 156

.Shri R. V. Swaminathan..........................................................156— 159

Prof. S. L. Saksena . ' . . 159— 164Shri M. C. D a g a ............................................. . 165— 167

§hqi R. R. Sharma ' . . 167— 168

LOK SABHA DEBATES

LOK SABHA.

Tuesday, November 2, 1976/Kartika 11, 1898 (SaJea)

The Lok Sabha m et at Eleven o f the Clock

[M r. Speaker in the Chair]

PAPERS LAID ON THE TABLE

Statem ent re. delay in laying A n nual A ccounts of Cochin P ort

T rust for 1072-73

THE MINISTER OF SHIPPING AND TRANSPORT (DR. G. S. DHILLON); I beg to lay on the Table a statement (Hindi and English versions) showing reasons for delay in laying the Annual Accounts of the Cochin Port Trust for the year 1972-73 and the Audit Report there- on. [Placed in Library. See No. LT- 11469/76].

T a m il N adu U rban Land (C kunq and R egulation) R ules, 1976 and N otifications under Ta m il NAdu T o w n and C ountry P lanning Act,

1971

THE MINISTER OF STATE IN THE MINISTRY OF WORKS AND HOUSING (SHRI H. K. L. BHAGAT) I beg to lay on the Table—

(1) A copy of the Tamil Hadu Urban Land (Ceiling and Regulation) Rules, 1976, published in Notification No. S.B.O. A / 283 (a)/76 (G.O. Ms 1641) in Tamil Nadu Government Gazette dated the 7th August, 1076 under sub-section (8 ) of section 40 o f the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1976 read wUK

clause (c) (iv) of the Proclamation dated the 31st January, 1976 issued by the President in relation to the State o f Tamil Nadu.

(2) A statement (Hindi and English versions) explaining reasons for not laying the Hindi version of the above Notification.[Placed in Library. See No. LT-11470/76].

(3) A copy each of the following Notifications under sub-section(2) of section 123 of the Tamil Nadu Town and Country Planning Act, 1971 read with clause (c) (iv) of the Proclamation dated the 31st January, 1976 issued by the President In relation to the State o f Tamil Nadu:—

(i) G.O. Ms 652 published Sat Tamil Nadu Government Gazette dated the 7th May,1975 containing—

(a) The Preparation and Sanction of Detailed Development Plan Rules;

(b) The Master Plan (Preparation, Publication and Sanction) Rules;

(c) Application for Planning Permission Rules;

(d) The Planning Authorities (Association of persons) Rules; and

(e) The Disqualifications fas being members of tba Tamil Nadu Town and Country Planning Board or Planning Authorities Rtiten [Placed in Library. Sec Net* LT-11471/76].

Papers Laid NOVEMBER 2, 1076 Papers Laid 4

[Shri H. K. L. Bhagat](ii) G.O. Ms 1871 published in

Tamil Nadu GovernmentGazette dated the 17th December, 1975.

(iii) G.O. Ms 932 published InTamil Nadu GovernmentGazette dated the 23rd June,1976.

(iv) G.O. Ms 980 published inTamil Nadu GovernmentGazette dated the 16th June,1976.

(v) The Planning Authority(Preparation and Submissionof Annual Report) Rules,published in Notification No.G.O. Ms 1232 in Tamil NaduGovernment Gazette datedthe 21st July, 1976.

(4) A statement (Hindi and English versions) explaining reasons for not laying the Hindiversions of the above Notifications.[Placed in Library. See No.LT—11472/76].

N otifications under Ta m il NaduC ooperative Societies A ct 1961 andA ccounts of N ational C ooperauveD evelopment C orporation for

1974-75.THE MINISTER OF STATE IN THE

MINISTRY OP CIVIL SUPPLIESAND CO-OPERATION (SHRI A. C.GEORGE): I beg to lay on theTable—

(1) A copy each of the followingNotifications under sub-section(4) of section 119 of the TamilNadu Co-operative SocietiesAct, 1961 read with clause(c) (iv) of the Proclamationdated the 31st January, 1976 issued by the President in relation to the State of TamilNfedu:—

(i) G.O. Ms 420 published inTamil Nadu GovernmentGazette dated the 7th July,1976 making certain amendments to the Tamil Nadu

Co-operative Societies Bulat1963.

(11) G.O. Ms 422 published inTamil Nadu GovernmentGazette dated the 7th July,1976 making certain amendment to the Tamil Nadu Cooperative Societies Rules,1963.

(iii) G.O. Ms 426 published inTamil Nadu GovernmentGazette dated the 7th July,1976 making certain amendment to the Tamil Nadu Cooperative Societies Rules,1963.

(iv) G.O. Ms 427 published inTamil Nadu GovernmentGazette dated the 7th July,1976 making certain amendment to the Tamil Nadu Cooperative Societies Rules,1963.

(v) GO Ms 485 published in Tamil Nadu GovernmentGazette dated the 28th July,1976 making certain amendment to the Tamil Nadu Cooperative Societies Rules,1963.

(2) A statement (Hindi and English versions) showing reasonsfor delay in laying the aboveNotifications.

(3) A statement (Hindi and English versions) explaining reasons for not laying Hindi versions of the above Notifications.[Placed in Library. See No.LT-11473/76].

(4) A copy of the Certified Accounts (Hindi and English versions) of the National Cooperative Development Corporation, New Delhi, for theyear 1974-75 together with theAudit Report thereon, undersub-section (4) o f section 17of the National Co-operativeDevelopment Corporation Act;1962. [Placed

5 Papers Laid KARTIKA 11, 1898 (SAKA ) Papers Laid 6

Tam il Nabb Coxmr F n s Rotocd (by Obdzr or Couiff) Rules, 1976

THE MINISTER OF STATE IN THE MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS. (DR. V. A. SEYID MUHAMMAD): I beg to lay on the Table-—

(1) A copy of the Tamil Nadu Court Fees Refund (by Order o f Court) Rules, 1976 (Hindi and English versions) published in Notification No. G.O. Ms 1328 in Tamil Nadu Government Gazette dated the 80th June, 1976, under section 78 of the Tamil Nadu Court Fees and Suits Valuation Act, 1955 read with clause (c) (iv) of the Proclamation dated the 31st January, 1976 issued by the President in relation to the State of Tamil Nadu.

(2) A statement (Hindi and English versions) showing reasons for delay in laying the above Notification.

[Placed in Library. See No. LT-11475/76].

N otifications under A ircraft A ct, 1934

THE MINISTER OF STATE IN THE MINISTRY OF TOURISM AND CIVIL AVIATION (SHRI SUREN- DRA PAL SINGH):I beg to lay on the Table—

(1) A copy each of the following Notifications (Hindi and English versions) under section 14A of the Aircraft Act, 1934:—

Ci) The Aircraft (Second Amend, ment) Rules, 1976, published in Notification No. G.S.R. 978 in Gazette of India dated the 3rd July, 1976, together with an explanatory note.

(li) The Aircraft (Third Amendment) Rules, 1976, published

in Notification No. G.S.R. 1201 in Gazette of India dated

the 14th August. 1976 together with an explanatory note.

(iii) The Aircraft (Fourth Amendment) Rules, 1976, published in Notification No. G.S.R. 1202 in Gazette of India dated the 14th August; 1976 together with an explanatory note.

(2) Three statements (Hindi and English versions) showing reasons for delay in laying the above Notifications.(Placed in Library. See No. LT-11476/76].

P revention of F ood A dulteration (4th A m dt ) R ules, 1976

THE DEPUTY MINISTER IN THE MINISTRY OF HEALTH AND FAMILY PLANNING (SHRI A. K. M. ISHAQUE): I beg to lay on theTable a copy of the Preventive of Food Adulteration (Fourth Amendment) Rules. 1976 (Hindi and English versions) published in Notification No. G SR . 1417 m Gazette of India dated the 2nd October, 1976, under subsection (2 ) of section 23 of the Prevention of Food Adulteration Act, 1954. [Placed m Libraiy. See No. LT-11477/76].

R eport Re. Intake of SC/ST in Re cruitment and P rom otion zn R ail

w a y s

THE DEPUTY MINISTER IN THE MINISTRY OF RAILWAYS (SHRI BUTA SINGH): I beg to lay on the Table a copy of the Report (Hindi and English versions) on the progress made in the intake of Scheduled Castes and Scheduled Tribes against vacancies reserved for them In recruitment and promotion categories on the Railways for half year ending 80th September, 1975. [Placed in Library. Sea No. LT-11478/76J.

7 Papers Laid NOVEMBm % 1678 Paper* Laid %

S w a w n ra i sh o w in g a c t io s nr G ov ern m en t o k v a rio u s ASSU

RANCE n c. GIVEN IN LOK S abha.

THE DEPUTY MINISTER IN THE DEPARTMENT OF PARLIAMENTARY AFFAIRS (SHRI B. SHAN*

KARANAND): I beg to lay on theTable the following statements showings the action taken by the Government on various assurances, promisee and undertakings given by the Ministers during the various sessions of Lok Sabha:—

(1) Statement N:>. XLII—Tenth Ssaaion, i 97o-Fourth Lok Sabha QO Statement No. XXXVH—Second Session, 1971

(iii) Statement No. XXI—Fifth Session 1972 (17) Statement No. XX—Ninth Session, 1973(v) Statement N«. XXVI—Tenth Session, 1974(vi) Statement N >. XVIII—TWsIfth Session, 1974

V(vii) Statement N ». XXri—Tairteenth Sessnn, 1975 Fifth Lok Sabha(vin) Statement No VI—Fifteenth Session, 1976 («*) Statement N >• V—Sixteenth Session, 1976(x) Statement No II—Seventeenth Session, 1976

[Pieced 1 it Library See. No. LT-i 1479/76].

N agaland T ourist V ehicles R ules, 1070

THE DEPUTY MINISTER IN THE MINISTRY OF SHIPPING AND TRANSPORT (SHRI DALBIR SINGH): I beg to lay on the Table—

( 1) A copy of the Nagaland Tourist Vehicles Rules, 1970 (Nagaland Amendment Rules, 1970) (Hindi and English versions) published m Notification No. TPT|MV|44|70(Pt) (2) inNegaland Gazette dated the 14th August, 1976, under subsection (S) of section 133 of the Motor Vehicles Act, 1939 read with clause (c) (iii) of the Proclamation dated the 22nd March, 1975 issued by the President in relation to the State of Nagaland.

(2) A statement (Hindi and English versions) showing reasons for delay in laying the above Notification. [Plac

ed In L ibrary. See No. LT- 11480/76].

A n n ual R eport of G ujarat Stats Construction Corporation Ltd., G andhinagar for the year ended 31st

Ju ly , 1975THE DEPUTY MINISTER IN THE

MINISTRY OF AGRICULTURE AND IRRIGATION (SHRI KEDAR NATH SINGH). I beg to lay on the Table— f j

(1) A copy of the Annual Report of the Gujarat State Construction Corporation Limited, Gandhinagar, for the year ended 31st JuJy,1975 along with the Audited Accounts and the comments of the Comptroller and Auditor General, thereon, under sub-section ( 1) of section 619A of the Companies Act, 1956 read with clause (e)(iii) of the Proclamation dated the 12th March, 1976

issued by the President in relation to the State o f Gujarat.

(2) A statement (Hindi and English versions) explain* tag reasons for not laying the Hindi version of the

9 Paper* Laid KARTIKA 11, 1888 (SAKA ) Paper* Laid 10above Report

(Placed in Library. See No. LT- 11481/76].

N o tificatio n s m a n s Expo ts (Q u a- isnr C onthol an d iN fe& cnoN ) A ct, 1868 and Statem en ts re. P ackin g o r

Controlled cloth

THE DEPUTY MINISTER IN THE MINISTRY OF COMMERCE (SHRI VISHWANATH PRATAP SINGH); I beg to lay on the Table—

(1) A copy each of the following Notifications (Hindi and English versions) under subsection (3) of section 17 of the Export (Quality Control and Inspection) Act, 1963:—

(i) The Export of Steel Tubes and Tubulars (Quality Control and Inspection) Amendment Rules, 1976 published in Notification No. SO. 3417 in Gazette of India dated the 25th September, 1976.

(ii) The Export of Cast Iron Manhole Covers and Frames (Inspection) Amendment Rules, 1976 published in Notification No S.O. 3418 in Gazette of India dated the 25th September, 1976.

(iii) The Export of Small Tools and Hand Tools (Quality Control and Inspection) Amendment Rules, 1976 published in Notification No. S.O. 3419 in Gazette of India dated the 25th September, 1976.

(iv) The Export of Sewing Machines (Quality Control and Inspection) Amendment Rules, 1976 published in Notification No. S.O. 8420 in Gazette o f India dated the 25th September, 1976.

(v ) The Export of Cast Iron Soil Pipes and Fittings (Inspection) Amendment Rules,, 1976 published in Notification No. S.O. 3421 in Gazette of India dated the 25th September, 1976.

(vi) The Export of Electric Fans (Quality Control and Inspection) Amendment Rules,1976 published in Notification No. S.O. 3422 in Gazette of India dated the 25th September, 1976.

(vii) The Export of Transmission Line Towers (Quality Control and Inspection) Amendment Rules, 1976 published in Notification No. SO 3423 in Gazette of India dated the 25th September, 1976.

(viii) The Export of Power Driven Pumps (Quality Control and Inspection) Amendment Rules, 1976 published in Notification No. SO. 3424 in Gazette of India dated the 25th September, 1976.

(ix) The Export of Electric Cables and Conductors (Inspection) Amendment Rules, 1976 published in Notification No. S.O. 3425 in Gazette of India dated the 25h September, 1976.

(x) The Export of Diesel Engines (Quality Control and Inspection) Amendment Rules, 1976 published in Notification No. 3426 in Gazette of India dated the 25th September, 1976.

(xi) The Export of Bicycles (Quality Control and inspection) Amendment Rules,1976 published in Notification No. S.O. 34B7 in Gazette of India dated the 88th September, 1976.

XZ Papers Laid NOVEMBER 2, M B Papers Laid ia

[Shri Vishwanath Pratap Singh]

k(z ii) The Export o f Coir Products (Inspection) Amendment Rules, 1976 published in Notification No, S.O. 3428 in Gazette of India dated the 25th September, 1976.

(xlii) The Export of Coir Yarn (Inspection) Amendment Rules, 1976 published in Notification No. S.O. 3429 in Gazette of India dated the 25th September, 1976.

(z iv ) The Export of Coir Mattings (Inspection) Amendment Rules, 1976 published in Notification No. SO. 3430 in Gazette of India dated the 25th September, 1976.

Xxv) The Export of Non-baled Coir Yam (Inspection) Amendment Rules, 1976 published in Notification No. S.O. 3431 in Gazette of India dated the 25th Sep* tember, 1976.

[Placed in Library. See No. L T -11482/76].

[(2) A copy each of the following statements (Hindi and English versions):

;

13 PAC Reports KARTIKA 11, 1898 (SAKA) SC & ST Committee 14

'No tifica tio n under C entral Excise R ules, 1944

THE MINISTER OP STATE INCHARGE OF THE DEPARTMENT OF REVENUE AND BANKING (SHRI PRANAB KUMAR MUKHER- JE E); I beg to lay on the Table n copy of Notification No. 287/76-CE IG.S.R. 862(E)] (Hindi and English versions) published in Gazette of India dated the 1st November, 1976, Issued under the Central Excise Rules, 1944 (together with an explanatory memorandum. [Placed in IXbrary. See No. LT-11485/76].

11.01 he*.

COMMITTEE ON PAPERS LAID ON THE TABLE

(i) M inutes

SHRI NATHU RAM MIRDHA {Nagpur): I beg to lay on the Table Minutes of the sittings of the Committee on Papers laid on the Table held on 18th February, 21st April, 27th April, 10th May, 11th May, 9th June, 24th June, 20th July, 21st July, 19th August, 29th September and 18th October, 1976.

(ii) F ourth R eport

SHRI NATHU RAM MIRDHA:I beg to present the Fourth Report o f the Committee on Papers laid on the Table.

11 .0S hrs

PUBLIC ACCOUNTS COMMITTEE

TW O HUNDRED THIRTY-THIRD, TWO 'HUNDRED THIRTY'-SIXTJK & TWO HUN

DRED THIRTY-SEVENTH REPORTS

SHRI H. N. MUKERJEE (Calcutta—-North-East) : I beg to present

the following Reports of Public Accounts Committee:—

(1) Two Hundred and thirty- third Report on Action Taken by Government on the recommendations contained in their Hundred and ninety- third Report on ‘Gift Tax' relating to the Department of Revenue and Banking.

(2) Two Hundred and thirty- sixth Report on Action Taken by Government on the recommendations contained in their Hundred and seventy- fourth Report on ‘Cash Assistance' relating to the Ministry of Commerce.

(3) Two Hundred and thirty- seventh Report on Action Taken by Government on the recommendations contained in their Hundred and ninety- fourth Report on ‘Import of Textile Machinery’ relating to the Ministry of Commerce.

11.03 hrs.

COMMITTEE ON THE WELFARE OF SCHEDULED CASTES AND

SCHEDULED TRIBES

F if ty - eichth R eport

SHRI NIHAR LASKAR (KarUa- ganj): I beg to present the Fifty- eighth Report (Hindi and English versions) of the Committee on the Welfare of Scheduled Castes and Scheduled Tribes on the Ministry of Shipping and Transport—Reservation for, and employment of, Scheduled Castes and Scheduled Tribes in the services of Delhi Transport Corporation.

com mute)* + N O V x tiB sa w e ( m i A m dt) b o i i $

1 L N b n .

CONSTITUTION (FORTT^FOUBTH AMENDMENT) BILL—contd.

THE MINISTER 0 7 LAW, JUSTICE AND COMPANY AFFAIRS (SHRI H. R. GOKHALE); I beg to move:

“That the Bill further to amend the Constitution of India, as amended,. be passed’*.

MR. SPEAKER: Motion moved:“That the Bill further to amend

the Constitution of India, as amended, be passed” .

Now, before I call upon the non. Members, I have to suggest that since today’s debate is on the third reading, the scope being limited, the speeches should not be too long. I have received a very large number of requests from hon. Members to participate in the debate. So, in order to accommodate all of them, I woul^ suggest to the hon. Members to confine their speeches to, say five minutes. The scope is very limited and you cannot go into the details.

PROF. S. L. SAKSENA (Maharaj- ganj): The Opposition Membersshould get proportionate time.

SHRI D. N. TIWARY (Gopalganj): Sir, I would suggest that those who

have not at all taken part in the debate should be given more time.

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27 Constitution KARTIKA 11, 1888 (SAKA) (44th Amdfc) BW zS

bop* this axe of time-limit will not htt on those who win stand up and ■peak against this BUI and explain its philosophical, political, moral, legal and Constitutional aspects, to say why they are opposed to the SOIL

MR. SPEAKER: Even philosophical, moral or other intellectual approach should not call for a very ong speech. And the whole burden >f my suggestion is that nobody ihould be debarred atfd if Members sooperate and if they confine them- lelves, of course, to relevant matters,! think 1 will be able to accommo- late all the Members.

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Constitution NOVEMBER 2, 1976 (44th Anult.) Bill 19

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21 Constitution KARTIKA 11, 1898 (SAKA) (44th Amdt.) Bill 22

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27 Constitution NOVEMBER 2, 1976 (44th Amdt.) Bill a&

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SHRI SYED AHMED AGA (Bara- mulla): Because of the dynamic leadership of Shrimati Indira Gandhi, this Parliament got the opportunity o f passling this Bill, and I am happy that I happen to be a Member of this Parliament and get an occasion to participate in the passing of this Bill. It is true that this is not the last word on ganbi hatao, or on socioeconomic revolution, but it does show the trend, it does give a direction to our future thinking and to the tutuie plans of development that we are to undertake.

This is the third reading of the Bill We are adding the words “socialist and secular” in the Preamble. We are strengthening the unity and integrity o f the nation. We are ensuring Directive Principles to become operative. We are safeguarding against anti-national activities. We are providing that steps will be taken by suitable legislation to secure participation of the workers in the management. At the same time, we have also included fundamental duties in this Bill.

Besides attending seminars and Symposia on this Bill—it was introduced in September—during the inter-session period, 1 also, on my own, had conversations and meetings with workmen, labourers, tillers, those who pull out lotus roots from under water and the craftsmen. There, an elderly man told me too things. One was that it was because

of the freedom struggle that India was united. The other was that "even though the leaders led us in the freedom struggle, they went to jails. But we received flogging bullets and all type of torture, because we could not be put into the jails. This was due to the fact that the alien rulers could not afford to feed us in the jails/’

After this, the elderly man asked me two questions. lie asked, “Will you, Mr. Aga, give us the right to work?” He further asked, “Will you, Mr. Aga, give us adequate living wages?”

These are the two questions, which I am transmitting to the Law Minister. I hope he will answer these two questions to enable me to convey his reply to those who asked the questions.

sit atfcjVT sw* («fainr) : sera 3ft, raja- afiwPT tftffcR1

fesPTF 5fTT T O *F-7rlT f ĵr?rr n w ffa jrmr*

so srfrnnRT 3??raT *r, fw7 «ft «rr vTtx w r vfur

29 Constitution KARTIKA 21, 1886 (SAKA) (44th Arndt.) Bill 30

tai % s o srfiw s tftoff % aforc % wwfaara «rr fc f t o ^*T^rrt ytrftnft « * f t 3 lr **r

51 ConifituUon N ovem ber 2, im rt v t

^ w ^ s r a r i ?frtf5*rrvmwiTTr firfr ^ f w r *r % arr̂ r, * fh firs)J

f*W3r v « # e f ,

33 Constitution KARTIKA 11, 1888 (SAKA) (44th Amdt.) Bill 34,

%Cf ft *mrvn«r qv*TffC.fW $, **t f®**§£t*ff i ft *t ferr r^sr ft f •

“Destiny after destiny tumbles down. Revolution succeeds to revolution Hindu, Pathan, Moghul, Maratha, Sikh, English are all masters in turns. But the village communities remain the same. In times of trouble, they arm and fortify themselves. A hostile army passes through the country. The village communities collect their little cattle within their walls, and let the enemy pass unprovoked.”

ft firuR % s«r?sr ft far* ft titafosi?sfrc *to*rf*?wr sts? sfopsrer ft f*pi ipj t fafa ft ar^n ^?ttt f fjp irra art finsrrr ft tiwtsrr f w arr t$t £ w t t wr ft w t t tq lm n r | ? w r

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v t u f itfm | ftp * s finfw ^ ftuft ift m «fft * r jm t t o *nsft 1 1

a n r ^ fi^ r T ^ ftr W e r e sriq

35 Constitution NOVEMBER 2, 1974 (44th Arndt) BiU 36

l«ft « * & (

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fiw rTVTrTT qfcrr i ^ Kit ^ rrr

Constitution KARTIKA 11, 1898 (SAKA) (44th Amdt.) Bill 3 *

WTOT W f T f ? 1935 %fS tftXf y s v ’thtt «nrr ’tt

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VOfcwfrWHvrt N Q V t M B V R 2, 1976 (4M h A rn d t,) B U I 4jfc

iWWW «rf»J

*rfa?r T̂?rr | fa ^r| f^ n tf «̂pt ff, ^* r a $ ., * * r * * ir f in ftT O faarrcf *>> ^ *?r 5ir?r t̂, $ f i R T t fopirsrfl- % sn*r ts t s r * ^ T f H ,5EPR ftp*?prV % m q ®(% IG> ^ «rfiRT nr t f l t — 3T° srjTOpT * s m f a T ^ q j f t a s p le * *?r f * m *»> wt$[ f

>4* Constitution KARTIKA U, 1888 (SAKA) (44th Arndt.) Bill 4%

'tm all topics, but no force outsidethis House can place themselves above

'this House. That is our attitude, and that Is why, in spite of all the negative features, some of which are veryseriou6, still my party is inclined,feels it its duty, to give support tothis Bill.

Some of the amendments givennotice of by my party were with a view to give full dimension to the-aim.9 and objectives, to give fuller•content and meaning to our democracy. We are now passing the Constitution (Forty-second Amendment)"Bill, which at the time of introduction was called the Constitution(Forty-fourth Amendment) Bill. During these 26 years of the existence,the Constitution has been amended41 times before.

We have now added the two concepts of “socialism” and “secularism” . We have no Illusion that by addingthese two words in the preamble,from tomorrow our country will beon the high road to socialism. Buiwe are convinced of one thing, thatthe working class, the peasantry, the Intellectuals, those who want to takeour country forward, will agree withthe aim of socialism. The symptomsthat we are seeing in our country,'the struggles that are taking place,are to bring about the necessary socio-economic changes towards thegoal of socialism. Ultimately, it is the toiling people who are going to

''Build, socialism ^their co-operationIs necessary. They must be rousedand they must be involved in the struggle against all the forces whichare working against the idea of socialism. We have chosen our ownpath. There is no need for us to imitate or copy from any other country. But, at the same time, we mustbe humble enough to learn from theexperience of other countries whichhave built socialism, which havestruggled to build socialism. We mustknow who are our enemies, not onlyfrom outside but also from inside.

The enemies of socialism inside willhave their links with the enemiesoutside. So, if we want to build socialism, we must know the economicfactors which are operating againstthe concept of socialism. On thesepoints we may have differences ofopinion with the ruling party, butwe are sure that {he ruling party alsowill gradually change ag they have*been changing during the last 21years. So, with more experience,they will have to change. We arenot opposed to all rights of property,that is a misconception. Under socialism, private property necessaryfor the living of the naan will be ensured. What we are firmly opposedto and determined to fight is the private ownership of public propertyand the means of production. That, is what we are against. If we failto abolish private ownership of themeans of production, the word "socialism” will only be an illusionThis is a very fundamental question.That is why my party was so keenon moving an amendment in that direction. It has been defeated. In ourexperience we have seen' that whatWe say is never immediately accept* ed, it is opposed, but ultimately it willbe accepted. We are confident ofthat That faith gives us confidenceand courage to support this Bill. Ifnot this year, if not this Parliament,another Parliament will accept it.The history of our country will confirm it.

So, the means of production in thecountry must be nationalised and the day will come when even our Congress friends will also be agitatingfor it. Today I saw a news item thatsome Congress Members are giving a resolution to the AICC for the nationalisation of sugar industry! Sugar,texiiies. etc. should be nationalised.Where is the difficulty? So, step bystep we must see that the privatemonopolist control over the means ofproduction is abolished. That is avery vital thing. That is why wegave some amendments and foughtfor this.

43 Contttbttion NOVEMBER 2, 1976 ,

45 Constitution KARTIKA 11, 1896 (SAKA) (44th Amdt.) Bill 46/

mad separatist forces which are very active. The situation; in Tamil Nadu It not as happy as you imagine sitting here. It is very sensitive. All the benefits that we got after the imposition of the President’s Rule are in danger of being wiped out. With these words, I finish my speech.

SHRI CHINTAMANI PANIGRAHI (Bhubaneswar): Mr. Speaker, Sir, I am grateful to you for giving me a chance to participate in this debate.

The present decade in our country has been full of epoch-making events. Our people bade good-bye to the forces of status quo-ism in the great conflict of 1969 and, I think, we have bade good-bye to those forces for all time to come. Since then, we have started on our long march to establish a socialist order through democratic means and processes to end poverty, exploitation and degradation in our society and to keep ourselves, at the same time, abreast of times. One feels privileged to find that after all this long period of conflict, stresses and strains, today we are going to pass this new amendment to the Constitution and I fee] privileged to get this chance of participating in this great process that we are undertaking.

The present amendment of the Constitution, I consider, is another glorious milestone in our goal to achieve emancipation of masses from long ages of penury, deprivation and poverty and to build a new society. I consider that the unity and integrity of India and the supremacy of Parliament, meaning thereby the people of this country, are the two essential foundations of our Constitution. By enacting these amendments, today, once again we are taking a historic measure and strengthening these foundations. Once Dr- Radhakriahnan, the great philosopher o f India had said:

"Poor people who wander about,find no work, no wages and starve,

whose lives are a continual sound of sore affliction and pinching poverty, cannot be proud of the Constitution or the laws.”

Therefore. I think, the steps that we are taking are m neeplrig "with the times and the aspirations of our people. ' 1

Today, by adopting these amendments, we are giving primacy to the Directive Principles of State Policy which aims at establishing a just society, free from exploitation and various social inequalities. The vast masses of our people who live below the poverty line shall have more confidence in our political system, party and Government as they will now find that their Constitution is not something which is far away from them, that it is not something like a deity which is to be merely worshipped in the temples but that this is their Constitution, the people’s Constitution and it is their instrument to improve their lot. They will feel that with the help of the Constitution their representatives are trying their best to fulfil the promises that our party made to the people in 1971. In this light, I consider, that today we are fulfilling the promises that our Prime Minister, our party and our leaders gave to the people in 1971 which for various reasons could not be implemented. Today, we are implementing those promises given to the people.

This is what Pandit Nehru had said in the Constituent Assembly on November 11, 1948. I quote:

“And remember this, that while we want this Constitution to be as solid as a permanent structure as we can rrnke it, nevertheless there is no permanence m Constitution. There should be a certain flexibility. If you make anything rigid and permanent, you stop a nation’s growth, the growth of living vital organic people. Therefore, it has to be flexible."

47 Constitution NOVEMBER i, 1976 (44th Arndt) Bill 48

[Shri Chintamani Panigrahi]

Today, the Constitution has stood the test o f time. In the last decade, whatever changes have taken place in this country, our Constitution has imbibed them and it has tried to uphold the rights and the aspirations of the people.

I come from a State where 1200 sculptors built the Konarak Temple and spent 12 years to complete it. Like that, as good sculptors, we have chiselled out 103 statues in the form o f amendments m this grand structure of our Constitution that was given to us in 1950 and even then this grand structure of our Constitution stands in its grandeur and invites us again, and again, to look >nto it and amend it to suit the needs and the aspirations of the people Still, I think the Constitution maintains its majestic grandeur and it invites us again and again to go to the people and to look to their needs and, if anything is found lacking, to complete it again in the form of other amendments. A marching, vibrant nation is always restless and a Constitution which represents its aspirations can never be static. In olden times our people went to various places of pilgrimage like Jagannath Puri, Rameswar and Dwaraka By man’s ingenuity, milestones have been erected on the wav, but these pilgrims who traverse these paths do not stop at every milestone to reach their destination Man put milestones on the way only to measure the distance a pilgrim has travelled Milestones are not millstones on his neck for him to be crushed under its weight A nil grim who wants to reach his goal will not be deterred from his march hy these milestones Our Constitution is also not a millstone around our neck nor a road-block When we achieved independence and set out to frame the Constitution ours was a wholly feudal society and with the aid and assistance of our Constitution and under its democratic processes our people have fully broken

the stranglehold of feudalism in our society and countoy. We have *lso taken revolutionary measures to break the stranglehold of monopoly capital on our credit systems and various other means of production.

It is relevant to ask, at this point whether the Constitution that we have framed, the instrument which we have forged to break the stranglehold of feudalistic economy or feudal society would be Adequate for our society when we are passing through iemo- cratic processes and when we have de. clared that we shall be a socialist Be* public. We declared that we shall have a socialist Republic in 1976, after completing other phases of social transformation in the last 26 years. This is a great and historic achievement, and I can venture to say, if you will permit me, that we have entered a new phase of our nation-building process and this second phase stands committed to socialism which can be termed as second Republic To compete this task, we may take another 24 years; let us try to complete it by 2000 AD.

I was surprised to hear someone on the other side say that some private citizens had framed the five-point programme and he is not bothered about it I am simply astounded at the kind of knowledge he has. New revolutionary ideas are always from private persons of the Congress Party and they get into the national policies. The Prime Minister herself declared the 20-point and five point as national programmes. I think, therefore, that there should not be any misgivings on this score. Our Constitution nQw stands commlHeeTtO ensufE VoHcSrs*

the TfianaSSBCSjfT^Jo take caW SI th£' healthy growth of youth and children.

I would like to conclude by quoting the prophetic words of the great sage and revolutionary Shri Aurotvndo. He said

“India must be re-born, becauseher re-birth is demanded by the future of the world.”

jfr VotigtStufien KARTIKA 11, 1898 (SAKA) (44th Amdt.) Bill 50

And be exhorted the countrymen:

“ Work that she may prosper; suffer that she may rejoice’1

Shri Aurobindo in his earlier days in a letter to bis wife, had written that he has three madnesses and one of these madnesses was that people see their country as a lifeless material object, in terms of fields, forests and livers, but he said:

“I know my country as my mother and I worship and adore her. *

Therefore, let us worship our country as mother, and let us perform the duties that have been enshrined in tbe Constitution. This is a new phase that we have entered. Let us make it a success. I give full suport to this measure, and I am sure the country will stand by it.

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vt srrarwrvcrr vt *rs

5i Constitution NOVEMBER a, 1*76 (44tfc Auto,) BW

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”53 Constitution KARTIKA 11, 1898 (SAKA) (44th Arndt.) BiU 5*

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Constitution NOVEMBER 3, 1976 (44«h A-Wdt.) BiU 56

TShd M. V. Krishnappa]^Secretary etc. are still there and it is. they who execute our programmes,whether communist or socialist. Ii is

. no wonder »lg is final? Not at all. Verv soon■ we will have to go in lor more amendments. That is why there is I031C in the argument of many of my friends

. here who said that we may re-casi the• constitution and have a constituent

assembly for the purpose. Within 5 years there is going to be a younger

.generation in the country; the leadership is going to fall into the hands ofthe younger generation. The masses are getting awakened; people arc getting enlightened; and our constitution

>must reflect their hopes and their as- i piratic ns.

The private property is somethingwhich should have a limit. There should have been a limit fixed to private property. . They did not do it in the constitution. When we have unlimited private property on the oneside corruption will go on ^ke this. The big industrial houses which had an amount of Rs. 20 or Rs. 30 croresas assets during the time of our independence have now amassed Rs. 800 or Rs. 900 crores. It is also 'he same position with agriculture to rome extent. The wealth of the countr.v and the means of production (both in agri.culture and in industry) is concentrated in a few hands in about ten percent of the population and the restninety per cent still remain poor. Thelegal quibbling and constitutional quibbling may go on between high courtsand supreme court but still the problem of the have-nots in the countryhas not been solved. The have-notsdemand employment, food, and so on. The haves do not want to give awaytheir wealth. They want fundamentalrights to safeguard their own interests.Therefore I say that these legal and constitutional quibblings going on in the country regarding fundamentalrights and so on are nothing bu< an impediment to wealth flowing from the haves to the have-nots. The people

are awakening ,now and-the rich people are bound to go.

If Indira Gandhi had npt come onthe scene in 1969-70 the Naxuliteswould have killed all the rich peoplein the country. They started from oneplace and they went on killing people.It is Indiraji who gave a halt to thismovement. She said, ‘I am going todo it constitutionally, I am going to. doit peacefully, please don’t take lawinto your own hands; we shall bringin the necessary legislation.’ Thepeople are awakening. Their aspirations and their wishes have to be reflected in the constitution and within 4 or 5 years we shall have a differentconstitution. With these words I support the Constitution Amendment Bill.

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Constitution KARTIKA 11, 1*M (SAKA) (44th Amdt.) Bill 5^

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KOVSMBKR 2, 1976 (44th Amdt.} Bill 60

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65 Constitution KARTIKA 11, 1898 (SAKA) (dth Amdt,) Bill 66

,~T~ 'i'i ~ [,'U ~llRf mIT"I' +!"~"f. isrTmn'~U iftrfr 'liT cliqr ~ ~

Constitution NOVEMBER 2, 1976 (44th Amdt.) Bill 68

[Shri Liladhar Kotoki]

of the Constitution. in order to showthe way where we are going and inthat the insertion of these two words':Socialist Secular" are very important.In our manifesto for 1971-72 olectionswe indicated the various steps th

69 OmatitMtton KARTIKA 11, im (SAKA) (44th Arndt.) Bill 70

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75 Constitution NOVEMBER 2, 1976 (44th ;tmdt.) Bill

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CongtitvHon KARTJXA 11, 1898 (SAKA) (44th Arndt.) Bill 78

prevailing in the western countries. But, however, in order to maintain that character, we mu«t first try to remove superstition and blind faith. 60 long as these things are there among the people, no secularism can be achieved.

As far as education is concerned, it is to play a better role in this direction. It is good that education has been placed under the Concurrent List. In the textbooks, undesirable things have been exaggerated according to the whims of the authors. It poisons the mind of the young children. If the mind of the child is poisoned at the formative stage, it is difficult to correct him.

*PJT:

Les8ons have to be prepared in a scientific way. It is difficult to remove what has been once printed in the mind of the child. Government should see that no hatred or prejudice against any faith or religious group or community and region should find place in any text-book.

In this context, X would refer to another clause, unity and integrity of the country. It is good and it is desirable that our country should unite and stand like one man. The integrity of the nation, the unity of the country and the sovereignty of the country should be maintained by all concerned. How can the unity be achieved? Unless and until there is an equality to some extent, to a reasonable extent, there cannot be any unity. To 31As- trate the point, I may mention, the two pieces of iron can be joined together when those two pieces are heated to the equal degree. If one piece remains cold and the other is heated, then those two pieces cannot be Joined together. This anology can be extended to all concerned. Therefore, it should be our attempt to bring about eq u ity among the people and among ihe regions. The economic imbalances of the regions are also to be

removed. Only then we can hope that there will be real integrity, the real unity of the country.

The Law Minister has presented this Bill. He has constructed a great build. Ing. it is now for different Ministers to furnish it with good equipment, with decent decoratives and such other things. When it is done the building will be useful, so also the provisions of the Constitution. I have already referred to the things to be done*by the Ministry of Education, the Minis- try of Industry and the Ministry of Home Affairs. The different Ministries can do many things towards achieving our goals. It it is left only by passing the Constitution Amendment Bill, nothing will be achieved. I wanted to highlight those points and, I hope, the concerned Ministers and the Ministries will pay their undivided attention to those respects.

I support this Constitution Amendment Bill for the reasons I have already stated. I am a common' man as I have stated. I do not know the niceties of law, what clause is removed or what clause Is modified. But I know that this Constitution Amendment Bill will do. It has established once for all the supremacy and the sovereignty of the House of the People, that means of the Parliament and for that matter, of the people. An eminent saint of Bengal has praised human being:

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In ultimate reality, the man is the truth. There is nothing above the man. 1 |̂|

Another thing that this Bill has done is to remove the doubt in the interpretation of the provision ̂ of the Constitution. Die Constitution has to be correctly interpreted as It has been Intended by the founding fathers of the Constitution.

Last but not the least thing is that this Constitution Amendment Bill

79 Constitution NOVEMBER 2, 1976 80.

[Shr! Biswanarayan Shastri]

keeps in touch with the changing cir-cumstances and it fulfils the hopesand aspirations of the millions of thepeople who. 'have .been starving,' who.have been' deprived of their due, andwho are under-privileged in the coun-try. For these four braad reasons, Isupport 'and welcome this Bill warm-ly.

Regarding 'the integration of thecountry, i: would like' to. say ane thingmore. There are two ways of makingintegration, emotional . and cultural.As .everybady knows, the emotionsrise and fall. With the events, w'iththe, changing circumstances, tIle emo-tions may rise and the emotions mayfall. If we stress mare and mare onemotional integration and neglect theother side, it will fail to. serve thepurpose. Therefore, we should seethat there 'is cultural integration inthe hearts of the peaple., That willlead us to. the goal,

I wauld like to. conclude my speechwith the clarion -call given by ourPrime Minister to. the people whichI Can repeat in the wards of our anci-ent sage:

SHRI AMARNATH .VIDYALi}.N-KAR (Chandigarh):' Mr. Deputy-Speaker, Sir, i support this Constitu-tion Amendment Bill. I regard if asa very important landmark in 'India'shistory of Constitutional, politicaland social develapment. I a'so re-gard .it as R very significant land-mark in the brilliant and glorious re-cord of our Prime Minister's. dynamicand decisive l~ad€l'ship. 'In the pastdecade India has faced many prob-, 'lems and whenever ' we'- faced anyseri;us problem, our Prim'e MinistQrdid not surrender before it, but shehas taken decisi've measures and shehas tried to salv~ th~ problem.' T!1isConstitution Amendment Bill is inthe~a!rie

SI Con~titution 82KARTIKA 11, 1898 (SAKA) - (44th Amdt.) Bill

ta~~~ measures in this direction bythe nationalisation of banks and byg.iiJingpredominance to- 'public sec-tor. We have been taking measuresin- this direction and we want ~9pro-ceed on those Iines, Socialism of ourPar'ty has 'been the same since theKarachi -Hesolution was passed underth~ 'leadership of Mahatma Gandhi.Since then; ail the Congress leaders,whether Pandit Jawaharlal Nehru orour present Prime Minister. or t:.ieother leaders, have given the sameconcept of socialism to the ·country.T.q~refore, to try to say ·that the ':;0-ci~lism propounded.by our PrimeMihister is different is not correct.The Congress - believes in' socialism'we" have already taken measures inth~t direction: and we will proceed onthe same lines. -

In this Preamble we have also added'another word, v,iz., 'secularism'. Inth~ past many communal parties h.avetried to exploit politics and tried tomislead people in the name of reli-gion, in the Dame of language or inthe" name of parochialism. -Now theywill be curbed and I expect that nopolitical party will be allowed to beformed under- our election law, thatbases its ideology on communalism orparochialism or linguism or any kindof tasteism. By including the word'secularism' I think this aim alsoshould be clear and it should be trans-lated in a manner that this country ISfree' from these kinds of divisiveforces and divisive slogans.

I am glad that by passing thisamendment-i-I am quite sure thisHOUSewill pass it to-day-we 'wili begiving a- proper place to -this Par lia-ment . and we - have.. accepted thesupremacy of the Parliament, that theconstitution will not' be challenged'anywhere outside -this Parliament.So, this is a great gain we will beachieving by passing this amendment

Similarly, thE: Directive Principleshave . been -give-ntheir. proper place.Property rights -and other rights will

not be a basis on which constitutionalamendments or the constitution willbe challenged. This is also a greatgain.

I think similarly We have clearlyaccepted the federal idea. Some mem-bers raised this question of the fede-ral idea. We have accepted thefederal idea but we have also' conso-lidated Hie unity of India. There isa very thin line between the two,but we have accepted that this Indiais an entity and' one unity. By pro-viding - cert.ain measures we haveaccepted the federal character of theconstitution. We have given properfreedom to the States but we havealso-declared that the country has toremain united and any tendency todivide the country into various partswill be curbed and 'will not beallowed.

As you have now rung the bell, Ido -not have much -tirrre. I thinksimilarly making education and manyother t/:ings as concurrent subjects 15,also a good thing. We have not takenaway anything from-the States .. Wehave only tried to help them and theCentre is now' free- to go to the 'helpof the States also and give the correctlead to the country, All this clearlyreflects the concept of unity in diver-gence,

So I think this Bill contains manyelem'ents 'that should be welcome andI think -iust as in the country peoplehave welcomed it, we will also passit and this Par-liament will go downin history, that they have taken theproper step at the 'appropriate timeand given the constitution a neworientation that is·consistenj ';ith th~needs of the country. to-day, .

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95 Constitution NOVEMBER 2, 1976 (44th Amdt.) Bill

. . [Shri B. K. DaschowdhurY]i. ~f' thes~ provisions ·iiJ.·this .sm .wh~chis hride~ cbnsiderat(on, ~s now .gomgon but some people started objectingthat there are certain basic changesin the Constitution ... What are .. themain points of. their qbjE;ct~ons.?: T~ey'have 'started objecting to the passingof this Constitution Amendment Billquestio~ing . whether this .House. hasg~t its ma~date? The Erosi.?ll o~Fundamental Rights, the- EtoslOn of'J:ud~ciary, ",the ~xces~iye power; Irra-tionalities if). the Second Part. of . theFund.amental Duty Chapter' that hasbeen proposed 'to he, added, 'as some. of them have interpreted, are-In c,qn-fiict with thess -Fup~a\ri.ental Ri,ghts

- .• ": • '! i;:;.., •and above all whether ·thlS ' Par'Iia-ment 'has" got this power?

_ Let '~s' discuss if ,on' the basis . ofthese' poirrts which' have- been r~bed,by S~Rl~ .hon, . friends .. , lYIy fI;lendshave aptly' said 'that this H~us~ has'got. the .mandate on the' oasis . of the-programmes· of the -party- grv.en m1!r71. I lo p'Ot wan] to refer to ,all'th~t~ . But if in order' to uphold, theConstifution', in order to 'wdrk wlthmthe framework Cif this ConstitutiO'f-l-'in th'e P~ea~ble it is said, ~'-to ~~c';lre. j~sti~~so~iai; economic and politi-cal" -":if ''in the '.further'ance of '.secur-~ng ~ustioe-social; soonomic and .po-ti'car-cerlain changes are rriada .: inorder to give relief to the poorer -sec-tions I do not know where is the con-flict therein and where is the questionof mandate. that comes in. The man-date is there. The moment thisHouse was elected, composed of 526members, they have their boundenduty to secure for the society justice--social, economic and political.

What are we going to do by thisamending process? They have said,erosion of .fundamental rights. TheLaw Minister and other members aL30explained that any laws passed inthe furtherance or the directive pri'!1-ciples i,e. Chapter Iy of the Consti-tution, should not be challenged on

. any of the grounds mentioned in

articles 'l4, 19 and 31. What are' ~l\ethings. that are- ,m~Fltioned,', jn . ~hedirective ·princ'iples.· The things arebetterment of the society, welfare otthe people a~d in its totality what-ever is' possible 'that is to' be aone., Iwould like .to add one word here. ,Si)~ar, as those t,hin,gs which were n?tbeing done, earlier are concerned, an,attempt has been made to do them and~lso to see tha t tlie society' marchesforward' both in the economic- spherearid politicai sphere 'and ~lso 1'0. ttM~:,form' tire society .irito an egalitariansociei~., .c'ertain ne';" clauses . havebeEm .a'c;lded for. this p~rpos~, \y~\~.ti.are laudable', But some persons havefound- .fault with it.' . I dO' not kn6\"what is their=argument.

Th~n let us take tha -ques,tiori, . 6!erosion' of the [udiciary. Where. HIthe' point of erosion of the judiciary?No powers of the judiciary have beencurbed. . Rather the' powers of ll;\e[udiciary which were hitherto.' ~gtwell-defined have been .streamliI}cdand well-defined, Nothing else' hasbeen. done. But';e have seen. out 'ofour e~periepc~s': what actuary l!~.gbeen the role of' the judiciary in ourcountry. One after the other the judl-ciary . tried, to interpret' the ,C~nstitn-tion in a i11anne~ they' wanted to d~and even by one judge's point' bfview, either in the High Court orSupreme Court," they wanted' to up-hold that, their views were supremeand none else's. 'I'hough, We ,are .. .inthis'democratic process and we b~-Iieve in "dernocracy and adult.' fran-chise, yet the views- of the .representa-tives of the people 'in this .House andin' the other Ho~s'e are not supreme,only ~he. judges"; views are supreme!This is. nothing .out,a -new despotismon rthe part of the judiciary who de-liver judgments as H they are theonly' kings :and rulers i~ this' 'countryand nobody: else: cOrripleteiyignorihgthe will and.consent-ofths people whosend the'ir- 'represe~tative~.· .to th'i~B:~use '(0' look after their w'elia~e antIw~ll-b'eing.' Therefore,' the questionoi ,erosion of the judioiafy does n.qth'oIdanY· ground, . . .

Cattitttittfcm KARTXKA 11. 1808 (SAKA) (44th Amdt.) Bill 9®

I have gone through one o f the articles published in the Indian Express sometime before. About Fundamental Duties particularly, they mention and I quote: "The challengesfollow the noble ideals that inspired our national straggle for freedom.” Our national leaders took part in the national struggle and they aptly have said that there are certain inalienable fundamental right and those rights, particularly referring to art. 14, 19and 31 are, somehow or the other, being taken in view of the Directive Principles of the State Policy of the Constitution. I do not know what is their actual view point. If their view point is to stick to the law i.e. the fundamental rights are fundamental rights, then those fundamental rights are for whom? Those fundamental rights are for the so-called higher echelons of the society, for the so- called haves and not for have-aots. What is their grievance? The poorer sections of the society, the vast multitudes of the country do not consider that fundamental rights arc embedded in the Constitution. They consider what their fundamental needs are. Their fundamental •wed is that their hunger should be removed and their economic conditions ameliorated. In view of these things, which one is to be given more weight- age—the poorer sections who are demanding better transformation of the society or those who are clinging to the position that the fundamental rights should. be followed by this country. The problems of the poorer sections are to be given more weight- age. This position, in brief, seemed to have shocked many people. I would only quote one of the observations of George Bernard Shaw that it is not only necessary that some people should have to be shocked but it is absolutely necessary that they should be shocked very often and not occasionally, for the progress and Prosperity of the country. With this view, these articles or constitutional changes which are under consideration, are welcome measures. There is2074 LS—4.

&o doubt about it. But I would only appeal to the hon. Minister to consider one of the provisions. The hon. Minister has mentioned that the increasing number of seats of the Scheduled Castes and Scheduled Tribes has been frozen according to the census figure of 1971. I have no quarrel with that. But I would request the hon. Minister to consider and let me know after passing this Amending Bill, whether it will conflict with the recently passed Amendment Order of the Scheduled Castes and Scheduled Tribes. If it conflicts, then it will certainly encroach on the powers whch have been given undor that Order. The Constitution is supreme and any act contrary to the Constitution cannot act properly. Therefore, with reference to this Act, it should be given serious consideration. I would also request the hon. Minister to give a reply to this point. With these words, I support this Bill.

SHRI P. VENKATASUBBAIAH (Nandyal): Mr. Deputy-Speaker, Sir, I rise to support the Amending Bill that has been brought forward by the Law Minister. While introducing this Bill, the Law Minister has aptly said that it is the finest hour in the post-independence era. I entirely agree with his sentiments The nation is on the march under the able leadership of our Prime Minister. Never in the history of out country have we made ourselves felt as the emerging leader of the new nations, and our voice is now heard with respect in the world councils. This happy situation has been facilitated by the fact that we are enjoying political stability in this country coupled with economic prosperity.

I am really surprised at the attitude of some of the opposition parties, who have run away from their sense of duty by not participating in the historic deliberaions. At the same time, I congratulate some of the other political parties and Independents who have thought it fit, and I feel rightly so, to participate and give their contribution for the passage of this amending Bill.

99 Constitution HOVSMB2R 2, i m (44th Auldt) JBitl ioc

{Shri P. VtekatinAbaiih)Democracy is a form of Government

where consensus emerges through discussion. It is not fair to say that democracy will thrive only if there ia indulgence of politics in the streets and confrontation.

This Amending Bill has asserted that Parliament is supreme to make laws, to amend the Constitution. Parliament means the will of the people. It is rightly said that Parliament reflects the aspirations of the people. In order to remove some cf the stumbling blocks that stand in the way of socio-economic revolution, it is necessary that Parliament should reflect the real feelings of the people and the Constitution should reflect the aspirations of the people. As oui Prime Minister and President of the Republic have aptly said, the Constitution is not sacrosanct, it is not static. It needs constant changes so as to meet the changing needs of the people.

Coming to some of the basic features, the supremacy of Parliament has been asserted and the federal character of the Constitution has been kept in tact, though some doubts were raised with regard to the sending of the federal armed forces to the various States in case there is 6ome trouble m those States. In this connection, the Law Minister has rightly pointed out that our Constitution is neither completely federal nor completely unitary. It is a mixture of both the federal and unitary structure. So, there should be constant rapport between the Centre and the States. Then only we will be able to utilize to the maximum the resources that are available in the country.

In this context, it is relevant to refer to the transfer of certain subjects to the Concurrent List. Now Madras city is suffering from lack of drinking water. There are four million people living in that city and the only available source of water is the River Krishna, failing which there is the danger of the entire population of Madras city going without satisfying the elementary need of drinking water.

New, because o f the dynamic pnraoca. lity of the Prime Minister, *be will b* able to convince the respective Chie: Minister to part with some of thi available water of Krishna. Had shi not taken into her heart to help thi thirsty millions of Madras city, tlM diversion of the Krishna water t< Madras would not happen becaus* water is considered to be a State sut> Ject and the States ate fighting amonj themselves to appropriate as roucl water as possible merely due to the fact that by some geographical accident they happen to be by the side ol certain rivers. The same ig the case with drought-affected areas like Rajasthan and Rayalseema where there is necessity to take water from the mighty rivers to irrigate the land and bring prosperity to the people. So, if irrigation and power or river waters is included in the Concurrent List, it will go a long way to bring about economic prosperity to the arid and drought-affected areas. I hope the hon. Minister will have a second look at it and come forward with an amendment for including this subject in the Concurrent List.

In order to have political stability, defection from one political party tc another should be avoided. There i£ already a Bill pending before the Joint Committee and I think it will soon come to the House to be passed. I had the privilege of moving a resolution in this connection as early as 1967 and it had the unanimous support of this House. So, I hope the hon. Minister will see that such a Bill is passed.

We have stated in the Preamble now that ours will be a socialist, secular State. So, the removal of regional imbalances must be given greater care.

Only in this country is the bureau* cracy enjoying constitutional protection. The sooner we Temcve it the better will we be able to implement the socio-economic policies and programmes for the amelioration of the economic condition of the poor people.

x&x ConttUntiQ* K ABTJX\U , 1898 (SAKA) (44th Amdt.) Bill xoa

I hope the lion. Minister will take natters into consideration and

that we will ere long re-cast the Constitution in its entirety if necessary tor benefit of the common man.

SHRI K. LAKKAPPA (Tumkur): It Is a good thing that in the Preamble we have made it very clear that we stand for socialism, but the point is that there are certain articles which come in the way of the implementation of the letter and spirit of the Constitution.

For instance, if the democratic setup and federal character of our Constitution is to be implemented, the authority of the bureaucracy should be limited. The mere constitution of administrative tribunals will not be sufficient. Articles 311 and 312 should be suitably amended We must create a more dynamic, living Constitution which will reflect the real aspirations of the people of the country.

Although we have extended the term of the Lok Sabha for one year

MR' DEFUTY-SPEAKER. We have not.

SHRI K. LAKKAPPA:. . but we are not incapable of facing elections. We have previouly faced elections and got ourselves elected by the people. But political freedom is not enough. Therefore, we have to take into consideration economic freedom also. After the declaration of the emergency, the Prime Minister had launched the 20- point economic programme. How fax these amendments would really help in the implementation of the 20-point economic programme is to be seen because there are certain obstructions also.

Uptill now, our Directive Priciples have been mere pious promises and we could not enforce them. We want to eradicate poverty, but we are not in a Position to provide gainful employment to the people of this country. Unless

the right to work is also incorporated in the Seventh Schedule, it will be very difficult to give employment to the people of this country. I hope the hon. Minister will give a new thought to this and also a suitable and convincing reply about this point.

It goes without saying that large resources have to be ear-marked for giving employment to the people of this country. Shri Venkatasubbaiah was just now referring to the economic im- blamances existing in the country.

Today, millions of people of our country are unemployed and gainful employment is not available to them At the behest of the bureaucrats, their kith and kin have been employed In the various public sector undertakings and there has been no scrupulous scrutiny about it. One of the main difficulties is that millions of people of the country are not fully involved in the development of the country. It is, therefore, necessary that the right to work should be guaranteed, and the Central should give mandatory directions to the States to provide gainful employment to the people. All people, whether they be literate or lllitrate should be given some work to do. Unless it is done, it will be difficult to introduce meaningful socialism in the country. If it becomes necessary to make further changes in the Constitution, we will support them. But the most important thing is to guarantee the right to work and to provide employment to the people, and il should not remain merely ornamental and a pious wish as it was in the Directive Principles of the Constitution.

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107 constitution NOVEMBER 2, 1979

[09 Constitution KARTIKA 11, 1898 (SAKA) (44th Amdt.) Bill n o

itself, resignation of members and a partylees system—ell these demands were made. Not only at that time it seemed that the whole government would be paralysed before these people not here but mainly outside; but having been in this House we have faced it for quite a long time and we faced it single-handed when several stalwarts of our comrades were attacked and injured.

After all this, it is good that we are getting this amendment which is most comprehensive and most far reaching than any other amendment to the Constitution made so far and it will be adopted also. The ruling party approved it, the Swaran Singh Committee bas approved it, the AICC has approv'd it, the Cabinet also approved it and :t was moved in the last session of the Lok Sabha and a national debate then ;nsued. Mr. Gokhale and others led the discussion.

Again dangers arose which were ?osed from outside from threats, actual ivalk-outs, boycott of the session of Parliament and demands that the Parliament is not competent enough to unend the Constitution and only a constituent assembly can do it and that /oice got another impetus from the ruling party itself and in 3-4 States lemands were made even on the very >ve of this special session that a :onstituent assembly should be formed.

So, these were the pangs of birth of this amending Bill and this again vent before the whole country secause it was not an inner party iffairs. It was widely publicised and all these made the country almost on :he verge of suspecting whether an- >ther 1969 had come. Now, it is good ihat friends on that side, inside the Parliament and outside the Parlia- nent, in the ruling party, and inside :he government all have asserted that he Parliament is competent to enact his Bill and scotched that attempt 'or referring it back to a constituent assembly or even to Select Commit-ee. ThereBy the supremacy of Par- i ament and our own commitment to &e people were maintained. For

that I congratulate all those the individuals and forces who have been helpful to us in tfria regard. Another thing about whioh we are happy is about the inclusion. of the word secular n our Preamble. Uptill now we said, sovereign democratic republic. Even now our sovereignty is there, the democratic basis is there. These have to be strengthened and defended against the onslaught of anti-secular forces. We know how various forces have been operating in this country directly and indirectly, sometimes hidden, sometimes open, to destroy the very secular basis of our Constitution. Therefore, it is necessary that the term secular should be spelt out. We have included what we have preached for the first time in the Constitution. We know how voices were raised in this country against all isms and ideologies. I want to congratulate the Prime Minister, her partymen, shri Gokhale and others for counteracting such forces and for having incorporated their own commitment to the people. The word ‘socialist’ is being added. Socialistdemocracy is going to be our constitutional preamble hereafter. There was another attempt intentionally or unintentionally to say only democraticsocialism. Now we have put it pro* perly saying, socialist, secular, deme* cratic republic. It is not that weare under an illusion that we have got the socialist republic. We are heading towards it. This is our solemn resolve. This is our declaration. We now start another chapter in our political life. Another new chapter hereafter begins. We will have to see step by step the realisation of this goal.

Another important change is this. The Judiciary has been given a more respectful place. By siding with the princely order, by siding with the monopolists and the vested interests* the judiciary allowed its prestige to go down in this country in the past. Now we have put it properly that judiciary will not be allowed to interfere with the constitutional amendments. W e have said that Directive

>11 Constitution NOVEMBER 2, 1976 (4*th Amdt) SHI n z

[Shri Bhogegdra JhaJ Principles should have precedence over fundamental rights. Judiciary therefore will behave in a more responsible manner and they will be able to fulfil their role In the lives of our people.

But there are certain aspects where we feel that the amendments have not gone for enough. We feel that they have not gone to the extent they ought to have gone or should have gone. There is one slur which we have with the unlimited, unbridled right to property. I would refer to an axiom in the Bhagavat Gita:

fsPTff I

Property is only for a person's needs. If he amasses more than that he is a thief. I am sure through the demo, cratic process we will overcome Ihis hurdle also.

President’s power to act on theadvice of the Cabinet has also beenclearly spelt out. We are happy about it. Although this was understood, now we have clearly spelt it out. Our happiness is not an unqualified thing because there are certain things about which we are not happy. We go out from the House, we go to the constituencies. The Prime Minister is hereself saying that we should go and meet the people. How can this be done when there is total ban on meetings in Bihar? I think nobody will expect that I will not go and meet my people.

15.00 hrs.I do not know whether 1 will be

arrested or not, because there is a total ban. Now no smuggler is being arrested, no hoarder is being arrested. So the prices have risen during the last four months. In turn, this has had other undesirable results. Those very elements who wer® working against us, who were forcing people to resign are demanding a Constituent Assembly, and with the Youth Congress cap on their

heads, they are now taking revenge' on those who have restored our democratic structure, and in a violent way. Only the lebel has changed; the elements are the same. They are abusing the Prime Minister privately. Openly they go about saying that the 20-point programme is nonsense. They want simply to hide their own criminal offences. I am .not talking o f people in the political sphere only; I am talking of all. Most of those people are doing this. If I come to individuals, most of the people on the other side will not dispute what I say, In these conditions, it is disastrous to do some of the things we have done. We have now amended the Constitution to say that if there is emergency declared in a single part of the country, it can be enforced in other parts also. This is a strange thing. Then again the proposal to send armed forces into a State without the consent of the State Government, while the State Government is functioning there. This will add to avoidable strain in Centre-State relations.

Similarly, with regard to the protection of minorities, our Constitution is clear on the point. Certain amendments made require some additional safeguards more in consonance with the secular character of our polity.

On the question of language, I have been fighting for Hindi all my life. But I would like my friends from the Hindi area to realise that while Hindi is most popular, is spoken by most people in the country, is understood by most people in the country, Indie after Partition is bigger than Hindi. Bharat is bigger than Hindi. There are many other languages. Take, for example, Tamil. It cannot be compared to Hindi. It can be compared to Sanskrit. So if our unity is to be preserved, let Hindi be developed by giving all incentives and impetus to It side by side but without bringing in pressure so that the whole of the culture of India and all the languages develop in a proper way.

1X3 Constitution KARTIKA 11, 16B8 (SAKA) (44th Amdt.) Bill 114

SHBtMATI M. GODFREY (Nominated—Anglo-Indians). Mr. Deputy* Speaker, thank you very much for giving me an opportunity of saying a few words The whole world, all the countries of the world are undergoing a change and stepping forward So I think our country has taken a step at the right time of introducing this 44th amendment to tne Constitution of India I feel happy that many amendments were introduced and passed yesterday I am also particularly interested in the safeguards given to the minorities I only hope that these safeguards will be meticulously carried out by the people who are guarding them

I would like to make a request to Government Now the duties of citizens have been very clearly put down here I would suggest that these be put down m the educational syllabus also so that children as they come up to discharge the higher tasks feel the duties of the citizens of this free country If they are taught at the school level what these duties are 1 am sure they will come out as very good citizens of this country of ours

I am glad to note the change m the Preamble to the Constitution by bringing in the words ‘Sovereign, So* cialist Secular, Democratic Republic’. The word ‘Secular* struck me most, because when I go about, everybody asks me ‘How is it that you are a Member of Parliament and you dress in this fashion7’ This proves to you the secular character of our country. So I am a living proof of secularism in this Democratic Republic of ours I openly tell them ‘This shows bowsecular our country is’. We acceptall languages, all dresses, all religions. We are people of all colours, all dresses speaking different languages and we are all in the mainstream with the rest of the people of India We are all Indians. We may wear different costumes, different dresses, but tee are all Indians. We all know very well; I am a living example to Show bow secular our country is, I am

proud to tell people outside and in the country also that we are secular.

In our education system I should like to have once again moral science subject They have now put in civics I think a little more of moral science, if added to that, will help our students to become very good student citizens of the country With these words, I thank you very much for a chance to speak on this Bill

Shn N K SANGHI (Jalore) We had been having a marathon debate for the last nine days and this has real- ly been a special session when the entire time of the