Tuesday, April 5, 1977 Sixth Series1R. 9 Chaitra 15, 1899 (Saka)

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No. 9, Tuesday, April 5, 1977!Chattra 15, 1899 (Saka) C o l u m n s Welcom; to the Parliamentary Delegation from Finland 1 Oral Answers to Questions : •Starred Questions Nos. 1 to 5 2—30 Written Answers to Questions : Starred Questions Nos. 6 to 20 30—44 Unstarred Questions Nos. 1 to 50 44—78 Papers laid on the Table ■ 78—94 Messages from . 95 Food Corporations (Amendment) Bill— 95 As passed by Rajya Sabha Calling Attention to Matter of Urgent Public Importance— Im-nediatc release of political prisoners 96—105 Statement re. Government’s Policy on Universalisation of Literacy, improvement of Secondary Education, Research, Political victimi­ sation in the Department of Education and Culture and removal of restrictions on elections to Students’ Unions— Shri Pratap Chandra Chander 106—108 Government of Union Territories (Amendment) Bill —Introduced 108__10 Statement re. Government of Union Territories (Amendment) Ordi­ nances— Chiudhuri 110— 111, 226— 28 Delhi Adm:nistration (Amendment) Bill—Introduced 111 Statement re. Delhi Administration (Amendment) Ordinance—

Chaudhuri Charan Singh 111 Disputed Elections (Prime Minister and Speaker) Bill—Introduced in Motion to introduce— Shri Shyamnandan Mishra 112—15 Shri Sharad Yadav 115—>7

Shri Mftdhu Limaye 117— 19 Shri Hari Vishnu Kamath 120-21

Shri Shanti Bhushan 121— 26 •The sign -t m irked above the name of a Member indicates that the question was actual I v asked on the floor of the House by that Member. COLUMNS Statement re. Disputed Election* (Prime Minister «nd S peaked* 0>nii* nance—

Shri Shanti Bhushan- 126—27 Motion of Thariks 0:1 the Address by the ViOe-President acting as President • ... 12/-

Shri Chitta Basu . . « 129— 33 Shri P. K. Deo . . . 133— 38 Shri Narendra P. Nathwani . . . 138—44 Shri Jagdambi Prasad Yadav 144— 48 Shri Vasant Sathe 148—59 Shrimati Renuka Devi Barkataki 159—63 Shri ...... 163—74 Statutory Resolution re. continuance in force of the Proclamation in respect of Tamil Nadu— t Chaudhuri Charan Singh 175—7 ' Shri P. Kannan .... 177—79 Shri O. V. Alagesan 179-87 Shrimati Parvathi Krishnan 187—92 Shri Kumari An an than 192—93 Shri A. Asokaraj . 193—97 Shri A. Murugesan . . 197—02 Shri K. Ramamurthy . . . 202—04 Shri R. Mohanara-igam • . • . 204—o6i Dr. Henry Austin 206— TO* Shri S. Nanjesha Gowda 211— Shri R. Kolanthaivelu 213—'? Shri A. V. P. Asaithambi 215— Shri M. Kalyanasundaram 221— Statutory Resolution re. continuance in force of the Proclamation in respect of Nagaland— Chaudhuri Charan Singh 228— Caltex [Acquisition of Shares of Caltex Oil Refining (India) Limited and of the Undertakings in India of Caltex (India) Limited] Bill Motion [to consider— Shri H. N. Bahuguna 230— Dr. Henry Austin. 231— DEBATES

i 2 • LOK SABHA ORAL ANSWERS TO QUESTIONS

IMPLEMENTATION OF RECOMMEN­ Tuesday, April l, 1977/Chaitra el, 1899 DATIONS OF HATHI COMMITTEE (iSaka) *1. SHR1 VASANT SATHE: Will the Minister of CHEMICALS AND The Lok Sabha met at Eleven of the FERTILIZERS be pleased to state: Clock Ca) the present stage of implementa­ [M r . D eputy-S peakek in the Chair] tion of the recommendations of Hathi Committee on Drugs; and

WELCOME TO THE PARLIAMEN­ (b) particulars of final decisions TARY DELEGATION FROM taken/proposed to be taken recom­ FINLAND mendation-wise? MR. DEPUTY SPEAKER: At the outset, I have to make announce­ THE MINISTER OF PETROLEUM AND CHEMICALS AND FERTILIZERS ment. (SHRI H. N. BAHUGUNA): (a) and On behalf of the Speaker, on my Ob). The Report of the Committee on own behalf and on behalf of the Drugs and Pharmaceuticals Industry Hon’ble Members of the House, I have (Hathi Committee) has been under consideration of the Government. Final great pleasure in welcoming the decision on the various recommenda­ Hon’ble Members of the Parliamentary tions made by this Committee shall be Delegation from Finland who are on a visit to India as our honoured guests. taken as soon as possible. The members of the delegation are: SHRI VASANT SATHE: This Re­ 1. Mr. Kuumo Honkonen, M.P.—- port of the Hathi Committee, as the Leader of the delegation. hon. Minister will be knowing, has been there for quite some time before 2. Mr. Ralf Friberg, M.P. the Government and we thought that in 3. Mr. Pertti Salolainen, M.P. view of the importance of the recom­ mendation it will be implemented with 4. Mrs. Terhi Nieminen, M.P. all earnestness. But so many things have transpired in between and may I 5. Mr. Heimo Linna, M.P. and particularly invite the attention of the hon. Minister, who is a .lynamic per­ 6. Mr. Jaakko Hissa. son himself, to the recommendation in The delegation arrived early this Chapter V, at page 86 of the Report. morning and will be in India till the Para 4 says: 9th April. They are now seated in the Special Box. We wish them a happy “Between 1952 and 1965 and even and fruitful stay in our country. upto 1968 well-know multi-national Through them we convey our greetings units and a few Indian units operat­ and best wishes to the Parliament, Go­ ing in this country received a big vernment and the People of Finland. impetus to boost their turn over in 179 L.S.—1 3 Oral Answers APRIL 5, 1977 Oral Answers 4

the shape of ‘‘Permission Letters” . like to invite his attention to another 364 of these items were permitted to important recommedation about having be manufactured by 15 leading a national drugs authority both for pro­ foreign units. Four of these items duction as well as qualitative control were bulk drugs and *he remaining and price control. What is the Govern­ 360 items were formulations, many ment’s thinking relating to this? Per­ of which could have I-can easily haps, he migh' not have applied his manufactured by the Indian mind. Sector...... ” SHRI H. N. BAHUGUNA: We are MR. DEPUTY SPEAKER: You are intensively thinking on the whole •entitled to supplementary. question. SHRI VASANT SATHE: His reply was only that it is under considera­ SHRI CHITTA BASU: Sir, the hon. tion. I am reading this out to invite Minister is reported to have observed his attention so that he can give reply very recently that it ;s Government’s in full. This is a short thing. policy to provide medicines for mil­ “ The formulations included house­ lions. In view of this observation har­ hold remedies, such as formulations ing been made recently by the hon. containing vitamins and minerals, Minister, may I know from the Go­ many of which did not require a vernment whether some of rhe recom­ doctor’s prescription, cough mixtures, mendations of the Hathi Committee are ring worm ointments, ‘health salts* directly related to taking measures in gripe mixtures, laxative tablets, the matter of translating into action the etc___ ” so called efforts? If so, I want to know whether he is in a Dosition to assure The particular recommendation of the House that he will take immediate the Committee is that these 117 well- steps for the supply of medicinae at known medicines for the common man cheapest rates to the masses of our should be manufactured in India by country. the Public Sector and also by the Indian Sector. What is the Govern­ ment’s policy regarding this? SHRI H. N. BAHUGUNA: Sir, not a day more than is necessary will be lost SHRI H. N. BAHUGUNA: Sir, I in finalising the Government’s views on had already submitted that the natter this very important and specific sector is under consideration. So far as this of our economy. Government is concerned, it is a ques­ tion of days that we have been here. SHRI SONU SINGH PATIL: Will Shri Sathe would recall, as a Member the hon. Minister be pleased to state of the Fifth Lok Sabha and who con­ whether the Hathi Committee had de­ tinues even now, that the shoe is on clared the permission letters and Ihe .some one else’s leg. C.O.B. licences as without any legal backing? If so, will he be pleased to Right now, 1 can assure him that it declare all such activities r s illegal? Is will not take as long ag the ether side it a fact that the C.O.B. licence and took when they were sitting on ihis permission letters so declared were for side. I can assure him that the whole the production of the extent of Rs. 184 of the recommendations will receive crores out of the national production due consideration. Many of them are of Rs. 450 crores in 1976-77? If this is unexceptionable. so, why was this production of non- essential items by the foreign firms SHRI VASANT SATHE: I thank allowed? What is the intention of the the hon. Minister for promising to Government? Is it their intention to take expeditious action. I would also stop it? 5 Oral Answers CHAITRA 15, 1899 (SAKA) Oral Answers

SHRI H. N. BAHUGUNA: As I said, vernment will not be in the interest of this is a new Government and anything anyone except India. done by the predecessor Government is also under review along with the SHRI JYOTIRMOY BOSU: is the' recommendations of the Hathi Com­ Minister aware of the fact that a multi­ mittee. I think it has done a great national organisation of drugs, viz., service in the matter of this particular OPPI of Bombay has set-up a very sector. powerful lobby in the Capital with their huge office of a resident represen­ DR. SUSHILA NAYAR; Sir, I tative to stall the recommendations of would like to know whether it has been the Hathi Committee by influencing the the policy and it has been discussed for officials. If so, what steps have been a long long time, that certain drugs taken by the government in this which are commonly required should regard? be produced in bulk and supplied to the consumers at cheap rate. So far, SHRI H. N. BAHUGUNA: The grea­ ?ome steps have been laken in regard test guarantee against all these types to what are regarded as lifesaving of activities is my hon. friend, Shri drugs, which are required by very few Bosu. So, we need not be afraid of people. I would like lo know frcm the the resident representative. Hon. Minister whether he is in a posi­ tion to tell us as to what is being done PURCHASE OF CRANES BY ONGC to supp?y commonly required drugs FROM DEMAG OF GERMANY like asprin, vitamin and ether drugs for children, at as cheap a rate as *2. SHRI JYOTIRMOY BOSU: Will possible. This can only be done if they the Minister of PETROLEUM be pleas­ are produced in bulk and also if they ed to state: are produced by the small manufac­ turers whose overheads are small as v'a) w hether Oil and Natural Gas compared to the big manufacturers of Commission or any other Government drugs. Oil Organisation has bought cranes and other items from DEMAG o f Germany; SHRI H. N. BAHUGUNA: Sir, the hon. Member being a physician has a (b) if so, facts thereof; and good deal of experience and I agree with her that a lot of things should be (c) who are their representatives/ done. Bui. T have only asked for a agents in India? very small reprieve so that we can romc out with a total policy in regard THE MINISTER OF PETROLEUM to this queslion. AND CHEMICALS AND FERTI­ LIZERS: (SHRI H. N, BAHUGUNA): SHRT NATVARLAL B. PARMAR: I ia) to (c). A statement giving the re­ would like to know whether the recom­ quisite information is laid on t’ie Table mendations of the Hathi Committee of the Sabha. have been twisted, diluted and chang­ ed by lhc official* in ihe interest of the Statement multi-nationals like Pfizer, Sandoz and May & Baker? If so, the details (a) to (c ). The ONCC invited open thereof. tenders in 1.075 for the purchase of 8 truck-mounted mobile cranes of 40/45 SHRI H. N. BAHUGUNA : The ques­ tonne capacity. Since one of the firms tion of dilution does not arise because reduced its offer after the opening of the whole thing has not yet teen fina­ the tenders, the ONGC held negotia­ lised. I can assure the hon. Member tions with all firms who had made that anything that is done by this go­ technically acceptable offers. The re- 7 Oral Afftifwera APRIL 5, 1977 Oral Answers

vised offers of these firms were as follows: —

Name of the firm/ Name of machine Source FOB price for 8 CIF price fc r 8 Indian agent crftnes cranes (Rs.) (Rs.)

i Earth Moving & Ma- Hoist -5460 USA 1*34 crcres 1*58 crores chinery Go. New Delhi 2 Nisscho-Iwai Japan. Link belt HC-218 Japan 1*42 crores 1*62 crores -J 3 Escorts Ltd., North-West 60-T USA 1 *32 crores 1*74 crores Faridabad

4 Alaruti Heavy Demag TC-280-L German 1*62 crcres 1*76 crores Vehicles Ltd., Gurgaon.

2. After duly considering these 8 truck-mounted mobile cranes of offers, the ONGC proposed that orders 40-45 tonnes each. The tender calling should be placed with the lowest ten­ was an eye-wash as they had urged derers namely M/s. Earth Moving and the erstwhile pseudo socialist Minister, Machinery Co., New Delhi for Ameri­ Shri Malaviya, to give the business to can Hoist Cranes. While this proposal Maruti Heavy Vehicles Ltd,, New Delhi was being examined in the Ministry, and the Commission for this deal was M/s. Maruti Heavy Vehicles Ltd., about 21 per cent which was wholly Gurgaon, the Indian agents for Demag paid in foreign exchange. The busi­ cranes, revised their offer from Tvs. 1.76 ness was given to Maruti Heavy Vehi­ crores to Rs. 1.70 crores (GIF). cles Ltd., New Delhi as they were the agents of the West German firm called Demag. 3. The Minister of Petroleum did not agree with the ONGC’s proposal and expressed the view that Demag cranes Sir. in the context of what I have should be purchased even though these said, is it also a fact that the erstwhile were not the lowest priced. This view pseudo socialist Minister, Shri Msla- was ultimately accepted by the Minis­ viya, in his note dated 29th January, try of Finance and ONGC were there­ 1976, over-ruled the ONGC’s recom­ upon asked in February 1976 by the mendation that the lowest quotation Ministry of Petroleum to place an order should be accepted. He had stated on on Maruti Heavy Vehicles Limited for the file: 8 Demag cranes at a total cost of Rs. 1.70 crores. “I do not agree with ONGC’s re­ commendation to buy the US cranes 4. Spare parts for the aforesaid which seems to have been motivated Demag cranes have been ordered in by the lower cost of these cranes.” March, 1977 for Rs. 29.27 lakhs, through Maruti Heavy Vehicles (Pvt) Ltd. Sir, I would also like to know whe­ ther it is a fact that the business was SHRI JYOTIRMOY BOSU: Sir, in given to Maruti Heavy Vehicles Ltd., this context I would like to know whe­ New Delhi, even when their quotation ther the ONGC’s requirement was was Rs. 1.76 crores and that of the genuine or not because I have great Earth Moving and Machinery Com­ doubt as this involves Mrs. Indira and pany, that is, HOIST, was Rs. 1.5ft Son and \)o. Ltd. The ONGC required crores. 4 Oral Answers CHAITRA 15, 1899 (SAKA) O ral Answers

I would also like to know whether shame and what a bad day for the the erstwhile Minister also stated on country! the file: ME. DEPUTY SPEAKER’: What is “ I am not convinced that the chea­ the question now? pest should prove best for us. More so, because Demag machines are 1 stronger and sturdier. It can be used SHRI JYOTIRMOY BOSU: The for longer periods...... ” question is whether the erstwhile Finance Minister has turned down the recommendations of his own Ministry, They might enjoy that reputation i.e., Secretary of Expenditure and has second to none. Demag is a good in­ approved the quotation of the much ternational company outside the U.S.A. higher price from another capitalist and we should try and establish special country. relations with them. Therefore, I want to know what are the other things that he said. He also said: “I do not SHRI H. N. BAHUGUNA : It is a see any useful purpose in pursuing for have gone through this very unfor­ further reduction in price.’* I would tunate case with some concern and like to know about it from the hon. anxiety. But I think, to them that Minister. made the decision unfortunate, but to the nation it is serious. But J think Mr. Subramaniam knows the use of SHRI H. N. BAHUGUNA: It js a English better than any one of us do. fact, Sir that Maruti Heavy Vehicles He never said: “Give it to any one”. Ltd., Gurgaon, was given this tender He put it in the words “make the ten­ in spite of their higher bid and the der more competitive” . So, I do not lower ones were left out. It is also true really know whether his Ministry that the then Petroleum Minister, Mr. thereafter took care to see his noting Malaviya, made the notings on the file, and follow his advice or not. The but my hon. friend appears to know whole thing concerning that appeared more about it than myself. I do not to have been done in a manner which have the file with me. Therefore, I creates so many doubts in many good will not challenge him on that score. intentioned minds. But if my memory goes right, the ciaim of the hon. Member appears to be somewhat the way it appears on the SHRI JYOTIRMOY BOSU: On a file. point of order. I have given nctice to lay it on the Table of the House. SHRI JYOTIRMOY BOSU: Is it Under Rule 368, I have given prior also a fact that the honourable erst­ notice and provided a copy to you. while Congress Minister, Shri C. Subra- maniam who is sitting here on our MR. DEPUTY SPEAKER: Mr. Bosu, right—the Minister of Finance request­ in the first place, the document has ed the Minister for Petroleum to re­ not been seen by anybody. So, I re­ consider his decision and let the ONGC quest you to give it at fhe Table of the accept the lowest tender for the supply House and we shall see whether it can of American hoist cranes. Thereupon be laid on the Table. the former Petroleum Minister recorded that the quotation be considered fav­ SHRI JOYTIRMOY BOSU: Sir, you ourably. The Finance Minister said: cannot proceed without disposing it of. “ Do not accept the lowest quotation. Give this to any other capitalist coun­ MR. DEPUTY SPEAKER: I have try except the highest quotation be­ already disposed it of. You have cause it involves the Prime Minister s given it at the Table and we will son Mr. Sanjay Gandhi” What a examine what can be done. II Oral Answers APRIL 6, 1977 Oral Answers 12

SHRI JYOTIRMOY BOSU: I have this country, imported 12 from Ger­ complied with the requirements as many and 12 from the Vnited States per the rules. You can’t take the arbi­ International Harvesters. Mr. Sanjay trary decisions here. I have com­ Gandhi also happened to be a com­ plied with the rules. I have given an mission agent of that company. May advance copy to the Secretary Gene­ I know whether these are facts and ral. How on earth can you say that also whether the trucks were acually I should hand it over at the Table? imported though -they could have been produced in this country as we MR. DEPUTY SPEAKER: Under have the capacity to manufacture the rules, the Speaker has to look trucks in this country? into the document, and the Speaker has not had the time to look into it. SHRI H. N. BAHUGUNA: The hon. Member is asking a specific SHRI JYOTIRMOY BOSU: Kindly question about -trucks. The informa­ see rule 368 and also directions 117 tion available with me is to the effect and 118. They provide that an ad­ that what was brought from Ger­ vance copy should be given; it should many waa cranes and not trucks. be authenticated and notice should Of course cranes were mounted on be given before 10 O’clock. You say the trucks. To that extent they have it will be looked into. been purchased. So far as other things are concerned, I will need MR. DEPUTY-SPEAKER: You further information. have just handed over the document.

SHRI JYOTIRMOY BOSU: Before V3T *n?T the sitting of the House. Do not say tot ^ *r|t | fa % things which are not correct. *ft *ft tft 6 fte Ttar MR. DEPUTY-SPEAKER: The | 3RT % S03T nft «TT ? Speaker has had no time to look into it. I have already given my ruling; it will be looked into and if it is in qro S ift W fa ft J5T 1 2 fiTTT order -to lay it on the Table, you will |l 3fT?RT ^T^rTT g fa *ft f t ? be permitted to lay it on the Table. f m r ^ fafl?t STTCT %

SHRI JYOTIRMOY BOSU: I am now giving you this copy; you can fair ^ ? SPIT ^ sfa | 9 fwvpr % ST7T The Secretary to the Government is lit? sfrw r r flRir w t t ? not at all responsible; I have seen the flies with regard to this matter; the •ft ;T5^T wypTT : W W T , officers have had no hand in the matter. JTOTtT TO f^T^r 5ft % SJ^T % «Ti»T ^ I MR % '3^1^ ^ f^ CIMIH

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MR. DEPUTY-SPEAKER: This vacancies were kept in abeyance? If question relates to ONGC. Your sup­ it is a long period, will the minister plementary does not arise out of this. examine why it is so? May I kn#w Next question. whether the basis on which the sanc­ tioned strength was fixed was wrong? Is it not a fact that because these vacancies existed for a very long time, *ttw t | 1 wre it resulted in arrears piling up in v r ts 3trt t — %f%*r sttt *riT ^ • N o the High Court? 450 «rcftr Jffr «nrt ^r Disp u nnnnnnnnnnn SHRI SHANTI BHUSHAN: The two vacancies of permanent judges MR. DEPUTY-SPEAKER: I have have been existing since 1st August, already said that it does not arise 1975 and there have been other ad­ out of this question. I have already ditional vacancies also for a consi­ called the next question. derable period. The reason for the appointment not having been made is that the Chief Justice of the Judges in Madras High Court Court and the Chief Justice of India have to be consulted and they have been changing their opinions. So far *3. SHRI M. KALYANASUNDA­ as the present Government is con­ RAM: Will the Minister of LAW, cerned, the hon. Member would JUSTICE AND COMPANY AFFAIRS appreciate that it has come to office be pleased to state: only recently. The whole matter is under the examination of the present (a) the sanctioned strength of Government and we hope to take a judges of the High Court of Madras; decision very quickly in the matter. (b) whether any judges are work­ "SHRI M. KALYANASUNDARAM: ing in that High Court on temporary I cannot hold the present Minister basis; and responsible for the delay. But will (c) the reasons for not filling up he examine the cause for this in­ the vacancies there, if any? ordinate delay? In view of the amendment to the Civil Procedure THE MINISTER OF LAW, JUS­ Code and the Criminal Procedure TICE AND COMPNAY AFFAIRS Code, will the Government examine (SHRI SHANTI BHUSHAN): (a) The whether there is still need for the sanctioned strength of the High present sanctioned strength and Court of Madras at present is 16 whether there is any decline in the Permanent Judges and 6 Additional work of the High Courts? Judges. (b) At present 14 permanent SHRI SHANTI BHUSHAN: I may Judges and 2 Additional Judges are assure the hon. Member that the in position. whole question as to why the ap­ pointment to the High Court has (c) The matter has been under the remained pending for so long would consideration of Government. Consul­ be examined. Here I would like to tation with various authorities has make a submission that so far as taken time. the recommendation of the Chief Justice of the High Court and the SHRI M. KALYANASUNDARAM: Chief Justice of India is concerned, Only 16 Judges have been working in view of Article 121 of the Consti­ as against the sanctioned strength of tution that there should be no dis­ 22. May I know for how long these cussion about the conduct of judges, 17 Oral Answers CHAITRA 15, 1899 (SAKA) Oral Answer$ 18

it is not right to discuss the conduct SHRI SHANTI BHUSHAN: There in public of persons holding judicial were 2 additional judges; and there authority because that is likely to were 2 permanent vacancies. The impair their efficiency. I assure the question of appointing those two ad­ hon. Member that all his sentiments ditional judges to the permanent in the matter would be borne in vacancies was considered by the mind. The whole matter would be government, the recommendations of very closely examined before the the Chief Justice of the High Court Government takes a decision. and the Chief Justice of India were obtained; and in the light of the So far as the other part of the consultations with those Chief question is concerned, this would Justices, the term of those two ad­ also be examined as to what the ditional judges for the time being strength of the High Courts should has been extended by the previous be keeping in view the various am­ government. So far as the present endments which have been made in government is concerned, as I said the CPC and CrPC. I hope the hon. the matter is under examination as Member will bear with me. to what exatly should be done.

SHRI RAMA CHANDRA MAL- SHRI K. MAYATHEVAR: I submit LICK: Whether it is a fact the large that the hon. Law Minister had com­ number of cases are still pending in mented on the judges of the Madras the Madras High Court and other High Court. We should not make any courts and what action Government comments on the Chief Justice o f is contemplating in this regard? the Supreme Court, or of the High Courts. I admit the point. So far SHRI SHANTI BHUSHAN: It is as the former Chief Justice of the true that in various High Courts Madras High Court, Mr. Veeraswami there are arrears and therefore, the is concerned, he is facing a grave matter is receiving very close consi­ criminal charge which is pending be­ deration of the Government. The fore the sessions court at Madras. Government will devote its thought I would like to know the position of to this problem at an early date. the case, its nature and whether government would look into it. We SHRI ARAVINDA BALA PAJA- are not commenting on the conduct of the case. But that gentleman has NOR: Since 1975 vacancies of two committed criminal offences violating permanent judges have been lying all justice, as a matter of fact. (Inter- unfilled. There are four additional ruptions). judges who are working there. What prevented the Government from ap­ pointing two permanent judges out MR. DEPUTY SPEAKER: I am of these four additional judges? I sorry that question does not arise out do not think two years time is re­ of this Question. quired for consultation between the Chief Justice of India and the Chief *TT*T : WBTST Justice of the High Court. $ *rnr% m w r firffer aft ^ c^nr jf far ift 3? uszft SHRI SHANTI BHUSHAN: The question is about the appointment of % in f % f%cT% jgt *F3ff ^TRT- two additional judges. fkm m r sprtorr vfffc *nft ^ ifk u SHRI ARAVINDA BALA PAJA- NOR: It is about two permanent judges. They are waiting from 1975 onwards. * f ? 19 Oral Answers APRIL 5, 1977 Oral Answers 2Q>

MR. DEPUTY SPEAKER: I must this general principle, is still under be very clear cm one point. The the examination of the present gov­ Question relates to the High Court of ernment. A definite policy in regard to Madras. You cannot extend it to that would be suitably considered aM the entire country. Therefore I am adopted. very sorry I will not be able to permit that kind of a question. Those who T O : ifTr tpr eznrpqrr want to ask specific questions can ^>T STH' ^ I ^ %■ do so. (Interruption). ^ T I STRff % T w m ^ f t t 5tt w fti 1 1 inrszprPTT d E l codd e* e( 5HFT JTf I f% *PK Tffit w \ n snjfaT ^ far W t ^TT ^Tf sfft ^T% RW 3RT3T ^ I vrzm W* % ^ * farjr ihftfxW eft STPT 'jft % ^frfsRj fen* «rr, ^ 3*, tN? I 1>KH % *m«fi rd v»< pRT MR. DEPUTY-SPEAKER: It is not 3R5TT % gtr *TT a point of order. I want to make it quite clear for future guidance that TWt SR>M % Jf # *THT- when there is a question on the Order Paper, the Minister will be asked to answer only that specific question and supplementaries relating to that ques­ MR. DEPUTY SPEAKER: Mr. tion. You cannot traverse the entire Manohar Lai, I allowed you on the ground all over the country. Even previous question as also on this ques­ if the Minister has got the informa­ tion; but unfortunately you seem to tion, still he can give it only when be asking a question which is not a separate question is tabled, and not connected with this Question. Please by way of answer to a supplemen­ be specific; when you ask questions, tary. you should put them on the basis of the Question that is there. «ft 5*3? ^ ^TRT : *TjfT f * tptt<=pt '5r% i) srfarr wiiiiMii SHRI SHANTI BHUSHAN: As far | s rk "lift f srsff ^ | w as the Madras High Court is concern­ % srref %’ftrcr tN - qf^r ed, one judge was transferred from W k 3TT ff^T T? ftr | | Kerala to Madras cm the 3rd January, 1977. As far as the transfer of judges -Hit 1+1 cTCjj *T 3 ^ - rzrPTFPTI 7 from one High Court to another, forfwer rFF 3nrnfV ? which had been made during the period of Emergency without the con­ aTHHl ^'l^dl i t%rf% 3T3ff Sfft ^rrfv sent of those judges is concerned, the I vrfc JTrfr fkT? ?R> policy of the present government is WOhK ar^TT 3IT Tft t ? generally against it. And this govern­ ment would like to transfer back SHRI SHANTI BHUSHAN: Gov- those judges from the High Courts ernment is fully conscious of the to which they have been transferred, problem that even the sanctioned of course after obtaining their con­ strength of Judges in the High sent. If some of them want to remain Courts... where they have been transferred, it is a different matter. But I would tike to make one thing clear: whether any exception should be made to W | I STP^T W pRT | 21Orsi Answers CHAITRA 15, 1899 (SAKA) Oral Answers x%

^ tR iff 5t f t *TRT I It would also be examining as to what strength is necessary in the *1§|qM JI^T «ilO f ^ t f> I High Courts to solve the problem of ' tf^fr q r fa s T g i pending arrears, because the Govern­ ment feels that every case must be decided as expeditiously as possible. 1 5TTf^ ?W»T:t*. tR't’K f H WTcT Per Md«dir r nnnnnnnnnnn STTfaT : SRSFTT ^ SHRI MOHANARANGAM: Sir, we t ft? %if y t t it firerfr want the answer in English, because the whole question relates to Tamil snft <£1 ^ Nadu.

MR. DEPUTY-SPEAKER: The Minister may reply in any language | i ^nr^TT «re he pleases. srnr jfV AN HON. MEMBER: The transla­ f w r vpft T WT t> vil tion is there. | i ’srrf^, «rk

SHRI MOHANARANGAM: The f%rT% 3R f ^ * translation that we are getting is | *K+K SJH * WTK only half. iftfw froff^ r i MR. DEPUTY-SPEAKER: The Minister can speak in any language. Re-examination of Acts passed during Emergency by High Power Committee SHRI SHANTI BHUSHAN: Mr. Deputy-Speaker, may I say that I + am equally in love with all the languages of this country? I would like to learn all the languages of this *4. SHRI SAMAR GUHA: country. SHRI BASHIR AHMAD:

SHRI ARAVINDA BALA PAJA- Will the Minister of LAW, JUS­ NOR: The translation that we are TICE AND COMPANY AFFAIRS be getting for the last five days is pleased to state: imperfect. So, we would like to have the replies in English. (a) whether Government propose to set up a high power Committee to SHRI SHANTI BHUSHAN: May re-examine all the Acts passed by I, with your permission, so far as Government during period of Emer­ this particular question is concerned, gency from June 26, 1975 to March answer in both Hindi and English? 23, 1977; and

The Government is fully conscious (b) if so, main features thereof? that even the sanctioned strength of High Court Judges in various High THE MINISTER OF LAW, JUS­ Courts have not been maintained Tor TICE AND COMPANY AFFAIRS long periods by the previous Govern­ (SHRI SHANTI BHUSHAN): (a) ment for reasons best known to them. While Government have decided as The Government, therefore, has been a matter of policy to undertake a examining this issue and would like thorough review of MISA and exa­ to come forward with solutions to mine the existing laws to see whether this problem, as quickly as possible. they are adequate to deal with eco­ *23 Oral Answers APRIL 5, 1977 Oral Answers 24 nomic offences and the security of order to determine what is to be the country without denying the done, but so far no decision has been citizen the right of access to courts, taken regarding the method to be no decision has so far been taken to adopted for reviewing those Acts. set up a high-powered Committee for However, the suggestion regarding the purpose. the setting up of a high power com­ mittee for this purpose will be consi­ (b) Does not arise. dered by the Government.

SHRI SAMAR GUHA; 1 am sorry SHRI SAMAR GUHA: My second to point out that though he is a very question relates to constitutional eminent lawyer, he has not given amendments passed during the em­ proper attention to the Question. I ergency. We were in jail for most of had not mentioned MISA cnJy. He the time and we do not know exactly has by passed the main burden of my how many were adopted. As far as question. It is known that during the I know, five Acts were passed by emergency about 101 general Acts, Parliament, and they have completely which related to economic, political changed the basic character of our and judicial matters as also labour Constitution. and various other problems, were adopted by Parliament. These deal with very vital issues and affect the I want to know from the Govern­ people as a whole. So, 1 want to ment—this time, they have used diffe­ know whether Government will insti­ rent words—whether a national com­ tute a thorough enquiry through an mission is to be instituted by the expert legal committee, including re­ Government to enter into a national presentatives of Government as well dialogue with all sections of the as of the Supreme Court and High people, including the legal experts Court Bar Associations, to go into the and men of legal opinions to see merits and dements of these Acts and that are the provisions of the Act® recommend whether some of them which should be amended, what are should be amended or repealed. He the amendments that we have already should go deep into the matter and adopted which should be repealed or say categorically whether all these changed or amended so that the* prin­ Acts would be probed into by a high ciple of democracy an 3 socialism, as; power expert legal committee. is our objective in our recent mani­ festo, is defended and the people are SHRI SHANTI BHUSHAN: The assured that in future* there is no policy to review the Acts has been possibility, whatsoever, of this kind indicated by the Government in of emergency taking advantage of the Paragraph 6 of the Address to Par­ vague clause of emergency in the liament by the Acting President of Constitution and there is no possibi­ India. The policy is to review those lity, whatsoever, to enforce any auto­ Acts which had imposed curbs on the cratic and tyrannical rule to which fundamental freedoms and civil rights the whole country was subjected to? of the people with a view to restoring the rule of law and the right to SHRI SHANTI BHUSHAN: The freedom of expression to the press. Government proposes to bring a com­ A large number of Acts had been prehensive measure for constitutional passed during the period of the em­ amendments which will also cover ergency. In fact, the number of Acts 42nd Constitution Amendment Bill and passed by Parliament was 138. They the provisions would have to be include a number of Acts which are adopted in order to finalise the deci­ of a controversial nature?. Govern­ sion of the Government. In regard ment would review all those Acts to what amendments have to be made which are of a controvesial nature in in the Constitution, this is under tke .25 Oral Answers CHAITRA 15, 1890 (SAKA) Oral Answers 2 6

consideration of the Government and SHRI MADHU LIMA YE: You the Government would be taking a should ask a specific question. decision thereon very shortly. (Interruptions) SHRI BASHIR AHMAD* There is MR. DEPUTY-SPEAKER: The a 42nd Constitution Amendment Bill. Minister is on his legs. The Minister There are two amendments to the will reply. Civil Procedure Code and the Crimi­ nal Procedure Code. By virtue of SHRI SHANTI BHUSHAN: The th€fce amendments, the power of the Government's general policy is that court has been taken away and the every person, before any action is power to approach the court &as also taken against him, must have pro­ been taken away. I would like to tection from the court and the gene­ know from the hon. Minister when ral policy to that effect would be he is going to make a report about adopted. The Government is deter­ these amendments and the Mainte­ mined to deal with such economic nance of Internal Security Act and offences like smuggling itself with a by what date these amendments will heavy hand. The exact policy of the be carried out so that the difficulties Government in this regard would be of the litigants may be minimised to suitably formulated very shortly. the maximum extent. PROF. P. G. MAVALANKAR: The Law Minister has given us an assurance SHRI SHANTI BHUSHAN: I have that urgent attention is already being already replied that all the contro­ given to the matter and they are versial Acts which had been passed going to review all the 138 Acts pass­ during the period °f emergency ed during the emergency by the pre­ would be reviewed by the Govern­ vious Government. He knows that ment in order to decide as to what many of us on this side of the House, policy the Government would adopt, during that unfortunate and sad in regard to the change- made by period, had opposed tooth and nail these Acts. The matter referred to not only the more important, obnox­ by the hon. Membdr would also be ious and controversial legislation but suitably considered and the policy of also the apparently non-controversial the Government on that would be legislation. The manner in which formulated. they were brought forward and the manner in which they were hurriedly SHRI K. LAKKAPPA: There are got through by the House was also certain Acts which were passed by opposed by us. the previous Government whicn would bd reviewed by the present I would like to &sk the hon. Government. I would like to ask a Minister, while he is reviewing the specific question from the hon. Minis­ MISA and the 42nd Constitution Act, ter. During the emergency certain whether he will not go into the ques­ Acts were passed to put down certain tion of all the 138 Acts including economic offences like smuggling, what he described as non-contro- hoarding and blackmarketing. I versial legislation, with a view to would like to know what is the atti­ seeing whether they were passed in a tude of the present Government to­ right way or in a hushed-up way. I wards them, as far as these Acts are should also like to know whether the concerned? Government have decided upon any order of priorities with regard to SHRI SHANTI BHUSHAN: The taking up the more obnoxious Acts general policy----- first and get them repealed as soon SHRI K. LAKKAPPA: I am ask­ as possible so that the bad effects of ing a specific question. those Acts are not inflicted on the (Interruptions). people. 27 Oral Answers APRIL 5, 1977 Oral Answers 28

Secondly, I would also like to know gorical assurance. But it would be an whether the hon. Minister has a mind attempt of this Government to bring to keep the laws which are not re­ forward a comprehensive Constitu­ pealed In abeyance so that this Gov­ tion Amendment Bill in the very next ernment at least does not commit a session of this House. sin of implementing those wrong, bad and unjust Acts which the previous Government got through the subser­ Judicial Reforms vient Parliament by having a large number of Opposition leaders In jail *5. SHRI C. K. CHANDRAPPAN: and keeping other Opposition Mem­ Will the Minister of LAW, JUSTICE bers silent and even not allowing the AND COMPANY AFFAIRS be pleas­ voices of the people speaking here to ed to state: go to the masses and the voters of (a) whether Government have al­ this vast country. ready taken steps to implement SHRI SHANTI BHUSHAN; I app­ various proposals of Judicial Reforms reciate the sentiments expressed by which were implied in the 42nd the hon. Member. The need of the Amendment of the Constitution en­ speed in the matter and the speed in acted by the Fifth Lok Sabha; the review cannot be over-emphasiz­ (b) if so? the salient features ed by the Government. It would thereof; and engage itself in this task with the utmost expedition. (c) the main features of the pro­ posals under consideration of Gov­ So far as the other point raised by ernment for full and speedy imple­ the hon. Member is concerned in re­ mentation? gard to laws described as of a non- controversial nature, the present Gov­ THE MINISTER OF LAW, JUS­ ernment also will be in agreement TICE AND COMPANY AFFAIRS with the provisions contained in those (SHRI SHANTI BHUSHAN); (a) to Acts even though a wrong procedure (c). It has been stated in the Presi­ or a hurried procedure, etc. might dent’s Address that during the course have been applied by the previous of the year' comprehensive measure Government. I would like to submit will be brought before Parliament to to the hon. Member that if a right amend the Constitution. The 42nd thing has been done and if the entire Amendment of the Constitution will country, the present Government as be taken into account when working well as the present Opposition are out the proposed measure. In the In agreement with the laws which meantime no steps have been taken have been enacted, then so far as the to Implement the provisions relating aspect of hurry is concerned, that to creation of All India Judicial Ser­ may not be regarded as very im­ vice and treating Administration of portant now. Justice as a concurrent list subject.

ir o : wrHffar% SHRI C. K. CHANDRAPPAN: In the 42nd Constitution Amendment tffatJTTT % 42^ ffVftUJT ^ *PTT^r Act, there are provisions for setting % ^ wtenfr (to 1 up of the tribunals for the expedi­ jf JTf 'JlMHI ff fasj- tious disposal of the cases relating to land reforms and wages of agricul­ ^ srrapr i tural workers and others. I would like to know the attitude of the pre­ sent Government in this regard as to SHRI SHANTI BHUSHAN: I would whether the delay in bringing for­ not be in a position to give a cate­ ward a comprehensive measure will i.Oral Answers CHAITRA 15, 1899 (SAKA) Written Answers 30

not affect the interests of these classes SHRI SOUGATA ROY: The Con- of people. gress Government was of the opinion that ‘justice delayed is justice de­ nied' and because so many cases re­ SHRI SHANTI BHUSHAN: So far lating to land reforms for the benefit as the provisions of the 42nd Consti­ of the Poor landless labourers and tution Amendment Act relating to farmers were J pending in the High the setting up of the tribunals are Court, they took up the idea of form­ concerned and the corresponding ex­ ing Tribunals for Land Reforms, for clusion of the jurisdiction of the High procurement matters and for Labour Courts is concerned, that will also be matters under the 42nd Amendment a matter which will need examina­ Bill. What is the attitude of the pre­ tion when the policy of the Govern­ sent Ministry in regard to the speedy ment in regard to the comprehensive disposal of these cases arid towards Constitution Amendment is finalised. the principle that justice delayed is justice denied? The Minister may SHRI C. K. CHANDRAPPAN: Now, please make his attitude clear. since these are important matters and a large number of cases relating to SHRI SHANTI BHUSHAN; Gov­ land reforms are pending in courts, ernment Is fully conscious and be­ 1 would like to know from the Hon’ble lieves that justice delayed is justice Minister whether he can indicate denied and, therefore, a procedure when they can come forward, ap­ has to be there by which there is proximately, with the Amendment— quick administration of justice and may be in the next session. Can he whereby disputes are settled as quick­ give an assurance that he will be ly as possible. At the same time, coming forward with such an amend­ whether there can be an early dis­ ment? posal of disputes only by Tribunals and not ln any other court which I would also like to know what is an independent court, needs ex­ will be their attitude, when they amination. Therefore, the Govern­ come forward with the Amendment, ment wil] examine 11 aspects of the in regard to the Ninth Schedule in matter before formulating its policy. the Constitution—whether the N’inth Schedule in the Constitution will be abandoned as was proclaimed by the WRITTEN ANSWERS TO present Prime Minister. QUESTIONS

SHRI SHANTI BHUSHAN: As I Fertilizer Plant at Paradip said earl’ier, while it would be Gov­ ernment’s intention and effort to bring *6. SHRI PRADYUMNA BAL: Will that comprehensive Constitutional the Minister of CHEMICALS AND Amendment measure as early as pos­ FERTILIZERS be pleased to state: sible, perhaps in the very next Ses­ sion of the House, I am not in a posi­ (a) whether the proposed Fertiliser tion today to give a categorical assur_ Plant Project at Paradip, Orissa, the ance. foundation of which was laid by the then Prime Minister in 1974, is going So far as the Ninth Schedule of the to be worked out; and Constitution is concerned, that also (b) if so, the progress made in the raises important matters for consi­ direction of execution of the Project? deration and so long as the Govern­ ment's policy has not been formulated THE MINISTER OF PETROLEUM I 'would not be in a position to say AND CHEMICALS AND FERTILI­ anything about it. ZERS (SHRI H. N. BAHUGUNA): 31 Written Answers APRIL 6, 1977 Written Answers 32:

(a) and (b). The Paradeep fertilizer S nftffnPTSSSfe’S’tf 935 3*T (5# project was not so far taken up for implementation due to the resources ffW) •onstraint. The question' of imple­ W * 9 2 5 S r% IT ( 100 menting this project would be consi­ fo ? ft*T *T ) dered when additional fertilizer capa­ city is planned. q>re£feTr ? m srgrf^RT ww it fc?r f >f fffer % T r a m P H sfr wm q^r 7T w urn | 1 [ ^ f w '?3> +K< ai*fl it q f w , HiltHii *fl sfa Z’T TT H;qi CS C' o 1 5TTT W fr^ T pTT %, 3 i T T ^ r | ? ijyifeTTDM 5rra ^fWr ?Kr Prafird' 5TT?t f I TTfTTTJ ?TTO TtTTTT ^#JTTT >0 * ^T?3T 7 9 5 &\ | ^ fTpT WT- *pft (sft ggiTBii) : fR^rrft W f sk i f'TytRd Pt>MI 'jTTcTT ^ I * +‘l^«Ket>f if Jr ttTnfd ^>t ^li’i ffi'irr ^ 1 ^rfrrRr it 5PT>T f^FTT 5TRTT |, frqtt 9ft5T 5TFcT 5t% ^t m9IT | I ¥ :— (a) whether the Fertilizer Plant has been completed at Talcher in Orissa; 1 6 5 0 S % e J T and # f?9nr»T (b) if so, the facts thereof? infrfvppr THE MINISTER OF PETROLEUM fHffc . W t 103 5 5T% ^ AND CHEMICALS AND FERT1LI- Written Answers CHAITRA 15, 1899 (SAKA) Written Answers

ZERS (SHRI H. N. BAHUGUNA): (jfto x m fr ) : (* > )n (a) and (b). The Fertilizer plant at Talcher is still under implementation. ^t, i According to present schedule, one strepm of the fertilizer plant is ex­ (^) aft ^ | pected to be mechanically completed by June, 1977 and commissioned by October, 1977; the second stream is expected to be mechanically complet­ ed by September, 1977 and commis­ *11. :

(^ ) w TT f^TR ^TTfT, *9. SHRI K. GOPAL: Will the Minister of LAW, JUSTICE AND Vte Hi¥l+ tfNfinft, ?TTViy COMPANY AFFAIRS be pleased to vW ftRt ^ w nfftrcr q^rnrf % stat?: (a) whether elections to Tamil Na1u Assembly are proposed to be (*j )

THE MINISTER OF LAW, JUS­ ?wt wtr sw r* TICE AND COMPANY AFFAIRS *fcrt («ft wjnwn) (SHRI SHANTI BHUSHAN): (a) Election to the Tamil Nadu Legisla­ (*) (w) : ^ t o r tt tive Assembly is proposed to be held snmr t^t | far vtemift «rtr as soon as possible. No decision has, wi+ hivH *r%r wnpfr *r however, been taken in the matter. ■hH4 f^ n vflii* ni(V> (b) Does not arise. 5FT *TT 'ds>fl*Kllvl *Ft 3tt(t i w i r f f Wijjff *T, 3ft stfaftre? ^ ^ qr 5?rft5m f w trtt | i * 10. wA'fwqq : WT Production of Fertilisers ^t fi'TT f% t •12. SHRI SUSHIL KUMAR DHA- ( t ) w t wWt nftr % RA: Will the Minister of CHEMICALS vhr erTsft Hfeft AND FERTILIZERS be pleased to % QtfiR mft % state: 5t ^ (a) the quantum of production of (9) ft, ?ft imft *t Fertilizers (all varieties) in the coun­ »rrtft % try, annually; ?r (b) present requirement of the same for land under cultivation; and 175 L S ~ 2 35 W r t t t« A m v.tr, APRIL », 1*77 W rttu . A w m 36

(c) the target of production in the next five years an^ whether any (*) nn jpf % change in production method is con. v r iff, 1 9 7 7 templaied?

THE MINISTER FOR PETROLEUM AND CHEMICALS AND FERTILI­ ZERS (SHRI H. N. BAHUGUNA): (*T) if* fT, eft 7T fW fcrRT SPI ^TT ? (*) :— (Production in lakh tonnes)

Year Nitrogen Phosphate TOT THPH wk 3TO

1975-76 15-35 3*20 ^ n**i 35,000 ^ f^ m - 1976-77 18-90 4* 80 (Provisional) f+MI 5TF ^«M ^ I Potash is not produced in the country.

(b) During 1977-78, the agronomic ( ^ ) 3ft, ^ I requirement is estimated at 31.30 lakh tonnes of nitrogen, 8.71 lakh tonnes of phosphate and 4.10 lakh tonnes of (>t) jnFT^t z z m 1 potash.

(c) Targets of production are fixed 'P Konkan Railway on an annual basis after discussions with the management of various ope­ *14. SHRI BAPUSAHEB PARU- rating units. As such, no firm targets LEKAR; of production have been fixed for the next five year. However, production SHRI ANNASAHEB GOT- by 1981-82 is estimated to be of the KHINDE: order of about 44 lakh tonnes of nitrogen and 10.50 lakh tonnes of Will the Minister of RAILWAYS P205. be pleased to state when do Govern­ ment propose to start the project of In choosing know-how and pro­ Konkan Railway? cesses for fertilizer production, India is keeping abreast with the latest technological developments. New THE MINISTER OF RAILWAYS processes would be adopted for future (PROF. MADHU DANDAVATE): The plants if found technologically and Final Location Survey of Apta-Das- economically suitable to the Indian gaon section of the proposed Apta- conditions. Mangalore line has been completed. The Final Location Survey from Das- gaon to Ratnagiri with spot checks on ^ favnFTT '^TT^T the earlier survey from Ratnagiri to Mangalore is also nearing completion. * 1 3. srarc tnw It will be the Government's endea­ vour to mobilise resources to the ma­ ximum possible extent for construc­ VVT f e ’— tion of new railway lines in back­ ward areas. This matter will be pur­ sued expeditiously with all vigour so (^ ) % srfa for as to enable the taking up of the ^ 3TF ^ j Konkan Railway line. 37 Written Answers CHAITRA 15, 1899 (SAKA) Written Answers 3&

(c) whether some of the High Court and Supreme Court Judges were also superseded;

*1 5 . 'fl 'flW W T • (d) if so, reasons therefor? V I T *T^t «tdi^ fi’TT f% : THE MINISTER OF LAW, JUS­ ( ^ ) SWT *>%*> ?> TICE AND COMPANY AFFAIRS ^ «n and (b). Twenty-one High Court < n r R J r srtr ^wf-inprax Judges were transferred during the «jkiwi wnj-Twrf^nR, *rk period of emergency imposed in June, ?ci<.tTl v1<. T f t 1975. The transfers were effected in accordance with the policy prevail­ • e > ing at that time. There is no provi­ sion in the Constitution for demotion (g ') WT *TPt t HMlai< im r *Pt 'JiicO namely, Shri U. R. Lalit and Shri R- N. Aggarwal who were not re­ appointed on the expiry of their tw# year term as Additional Judges of (*r) *rfe ft, rft w t vfter eft w Bombay and Delhi High Court res­ *0$ qr 3RrTT ^TT ^rrt ?F3T TtT pectively. A statement showing the J ll^l ^<1l£ STTT^ft ? names of the Judges who were trans­ ferred is laid on the Table of the House. ^ »Wt (sto *rj *»w % ) : < *) 5ft ft I

( ^ ) 3ft f t I (c) Only in the Supreme Court m Judge was made Chief Justice when another Judge senior to him wa* (»r) 5TT^T 2f*FFT available, during the period of tto 3SnmT ^T dTPT ir 773% |TT fH ITTW emergency. TT; fa^TT f%iTT SIT^IT I (d) According to the statement issued by the then Law Minister ort 29th January, 1977, the appointment Transfer, Demotion and Supersession of Shri Justice M. H. Beg as Chief « f High Court and Supreme Court Justice of India was in keeping with Judges the declared policy of the Govern­ ment and was no reflection on Shri *16. SHRI KANWAR LAL GUPTA: Justice H. R. Khanna. He Is further Will the Minister of LAW JUSTICE reported to have said that Shri Jus­ AND COMPANY AFFAIRS be pleased tice Khanna would have had a short to state: tenure of only about 5 months if ap­ pointed as C.J.I., whereas Shri Jus­ (a) how many High Court Judges tice Beg would have a longer tenure Were transferred or demoted during of 13 months and that it was the then ihe emergency period; Government’s view that appointment to the high office of the Chief Jus­ (b) their names and reasons for tice of India should not be for a short transfer or demotion; period. 39 Written Answers APRIL 5, 1977 Written Answers 40 List of Chief Justice / Judges Transferred During Emergency

S. Name of the Judge transferred Name of the High Court Date of U No. ------■ —------taking over From To

1 Shri S. Obul Reddy Andhra Pradesh Gujarat 7-7-76 (Chief Justice)

2 Shri B.J. Divan • • • Gujarat Andhra Pradesh 1-7-76 (Chie Justice) 3 Shri D. S. Tewatia • Punjab & Haryana Karnataka 28-6-76 4 Shri 0. Chinnappa Reddy Andhra Pradesh Punjab & Haryana 28-6-76 5 Shri C. Kondiah • Andhra Pradesh Madhya Pradesh 24-6-76 6 Shri D. M. Chandra Shekhar • Karnataka Allahabad 5-7-76 7 Shri J. R. Vimadalal Bombay Andhra Pradesh 24-6-76 8 Shri S. H. Sheth • Gujarat Andhra Pradesh 24-6-76 9 Shri Sadanandaswamy • Karnataka Gauhati 24-6-76 10 Shri S. I. Rangarajan * Delhi Gauhati 22-6-76 11 Shri C. M. Lodha • Rajasthan Madhya Pradesh 28-6-76 12 Shri A. P. Sen Madhya Pradesh Rajasthan 29-6-76 13 Shrj T. U. Mehta • Gujarat Himachal Pradesh 7-7.76 14 Shri D. B. Lai Himachal Pradesh Karnataka 5-7-76 15 Shri A .D. Koshal Punjab & Haryana Madras 5-7-76 16 Shri M. Baha-ud-Din Faroqi • Jammu & Kashmir Allahabad 20-9-76

17 Shri P. Govindan Nair Kerala Madras 3-1-77 (Chief Justice) 18 Shri Rajinder Sachar Sikkim Rajasthan 10-5-76 List ofJudges Transferred as Chief Justices during Emergency

19 Shri S. N. Shankar Delhi Orissa i-n-75

20 Shri M. R. A. Ansari - Delhi Jammu & Kashmir 29-1-76

21 Shri Manmehan Singh Gujral • Punjab & Haryana Sikkim 7-5-76

Itevdopment of Railways in Sunder- Station in West Bengal after the l in , Hasnabad to Sealdah Station in completion of the techno-economic West Bengal survey?

THE MINISTER OF RAILWAYS *17. SHRI ALHAJ M. A. HANNAN: (PROF. MADHU DANDAVATE): Will the Minister of RAILWAYS be Traffic Survey for construction of the pleased to state the development of following rail links in the Sunderban the propo*!d Railways meant for the area of West Bengal has been complet­ Sunderban# Hasnabad to Sealdah ed: 41 WHUen Answers CHAITRA 15, 1899 (SAKA) Written Answerg

Name of the line Length Cost (in kms.) (Rs. in crores)

i

(i) Cai^ing-Golakari • • 20 Electric Traction 2-95

(a) LVconikaitpn r-Kakdwip • 30 Do. 3’ 77

( 3) Hasnabad-Ha tgachha • 29 Steam Traction 5“ 10 (Pratapadityan agar)

(4) Canning-Hatgachha • 30 Do. 4‘ 13 (Pratapadityanagar)

(5) S.marpur-Dhamkhali • 50 Do. 2-73 (6) Budge Budge to Namkhana • • 82 f Steam Traction 643 \ Electric Traction • 10*30

As a result of the survey, the mission. A decision will be taken on proposed new lines indicated at items the scheme while making a review of 1—5 above have not been found to be the 5th Five Year Plan, taking into economically viable in the absence of account the availability of resources. adequate traffic. The estimated capital cost of these new lines (159 kms.) w o u ld be Rs. 18.68 crores excluding rolling stock. Survey Reports have tpftar stN r t Sf Prow indicated that these new lines may prove to be unremunerative. A decision on the construction of these lines will depend upon the availability of resources in consultation with the * 1 9. sft WTCT* : WT Planning Commission. siciI Survey for Emakulam-Alleppey Coastal Railway

*18. DR. HENRY AUSTIN: Will the (^) *FTT ^rfrTT tffrTM if' Minister of RAILWAYS be pleased to wit w Jr state: f[t, ?ft tiwi f^nFft ^ ; (a) whether the survey for the Ernakulam-Alleppey Coastal Railway in K erala has been completed; and (*l) +41 W ^fn^+d ijR'unl (b) if so, when do Government pro­ k tiifontf ^N rfw spt t o pose to start the construction thereof? farr snrfefiT 'K t s w r % | ; srk THE MINISTER OF RAILWAYS (PROF. MADHU DANDAVATE):

fcr»nft (jfto «ro : (*) **ft III % ’tnNrfwf ?TOT S (sr). ^HTT "TH^T T '37^*51 *T fa n *nrr t ? o ffaT I I ^ I V % #W (n) ^ WHnrw vftw W R +1 ( l *t ^ f^RTVT VTTOT fK % sranr stt t| 1 1 ^ | '3FHTTf?T % f**T»T *PT% 5TR^ »ft+ 0 % (*) S^tTT *ftaT TC 31-3-77 v*® * ^ t *rk iT^f^cr srrfenrlf % tiwi ^T M+l< ^rf>mif to slate: srk mlkmiim ?R^f^r ^-^nfcnff (a) whether there has been any if »i I f*H f e n 'Jiim 1 I 'JWfrT tt t (^>) further increase in prices of petrol,, % ^ srt t o i fewft diesel and other lubricating oils »nft |, irr^RT ^ifd^'t *rk recently; and V ^ f^ T 5R-^TT%m % ^TtT^lfTin "FT (b) it so, the facts thereof? s s ’tt ^ jppk «ft: THE MINISTER OF PETROLEUM AND CHEMICALS & FERTILIZERS iT'T O vJllfd 5PT o 3pf- (SHRI H. N. BAHUGUNA): (a) and (0). .Recently, there has been no 'JllfrT increase in the ex-refinery or basic ^ift I 3 6 ceiling selling prices of petrol, diesel £«ftll . oil 23 6 or lubricating oil. * M III . 2910 1016 Production by Fertilizer Factories and IV (*m f *T?ff Requirement of Fertilizers in the 6548 2931 country ^ IV *nnf*r*) 4373 13 1. PROF. SHIBBAN LAL SAKSENA: tftsft *Trff % «Ft^ ?T^f%rT srrf^f-qrjr Will the Minister of CHEMICALS AND «ffr snrsnMf % ^T^Tfeff ^ FERTILIZERS be pleased to slate: flWT ^ fWrRt «ft, 3Tjf forpft (a) the names of the various ferti­ liser factories, Government owned ip^fN^r ^sftr and private owned, all over the coun- 'JtlRl^i aR-^ifrmi try with their annual production in each of the last three years;

II 72 92 164 (b) the names and places of new fertiliser factories under construction «NftlV 93 139 232 with the proposed capacity and the 45 'Written Answers CHAITRA 15, 1899 (SAKA) Written Answers 46

date by which they will go into pro­ lakhs has been allotted .to this project duction; and during the year 1976-77, bringing the revised provision upto Rs. 42.18 lakhs. (c) the total present need of ferti­ liser in the country and the amount of (b) By 1980. fertiliser need met from inside the country and by imports from outside, (c) No. country.wise?

TTIE MINISTER OF PETROLEUM AND CHEMICALS & FERTILIZERS *?R*TPT (SHRI H. N. BAHUGUNA): (a) A statement is laid on the Table of the House. [Placed in Library. See No. 3. t u t r r favrrt : wr fcr LT-49/77]. ^ ^i'TT ^ (b) A statement is laid on the Table of the House. [Placed in Library. See ( t ) No. LT-49/77].

(c) The estimated agronomic require­ •Tilt % ^ HHH fUT WT f>; ment of fertilizers for the year 1977-78 is .'51.30 lakh tonnes of Nitrogen, 8.71 lakh tonnes of Phosphate and 4.10 lakh ( ^ ) WT 12 % 13 tonnes of Potash. As the indigenous qTT>R jTRTT I ; production of nitrogen and phosphate is likely to fall short of the agronomic (>r) r n W r v mrr w t requirement, the gap would have to be % f^TT f t grnft’ met bv imports from different sources. Potash is not produced in the country and is, therefore, entirely imported. ( ? ) m r ^ «Tfsr %■ eflrrr Disclosure of import details for 1977-78 is not considered advisable in the public interest. "qro” t; *rk

Provision for Eletrification of Madras- (?) TOT TOIT Tiruvellore Line f ft, 3*17 TTT f+d'Tl fVrHt arfen IVnn)- 2. SHRI O. V. ALAGESAN: Will : the Minister of RAILWAYS be pleased f^Trpfr srnft f ? to state: (sfto *nj vwnft) : (a) whether the budget provision for electrification of Madras-Triuvel- (^ ) trlHHM ;ft% 5clT^ ^ t :— lore line in the Southern Railway for the year 1976-77 has been increased; T5T^ 2 0 0 -2 4 0 if so, what is the increased provision; 5TORT5TV 225—308 (b) when is the project likely to be 2 6 0 -4 0 0 completed; and 330—560 (c) whether the extension of the project upto Arakonam hag been taken up? T5TT, TOFT T9TV, v n r : 1 o THE MINISTER OF RA^W AYS 1 5 ^©1 20 ^5© 23 W>T W k (PROF. MADHU DANDAVATE): (a) An additional amount of Rs. 42 «rr% % tft ttw 1 1 47 Written Answers APRIL 5, 1977 Written Answers 48

(b) whether Government are ( «) Tear, w *flr snarr aware of the demand for running T9Rf ^ OTft *FT XW tfWW : 8 ‘Vidarbha Express’ on the above ■s c\ route in the same manner as TamiJ f i irmrfkr it, Nadu or Andhra Pradesh Express? ^irr>ilV^» % f^*t THE MINISTER OF RAILWAYS '3'1'p I 3TT (PROF. MADHU DANDAVATE): 'STT^' f | tffPRT jftr (a) Yes. ^rt+dC q*rtSTf ^H^Rt f, ?TcT: (b) Yes. % v z fafe^T *Tft ft% i Conversion of Rupsa-Talband Line (*r) % +*<^rWf into Broad Gauge Line 3ft *f *t vihrrfW f ^ *rtfo ft #f*r- 5. SHRI S. KUNDU: Will the Minis­ frnp ?r«rr w ? ft ancft f i ter of RAILWAYS be pleased to state % ^iNrlwr Tt IT^T ^ if at what stage is the proposal to convert the metre gauge Railway line of Rupsa- i2for^?t#fafoF3f>:4 ft arr ^r^ft Talband in Orissa into broad gauge? * I fapT ^ iP^mT Vt TTaprfSRT ®lc.c<41C > *T*ft f^Mat ^Tlff THE MINISTER OF RAILWAYS (PROF. MADHU DANDAVATE): 1 5 Pw N o > Based on the recommendations of the f t ^TRfr t | ptrT< *ffaT T^r% qT Uneconomic Branch Lines Committee, fnr^if^ l spt 5 fer # «rf.i- a Traffic Survey for conversion of Rupsa-Talband Narrow Gauge section f a . m ™ ^ r t ft ^rRfr | i sfanr into Broad Gauge was carried out in Bjt % *hra-if f%«rfw q f | % ^r 1971. The estimated cost of conversion % wrjT^Tft s m t sre t *£t srrfsj % of Rupsa-Bangriposi line covering a *\ C\ distance of 89 kms. was found to be 1/1 i *rm % ^ft ®

6 SHRI SOUGATA ROY: Will the Fast train from Gondia to Bombay Minister of PETROLEUM be pleased to V.T. state: (a) the results of exploratory dril­ 4. SHRI GEV. M. AVAR'I: Will the ling at Bakultala and Bodra in tlie Minister of RAILWAYS be pleased to South of West Bengal; and state: (b) the progress made so far? (a) whether an y proposals have THE MINISTER OF PETROLEUM been received to run a fast train from AND CHEMICALS & FERTILIZERS Gondia to Bombay V.T.; and' Written Answers CHAITRA 15, 1899 (SAKA) Written Answers 50

(SHiRI H. N. BAHUGUNA): (a) and vi t were, therefore, abandoned. (*) *f w Prices of Insecticides VTW Hf % 5TT*T w r

7. SHRI P. RAJAGOPAL NAIDU: f srfa: fa fw spftt % Will the Minister of CHEMICALS AND % f*T t o t w t | FERTILIZERS be pleased to state: ir tfht if r?T q r (a) whether Government are aware fa*TT ^rTcTT I ; 1hat the prices of insecticides are ’beyond the purchasing capacity of (*§r) % fe n fr mwr small farmers; and TRrnrfNv stpttct strtt

(b) if so, whether, Government ^ sftT 5*1 *w ^11*4 id 5 T T T frziT STTcIT propose to take steps, to reduce their prices? 3TRft | ? THE MINISTER OF PETROLEUM AND CHEMICALS & FERTILIZERS (SHRI H. N. BAHUGUNA): (a) and : (m) (b). At present Government, exercises no control on the prices of pesticides. ^r ^ However, the Bureau of Industrial szftt *ror qr Costs and Prices has been requested v z ntT f a w if f^TT »jtt 1 1 if to make a study on the cost structure ■of major items of pesticides manu­ T^JTTOTI ro€To-5l/77j factured in the country and on the if ^4'<+ *rk possibilities of their cost reduction. Appropriate action as may be neces­ Ml!<■'+)Hi^ I 'drH sary will be taken on receipt of the g f t *rraT Jf fe r r 'jTTcTT | i ^r if fafacr report of the Bureau. fa f W JT^TT % qfr ^3cqr^T

HHld,' CN SfrT CS Electrification of Katwa-Calcutta TT^o TT^o *TE*TCTdT Railway Line if ^41 fad ^ j

8. SHRI DHIRENDRANATH BASU: AVill the Minister of RAILWAYS be rft*T so S' o snrfcr> pleased to state whether electrification *rfwr\ ,’ srtr -of Railway from Katwa to Calcutta ^nrif’T w "115^7 % ihd'+'< *) l\r?> will be taken up during the financial 1(=1 .year 1977-78? ir I 1 ?^T% ^TJTFT HFT fT»=T ST^TT % :— THE MINISTER OF RAILWAYS (PROF. MADHU DANDAVATE) : Calcutta/Howrah to Bandel railway w r srftr jfT ’ zn line has already been electrified. There ^ f w 1650 is no proposal at present to electrify snftf^nr 935 the remaining section between Bandel and Katwa. 1015 51 Written Answers APRIL 5, 1077 Written Answers 52=

t w w * *t r r h ( « ) WT ^T % JfrflM* TT3»T q>N4>fd+ ^4<+ % jj??t ^ ^r stt^t firenft arr rgt £ % fo lf c d ^Tft £ I cTKJlPl ^rafe *r^> ?rf 5rr?Hl % fa * # r > r *TT#,' 1976 ^ ^rnr *pr*hr qft^PTT % 1R5TR ^n^PTT *T#T*T ^4<+f % fe n ^rr | srk ft, ?n ?*t% J lf t w f?m JT?7 frsrflTtf **:Tft t I wi ct>i <.ui ^ sAt fV>i-f^>'i fl^< TT^Rttt»PT *rrc> ( ^T) +41 r ^ HI w/l f ^T ^ST»r fl^STTTf^^r ('SFf^TT) fM t *K *K * STFrT m, % ?HflK fasrffTcT ft ^ T | sprM ft^T 3TR ^F=ft isi'H *ltr | | sf^TJT-n^TJT ftr^t ^TTT^T 5ITpH^ JTft ^ ?ftT aiP<; ft, fft s'i't' ^n =m <.«i ^ ?rtr =rt ^rfeq- i ^ "f li-i ^tt fe n (S') ^VI *rf5J i.rHT ^TPrf^T fftf

% f^rrr fe fc n irii rr ^ m i Icin f+o ijq- ^nw , q-f? q-ft eft ??t% ^n |

% Z* ^T ^TPTT S’fa r ?rk ^ ft, ?rt ?rt ? ;rft*rawraT|i «rnr(^) % if

^TTTT THT 5PTfa ^5r »nft (rfto v& fa 'Tf^ft^TT ft ^>t | i w Fnrv 51TT HitiTP<

?pt ^rrtr fm % #?r ?ra«ft srwraft «pt ?r*ft ^ srf-^nr ^rft fen *nn ^ (WHIR ^ 5ft fll|H ?Tf ^rr jjf»^r | fe s^t

10. *ftsr : WI ^ q^iffjT n'nm «Ft ^rprc inrfsr n q?ft iT£ ^n% Vt FTT fr^rf fip : *T f+^ft ^141 % ^115*1 f^W w ? f%nrr anw i (*;) qi^t'N^fam^TT%strR XHRVR *t ( « ) TT^ PT $ srtt fTT fvnv $ ; % « 1 H % wfer»r ^ 3 Written Answert CHAITRA 15, 1699 (SAKA) Written Antmtrr 54

^ | spi%

W «n*i t i ^ l f V'tMiP'tn 4<3*im fonto ' (ft> * ^TPTT w) («F d f W ff *) ______

k. TrTfTT*T-^Fi0fT ?T (I) KT* . 1-78.76 24. 55 | «fk ^«<>r fwi€f ?T*ft Sfft (II) t f k s m R t tfr srNr irrt 5TT Tft | I

2. fTm^TTT—TT^IT . 190 ^'TH*«r ^ft | tsrtfa ift-^ ?jtcIT*tt5T- g-?«n>r S*lfrT TT I I er>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

^nr>?r apt *ft*t X 3T JjtfRt a*T 5T$ *?T 5TTTH- *T f?T»ifW ^T 5TCcTR, 1972,1973 *ftT sreo ^th ^ ?tt if srfor fa'fa fl^rt i? H€er>i-fofTjf *ft ^ fw *jt fsm% % nf H i ft ^ *rt ktft % x m anftfRt *r fa^TT *nipTT I *rt? w#: ; sftr

Tfon^nrmi *ra«n>r (^) WT fPTC % trfr^-

(»t) w 5nr^T % farr *nft (sfto ) : SffY fo*TT *m I I ^TTPr ?FfoT (^) * ft, % ^R'lT ? S*T ?TT5tT («) 1973 *P 3>TR W?PTT ' % H^em qe fanH wi am vrw ^ th t a f t f l f t S T ¥i iu i ^ w e m »r «rm w 1% q f w m r Ir jtrttw JTft ftnr ?m q-f *ra?n & Ttar *w ?t fftPT fPft : Hnii ^T fW f.V Tt TW ^I'Hlf ptt 1 1 rfmtpri ( * ) w t t o t sfcr wm r * ¥ t Vt ffeiRT T«W ftj *w fcw ? som **ri *e*rc *tram yfaT>fl’ ^ ^ft wtr vr 55 Written Answers APRIL 5, 1977 Written Answers

% 3TC far^r ^ vrf^nr f^ h r fw n vftwr iaWmf % fai? ^TTW I t VT WTOTO

14. ikim,,i fwr vNuhvt ■ Survey report for bringing Amraoti m r A f t f a m *t?ft *n[ ^ ?ft % ’5TTOTJI "FT SFrfR’ | ? (a) what is the stage of the proposal to bring Amraoti on Nagpur-Bombay fl*TT TOTOFT w lT '‘runk line; »MH ip m r ) : ffflTWTT

(b) whether the survey report on % wM ^ > T ^ | I ?TcT: ^T^TTT the proposal has been received; and % f w ?TTTf^T ^7^ STD^T

(c) the action taken/proposed to have it expedited?

*n *T a%5T if 5TfafI THE MINISTER OF RAILWAYS (PROF. MADHU DANDAVATE): *?> W T O (a) to (c). Preliminary Engineering- ci im -Traffic Survey for bringing 15. «ft HRTO*I yw i 5T3WW? : Amraoti on the Nagpur-Bombay Main WT «ldM f^TT line has been included in the Budget lor 1977-78. Further consideration to W T *TO T 3TT5ff it 9ftSRT this project will be given after the y iTTiFn spqifqRT ^ srwrFprr survey is completed and the report "thereof is received and examined from I ? .all angles. rWT THTSR Hi 'V'S'i i): 0 Srquf * * qr 5T%?r Jr 9ft£pmT?n ^ M l m *K+K % fWmJFT ^ I I 13. HKmvi fw r sigreMVT : ;«PTT 5RTT% f^TT Restoration of Old Rail Link between ■ ‘FTT ^ Mi'Tl "fit ♦jc’M Miraj ana Sangli jfYfr ^ fr f^rrr | ? 1G. SHRI ANNASAHEB GOT- SF5TT ^ KHINDE: Will the Minister of RAIL­ WAYS be pleased to state: :*K+K?r (a) whether there is a long-stand­ 14 ^ n i 197 5 %, 35T JJFT tffafa * t ing demand to restore the old rail fartt i) »nfr fimfwr qr link between Miraj and Sangli old ^mufrcT ^ ?nfr ^ szrwerr ^tpt i railway station, on South Central Railway, that was dismantled con­ sequent upon the broad gauge con­ q?t 3TT 1 1 version; and 57 Written Answers CHAITRA 15, 1899 (SAKA) Written Answers 58

(b) if go, the reaction of Govern­ (a) whether any proposal for im­ ment thereto? provement and streamlining of the workshop at Arakonam on Southern THE MINISTER OF RAILWAYS Railway has been taken up; and (PROF* MADHU DANDAVATE): (a) Yes. (b) if so, the main features there­ (b) While converting the Pbona- of? Miraj Metre Gauge line into broad gauge, a new alignment was adopted THE MINISTER OF RAILWAYS to bring the main Sangli town on the (PROF. MADHU DANDAVATE): (a) No. main line and a new broad gauge station has been built for the purpose. (b) Does not arise. The new location ior a broad gauge station was also inescapable due to the area in and around the existing Payment of Bonus to Railway metre gauge alignment and Sangli Employees station being heavily built up. The decision to re-align the line between 19. SHRI VASANT SATHE: Miraj and Sangli and the new location SHRI K. (RAMAMURTHY: of the Sangli station were approved by the Maharashtra State Government. Will the Minister of RAILWAYS be It is, therefore, not possible to accept pleased to state: the demand at this stage. (a) whether the question of pay­ ment of bonus to the Railway em­ Conversion of Miraj-L*tur Line into ployees is under consideration of Broad Gauge Line Government; and (b) if not, whether Government 17. SHRI ANNASAHEB GOT- propose to consider it during 1977-78? KHINDE; Will the Minister of RAIL- WAYS be pleased to state the latest THE MINISTER OF RAILWAYS position regarding the conversion of (PROF. MADHU DANDAVATE): Miraj-Latur narrow gauge line on (a) and (b). As far as bonus issue is South Central Railway into Broad concerned, as stated by me in, this gauge? House on 29th March, 1977, this issue has been complicated by the former THE MINISTER OF RAILWAYS Government. Since that has intro­ (PROF. MADHU DANDAVATE): duced a new Bonus Policy for the Preliminary Engineering-cum-Traffic country, we will have to re-examine surveys for the conversion of Miraj- the entire issue in depth, before we Kurduvadi-Latur Narrow Gauge sec­ take any concrete steps. tions to Broad Gauge, and construction of a new Broad Gauge line from Latur to Latur Road have been carried out. R lfflng in Lok Sabha flection in The Survey Reports have been West Bengal examined and it is found that the project is very unremunerative. The 20. SHRI JYOTIRMOY BOSU: Wilt availability of resources do not permit the Minister of LAW, JUSTICE AND this work to be taken up now. COMPANY AFFAIRS be pleased to state: Improvement of Workshop at Arako- nam (Southern Railway) (a) whether it has been alleged by the CPI(M) Leftist Front, Janata 18. SHRI O. V. ALAGESAN: Will Party and the Congress for Demo­ the Minister of RAILWAYS be pleased cracy that the Congress Party in to state: West Bengal restored to large-scale ■ Written Answers APRIL 3, 1977 Written Answers 60 rigging in certain constituencies in THE MINISTER OF LAW, JUSTICE connection with the last Lok Sabha AND COMPANY AFFAIRS (SHRI poll; and SHANTI BHUSHAN): (a) Yes, Sir. /; (b) if so, the facts thereof and (b) The Election Commission had action proposed to be taken thereon? received reports from the Returning Officers of 8 Parliamentary Consti­ THE MINISTER OF LAW, JUSTICE tuencies in West Bengal that the poll AND COMPANY AFFAIRS (SHRI in 30 polling stations had been vitiated SHANTI BHUSHAN): (a) A telegram by violence and accordingly as provid­ ‘was received by the Election Com­ ed in section 58(2)(a) of the Repre­ mission on 18th March, 1977 from sentation of the People Act, 1951, the S/Shri Prafulla Chandra Sen, Jyoti Election Commission declared the poll Basu, Bijoy Singh Nahar, Makhan at those polling stations to be void and Paul and Ashok Ghosh alleging directed a fresh poll to be taken in massive rigging in several Parlia­ five polling stations on the 19th March, mentary Constituencies in West Bengal 1977 and in the remaining polling in the recent general election to the stations on the 20th March, 1977 Lok Sabha, and demanding re-poll. P r ov i sio n of Funds for Tirunelvett- (b) The Election Commission had Kanyakumari Broad Gauge Line received reports from the Returning Officers of 8 Parliamentary Consti­ 22. SHRI M. KALYANASUNDARAM: tuencies in West Bengal that the poll Will the Minister of RAILWAYS be in 30 polling stations had been vitiated pleased to state: by violence and accordingly as provided in section 58(2)(a) of the (a) the broad features of proposals Representation of the People Act, 1951, received from the General Manager the Commission declared the poll at Construction, Bangalore for provision these polling stations to be void and of funds for the construction of directed a fresh poll to be taken in Tirunelveli-Kanyakumari broad gauge five polling stations on the 19th March, line for the year 1976-77; and 1977 and in the remaining polling stations on the 20th March, 1977, (b) the amount sanctioned?

THE MINISTER OF RAILWAYS Rigging in Barrackpore, Katwa, Dum (PROF. MADHU DANDAVATE). Dum and other Constituencies (a) The Southern (Railway proposed c minimum allotment of Rs. 3 crores for *this project for 1976-77 for meeting 21. SHRI JYOTIRMOY BOSU: Will the commitments made in the previous the Minister of LAW, JUSTICE AND years. COMPANY AFFAIRS be pleased to (b) Rs. 3.35 crores have been finally state: allotted in 1976-77. (a) whether his attention has been drawn to the news published in Victimisation of Employees during leading newspapers in West Bengal Emergency Period on rigging in Barrackpore, Katwa, Dum Dum and other constituencies 23. SHRI SAMAR GUHA: Will the resorted to by the ruling party in Minister of CHEMICALS AND FERTI­ West Bengal in the last Lok Sabha LIZERS be pleased to state: ^ poll; and (a) the number of employees be­ (b) if so, Government’s reaction longing to his Ministry who have thereto? been (i) dismissed (ii) pre-maturely 6 i Written Answers CHAITRA 15, 1B99 (SAKA) Written Answers 62

retired and (iii) punished by Gov­ Proposal to invite Legal Opinion m ernment during the period of Inter­ Laws adopted during Emergency nal Emergency; 25. SHRI SAMAR GUHA: Will the * (b) State-wise break-up of such Minister of LAW, JUSTICE AND ifigures; and COMPANY AFFAIRS be pleased to ic) whether Government propose state : to set up an appropriate body to re­ (a) whether Government propose examine the cases of such victimised to invite the legal opinion of Supreme Central Government employees? Court and High Court Bar Associa­ THE MINISTER OF PETROLEUM tions on the merits of the laws AND CHEMICALS AND FERTILIZERS adopted by the Parliament during the (SHRI H. N. BAHUGUNA): (a) ‘NIL’ period of Emergency; and in respect of Ministry of Chemicals Ob) if so, the steps likely to be taken and Fertilizers. by Government? (b) and (c). Do not arise. THE MINISTER OF LAW, JUSTICE AND COMPANY AFFAIRS (SHRI SHANTI BHUSHAN): (a) No, Sir. Employees dismissed, retired and punished during Emergency (b) Does not arise.

24. SHRI SAMAR GUHA: Will the Fresh look on Demands of Trade Minister of PETROLEUM AND CHE­ Unions of Railwaymen MICALS & FERTILIZERS be pleased to state: 26. SHRI C. K. CHANDRAPPAN: SHRI R. K. MHALGI: (a) the number of employees be­ Will the Minister of RAILWAYS be longing to his Ministry (i) dismissed; pleased to state: (ii) pre-maturely retired; and (iii) (a) whether there is any proposal punished during the period of Internal under consideration to have a fresh Emergency; look on the demands made by the (b) State-wise break-up of such trade unions of the railwaymen figures; and during the all India strike in 1974; and (c) whether Government will set aip an appropriate body to re-examine (b) if so, the salient features tthe cases of such victimised officials? thereof? THE MINISTEjR OF PETROLEUM THE MINISTER OF RAILWAYS AND CHEMICALS AND FERTILIZERS (PROF. MADHU DANDAVATE): .(SHRI H. N. BAHUGUNA): (a) (i) Nil. (a) and (b). The policy of the Govern­ (ii) 3. ment is to consider all genuine demands that Recognized Federations put (iii) Nil. forward and examine them in depth in (b) This Ministry has no Branch the context of the resources available. Offices at places other than Delhi. The information is, therefore, nil. Oil Exploration in Kerala Coast

(c) The officials referred to in part 27. SHRI C. K. CHANDRAPPAN: (a) of the question have been retired Will the Minister of PETROLEUM be under the normal rules of review for pleased to state: retention in service after the age of 50/55 years. As such the question of (a) whether the Central Govern­ re-examining their cases does not arise. ment have received any proposal from «3 Written Answers APRIL 5, 1977 Written Answers 64 the Government of Kerala for taking *m nr tk f^nrW up oil exploration in Kerala Coast; rif^rrq- fas *ft *r% ^K irf ,• (b) if so, the main features of the ^nrnr^TTt ^Y*ft i sitr: 'rfr^ft^RT proposal; and 37T f^ T *RT I ^rf^T (c) what decision has been taken by the Central Government thereon? 1973 ^t fcr tl ft ^TSST ?TPP?T % VT9R TT ft Tt^T ^ ^ ^T THE MINISTER OF PETROLEUM ?n=sft % f^W % fn=r ft ft AND CHEMICALS AND FERTILIZERS (SHRI H. N. BAHUGUNA): (a) Yes, 'T'T r'c^rNvT i ^ftt | i fart? ^ft Sir. sjft^TT ?tk ^riam (b) The request of the Government ^ ^T^ST^T ^Tt ^fejTcT 7^3% f r o f Kerala is for exploration off the STFcTT=r tt f^oPT fw r smrjrr I Kerala coast in order to determine the oil prospects there. (c) The surveys conducted so far in Drilling of Oil in Cauvery Basin the Continental Shelf off the Kerala coast have not indicated good sedi­ SHiRI K. GOPAL; Will the Minister mentary deposits except towards the of PETROLEUM be pleased to state: deeper portions of the Shelf. The (a) whether drilling of oil is going ONGC has plans to conduct further on in Cauvery Basin; and seismic surveys in this area. (b) if so, the results achieved so m m ft y ? faarfjr far?

fcnrffoft t o * Vi THE MINISTER OF PETROLEUM AND CHEMICALS AND FERTILIZERS 28. W ’TT SflT* STTfSft : WT (SHRI H. N. BAHUGUNA): (a) and t o *5ft JJf 3

Jf ?rf (sr) qfc ft, rft w ^rs/T % fft*rW * t ^i?i sr* * 17**1 f w *nft ^rnrr 30. ^ wftanTQTO nlM<* : I ? ©fir TTR H7*TST :

«ftt ^ frqr ^.vrr t o *r*t (sft» : (^?) f% : (m ) • ffa l % TT^t % aftflO

(v^t-fflmrhft tt tr^ ) 9TT * f^T% % farr 5R> i'll*91 Hl^'T ftrflft STtfTTt SI ^fT ^ STF^T |TT SRcTT^ft

%r ^HRTT, % f^TTT 19 7 3 if ^ HTCTHM f w w « n i ot farts ( *sT ) \dH RT *tMI °M^l % ?TT^T ft SrTTT ZTRTBTRT ^ 1 ? 65 Written Answers CHAITRA 15, 1899 (SAKA) Written Answers 66

(sfto : (-a) Abrogation of the Constitution (42nd Amendment) Act IT^T f^TTJT *TOT VZ* TT

7wt irRTT I i[^?arTHtr 3 t ^ t nm 32. SHRI BASHIR AHMAD: tiw t 3Y-52/77] SHRI HUKMDEO NARAIN YADAV:

vmrf^r tw w Ews Will the Minister of LAW, JUSTICE AND COMPANY AFFAIRS be pleased to state:

31* «ft ?T*m faff : ^TT (a) what steps Government propose T^TRTT ^ ^rTT^T ^ f^TT to take to make ineffective or abrogate the Constitution (42 nd Amendment) ^ fe : Act and restore the fundamental rights guaranteed to the citizens under the (^ ) ^TT TOTT WTlfdcT Constitution and to restore the Inde­ pendence of Judiciary; and ^ 7rm#mr stpt |; sfk

(b) whether Government propose to (<§r) at f¥cr% appoint a Committee to review the *rmf ?f mrfM froffcr nppoinlment of committee Judges? ^ PlH

W t % TOT ^ | ? THE MINISTER OF LAW, JUSTICE q ^ = m fl*TT T^TRR a t* OTTV AND COMPANY AFFAIRS (SHRI SHANTI BHUSHAN): (a) Government * $ * m ) : (^ ) will place before Parliament a com­ I ^RTlfdd ^T®F % ^ prehensive Bill to amend appropriately ^H^nTT 3FT fN rtW T «F^T*TT^T T T tho Constitution of India.

f^R^rr f w ^ttctt | i ftrcterw % (b) No, Sir.

r^ci ft dh't*i f^r^t|°i ♦uinw gr fSsnr f+m ^Icil ^ I c^\ rTr % : ^ R t if ^r i s ir^ n ff ^ft 6

^ ^ ^n f t OTfecT eft *TTWt

?rft mT^\*i w fen stftt | I «RT I ? 67 Written Answers APRIL 5, 1977 Written Answer $ 68

(sftoqigtiv^) : (*). (a) whether Government propose to reconsider the question of transfer of ^ % * U i » i , h k w * i|j < High Court Judges who were trans­ *£*PT (^ T tH ^T%) % ferred during the period of Internal Emergency; and »PTT T T 5TT5 ^ *TOT * f t r ;K f t V v t r * p p t *t 287 *ftsr *ftar (b) if so, broad features thereof? ^T$*T rT^> «lY Tta>-*TT*T % qnt^T *JWT «RW T shortly. *ftr % ? it t t *rVr ?rnt fawi4i

% ^.<1^ H i V I « m *J I TT^T ti v t >i <, ^ ^T% fat* SPT*PT 365 ^TCT q^> VTTVT^ WK 'JHfil ift^RT «(>il«fl ^ StVt ?R>*faf>V ^TT^T % fatr jhtt jtti f^nnr * > #5TT TOT t , fs R p ft STcftSTT ^ W 35. «ft ?m m fwr 5th^wt : I I *idl

S77FR, « r f^ T W T (TT^T TT3T- (^ ) «*(<< VTTTrT Jr fer^T vjq <.«ti *rtf) ? m uTTxrhr ( ^ r 7157 +K «I^ |. iTlf^+1 % •TTR M'l^H), % HPT f*H+«. WTRX-^TTWT •wi CTRcTT f%rRt ^ ^*T t^ rFTTT ^ I *ft'»HT ^t ?TOT *TrT rft»T % f tT . y

SPfft TI^T tl<.+i< ®Ft ^ )$ fd f*HHi «TTC>t f+dnr ^ i« h f wt | ; ?fR 1 1 ferfa *Ft irnft^TT **t gt* tf*t

^RTTT % H ^ ty f%m ^FTT ^ f% ^ ^T (^r) w t ir imr q’h: ^tpt ^»t sftsr ^ v tr vi«n*fl 5TRTOWT '[ft % f^TTT ^TRPT %

(Sf) TT^T t i w K <^«tKl «i*ii*n *Rft (n ) irf? Hft, rft IT5 «F*ft j f t Href^re jf^jRT ^r ^ f^nt-fvrnt w r I ? 13,200 'TjJ Sr *T^?3T i* vil sftr « q d < ,ui *T ^

Transfer of High Court Judges («r) (>t). Jr 34. SHRI BAPUSAHEB PARULE- *rm v t KAR: Will the Minister of LAW,

Damage to Coconut cultivation due to prepared a long-term scheme for the pollution prevention of water pollution on a permanent basis. The scheme which 36. OR. HENRY AUSTIN: Will the is estimated to cost about Rs. 125 lakhs Minister of CHEMICALS AND FERTI­ is under the consideration of the LIZERS be pleased to state: Kerala State Board for Prevention and Control of Water Pollution. (a) whether Government are aware of the wide-spread damage to Coco­ nut cultivation in Vypeen Islands in general and Kadamakudi Panchayat in particular consequent on the pollu­ Sf w h vt jiw w tion by poisonous smoke coming of the Fertilizer and Chemicals Ltd. in 37. IHRTfl : WT Udyog Mandal, Ernakulam Dist. 3RTT% f^TT : Kerala and the destruction to the ma­ rine and back water wealth arising (^ ) 3FTT ^ffvR ) (SHRI H N. BAHUGUNA): (a) and (b). According to available informa­ ^ft ft i tion, no complaints have been received from Vypeen Islands in general and (g’) w m I % ZJf Kadamakudi Panchayat in particular about damage to coconut plantation as a result of any fumes from the Udyogamandal unit of FACT. No representations have been received from any of the local bodies or VftfTT a * wft t o institutions regarding damage to HTfR marine or backwater wealth due to letting out of the effluents into the Periyar river. In the past there were 3S. sftiffTTO : *Jf some individual representations re­ $>MT 't^ l f^F I garding decay in marine life due to effluents. There were also some oral (^ ) w t *#r representations by the local Panchayat before the Estimate Committee of the % f ^ f t Kerala legislature in general about the atmospheric and water pollution from the chemical factories in the Udyoga­ ( ’j ) w t fe^torrcrriT t o % mandal area. w f t men % 2k R snfrft ir irfr The company is presently discharg­ t o <11 vi ^ ing effluents into the river, with the mfefr % 5TFTT 3THT

0 *f\ % area of the Maharashtra State, during the current Five Year Plan or in the cT^fT *iw*\\ ? next Plan?

h r w ft (sft°) :(<*>). THE MINISTER OF RAILWAYS %?K ^fxTT ^ H ST sfHH^IM % (PROF. MADHU DANDAVATE): It is presumed that the reference is tr z ^ <4+ 1 ^ ^fV « h + q^ r to Khandwa-Rurna metre gauge rail­ % ft ’Tfap? I I jrf? ^rWt-SFfi^K ?TT^T way line. Construction of a portion of Tt stptpt Jt fe n ^tpt, rft ^rt this line from Khandwa to Hingoli passing through Vidarbha region was ^r |> srmt i completed in 1961. There is no pro­ gramme for gauge conversion of this (sr) 3ft ft I line at present.

(tt) ^Tt-^fefIT w s ift2T proposal to run fast trains on metre STRFT % 3"f STFTFT ^T «K?H % Pi” gauge lines in Vidharbha Region STTTfwfT^ HTdFTTd 5R fa*t TO | I 5RT1TFT Mffcfa ^t fff 41. SHRI GEV. M. AVARI: Will the Minister of RAILWAYS be pleased to jfT^RT ^T *m *i 9H? WR7T % x*H *TT f^RTC N9 state whether Government are con­

Rail connection between Salem and Trichy Proposals for double lines and halt stations in West Bengal 39. SHRI P. KAN NAN: Will the Minister of RAILWAYS be pleased to 42. SHRI SOUGATA ROY: Will the stale: Minister of RAILWAYS be pleased to state: (a) whether there is any proposal to connect Salem with Trichy by rail; (a) the number of proposals for (i) and double lines (ii) halt stations under consideration by Government in West (b) if so, when will it start work­ Bengal for the last one year; and ing? Ob) which ones have been sanction­ THE MINISTER OF RAILWAYS ed? (PROF. MADHU DANDAVATE): (a) and (b). These places are already THB MINISTER OF RAILWAYS connected by rail via Erode and Karur. (PROF. MADHU DANDAVATE): (a) There is, however, no proposal to (i) 2. provide a new direct link. (ii) 16. Conversion of metre gauge lines into (b) Of the above, the following five broad gauge in Vidarbha Region halt stations on the Eastern Railway have been sanctioned: — 40. SHRI GEV. M. AVAjRI: Will the Minister of RAILWAYS be pleased to 1. Harish Nagar.—between Banpur state Wie programme of conversion of and Gede. metre gauge railway line into broad 2. Satberia—between Bongaon &nc( gauge 1 ^ilway line in the Vidarbha Gopal Nagar. Written Answers CHAITRA 15, 1809 (SAKA) Written Answers 74

3. Madartalla—'between Sonarpur Double railway line between Bonfaon Junction and Kalikapur. and Calcutta 4. Bhapla—between Champapukur 44. SHRI DHIRENDRANATH BASU: and Bashirhat. i Will the Minister of RAILWAYS be 5. Lake Garden—between Bally- pleased to state whether the work on gunj and Kalighat. double line between Bongaon and Cal­ cutta will be taken up during the finan­ cial year 1977-78? Production of molasses THE MINISTER OF RAILWAYS (PROF. MADHU DANDAVATE): The 43. SHRI P. HAJAGOPAL NAIDU: resources position does not allow this Will the Minister of CHEMICALS AND work to be taken up in 1977-78. FERTILIZER’S be pleased to state: New railway lines sanctioned for (a) whether rates of molasses pro­ Andhra Pradesh duced by the sugar factories are con­ trolled; and 45. SHRI P. RAJAGOPAL NAIDU: Will the Minister of RAILWAYS be (b) if so, price of molasses fixed in pleased to state; different States? (a) the new railway lineg recom­ mended by the Government of An­ THE MINISTER OF PETROLEUM dhra Pradesh to be taken up by the AND CHEMICALS AND FERTILIZERS Central Government; (SHRI Hr N. BAHUGUNA): (a) Yes Sir. The Central Government exercises (b) the lines sanctioned out of them control on the prices of molasses under this year; and the Central Molasses Control Order, 1961 as amended from time to time. (c) when the sanctioned lines will This Order is applicable to all the be taken up? States other than U.P., Punjab, Har­ THE MINISTER OF RAILWAYS yana, Bihar, Maharashtra and West (PROF. MADHU DANDAVATE): Bengal which have fixed the prices of (a) The following Railway lines have molasses under their own Molasses been proposed by the Andhra Pradesh Contral Acts. State Government: —

(b) The current price of Grude 1 (i) Nadikude-Bibiimgar Broad sugar factory molasses in all the States Gauge line.—150 km s. except Punjab, Haryana and West Ben­ (ii) Ramagundam • — Nizamabad gal is fixed at Rs. 6 per 100 kilograms. Broad Gauge line— 160 kms.

The prices in the States of Punjab, (b) Construction of Nadikude-Bibi- Haryana and West Bengal arc as nagar new line is an approved work. follow s:^ Survey for the line from Ramagundam to Nizamabad has also been approved.

(Price Rs. per ioo kilograms) (c) Construction of the Bibinagar- pu ijj1*) Hiryana West Bengal Nalgonda section (74 kms.) of Nadi- For For kude-Bibinagar line has been t;*ken up Distilleries Industries in the first phase. Survey ior Rama- I.oo 3-oo 6.oo 2.6g gundam-Nizamabad line is in hand and its construction will be considere.i aflcr completion of the survey. 75 Written Answers APRIL 5, 1977 Written Answers

Exploration for petroleum and gas farfa, w k resources in Godavari Basin

46. SHRI P. RAJAGOPAL NAIDU : % *TTTff % fo r c if aft Will the Minister of PETROLEUM be 1947-48 If fa?*!! Tfw* pleased to state: % T$t, ^ ^ % sra'sr (a) whether exploration for petro­ leum resources and natural gas is be­ if ^ g^FTT ^ I I fafwrm ing done in Godavari basin or on the % «rf w ? r % ^fwfsr?r East Coast in Andhra Pradesh; and ^ t s p n f a * g < t (b) if so, the result thereof? 1969 it ?ftfcT tfftrftr ®Ft it srcnfo/?r THE MINISTER OF PETROLEUM fvfiz AND CHEMICALS AND FERTILIZERS «ft I if stt? ir (SHRI H. N. BAHUGUNA): (a) and ?Tp % qf^^PT p i ^ ^ (b ); As a result of seismic surveys conducted during the previous two field ^ eref ^ fB> srk ?rfsR? 5FT#fTt seasons, a location near Narsapur has m v i | fjRTt src*ra qr been released for drilling. Preparatory *7 % fsrf^TT TfTW R *pV fr*T5TT ^TTcTr work has been taken in hand to start drilling at this site. I I ^PTf^nft JTccT 'TfW'TfrrifT sir ip r £ ^fsfsr tt^w 1974 ^ $ ^ rt Production of Synthetic Rubber ^TrcT 3W H I 3ft I f f 33ft ^t SfcTfafiKT ^Tcft *T£t 3TT 47. SHRI P. RAJAGOPAL NAIDU : H^Rft | 1 jrsfacr Will the Minister of PETROLEUM he pleased to state : W ,T m § 9 T tftflTT 'T J W ’T T (a) whether synthetic rubber i9 T W t I I produced in our country; and [ear it a t ^ 5RTT f f .T T WTTTT f a : 1976-77 was 22, 934 tons. (if?) qt^€f

cftTPT TR?*TFT if t? T W?*! fWlHT qfr*TT 5TTT 35Tft-^r ^TPt fspTTT | Srk * F f t ^ f t

( g ) iflTT Tfr^T Tvf# a; ^t?T 48. m n : ^TT fatftaR ir f^far sto f n f t fwfa, % ^rt «sr?^f n ijf 3;«rft- qft FIT fa fa^TT TfT^TT STTT t fn'gfoM if 1947-4 8 sfa 1 9 7 5 -7 6 % f^Trfhr if f w f t

t o (wt* ^ ^ ) : («) »rfc ft, ?rt Jrcm* vt ( * ) W t f *** ^»pf * f e n * rfrn ?

^ # (Jft« ^ Wlit ) : 5r, tnmr w t 15 1 % (V ) 3ft ?T$r I if, ( * ) s m ^ to5tt i (ii) Tft^H 'TC 3f*T5T

^ X icl S papers that are being laid on the Table cannot be given in advance. Most of qfy^T ^rt * stYst *fT*r ir f p f a them are Notifications and these Noti­ *ftr fast if irfa-FT wnrf fications are placed in the Library: % STTt I f?R% they are not sent to all the Members. If you want, you can refer to them in e*T3r?«rr srtjt ^ *pt*it the Library. tot ^ *t f r ttsit t o t t * « t* t N otifications under B u rm ah S hell ?«lpf^T STTftr^Tor 5RT JT*ftf3T5T (A cq u isitio n of U ndertakings in I ndia) A ct, Essential C o m m o d ities f^ rr *ptt | i A ct, O il and Natural G as C o m m is ­ sio n A ct, etc. (n ) sr*r 5ffr i THE MINISTER OF CHEMICALS AND FERTILIZERS (SHRI H. N. famt iflr irw fr % tffcr *M BAHUGUNA): I beg to . lay on the ^TTrA *WI% Vf HWIW Table—

50. *ft PlWI W*JT : f*TT (1) A copy of the Burmah Shell (Acquisition of Undertakings in ^cTT* f'TT ^ fa : India) (Administration of Fund) Rulesi 1976 (Hindi and English ver­ (^>) WT ar?5T|T sions) published in Notification No. G.S.R*. 945 (E) in Gazette of India % flnr tfttft ^ n n ft ^ t dated the 24th December, 1976 under ^ sr^TR T O R % fsRTTTt^T $ ; sub-section 02) of section 20 of the Burmah Shell (Acquisition of Under. 79 Papers Laid APRIL 5, 1977 Papers Laid 80

takings in India) Act, 1976. [Placed (6) (i) Review (Hindi and English th Library. See No. LT-55/77]. versions) by the Government on the working of the Engineers India (2) A copy of Notification • No. Limited, New Delhi, for the year G.S.R. 94 (E) (Hindi and English 1975-76. v^rsionfe) published in Gazette of India dated the 28th February, 1977, under sub-section (6) of section 3 of (ii) Annual Report (Hindi and the Essehtial Commodities Adt, 1955. English versions) of the Engineers [Placed in Library. See No. LT- India Limited, New Delhi, for the 56/77]. year 1975-76 along with the Audited Accounts and the comments of the (3) A copy of the Oil and Natural Comptroller and Auditor General Gas Commission (Amendment) Rules, thereon. [Placed in Library. See 1976 (Hindi and English versions) No. LT-60$77]. published in Notification No. G.S.R. 46 in Gazette of India dated the 8th January, 1977—under sub-section (3) (7) (i) Review (Hindi version) by of section 31 of the Oil and Natural the Government on the working of Gas Commission Act, 1959. IPlaced the Hindustan Petroleum Corpora­ in Library. See No. LT-57/77]. tion Limited, Bombay, for the year 1975. (4) A copy each of the follcwing papers under sub-section (1) of sec­ tion 619A of the Companies Act, (ii) Annual Report (Hindi version) 1956:.— oi the Hindustan Petroleum Cor­ (i) Review (Hindi and English poration Limited, Bombay, for the versions) by the Government on year 1975 along with the Audited the working of the Indian Gil Cor­ Accounts and the comments of the poration Limited, Bombay, for the Comptroller and Auditor General year 1975-76. thereon.

(ii) Annual Report (Hindi and English versions) of the Indian Oil (8) A statement showing reasons Corporation Limited, Mombay, for ior delay in laying the papers men­ the year 1975-76 along with the tioned at item No. (7) above. [Placed Audited Accounts and the com­ in Library. See No. LT-61/77J. ments of the Comptroller and Auditor General thereon. (9 (i) A copy of the Annual Re­ port together with the Audited Ac­ [Placed in Library. See No. LT- counts (Hindi and English versions) 58/7.] of the Oil Industry Development (5) (i) Review (Hindi and English Board, New Delhi, for the year versions) by the Government on tbe 1975-76, under sub-section (4) of working of the Madras Refineries section 20 of the Oil Industry De­ Limited, Manali, Madras, for the velopment Act, 1974 read with rule year ending 30th June, 1976. 29(2) (e) of the Oil Industry De­ velopment Rules, 1975. (ii) Annual Report (Hindi and English versions) of the Madras Re (ii) A copy of the Review (Hindi fineries Limited, Manali, Madras, for and English versions) by the Gov­ the year ending the 30th June, 1976 ernment on the above Report along with the Audited Accounts rind the comments of the Comptroller and Auditor General thereon, [Placed ir | Placed in Library. See No. LT-63/ Library. See No. LT-59/771. 77]. 8i Papers Laid CHAITRA 15, 1899 (SAKA) Papers Laid 82

M adras C it y M u n ic ip a l C orporation Notification No. G.O.Ms. 379 in (S econd A m e n d m e n t) A ct, N o tifica­ Tamil Nadu Government Gazette tion under T a m il N adu D ist r ic t dated the 24th March, 1976. , M unicipalities A ct, etc. (ii) The Rules relating to the ad­ 'THE MINISTER OF WORKS AND judication of disputes on elections of HOUSING AND SUPPLY AND RE^ Councillors, Mayor or Deputy Mayor HABILITATION (SHRI SIKANDER of Madurai City Municipal Corpora­ BAKHT): I beg to lay on the Table:-- tion, published in Notification No. ( 1) A copy of the Madras City G.O. Ms. 1730 in Tamil Nadu Gov­ Municipal Corporation (Second ernment Gazette dated the 15th Sep­ Amendment) Act, 1976 (President’s tember, 1976. Act No. 42 of 1976) (Hindi and (5) Two statements (Hindi and English versions) published in English versions) explaining reasons Gazette of India dated the 29th for not laying the Hindi version of November, 1976 under sub-section notifications mentioned at (4) above. (3) of section 3 of the 'Tamil Nadu State Legislature (Delegation o_f LPlaced in Library. See No LT- Powers) Act, 1976. [Placed in 65/77]. Library. See No. LT-64/77J. N otifications under C o m p a n ie s A ct, (2) A copy each of the following Notifications under section 304 of the M on opolies and R estrictive T rade Tamil Nadu District Municipalities P ractices A ct, D isputed E lectio ns Act, 1920 read with clause (c) (iv) (P r im e M in iste r and S pkaker) of the Proclamation dated the 31st O rdinance, etc. January, 1976, issued by the Piesi- THE MINISTER OF LAW, JUSTICE dent in relation to the State of Tamil AND COMPANY AFFAIRS (SHRI Nadu:—• SHANTI BHUSHAN): I beg to lay (i) G.O. Ms. No. 1117 published in on the Table: — Tamil Nadu Government Gazette (1) A copy each of the following dated the 30th June, 1976. Notifications (Hindi and English ver­ (ii) G.O. Ms. No. 1731 published sions) under sub-section (3) of sec­ in Tamil Nadu Government Gazette tion 642 of the Companies Act, dated the 15th September, 1976. 1956:-— (iii) G.O. Ms. No. 2194 published (i) The Trustees (Declaration in Tamil Nadu Government Gazette of Holdings of Shares and dated the 17th November, 1976. Deben t ur es) (Amendment) (3) Three statements (Hindi and Rules, 1976 published in English versions) explaining reasons Notification No. G.S.R. 37 for not laying the Hindi versions of Gazette of India dated the the notifications mentioned at (2) 1st January, 1977. above. (ii) The Companies (Secretary's (4) A copy each! of the following Qualifications) Amendment Notifications under section 432 of the Rules, 1977 published in Madurai City Municipal Corporation Notification No. G.S.R. 185 Act, 1971 read with clause (c) (iv) in Gazette of India dated of the Proclamation dated the 31st the 5th February, 1977. January, 1976 issued by the President in relation to the State of Tamil [ Placed in Library. See No. LT- Nadu:— 66/77]. (i) The Rules for Election of (2) A copy each of the following Mayor and Deputy Mayor of the Notifications (Hindi and Eng­ Corporation of Madurai, published in lish versions) under sub-sec- Papers Laid APRIL 5, 1977 Papers Laid 84

tion 3 of section 67 of the (5) A statement (Hindi and Eng. Monopolies and Restrictive lish versions) explaining Trade Practices Act, 1969: — reasons for not laying the Hindi versions of the above (i) The Monopolies and Res­ Notification. LPlaced in Lib­ trictive Trade Practices rary. see No. LT-69/77J. Commission (Recruitment and Conditions of Service o>f Registrar, Joint Regis­ (6) A copy of the Delimitation trar, Deputy Registrar and of Council Constituencies Assistant Registrar of Res­ (Uttar Pradesh) Amendment trictive Trade Agreements) Order, 1976 (Hindi and Eng­ Rules, 1976, published in lish versions) published in Notification No. G.S.R. 1615 Notification No. G.S.R. 875(E) in Gazette of India dated in Gazette of India dated the the 20th November, 1976. 11th November, 1976, under sub-section (3) of section 13 (ii) The Monopolies and Res­ of the Representation of Peo­ trictive Trade Practices ple Act, 1950. [Placed in Lib- Commission (Recruitment rary. See No. LT-70/77]. of Members of Staff) Am­ endment Rules, 1977 pub­ (7) A copy each of the following lished in Notification No. Notifications (Hindi and Eng­ G.S.R. 95(E) in Gazette of lish versions) under sub-sec­ India dated the 28th Feb­ tion (3) of section 169 of the ruary, 1977. L Placed *n Representation of the People Library. See No. LT-67/77]. Act y 1951: — LT-68/77]. (i) The! Conduct of Elections (Second Amendment) Rules, (3) A copy of the Disputed Elec­ 1976 published in Notification tions (Prime Minister and No. S.O. 795(E) in Gazette Speaker) Rules, 1977 (Hindi of India dated the 14th Dec­ and English versions) pub­ ember, 1976. lished in Notification No. S.O. 246(E) in Gazette of India (ii) The Conduct of Parliamen­ dated the 9th March, 1977 tary Elections (Sikkim) under sub-section (3) of sec­ Rules, 1977 published in tion 33 of the Disputed Elec­ Notification No. SLO. 45(E) tions (Prime Minister and in Gazete of India dated the Speaker) Ordinance, 1977. 25th January, 1977. [Placed in [Placed in Library. See No. Library. See No. LT-71/77]. LT-68/77].

(4) A copy of Notification No. G.O. Ms. 2328 published in (8) A copy of the Registration Tamil Nadu Government of Elections (Amendment) Gazette dated the 8th Decem­ Rules, 1977 published in Noti­ ber, 1976, under sub-section fication No. S.O. 35(E) in (3) of section 8 of the Hindu Gazette of India dated the Marriage Act, 1955 read with 21st Januairy, 1977, -under clause (c) (iv) of the Pro­ sub-section (3) of section 28 clamation dated the 31st of the Representation of the January, 1976 issued by the People Act, 1950. [Placed President in relation to the in Library. See No. LT-72/ State of Tamil Nadu. 77]. Papers Laid CHAITRA 15, 1899 (SAKA) Papers Laid 86

(9) A copy of the Kerala Small of the Representation of the Industries and Development People Act, 1950. [Placed Promotion Corporation Am­ in Library. See No. LT-75/ algamation Order, 1977, pub- 77]. t lished in Notification No. S.O. 241(E) in Gazette of India N otifications under I n d ia n R a il w a y s dated the 18th March, 1977, A ct, etc. under sub-section (5) of sec­ tion 396 of the Companies THE MINISTER OF RAILWAYS Act, 1956. (PROF. MADHU D AND A V ATE): I beg to lay on the Table: — (10) A statement explaining rea­ sons for not laying simulta­ (1) A copy each of the follow­ neously the Hindi version of ing Notifications (Hindi and the above Notification. [Placed English versions) issued in Library. See No. LT-73/77]. under section 47 of the Indian Railways Act, 1890: —

(11) A copy each of the following (i) The Railways ^ ed Tariff papers under section 62 of (Ninth Amendment) Rules, the Monopolies and Restric­ 1976, published in Notifica­ tive Trade Practices Act, tion No. G.S.R. 1640 in 1969:— Gazette of India dated the 20th N ovem ber, 1976. (i) Report (Hindi version) pertaining to the .execution (ii) The Railways Red Tariff of the provisions of the (Tenth Amendment) Rules, Monopolies and Restrictive 1976, published in Notifica­ Trade Practices Act, 1969, tion No. G.S.R. 1641 in for the period from 1st Jan­ Gazette of India dated the uary to 31st December, 1974. 20th November, 1976. (iii) The Railways Red Tariff (ii) Report pertaining to the (Eleventh Amendment) execution of the provisions Rules, 1976 published in of the Monopolies and Res­ Notification No. 3735 in trictive Trade Practices Act, Gazette of India dated the 1969? for the period from 1st 11th December, 1976. January to 31st December, 1975. (iv) The Open Lines (Railways in India) General (Amend­ (12) A statement (Hindi and ment) Rules, 1976 publish­ English versions) explaining ed in Notification No. the reasons for not laying G.S.R. No. 112 in Gazette simultaneously the Hindi ver­ of India dated the 22nd sion of the Report mentioned January, 1977 a1 item No. 11 (il) above, fPlaced in Library. See No. (v) The Railway Passengers LT-74/771. (Cancellation of Tickets and Refund of Fares) Rules, 1976 published in Notifica­ (13) A copy of the Delimitation of tion No. S.O. 346 in Parliamentary and Assembly Gazette of India dated the Constituencies Order, 1976 22nd January, 1977. [Placed and (English versions) under in Library. See No. LT-76/ sub-section (2) of section 8 77]. n *7 Papers Laid APRIL 5, 1977 Papers Laid

(2; A copy of Notification No. year 1975-76 along with the S.O. 264 (Hindi and English Audited Accounts and the versions) published in comments of the Comptroller Gazette of India dated the and Auditor General thereon. 21st January^ 1977, issued [Placed in Library. See No. under sub-section (2) of sec­ LT-80/77]. tion 568 of the Indian Rail­ ways Act, 1890 [Placed in Library. See No. LT-77/77]. (2) (i) Review (Hindi and Eng­ lish versions) by the Gov­ (3) A copy of the Railway Rates ernment on the working of Tribunal (Amendment) Rules, the Bharat Gold Mines Limit­ 1977 (Hindi and English ver­ ed, for the year 1975-76. sions) published in Notifica­ (ii) Annual Report (Hindi and tion No.G.S.R. 272 in English versions) of the Gazette o(Jj India dated the Bharat Gold Mines Limited 26th February, 1977, issued for the year 1975-76 along under sub-section ( 1 ) of sec~ with the Audited Accounts tion 44 of the Indian Rail­ and the comments of the ways Act, 1890 [Placed in Comptroller and Auditor Library. See No. LT-78/77j. General thereon. [Placed in Library. See No. LT-81/77]. (4) A copy of the Report (Hindi 81/77.] and English versions) on the progress made in the intake of Scheduled Castes and (3) (i) Review (Hindi and Eng­ Scheduled Tribes against lish versions) by the Govern­ vacancies reserved for them ment on the working of the in recruitment and promotion Hindustan Zinc Limited, Udai­ categories on the Railways pur (Rajasthan) for the year for the half-year ending the 1975-76. 31st March, 1976. [Placed in Library. See No. LT-79/ (ii) Annual Report (Hindi and 77]. English versions) of the Hin­ dustan Zinc Limited, Udaipur P apers under C o m p a n ie s A ct, etc. (Rajasthan) for the year 1975-76 along with the Audit­ THE MINISTER OF STEEL AND ed Account, and the com­ MINES (SHRI BIJU PATN AIK): I ments of the Comptroller beg to lay on the Table a copy each and Auditor General there­ of the following papers under sub­ on. [Placed in Library. See section ( 1) of section 619A of the No. LT-82/77]. Companies Act, 1956: (4) (i) Review (Hindi and Eng­ (1) (i) Review (Hindi and Eng­ lish versions) by the Govern­ lish versions) by the Govern­ ment on the working of the ment on the working of the Hindustan Copper Limited, Bharat Aluminium Company Calcutta, for the year 1975-76. Limited, New Delhi, for the year 1975-76. (ii) Annual Report (Hindi and English versions) of the (ii) Annual Report (Hindi and Hindustan Copper Limited, English versions) of the Calcutta, for the year 1975- Bharat Aluminium Company 76 along with the Audited Limited, New Delhi, for the Papers Laid CHAITRA 18, 1899 (SA K A) Papers Laid 90

Accounts and the comments (8) (i) Review (Hindi and En­ of the Comptroller and Audi­ glish versions) by the Gov­ tor General thereon. [Placed ernment on the working of i in Library. See No. LT-83/771. the Steel Authority of India Limited, New Delhi, for the year 1975-76. (5) (i) Review (Hindi and En­ glish versions) by the Gov­ (ii) Annual Report of the Steel ernment on the working of Authority of India Limited, the Mineral Exploration Cor­ New Delhi, for the year 1975- poration Limited, Nagpur, for 76 along with the Audited the year 1973-74. Accounts and the comments of the Comptroller and Audi­ (ii) Annual Report (Hindi and tor General thereon. English versions) of the Mine­ ral Exploration Corporation (9) A statement (Hindi and En­ Limited, Nagpur, for the year glish versions) showing rea­ 1973-74 along with the Audit­ sons for delay in laying the ed Accounts and the comments papers mentioned at item Nos. of the Comptroller and Audi­ (5) and (6) above. tor General thereon.

(10) Two statements (Hindi and (6) (i) Review (Hindi and En­ English versions) explaining glish versions, by the Govern­ reasons for not laying simul­ ment on the working of the taneously the Hindi versions Mineral Exploration Corpo­ of papers mentioned at item ration Limited, Nagpur, for Nos. (7) and (8) (ii) above. the year 1974-75. [Placed in Library. See No. LT-86/771. n (ii) Annual Report (Hindi and A n n u a l R eport o n the C o al M in e s , English versions) of the Mine­ L abour W elfare O rganisation , N o t i­ ral Exploration Corporation f ic atio n under D elhi S hops and Limited, Nagpur, for the year E stablishments A c t, etc. 1974-75 along with the Audit­ ed Accounts and the comments of the Comptroller and Audi­ THE MINISTER OF PARLIA­ tor Genera] thereon. MENTARY AFFAIRS AND LABOUR (SHRI RAVINDRA VARMA): I betf to lay on the Table: (7) (i) Review by the Govern­ ment on the working of Mine­ (1) A copy of the Annual Report ral Exploration Corporation (Hindi and English versions) Limited, Nagrpur, for the year on the activities of the Coal 1975-76. Mines Labour Welfare Orga­ nisation for the year 1975-76. (Placed in Library. See No. LT- (ii) Annual Report of the Mine­ LT-86/]. ral Exploration Corporation Limited, Nagpur, for the year (2) A copy of the Delhi Shops 1975-76 along with the Audit­ and Establishments (Amend­ ed Accounts and the com­ ment) Rules, 1976 (Hindi and ments of the Comptroller and English versions) published Auditor General thereon. in Notification No. F. 4(2 6 )/ [Placed in Library. See No, 76/CIS/Lab/21094-98 in Delhi LT-85/771. Gazette dated the 2nd Decem- Papers Laid APRIL 5, 1977 Papers Laid 92

ber, 1976, under sub-section (i) S.O. 4697 published in (3) of section 47 of the Delhi Gazette of India dated the Shops and Establishments Act, 11th December, 1976. 1954. [Placed in Library. S&e (ii) S.O. 47 published in Gazette No. LT-87/77]. of India dated the 1st Jan­ uary, 1977. [Placed in (3) A copy of Notification No. Library. See No LT-90/ G.O.Ms. 951 (Hindi and En­ 77]. glish versions) published in Tamil Nadu Government (6) A copy of the Annual Report Gazette dated the 24th Decem­ (Hindi and English versions) ber, 1975 issued under the of the Employees’ State In­ Tamil Nadu Catering Estab­ surance Corporation for the lishments (Amendment) Act, year 1975-76, under section 36 1975 read with clause (c) (iv) of the Employees* State In­ of the Proclamation dated the surance Act, 1948. [Placed in 31st January, 1976 issued by Library. See No. LT-91/77.] the President in relation to the State of Tamil Nadu. (7) A copy of the Annual Report [Placed in Library. See No. (Hindi and English versions) LT-88/771. of the Central Board for workers Education, for the (4) A copy each of the following year 1975-76. [Placed in Lib- Notifications (Hindi and En­ rary. See No. LT-92/77J. glish versions) under sub­ section (4) of section 38 of (8) A cop y each of the following the Industrial Disputes Act, Notifications under sub-section 1947 read with clause (c) (iv) (2) of section 7 of the Em­ of the Proclamation dated the ployees’ Provident Funds and 31st January, 1976 issued by Miscellaneous Provisions Act, the President in relation to 1952: the State of Tamil Nadu: (i) The Employees’ Provident (i) G.O.Ms. 871 published in Funds (Sixth Amendment) Tamil Nadu Government Scheme, 1976 (Hindi and Gazette dated the 13th English versions) pub­ October, 1976 making cer­ lished in Notification No. tain amendments to the G.S.R 1717 in Gazette of Tamil Nadu Industrial Dis­ India dated the 4th Decem­ putes Rules, 1958. ber, 1976

(ii) G.O.Ms. 912 published in (ii) The Employees* Provident Tamil Nadu Government Funds (Seventh Amend­ Gazette dated the 27th ment) Scheme, 1976 (Hindi October, 1976 making cer­ and English versions) pub­ tain amendments to the lished in Notification No. Tamil Nadu Industrial Dis­ G.S.R. 1740 in Gazette of putes Rules, 1958. [Placed India dated the 11th Dec­ in Library. See No. LT- ember, 1976. 89/771. (iii) The Employees Deposit- (5) A copy each of the following linked Insurance (Amend­ Notifications (Hindi and Eng­ ment) Scheme, 1976 (Hindi lish versions) under sub-sec­ and English versions) pub­ tion (3) of section 40 of the lished in Notification No. Industrial Disputes Act, 1947. G.S.R. 1788 in Gazette of 93 Papers Laid CHAITRA 15, 1899 (SAKA) Papers Laid 94

India dated the 25th Dec­ of the Limestone and Dolo­ ember, 1976. mite Mines Labour Welfare Fund Act, 1972. [Placed in (iy) G.S.R. 239 published in Library. See No. LT-95/77.] Gazette of India dated the 19th February, 1977 con­ ( 11) A copy of th*e Beedi Workers taining Corrigendum to Welfare Cess Rules-, 1977 Notification No. G.S.R. 1355 (Hindi and English versions) dated the 18th September, published in Notification No. 1976. G.S.R. 54(E) in Gazette of India dated the 2nd February, (v) The Employees’ Provident 1977, under sub-section (3) of Funds (Amendment) Sche­ section 7 of the Beedi Wor­ me, 1977 (Hindi and English kers Welfare Cess Act, 1976. versions) published in No­ [Placed in Library. See No. tification No. G.S.R. 305 in LT-96/77.] Gazette of India dated the 5th March, 1977. 02) A copy of the Contract Labour (Regulation and (vi) G.S.R. 406 published in Abolition) Central (Amend­ Gazette of India dated the ment) Rutes, 1976 (Hindi 19th March, 1977 containing and English versions) pub­ Corrigendum to Notification lished in Notification No. No. G.S.R. 1717 dated the G.S.R. 199 in Gazette of 4th December, 1976. India dated the 12th Feb­ ruary, 1977 under sub-section (vii) The Employees’ Family (3) of section 35 of the Con­ Pension (Third Amenld- tract Labour (Regulation ment) Scheme, 1976 (Hindi and Abolition) Act, 1970. and English versions) pub­ [Placed in Library. See No. lished in Notification No. LT-97/77] G.S.R. 174 in Gazette of (13) A copy of the Metalliferrous India dated the Sth Feb­ Mines (Amendment) Re­ ruary, 1977. [Placed in Lib­ gulations, 1977 (Hindi and rary. See No. LT-93/77.] English versions) published in Notification No. G.S.R. (9) A copy of the Annual Report 308 in Gazette of India (Hindi and English versions) dated the 5th March, 1977, for the year 1975-76 on the under sub-section (7) of working of the Employees’ section 59 of the Mines Act, Provident Funds and the Em­ 1952. [Placed in Library. ployees’ Family Pension See No. LT-98/77.] Scheme. [Placed in Library. See No. LT-94/77.] (14) A copy of the Employees’ State Insurance (Central) ( 10) A copy of the Limestone and Amendment Rules, 1976 Dolomite Mines Labour Wel­ (Hindi and English versions) fare Fund (Group C and published in Notification No. Group D posts) Conditions of G.S.R. 56 in Gazette of India Service and Recruitment dated the 8th January, 1977, Rules, 1976 (Hindi and En­ under sub-section (4) of glish versions) published in section 95 of the Employees’ Notification No. G.S.R. 274 in State Insurance Act, 1948. Gazette of India dated the [Placed in Library. See No. 26th February 1977, under LT-99/77.] sub-section (4) of section 16 95 Bill as passed by RS APRIL 5, 1977 Immediate release of 9 6 political prisoners (CA) 12 hrs. CALLING ATTENTION TO MATTER OF URGENT PUBLIC IMPORTANCE MESSAGES FROM RAJYA SABHA

SECRETARY-GENERAL: Sir, I I m m e d ia t e release of po litic a l have to report the following messages PRISONERS received from the Secretary-General of Rajya Sabha: — SHRI JYOTIRMOY BOSU (Diamond Harbour): Sir, I call the attention of (i) “In accordance with the pro­ the Minister of Home Affairs to the visions of sub-rule (6 ) of rule 186 of the Rules of Procedure and Con­ following matter of urgent public im­ duct of Business in the Rajya portance and request that he may make Sabha, I am directed to return a statement thereon:— herewith the Finance Bill, 1977. ‘The political prisoners still be­ which was passed by the Lok hind the bars and their immediate Sabha at its sitting held on the 31st release.’* March, 1977, and transmitted to the Rajya Sabha for its recommen­ SHRI SAMAR GUHA (Contai): Sir, dation and to state that this House I want to make a submission... has no recommendations to make to the Lok Sabha m regard to the MR. DEPUTY-SPEAKER: Is it on said Bill.” this call-attention?

(ii) “In accordance with the pro­ SHRI SAMAR GUHA: Yes, Sir. Yes­ visions of rule 111 of the Rules of terday I met the hon. Speaker. This Procedure and Conduct of Business matter involves the fate of political in the Rajya Sabha, I am directed prisoners who are still in a very mise­ to enclose a copy of the Food Cor­ rable condition in jails in West Bengal porations (Amendment) Bill, 1977, and other places. Therefore, I re­ which has been passed by the quested him to allow the other Mem­ Rajya Sabha at its sitting held cn bers also to participate in “this. As the the 4th April, 1977. rule does not permit it, he himself sug­ gested that it could be converted into half-an-hour discussion. I have given 12.02 hrs. notice of that. FOOD CORPORATIONS (AMEND­ MR. DEPUTY-SPEAKER: I have se*n MENT) BILL that. But a call-attention cannot be As passed ny R ajya S abha ipso facto converted into a discussion. SECRETARY-GENERAL: Sir, I Therefore, the hon. Minister will make lay on the Table of the House the the statement now. The hon. Member Food Corporations (Amendment) can give notice of half-an-hour discus­ Bill, 1977, a$ passed by Rajya Sabha. sion separately which will be consider-' ed. ■97 Immediate retease of CHAITRA 15, 1899 (SAKA) political prisoner* 98 (CA) PROP. DILIP CHAKRAVARTY that any violent activity on the part of (Calcutta South): On a point of order. Naxalites or others would be firmly In Hazaribagh jail, the prisoners ... dealt with in accordance with law, we are also of the view that indefinite MR. 1 DEPUTY-SPEAKER: No. The continuance in detention of even such hon. Member cannot take the opportu­ nity of rising on a point of order and persons cannot be any solution to the giving some information like this. The problems posed by them. We are, Minister will make the statement. therefore, advising the State Govern­ ments specifically to release all such THE MINISTER OF HOME AFFAIRS Naxalites in detention, except in (CHAUDHURI CHARAN SINGH): Sir, cases where such detentions had been Consequent on the revocation, on the made on account of their recent indul­ 21st March, 1977 of the proclamation gence in violent activities. Several of the Emergency made on 25th June, questions have been asked about the 1975, all persons detained in pursuance number of persons who were detained, of the provisions of Section 16A of the etc. So, with your permission, I would Maintenance of Internal Security Act like to place on the Table of the House have been released. There were, how­ a detailed statement about the number ever, about 6,851 persons still in deten­ of persons detained in various States tion on 25th March, 1977, They had during the period of Emergency, l>een detained under Section 3 (,I the rPlaced Library, See No. LT-99A/ Maintenance of Internal Security Act, 77.1 grounds of the detention had been fur­ nished to them and their continuance MR. DEPUTY-SPEAKER: Yes. Mr. in detention had been approved by the Jyotirmoy Bosu. Advisory Boards. SHRI JYOTIRMOY BOSU: Mr. We have already announced our Deputy-Speaker, Sir, we joined hands policy in regard to the Maintenance of with other ‘Congress-opposed forces’ to Internal Security Act. Further speci­ defeat Congress and to restore civil fic proposals will come before the liberties and human rights and as the House in due course in the light of our election results have shown, the Indian earlier announcement. Consistent with people are with us wholly and that is our policy, we are clearly of the view precisely the reason we are here today. that no one should be kept under de­ Our Home Minister, Chaudhuri tention for an indefinite period. We Charan Singh, had said in a meeting are accordingly advising the State Gov­ in Muzalfarnagar on 27th February, ernments to release all those still un­ 11)77 and it appeared in The Tribune der detention except where interests on 1st March, 1977: of security of the country arc clearly involved or where persons have been ‘The Janata Party leader, Mr. detained on account of their recent Charan Singh, today said that the indulgence in violent activities. Janata Party if it came to power would repeal security laws like the With the lapse of the provisions of MISA, abrogate the 42nd Constitu­ Section 16A of MISA, the vast majority tion Amendment and make electoral of political prisoners have already been laws equal for all”. realeased. Presumably, the Hon’ble Member has in mind the Naxalites, as I am glad to see that the matter is they are called, in detention. Accord­ now in progress and I expect that it ing to the information available with would be completed in toto before long. the Government, there were 645 such In the President’s Address, it has also persons in detention in West Bengal, been stated: Tamil Nadu, Kerala and Andhra Pra­ desh on 25th March, 1977. While we “Having regard to the gross abuse do not at all approve of their ideology to which the Maintenance of Inter­ and while we would clearly reiterate nal Security Act has been put during J75 L.S —4 Immediate release of APRIL 5, 1977 political prisoners (CA) ico*

(Shri Jyotirmoy Bosu.) released to allow them to think and mend themselves. I would give an the last two years, a thorough review example. Shri K. C. Pant, erstwhile of the Act will be undertaken with Minister and conscience keeper of Shrl- a view to repealing it and examining mati , in matters of whether the existing laws need preservation of democracy admitted further strengthening to deal with on the floor of this House that secretly economic offences and security of he had met a number of Naxalites and the country ___ ” his plea and pretext to U3 was th^t Sir, I do not wish to carry coal to New­ they wanted to give them a chance castle, but I wish to mention here as a to mend themselves and released person who has shared the platform those Naxalites who agreed under with the ruling party every where in pressure to join the Congress. In the countiy that a target date should West Bengal, we call them Cong- be announced. This is because you shells*. have mentioned in the last sentence of para 2 of your statement: Another erstwhile Minister, Shri “We are accordingly advising the Kedar Singh, a messenger boy of State Governments to release all erstwhile Prime Minister, Shrimati those still under detention except Indira Gandhi met secretly so-called where interests of security of the Naxalites in Meerut Jail. He refused country are clearly involved or to sign the visitors’ register. When where persons have been detained on T asked him why he refused to sign account of their recent indulgence the register having went inside the in violent activities.” jail and met the inmates, his reply Shri Shanti Bhushan is sitting was, how I came to know of it. I said: so close to the Home Minister, and he I have got a white crow, which comes knows full well that there is ample and gives me all the news in the provision in the Criminal Procedure morning. Code to prosecute anybody who acts as a criminal. Therefore, people with I understand that this Government a political background should not be in principle have decided to act in brought within the ambit of this. this matter favourably to preserve I would also like to refer to para 3 human rights and civil liberties. I of the statement made by the hon, would like to have a confirmation Home Minister. In the last sentence, that no political person would be kept it is stated: under detention without a trial. And “We are, therefore, advising the also people with a political back- State Governments specifically to re­ Wound. if prosecuted on false lease all such Naxalites in detention, charges, such as the case of except in cases'where "Such. detentions Mr. George Fernandes which is a had been made on account of their glaring example of how politics work­ recent indulgence in violent activi­ ed in the case of Mr. George Fernandes and false cases were fabricated and ties, the CBI fully co-operated. 'Therefore, I again repeat that there is ample you know what the Police in this provision in the Criminal Procedure country is. They fabricate cases and Code and the persons with a political involve political leaders according to background should be released at once the wishes of their masters. So, we and you can proceed against those who do not wish to be tools in the hands of have done any acts of crime under the such people. I would request the hon. normal laws and prosecute them. Minister. Kindly release all political It was stated that political prisoners, prisoners. Kindly withdraw all cases even if they were misguided should be against political prisoners. ... lOl Immediate release of CHAITBA 15, 1899 (SAKA) political prisoners J02 (CA) AN HON. MEMBER: There should Here is a news item in the Indian be a general amnesty for all political Express: prisoners. “Relatives of political prisoners “ SHRI JYOTIRMOY BOSU: I will found themselves socially ostracised come to that. by family friends and even relatives who seemed to fear that the authori­ Shrimati Indira Gandhi and her ties would give them black if they stooge Ministers like the Minister of were caught talking to such people. State, Shri Om Mehta, never revealed Middle-aged women, who had lived the figures because it was so enormcus. a sheltered existence in side the four Even a leading Youth Congress leader walls of their household, had to said recently: make weekly rounds to the sordid premises of the jail and criminal “ In West Bengal we are having courts. Businesses were ruined with emergency since 1971.” no male members to look after the shops. ...” 1930—1932—Chaudhari Saheb will re­ member because he is an old freedom This is how you made people’s life fighter and a Congress man. The Con­ awfully miserable. At least for 10 gress Party was declared illegal lakhs of people their life was made because of the civil disobedience miserable because if 2 lakhs were de­ movement but the Britishers did not tained, for each person we can take do any blanket arrest for detention that there are five dependants. For etc. Only those who continued with preserving one person in power all their activities were prosecuted but these sordid acts were committed. never detained. Therefore, in a free Just like Mr. George Fernandes case, country, what we get to-day cannot there are thousands of fabricated even be equated with that we got cases. ... when we were a subjugated race. But in the Indira Raj because somebody MR. DEPUTY-SPEAKER: Please was a member of a particular party, conclude. he was detained. The whole country becaume a vast prison. If you read the SHRI JYOTIRMOY BOSU: I tell you documents of Amnesty International one thing. I am afraid you are new to and if you read foreign newspapers this House. In the Business Advisory like the New York Times and the Committee it was decided that 45 Washington Post, your head will hang minutes would be set aside for a call- in shame. I tell you that this country’s attention motion. . . . image has been tarnished beyond re­ covery and I do not know how long MR. DEPUTY-SPEAKER: The hon. and how many decades it will take Member should know that 45 minutes to brighten up our fa c e .... is for the entire call attention motion and not for a . single Member. You cannot take all the 45 minutes. MR. DEPUTY-SPEAKER: You please ask your clarification. SHRI JYOTIRMOY BOSU: That pro­ vision is not there. SHRI JYOTIRMOY BOSU: Then, Sir, about the unheard of atrocities MR. DEPUTY-SPEAKER: Besides, and tortures perpetrated by” the erst­ the BAC of the new House will have while Indira regime, even relations yet to decide on it. were not spared. I am now asking you to seek your You know how the brother of Mr. clarification. Geroge Fernandes was beaten up. 3 < i Immediate release of APRIL 5, 1977 political prisoners (CA)

SHRI JYOTIRMOY BOSU: I am speech, it is not just a few points which glad the hon. Home Minister, Choudh- he referred to. He made a long speech. ary Saheb has said that he is going to I would like to refer to two specific publish and give fo the House the points raised by him. He has referred figures of detenus. Our figures are in­ to a sentence in my statement in complete. In West Bengal—in the which I said: Chittaranjan Locomotive Works 14 railway workers who are trade-unioni­ ‘We are advising the State Govern­ sts are still behind the bars. You ments to release all those still under should know what the MISA says— detention except where interests of Section 3 (1T (A) (1) and (if). What security of the country are clearly are the figures? Let me quote. In involved or where persons have been Andhra, Shri G. G. Rao, a trade union detained on account of their recent leader is behind the bar. In West indulgence in violent activities/ Bengal, CPI(M) workers— 125 are de­ tained under MISA and 137 are langui­ As regards the first category, this shing without trial. About the so- category includes the spies, those who called Naxalites, 500 are behind the have been working for foreign coun­ bars under MISA and 1600 are in tries, some of them who have gone prison without trial. Forward Bloc, underground etc. Such of them as RSP and a section of the Congress— 200 were arrested have been put under have been detained under MISA. Ap­ this category. The break-up of these proximately 500D political prisoners prisoners is not available to me. I will are rotting in jails in West Bengal get these cases examined and in regard under our great democratic leader, Mr. to cases where I consider that deten- Sidhartha Shankar Ray! In the last 1ion is no longer justified, I will see two years, 25 political prisoners have that such persons are released. died in the fails. You can imagine what it is. Mr. Bharati, a CPI worker, As regards those who were indulg­ was beaten to death in the Ujjain jail. ing in recent activities, this is a There are figures about Jamaet.e-Is- statement which is confined to those lami also. So all these details we will persons who have been arresfed upto get. A DMK Member, Mr. Chitti Babu 25th March. There are certain cases was beaten to death in the jail and of persons who committed violence when the post-mortem was held, it after i if ting of emergency. Those was found that1 his intestines were cases will also be examined and these badly damaged. cases will be proceeded with under regular law and necessary proceedings They had not even spared intellec­ tuals, poets and literary giants. I want will be started in law courts. figures of MISA cases State-wise, DIR cases State-wise. Section 107 CrPC Regarding fixing target, I cannot cases State-wise and Section 109 CrPC give any assurance because we can cases State-wise. I want to know the only advise the State Governments. specific charges against them. There Final action lies in their hands. We have been a number of journalists will do our best in seeing that action there. There are other intellectuals is taken as early as possible. also. I want to suggest that there should be a general amnesty for them. He said about excesses committed I want to know whether you will by the police during the emergency or appoint an enquiry commission in this even before the emergency. I may regard and fix responsibility for penal assure the House that whether it be action and nothing short of it. the police or the Government officials etc. it is not they so much who are CHAUDHUIRI CHARAN SINGH: to be blamed as the political leader­ The hon. Member has delivered a ship that was there. So I would 105 UniversaUsation of CHAITRA 15, 1899 (SAKA) UniversaUsation of 106 Literacy, etc. (St) Literacy, etc. (St.) request the hon. Member not to be (SHRI PRATAP CHANDRA CHAN- very unkind to the police in future. DER): I am grateful to the Speaker tor having given me this opportunity SHRI JYOTIRMOY BOSU: You to make a statement in this august have1 not said anything about general House, amnesty. You have not said anything about the specific point I raised about The Government would like to give under-trials. the highest priority to the universalisa- MR. DEPUTY-SPEAKER: Mr. Bosu, tion of literacy in the country. I am you have had enough of your say. informed that 87 per cent of the And the Home Minister has answered children in the age group 6— 11 and most oi your points. 39 per cent of the children in the age group 11— 14 have facilities for SHRI SHYAMNANDAN MISHRA primary and middle school education (Begusarai): Mr. Deputy-Speaker, Sir, in our country as at present. The I am only on a point of clarification. present Fifth Plan envisages enrol­ The hon. Home Minister was not ment of 96 per cent of the age group pleased to refer to the number of 6--11 and 46 per cent of the age groujj Naxalites in Bihar. 11— 14. In regard to adult literacy, according to the 1971 census, 34 per MR. DEPUTY-SPEAKER: I think the statement is here. cent of the population abdve the age of four are literate. In terms of SHRI SHYAMNANDAN MISHRA: numbers, I understand, more than Would he be pleased to give us the 200 million adults above the age of 15 figures of Naxalites? (Interruptions) are still illiterate. The dimensions of this problem are truly gigantic. How­ MR. DEPUTY-SPEAKER: Now, no ever, the present Government are more questions please. I have already extremely anxious that urgent steps called the hon. Minister Dr. Chunder. should be taken to achieve substantial progress in the matter of universalisa- SHRI M. KALYANASUNDARAM tion of elementary education and (Tiruchirapalli): Sir, I have given promotion of adult literacy. We have notice to raise an important matter not yet had time to study in detail the under Rule 377. various aspects of the problem and MR DEPUTY-SPEAKER: You have also consult the States who are given the notice which is being looked primarily concerned with this. How­ an t o. You cannot raise it on the floor ever, we would take the earliest of the House. Nobody else will take opportunity to study this question in the floor excepting Dr. Chunder whom detail and prepare a time-bound plan 1 have already called. of action for universalisatior of elementary education and promotion of adult literacy. We shall also make 12.26 hrs. earnest, efforts to reduce the existing gap between the world of work and STATEMENT RE. GOVERNMENTS world of education keeping in view the POLICY ON UNIVERSALISATION principles of basic education as OF LITERACY, IMPROVEMENT OF enunciated by our Father of the Nation, SECONDARY EDUCATION, RE­ Mahatma Gandhi. SEARCH, POLITICAL VICTIMISA­ TION TN THE DEPARTMENT OF EDUCATION AND CULTURE AND The secondary education sector REMOVAL OF RESTRICTIONS ON especially the curriculum, syllabus ELECTIONS TO STUDENTS’ UNIONS and text books may all require to be looked into to lighten the academic THE MINISTER OF EDUCATION, burden on the students to enable them SOCIAL WELFARE AND CULTURE to turn their attention to sports* 107 UmversaUsation of APRIL 5, 1977 Govt. of Union 108 Literacy, etc. (St.) Territories (Arndt.) Bill [Shri Pratap Chandra Chancier] We shall write to the State Govern­ recreation, cultural aesthetic pursuits ments and universities requesting them and social work. At the level of to review the action taken against the higher education fundamental and staff in the educational organisations applied research deserve greater on political grounds, in the changed emphasis. I should also like to state circumstances. I am hoping that the here that we are not in favour of undue State Governments and Universities interference in the field of education. will respond to our request.

Many Hon’ble Members of this I have learnt that instructions had House and other friends are approach­ gone from the Ministry suggesting ing me and also writing to me about temporary postponement of elections complaints of political victimisation in to the various student unions in the the Departments of Education and Universities. I have directed that Culture. I asked for details of prema­ revved instructions may issue remov­ ture retirements and reversions in the ing these restrictions. I am also taking Departments of Education and Culture. up a review of instructions issued I find that as far as the Department during the last 20 months in the wake of Education and its attached and of emergency imposing similar restric­ subordinate offices are concerncd, tions. (Interruptions). there has been no case of premature retirement during the last 2 years. MR. DEPUTY-SPEAKER: Mr. Bosu, There has been one case of reversion, but it would appear that this reversion do not interrupt now. That sub­ ject-matter is now over. You will was based on entries in the confidential records. However, this case is also have enough opportunities to raise it again. Let the Home Minister under review. introduce the Bill. Then you can In the case of Department of Culture, have your objections and points of while there was no premature retire­ order. ment or reversion in the Department at the Secretariat level, three cases of premature retirement in the attached offices have been reported. I have 12.33 hrs. directed that these cases may be GOVERNMENT OF UNION TERRI­ reviewed and submitted to me. I have TORIES (AMENDMENT) BILL* also issued directions that a thorough check should be made in the attached THE MINISTER OF HOME and subordinate offices, under the AFFAIRS (CHAUDHURI CHARAN Departments of Education and Culture, SINGH): Sir, I beg to move for to verify whether there has been any leave to introduce a Bill further to case of victimisation on political amend the Government of Unjfcm grounds. 1 have also issued similar Territories Act, 1963. instructions to obtain the same information in regard to the autonom­ MR. DEPUTY SPEAKER: The ous organisations attached to the question is: Departments of Education and Culture. I hope to secure the information “That leave be granted to intro­ urgently and complete the review duce a Bill further to amend the within a tew days. I should like to Government of Union Territories assure the Hon’ble Members that all Act, 1963.” cases which involve political victimisa­ tion will be reviewed. The montion was adopted.

•Published in Gazette of India Extra ordinary, Part U, section 2, dated 5-4-77. Govt. of Union CHAITRA 15, 1890 (SAKA) Govt of Union IIQ Territories (Arndt.) Bill Territories (Amdt.)Ord. (St.) CHAUDHURI CHARAN SINGH: present Government is very much Sir, I introduce the Bill. against the Emergency provisions. And we know pretty well that last time MR, DEPUTY-SPEAKER: Now, I when the 42nd Amendment and some will listen to your points of order. I other amendments were presented be­ cannot listen to any point of order fore this House, they used to supply the when there is no business before the material about 8 O’clock or 0 O’clock House. and I had raised it in this very same House that this is a very bad practice. I agree with Mr. Kalyanasundaram for SHRI M. KALYANASUNDARAM giving more time to introduce a Bill (TiruchirapalJi): Mr. Denuty-Spcaker, like this. Actually, I have got my Sir, these Bills have been sent only paper today at 8.30 a .m . and this i s this morning. They are very impor­ not the way to treat us and if that is tant Bills which seek to undo some going to be the method and you are of the mischiefs done by the previous going to hurry with these Bills, I think government. As they have been you are going to bury justice. circulated only today how are we to study them? The rule says that there SHRI SOUGAT.A p o v ^p?1rrrk - should be at least seven days’ notice. pore): The charge against the previous What is the urgency? The exception government was that it tried to rush should not become the rule. Of through legislation during emergency. course the Speaker has got powers to We are making the same charge against waive the notice and allow the intro­ the present Government that it is try­ duction. Tomorrow is the last date. ing to do the things in a similar way. I know what Mr. Patnaik is telling you. He is bringing to your notice that the Memorandum has been MR. DEPUTY-SPEAKER: Mr. circulated. I have gone through the Kalyanasundaram, I may say that what Memorandum, but the Memorandum the Secretary was giving me was a copy does not explain the urgency of this. of the Memorandum. The Memoran­ Can’t they wait till the next Session? dum has been circulated and Ihey have I object to the uu rod uctio’i of the Bill explained the urgency that is forcing them to adopt this course and the and I object to the Speaker waiving the notice period. Speaker has waived notice and he has permitted this Bill to be introduced. So, there the matter ends. SHRI ARAVINDA BALA PA.TANOR (Pondicherry): I would like 10 submit, Mr. Deputy-Speaker. Sir, that 1 would like to have a method by which you can 12.36 hrs. suggest to the government so that we can hear all the Members at the same time because now we are not able to STATEMENT RE. GOVERNMENT OF hear the proceedings properly. UNION TERRITORIES (AMEND­ MENT) ORDINANCE

MR. DEPUTY-SPEAKER; That is THE MINISTER OF HOME AFFAIR'S why the Members should have some (CHAUDHURI CHARAN SINGH): restraint. If one by one speaks, every Sir, with your permission I lay on the Member can have a chance to speak. Table an explanatory statement (Hindi and English version) giving reasons for SHRI ARVINDA BALA PAJANOR: immediate legislation by the Govern­ Sir the lunch hour is approaching and ment of Union Territories (Amend­ the brain power has no value and I ment) Ordinance, 1977. don’t think many of the Members will be here now. Mr. Deputy-Speaker, the I l l Disputed Elections APRIL 5, 1977 (Prime Minister and 112 Speaker) Bill 12.37 hrs. MR. DEPUTY-SPEAKER: Motion, moved: DELHI ADMINISTRATION (AMEND­ MENT) BILL* “That leave be granted to introduce THE MINISTER OF HOME AFFAIRS a Bill to provide for Authorities to (CHAUDHURI CHARAN SINGH): Sir, deal with disputed elections to Parlia­ I beg to move for leave to introduce ment in the case of Prime Minister a Bill to amend the Delhi Administra­ and Speaker of the House of the tion Act, 1966. People and for matters connected therewith.” MR. DEPUTY-SPEAKER: The I have received notice from three question is: Members and I will allow those three “That leave be granted to intro­ Members to speak. duce a Bill to amend the Delhi SHRi SHYAMANANDAN MISRA Adminisration Act, 1966.” (Begusarai): Mr. Deputy Speaker, Sirr I am rising to express certain doubts The motion was adopted. and misgivings about this measure. CHAUDHURI CHARAN SINGH: And if the hon. Law Minister succeeds Sir, I introduce the Bill. in removing those doubts and mis­ givings, I will not finally oppose this motion. But at the moment the posi­ tion is that it seems to me quite obvious that this measure is contrary to the STATEMENT RE. DELHI ADMIN IS- spirit of Article 14 of the Constitution TRATION (AMENDMENT) ORDI­ which provides for equality before law. NANCE At the same time I am not able to understand why the present Govern­ THE MINISTER OF HOME ment should be as keen as the previous AFFAIRS (CHAUDHURI CHARAN government was that a Member when SINGH): With your permission again he or she becomes the Prime Minister I beg to lay on the Table an ex­ he or she should be considered as a planatory statement (Hindi and different amimal to be treated in a English versions) giving reasons for different, kind of zoo. That is the immediate, legislation by the Delhi position which is, frankly speaking, not Administration (Amendment) Ordi­ very clear to me. That the present nance, 1977. government should subscribe to that principle, as did the earlier govern­ ment, is on the face of it strange. I have no doubt, Mr. Deputy-Speaker, 12.39 hrs. that my government is as much com­ DISPUTED ELECTIONS (PRIME mitted to the salutary principle of MINISTER AND SPEAKER) BILL* eqmUty before law as any one of the members C)f the party is. At the same THE MINISTER OF LAW, JUSTICE tinv\ I realise that ihey have certain AND COMPANY AFFAIRS (SHRI difficulties to contend with at the SHANTI BHUSHAN): I beg to move present moment which they may not for leave to introduce a Bill to pro­ have in the future. But I venture to vide for authorities to deal with dis­ think that there could be some other puted elections to Parliament in the alternatives before the government. case of Prime Minister and Speaker of It is also quite clear—it does not require the House of the People and for matters any reiteration to the hon. Law Minis­ connected therewith. ter.'—that our election manifesto states

•Published in Gazette of India Extraordinary, Part II, section 2. dated M.77. 113 Disputed Elections CHAITRA 15, 1899 (SAKA) (Prime Minister and 114. Speaker) Bill that we shall ensure that all indivi­ amendment of the Constitution and duals including those who hold high there is not sufficient time to undo offices are equal before law. the wrong that has been done to the Constitution. The Constitution now Whati is the concept of equality be­ requires that a special authority fore law? Is it being sought to be shall be provided to try election observed in this case? These are the cases relating to the Prime Minister crucial questions before us. and the Speaker and that authority was sought to be provided by an Equality before law means that among ordinance. It is also clear to me equals the law should be equal and that this Bill is a substantial impro­ should be equally administered; that vement upon the ordinance that had is, likes should be treated alike. Are been promulgated by the earlier we not as Members alike? I do hope government because the earlier gov­ that the hon. Law Minister thinks that ernment had tried to institute a kind we are all alike and that he would of tribunal which was unheard of in certain by do something 1o undo the judicial history. There was to be a grave wrong that has been done to the congery of persons to try out election Constitution. I would have been happy cases relating to the Prime Minister if the hon. Law Minister had made it and the Speaker. This Bill seeks clear in the statement of objects and to eliminate non judicial elements reasons itself that the ultimate from the tribunal and this provides objective of the government was to for the matter to be referred to a clear the position in this regard, name­ judicial tribunal. To that extent, it ly, it could not subscribe to the idea of is an improvement upon the ordin­ placing the Prime Minister above law. ance that was promulgated by the I do not think that there could be any former government in February. But objection to the ultimate objective of my submission to the government the hon’ble Law Minister being made ajnd thef hon’ble Law Minister is clear in the statement of objects and that they should tal:e early steps to reasons itself; nothing came in the way undo the wrong that has been done of its being mentioned in the statement to the Constitution and to the sacred of objects and reasons. Even principle of equality before law. so I do hope that even at this point Now a question may he asked : If of time, the non. Law Minister would you do not provide for an authority, come forward, if not today, tomor­ would there be a vacuum in law? row, with a Bill to repeal Article If the ordinance was allowed to lapse, 329 of the Constitution. I would now would there have be2:1 a vacuum or be coming t3 certain other points. chaos in law? If that i.i so. that But before I do so I would like to position has to be taken into account. emphasise that the special privilege But to my mind, there could not have in favour of an individual continues been any vacuum, although I am to disfigure the Constitution; and^ it assailed by a doubt, because article does do away with tne salutary prin­ 329 says that no such election shall ciple of equality before law. We be called into question oxcept before should like the hon’ble Law Minis­ such authority not being any such ter to make it clear to the House authority as is referred to in clause and to the world that he and this (b) of article 329. Clause (b) refers government do not subscrible to the to the ordinary tribunals which tiv principle that the Prime Minister other election cases. That really can do no wrong, that the Prime creates a difficult situation, but since Minister should be treated in the hon’ble Minister hapoens to be a different category altogether. How­ a great expert in law, I would ask: ever, I do realise, as I said earlier, if there is a vacuum in law, what that the government is placed in a operates? Would the government be difficult predicament because of the called to account for that? Can there 1X5 Disputed Elections APRIL 5, 1977 (Prime Minister and 116 Speaker) Bill

[Shri Shymanandan Misra] ^rtq^rT I 3ft STETFT q'sft ^ t position but let the minister make *PP?TT | ^ t| | I the point clear. Apart from that, in accordance with the provisions of % fa ir rTTf-T ^ ^ t f the amended Constitution, I think STRHTPT faJTT 3fT# fpT that any forum 0f appeal i.' ruled out in this case. I am now taking a H ft ^ i t ^ T fcn different position altogether. I am f fa rRS 5Ft Ttf fam not merely taking the position that qfaaT JTT *Ptf fafa#3T STSTFT since the tribunal would be appointed by the Chief Justice of India from *fsft ?fk FffaT qft W T T'lT 3TR, amongst the judges of the Supieme ^ sptf m*£\ t^ ttt ^Tft | i fa©# Court, the Supreme Court cannot be STSJFT *fsft STTcT ^TTf^rT f t a forum of appeal; I am also taking into account the provisions of article | fa 5T9PT ^ Wtri *3/?T i m , 329 of the Constitution as it .stands. % ^ r ^ T«T ^trTT t I Is not any forum of appeal com­ |f I I fa^ ??r % ^Ttff pletely ruled out according to article 329? Should the position bo allowed ?rW r n ? f m I i Trust ?T>r % r to remain as it is? Could not a f I JTf ?TT7T f ® sr€TFT »f^ t % forum of appeal have .:een provided fa q r «3T I 55TTST ^ STETFT *?^t for? Perhaps the Constitution comes again in the way. Has the hon'ble wk Fffar «r?r | t fanr«r ?t r ^ f minister examined whether there w gTrT WT I ? T ?T fat would be a forum o- appeal in the matter of these election cases? These # 5tt% w father % «fk w ft are some of my doubts and I hope Tr^f ^ r r ^ fa the minister will clear them. STRST'T f>TT I

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3rr ^ m*t ^ m ^ t ^ t ?ft # *ft h ^rf ferr «rr f^> % r * i^ T^WR" f t •*1*41 f% f^RT f%9‘il+ ^T f*T irm% f, ?>«im f, ^n r^f^fR rfw q T— fir if ?r srftmsr y^yiPH^ ?t?ftJTT f — ^T% ^ it iTTWt ?ft w i ^ f r if z fz «r sft f^ fm ^tst % ^ctt iT ^T^rfTrr ^ rrr «t 3^5 M STWt 'HH'ii F 7 ^ 7T®TT =5nfi% i #, ^TTrarer ^ f t ^ ( ?ttt % it sq^r ^ tft ?m f^ ir TrrEzrrr % ^Vl 'jft ir srnT'TT ^VTT 'd^'fii JTFT f t 91TT ft TT^T 'di'tH !TT>ft >0fd to Parliament in the case of Prime Minister and Speaker. !TT% % fq- ^ fit <;+Tii I vlf%>T 'Ji^l 5T ^TT5T ^f> VRPT ^ 'in § ^t i ^fT «TT ft? JPTT tTTT^ft T t «TT7 g ltlH j ,9 Disputed Elections APRIL 5, 1977 (Prime Minister and 12a Speaker) Bill 13.00 hrs.

f I =F^T % SHRI HARI VISHNU KAMATH (Hoshangabad): I rise on a pci»t % cf^TPT *ft HTT lR * W % of order. I fail to understand why JSFJ^T ^ t^T 4W -# t the course that they have adopted this* ^Rff Tfe% frR% if morning—an unhealthy and undesir­ able course for the Janata government *7 T'rfV f^Ff% gPT f*T to adopt. The Memorandum under vjfHdt % |tT ^ rfy + K l ^ t I Directions 19A and 19B supplied along *rprir -^ T ^ 'jT ^»r Mpy'Pi <, srq% ^ with the explanatory statement laid on the Table along with the Bill states 4(4% Sltri r»i '^Ti't ?rfSR»TT that the ordinance was promulgated HT ^ ^ld,^,T ^T ijfw+l% tlHMctl by the President on the 3rd February «PT STfsRHT— ^ ^ «*ici ^ET%?TRft ? I 1977. Now the present Bill seeks to replace the said Ordinance with certain modifications. Now, is that ^ *J5T ^— ^°^lul the only way open to the Government? <£tt Trf^RT^Fft <*m 4l t W r R f ^PTfa&Tfr “An Ordinance promulgated ?n^r *fK '3tn^rsr ?nwr under this article shall have the same force and effect as an Act of ^ IT jP T 2? >d3vJTt 3>i *ft STPTT % ^ if Parliament but every such Ordin­ *ft ^RTT tfsfoFT ^tfrPt • ‘HfTRp ^ ^ T ance;— ^T^zj^rE f^RT% *f 10 0 ^TR" (a) shall be laid before both % gTC' *ft 5TT fltidl ^ % ^T’TcTT 'Tiff Houses of Parliament and shall cease to oper*Ue at the expiration *K+H ^ 1^ WlOT ^ % fllMK of six weeks from the reassembly q r ^ft 1' --ft *rrf, %f*Fr ft ^tt of Parliament, or, if before the if ^ r. f^sprw> % '^r m 1^1 f ^ n r expiration of tha* period resolu­ tions disapproving it are passed ^MHdT % Rr5T^T ^hh p n i f^Rrcj by both Houses, upon the passing f^4>|^ «pt *TPfi ^ 4| ■*- 'JTTST5T of the second of those resolutions; srn^Ft ^ ?ft ^nr ^Hyi and1’ 5^nt, ^Tif ^ —IP* The latter part of above does not f W ^T 5FWT WH1 WcRJ «TT, Wf^T^ apply. Further, part (b) says: 5*T ? 1 ^ n r t HlRf “ (b) may be withdrawn at any time by the President.” ^ft ^f |, W^TT % This is very very helpful. If they ^ ^T TWIT wn^nr % had taken it very seriously and if part ^ir ^tftm t 1 (a) is not acceptable, they could have I 2i Disputed Elections CHA1TRA 15, 1899 (SAKA) (Prim* Minister and 122 Speaker) Bill •advised the President to withdraw accordance with the requirements of the ordinance to restore the status quo article 239A. I would just read out ante prior to emergency. j would like as to what the requirement of article the Law Minister to throw light on this 329A is. That article says: tnatter. “ (1) Subject t0 the provisions of Chapter II of Part V except sub­ SHRI SHANTI BHUSHAN: Mr. clause (e) of clause ( 1 ) of article Deputy-Speaker, Sir, I am very happy 102, no election— that this matter has been raised by the bon. Members, Shri Shyamnandan (a) to either House of Parlia­ Misra, Shri Sharad Yadav and Shri ment of a person who holds the Madhu Limaye and a point cf order office of Prims Minister at the time by Shri Kamath also. of such election or is appointed as Prime Minister after such elec­ I would like t0 say with all the tion; emphasis at my command that the (b) to the House of the People of Government is totally opposed to the a person who holds the office of whole of article 329A. The Govern­ Speaker of that House at the time ment is fully committed to restore of such election or who is chosen p absolute equality between the Prime as the Speaker for that House Minister and the Speaker on the one after such election; hand and all the other hon. Members of Parliament on the other hand. The shall be called in question, except Government believes tnat in all these before such authority. .. matters the principle of equality is so basic and an integral part of demo­ —now what follows is very im­ cracy that without this equality no portant— democracy can really succeed in this -country. “not being any such authority as is referred to in clause (b) of article But the hon. House would appreciate (329) or body and in such r.w.uirer the difficulties and the constraints as may be provided for by or under under which the present Government any law made by Parliament and has to function today for a ccrtain any such law may provide for all period, on account of the things done nthe’* matters relating to doubts and by the previous government earlier. disputes in relation to such election As the House is aware, article 829A including the grounds or which was enacted under very very unfor­ such election may be questioned” . tunate circumstances in August 1975. I am, however, very happy that a So that, so long as the constitutional part of that article 329A, namely, amendment was on the statute-book, clause (4), was found to be so opposed the position was that neither Parlia­ to the basic structure of the Constitu­ ment, nor the President in exercise of tion that it was struck down by the his ordinance-promulgating authority, whole Supreme Court. But, so far as could again provide for the same the other clauses were concerned, authority, because it was expressly namely, clauses (1), (2) and H), the said, “such authority (not being any Supreme Court d?d not get any oppor­ such authority as is referred to in tunity in that case to pronounce upon clause (b) of article ~29)” , which with the result that those clauses are means that the High Court to which still in existance in the Constitution of the election petition has to be present­ India. ed against other Members of Parlia­ ment has been ruled out. So, while Now this Ordinance was promulgated the Government was very keen that by the previous Government is in the position of absolute equality must 123 Disputed Elections APRIL 5, 1977 (Prime Minister and Speaker) Bill [Shri Shanti Bhushan] been a vacuum. Shri Mishra appears be immediately restored between the to be under the impression that if Prime Minister and the Speaker on there was a vacuum, the courts would the one hand the other hon. Members perhaps have formulated some kind on the other hand, this constraint of a remedy, the High Court perhaps imposed by article 329A came in its might have entertained a petition way. against the Prime Minister or the Speaker. I am very sorry to say that Government wants to introduce a that would not be the legal position in Bill for the total and complere lepeai the face of the clear provision in of article 329A, and I would appeal article 329. So, if the Ordinance had to the Leader of the Opposition as been withdrawn or allowed to lapse, well as friends on the other side to the position would have been exactly help us in establishing this equality the reverse of what the hon. Member between the Prime Minister and the contemplates, namely, we would have Speaker on the one side and the other been open to the charge that by Members of the House on the other. allowing the Ordinance to lapse, while This Bill, I hope, would be introduced we are not restoring and cannot con­ very early. stitutionally restore the authority of the High Court to question the elec­ The Ordinance which had been tion of the Prime Minister and the issued by the previous Government Speaker, we are eliminating even such provided that in the case of the Prime authority as was provided by the Minister and the Speaker, the autho­ Ordinance, and it would have been rity to decide the dispute about the said that the election of the Prime election would be a kind of a parlia­ Minister and the Speaker could not be mentary committee consisting of three questioned before any forum. So, some representatives of the Lok Sabha, forum had to be provided. A vacuum three representatives of the Rajya should not be allowed to come in. Sabha and three nominees of the Therefore, we have, within the con­ Government. The public sentiment straints of the Constitutional provi­ was that such an authority would not sion, provided for a Supreme Court command the confidence of the public. Judge. There cannot be any possible The option before us w j s to substitute objection to that. some authority other than the High Court, because that was prohibited But, at the same time, we would by the article itself, and we thought like the judge of the High Court to that if we could not substitute a High be substituted as quickly as possible Court as the authority as in the case and therefore that Bill would be in­ of other Members of Parliament, we troduced. Another point which has must not substitute an inferior autho­ been raised is about the appellate rity, but might substitute a superior forum. Now care has been taken authority. That was the reason that here a Supreme Court judge who behind this provision and we thought would be nominated by the Chief that as we could not have any autho­ Justice, would not be deciding the rity other than a Judge, we would election petition. It would be the have a permanent sitting Judge of the authority constituted by a notifica­ Supreme Court to be nominated by tion of the President. But the autho­ the Chief Justice. rity will be that sitting judge of the Shri Shyamnandan Mishra raised a Supreme Court who is nominated by point that the Ordinance could have the Chief Justice with the result that been withdrawn under article 123(2) he would be functioning as the autho­ (b). There is no doubt that it could rity, and since that authority would have been withdrawn, but if it had be a judicial authority, it would be been withdrawn and no other Bill had disposing of judicial disputes, judi­ been introduced, there would have cial controversies. Therefore, the de­ 125 Disputed Elections CHAITRA 15, 1899 (SAKA) Disputed Elections 126 (Prime Minister (Prime Minister and Speaker) Bill Speaker) Ord. (St.) cision of such an authority would be was designated as the authority to questionable by an appeal to the deal with the election petition, the* Supreipe Court under Article 136 of House would recall that there used to* the Constitution. be a tribunal to decide election peti­ tions. At that stage, this very ques­ Just as in the High Courts, some­ tion had been raised in High Courts times a matter is decided by a single and the matter had ultimately gone judge of the High Court, and even to the Supreme Court and arguments though a High Court judge has dis­ had been advanced that because Arti­ posed of a matter, an appeal lies in cle 329 contemplated no authority the High Court itself before two jud­ other than the authority laid down ges or a large number of judges, the under Article 329, it would alone de­ legal position would be that in regard cide the election disputes. There­ to this single judge of the High Court fore, that had ruled out either the who would be deciding a dispute as writ petition in the High Court an authority constituted, an appeal against the decision of the election would like against the decision of tribunal or an appeal to the Sup­ that single judge of the Supreme reme Court under Article 136. But Court before the Supreme Court as the Supreme Court had decided on such under Article 136 of the Consti­ that question that Article 329 did not tution. rule out the constitutional power of I hope that with this clarification, the Supreme Court to entertain a writ petition against the decision of the any doubts in the matter anywhere election petition or the power of the in the country, which might other- Supreme Court under Article 136 to v/i.--'; have been there and the p-oint entertain the appeal against the deci­ which had now been so pointedly sion of the tribunal. There is no raised, would be completely set at rest reason to think that the Supreme and we shall get the co-operation of Court will not take this in view. the entire House in our firm resolve, as quickly as possible, to put the con­ MR. DEPUTY-SPEAKER: The st it 11 lion a 1 position on a sound foot­ question 5s: ing which is in the fitness of things in a democratic country. “That leave be granted to intro­ MR. DEPUTY-SPEAKER: He has duce a Bill to provide for authori­ ties to deal with disputed elections answered all the points. Has he leave to Parliament in the case of Prime of the House to introduce the Bill? Minister and Speaker of the House SHRI SHYAMNANDAN MISHRA: of the People and for matters con­ One point remains to be clarified. nected therewith.” According to the provision of Article The motion was adopted. 32S of the Constitution, the appeal is perhaps not eliminated. I want to SHRI SHANTI BHUSHAN: I intro- know the clear position. It appears ducet the Bill. to me—On a cursory view of Article 329; as the Bill was circulated amongst us this morning and we did not have STATEMENT RE: DISPUTED ELEC­ enough time to go Into it—in accord­ TIONS (PRIME MINISTER AND ance with the provision of Article 329, SPEAKER) ORDINANCE that the appeal is not barred. THE MINISTER OF LAW, JUS­ SHRI SHANTI BHUSHAN: In fact, TICE AND COMPANY AFFAIRS earlier also, before the High Court (SHRI SHANTI BHUSHAN).. I lay

tlntroduced with the recommendation of the Vice-President acting as Presi­ dent. f27 Motion of Thanks on APRIL 5, 1977 Address by the Vice-President 128 acting as President [Shri Shanti Bhushan] about any extension of time or exteri- •on the Table an explanatory state­ tion of the sitting of the House or ment (Hindi and English versions) any such accommodation. We are giving reasons for immediate legisla­ willing to cooperate. But we should tion by the Disputes Elections (Prime not be ignored. Minister and Speaker) Ordinance, 1977. SHRI RAVINDRA VARMA: I wish to say that I am extremely sorry that I did not have the occasion to consult 18.15 hrs. the Opposition. I will see that such a lapse does not occur in future. MOTION OF THANKS ON THE ADDRESS BY THE VICE-PRESI­ MR. DEPUTY-SPEAKER: I think DENT ACTING AS PRESIDENT the House agrees to the suggestion MR. DEPUTY-SPEAKER: We shall put forward by the Minister of Par­ begin further discussion on the mo­ liamentary Affairs. tion of thanks on the Address by the HON. MEMBERS; Yes. Vice-President acting as President. MR. DEPUTY-SPEAKER: I would also suggest that, if need be, we may THE MINISTER OF PARLIAMEN­ sit beyond 6 O’clock today to com­ TARY AFFAIRS AND LABOUR plete some of the Government busi­ (SHRI RAVINDRA VARMA): Before ness. we begin discussion on the motion of thanks on the Address by the Vice- President acting as President, I would like to make a statement regarding ffT fairrc ^ r r t o the sitting of the House. Yesterday, sft «tt ^pt srtr snwr f^w you would recall, it was decided that the debate on the motion would con­ I I STFT t tinue for an hour this morning and 'sft 1% ?ff W1+ ff^TT % if f<^TT spt w m =r ffk % fff* % sft sri SHRI K. RAGHU RAMAIAH (Gun­ tur): Sir, it has been the customs and m fa^ft % % ff¥ ^ft fTT f^TT I the procedure in this House all these f *ft T O fffff^T % ff^^ff % ffT*T years that when changes like this are ststr ffwt % fw r «rr sfk 8 f^r made, the Opposition is also consult­ ed. While I have no objection to the «T^T f^IT «IT f¥ ?ff ^t? v tf Vff^TT present proposal, I would like my hon. $t 5rpnrr i *nft ^ ^ff if friend, 1he Minister of Parliamentary v tf 'Fffw $ i r«*k % Hhft Affairs, to follow the time-honoured ^customs of consulting th3 Opposition aft f, f^RPft Motion of Thanks CHAITRA 15, 1899 (SAKA) on Address by 130 Vice-President acting as President went in the name of the Government f t fsRHt JTTcRT# *flT and who permitted the operation of KTFT ^sicl |tr extra-constitutional powers at vari­ %TT flT^TTT ^ f % vjft ous levels. It was a silent revolt but conspicuous in its eloquence. IJ^T ^ t ^TOTJ v y * fafrc % hWimT ^Rgrr This is the inevitability of the pro­ «pt TRT3prrarf ^ t o t % s w ? cess of history. We know that cer­ tain policy statements have been made % T O ^ sflT Trft- f o j R * m *rt by the Government and those policy inr ^ i 3r

r.w*: vt *n^«r TShRi Dhirendranath Basu in the forftr ^5pt *r *r ^ft 1 Chair]

MR. DEPUTY-SPEAKER; Now, we We know that the new Govern­ proceed with the discussion on the ment Is riding on the wave of vic4ory. President’s Address. As there is New hopes and expectations have al­ kardly 1- 1/2 hours time left, it would so been raised among the masses. be appreciated if the hon. Members This mass enthusiasm has to be fur­ take only about 5 minutes each. ther consolidated an^ strengthened. It is necessary that the Government Shri Chitta Basu. of the day should take appropriate measures and specific and concrete SHRI .CHITTA BASU (Barasat): decisions in the matter of ensuring Mr. Deputy-Speaker, Sir, as you are popular involvement in policy making aware, the Sixth Lok Sabha has been and also in administration. I am constituted against the background of sorry to note that no mention of this a series of political events of extra­ aspect has been made in the Presi­ ordinary and far-reaching significance. dent’s address. I think this is a lacu­ Therefore, in all fairness, the Presi­ na, and this has to be taken note of. dent’s Address is to be viewed in the light of the political changes that I further appeal to the Government have taken place in the country. that such measures should Immediate­ The result signifies, in short, the ly be taken whereby the people will unshakable faith of the Indian masses feel that there will really be a change in the parliamentary institutions and for the working classes of this coun­ the democratic processes, despite try. The House knows that the agri­ strong-arm policies of the erstwhile cultural workers of our country cons­ titute an overwhelming majority of Government to reverse them. It is nothing short of mass revolt against the working population'. It has been the tyranny of a thin caucus who the policy of the erstwhile Govern­ ment to allow the State Governments 175 L.S.J—5 to fix up the minimum wages foragri- j Motion of Thanks on APRIL 5, 1977 Address by Vice-President 132 acting as President are various charges against them; [Shri Chitta Basu] there are undertrial prisoners. There cultural labourers. As you know, in has not been any specific declaration many States, the minimum wages for of amnesty for the release of all poli­ agricultural labourers have been fix­ tical prisoners. That is very neces­ ed, but in most of the States these sary in order to avoid the legal com­ minimum wages are not being given plications. I do not have much time to the agricultural labourers. This to discuss that. But it Is well known Government is committed to give and it should be known to this Gov­ effect to the Gandhian principles. Ac­ ernment also, that, while these politi­ cording to Mahatma Gandhi it is in cal prisoners were in jail, many of the villager, that India lives and the them have been victims of oppression agricultural workers of our country, and torture in jail; many of them as I mentioned earlier, constitute an have also been killed while in overwhelming bulk of the working jail, and we have heard of built-up population. I think the Government stories of killing on the plea of so- should take immediate measures to called encounter with the police. see that there is general implementa­ There have been niany instances of tion of the minimum wages for agri­ this nature. It is for the Government cultural workers. Labour is a Con­ of India to institute a thorough in­ current subject: I don’t know why quiry into the matter relating to the the Government cannot have laws of question of political prisoners and a nature which will also include en­ declare immediately an amnesty for forcement of the minimum wages in the immediate release of all political different States in respect of agricul­ prisoners. tural workers and Scheduled Castes and Scheduled Tribes and Adlvasis Certain points have been raised by the Leader of the Oppos.lior as to the who have boon subjcct to inhuman justifiability of the Forty-Second Con­ atrocities in the past. In the Presi­ stitution Amendment. I would like to dent’s address there is no specific remind him that, although they have mention of measures to safeguard the plea that the Forty Second Am­ their interests in their economic, so­ endment has been made for the streng­ cial and political life. thening of the democratic fabric of our country, it is our feeling, it is our The organised working class is hap­ considered opinion, that it wos per­ py to know that the Government is petrated only to perpetuate the one- willing to amend the Bonus Act. But party rule and to perpetuate the it has not been specifically mentioned Emergency. Therefore, in the fitness as to whether this amendment will be of things, if they are really for the given effect to with retrospective strengthening of the democratic cha­ effect. Government should amend racter of our Constitution, they should the Bonus Act immediately and res­ not oppose any move from ihe pre­ tore the right to a minimum bonus sent Government for scrapping that of 8.33 per cent with retrospective Forty-Second Constitution Amend­ effect with effect form 1975. ment Act. Todav during the call-attention on I would further request you to con­ political prisoners, some statement sider that there is a new situation has been made, but the statement is now in the country. Ihe State Legis­ not specific and clear. As far as my latures in different parts of our coun­ knowledge goes, the State Govern­ try, after the poll results, have got ment of West Bengal recently made a no moral or legal claim to wield the statement wherein it has been said authority of the State. There should that more than 6,264 political priso­ be immediate elections in the States. ners are still behind the prison bars Unless that is done, the Governm ent in the State of West Bengal. There in the States will not have the con*- Motion of Thanks CHAITRA 15, 1890 (SAKA) on Address tm 134 Vice-President acting as President dence of the people to run the Gov­ ment of the people. It hni the unique ernments. leadership of Loknayak, Shri Jaipra- kash Narayan, to whom all my salu­ Thede are the few points which tations go. Democracy has taken a were lacking in the President’s Ad­ firm root in this country and will be dress. Even in this late hour, the a permanent feature in our We. Prime Minister or the other Ministers The ca tio n s are over and the Gov­ who take part in the debate can give ernment have settled down to busi­ these specific assurances to the House ness. I would like to remind you that and to the country, so that the people in spite of minority of votes, it is the can feel that there has be;*n a real Congress Party which managed to be change in our country and they can in power for thirty years.... If you also have the feeling of meaningful analyse the voting figures, it used to participation in the governance of the vary from 37 per cent to 42 per cent country. in favour of the Congress Party. But it is because of the multiplicity of SHKI P. K. DEO (Kalahandi): Mr. the opposition parties that they could Chairman, Sir, it was the biggest am­ be in power for all these thirty years. bition in my life to see a non-Congress Government at the Centre and evolu­ In all humility, in the name of God, tion of a two-party system, so that in the name of this ancient land Bha­ the monopoly of power could be wrest­ rat Versha and i:i the name of demo­ ed from the ruling Party. If the his­ cracy, I plead wUh our revered Prime tory of evolution of democracy in this Minister, respected Babujl, Sardar country is to be written, this1 will find Parkash Singh Badal and the various a place that, as early as 1948, after other components of the Janata Party placing all that we had at the feet of (o eschew all their di.'Tereices and to Mother India, I and Shri R. N. Singh bury them and try to forge a viable Deo raised the banner of opposition alternative to the C onfess Party and in the name of Ganatantra Parishad. to form one Party under one disci­ 1 am alive today to see this unique pline. This is because our experi­ spectacle, but he is not here, he is ence regarding SVD Governments has dead and gone. been very bitter in the past. In Orissa, we had ihe opportunity to In 1952, an attempt was made for share power with the Congress Party, th first time in the first Lok Sabha the Jan Congress Party and the Utkal for the polarisation of the opposition Congress three times, but the Govern­ parties in this House and the Natio­ ment did not run its full term. Taking nal Democratic Party was formed all these facts into consideration, I with Shri Shyama Prashad Mukher- again request the various compo­ jee as the leader and Shri R. N. Singh nents, the various constituents of the Deo as the Secretary-General. Janata Party, to forge into one party. Only in that case, they can fullil the For this magnificant election re­ aspirations and expectations of the sults, I salute the people of this great people. The President, in his Ad­ country, who during this emergency dress, has rightly pointed out about in their typical charactenst.c manner the evolution of a healthy two-party endured all hardship and sufferings, system and I hope it will jnaterialise indignation and humiliation and wait­ in the near future. ed for the appropriate time to undo "the wrong and have manifested their In this old land, a new era of free­ vitality and maturity in putting a dom has dawned which was eclipsed *ion-Congress Government in the Cen- during the emergency. There is r.o tfrei. This unprecedented j bloodless more the climate of suffocation, sus­ 'coup will go down in the history of picion and suspense, which in thof* th$ world as a magnificent achieve­ days vitiated the premises of Farl!*** 135 Motion of Thanks on APRIL 5, 1977 Address by Vice-President 136 acting as President [Shri P. K. Deo] tarian society we need not take a leaf ment House, anJ the Central Hall. The from Engel or Marx or Lenin. We Central Hall which used to be hum­ need not import the connotation of ming with various activities and in­ socialism from Moscow or Peking. tellectual discussion had the look of India is basically a socialist country. a ghost house. The whole country Bharat is not a Bhoga Bhoomi, it is was converted into a prison. We a Thyaga Bhoomi. The Isavasyopani- know that various atrocities and ex­ shad of the Yajur Veda says: cesses had been committed by the then Government during that period. I take this opportunity to give a few iT^ST : 'OnST t examples which will provide a peep­ hole to look into the ghastly pano­ It is our good fortune that the Prime rama o f the holocaust that was perpe­ Minister is the embodiment of all trated during that period. those values for which India is great to-day and I hope our objective would One, Shri Parsuram Satpathi, a be achieved in the Gandhian way. I budding journalist and a youth lea­ wish the Prime Minister all success der was murdered in broad daylight and I sincerely hope that what has in Bholangir and he was crushed to been mentioned in the President’s death by the jeep of the Youth Con­ Address will be achieved in the time gress and uptill now the truth has not schedule. been brought to light. The President has not dilated in his Shri Sarat Chandra Singh Deo, an speech regarding |the various socio­ MLA in my constituency, died in mys. economic programmes and the steps terious circumstances in the Inspec­ to be taken to remove disparities bet­ tion Bungalow of Rayaguda while he ween man and man and region and was on tour with the Estimates Com­ region. mittee and in spife of our request to the Chief Minister, nothing was done. In spite of 25 years of planning, there has been no impact on the west­ Shri Satya Prasad Mund, an inno­ ern districts of Orissa even though cent and respected lawyer of Bhava- that area has been endowed with vast nipatna was put behind the bars be­ natural resources. No employment cause some RSS pamphlets were found opportunities have been created ini at his place. Some students singing spite of 25 years of planning and all patriotic songs were put behind the the money has flowed to the coastal bars as MISA prisoners. The crime districts. Even peons, even clerks, ihty committed was that they were motor car drivers and cleaners are singing patriotic songs. Shri Natwar being recruited in that area from out* Paihan MLA was detained under side. MISA had a heart attack in the jail and in spite of my request to the Our demand for a second steel Chief Minister to release him, at least plant for which there was a Satyagra- on parole, nothing was done. So, in ha before the Prime Minister’s house the shape of an amendment, I have in which Shri Biju Patnaik also par­ made a request that an inquiry should ticipated, should be implemented as be made into the excesses committed soon as possible. It Is our good for­ by the various Chief Ministers during tune that the mantle of the Steel Min­ the emergency and appropriate ac­ istry has fallen on his bold shoulders tion should be taken against them. and I hope he will fulfil the genuine The President has reiterated the demand of Orissa. pledge of the Government to remove destitution within a time limit of 10 Then, Sir, the Indravati project yean?. To form a socialist ancj egali- which will irrigate 5 lakhs acres of , , , Motion of Thanks CHAITRA 15, 1899 (SAKA) on Address by 138 Vice-President acting as President chronically drought-affected western all political parties should be regis­ tered under the Society Registration districts of Orissa and also generate Act of I860 and their yearly account 600 megawatts of hydel power and should be audited and published with­ which *will go a long way to help putting up an aluminium plant due in the prescribed period oi one year to the availability of high-grade from the date of election. bauxite ore there, should be taken up. With these words I conclude. I stress all this because the Fifth Five Year Plan is going to be recast and SHRI NARENDRA P. NATHWANI with all humility I submit that this (Junagadh): The speeches on this should be given effect to. In the Motion of Thanks centre round main­ shape of an amendment to the Presi­ ly on two points—bread and liberty. dent’s Address to the Motion of Both are essential. In fact they ere Thanks to the Acting President, II complementary to each other. I shall suggested that it should be made deal with the question of liberty. mandatory for all Ministers and Mem. bers of Parliament to declare their It is most gratifying that i:i his Ad­ assets publically every year and to dress the Acting President referred to make them available for public scru­ the urgent need of restoring rulo of tiny. I think Government will give law and freedom of expression. He thought to it. also assured the nation that a number of measures were contemplated to Shri Morarji Desai was the Chair­ strengthen democratic functioning. He man of the Administrative Reforms also referred to the need for restoring Commission. Shri V. Shankar was the proper balance amongst, the three or­ Secretary and Shri H. V. Kamath was gans of the State-Executive, Judiciary also the Member of the Commission. and the Legislature. This stress on In the first Report they suggested democratic functioning is a corollary that an Institution like Ombudsman, to the issue on which the elections Lok Pal or Lok Ayukta should be in­ were fought during the last month. stalled soon to look into the people’s What was the issue? It was a dear grievances and complaints. As Shri specific single issue, namely, the peo­ Morarji Desai has become the Prime ple had to choose between democracy Minister, he should take the first step and dictatorship, distatorship of the to have the Lok Pal and the Lok worst type. There can be dictator­ Ayukt Act passed soon as recom­ ships of an enlightened nature. But mended by him. here it was of a fascist type What are the essential characteristics of a The previous Government never fascist type of dictatorship? In a fas­ gave thought to this. This Bill was cist type of distatorship the cry is for introduced. It continued for five ‘one leader, one party and one banner’ year* and ultimately lapsed. Taking and the erstwhile ruling party had into consideration all these facts, I adopted the slogan ‘India j:, Indira beg to submit that the Prime Minis­ and Indira is India’ whigh represented ter should give a serious thought to one of these characteristics of Fascism. this matter. We have now known how internal emergency was declared on 2")th June, Lastly, i would like to submit that 1975. The promulgation, was nnde. we are going to submit our Election And only after that the Cabinet meet­ Returns. We all know that Election ing was held and this step was approv­ Returns which we have to submit will ed. So, it was a decision taken by one be a false statement, because all of us individual, namely, the then Prime have spent much more than what has Minister of India. It was this issue been prescribed in law. So, I would of Emergency which was raised speci­ request the Law Minister to give a fically in a pointed manner without serious thought to this question that any ambiguity before the electorate 139 Motion of Thanks on APRIL 5, 1977 Address by Vice-President 140 acting as President [Shri Narendra P. Nathwani] MR. CHAIRMAN: All right. Let the and they gave their verdict by an hon. Member continue. overwhelming majority in favour of SHRI NARENDRA p. NATHWANI: the Janata Party and with Congress Sir, I heard the Leader of the Opposi­ for Democracy. The Leader of the tion to say that the people had reject­ Opposition himself said the other day ed only the emergency. But, Sir, there while participating in this Debate that are members of the erstwhile ruling people had rejected emergency and party and some of them, botn inside the attendant amendments of MISA and outside the House, who still try and Pre-censorship. to pass over, may even dismiss this verdict of the people by saying first SHRI A. K. ROY (Dhanbad): I have that the defeat was due to some ex­ got a point of order. The House does cesses committed by overzealous offi­ not have quorum. Both the Treasury cials and then tried to find some scape­ benches and the opposition benches goats and in this connection references are empty. Nobody is there in the made to the high personages namely House. The debate should be discon­ Sarvashri Bansi Lai, Sanjay Gandhi tinued. They should not neglect the and V. C. Shukla. How far it is trlit, speech of new Members. It should has to be examined by the persons not be the case that only when import­ concerned. It is not ♦hat a f^w isolat­ ant members speak everybody will be ed, casual, solitary instances were res­ there and when new member?: speak, ponsible for their rout in this election. nobody will be there. It will be only Suppression of the freedoms ard the discrimination. On this point I raise democracy was resorted to systemati­ my point of order. I propose that this cally and in an organised manner. Not debate must discontinue. only the Leaders of the Opposition THE MINISTER OF PETROLEUM parties were taken in detention but AND CHEMICALS AND FERTILI­ some Members of the erstwhile ruling ZERS (SHRI H. N. BAHUGUNA): I party in Parliament wh0 were inde­ respect the feelings of the hon. Mem­ pendent were also detained and thus ber that all members should, be pre­ the freedom of expression on the part sent here. But during the lunch hour of the ruling party members was also it (has been the practice, of this House suppressed. We also know how the* not to raise the question of quorum. press was gagged. So far as Treasury Benches were We know that the press was gag­ concerned, Mr. Shanti Bhushan was ged to a great extent. Let alone the here and he left only when I had come memebrs of the opposition who were and resumed my seat here. We are detained under MISA but even the taking note of whatever is being said genuine hardships were not allowed here. I am sure my learned friend to be published. I can give you inst­ will see that when the debate is repli­ ances after instances. Here, I would ed to on behalf of the Government all only quote one to show to what extent important points will be answered. the press was gagged. Sir, it was a However, I do hope lhat ill the Mem­ case of a village in n part of Sau- bers will be here. For lunch hour, rashtra, where people experienced you do not need the quorum. scarcity of water. In ‘PHTJL CHHAB’ published from Rajkot a news item MR. CHAIRMAN: Anyway, if the was published that there was scarcity quorum is challenged, the bells may of water and people were experien­ be rung. cing hardship and that the authorities should look into it. SHRI H. N. BAHUGUNA: I said that there was no need for the quorum But the censor officer came down during lunch hours. upon THUL CHHAB’ and toM them l 4 i Motion of Thanks CHAITRA 15, 1899 (SAKA) on Address by 14a Vice-President acting as President to take note that tills was emergency the Cabinet—though he was not bound and such news item should not be to do it. The Cabinet turned down published. When his attention was my application. I took the matter to drawn to the news item being correct, Bombay High Court. The matter was he replied that even if there was hard­ argued for 30 days before a Division ship such a fact should not be publi­ Bench. Shri Jethmalani and Shri shed, even if the trains were not run­ Palkhiwala argued the matter on ning according to time, people would behalf of myself and other petitioners. have to say that there was no delay Ultimately the judgement was given and hardship because during that in our favour permitting us to hold emergency there was to be no sugges­ the meeting. The Government of tion of any hardship suffered by Maharashtra preferred an appeal for people. stay which was granted by the Supre­ me Court. Technically the matter is still there. Personally, I believe that Sir, there were also restrictions in view of withdrawal of Emergency placed on holding of meetings. That and the subsequent e^e^ts, that have brings me to my personal case. In happened, that appeal would not be September, 1975, there was Maha­ heard and it would b? withdrawn. rashtra State Lawyers* Conference in But what is to be noticed is that it is Bombay. Lawyers from outside Bom­ not a few isolated acts of excesses bay were brought and given accommo­ alleged to have been committed but it dation by the Government. A handful was a systematic programme and an of lawyers from Bombay attended it organised comprehensive scheme to and they approved of the emergency. suppress liberties, to terrorise the I had gone abroad and just returned. people and then to gag thi press. The I am a retired judge of the High Court situation that prevailed at that time and I decided to call a meeting—a can be described in an Urdu couplet: closed door meeting—of the lawyers from Greater Bombay to consider in a constructive manner the civil liberties f TT f t 3? t t f 3-5^ and the rule of law under the Consti­ t ?fr •< f t f:Ht I tution. What I mean is this: when demo- Sir, it is interesting to note what cracv was smothered we, the lawers, happened? There was a notification could not discuss it in a meeting which issued at that time by Government was to be addressed among others by prohibiting the assembly of five or Mr. Chagla, the ex-Foieign Minister more persons without the permission of India and other judges. We were of the Police Commissioner. This was dubbed as spreading £edition, spread­ going to be a closed door meeting of ing treason and so on. lawyers only interested jr. the rule of law. That meeting was to be addres­ So, Sir, these alleged acts of excess­ sed by three persons—Shri M. C. es could not be oassed over merely Chagla, former Chief Justice of Bom­ as stray examples. If tlie public has bay High Court, Shri J. C. Shah, for­ expressed its condemnation, that con­ mer Chief Justice of Supreme Court demnation is directed against Emer­ and myself, former judge of the Bom­ gency and the reitfn of terror that bay High Court. I, for sake of caution, prevailed during those 19 months. This applied for Police Commissioner’s does not mean that wo do not believe permission. The Police Commissioner in discipline. We knovr that Jaw is a wise person. He saw no objection without liberty Is tyranny: Liberty to this meeting being held but he without law and order, without disci­ knew the cabinet might not like it. pline, is chaos. This is well-known. Therefore, he referred the matter to When we ask for restoration of c " ril 143 Motion of Thanks on APRIL 5, 1977 Address by Vice-President 144 acting as President [Shri Narendra P. Nathwani] ing advice from men Jike Acharya liberties or rule of law, it does not Kripalani or Jayaprakash ji? Such mean that we want to encourage indis­ analogy is puerile, Sir, with these cipline. That must be made very words I support the Motion of Thanks clear. to the President’s Address moved by Shri Karpoori Thakur. Sir, yesterday an hon. Member xrom the opposite side said that progressive measures by way jf L. nd reforms and Trmfa" ^ror'Tfa- sr, f irm hr sp^ft by way of social and economic changes 3ft % SfFPT alt’ll'I were thwarted by reactionary judicial system. I do not know whether that ^ % fat pT f I hon. Member knows about a full bench y (cihST % ^TH^ft^T ^t of 13 Supreme Court judges havjng been constituted in December 1975 to ipn* T O # ' 'JiHdi tivt*I<. ^t judges of the Bench asked the Attor­ ney General one relevant question: ^tt fesrr % “Can you give us a single instance STg eT ^t I I where a progressive measure—either economic or social—has been thwarted f W iim t/ wft p M M I by the Supreme Court or by any of i % ^rTcrr t o r * stm the High Courts?” No answer w es given to that question. So, Sir, what iff srrarct eft | is the use of indulging loosely in a % W t *!T3fr ^t W& Jf ?fk statement like this that the judicial system has come in the v/ay of econo­ Jr STT^T wx H=fr I SJTTIeT- mic and social progress. 'if faffa % 3^FeT f^fei ^ «ft f% 14 hrs. ^ -jim f%> ^Miei'T>idT?T % T{t *F, listened to the advice given by Shri srt ^t «tt 1 % ^TR^Kt Jayaprakash ji. Sir, we know the power that was exercised by Shri fffw-'TfOT? ^t *ft JTff «r i Sanjay Gandhi. He exercised extra- 5IT3T I f a 3PTeTT tTt€f constitutional power. He had no posi­ % VTRH Jf I ffRt «llei ^?t tion as such. His only qualification was that he happened to bo the son sHMef I, I I of the then Prime Minister and the highest authorities, namely, even Chjef STTST J' STSTTefW ^[eT Ministers are reported to have touched ?fT f t T^T | I Jf his feet and praised him sky high. How could you compare uch a case with that of members of the ruling f t W *TT, f ^ T R HX5PR % Y f t T ^ party—whoever may b> the ruling t 9TcT fleff «ft, party—listening to the advicc or *cek- 145 Motion of Thanks CHAITRA 15, 1899 (SAKA) on Address by 146 Vice-President acting as President * w*h.«t *TF5T ?TPT 1% 5IT O # % «PT I HW5T w % ^TTR% qr wfTcr f?nsftT sir* z i t ^ f r t wmj w^rft t • Tfaf 5f aldMW % 4>r4,'=Hi

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sfTT sffc 3 *T 13 'KttVd TTHfT % ^WRrR ft^T, 5|1t “FT fasft 3R | I T O T ftPfi ttft wmn wr i ^ ^r«r | ft> fk ^ R ^ t 'fl’iai “Pt ^ i srk aft^nrWV ^farr % *trrj $ r R ^ R ^ ^PRtWT ^ | I W ft tft q|T farfa | ^ *r ?tr ^ ftrq ^narR % %rr f ft> f t ^ R 5H7T; rft fvwpff % ^T '3VJT^T;T I ct>^ ^T TTRTT JTPTTcT P+m i ■will emerge is laudable. On economic ^tt 5=r% i ^ s % sr^rf % policy to evolve a policy of decentra­ lisation of agro-rural industry, of ^ «n: «ft ^ ^ ^ r m r doing justice to the rural class, to the ^TTtr, f^RT ?r 'SnCTarrfW agricultural class, giving them better 1^9 Motion of ThcLnks CHAITRA 15, 1899 (SAKA) on Address by 150 * Vice-President acting as President price and all that, all this is a laudable (o be that the resentment throughout statement in his Address. The only the nation wag algainst emergency. Some people say tfiat it is againsFThe I thing that hurt me in the speech was 42nd Amendment. If that was so, the a little sense of euphoria. That could people would have rejected the Con­ be se'eri when in the very first page gress on the 42nd Amendment throu­ there was an attempt to condemn ge­ ghout the country. But that has not nerally the previous Government and happened. I am not going into percen­ say that the verdict of the people of tages. What will be the conclusion? this country has gone against (a) pro­ Why has North in such an unanimous clamation of emergency by itself and (b) 42nd Constitutional Amendment. manner rejected the Congress? The answer is simple, i.e. the excesses com-< I beg to submit for your consideration mitted in the North angered the peo­ and that of the House whether this ple so much that it created a disgust analysis is really borne out by the in the minds of the people there. That facts. And immediately it is said that in the entire northern belt an aval- is why it ran through the whole North. anache, a flood, an earth-quake of re­ Therefore, while analyzing the situa­ sentment, discontent, dissatisfaction tion, unless we have a correct diagno­ and anger of our people went against sis of the disease throughout the coun­ the Congress because of the excesses try, we will not be able to provide a proper remedy. So, I wrill plead with committed during the emergency. No my friends on the government side to one can deny that. And the Congress, consider that the resentment is not as our leader has said, has to learn a lesson. If we do not, we will never against the 42nd Amendment by itself, be able to face the people again. So, as our leader has said. If there are I agree that there has to be an intros­ any defects in the 42nd Amendment— e.g. to-aay there was a proposition pection of looking within the heart by the Congress organisation. But when debated—and if you want to come forward with any concrete suggestion we try to analyse and say that this has been a vote against the proclamation which does not militate against the fundamental proposition viz. of supre­ of emergency under those circumstan­ macy of Parliament, we are willing ces to which i v/ill come presently, then we must remember that procla­ to consider and cooperate. Let us say this very frankly. Our attitude to co­ mation of emergency was for the whole country and not only for north operate with the government is there, because we feel and we sincerly hope and if the people were against emer­ gency, then people will have reacted that here is an opportunity where a democracy of a two-party system can in a similar manner throughout tfce country. Remember the other wave, get consolidated. And that is why we 1971 wave to which wave some of my are in earnest to cooperate. But, for this copperation, the climate must be friends like my dear friend Shri Ba- this: cooperation requires two hands. huguna was a contributory and bene­ ficiary and so our great leader Babu- Cooperation must be on both sides. It is never one-sided. There must be ea­ ji; then in that wave on the call of garibi hatao, on that promise, on that gerness on the part of the government assurance, on that hope the entire also to have cooperation. Otherwise country had reacted from Kanya- when we say, “we will cooperate'’, kumari to Kashmir, from Bombay to if you say, “ Who cares for you?”, how can we cooperate? Bengal, from Goa to Gauhati, the whole country reacted in the same manner except Tamil Nadu where the In the very breath of offering co­ issue was local and not a national one. operation, no one from our side has That one can say, that the reaction of said: “Forget and forgive/’ I do not the whole country was the mandate of know whom you are quoting. I have the whole country, f It does not appear not known anyone saying, “Please I j l Motion of Thanks on APRIL 5, 1977 Address by Vice-President 152 acting as President T [Shri Vasant Sathe] he agitation for an enquiry, how­ ever, continued and the Pradesh forget and forgive.” Yet I find spea­ Congress Committee obtained th® ker after speaker on the other side support of Shri saying: “No. We are not going to for­ and Sardar Saheb. Both of them get; we are not going to forgive. What wrote to Balasaheb in this connec­ do you talk of forgetting? Can we tion. Sardar Sahib had written to forget the atrocities, can we iorget say that, as many people were ask­ those who died in jails, can we forget ing for a judicial enquiry, we should those whom you have shot here in think oir getting such an enquiry Turkman Gate?*’ We say: “Please made and as the police were not at don't forget.” Therefore, don’t also fault at all theid was no reason to forget the past. I would like now to worry about the results of the en­ quote something about the attitude of quiry. Balasaheb felt, ra h e -’ woili­ no less a person—I am thanakful that ed and asked me what his reply to the hon. Prime Minister has come just the leaders should be. I said that at the right time. I do not want to there would be only two possible say something behind his back. When solutions in this matter. He could we say, “ don’t forget*’, don’t forget the either write to Delhi that such an attitude of our worthy Prime Minister ■enquiry was not proper as it would towards firings, killings and shoot-at- causa a great deal of damage, or al­ sight. You, Sir, will find this in his ternatively, I could resign and let autobiography, volume one, page 255— him make an enquiry.” at that time he was the home minister of Bombay State. I quote: Then, at the end of this, he says:

“During this period, a communist “On receiving this letter, Jawa- labour union had created a distur­ harlalji and Sardar Saheb informed bance in Amalner city; and the po­ us that they had n° intention of in­ lice had resorted to firing while sup­ terfering with our right to take de­ pressing the disturbance. 8 or 9 cisions in such matters and that they persons died during the police fir­ only wanted to tell us what had ing.” come to their nottice. They, there­ fore, said that they would leave the Then in the next paragraph it is stat­ decision to us.... ed thus: There were many other unplea­ “The Maharashtra Provincial Con­ sant occasions when firing had to be gress Committee and its president resorted to while quelling anti-gov­ demanded a public enquiry into the ernment disturbances during my firing at Amalner. The communists tenure as Home Minister in Bombay and some others had already made State up to 1956. But after this in­ such demand...... cident, the Central Government did not make any suggestion for an in­ Another quotation: dependent judicial enquiry.” “If the police, whose work on such occasions was difficult, were not gi­ Then came the famous occasion of ven protection, then those who crea­ Sanyukta Maharashtra Agitation in ted disturbances would get encour­ Bombay and our worthy Prime Minis­ aged and succeed in their mischie­ ter was then the Chief Minister. In vous aims. If the police became de­ that firing, according to him, 84 per­ moralised it would be almost im­ sons were shot and killed, but people possible to control such disturbances. say that 105 persons were killed. I I, therefore, refused to take any will not go into that. But what were further action in the matter. the facts? I will quote Shri C. D. i5 3 Motion of Thanks CHAITRA 15, 1899 (SAKA) on Address by 154: Vice-President acting as President Deshmukh, not known to be biassed great Chief Minister of Bombay dis­ or partial, progressive or reactionary. cover it? If he discovered it after I am quoting from page 819 of the de­ the incidents took place, then surely bates of 25th July 1956, where Shri C. it is no testimony to the efficiency D. Deshtmukh says: of his police.”

“There is evidence to show that Further on, he says; they were instructed by the Chief Minister to shoot at sight and to “In his second statement, he has shoot to kill, that the deliberate use said that there has been no indis­ of tear gas before intended firing criminate firing. I have here a brought out women and children newspaper, the copies of which have from their rooms choking for breath, been, so far as I know, taken posses­ only to be shot down by the indis­ sion of by the police in Bombay, criminate firing of the police, using and in which the names of 69 persons tommy guns, firing several rounds occur and a description is given as to the second, that there were 2,500 to how they received these wounds. rounds fired, resulting in 80 persons Out of these 69, the Lok Sabha will dead and 450 injured, that the police be surprised to know that 23 are injuries through stones and acid non-Maharashtrians. There are bulbs were insignificant and not con­ Sikhs, Gujara’ ies, Manvaris and temporaneous with the firing epi­ there are people from other com­ sodes.” munities. The nature of the wounds and the place of the body on which I would further like to quote on this the wounds have been received have very occasion a speech, when an en­ alsn been mentioned. The wounds quiry was asked for, and Shri Morarji have been received from the eye to persistently refused even to hold a the toe. They have received wounds judicial enquiry into those killing, while on the street, while they were when the matter was raised in this in ihe room and while they were on House, when Shri V. N. Gadgil had the terrace. They range from a boy spoken on this subject. I am quoting of 14 to an old lady of 64.” from page 468 of the debates of 21st February, 1956. Therefore, when you. say “don’t forget ', we also say to you “don’t forget". I quote: If a Chief Minister feels that there is “When I read this morning that danger of a city being taken over and the Chief Minister stated that there therefore he can order shooting at was a plan to overthrow the Govern­ sight, indiscriminate shooting by the ment and to take the city by force, police, killing people who can never though he has not named by whom, go back to their families as the 14- I felt it was a serious statement. If year old boy, then, if there is danger that is true, then in the interest of felt to the whole country, to the the public and in the interest of the Capital . . . (Interruptions). The Prime future of this country, it is necessary, Minister is going to re^ly at 3 O’Clock. that an enquiry by, or presided over Have some patience. by, the highest judicial authority in this country should be instituted.” The assessment of the previous Prime Minister might have been com­ Then he further goes on to say: pletely wrong. You can make that al­ legation, I am not questioning your “ Now, was there a real plan? If right. All I am saying is that when al­ there was a plan, when did the legations of mala fides were made I 55 Motion of Thanks on APRIL 5, 1977 Address by Vice-President 156 acting as President [Shri Vasant Sathe] that stone just missed the mark. (Interruptions) I therefore, submit for against him, he held ground say­ your kind consideration that this was ing that he thought that there was the background of the action on 25th. danger to the city and therefore they The background of the situation un­ resorted to firing. I think he will der which action was taken on 25th stand by that action, unless he has which was rejected by the people has changed his mind. no bearing for emergency as such. It THE PRIME MINISTER (SHRI MO- was for the excesses committed in a particular part. That is a fact and RARJI D E SA I): I have not. we agree. Now, I come to our great SHRI VASANT SATHE; I know you leader Sh~i George Fernandes. (Inter- will not, you said it at a public meet­ ru />[. o' ing aiso. In Madras, while speaking on March Can you, in the same breath, say, 2f), 1074, Shri George Fernandes, when a call is given at a rally of five exhorted railway men. lakhs at Ram Lila Maidan to people SHRI MORARJI DESAI: May I to go and surround the house of the know what is the time limit? (Inter­ Prime Minister.... ruptions) . SHRI MORARJI DESAI: That is wrong. SHRI VASANT SATHE: Shri Raj Narain spoke for about two hours. SHRI VASANT SATHE:...... and Shri George Fernandes also spoke for asking the police and the army to dis­ some time. You cannot give me 30 obey whal they consider to be un­ minutes? (Interruptions). lawful orders...... (Interruptions) I will quote this and ^ e n finish. Yesterday, when Mr. George Fer­ (Interruptions). nandes was speaking, we kept quite. Now, you should have at least the SHRI S. KUNDU (Balasore): On courage and courtesy to hear me. You a point of order. may not agree with me. If the police and the army should not obey orders SHRI VASANT SATHE: You quote which they at least considered as un­ the rule under which you rise to a lawful, who wrill decide? (Interrup­ point of order. tions) I asked the great leader Mo- rarji Bhai, who was also the Home SHRI S. KUNDU: I draw your kind Minister, who was to decide about it. attention t o .. .. (Interruptions). Can the police decide about the order I am raising a point of order. given by the superiors as illegal? If (Interruptions). when he gave his order to the police to shoot at sight in Bombay, were the SHRI VASANT SATHE: He must police to say that they would disobey formulate a point of order. it, could he have agreed? We must have some standard. Here was a situ­ MR. CHAIRMAN: You have already ation in the country in the back- finished your speech. (Interruptions) round of what had happened in Guja­ Therefore, he cannot raise the point rat where the elected legislators were of order now. forced out in the name of some samiti. This was followed by burning rails SHRI S. KUNDU: The Janata Party and disturbing meetings by throwing will give maximum opportunity to the stones. I myself have been a victim of members of the opposition to speak stone throwing in Gujarat. I would here. The Janta Party is proud that have been killed but for the fact that the1 right to speak is restored to them. 157 Motion of Thanks CHAITRA 15, 1899 (SAKA) on Address by 158 Vice-President acting as President I want to say one thing. What I He continued to say: have been observing from yesterday is that when you are in the Chair, “All forms of struggle including -sometimes I find that some people satyagrahas, strikes, sabotage, guer­ speak for 45 minutes to an hour. illa action is legitimate.” Today, the Deputy-Speaker specifically gave the ruling that no Member should This was the belief. They wanted to .speak for more than 5 or 6 minutes so paralyse the transport, create situa­ that most 01 the Members could be tion similar to one which was created covercd. I find, the hon. Member, in Chile and bring about the collapse Mr. Sat he. is speaking for quite fr-ome of the Government. You know what time. Sometimes, he is Quite irrelevant. happened in Delhi after this and whose You are giving him so much time .. . hand was behind. With situation (Interruptions). similar to that of Bangladesh, *vhat democracy would have survived in SHRI VAYALAR RAVI (Chirayin- this country? Therefore, I would say, k il): Let them study the rules first don’t forget and don’t forgive; let us and then raise points of order. It is not concentrate on the basic recons­ our time; it is not their time. (Inter- truction of this country; don’t do all ruptions). this; all that you have to do now is to keep on harping on one thing— SHRI VASANT SATHE: I am con- ‘Atrocities, Atrocities'. 'Cluding. 14.45 lirs.

I was quoting Mr. George Fernan­ IKumarj Alita ^Iaiti in the ChairJ des. He said; I congratulate you, Madam. At lerst “Realise the strength which you one lady here could take the Chair. possess, Seven days strike of the In­ In the light 01 the ot1 i1udc of Mr. dian Railways will cause every ther­ Morarji Le^ai waj rei! ji'alcd to ihe mal s;a‘ !on in the country to close ladies today that he lioes not consider down. A ten days strike of the In­ any woman worthy of holding any hi^h dian Railways—every steel mill in office, I don't know how you are India would close down and the in­ there! dustries in the country will come to a halt for the next 12 months. If MR. CHAIRMAN: Please come to once the steel mill furnace is swit­ your point. ched oil, it takes 0 months to re-fire. A 15-day strike in the Indian Rail­ SHRI VASANT SATHE: I am com­ ways-...the country will starve.” ing to it. I will be very happy when the Jana­ Then, in an interview with i(Der ta Party comes into existence. Today SpiegaV’ published in its issue of 12th there is no Janata Party. Today the April, 1976, Mr. George Fernandes ad­ Janata Party is an embryo: it is still mitted that he had built up an under­ in conception. A conception of 19 ground organisation an ,[Mr. Deputy Speaker] 31st January, 1976. This was done in pursuance of a report received from J shall now put all the amendments the Governor of Tamil Nadu, in together to the vote of the House. which grave allegations of corruption and mal-administration were also- All* the amendments were put and made against the Government headed negatived. by Shri Karunanidhi. The President’s Rule was again extended for a period MR.DEPUTY-SPEAKER: The ques­ of six months in September, 1976 by tion as: another Resolution of the Parliament. Before the expiry of the last exten­ “That an Address be presented sion, the previous Government moved to dihe Vice-President acting as a Resolution in the Rajya Sabha on President in the following terms.— 1-3-1977, for the continuance o f “That the Members of Lok President's Rule in that State for a Sabha assembled in this Session further period of one year with effect are deeply grateful to the Vice- from 10th March 1977 which also was President acting as President for accorded approval. The legal position * the Address which he has been is that as the resolution for extension pleased to deliver to both Houses of Proclamation has been passed by of Parliament assembled together Rajya Sabha for the continuance o f on the 28th March, 1977.” President’s Rule, a resolution by Lofc Sabha to the same effect is necessary The motion was adopted within 30 days of its 1st sitting after re-constitution.

15.31 hrs. According to the amended pro­ visions of article 356(4) of the Con­ STATUTORY RESOLUTION RE stitution of India, the period of exten­ CONTINUANCE IN FORCE OF THE sion of Presidents Rule now stands PROCLAMATION IN RESPECT OF raised to one year. This is, however, TAMIL NADU only an enabling provision, because the Proclamation in this regard can THE MINISTER OF HOME AFF­ be revoked at any earlier time. I do AIRS (CHAUDHURI CIIARAN not wish to go into the merits of SINGH): imposing President’s Rule in Tamil SIR, I beg to move: Nadu nor into the justification for extending it indefinitely. Our Govern­ ment is committed to restoring nor­ “ That this House approves the malcy and early popular rule in the continuance in force of the Pro­ States under President’s Rule. clamation, dated the 31st January, 1976, in respect of Tamil Nadu, Hon’ble Members would bear with ' issued under Article 356 of the me that it is not possible to revoke Constitution by the President, for a the Proclamation without holding further period of one year with effect from the 10th March, 1977” . Elections in the State, since that would mean an administrative vaccum. It will be the endeavour of Government As Hon’ble Members may be aware to have elections in Tamil Nadu in the Proclamation under Article 356 the course of next few months. I o f the Constitution in respect of Tamil would, therefore, request the House Nadu was issued by the President on to pass the Resolution for continuance

♦Amendment negatived; Nos. 1 to 5, 26 to 91, 102, 103, and 160 to 162. *77 Re• continuance in CHAiTKA id, iww w a a a ; jorce oJ I'rovuLvuuivn 175 in respects of Tamil Nadu (St- Res.) o f President’s Rule for a period of those cases. It is for the judiciary •one year, so that administration could to give verdict that Shri George continue to function till a popular Fernandes and Shri Subramaniam •Government is in position. Swamy were innnocent or not. If they are proved innocent, then it is 1 With these words, Sir, I commend well and good. But it is for the the Resolution for approval of this judiciary to come to the conclusion House. whether they are innocent or not. If is not for the executive to decide this. MR. CHAIRMAN: Resolution mov­ Because these two gentlement ed: happened to be elected on Janta Party “That this House approves the ticket, should the cases against them cont; .uance in force ol the Pto- be withdrawn? Thero are thousands c) aation dated the 31st January, of cases against innocent and poor 19/6, in respect of Tamil Nadu, persons in other parts of the country. issued under article 356 of the Con- But those cases have not been con­ situation by the President, for a sidered by the present Government. further period of one year with Let not the withdrawal of cases effect from the 10th March, 1977 * against Mr. George Fernandes and Shri Subramaniam Swamy as happen­ 15.34 hrs. ~ ed at the Centre be repeated in Tamil Nadu where there are cases against [Kumari Abha Maiti in the Chair] the erstwhile Chief Minister and SHRI P. KANNAN (Salem): other Ministers, becuase you have Madam Chairman, President’s rule ih won three seats in Tamil Nadu in Tamil Nadu is being extended but alliance with the DMK. I do not "the people of Tamilnadu want an think that you will get even one seat •early poll. I should request the con­ in Tamil Nadu State Assembly Elec­ cerned Ministers to hold early elec­ tions if the cases against the persons 1 tions because we should like the same belonging to DMK were to be with­ Jesuits now as we have got here. drawn. The desire of the Tamil Nadu We also want that there should be people is not to withdraw the cases no withdrawal of any case. Charges- against them. The Sarkaria Commis­ heets and trials are pending in courts sion has given findings on 7 charges. in Tamil Nadu against some of the Action must be taken against the per­ Ministers and M.Ps. All corrupt sons and they should be punished. persons should be brought to trial. Action should also be taken on other I request the Central government not cases that are pending trial. After to withdraw any case. This is what the President’s rule in Tamil Nadu, was done in respect of Mr. George all the labourers have been paid Fernandes and Shri Subramaniam Wages, the bounded labourers have 'Swamy. This Government should been released and rescued during the assure us that there will be no inter­ Congress regime under the leader­ ference in judicial matters; in fact ship of Shrimati Indira Gandhi. The they assured the people that they hill tribes have got the benefits by would not do so but the first act done way of implementing the 20-Poim by the Janta Government was to programme in Tamil Nadu. All the withdraw those cases. I do not think cases that were not detected during that they are doing justice to the the previous Government have beer judiciary. We want no interference detected and discovered during the with the judiciary and we told the President’s rule. The Statewidt r Congress Party government and Mrs. sensational case called the Poolavarit Indira Gandhi also that they should double murder case—where a fathet* not do so. But the very first act of and his son were murdered—in which this government was to withdraw Mr. Karunanidhi was involved was not pursued. Mr. Karunanidhi Re. continuance in force APRIL 5, 1977 of Proclamation in 180 respect of Tamil Nadu (St. Ibas.) [Shri P. Kannan] in him are strengthened. Recognis­ ing the inherent lacauna in the screened the offenders but the case geographical distribution of seats won- was treated as undetected. We gave by the Janata Party in the last elec­ a petition to the Prime Minister, tion, he has hastened to assure the Shrimati Indira Gandhi, when she people of the south that he will be visited Tamil Nadu. At the instance, considerate towards them and see that special police were deputed to detect their interests are safe in his hands. the case. Now, the case has been He claimed that his is a national gov­ detected and the persons responsible ernment and no segment of the were chargesheeted in whiih the population will feel orphaned. This District DMK Secretary is an accused. is a welcome assurance, taking a The people of Tamil Nadu desire that realistic view of the results of the the proceedings and pending trials election, unlike some Janata members should continue and they should not who fell foul with us when we point­ be withdrawn, as has been done in ed out that very fact. But mere the cases of Shri George Fernandes assurance is not enough. Government and Shri Subramaniam Swamy. Pro­ should think of some institutional ceedings of the pending cases against arrangements and spell them out so- all the DMK Ministers and others that the above assurance is translated should not be stopped. We will be into suitable action. He has a^so supporting the Centre for all pro­ assured the State Governments that, gressive measures that they may take, he will be even handed in dealing otherwise, we will not be supporting with them and also he will not in­ your Government. dulge in securing defections or toppl­ SHRI O- V. ALAGESAN (Arko- ing State Administrations. This is. nam ): Madam Chairman, I welcome also a welcome statement of policy. this Resolution because it is to fill the gap in the present difficult situa­ But what do we find? Already at. tion. The question is as the elections party level and governmental level cannot be held here and now, Presi­ efforts have started to secure the dent’s rule has to be extended. As defection of the All India ADMK from per the Resolution brought forward its electoral alliance with the Con­ by the Home Minister, President’s gress, CPI and Muslim League and rule is to be extended for one year. get it attached to an alliance with the But I am glad that the Minister has Janata Party. The leader of All India clarified that it does not mean that ADMK in Parliament is being wooed. the President’s rule will go on for The General Secretary of the A ll one more year and the elections India ADMK, Shri M. G. Rama- would be held as soon «*s possible. In chandran, is being pursued and this connection, I would like to say passionately wooed because the re­ that I have heard the Prime Minister’s alisation has dawned on the Janata broadcast to the nation yesterday. It Party that when they clubbed them­ was a welcome one and it was marked selves with the DMK in the last by wisdom and humility. It looks to elections, it was an embrace of death.. me that he is a changed man now. Now they want to retrieve the situa­ He has to live down several of his tion by aligning themselves with the past reputations. I think he will be All India ADMK. Is this not an- slowly doing it, which can be inferred effort at defection? On the other from the way he took bacK his com­ hand, the DMK leader is rather afraid ments that he made on women in and he is giving a hot chase to the general and from what he said on the Janata Party so that he may retainr radio yesterday. I hope he has their friendship so that he may get » changed. We are interested in seeing few more seats in the Assembly that the trends of change taking place election tomorrow. But I, think the* l 8l Re. continuance in CHAITRA 15, 1899 (SAKA) force of Proclamation 182. in respect of Tamil Nadu (St. Res.) Janata Party has learnt its lesson and Sarkaria is not enough. Of the total will not have any more truck with allegations Mr. Sarkaria chose 28 and the DMK. Even on the eve of the it took one year for the Commission last| election, we do not know whether to complete enquiry into seven allega­ this alliance was struck on the initia­ tions. Now there are 21 more allega­ tive of the local leadership or tions and they are very important and whether the local leadership was very complicated. I would like to read* over-ruled by the All India leader­ these 21 allegations. They are: ship and they were advised to have this alliance. But let us wait and 1. Mekala pictures. 2. Anjukcm see whether the Prime Minister keeps Pictures. 3. Gopalapuram his promise and refrains frcm House. 4. Anjukam Pathi- weaning the All India ADMK away pakam—Murasoli. 5. Son’s from its present stand or tries to force house, Tiruvarur. 6. Dharma. that party into an alliance with the 7. Vaidyalingam. 8. Veeranam. Janata. That is a project to bring drinking water to the city of Madras from Veeranam lake. The Prime Minister has also said Crores of rupees have been that an autonomous machinery to swallowed in that. 9. JKK probe charges of corruption or misuse Angappa Chettiar. 10. Sama- of office at all levels is proposed to yanallur Power Station. 11. be established. The statement Is not Sugar scandal. 12. V. S. T. quite clear. The other day the Home Mudrliar. 13 Amirtham. 13. Minister said, he will have three Kodai-Palani Road. 14. Pri­ separate enquiries conducted into vate Trusts. 15. Ar.bil Dhar- Maruti, Nagarwala episode and malingam. 16. Aditanur Ve- charges against the former Defence llandu Bank. 17. Trade Union. Minister, Shri Bansi Lai. I want to 18. Intimidation of Press. 19. know whether the Prime Minister’s Misuse of State machinery for statement supersedes that of the party. 20. Police excesses. 21. Home Minister or whether the Sakthi Pipes, autonomous body is an addition to the bodies mentioned by the Home These are the 21 allegations that are Minister. This may be made clear. yet to be enquired into by Mr. Sar­ karia. So to say that Mr. Sarkaria should complete his enquiry into all Again I am thankful to the Prime these allegations which are very com­ Minister for giving a categorical plicated and which are having rami­ assurance on the ifoor of the House fications within that short period that the Sarkaria Commission of f cations withi that short period Enquiry will be continued. year to enquire into only 7 allegations, I warded to have such a categorical I would submit is not realistic. I do assurance because the term of the not want the Government to ask Mr. Commission came to an end on 1st Sarkaria to hasten' with the enquiry. February this year. So, unless the I want that Mr. Sarkaria should be term of the Commission is extended, given more time so that he completes it will not be possible for it to go into the enquiry. Now it is for the Gov­ the other allegations made against the ernment to take action. erstwhiie DMK Chief Minister and the erstwhile DMK Ministers. If I heard the Prime Minister aright he said that I entirely agree with the Prime Min­ he had asked Mr. Sarkaria to com­ ister that discipline should not be im­ plete the enquiry within a period of posed from outside but it should be four months. I would like to submit self-discipline. That is what Gandhiji that the time that is allowed to Mr. had said. I would be excused if I say* ax83 He. continuance in force APRIL 5 1977 , D . n ilj 5’ 1977 0/ Proclamation in 184 respect of Tamil Nadu (St. Res.) [Shri O. V. Alagesa^J the janata meal which was being sup­ rthat it was the Janta Party which was plied for one rupee flias been given up .responsible for creating conditions of by the hoteliers in the city of Madras indiscipline in the country which and elsewhere. This has caused great brought about the then much needed hardship to the ordinary people and to emergency. Now emergency has been the poorer sections. I am not able to lifted. Several things have happened know the reason why this healthy in the State of Tamil Nadu after the change which was introduced during lifting of emergency and I would like the Emergency—this is not a case of the Government to take note of them arresting persons or putting them in because they are straws in the wind. jail—has been given up. The Home There was a bus strike to which the Minister may perhaps taken the trou­ hon. Prime Minister made a reference ble of finding out and seeking that this while replying ,to thesf discussion on at least is restored. the Motion of Thanks to the President for his Address. I do concede that the I have already spoken about the electricity department which is in a workers employed in the transport cor­ very very bad way. It requires a poration may have had pent-up grie­ vances. But what happened is this: thorough overhauling. I am sorry to •one driver was transferred from one say that the Advisers’ regime did not depot in the city of Madras to another have time to look into this. It so and immediately, there was a strike. happens that on the day the new Min­ Thousands of students who had to ister of Energy who hails from Tamil .write their examinations were incon- Nadu—I wish him well and wish him - venienced. Many more thousands of success—was taking his oath of office, others going to offices and other places news came in that there will be a were inconvenienced. People were further cut in the electricity supply. talking in the streets that this was There was already a 30 per cent cut. the first taste of the Janata govern­ ment. I do not decry anybody. I am They now propose to make it a 50 only pointing out that these are straws per cent cut. I am told that the cut in the wind. The bus strike provided is now 40 per cent. Madam Chairman, a certain amount of disillusionment to you know that this is summer and the people in the city of Madras who that for having good crops, it is neces­ returned two non-Congress candidates sary for the pump sets to be working v out of the 3 constituencies. well, so that the standing crops do not wither away. (Interruptions) I am not saying anything against your gov­ ernment, or against Mr. Ramachandran. Then there was another incident. Immediately after the lifting of the He has started well. He said that he will look into the ongoing projects, Emergency, some 30 or 40 students assess them and see what can be done; stormed the room of the Vice-Chan­ So, I am bringing this to his notice, cellor in the Madras University. They even though he may not be here now. did not even seek permission for an It is very unfortunate that on the day interview. They just went there and of his taking the oath (Interruptions) demanded an interview, got into his a further cut was announced In the room and wanted that all examina­ supply of electricity. The reason why tions should stand postponed. Natur­ I am pleading thus is that the Neyveli ally, the Vice-Chancellor was not able projcct has produced 75 per cent more to give an immediate answer. I beg power this year, than last year. Most to think, Madam Chairman, that if of it is being supplied to Tamil Nadu. campus indiscipline again spreads, it When that is the case, there is not will not be to the good of the country, much convincing reason wh!y this cut and to that of the younger generation should be continued in the first instance of this country. Again, J. am told that 18$ Re- continuance in CHATTRA.IS, 1899 (SAKA) force of Proclamation . m respect of Tamil Nadu (St. Res.) and, secondly, why it should be in­ tions, alliance, Janata Party etc are creased further. So, I would like the not relevant here. hon. Minister to look into the matter. b Becaiise, we read in the newspapers SHRI O. V. ALAGESAN: Perhaps that he is visiting Madras on the 9th the hon. Minister is not well acquaint­ of this Month and he is going to have ed with the practice in this House. It discussions with the officials of the is customary, it is usual during such , Electricity Department. That is why discussions to make reference to these 1 am urging that, he may have a good things. We can say that such and look into the power projects of Tamil such things should be done and until Nadu and try to improve matters. the elections are held it is for the Government here to deal with those I would like to say a few things things, because Parliament is in charge about the imperative needs and re­ of the administration of Tamil Nadu. quirements of m y constituency. I have In fact, the previous Home Minister been pleading for a long time for a was presiding over a Committee of bridge near Pallipet on a road which IVlPs cn Tamil Nadu, which was look­ is an inter-State road connecting Tamil ing into these matters. In fact, the • Nadu with Andhra Pradesh. The peo- other day in my speech I requested ‘ pie have been put to much difficulty the Government to see that this Com­ there for want of this bridge on the mittee of MPs on Tamil Nadu should river. Though the Central Govern­ be set up as early as possible. So, I ment was willing, the DMK Govern­ am very relevant when I am urging ment was not recommending the work these things. This refers to the ad­ to be taken up. Now that there is ministration of Tamil Nadu and they President’s Rule, which is being sought have to do all these things. The Home to be extended for a short while, I Minister has to take note of them and hope the Advisers’ regime will see its see that these things are done. way to recommend this work and see to it that it is taken up immediately. 16 hrs. There is also a proposal to establish I am coming to a temple. The other a sugar factory in Tiruttani Taluq in side answered back saying that we my constituency. That has to be clear­ are aware of Narasimhavaira where ed by the Central Government because the Lord Himself took the shape of of which the project is being delayed. both a man and an animal. So, why I hope the hon. Minister will ask the should they be very much ashamed of concerned Ministry to see that this being called an animal? In this tem­ proposal to establish a sugar factory ple, the presiding deity is Lord Shri is cleared. Lakshmi Narasimha. It is a very There is a very famous temple in beautiful temple. Many pilgrims and my constituency at Sholingar. The tourists go there. I want that a road’ hon. Prime Minister felt offended when should be made and a * winch should the Leader of the Opposition called be provided so that all people may the Janata Party a strange animal, and reach the temple and have a good a reply came from the other side that darshan. it is something like a .... The hon. Education Minister made CHAUDHURI CHARAN SINGH: I a statement today. It was a prelimi­ do not know what the hon. Member is nary statement Naturally he cculd speaking about. The House is now con­ not go in any depth int0 the various sidering a very limited question just matters that have to be looked into by now, whether there should be an ex­ him. I have no grievance about that tension of the President’s Rule or not. but I would like to draw attention to That is all. All questions about elec­ a brochure published by the expert 187 continuance in force APRIL 5, 1977 of Proclamation in 18 8 respect of Tamil Nadu (St. Res.) [Shri O. V. Alagesan] ing the period of the DMK regime. from 1972 onwards, we had the miser­ body, ihe National Council of Educa­ able experience of finding all drought tional Research and Training, where relief money being channelled into there is discrimination made in the pockets other than those intended, with teaching of English between non-Hindi resulting loss to the State as a whole. . and Hindi States. It has been men­ Therefore, on this occasion when we tioned in that brochure that the teach­ are discussing the Resolution for ex­ ing of English in non-Hindi States can tending President’s rule, it is but cor­ start from the ninth standard and that rect and meet that I should draw the too for two periods in a week. On attention of the new Government to the other hand, they have said that this very important problem, so that the teaching of English could start in it is immediately taken up by the hon. the Hindi-speaking States from the Minister through his agencies and put : sixth standard and will be taught for on a war footing. five periods. I drew the attention of the erstwhile Education Minister also to this very great discrepancy and the As a result of this, 4here ’will be a discriminatory treatment that has been lasting eflect. It is not that wt only meted out to the Hindi and non-Hindi want our agricultural labour to get *-States. He said that he would correct employment by digging earth work 1he discrepancy, that he *would declare roads here and there but the long a new policy. So, I would beg of the distant perspective on irrigation new Education Minister to study this schemes. That work can be under­ m?tter, I would not hustle him, and taken as drought relief work so that see that this discrepancy is removed on the one hand, we will have income and "hat in the matter of teaching through employment for agricultural English to the boys, whether they arc labour and on the other hand, we will in the Hindi States or non-Hindi have already this ground work of new * States, the same poliqy is followed, irrigation schemes. and that there is no discrimination. Apart from that, I would like to \Viih these few words I support the draw the attention of the Minister to Resolution moved by the hon. Home the fact that there was a problem of Minister. sinking bore wells in the drought aveas. These give enough water and the SHRIMATI PARVATHI KRISHNAN water is available as drinking v,at?r (Coimbatore): I thank you very much for the villagers. But when the ex­ ' for giving me this opportunity of say­ isting bore wells go out of order, then ing a few words. there is no arrangement for mainten­ ance so thnr they continue to fund ion properly. The water is there; the bore At the risk of being told that I am well is there and the statistics are c it of order by the hon. Home Minis­ there, but because th^ bore well is out ter, I would like to take this oppor­ of order, the water is not there as tunity of drawing his attention to a drinking water for the villagers. There­ few very important and urgent pro­ fore, it is extremely necessary that, blems that exist in my State today. immediate steos should be taken to solve this problem. For the simple First and foremost is the fact that reason that these pump sets were given in Tamil Nadu more than in any other on contract to a particular firm out­ State in this country, we are beset by side Tamil Nadu against the advice of the problem of drought of very serious the officials by the erstwhile Karuna- • proportions. This is a continuation of riidhi Government and the whole the drought conditions which have matter was not handled properly. The becrn thfre for a very long time. Dur- mechanics who are responsible for see­ t « 9 Re. continuance in CHAITRA 15, 1899 (SAKA) force of Proclamation 190 in respect of Tamil Nadu (St. Res.) ing them function properly do not to them so that that industry can prosr bother about it. Then there is a com­ per once more as in the past. mission which is also looking into it. -Meanwhile, please take up the work There are a series of lock-outs in the o f maintenance of existing bore wells glass and enamel factory in Salem, in and drought relief measures for the Metres Instruments in Madras. And people of my State, if they are to certain mills are closed in my own receive any relief whatsoever. constituency of Coimbatore either lor financial reasons or for other reasons. Then there is a problem for the There is the Lotu s Mill. They ha!?dloom weavers which we raised made a request for financial .also in the form of an amendment to assistance from the banks that the President’s Address. The Prime was necessary to get it going. I hope Minister, when replying to the debate the Minister will see that this is im­ on ths President's Address just escap­ mediately looked into so that in this ed by saying that we are new; we period our workers are guaranteed do not know all the problems; we have employment and the normal and de­ rto study problems. So, I can, in all mocratic system of our country con­ humility, bring it to the notice of the tinues to function smoothly as a result Home Minister, this problem so that of the elections which were conducted. at least they can take up these pro­ blems, study them and see that very Another point that I would like to

SHRI KUMARI ANANTHAN: (Na- Lastly, when we are discussing the gercoil): First of all, I wanted to extension of the President’s Rule in point out one thing. 'The hon. Member Tamil Nadu, I would like to say that Shri Alaeesan misquoted our Prime elections in Tamil Nadu should Minister when he referred to the Sar~ be held at the earliest. The Home karia Commission. Our Prime Minis­ Minister has said that the elections ter had said that Justice Sarkaria will be held in a few months. We wanted four months. There is no- have been seeing various reports in question of giving four months. Our the newspapers that the elections Prime Minister asked Shri Sarkaria may be held in three months or four about investigation and the Justice months or six months or two months. asked r four months time to com­ We have been demanding elections to plete it. which was agreed to. the Tamil Nadu Assembly at the earliest possible time to give an op­ Then, another Hon. Member spoke portunity to the people of Tamil about electricity cuts. In what way is Nadu to have a duly elected popular our Prime Minister responsible for Government to deal with these pro­ that? In what way can the Janata blems and many other problems which Government take the responsibility?1 we cannot discuss here for want of It was y ou r regime which was there­ time today. I do not think the hon. at that time and you were responsible Minister is in a mooH to reply to all for it. The present Minister has said’ the problems. That is why I have that we will see that the present 193 Rc* continuance in CHAITRA 15, 1899 (SAKA) force of Proclamation 194 in respect of Tamil Nadu (St. R ei projects and systems are fully utilised. bers, it is a happy occasion for me fo That means you have not utilised them deliver this maiden speech as a mem­ properly and fully, so it is a reflection ber of the All India Anna D.M.K. from pn your own regime. Tamil Nadu.

Then, there is another thing. The In the month of January 1976 the lady Member who spoke just now said corrupt D.M.K. Government was dis­ that some names were found missing missed and President’s rule was impos­ from the electoral rolls but that she ed. The Tamil Nadu people expected did not want to And fault with any­ Assembly elections along with the body. The responsibility can be placed Parliamentary elections but, unfortu­ only on the previous Government and nately, it was not so. that is why she did not want to find fault with anybody. Not only have The Home Minister has announced they left out some names, but there the Assembly elections to the Kashmir •were atlpmpts at rigging also. I have Assembly within three months. I ample proof 0f it. I have a bundle of wonder and don’t understand why tBe papers duly signed by the Presiding Hon. Minister has not said anything Officer. With the permission of the about the Tamil Nadu Assembly elec­ Chair I can place it on the Table. tions though it was dissolved fifteen months ago. Some officials are acting Then, another Hon. Member men­ in a highhanded manner and the peo­ tioned the first strike after we took ple are unable to express their feelings. over. Without lifting the rifle and Hence I request the Prime Minister without using any force we could through Ihe Chair to announce imme­ bring the strike to a happy ending. diate elections to the Tamil Nadu You should give encomiums to the Assembly. If the Government do not Janata Government for this. announce it immediately, the people of Tamil Nadu will have doubts re­ Another thing is that the Janata garding the credibilty of the statement Government will not swing in its res­ that democracy is said to be flourish­ ponsibility of upholding justice. As I ing now. Government says that they said yesterday, our measuring yard have faith in the people’s verdict: then will not swing or bend in favour of why don’t the Government allow the anybody. At the same time it will not people of Tamil Nadu to give their leave out anybody from the purview verdict? The present administration of enquiries by the Commissions. may be a good one, but a popular. Gov­ ernment will be a better, and the With these words, I conclude. people of Tamil Nadu will give their verdict for a better one. SHRIMATI PARVATHI KRISHNAN : Just a point of personal clarification: There is no popular Government in the enumerations were done when the my State now. Therefore, I have to DMK was in power in 1975. So, he talk about my constituency here. My should stand corrected. constituency, namely, Perambalur, is a very backward area, it is a drought- SHRI KUMARI ANANTHAN: It hit area. People belonging to the was revised when your Government Scheduled Castes and Scheduled Tribes took over. and backward classes are living in huts. Human beings cannot live in SHRIMATI PARVATHI KRISHNAN: such huts, we should really be asham­ Not my Government: I never had my ed of this. These huts are often des­ Government. troyed by fire. So, the Government should come forward with compre­ SHRI A. ASOKARAJ (Perambal- hensive plans to change these huts. u r): Madam Chairman and Hon, Mem­ The dr|nk}ng water problem is an 195 continuance in force APRIL 5, 1977 of Proclamation in 196 respect of Tamil Nadu (St. Res.) [Shri A. Asokaraj] Regarding secondary education in Tamil Nadu, the graduate teachers enormous one. People have to go for are in two administrative wings, name­ miles to fetch a pot of water. Protect­ ly, ‘A’ wing and ‘B* wing. It was dis­ ed water supply must be ensured. I cussed elaborately with the former would request the Government to come DMK Ministers, but they did not take forward immediately with plans for any action for the unification of the this purpose and also arrange for wings as they always tried to separate execution of these plans immediately. the teachers for their political gains. I I would like to warn the Government request the Education Minister through through the Chair that, if Government the Chair to do the needful to abolish do not make the necessary arrange­ the separate wings of graduate Assis­ ments to meet the iDasic needs of hous­ tants in Tamil Nadu. ing and water supply, I am afraid, people would resort to revolutionary methods. The Acting President has noted' in his speech that the family planning I would request the Government to programme which was implemented allocate funds for small and cottage last year has caused public anger and industries as it is a drought-hit area. resentment. I would like to draw the attention of the Education Minister Regarding education, I would like to through the Chair that the teachers in express my views as I was a reputed Tamil Nadu are made to bring family teacher for ten years prior to my elec planning cases. Thus, they are humi­ tion. The present system has neglect­ liated and they arc losing their pres­ ed the essence of Indian culture. Gov­ tige and image among the public. They ernment should try to help the teacher are not allowed to teach, but are com­ to restore his personality in the educa­ pelled to bring family planning cases. tional set-up by means of suitable On behalf of our Puratchi Thaldivar methods. At this juncture, I would Shri M. G. Ramachandran and our All- like to congratulate Dr. P. C. Chunder, India Anna DMK, I thank the acting the present Minister of Education, President for mentioning in the Ad­ through the Chair, for his thinking on dress that the family planning pro­ reforming the secondary school system. gramme will be pursued vigorously as I would like to suggest to the hon. a wholly voluntary programme and as Minister of Education that autonomous an integral part of a comprehensive boards may be set up for Elementary, policy covering education, health, Secondary and Collegiate education, so maternity, child care, family welfare, that they can function without inter­ women's rights and nutrition. ference from the bureaucrats. In his Address to iTie Joint Session We should not forget that poverty of both the Houses, the acting Presi- compels the parents to keep their chil­ dent has observed that, in the economic dren out of school so that they can sphere, the Government is pledged to work and supplement the family earn­ the removal of destitution within a ings. It is a sorry state of affairs. The definite time-frame of ten years. Education Minister plans to employ Though it is not easy to achieve it two million primary school teachers within ten years, I wish for it. and high school students for spreading literacy in the villages where their The farmers have been denied rea­ schools function, each taking on ten sonable and fair price for their pro­ illiterate.' On behalf of the All India ducts. I request the Government to Anna DMK, I congratulate the Edu­ improve the conditions in villages— cation Minister for this concrete pro­ for their betterment. Handloom posal, ard I would request him to weavers must be given all sorts of have it implemented honestly. assistance. 197 * e- continuance in CHAITRA 15, 1899 (SAKA) force of Proclamation 198 in respect of Tamil Nadu (St. Res.) As we have already promised, our labour is not honoured properly. The All India Anna DMK would support President’s rule in Tamil Nadu has the Government in all their construc­ stopped even the bonus of Rs. 10 per tive and progressive measures. bag being paid to him. Yesterday, the hon. Minister of Agriculture of the ♦SHRI A. MURUGESAN (Chidam­ Government of India has, in his dis­ baram): Madam Chairman, on behalf cussions with the State Agriculture of All India Anna Dravida Munno- Minisers, pointed out that the agricul­ tra Kazhagam, I rise to say a few turists of the country would be paid words on the Resolution seeking to remunerative prices for their wheat, extend the President’s rule in Tamil paddy etc., and as an incentive for in­ Nadu. creased production they would be given At the very outset, I would refer to some bonus also. I welcome this the regrettable omission in the Presi­ wholeheartedly. I need not say that dent’s Address to both the Houses of the agriculturists are the backbone of Parliament. It is unfortunate, that the Indian economy and as refl&atedly Acting President in his Address has pointed out by Mahatma Gandhi, un­ not reiterated the solemn assurance of less their welfare is assured, the late Pandit Jawaharlal Nehru, which nation’s welfare will be in jeopardy. was scrupulously observed in letter and spirit by late Lai Bahadur Shastri and Shrimati Indira Gandhi, that Hindi After the enactment of the law would not be imposed on non Hindi liquidating rural indebtedness, the ngri speaking people of our country. I culturists are finding hard to get credit hope that at least the Home Minister facilities for their operations. Before in his reply to this Debate would the local money-lenders were shuntpd assure us that Hindi would not be im­ out, alternative credit giving institu­ posed on non-Hindi speaking people of tions should have been established in India. the rural areas. I do not mean to say that the agriculturists live on loans only. But, on account of the fact that The Acting President "in his Address they are not getting remunerative has assured that his Government, prices for their produce, they are per^ which swears by the name of Mahatma ennially in debt. Here lies the impor­ Gandhi and which professes to follow tance of having alternative credit in­ the footsteps of the Father of the stitutions for them. This must be Nation, would give a pivotal place to done by the new Government at the rural India in its scheme of economic earliest. development. I am an agriculturist by birth and I am spending my life among the agriculturists. There is a proverb In most of the rural areas of in Tamil which says that, when the our country, drinking water is so acute agriculturist starts his calculations, he that the villagers walk many miles to will find that only the measure is get drinking water. In particular, the with him and nothing else. His grie­ village women have to face this ordeal vances are manifold. The Government throughout the year. In my district should arrange for the supply of im­ this is a chronic problem. Ulundurpet. proved varieties of seed, fertilisers, Kallakurichi and other adjoining areas tractors etc., at the appropriate time face drinking water shortage for so and at reasonable prices. He dors many years now. The new Govern­ not get remunerative price for his pro­ ment at the Centre must provide this duce. For the last one year, he is primary need of the people living in undergoing untold indignities and his the rural areas.

*The original speech y/as delivered in Tamil. 199 ^ e- continuance in force APRIL 5, 1977 of Proclamation in 20o respect of Tamil Nadu (St. Res.) [Shri A. Murugesan] the villages can gel the benefit which they deserve. The former Central Minister, Shri C. Subramaniam gave an assurance At the end, I suggest that the follow­ about the opening of second-cut mine ing programme of activities must be in Neiveli and here I need not empha­ undertaken in my constituency, Chjd&m- sise the need for the setting up of baram. Construction of revetment Thermal Plant there for generating between Orattur and Sakkangudi on electricity needed for this purpose. Vellar, Dairy and Poultry farms with Electricity is required for bringing out financial assistance to run them, khadi under-ground water and for so many and village industries, increased sup­ other important economic activities. I ply of drugs and appointment of staff request that this must be sanctioned in Chidambaram Hospital, enhance­ immediately. ment of wages to the agricultural labour and their general upliftment, In Chidambaram and Tanjore 'Dis­ protected water supply, street-lighting, tricts, which are known as the granary provision of house-sites and also of Tamil Nadu, the land which gives financial assistance to Harijans back­ three crops a year has become dry for ward classes for constructing houses, want of water. Even after the con­ improvement of roads, raising into a struction of dams across Hemavathi post-graduate college the Government and Harangi the Karnataka Govern­ Nandmar boys and girls High Schools, ment is not honouring the 1924 agree­ Chidambaram. ment in regard to the sharing of Cau- very water between Tamil Nadu and With these words, I conclude after Karnataka. If this water dispute is thanking you, Madam Chairman, for not resolved forthwith, the gntire giving me an opportunity to speak in Tamil Nadu is likely to become an this House. arid zone. The Janata Party Govern­ ment at the Centre must find an im­ ♦SHRI K. RAMAMURTHY (Dharma- mediate solution to this problem. puri): Madam Chairman, the people of Tamil Nadu will regretfully welcome this Resolution which seeks to extend Our leader, Shri S. D. Somasunda- the President’s rule in Tamil Nadu by ram, has in his speech referred to the another year. I say this because the necessity of having representative Prime Minister and the Home Minister Government in Tamil Nadu as early as of the Janata Party Government, im­ possible. My leader Puratichi Thalai- mediately after their assumption of var M.G.R. and the national leader, high offices, assured that elections to Shri J. P. has also emphasised the the Assembly would be held as early urgency of having State Assembly as possible. Now this Resolution Elections. I request that immediate seeking to extend the President’s rule elections to the State Assembly must in Tamil Nadu might create an im­ be conducted in Tamil Nadu. pression in the minds of the people of Tamil Nadu that the Janata Party Immediately after freedom, Mahatma Government would hold Elections to Gandhi stressed the role of Panchayats the Assembly only after Janata Party in a democratic system and pointed out becomes popular among the people of that they should be vested with neces­ Tamil Nadu. sary powers. In my capacity as the Vice-Chairman of the Keerapalayam This is my maiden speech and 1 have Panchayat Union, Chidambaram Con­ chosen to speak in my mother-tongue stituency, I have felt the need for this. Tamil. For the past several years I I stress with all the force at my com­ have been watching the proceedings in mand that the Panchayats should be this House. I get the feeling that the vested with adequate powers so that established rules and traditions in the

•The original speech was delivered in Tamil. 201 He. continuance in CHAITRA 15, 1699 (SAHA) force oi Proclamation 202 in respect of Tamil Nadu (St. Hct.) conduct of the business of this House very important point on behalf of th# have gone to the winds. In 1957, In people of Tamil Nadu but the hon* this House, Shri E. V. K. Sampath Home Minister who is going to reply spoke in Tamil and secured this right to the debate is not listening to his o| speaking in our mother-tongue In speech. I request him through you this House. The late Pandit Jawahar- Madam Chairman, to kindly note lal Nehru gave a solemn assurance to down the points the Member is raising the non-Hindi Speaking people that and reply to them. English will continue so long as the non-Hindi speaking people want. This assurance has been implemented SHRI K. RAMAURTHI: The Act- till the Congress Government at the ing President’s Address has been dis­ Centre has scrupulously adhered to cussed in this iHlouse. Neither in the the assurance of Jawaharlal Nehru. President’s Address nor in the speeches Now we are alraid of the future. The of the ruling Party members there Janata Party which has come to has been no indication about the power at the Centre is a conglomera­ ruling Party’s economic programme. tion of parties with different ideolo­ “We will change the laws; the free­ gies. It consists of Hindi fanatics dom of the Press would be restored; also—Jana Sanghis and Socialists. all the detenues under MISA have These leaders jn their tours of Tamil been released; the dreadful MISA Nadu have sown the seed of hatred has been repealed’*—these seem to be in the minds of the people of Tamil the theme-song of the ruling Party Nadu. I would like to have a cate­ Members. What does this Govern­ gorical assurance from this Govern­ ment propose to do for the 24 crores ment that they would honour the of people not even getting an income sacred and soiemn assurance of Jawa­ of a rupee a day? Unfortunately in harlal Nehru that Hindi will not be the D.M.K. rule, Tamil Nadu has come imposed on non-Hindi speaking peo­ to the last position in the economic ple, and English will continue so long map of States in India. Maximum as they wish. number of people below the poverty line are in Tamil Nadu. What is the economic programme of Jan?ta Party If what I have heard is true, then Government for these people, I would it is a matter to be condemned by all like to know. The Central Govern­ of us here. I understand that in the ment have given guidelines in regard Health Ministry non-Hindi knowing to the standard acres as stipulated in officials are being thrown out. If this different land reforms laws enacted is true, then the separatist tendency by the States. It is strange that in­ which has died down in South will spite of this, in Tamil Nadu the get a fresh lease of life. This Gov­ minimum prescribed by the State is ernment can allay the fears of the higher than that stipulated in the yi.v'ple of Tiinil N^du by reiterating guidelines of the Central Government. unequivocally the so'emn assurance Under the President rule, at least the of Jawaharlal Nehru in regard to non­ State land reform law must be brought imposition of Hindi on the people of on par with the Central guidelines. South.

After the liquidation of rural in­ PROF. DILIP CHAKRAVARTY debtedness, as per the 20-Point Pro­ (Calcutta South): There will be no gramme it was thought that the imposition. moneylenders in Tamil Nadu would have been decimated. After the SHRI K. MAYATHEVAR (Dindi- Parliamentary election it is strange gul): The hon. Member is raising a that the moneylenders have come 2o$ Re. continuance iit APRIL 5, 197? force of Ptodlaihdiion 204 in respect of Tamil Nadu (St. Res.) LShri K. Ramamurthi] be held forthwith in Tamil Nadu. I thank all the hon. Members for hav­ back to the surface. It is more asto­ ing heard my maiden speech in Tamil nishing that immediately after the patently and conclude with the hope Janata Government resume office in that a Notification regarding Elections the Centre, they have started pressu­ to the Assembly in Tamil Nadu would rising the poor people to give inter­ soon be issued by the Central Gov­ est dues and the loans. I wonder ernment. whether they are the sponsors of Janata Party in Tamil Nadu and are SHRI MOHANARANGAM (Chen- also sympathetic towards the ruling gaipattu): Madam Chairman, I am very Party at the Centre now. It js a thankful to you for having given me matter to be condemned that with the coming to power of Janata Party the the opportunity to express my views and my feelings on the extension of released bonded labour has again be­ come slaves. Naturally, the extension President’s rule in Tamil Nadu. to President’s rule in Tamil will not give satisfaction to the people of Tamil Tamil Nadu is now ruled by the Nadu. officials acting in the name of the President. We have been asking them As pointed out by the hon. Mem­ to conduct the elections for the State ber, Shrimati Parvati Krishnan, drink­ Assembly for the past one year and ing water is so acute a problem in elections to the municipalities for the Tamil Nadu that even if you are past 5 years. Municipal elections were prepared to pay money you will not conducted in 19(39. The period expir­ get drinking water. In my constitu­ ed in 1972. We asked for Municipal ency, Dharmapuri boring wells have Elections in 1973. The period was been dug, tanks have been desilted extended to 1974 and then again to and underground water is being ex­ 1975 and 1976. For the past few years ploited. Still the people are suffer­ we have been asking for Municipal ing for want of drinking water and Elections to be held. We have been they have to go four or five miles for asking for elections to be held to the it. Dharmapuri has been declared as Panchayats. Panchayat elections were a backward area and yet nothing has held during the year 1970. The period so far been done to provide drinking expired during the year 1975. The water to the people. Shrimati Parvati then Chief Minister Mr. Karunanidhi Krishnan pointed out to many hun­ told uy that elections will be conduct­ dreds of lock-outs and lay-offs in the ed within 6 months. After f> months industrial sector of Tamil Nadu. The he again said that this will be con­ Plantation workers are not getting ducted in another 6 months. After­ their dues according to the Plantation wards, that Government was dismiss­ Workers Act as well as the minimum ed. For the past one year We have wages as per the Minimum Wages been asking our President to :onduet Act. The wages of labour are being elections for both municipalities end denied. For the past four months, panchayats but no step has been taken the Glass industry workers in Salem so far. I hope that necessary steps have been denied their wages and un­ will be taken by the concerned autho­ employed due to the illegal closure. rities now. This should be looked into by the Central Government as Tamil Nadu With regard to the Film Industry, is directly administered by it. under the regime of Mr. Karunanidhi the entertainment tax was increased Before I conclude, I would stfess to 65 per cent. This was done just to that elections to the Assembly must reduce the political popularity of £05 continudnce in CHAITRA 15, 1699 (SAKA) force t>f Protlatnation 2b6 in respect of Tamil Nadu (St* Res.) Mr. M.G.R. who is our leader. Mr. SHRI MOHANARANGAM; Madam Karunanidhi increased the tax to 65 per Chairman, after the election was over, cent in Tamil Nadu whereas the tax is in our State, the A.I.D.M.K. volun­ 40 per cent in Andhra Pradesh and teers were beaten up by the D.M.K. i35 per cent in Karnataka. You can­ volunteers with the help of the police not see anywhere in the whole of India force. I do not know why the Janta any State where it has been increased party has joined hands with this dis­ to 65 percent as it has been increased credited and corrupt Chief Minister, in Tamil Nadu. That was done cnly Shri Karunanidhi in the election. That to reduce the popularity of Mr. M.G.R. is the reason w h y the Janta party ias who is our leader. not even got half a dozen members out of the forty from the Tamil Nadu. With regard to language issue, I re­ (Interruptions). Shrimati Indira quest the Prime Minister to give a Gandhi never joined the D.M.K. You categorical assurance on the floor oi were talking about the 1971 election. the House that Hindi will not be im­ Our leader, M.G.R., was in D.M.K. at posed on the people of the non-Hindi that time and Shri Jagjiwan Ram was speaking areas. Pandit Jawahirlal in the Congress. Now, the entire Nehru had given this assurance. But political force is in the hands of what we find is that from Fiftn Stan­ M.G.R. in Tamil Nadu. Certain things, dard onwards Hindi is being imposed Madam Chairman, were intimated on the students of Tamil Nadu. I re­ the concerned authority to rectify quest the Prime Minister through the during the regime of Shri Karuna­ Chair, to give this categorical assu- nidhi. There were some officers who rance that Hindi will not be imposed had no political affiliations were act­ on the non-Hindi people. Immediate ing and doing certain things according instructions should also be given to to rules. As a result, some of the non-Hindi speaking States not to high officials were even suspended and compel the students to learn Hindi. dismissed or they were asked to retire With regard to language, I vish to voluntarily. I shall give here tome point out that our State is not like instances. Some officers of the Tamil any other State. We have .jot our Nadu Government were asked to own rich literary traditions. We liave retire voluntarily. I asked the con­ a hoary past and a rich language in cerned authorities to take steps to re­ which our poets have given sermons instate those officials who were com­ and scriptures. We want that tqual pelled to retire voluntarily in 'lamil status should be given to our language Nadu Government. All the time * on par with Hindi. Improvement of a had been asking the Government to language should not be at the cost of take necessary steps in conducting the another language. So we want all elections not only for Assembly but importance to be given to our langu­ also for Municipalities and Panchayats age. Boards. We only want that the en­ tire administration of m y State slid Id AN HON. MEMBER: Why don’t be run by a properly elected Govern­ you speak in Tamil? ment and not bj' the officers under the President’s Rule. SHRI MOHANARANGAM: If I speak in Tamil language, the Members and the Ministers will never be able DR. HENRY AUSTIN (Ernaku- to understand that. That is why 1 lam >: Madam Chairman, 1 support am speaking in English which is an the resolution moved by the hon. international language. (Interrup­ Home Minister seeking another term tions) for the President’s Rule.

MR. CHAIRMAN: You may carry on. While supporting this Resolution, I would like to point out with anguish M y Re. eontinUarioe m force APRIL 5, 1977 of Proclamation in 208 respect of Tamil Nadu (St. Res.) [Dr. Henry Austin] Committee of Members of Parliament to advise the Tamil Nadu Administra­ the fact that the great State of Tamil tion under President’s Rule whicn was Nadu is bereft of a popular govern­ presided over by the Home Minister. ment. for reasons well known to every honourable member of this House. That Committee was of great help The sad circumstances under whieh in making the necessary suggestions the previous regime had to be remov­ and, perhaps here, the reviving of such a Committee would be helpful. ed by the Government still brings in our ears. The decision of the then Sir, one of the reasons for my parti­ Government has been subsequently cipation in this debate is highlight the justified beyond any shadow of doubt existing severe drought conditions in by the recent Lok Sabha elections. Tamil Nadu. Sir, in the areas that I visited a few months back the scarcity This clearly showed that the en­ of essential commodities and parti­ deavour to detach a part of our coun­ cularly that of drinking water is very try from the national main­ acute. It is a very bad situation in­ stream by trying to create a cess-pool deed. Of course, the previous Ad­ of reaction and limited loyalty will ministration had been helpful in bor­ not be tolerated by the people of our ing 6,000 bore-wells but I am very country. Despite the fact that they sorry to say that the maintenance have got great cultural achievement work has been neglectful and n.any and despite the fact that they aie of these wells are in disuse now. This guided by certain cultural rejuvena­ is a serious situation which might be tion and regeneration in recent years, attended to. still, they are proud of the national heritage of our country. The recent Sir, in Karur, Chengalpattu and election is a positive proof of a new other areas the handloom weavers are resurgence, of nationalism and desire facing a very serious problem ia as to make our country great and to much as that they cannot lind a mar­ make their culture part of the com­ ket for their produce. They have posite culture of our great country. been in this handloom industry for Sir, 1 do not want to make a long ages and the goods produced in those speech here. But, 1 would like to say areas have a acquired a certain stan­ that the experiment, the devise, taken dard. But today because of neglect by the previous Government in con­ thousands of people—if not lakhs—are stituting a Committee of Members of suffering and the Administration Parliament to advise the Administra­ might take adequate interest or devise tion run by the President was a very measures to relieve the workers in­ good move. 1 hope that the Home Minis­ volved in this large industry from this ter will look into the possibility of re­ situation of unemployment and possi­ constituting the Committee for what­ ble extinction of this industry. ever period the President’s Rule n.fcy subsist as an interim measure. (Inter­ Sir, another serious situation that ruptions) obtains in Tamil Nadu is the fact that many mills in Coimbatore and Madu­ CHAUDHURI CHARAN SINGH: rai—centres of textile industry—are Do you want the holding of the elec­ running sick. I think about eight or tions as early as possible? nine mills have already been ieclared sick mills and Government—as I am DR. HENRY AUSTIN: I am not told—has only decided to take over referring to the elections 10 ar. Of one sick mill. It is a very bad situa­ course, I welcome the statement of tion. If the textile industry comes the Prime Minister regarding early into bad days, then it will affect our elections. There was a consultative whole economy, 200 ^ e- continudnce iti CtiAlTftA l5, 1899 (SAKA) force bf frrociamatictl 210 in respect of Tamil Nadu (St. Res.) Now the thing which interests not corine on the coromondal coast. Accord­ only the people 01 Tamil Nadu ing to marine biologists, if you exploit but also the people of entire South is the potentials of Wadge Bank as it is the completion of Jammu—Kanyaku- named after a German biologist in the imari railway line. The railway line later part of the 19th century, we will has already oeen extended upto Jam­ have fed the entire South and South- mu and only certain missing links are East Asia by high protein food, sea-food there in the South. I do nope the of various kinds. Today the sea-food hon. Home Minister, who takes up industry is catching up and in Kerala matters seriously, will look into this. alone we have exported in the course Though I know it is not directly under of the last year about 350 crores of his control. rupees worth shrimps and other fiozen sea-food in foreign exchange. Kerala Again, Sir, there has been ‘jreat in­ coast is nothing when compared to terest— both in Kerala and Tamil the great Wadge Bank and in the Nadu—for starting a railway line Sixth Five Year Plan we are planning connecting the ancient city of Madurai to have what we call deep-sea fishing with the developing port of Cochin. and Tamil Nadu oilers much more Sir, I represent Cochin. It is in :ny than Kerala and other coastal States constituency. 1 think certain survey for the development of fisheries, has already been undertaken and I through deep sea fishing. do not know what its present sitge is. This railway line would also cre­ Sivt I have said enough. I would ate facilities for the development of like to say that a fresh wind is blow­ tourism because hundreds of forei­ ing in Tamil Nadu. I told this to gners are coming to Madurai to see my friends in the North when I met the Madurai temples and also to them some time back in the AfCC or Cochin. On the way is Idikki where in the Parliament itself. They used we have the giant hydro-electric pro­ to ask what was happening in Tamil ject. Nearby we have also a great Nadu—why so much of provincialism, game sanctuary at Thekkady. All chauvinism and limited loyalties were these places could be connceted if this fostered there. railway line from Cochin narbour to Madurai is started. This will throw MR. CHAIRMAN: The time is up. open the hinterland of Tamil Nadu to Cochin Harbour. DR. HENRY AUSTIN: One more minute, Madam. So, that phase seems Now, another thing I have noticed to be over and every one should be in my recent tour to Tamil Nadu is proud of it. Of course, people’ of the tremendous scope for development Tamil Nadu and the South in general of fisheries. On the Kerala ?oast, as are proud of their culture and their is well-known, there has been a great heritage, but we always considered blue revolution since 1952. 1 had those cultural achievements as an also a part to play in initiating this integral part of an integrated whole— great blue revolution which has re­ the composite culture of India. To­ volutionised the coastal Kerala. It wards this end we have been striv­ has now spread to some other coastal ing and we are glad to say that this States also. Tamil Nadu offers tre­ desideratum has excited a lot of peo­ mendous potential for the develop­ ple in our country. Let us stand for ment of fisheries. the unity 0f the country and in the process let us also throw more em­ One of the nine fish breeding cen­ phasis on the development of the tres of the world, as marine biologists south and satisfy the aspirations of have pointed out, lies hardly abou4. the people of Tamil Nadu in parti­ 800 kilometres of the coast of Tuti- cular and the entire south in general. 4 i l Jte. coniinUatlfc« in forci APRIL 5, 1977 6/ Proclamation in 212 respect of Tamil Nadu (St. Res.) SHRI S. NANJESHA GOWDA thirty years. He has forgotten that (Hasan): Madam Speaker, hon. Mem­ before 1971 he was saying quite the ber. opposite: let him say what hi* feel­ ings were then and what he was AN HON. MEMBER: No, Madam doing before 1971. He used to fight Chairman. like a tiger and criticise the Congress. (Interruptions) I am sorry to say that he has become a circus tiger SHRI S. NANJESHA GOWDA: I during the last 18 months during am a new Me'mber. I am new to emergency just as the circus tiger is parliamentary affairs also. So, kind­ being controlled by somebody else), ly bear the mistake of mine. he was controlled by somebody else. On Karnataka elections and other Now, I am speaking in support of things so many persons spoke about the Resolution already moved. Many north and south, about regional feel­ of my friedns, Sir, have spoken many ings, communal feelings, etc. I do things. I also want to say something not think that it is a healthy fea­ about what happened in Karnataka. tu re .,.. (Interruptions) In so many About Tamil Nadu, I share the feel­ constituencies people did not come in ings of all Tamil Nadu friends. There procession; they we're not in love is no doubt about it. with the Congress. I know that people were paid in some constitu­ encies for coming in processions. So Regarding Karnataka also. 1 want many ministers have spent so heavily to say something because I had no for elections; they took advantage of opportunity, in sptte of requests, to the poverty of the people. One speak on any occasion previously. Minister spent lakhs and lakhs in my constituency. That money is cor­ MR. CHAIRMAN: You should rupt money, black money. 1 have speak on Tamil Nadu. got records to show that he amassed corrupt mone’y. Here is the report 17.00 hrs. of the Public Accounts Committee of the Karnataka legislature. The Com­ SHRI S. NANJESHA GOWDA: I mittee consists of 10 Congress ML As must speak only on Tamil Nadu? and 5 opposition MLAs and the But I observed that many friends Accountant General. In 1974-75 they spoke beyond the subjects every time. submitted this report to the' Gov­ As a new Member, kindly give me ernment of Karnataka; this is a una­ the opportunity to say something. nimous report; ten Congress members As my friends already said, in and 5 opposition members sat with Karnataka there are no elections for officers of the government and exa­ Taluka Boards and Panchayats and mined the records and they put on all those things for the last 8 years. record what has been proved and On this occasion^ I request, through they give the details of all the scan­ the Chairman, this honourable Gov­ dals and then they give their fin&l ernment to conduct elections to those conclusion and I shall read from that august bodies fairly and honourably. for only one minute. It is true that Regarding the last elections, I want money was looted. Now? he is a to say a lew words. My friend Minister in the present Government. Lakkappa comes from Karnataka, from He was the President of the Karna­ a constituency which is adjacent to taka State Co-operative Marketing my constituency. He says that peo­ Federation. The charges are framed ple came in « procession to vote for against him by the Congress Party Congress. He also says that the Con­ people themselves. In this connec- gress has done a lot in the past Re. toritirtudnce in CHAlTRA 15, i&99 (&AiiA) force of Proclarriaticri 21 in respect 0/ Tamil Nadu (St. Kes.) tion, I will read out the relevant to engage the Government machinery * portion of the Public Accounts Com­ for their own personal ends. The mittee Report of the Karnataka Gov­ police are indirectly supporting the ernment. (interruptions). As per DMK rowdy elements and some of the report of the PAC, it is stated the Anna D.M.K. volunteers have that Shri Srikantiah was the Presi­ been threatened and beaten up. On dent of the Karnataka Co-operative top of it, the police registered cases Marketing Federation. I will road against the Anna D.M.K. volunteers out the relevant portion at pages and not the DMK volunteers. This 261-62: fact was brought to the notice of the I. G. of Police by the Anna D.M.K. “Ad hoc decision of the Presi­ leaders. But so far no action has dent to transport . fertilisers to been taken by the Police I would Belgaum from Bangalore instead of request the Government to look into from Hubli contrary to the advice this matter seriously and take neces­ tendered by the officers in July sary steps immediately so that justice 1970 that causing a loss to the tune is done to the aggrieved persons of of Rs. 73,000...." Anna D.M.K. There are some pend­ Then, there are other items involving ing cases against the DMK leaders Rs. 1.5 crores by defrauding by the and those cases should be expedited. same person. 1 will take up this I would request the Government to nvatter on some other occasion as take suitable steps to implement the time is limited. Thank you. pending public work schemes that have been left undone by the previ­ SHRI R. KOLANTHAIVELU (Tiru- ous Government. In many parts of chengode): Madam Chairman, Presi­ constituency in Tamil Nadu, there are dent’s rule in Tamil Nadu has been no village link roads. I request the extended. But now the people are government to look into the matter. unable to send their representatives Only when the villages are linked fc> to the State Legislature. The people proper roads, education will improve. are unable to express the difficulties In my constituency most of the vil­ faced by them through the medium lages are not at all connected by of Legislature. The people are as roads. So, the children find it very a whole in practical difficulties be­ difficult to go to school. So, 1 request cause they are not able to get their the government to take steps to grievances redressed through their construct link roads as soon as possi­ elected representatives. On behalf of ble in an economic way. the All India Anna D.M.K. I plead, on i the floor of the House, that the elec­ In Tamil Nadu, the farmers have tions to the State Legislature should to deposit huge sums to buy a tractor be conducted at an early date. Now, by way of loan. This amount should there was a system adopted by the be reduced. We know that this gov­ erstwhile Chief Minister of Tamil ernment is mainly for the uplift of Nadu—the mass contact system. This the poor sections of the people and does neither good to the people nor We hope that the water problem in to the Government. I would say the villages will be solved. Certain­ that this system should either be ly we lend our cooperation and sup­ followed in its true sense or it should port in eradicating poverty in the be dropped. By taking advantage of country if the will of the people is the President’s rule, the D.M.K. duly respected and really weighed. power-mongers are threatening the public endangering their life and secu­ On the floor of this House, I re­ rity. During the regime, of the DMK quest the government to expedite the 1 Government, the party peooie tried execution of the work on the Salem £l$ Re. continuance in force APRIL 5, 1977 of Proclamation in 216 respect of Tamil Nadu (St. Res.) LShri R. Kolanthaivelu] to the Lok Sabha and also to the Assembly. Steel Plant. The inter-State water dispute also must be settled as soon as possible. The Kalpakkam atomic On June 12, 1975 the Allahabad power station has been pending for High Court set aside the, election of ^ long time. This must be looked the Prime Minister Shrimati Indira into. The Tuticorin thermal plant Gandhi to Lok Sabha. Immediately, also should be given due considera­ our D.M.K. President, Dr Kalaignar tion and the government must take Karunanidhi, declared that Shrimati suitable action. Gandhi must step down in order to set up firm democratic traditions in With these words, I conclude my the country. This annoyed Shrimati maiden speech. Gandhi and she started nurturing her desire to dismiss the D.M.K. Govern­ ♦SHRI A. V. P. ASAITHAMBI ment in Tamil Nadu. On June 25, (Madras North): Mr. Chairman, I am 1975, the Emergency was proclaimed grateful for this opportunity being all over India, and all *he national given to me to participate in the leaders were put behind bars. On discussion on the Resolution seeking 27th, two days after the declaration to extend the President s rule in of the Emergency, the D.M.K. Exe­ Tamil Nadu. So far as my party, cutive Committee passed a unanimous the Dravida Munnetra Kazhagam, is resolution demanding the revocation concerned, there can be no two opi­ of Emergency and the release of all nions about the need for holding national leaders. The D.M.K. was elections to the Assembly in Tamil the first political party fo pass such Nadu at the earliest. In 1975 State a resolution. Naturally, Shrimati Conference of D.M.K. we demanded Gandhi’s desire to dismiss the D.M.K. that along with Parliamentary elec­ Government became a determination. tions the elections to the Assembly On the basis of a Petition submitted also must be held. The former Cen­ by Shri M. G. Ramachandran, who tral Government held the Assembly parted company with D.M.K. in 1972, Elcctions in Kerala. But they were on January 3 if 1976 the D.M.K. Gov­ hesitant to order Assembly elections ernment—a majority party Govern­ in Tamil Nadu because they were ment in the State—was dismissed inhibited by the fear that the Con­ unceremoniously. Even the Governor gress Party might not be able to of the State was kept in darkness win the elections in the State. The about this unholy act. An illegal and D.M.K. would welcome unreservedly anti-democratic act was perpetrated any time the Assembly elections in with least compunction. Tamil Nadu. Many of us were arrested forthwith. It is necessary for me to analyse From January 31, 1976 the Police here the background and the basis on was hounding and hunting the D.M.K. which the President’s rule was im ­ members. From February 1. their posed in Tamil Nadu. This House efforts intensified and 20,000 D.M.K. must know that the duly elected workers including many leading D.M.K. Government was in power in lights of the party were taken into the State. In 1971 General Elections, custody. Under MISA |2000 Jperson's the Congress Party was having alli­ were arrested. Many prominent ance with D.M.K. and through its leaders of D.M.K. were put in Madras influence and support the Congress Central Jail. They were put in the Party could get its members elected Cell in 9th Block where leprosy

•The original speech was delivered jn Tamil. 2iy Re. continuance in CHAITRA 15, 1899 (SAKA) force of Proclamation 218 in respect of Tamil Nadu (St. Res.\ patients had been kept. On Feb­ a separate South India and become ruary 2, at about 7 P.M. we were its Prime Minister. D.M.K. has been faken away from our rooms along preaching for more than three deca­ with other criminals and we were all des the need for national integration. cruelly beaten. Shri Chitti Babu, There is no South or North and India a former M.P. from D.M.K., later is one country. D.M.K. has unflinch­ succumbed to the injuries sustained ing faith in this. in this beating. Another worker, Shri Balakrishnan died in Madurai It is being bandied about that there jail as a consequence of such atroci­ should be a stable Central Govern­ ment and then only the inter-State ous notion on the part of the police. The Jail Superintendent could not disputes could be solved emicably. Has have by himself done this. He was Cauvcry water dispute between Tamil Nadu and Karnataka been instigated by a Central Minister for solved though there is a stable the purpose of instilling fear in the Government at the Centre for 1he workers of D.M.K. Shri Om Mehta, past thirty .years? Has the the Central Minister, is reported to Pandiyar Ponnampuzha dispute bet­ have encouraged the Jail Superinten­ dent in this atrocity. I demand that ween Tamil Nadu and Kerala been a parliamentary inquiry should be solved though the Congress Party lias ordered immediately in the dispicable been in power at the Centre for the past three decades uninterruptedly? conduct of this Central Minister. Devaraj Urs Ministry and Achutha After the imposition of President’s Menon Ministry in Karnataka and rule. Shrimati Indira Gandhi visited Kerala respectively were toys in the Madras and she was gracious enough hands of Mrs. Gandhi. Even then to announce publicly that water from these disputes have not been solved. Krishna river would be brought to None can touch the unity of the Madras as if it could be done in a country and none can show his evil fortnight. One year has gone by designs o^ the integrity of India. after that and till now not even preli­ India should be and will become a minary talks have been initiated with great power in *he comity of nations. the Andhra State Government for this purpose. Is it not a deliberate North India is afflicted by floods deception practised on the gullible with monotous regularity. Similarly people of Madras?, there is recurring drought in South. In order not only to solve this twin The hon. Member from Kerala problem but also to foster national referred to the need of nourishing integration, river Ganga must be national integration. It has been linked with river Cauvery. Some misconstrued that the D.M.K. preaches people have expressed fears about the separation. I have to state with all enormous sum needed for this purpose. the force at my command 1 hat the But once in this very House, Dr. Ram D.M.K. is not a party preaching sepa­ Manohar Lohia has referred to the ration. It seems to be the other way need for the creation of a land army. round. Shri C. Subramaniam in his We have got more than enough man­ speech on the floor of this House power in this country. The labour spoke glibly about the pattern of vot­ employed for digging canals in diffe­ ing in the Parliamentary elections— rent States can be given food and North voting for Janata Party and the entire South voting for the Con­ clothing. They can be assured of 4 gress. Inspitc of the Allahabad High acres or 5 acres of land on the banks Court’s stigma on her, if only Shrifnati of canals dug by them. Naturally Gandhi had won in the elections, with they will work with all their enthu­ the majority she has from South. In all siasm. Besides solving the problem probability she might have declared of unemployment, irrigation and 219 R*. continuance in force APRIL 5, 1977 of Proclamation in respect of Tamil Nadu (St. Res.) {.Shri A. V. P. AsaithambiJ tions D.M.K. wholeheartedly wel­ comes elections to the Assembly agriculture will also get a fillip by in the State and the Central Gov­ this arrangement. The Janata Party ernment must conduct this at the Government should pay attention to earliest. this scheme in all seriousness. With these words, I conclude my In Tamil Nadu two MISA detenues maiden speech. died in prison. Many hundreds must have died in North Indian. I suggest SHRI M. KALYANASUNDARA M th*at all the bereaved families must (Tiruchirapalli): Mr. Chairman, this be given a life pension of Rs. 1000 Resolution for the extension of a moth by the Central Government. President’s Rule in Tamil Nadu, I Then only we will be doing nur duly appreciate, is inevitable. But, at the by the dead. same time, I will join the previous speakers in urging that the elections It is expected that the President’s to the State Legislature must bo held rule must be impartial and honest. as early as possible, and the elections But in Tamil Nadu during President’s should be as fair and as free as pos­ rule corruption and malpractices sible. The people must be allowed have multiplied beyond imagination. to have a government of their own The Congress people have secured choice, without any interference from positions of profit during President’s the Centre. This will be the test rule. The former Congress Minister, before the people of Tamil Nadu for Shri Ramaya Mas become the Vice- thn new Janata Government in Delhi. Chairman of Planning Body of the The verdict passed by the people of State. The former Minister, Shri Tamil Nadu recently during tne Lok Rajajram Naidu has become the Sabha elections is clear. They have President of the Housing Board. rejected the DMK, and they have Even after the ignominious defeat of also rejected the Janata. That i is the Congress Party in the recent why the previous speaker, my este­ elections they are clinging to their emed friend. Shri Asai Thambi, was seats. Either they must themselves so sober in this House. He was wax­ resign or they must be pushed out by ing eloauent about national unity, the Central Government. about linking Ganga with Cauveri, I have no hesitation in supporting him Many have referred to perfidious in that demand. They have at least role of the Governor of Tamil Nadu, now becom® wise after thier defeat. Shri Sukhadia, who is reported to T* thn DMK bad not, been defeated, whether Ohaudhuri Charan Singh is have resigned. The Congress Mem­ sitting here or Shri Morarii is sitting bers c-eem to have become his staunch b^rp or Shrimati Tndira Gandhi is defenders in this House. It is «sH1.ing here, nothing can nrevent them rumoured that he is likely to become from fomenting, seperatist and the President of the All Indian Natio­ chauvinist slo^nns. I am r>roud that nal Congress. At the time of mv nartv and thn all India Anna elections, he went from village to DMK stood in the forefront in fight­ village and compelled the leader*; of ing gain st their separatist policy. villages and their followers to vote for the Conrrress Dr. Handa, a promi­ (CJTTPt A V P -V* 'V TTT-T AMT}! Wi+V»_ nent sunporter of the Congress, has out fhe h^ln o f ADMK these peonle attacked his activities during the could no* come here. election. An inauirv must be order­ ed bv the Central Government in re­ SHRI M. KALANASUNDARAM: gard to his role in the recent elec- He was narrating in this House the 221 Re. continuance in CHAITHA 15, 1899 (SAKA) force of Proclamation 222 in respect of Tamil Nadu (St Res.) sufferings undergone by the DMK of cement is Rs. 19.20. but you cannot people after the dismissal of their get a bag of cement anywhere in Government. Some of them may be Tamil Nadu for less than Rs. 30 or trule, or may not be true; I am not Rs. 31 now. This is the position to­ prepared to challenge them. I would day. I challenge anyone to contradict sympathise with them, if they have me. Thousands of building workers suffered, because I would not support are unemployed. I have visited im­ any action like that. But, may I ask portant centres for two days. All Shri Asaithambi whether he has for­ private constructions have come to a gotten all the things that were done standstill. Cement is not at all avail­ during the regime when his party able in the open market. was in power. How many political murders took place then? Do not try Yarn, especially of coarse variety, to hide those facts from this House. used for making carpets, bedsheets The days of misleading this House and towels, has shot up by 50 to 60 are over. There was a time when 22 per cent in the course of one week. members belonging to that Party It is not available in the open market. were sitting here, the most eloquent Thousands of handloom weavers are and very effective speakers. All their starving for want of yarn. Such top leaders like Karunanidhi, An- things are happening. The prices of bazhagan, Neduchezhiyan, were free edible oils, pulses and other essentia! to campaign as they liked. commodities have shot up. The whole­ sale traders think that their Raj has SHRI A. V. P. ASAITHAMBI: come and that they will be free to do What about Shri Manoharan? whatever they like. In your anxiety to undo everything that was done SHRI M. KALYANASUNDARAM: during the Congress regime, please All the details which the hon. Mem­ do not undo the good things that they ber, Mr. Asaithambi. mentioned here had done. One good thing that they in this House were placed before the did was to remove DMK from power people. But the people rejected them and to appoint a Commission of En­ and gave a clear verdict in favour of quiry. Some other good things have the progressive alliance and the also taken place by way of imple­ policy pursued by the alliance. This menting the 20-point programme, is what the Government here should especially giving relief to the rural take note of. Do not play with the poor and cultivating tenants. mood of the Tamil Nadu people. For the first time after nearly 15 years the people of Tamil Nadu have joined Today, drought conditions are very the mainstream. The Janata wave is serious in my State. Even the Cau­ there in a different way. please listen very delta is drought-affected. Three to my point seriously. I have no poli­ lakhs of acres have remained fallow tical motive. I am only trying to place for three years consecutively. The some facts before this House for the Janata Party leaders are believers in consideration of the new Ministers. national unity. If you want to pre­ After the formation of this Govern­ serve the unity of this country, bring ment, the DMK is more jubilant the people of Tamil Nadu into the than even the Janata Party itself. stream of national reconstruction so They are celebrating the victory in that we may build a new India. the hope that they can hide them­ Whatever may be our political atti­ selves or seek shelter for their crimes. tude towards this Government, we Secondly, alT the blackkmarkteers will not be wanting in our efforts for and hoarders have become very ac­ rebuilding and restructuring the tive in the past one week. What has national economy of our country. happened to cement? The fixed price Please take this point seriously, 223 R*. continuance in force APRIL 5, 1977 of Proclamation in 224 respect of Tamil Nadu (St. Res.) [Shri M. Kalyanasundaram] do not view their problem from a political angle. Please send a team If the Cauvery water dispute was there immediately so that they may not settled earlier, if the Krishna study the whole thing and give them water does not come to Madras, I will relief immediately. If the Centre not blame the former Central Gov­ gives adequate relief and earns the ernment alone, because the DMK good will of the people of Tamil Nadu Government was the main culprit. I will have no political jealousy on Because the DMK was in power, it that. could not come. Mrs. Gandhi did not announce the decision about the Recently, there was a railway acci­ Krishna water suddenly on 15th dent. The Government is being mis­ February. It was there in the Gul- led here. When I was speaking on hati Commission’s report ten years the Railway Budget, there was an ago. When Mr. Sanjiva Reddy was assurance that the Minister will be the Chief Minister of Andhra Pradesh, very vigilant and he will be able to it was settled that Krishna water control even the Railway Board. would be available to Madras for What is the position? Does anybody drinking purposes. That was settled know how that accident took place? ten years ago. Does anybody know the real cause of that accident? West Coast Ex­ It is nothing new. The DMK Gov­ press Train was running at a high ernment failed when they were in speed. When it was passing through power. What is their rcaJ demand. Sevoor station, suddenly, the bogies How does he explain their attitude got derailed and so on. What hap­ regarding the State autonomy and pened to the passengers and the rail­ Joint Government at the Centre? way workers who were sitting by the They are' still pursuing this demand. side of the cabin. Thirty people In Coimbatore, in December 1975, must have been killed. The railway did he not say that if there were authorities said that only six people elections, Mr. Karunanidhi will be the were killed. Today, they have in­ Chief Minister and if there were no creased the number to nine. Even elections, then Mr. Karunanidhi will today, they are not able to tel] the become the Prime Minister. Is he truth about the accident. What kind going to become the Prime Minister of enquiry is taking place. The en­ of India.? Is it not a vailed threat to quiry is there to suppress the facts and separate the State? hide the causes of the accident. There was a warning when the train was in The drought conditions arc very Salem, that is 150 miles away. The serious there. I would request the driver again reminded that some Government to send a team there peculiar noise was being heard. One to study the whole thing. Some of the parts of the coach slipped down lasting benefit must be given. The and was caught between the wheels water table is going below, because when coaches derailed, one after there is no water in the river. In the another and capsized. non-delta area, it has gone very low. We are in a very unfortunate posi­ I would request the Government tion. The whole of Tamil Nadu is to hold a proper enquiry into the bleeding due to this nusery. There causes of the accident. The enquiry is no drinking water available in by the railway inspection officers U many villages in all the districts of not proper; it will not give you the Tamil Nadu. There the sand is so truth about the accident. If you want hot and so dry. That is the position to get at the truth in the interest of of th<» Tamil Nadu area. Kindly show the nation to avoid such accidents in some mercy to Tamil Nadu. Please future, you must hold a proper 225 ®c< continuance in CHAITRA 15, 1899 OSAKA) force of Proclamation 226 in respect of Tamil ita d u (St. Res.) enquiry. Our railways have got a proper lessons may be drawn for the proud record in the matter of acci­ future of the safety of the rail travel. dents. This is a very serious matter. I want 1 a thorough probe into the matter. Late Shri Lai Bahadur Shastri had given us an example. He was not With these words, I resume my seat. responsible for that accident. The natural causes were there. But till THE MINISTER OF HOME AF­ he resigned. FAIRS (CHAUDHURI CHARAN SINGH): Mr. Chairman, Sir, I *m AN HON. MEMBER: What about glad to find that the resolution has Mr. Alagesan? not been opposed by any hon. Mem­ ber. And yet .long speeches have SHRI M. KALYANASUNDARAM: been delivered. I raised a point of Let us emulate the example of Mr. order but I was overruled, perhaps, Lai Bahadur Shastri,, not of fr. it seems that the hon. Members were Alagesan. right in saying what they did. The question, however, is whether I can SHRI O. V. ALAGESAN: On a reply to al lthe points raised from point of information. ... fishery development to railway deve­ lopment and the railway accident. SHRI M. K AL YAN ASUND ARAM: The hon. Members have covered a I am not yielding. Two Members very wide field. I do not find myself cannot speak at the same time. He competent to answer all those points cannot interrupt me. I will not allow raised at such a short notice. him to interrupt me. I would only refer to three or four specific points that have been made SHRI O. V. ALAGESAN: Who is on which the Government can take he to allow or not allow me to in­ some action. Firstly, about the ques­ terrupt It is for the Chair. Sir. on tion of drinking water, I will see what a point of personal explanation. relief can possibly be extended at the instance of the Government of MR. CHAIRMAN: Since you have India as soon as possible. • I do not referred to him, let him explain. know the extent of the problem But. as I have said, I will do my best SHRI O. V. ALAGESAN: I placed so far as the Government of India is my resignation in the hands of the concerned. then Prime Minister, Mr. Nehru. He Secondly, some cases of excesses advised me not to be hasty. He said. committed during the President's “Mr. Lai Bahadur Shastri has already Rule were also mentioned.... resigned. You do not resign.” So, on the advice of that great leader, I AN HON. MEMBER: And also did not press my resignation. Let the during the DMK’s regime. House know it. CHAUDHURI CHARAN SINGH: Here, I am concerned only with the SHRI M. KAL YAN ASUND ARAM: President's rule. If specific instances I want a thorough inquiry to be made are brought to the notice of the into that accident. You send a senior Government, I assure my hon. friends officer from the Railway Board and there that strict action will be taken. the State railway officer. You also An inquiry will be held and if the depute some senior officer from the persons who are accused of crimes Home Ministry. It is welcome. Let and excesses committed by them are there be a proper inquiry to find out found guilty, strong action will be the real causes of the accident so that taken against them. 175 LS—e 227 Re. continuance in forct APRIL 8, 1977 At. continuance in force 228 of Proclamation 19 0/ Proclamation in respect of Tamil Nadu respect of Nagaland (St. Res.) (St. Res.) [Chaudhuri Charan Singh] SHRIMATI PARVATHI KRISH­ NAN: There were some points re­ Another point that was made was garding closures and so on. Will the about the constitution of the Advisory Consultative Committee be formed Committee. I said that perhaps no soon and these matters be referred to such Committee was necessary. But them, as these are of extreme 1 find I was wrong. It is a statutory urgency? Committee. I understand that the Home Ministry has already taken CHAUDHURI CHARAN SINGH: necessary steps in the matter and The Consultative Committee is being soon a Committee will be appointed. formed very soon.

Now, there is a question about MR. CHAIRMAN: The question is: Hindi. Some of my friends have im­ ‘That this House approves the ported heat into this question but that continuance in force of the procla­ heat was imported unnecessarily. mation dated the 31st January, This Government has absolutely no 1976 in respect of Tamil Nadu, intention of imposing Hindi 0n any issued under article 356 of the State or Union Territory. Constitution by the President, for a further period of one year with Now, so far as elections are con­ effect from the 10th March. 1977.** cerned, the Resolution itself says that the elections will be held within a The motion was adopted.. few months. Supposing 1 had said in the Resolution that they will be held ‘within three months’ or ‘within 17.4® hrs. four months’ or ‘as early as possible’ STATUTORY RESOLUTION RE: I think matters would not have im­ CONTINUANCE IN FORCE OF THE proved thereby. I have already com­ PROCLAMATION IN RESPECT OF mitted myself to the statement that NAGALAND the elections will be held within a few months and the term ‘few THE MINISTER OF HOME AFFAIRS months’ can include a period of two (CHAUDHURI CHARAN SINGH): ‘I months to four months also. I am beg to move the following Resolution ready to amend the words of the in the House: Resolution to read ‘as soon as possi­ ble* if that will satisfy the Hon. ‘That this House approves the Members. continuance in force of the procla­ mation dated the 22nd March, 1975, So far as the fairness of the elec­ in respect of Nagaland, issued under tions is concerned, this question need article 356 of the Constitution not have been raised at all. We our­ by the President, for a further selves have been victims of unfair period of one year with effect from elections. I therefore assure the the 26th March. 1977” . Members there that so far as we are concerned, we will do our best to see The State of Nagaland came under that the elections are free and fair. the President’s Rule with effect from 22nd March, 1975, the date on which Now, I may say that in as much as the proclamation under Article 356 the people of Tamil Nadu will soon of the Constitution was issued by the be in charge of their own destiny, President. This proclamation was perhaps no emotion need to SDent over approved by the Lok Sabha on 25tH this issue any more. With these March, 1975 and by the Rajya Sabha words, I hope the Resolution will be on 26th March, 1975. Since then, accepted, by the House. three extensions of six months each 229 Caltex [Acquisition CHAITRA 15, 1899 (SAKA) of shares of 230 Caltex Oil Refining (India) Limited etc.] BiU were approved. The last time THE MINISTER OF PETROLEUM Resolution for further continuance in AND CHEMICALS * FERTILISERS force of the proclamation in Nagaland (SHRI H. N. BAHUGUNA): Sir, I for six months, with effect from 26th beg tP move*: September, 1976, was passed by the Lok Sabha on 20th August, 1976. The “That the Bill to provide, in the proclamation was thus in force upto public interest, for the acquisition and inclusive of 25th March, 197T. ol the shares of Caltex Oil Refining The continuance of the proclamation (India) Limited and for the acqui­ for a period of one yea* from 26th sition and transfer of the right, title March, 1977 was also approved by the and interest of Caltex (India) JRajya Sabha on 1st March, 1977. Limited in relation to its under­ If the House is pieased to approve takings in India and thereby to and adopt the resolution I hav? secure that the ownership and con­ moved, President’s Rule in Nagaland trol of the petroleum products pro­ can continue for one more year. This duced by the Caltex Oil Refining would not preclude elections being (India) Limited, and marketed and held long before the period of one distributed by the said undertak­ year could expire. Government ings, in India, are so distributed as would like to have such elections as best to subserve the common good, soon as the climatic conditions in be taken into consideration.” Nagaland could permit the holding of elections. Monsoon breaks out in This is a Bill which heips this Nagaland much earlier and, therefore, nation to have control over one of the elections would not be possible, for mo6; strategic areas of its economy reasons of climate, in June. But we connected with both development and are most anxious that elections should dcfence. The Caltex and the other be held in Nagaland as soon as concerns which are being taken over possible. have been doing their business in this I commend the Resolution to this country for quite some time. Never­ House for approval. theless, it has been the consistent MR. CHAIRMAN: There is only policy followed by the nation to own one member to speak on this. Shrimati and conduct the affairs connected with Rano M. Shaiza...... She is not here. this sector of our industry through I shall put the Resolution to the vote* the system of public ownership; that oi the House. The question is: is 'ilmost a national consensus, a national policy. It is, therefore, pro­ “That this House approves the posed to take over all these interests, continuance in force of the Pro­ and provision therefor has been made. clamation dated the 22nd March. 1975, in respect of Nagaland issued under article 356 of the Constitution One thing is true that this take­ by the President, for a further over is through the agreement arrived period of one year wit1 effect from at between the predecessor Govern­ the 26th March, 1977.” ment and Caltex (India) Limited, and this Government would not like The motion was adopted. to go back upon that agreement Therefore, we have brought forward 17.52 hrs. this Bill providing for the samp type CALTEX [ACQUISITION OP of compensation as was agreed upon SHARES OF CALTEX OIL REFIN­ between the predecessor Government ING INDIA) LIMITED AND OF THE and the Caltex whose interests we UNDERTAKINGS IN INDIA OF propose to take over. I hope that the CALTEX (INDIA) LIMITED] BILL House will welcome this measure and •Moved with the recommendat on of the Vice Present actji g at Pres dent. 4frl C altev tAcqvisitio* o t tharm. APRU ifi, 1877