553 ContII. (AinMd.J. PHAI..GUNA 23,1913 (SAKA). byShtiSudhkGltl 554 (Amend. d AIt S58} The moIIon -1I!doI*l. . (EngIsh)

[TI8fISlaffonJ MFlCHAIRMAN:Nowweshaitakeup further considaratIon of the foIowing motion SHRI MOHAN SINGH: I introduce the moved by Shri Sudhlr GIri on the 20Ih De- SIr cember, 1991, nameIy:- "That the BiB further to amend the Constitution of India, be taken into considandion. - 15.35 In. SHRI P. ·C. 1lIOMAS (Muvallupuzha): REPRESENTATION OF PEOPLE MadamChairman,lwasspeakingonthisBiU (AMENDMENT) BILL· and I was trying to say that article _, though it is very necessary; is am article (Amandmant of Section 77. etc.) which is being openly attacked by aImoal aI since it has been used at various points of time against various States. In 1977, we saw [English) that the Government which came to power after aRaging that the previous governments were using article 356 indiscriminately, had SHRI CHITTA BASU (Barasal): I beg to actually used this as a weapon to 8CUlt1e so move for leave to intlOduce a Bill furthetr to many State Govamments without any other amend the Reprasantation of the PaopIa reason than for a statement that the majority Ad. 1951. was thinking otherwise. There was abao- IuteIy no cause for that but that was done in MR. CHAIRMAN: The question is: 1977, just after the Government came in -power in 1977. "That leave be gra.'1ted to intlOduce a Bill further to amend the Rapntsanta- In·a similar way, we all speak about tiDn of the Peopla Act, 1951.- Sarkari. Commission'. Report. We have several times stated that it is a report which 1be motion was sdopIfJd. should be given effac:t to. But we have seen that the vary essence of the Report was SHRI CHITTA BASU: I intIOduca the flouted by the Government which came to Bill. powertwoY88l8backin 1989,lnthecaseof Kashmir, when a Governor was appointed In a manner which was not beIIlting at all and which was against aU the spirit of the Sar- karia Commission'. Report which said that MR. CHAIRMAN: Shri Bandwi Datta- in the case of appointment of Governcrs, the traya - AbIent. Stale Government or the Chief Minilllara may be consult8d. 1U8tn. 15.38 .... OONSTITUTION (MENDMENT) BIll- CONTD. [SHRJ SHARAD DIGHE in the Chair]

But not onlytha Chief ~ waran' consuIed but the Governors were thrust . By 8IIrI SUdI* GIrl. upon agaimdthewRl of that govamment and further that government had to go jUst be- -Published In Gazane of india. ExIraordinay, Part-l!, Section, dated 13-3-1992. 555 Const. (Amend.)- MARCH 13,1992 (Amend. of Att. 366) [Sh. P.C. Thomas) thisdiscu"on, stated abouttheclismlssalof the Govemment of KeraIa in 1957. In 1957 cauae of this 8J!POintmenllheGovernment CommunistGovemmentcametopower. lis ....igned and immediately altar that, the true that the Government was dismissed in Central Government dismissed even the 1959. But it is also true that within the short Assembly. So, we have so many examples span of about 18 months or about two years where article 356 has been found to be of of rule, the State was in such a condition that uaebuton many occasions it had been used the law and order machinery had completely In a manner which was nat so be fiting. failed and there were instances of the Gov- ernment causing so many deaths. There· Butthis is not an article which should be was a point 01 time where the people of aa'8pp8Cf and I do not think that evan the Kerala would not have allowed the G0vern- mover of the Bill h88 stated that this article ment to function 88 such. That was the shoulcl go. BI(t the amendment which has mndillon. And the Government also fel that been given is only to the effect that this it was not easy to function in a m!lStitutional should not give general power to the Central manner and, therefore, the Government had Government when the State Government Is to take so many m~ures which were ab&o- not in a position to act in accordance with the lutely to the complete dislike of the people of . ConstItution or when the constitutional KeraiL The,. were inetancae where preg- machinery has failed. The amendment is to nant women were indiscriminately killed in effect that It should be on the basis 01 munt- the firing by the police. There was so much ing of heads in the Council of Ministers to of firing that took place during that time that know as to whether the Council of Ministers It isdifficulrto describe. That was not thought has loSt the majority or not. Secondly, it is of at aD in ~a which State, even now - . also said that if the State Government acts in yearsaltartlvd-Contlnuestobeavery .... such a WItf as to put the country's sover- ful State and where the law and order situ- eignty at stake, action will be taken. These ation is maintained in a very proper fashion. are all things which can be interpreted in so many manners. I would say that even if this Whenthecondltionswenttothatextent, ·amendment has to come, even then the there was absolute necessity for the Centre purported or apprehended dangers cannot to intervene and It wasonly ArtIcle 356 which be taken off because this can be irterprated came to the f88CU8. I would think that Article In ather ways and the ~ment will have 356 had actually been ...s in ··tha .... fun powers to dismiss a Government in the manneratthattimewhentheGovemmentof State on these line&. ~ was .dismisMd by.using this power under Article 356. I do not think that evan bY an amend- ment of this nature, there can be any kind of I appreciate and I am happy that the bot.!~a.r!= put =A."!!de 356, ! would aug- hon. Mamber has moved this I!Imendment . geat that there is absolutely no need to bring Bill to bring out the immoral 'W8'/ In which, an amendment of this nature. But this is an sometimes, this Article is being used or may asPect Where the poIIicians as weB 88 the be used. It has IIJIO _n abused. He .. persons In power have to think and have to moved this amendment to gMt praper be pruvoked for this Bi1laswel88thaobjeds thoughts to d concerned as to wh8Iherthis that are behind this Bill·isa time for taking Article should be used in an indiscriminlde a firm decision that Article 356 wi. not be manner or whadw It 8houId be used in a used indiscriminately and wi. be used with very proper manner where suchcaution is much care and caution for which provision much necassary. I would congratulate the . has already been made In the Constitution. han. Member and althe same time, I would requeet him to withclrawthe 811 becaI_ the In condueion I want to add one more amendment sought wII not be··in u. will poinL Many hon. Membera, in the COUI'M of the apIrII which Ie 8ICI*f8d out of the _ . 557 CanIt (AmMtLJ - . PHALGUNA 23. 1113 (SAKA) by ShII SudhIT Gtf 558 (AmMd. d Alt..., PROF. K. V. 1HOMAS (EmakuIMI): the SovIet UnIon, theclllinlllgnlliDof Yugo- Mr. ChaIrman, SIr, III the OUIMII congndu- ..... Ie a '* ...... or the demoCIlIIIve IIde my han• .".... ShrI SucIIir Girl for fras on the 8bang. I ... feel thai the Soviet having b1augh11hIa amendment BII which Union IIhouId have bean IINrigIhened and giv8e a chance to this Houae to have a the Soviet Unonllhould nat have bean cia- ...... on ArIIcIe 358 of the ConsIIIu- inlegrIIIed. BuI you' Icnaw, aI the ..... lion of india. rnDV8II*d8, the ~ and Glaanoet, lnIIaIed by Garbachev .... been In goad SIr, india became a Republic In 1_ dIrectIan wilt ...... mIndecfne-. BuI and we have pa.cl42 ,...... then...... "-Ia landed now? So, _ .. aura Is a fedenlllIrucbn. allbang c.nn unhIippr. I sill .... thai the SocIaIIIt and and a piUIp8IUUS State. But after 42 yeara. Communllt movwn.nts In the world have when we diIcua Article 358, I .... thalalat gala" to pIay,·beca... we do nat.nt of light should be thrown on 1hIs Article. Sir, the Communllt IIICMIIIMIP1I to periIh and we the finI( lime when thll ArtIcle ... put InIo .. do not WMt the SocIa.. rnovemanI to per- action was the dlsealullon of the Communllt 1111. 'They hav8 to grow, but 1hey hav8 to Government in Ker* In 1959. We knoW the undendandthechallgMthalaretlllclngplace badcgiaund of the deciIioft.1hIII'" ..... intheglablll,~. Thea*is ehrinkkIg by Pandil JawaharIaI Nehru. Thera was a because 01 the WIdeepread and rapid com- people's movement against the than Com- muntcallon changes. Anything happanlrv In . munistGovemmentandthaltoowasthefht Moecow can be seen In India thraugh the Government in India whlch.came to power smaI acreens. So, when the world is shrink- through the ballot paper. After 42 years ing to such a small size, the Communist when we analyse the ~Ion taken by movementalaoshould haYeundenlllDDdwhal Panditj~ there may be adilfaranceol opinion Is happening 8IDUnd. UnlorlunatelJ, the on whelharthal decision was correct or not. Communist leadanlhlpcould not undenlland Thera are ... certain pertinent points which thechangesthal are taking place around the we have to bring out. world and _ a ...... now _ find thai the Soviet Union Ie disintegnting an many 01 the Sir, althe pr888nt juncturewhan we are SocIaIIIt coUnIriea are also disintegrating. cIiacuaing thia 81, look aI the world ace- . 'TheM parIicuIar d8veIapmenIa which are nario. The Soviet Union which_a Repub- taking .,._ 8IUUnd India .. aIeo __ Ie, whlchwasoneof1heworldfan:esbalanc> thiIV Of' which we have to ponder about. .irJg the poi1lcai tomes1n the globe, II being sIQwIy cfiair.dea1'8lion. Sam. 01 my friends w. should haw a strong Centre. a aa.ythaleoinmUnism isbecaming Irrelevant. Centrewhich should be able to ...thallndia Some of my friends say thai the rule 01 the II unIed. Now, we ... the divisive and Communist Party in SeMel fUsIa _ nat ...lllonist ton. working In ow country. up to the ...... Ioi. of the people 01 U.S. We have gal pmbIema .1 Punjab; we have S. R. buU am wryeanythlittheSaviet Union got pablem81n KashmIr, we have gal pnIb- has dlsintegraled .....thai ..the only lema In Alum, ,.. have gal NaxaII8 pnIb- tan» which was a maICh apInIII AmerIcM IemaInAndhraPrade8h and_hav8ga1the inperiaism. Now, America hill became a LnE acIivIiee In Tamil Nadu. Mhin our ..... policeman. U.S. A. is ...... country, there ..a large number of cIiIInte- dewlapment of .. the __!aping nadon. grating forwa and abcMt .. 1hIII ..... We had a powerful ScMIIt UnIon which was communalilt ton. are also there. 1'hen, always chec:IcrnaIing 1he !mperiaIiaIic IIICMI- there II the IinguiIIic problem. Even tDdar ment 01 the AmerIcM GIMImmenL You moinIng, intheQuealion Hour. unfortunately knairthal America ... Is awn WitId Ir.:or-- _ofourfrlend8..adtoImpoleC8ltllln .... :: ~~ ~;! ~ c:t.. aJUNIy ill . t:;!.~.. _ ~ of - ..agaInsI MIncI, but_ dewlap I....,. __ to funcIIDn .. a ...nhllalthe indian ...-;;!. .... 1houId be -.lei poIicIIrun. So, the dililllgnllian of ...,.., ~. So, there .. ., many 558 eo.t. {AmBnd.}- MARCH 13. 1992 by Shd Sudhir G/d s80 I " (Amend. .fII AIt. 3S6) (PIal. K.Y. Thoma] 8bUted we had the MandaI Commission problem and other problem. At least. now dIIIntegnIIIng IorC88 which are working In there is some kind of paacelul atmosphere. this country. This Is a vast country in which Similarly. about" Ramjanambhoomi-Babri 83 mIIonsaf people ant 1vIng. taIdng dilfer- Mashid issue. diacusslon is going on and ...... ,.... pa •••••ingdlferwntcu.u .... there Is somewhat peaceful atmosphere. . and dlffMmtfood habIIL So. If this country Is These are achieved ttvough a number of to be unbd. one major factor Is thai there debates and discussions. All major polilical ehauId be aatrong Centre. Whalthal Centre parties ought to be taken Into confidence. should be ? Should iI be life an India lami., whent the husband and wife function to- One of my request is. when any deci- gether and the husband has got a IltIe more sion is to be taken by the Central Govern- prominence? ment under article 356. there should be a discussion by the Central Govemment with SHRIMATI MALlNI BHATTACHARYA aR the recognised political parties. Some (Jadavpur) relidlon- We want husband-wlfe structure should be there. In that structure. ship In the Cent.....stat8 relations also. there should be a dabate. Supposing tomor- row early mornlng,l wake up and find that my PROF. K. V. THOMAS: I agree wIIhthat Stale Govemment Is not there and the As- (1ntetnfDJns) So. some kind of a relatlon- sembly is dissolved it Is painful to me. So. ship whera the Central Govemment accapIs there should be a debate. No the same time, thefundlonlngof a State Govemmentshould I do not completely agree that there should bethela. The State Govemment should have be a clause which says that the majority test independence in their own functioning. of the Councilof"Minlsters shall be proved on the floor of the legislative Assembly only. By Sir one of the decisions taken by the V. and large. I agree with it. But it cannot be the P. Singh Government was the decision on on., criterion because we see.. what hap- Kashmir and we know what had happened pens In many of the States. There is wide- later. In 1989, atleast we could go to Sri- spread hors.-tradlng. We cannot allow the nagar. I have gone there in 1988 and 1989. horse trading, whether It is done by that " At that time. there was no prabIem which we Party. In the political system. we cannot are eeeing now. One pollllcaldecision which ag .... tor a horae trading. Therefore I cannot _taken haddathroned a popular Govem- compI8telyagreewlh suchc:lauae. OfcOul'S8. ment and now.e ..in avery b.:I situation. _ tor _ posable. it is always best to put the is So, what I suggest that. the Central Gov- majorIly testonthe floor of the House and~e ernment. when they take a decision on the strength on the IIoor ~Id be taken into basis of Article 356 on Stale novernments. " account. At the same time. there should not there should considerations abOve political be horse trading. consIderatlons.lt should be nat be merely . "political but there should be a dilcusaion wilh the 'riIajor parties. The Government at There are some disputes. For example. " the"CenIraI may belong to one party and at there is Cauvery water dispute which is quite the Stat8s, iI may be dIIIerent.lntiscountry. unfortunate. Water is not the property of any 1here ant number of states which are ruled Stale. It belongs to the entire nation. In many by 0Iher Parties. In the Centre ..... there is of the water disputes, each State has Its own a GlMlmmenl which I.:ks majority by a'ew point which may be valid but can it be taken Members. And this Govemmert, _the han. to-an extent where the State have to fight PrIme Minilllerhas said. wantatolundlon on against each other; to the extent of moving consensus and he wanIII to runthls~ from away the federal structure. We should ment on COn&ensu9. AI major I8Iue should ttiAk of it. Water resource should not be the betacled·natonthe strange 1llU...... br!. ;ompertyufanyor.~""~WOj .. nder on consensus. We!='.. seen howbt con-. thepreeentgeographicalsluationwherethe sensus Woi't\8d. When the Tenih l.ak Sabha original of the river may be from on State and 581 Con8I. (AmMd.J BII PHALGUNA 23. 1913 (SNCA) by ShtI SudIW GIrl 582 (Amend. 01 All 368) ItllftowingthlaughdlfeNnt SIal... Wllhthla GcMImmMIi.t ...... natbMn. geographical sIIuaIi9n. I feel water f8IOUIC8 lingle it ...... in our consIiluIionaJ ...... ,

should not be veated In 8If'/ particular StIIII. whera ArticleI 358 .. not been...... My point is, water re8OUIOI should be the resource of the nation eo that if there Is a Even if _ admilthal the m..... of our dispute,theGovernmentaflndiacoulddecida ConstItution had .good InIention when they aboUlit. included this ArIide in the ConatWIon. _ canncrt ...foaaingla instancewt..lthas 16.DOhrs. been U88d with justice. (In,."...".)

(InttHrUptions). These are the disputes SHRI M. R. KADAMBUR JANARlHA- which come in between. These are the pub- NAN (TlrUneIveIi): It is the wish r:lthe paopIe . !ems which hayecrept into the national polli- to puHdown the Govemment and it has been cal structure. justified by Shri Karunanidhi's totaJ .clef ... My request to the august House is that SHRIIATI MAlINI. BHATTACHAR- we should have a wide thiMing on how this AYA: .,...... me 110 speak. Article 356 should have • wide thinking on .how this Articte 356 should be UMd and MR. CHAIWAN : PIeaM do nat dII- when it is·used, the massage should go 10 turbo Don't inl8tTupl the ~ of this counby thai it is not • political vendella and that it has been done SHRIMATI MALlNI BHATACHARAYA: with all good int8ntIons. ThepntViDus ....hadbeentalking ...... the disrni8salof the E .... S. NamtJoocIqJad This BiI which my hon. friend moved in Gov8rnment In 1959 which he said came_ the House h_ started a debate within the a result of a people's movement. Housa.It may trigger oft dabaIe outside and we will get back aome mLsag. which will try Now evan·'.1 admit for a moment thai 110 improved the political system of the c0un- there _ a people's movement in KenIIa try. .... the ~ Government then. lam .... ""friends wouId ...~ SHRIMATIMALlNIBHATTACHMAYA people's IIICJIIWMfII would have been BUIII- (Jadavpur): Sk', I want to make a few points cient to topple the Gallemment. whDe 8I4JPOfIing the l'88OIution of the han. Member Shri Sudhir Giri. WhydidtheCenlnthasto interwneand bring down the GlMNnment ? Thent would Article 356 come under Part XVlHofour be no ...... why Article 356 had to be Constitution. It is one of the ametgenCy . applied to tc.aIawhen E. M. S. Namboodiri- pIOVisions. pad_the ChiafMini&terthere, ifther8wa a peopIe's movament to bring down the We have been taking for a long time Government. about deleting this Article from the Constitution.This has proceeded from the THE MINISTER OF STATE IN THE way in which the bagey or amergeney h_ MINISlRYOFPARLIAMENTARY AFFAIRS been raised at different stages in the history AND MINISTER OF STATE IN THE MINIS- of different State.Thisbogies has been raised TRY OF HOMI:: AFFAIRS (SHRI M. M. at the beck and call of the ruling party at the JACOB); : It you yield for a moment. It was Centre. specifically on the request of the Governor there that there was a total break-down of Beginning from the dismissal of the E. the administrative machinery. That was the M. S ..NamboodiripaJ Government in 1959 basis on which that decision was taken by right down to the dismissal of the Tamil Nadu the Government: of India at that time. - .a.t (AnMntl)- IMRCH 13. 1892 •. {Am«Id. III AIt.. 3511} SHRIIMn MALIN. BHATTACHAR- AVA: V... , know that ..... is a pnwiIiDn in AlIa. 358th1d tordilmileal itSlale Gowm- menI:.... ._ 10 be a raport from the ~ or aIherwIIe.• am coming to this point about the WBII In which eIIher wIIh NpOItflam the,GcMImor or.wIhout reporIs flam the Governor, the GovernmenIs ..... Mr. ChaIrman: Just one minute. The bIaught dawn. In the C888 01 Tamil Nadu, , time aJIotted to this BUI is over. Shall we 1IIIIt,..., •wonder whelher theN was any extend it? How much time should we ex- NpOIt from the Gcwemor. It Is very dubious f8nd? ...... theGovemorlignedthat raport and In .... df'1hal the Tam. Nadu GcMmm8ll SEVERAL HON. MEMBERS: We ..bluught down. There was no raport. should extend the time.

SHR..... R KADAMBUR JANARTHA- SHRI E. AHAMED (Manjeri): This is a NAN : I admit thaN was no raport.. But very important matter. We should extend the hIsIorIcaIv • has been proved. The LTTE time. mcwementhasbaenproved bythepeoplaaf this country .It has been pnwedtothe wOrld. MR. CHAIRMAN: All right. Shall we That GcMammemwas pulladdown bacaus_e extend it by one hour?.•. We extend the time 01 the support given to the LTTE. I was by one hour. You can finish it before that. proved to this country. wall. the would. There is no compulsion that you must carry it on for one hour. One-hour's time is ex- MR.. CHAIRMAN: 'There Is no discus- tended. Madam, please proceed. sion 1M this. SHRIMATI MALINI BHATTACHAR- SHRIMAn MAUNI BHATACHARAYA: YAYA:So,InWestBengal, a few years back, So, I would 1M to say thai by the term wefound a sudden spurt oIthesefJSSipalous "GcMmor's report" or when there is no forces. The Central Government was taking Governor's report. by the term "OIherwisa·, a very ambiguous attitude towards it was not GoNmmenIB are brought down. They .... . coming down with """ strong approach bIaught down, _ find, at times when these against this kind 01 a ....ratist slogan, this Gawrnmenlstum out to be inconvenient tor kind 01 a separatist movement debmdely the ruing f*lY at the Cadre. It is precisely fomented by a few people. Then, we found becaI.. of this liabIily to be abused that we during the elections a kind of open under- • ...a1he ArIIcIa to be abrogated. standing betweenthlspaltywhich had raised • • a separatist demri and the ruling party at Now I come1D the qUestIon fo law and the CenInt. So, time and again we found that 0Iher. When a Govemm8ll is about to be fissipaious forces .... encouraged. So it diamissad. there has to be a raport from the bacom_ a political matter. I the spirit of this Governorsayingthatthentlsalawandoidar Article 356 il that law and order should be pmbIam In Iha ~ which the Stale cannot maintained In dIIferent Stale, then, that spIrI tadda' and therefore the Preaidart should Is violated by the political fact thai _find so taka over. But in veiy many cases we find often. Ute pOllical phenomenOn that we find thai enc:ouragemenI to these·1Issifaous so often 01 certain int8rasted forces foment- ton:aa is given by certain ilUf8St8d pollical' lAg law and order problems in the Slate and parties. What happened In Punjab when the then using that as an 8XaJS8 for dislodging a Government of the AkaIi Dal was there? popularly elected Government. WhoMcouragedthe separatist. who raised 8hindranwaIa to prominMca? In Wast Ben- My previous epeak8r ._ afso spoken . gal also we have sufferad from this. A few abcHd the Soviet Ruuia and disintlgralion 585 00Mt. /AINnd.) - PHAl.GUNA 23. 1813 (&AKA) {Am«Id. 01 Att. 3SBJ ~ ScwiaI: RIaIa. I do dink thal_ ehauld en\ment, that our poIIIicI4 parties, thai our thai ...... from the tragic dlsilltegralion. . States should learn from the tragic diIInta- BulwhIIt lethal? I am not sure and lcould not gratiDn of U. S. S. R Here,' would Ike to say ·...... whatthetDn ...... _tIyIng thai when the sarkarIa Commission pr0- to 811J. ~ one point,.It I88IIMId to me that he duced its report, _ had hoped thai in its ... trying to Say that the Soviet Rusia NCOmrnendalions, it would agree with our dilfttegrated because it did not have suffi- point of view regardingthedelalion of Article clenllysllongcantre. Now I would be_you 356. However, _ do not find this in the to look back in the pages ~ history. The Sarkaria Commisalon Report. And as such, dIfaNnt repuh!ica whicft chose to remain we cannot accept this part of lis NCOmlllWl- within the Union of Soviat SocIalist Repblic dations. Nonlheless, it had aIIO been sug· were the beckwMI ...... backward States. gested by us thai even if Article 358 was not And afterthe Russian Ravolutlon, there was deleted at the rnqment, let the Irter-States an asIonishing development of these diff... • Council be activated and if Article 356 has to ent regions, different language and different be used, let it be done only through the cullure. It was an astonishing development sanction of the Inter States CouneR. and no one can deny that. It was because of this decentralisation of power, the Union of the Inter-state CouncH was activated; Soviet Socialist Republica had thatguts, had that was during the brief period of NatIonal thatcourar;e to'aIIow the devolution of power Front Government. It was activated; thent to the different republics and to see thai were some meetings of the lnIer-8tate people in backward areas gotthe most of the Council. However, on the question of the fruh of development. This Is why, ttvough Inter-State Council having a role to play, the attack of Naziism under which the whole having a say in the matter of application of of Ewope reeled, the Soviet Russia h0w- the Article 356, there has been no further ever, remained united. None of the repub&c discussion on that and the present Govern· yielded to nazytenor. And that ...because ment also is campIateIy silent on this issue. thisdecenhalisalion hadbeenthentbecal_ ~ attention had been paid to the • has been said thai the Governor has deualapment of the backward State•• til. to give certain 1'8pOfIS. In T"",ra. we heard later phase of history, _ find an oppoaIa a year before last that there had been a thing happening, if _ find the U. S. S. R raport from the Government dealing wIh the disintegrating - • do not know, maybe the law and order siIuaIiDn in T"",ra. What time has not yet come to analyse it-_ can happened to thai? Is. always that the Goy. certainly make aconjec:turethalaom..... ernor's Report is paid heed to by the Central thisprocesaofdecenlrallsallon, thisprocesa Government, not aJwaYs but only when it Of ~n of pGWW' to the Stales, to the suils the ~ Government that it pays dlffer8nt regions, to people belonging to dif· heed to the reports· to the Governor?And • ferenl cultural, linguistic groupe, must hllV8 thing that certainly the role of Governors has been stalled al8OI'II8 point or the oIher. This to be one, like the rol .. of the Chair. The is the mistake, posstiy - I do not know. it person who is sitting in the Chair, may be- istDoc:omplex a phenomenon for us to come long to one or other political party, may have to adalinita analysis as yet. But this could be political affiliations, butwhen he or she sits in one pmbIem wilh the USSR which might the Chair, there must be absolute political haIM been ...... in the disintegration. nutralily. And that is how the Governor is 'TheI8 migtt have been a certain hegemony expected to behave. That is the high stan· glOW of one rapubllcCMN' anoIherwhich had daJd that a Governor has to maintain •• am come about at one particular phase of·his- afraidthat with a kind of paty poIilIca vitiating tory.ldo notlcnow.ltcould be. Butcertainly, different aspects of our civic life, wiIh·the It was not ·cIecenbaIisaIIo that led to the . narrowing down of poIitics .. nanowedtopetty dis'nteglllllDIl of the RuaIan Republic. And party interests, the role of Governors also is I think. that this Is the IesaIon thai our GoY- not always above question. 5fi7 a.ist. (AIMnd.)- MARCH 13, 1992 by ShtI SudIW GtI 588 (Amend. at AIf. 856) [ShrImatI MaIIni 8ha1tac:1.-': aye) into the maII8nI of our oouniry, ., the poIlics of ourcounlry and the econamIcs of I have raIaad the maaar of T...... But our country. W. find such forces are raising In the C88 of Tripura. evan I bn Is an the question 01 human rights with Nfenmce incrimInaIIng report flOm the Govamor, we to Punjab and Kashmir. We are very sure of ourselves. would not ask for the applica- that these parties are interested parties. tion of Article 356 neither In the case of Why? Bac:at ...thase ...... menforhuman Tripura nor in the case of anyolherllO he one rights only speak of police rapr888ion; but particular lion. Minist. or anathaf, they tell thay do not speak10 the rapression that is .."look, this is a State mailer and we cannot enacted by the terrorists, which Is enforced do anything about this.- SIata rnaIter is by the terrorists upon the citizens of a par- sorneItIing sacrasanct. ticular State. ThaI is why we are amvIuced that these foreign foR:es which say that we So, when a couple of years back. In are not observing human rights in Kashmir Ujan Madam in Tripura. a number of trbaI and Punjab are interested parties and we are WOIII8fIo9OOr tribal woman...... raped by not convinced by what they say. 101M membena of the Assam RIfles. that incident was sought to be supre.led by the At. the same time is it not true that the TripwaGovemment. A commission was set question of human rights, the question of - up by the Suprarne Court and the report of civil rights is one which becomes althe more the Commission hat come out. Now we important when a State is under the Presi- kncMth.ttheN lICCUUtionaand eIIegIItIons dent's rule? Think of Punjab, think of J(a- of iap8 ..... baed on haRt fad. We also shmir.ltthe role of the police and the army in knowthal aIlhough two-three years elapsed Punjab or in Kashmir is identified with the after that, even now the guily have been role of oppressor, if it Is seen by the people brought to book. Why 1 Because it is a State as a repressive role, as a monstrous _, if sWjectandbecal ..the Cantrecannat inter- the police and the army are regarded wilt! ,,_ Inka the sacmsanc:t ch8l'1ld8r 01 the tenor and with disgust, then the very pur- $tate Governments! pose of President's Rule Is defeated be- cause instead of improving the law and order So We find that this sanctity of the Stale situation, it has the opposite effect of throw- Government can be interprat8d in many ing the people ov. to the side of the terror- dIfeNnt.. at different times. ThaI is why ists, to the side of the separatist forces. at the very outset of my speech I have said that article 356 is known more in iIs abode Therefore,lthinkthatduring President's than in itspraper use. In fact, I have said that rule in a State, it is very difficult to prevent this we cannot find a single case where it has situation when army and the police become bean uaed property. objects of terror and hatred for the people. This is another reason why Article3S6 should Where the President Rule has been not be used. In Punjab, the AkaIi Govern- imposed in a Stide we find that there is a ment was dislodged. Did that leadtoa reduc- . special situation. There are certain rights of tion in terrorism or it cause an increase in individuals, certain rights of citizens which . terrorism? I am sure it cauSed an increase in are curtainled to a certain degree. It is said terrorism. So, while imposing President's that only under a very special situation the rule, yOu are not solving a law and order President'. rule is imposed in a Stat•. And problem even IfIl is there. You are Increasing because'it is a very special situation every the terror and indiredly you are eccouraging citizen must be prepared under the special the terrorists. That is why I think that this situation to forego some of his or her basic particular Article has no place in our Consti- rights of citizenship, basic human rights. tution and it should be repealed. With these Today we find that a certain very pow- few words, I conclude thanking you for hav- erful international forces wants to intervene ing allowed me so much time 569 00nsI. (Amend.) BII PHALGUNA 23. 1913 (SAKA) . by Shd SUdhlr Gill 570 (Amend. 01 Att. 356) SHRI GOPI HATH GAJAPATHI (Ber. In some cases. the centrallntervenlion iJampur): Mr. Chairman. Sir. Indeed the Bin would be inevitable. Also, in some other 10 amend Article 358 d the Constitution cases. the Central cannot go on waiting for moved by Shri SudhirGirion 20Ih Dectalber the lesue being decided on the floor of the 1991, deals with a very sensitive issue. State Assembly because in most C8888. the Considering the vastness and composite Chief Minister would try to win the support of nature of our country, the founding-fathers the majority of the MLAs before recommend· of our Constitution have rightly chosen a ing an Assembly s.ssion. This situation will federal structure with the balance mpower unn8C8888rily lead to political instability In tilted in favour of the Centre. In a country like the State. Therefore, in my view, the problem ours, the Centre must have aome extra power will not be solved by amending this Articles, 10 deal with unforeseen situations. Even the as suggested by my learned colleague, Shri Sarkaria Commission conoboratea to this Sudhir Giri. After aH. these are the people view. But 10 prevent misuse of this power, who ar.the ultimatedecid.rs in our country. Constitution-rnakers have in their Infinite They can iudge the jICtion of the Centre and wisdom provided certain safeguards also. exercis. th.ir mandate suitably wh.n .Iec- For example, any proclamation Issued un· tions are conducted for the State Assembly. der Article 356 must be placed befora both H.nce. I am of the firm opinion that th.re is Hous. of Parliament and shaH cease to no r.. need for a change in Article 358 of the operate at the expiration m twa months, Constitution in the int..... of the national unless it is approve(:I"by both the Houses of unity. . Parliament before .xplry of this period. SIiRI E. AHAMED (Manjeri): Mr. Chair- man Sir, the Bill moved by my leatned friend. Ours being a federal structure, different Shri Sudhir Giri comes as food for thought to political parties ruI.the Stale and the Centre. the parliam.ntarians, administrators aIsoth. When a Presidential procta;nation under people in general. The question before us is Article 356 Is Issued in respect of a Stat. whether it Is necessary to retain or delate or ruled by a party other than the ruling party in amend suitably Article 356 of the Constitu- the Centre, the action of the Centra is quit. tion. Sir, I am of the view that talking into oft.n viewed with political colour. But such account the invocation of Article 356, right proclamations are issued normally on the from 1959.. in the matter of Shri E.M.S. recomm.ndations of the Governor of the Namboodiripad Govemm.nt up today, there concerned State. "the P,..ldent is 10 act is no necessity as such to am.nd, as In view only when the Council of Minist.rs of a State ofthefaclthatth.re is nothing wrong with the loses majority on the floor of the Assembly, . provisions or the contents Of the Article, Ills it wiD trigger d.fections leading to avoidable the trouble with those who used it or.miausecl political uncertainty in the State. Here it wUl it. Aa· Shrimati Malini Bhatta::harya said not be out of context to recaIIthe IIdion of the they misused It but every tim. when w. Janata Pany Government in 1977, when discuss ArticI. 356, we are being guided bj elected Govemments of quite a few Stat.. political motivations than the r.ality of the were dismissed just because they were situation. For .xample. in 1977. when the CongressGovarnmants.Again in 1989. when then Prim. Minister, Shri Morarji Desai dis· the National Front Government came to missed a set of State Governm.nts ruled by power, atthe Centre, it changed the Govern- the 0009...... it was as though tho .. State ment of same St... becat ... theee Gover· Govemments do not .....ei'lt the wiD of thlil nors were appointed by the previoua Con- people as refleeted in the 1977 elections. gress Govemment Therefore. I would re- But, when the sam. Article 356 was invoked quest the preachers of constitutional propri- by Shrimali Indira Gandhi after her .lection ety sitting on the other side. to look into the in 1980, sh. was accused of sabotaging tlte . actions of these Governments of which they Constitution. A simBar view was .xpr...... were either partners or support.rs. with regard 10 Kerala's incident too. Shrimati 571 Const (Amtlfld.) Bi' MARCH 13, 1992 by ShrI SudhIr GIri 572 (Amend. of Alt. 356) [Sh. E. Ahamed] SHRI E. AHAMED: Who will nat? Any. body who has a sense of democracy and Malini Bhattacharya, in a passing reference, feeling for the rights of the people wID be up made some observations with ragardto what against a government which does not reo happened in Kerala in 1959. To make the spect the people. record straight, I must say that due to the mass upsurge against the State Govern· SHRI SAIFUDDlN CHaUDHARY: I am m.nt.. the then C.ntral Government, h.aded ref.rring to the upsurge against the dis- by no less a person than JawaharJal Nehru, missal of the Government. was constrained to take the decision to in· voke Article 356. Article 356 is very specific SHRI E. AHAMED: That decision was with respect to th. failure of the constitutional taken respec:tingthe sentimentaofthepaopte machin.ry. Th.refore, wh.n th .... is a r.aI at large. failure of the consMtutional machin.ry, as provided under Articl. 356, the Governm.nt AN. HON. MEMBER: SO, you rejoiced of India has no oth.r alternativ. than to at that decision. invoke Article 356. I may inform her. that this action was justified by the results of the SHRI E. AHAMEO: Sir, no Government elections which followed after the dismissal can close its eyes to the popular feeling. As of Government h.aded by Shri E.M.S. far as kerala was concerned at that time. Nambodripad in 1959. That was the bon. of That was the situation forced by Gov.rn- contention in the .lection - 1960. The oppo- ment of Jawahartal Nehru. The Centre- sition parties under the leadership of Nam- State relationship is the most important boodripad put the matter before the public thing. The relation between the Centre and and enlightened and the literate people of the State should be of a conciliatory nature Keralaaboutthe issues involved. Thepeople and not of ·confrontation. Whenever the of K.rata had com. out with the verdict that Central Government wishes to invoke article the decision taken by the Central Govern· . 356, they must think twiCe about the out· m.nt was correct. come of such invocation of Ar!icle 356. Sir, I will be very happy if my learned friend When the Communist Parti.. were al- ShJimati Mallnl Bhattacharya and Members leging atthat time that democracy was threat- of her party admit that when their party was ened by the Government of India, I am having friendly partnership with the Janata reminded of what Jawaharlal N.hru de· Oal Govemment, the latter invoked Article scrbed their stand with a very int.resting 356 in Jammu and Kashmir. Against Farooq an.. in the ftoor of this August House. H. Abdullah, Shri Jagmohan not only used Ar· acqust house said that it was like a man ticl. 356 but took much mo... excessive murdering his father and mother and th.n action than ...ferred to in Article 356. Unfor· appearing before the court plaadlng for m.rey tunat.Iy, my friend, Shrimati Malini's party as he become an orphan I That was the had to support the action taken by the then situation prevailing in Karala at that tim •. Janata Oal Government. Without ~ Thosepaoplewho molestedd.mocracywere port the Governm.nt would not have contino alleging that d.mocracy was th ...atned. I ued. I now com. to the point I was not a should say so because they had not only Member of this House at that time. abused their constitutional power, but they SHRIMATI MALINI BHATTACHAR· made aggression on the very letter and spirit AYA: Hwe wanted that we would have long of democracy. I was a student at that time ago asked It for Tripura. and I was observing what actually happened . In those days. SHRI E. AHAMEO: I would like to ask only one question, we ... you not a party to SHRI SAIFUDDIN CHOUDHARY support the V.P. Singh Government when It (Katwa): Did you take part in the agitation? invoked Article 356? . 573 COnM. (AmMd.)- PHALGUNA 23,1913 (&AKA) by Shti SudhII' Gin 574 (Amend. til AIt. 366) MR. CHAIRMAN: Pleaseaddreaatothe Assembly has expressed on the Chair. ThIs Is natq~ MII8ion. floor of ihe House Is .'IInt of confi- dence in !t... • SHRI E. AHAMED: SIr, but for the sup- • port d the Communist Party of india Md •...... General", It wli be ntason- CPU ttw Janata DaI Government would not able to allow the Chief Minister a h8V8 ramained In the power. That is why I period ~ thirty days for surviving of say that political rnoIivaIion Is the most im- the Assembly unless there is a very portant consideration befora a political party urgent business to be transacted than the actual situation. such as the passing of the Budget in which case a shorter period may The Sarkaria Commission has made be allowed in spacial circumstances certain observations about Article 356. The the period may be upto sixty days·. Sarkarla Commission has also mentioned in its report about the role d the Governors. I If he is able to give certain guidelines to should say that some times the Governors the Governor how to invoke Article 356 in a act In a very ridiculous way. Some of the given situation, I think we will be able to report of the Govemors given to me adist8nt wriggle out ¢ the present political situation 'impression as if they are puppets In the and controversies with regard to the invok- hands of Centra. They do not evan apply . ing of Article 356. Sarkaria Commission is their mind to the real problem. That is what, also equally specific on the Article 356 of the as pointed out by Shri Gaj)athi also, the Constitution dealing with the President's rule. Janata Dal Government did. It put Is own Govemor·beca.-. of the political reason. -It should be used very sparingly in Therefore, I would say that aU of them are the extreme casas as a matter of last partners In the game. We cannot blame one resort when all available alterna- party or the other party. Whenever such a tives failed to prevent or rectify a question comes befora us. we should view it break down of the Constitutional not on political consideration but on machinery in the State or a warning constllutlonalconsldaration and forthepros- should be issued to errant State in perity of the country. Unfortunate" no such spacifictanns that it is not canying stand was taken by a political party in this on the Government of the State in country. When we discuss a matter we uiy accordance with the Constitution. something and when come to the power we Before taking action under Article do something else. I would raque!!! the 356 any explanation received from House to consider the poinIs or suggestions the Slate shouid be taken into made by the Sarkaria Commiasion aboutthe . con8ideralion·. role of the GIMtmors •. The Report says: - ~,lnsteadof asldngfor amend- "The Governor should not risk de- ing the Article 356 which is specific on failure termining. the Issue of majority of the Constitutional machinery, we have to support on its own outside Assem- evoIveapolicywhent some guidelines areto bly. The prudent course for hin be prepared; lay it on the floor of the House would be to cause the rival clains and diacuss the matter. to be tested on the floor of the HoU8'8 or • duriog the period when the AuembIy 18m" prolOg.... . Inthisraspec:t, I wish that the impIemen- the Govamor I'8C8iv8s ,.1labIe evi- taIion of the i'8commendalion ofthe Sarkaria dence thattha Councl of Ministers ComnIiIsioiI willargely .,._, to avoid such _lost majority, It should nat as a conbUVersiea on the abuse ~ Article 356. matter of ConstItutional prapriety With.,... few WOlds, I oppose the BiD and dismiss the Council unless the ask my (riend to wllhdraw it. 575 (ionIt. (AmetttLJ" . IMACH,'S. ,_ by SlltlSudltlrGlrl 578

(Amend. tJI AIf. -J I • SHRI OSCAR FERNANDES (UdupI): [T,..,.,.". Mr. Chairman. Sir, I do nat WMI to ...II IengIh but I would Ibto .... one or two SIR PIJS TIICEY ~U8IS): Mr. poinIs. Channen, Sir, I ~ the Bil, inIfaducId· byhon.MlmbarShrfSudhirGiriintheHause for amending the article 356, I would ..to FAt ofd, I would .. to cangraIUIIde say lOIIIalhing In this ragant. Mr. Girl for having brought this BII. • Is because this Is a subject which is being • has been said in the Objects and diaCI_ed IhIDughcM the country. This Is Reasons- of the 611 that: nat a subject malI8rwhere a perticularpollti- cal p.ty ... up a paIticuIar tina. ThiI (EngIsbJ concerns the COW1by. KMping the country in view and In the pr..m day context, haw "1'M founding fathln of our CorI- ... havetonm the counIry IIId in this, ArIicIIt . 8tIution conceived 01 thl Indian 356 ..!' WHY .Important paIt to play. Policy as a htderaIlon to success- fun, maintain the healthy raI8Iion- Morethan a wriIlen ConsIiIuIion, I is the ship between the Centre and the 8piril altha ConstituIionthat ..haveto1llke SIal_on the basis ofthepr'.1CipIae into 0DI1Sider8Iioti. of democracy and equality-.

In Britain, there is no ...... ,. ConetItu- lT~ lion at aI and ~. it is tNt 8pirit of the ConsIiIution that iscanyingthewholl nation I maen to say that there is no eqUIIly through. • is nat rnINIV • matI8r aI Centra but thent IhouId be good raIaIions ""'en and States AIIalionahip eiIher. ceNr8and __ All are of this view. Much hal been said about 1he mIsuM aI article ... The Home NiniIJt.= is pr8Mftt In the Raspec:tad Shrimali Malinl has made House,awouldllketoaskhlmwharwiilbellN certain points raganIirv the Govamor's role. tat. of thole who .... launching agllaliona But. thera, ttwa is a ~ batweln though they have not been granted stsa- II: Sial", "GcvemAl8llts and the Municipali- hood. I would like tto know the dIfIIcuIIy In ties also. N. times, MunIcipalities are also aealirVsmallstates. When Haryana, PuI1ab dismissed by the State GcMtmrnenls which and KenIIa and be created on the basis :)f is",to GoYemor.using"his power. So, ..nou. "~i~·1~~$iT'.alol8tesbe let us not confine this to thai particular poIti- . CIHIed. .First you created sa.... on the callIIpId. ev.n. ..the example aI the basis of languages and not on geographical maII8IB to be. decidId on the floor of the balisand1h8l ..lt!e ..... :.,~",_1IIr.Y ttou.. In 1Oday'. conIIat, ... is ..... ~ MW-a-daya. There .. 10 ~ lam. N...... in four .... the rnatt8Ia languages In our country. The languages. could not haw been decidId on the floor aI wNCh .. nat developed. want tD gat equel the .... bec8II .. of the AnIH)efecIion staIU8 and make P"9-. There went l'2" Law ...... auIIiorIy CIDII* into princely _ Which ... called NaIiw ... and thai is the PI8aiding aIicer aI the Slates IIthetilne of British rule. There was .... -the SpeIIMr. no corrupIion.• that time. AI was .... It Is uldthal...... cIenIoc:rcybutl _where The IDle cI the GcMmor IIIaO'CQIMS .1his~. inID •• Bulmayfeelng Ii... III"'" be .....on ...... aubjecL ..need (EngiIbJ , . notecrapAdlcle358.butthepnJUlIiD.. I. the apIril ....356shau1d ...... , UI8CI They..,. ruled by the EngIIIh people; .and ...... _ ...., .. NlldbJ ..aIbet ...... ) , 577 CGaII. '__'_I_ PfoIAla INA 23. 1113 (SAKA) III SlId SfdWGIri 578 (MML til Alt.. 358J (T,.u'p"an) SecDldJ, .... _been ablfttllllld- ing demand for making small StaIaa. The We .... no righl There II..., per- __ of B9cID lind. JhaItctaId Stale and cent ....rvation for Sc:heduIe c.... and Uttara IChMd SIaf8 ... going an. n- -Schedule Trtt.e in trt.I-. Rest cl1he . Iseues .. going an becaI_ 1he Adivasi 93 peroant peats are flied up by 1h8 ouIsId- people IhNt thera. 8f8. M the polls hom tapa WItchman are filled up by the ...... fIom ouIUte n.- The 0Dvernment does nat pay "'" ... is survival cI ..... fltest. Then, who wi care tention to it. The Adivasi peopIawilneverbe for the poor? 'Whal for do the CenIraI n given their rlghttD rule, they wII naI be given Stale GIMrnmenta are there? There II vial poaIs ..,.....,.. How IongtheQwem. corruption in many staIea. The people are ment wi! cantinue commit such an qustice starving in a trt.I diaIrId in on.. au the on AdIvasiI? I do not know whallanguage StateGavemment Is paying no heed. Cenb8 does the GoNmment undenltand. The is unconcerned old t... things. None 01 GcMNnment ..... on~ the 'language of theGovernmantthlnkabouttheirplight. 1h8r vioIanceMdthen ~it Iscompelldtotltir* have b8en 18ft on the marcyofthelrown ..... aver the ...... The simler was the case of Thera is nothing for them. It is net demoC- the GarkhaIand. GorkhabnI is the cnNdion fIDI. In damocracy people have equal tWItS. of heavy ftglting, kllings cI many chid... We wish that even the district should be andbloodrShed. TheaeatlonciGorlchaland autonomous. So that a man can make was not desirable at ... We desire for peace piogl'888. The State should be &maIao that among c1118NI'It communitlas. Now casta- people may have cordial relation wIIh each war is going on everywhere. States haw other. Various cast.. and community's may already been aeated on tha basis cI Ian- live with love and peace. U you want to guages. Does the Government inland to promote kMt and harmony among them, CI88Ie new States on the basis of c:ast8 then you should ponderCMH'idthesethings. now? 11wre is stII time to conact the mil- According to artide386 the Governor isonlf taka8 commlted by us. In a Democ:racy tha an agent of Central Government in the Stale. power should be V8Sf8d in the people. He func:tiona .. an agent even if there Is an opposition GoVernment in the State. They The manner of poling in Punjab is work according to a set poIiIIca. 'would ... obvious. Today, money and muscle power to submit that the State Asaernblr should In the preraquisle condilionl for galling elect the Gowmor in the same way .. the WIIlea ...... Trading ill very common amorv President Is eIac:ted in the Centre. • can be the Members cI Parlamant. What ill the posalbIe when there is no man..,1aIion and raasana behind it? Why our rapresentaIives he may not be merely an agent of the Centre. are indulged in such odd things? As think there ill no conInJI cI the peOplef._' an the [Eng.WJJ ...... 01 the, public. They'" gone out cI the paapIe's contraI There Ie no The Governor Is appointed attha p1eas- ..... dernocr8cy·in India and in the name of ure cI the President. democraeythapeoplaolthe ruI~ JalYare enjoying Ike any thing and are playing wlh [ Ttanslalion) the paapIe Gil India. Thus, the common peOpIelnneglacted andthayaresubjactad When he is appointed by the Praeidant. to oppraesion. Today. people are starving it is very claar that he wi! foIow the inIIruc- theydonat...,.eductionandclrinlmg ..... tionaoftheP~ hispoellsverycnx:l.a. We .. in bigger StabIa. So their problema Thantfore this amend. musi be ~ are not hMnI. Therafor8' would Ibto IIaIe duced 80 that'the GcMmor may be elected thldevarlbodrshould begivan equal ..... by the StaIa AsaembIJ, in the ... way _ and .....ibodv

The peapleliving in slum _In Delhi SHRISHYAM BIIARI MISRA (Bilhaur): do notgetdrinking water. They are living Ike Mr. ChaIrman, Sir, in the light of the prasent animals. This is the fate of those who are poIiIicaJ atmosphere. !'f. the country, the living in the Delhi slum areas. One may visll Amendment to the ArtiCle 356, moved by those places and look their conditions. The Shri Sudhir ~ is worth praising and I sup- Government should make fN8ry arrange- port it. ment for them so that they may lead their Iiv8s smoothly. Dothey not want equal rights The main purpose of the framers of the in India. Should not they enjoy equal rights? Constitution was to establish cordial rela- tions between the Centre and the Stales so [Engish] that both the Central and State Govern- ments may run smoothly, in a democratic way. The imposition at emergency in 1975- Equality to State-relalionship? What is 76 had causad great upheaval in the national the relationship when there is no real com- political atrnoaphere and sea-change was munity to community or man to man relation- witnessed in the outlook of all the political ship? parties. The Centre-State relations should be cordial. Buttoday, the motto of maintain- ( TransJation] ing the unity and integrity of the country and rendering services to all the citizens of the Th8refor. the Government will have to nation has gone astray in one way or the bring about certain changes. Hence our other. The situation has gone from bad to utmost effort should be to aeate smaller worse and has deteriorated to such an ex- States sci thai W,~ citizen may be able to tent as by the ruling porltical party in the have a chaf'c8 !o~ tfis progress. Govern- cantre has started misusing of this Article ment will ha~to taka:into account the pr0b- 356. Now the situation bas reached to Such lems of all persons, then alone this country a point where a change in this Article has can progress. The Government will have to become a necessity. Ther8fore, the amend- understand the problems of the rural p'eapIe ment intIoducad by Shri Girl has its utility in .., and it will have to remove those prob- , the present time. We can ,..ize the actions lems with the advice at the people Of the takan bythe,CentralGovernmant in Mizoram viIages. This democracy cannot last lang and T amilnadu 8nd draw a conclusion from with the power of police only. Today, a them. I do not want to prolong the discussion Minister has been provided with a number of but I can only suggest that in order to keep body-guarda. Can he be able to 88MI the the Centre-States relation cordial, it is very people if such a large numt»r of police essential to incorporate this amendment in personnel accompany him. In Democracy the said Article. As my colleague has stated Centre-State relations are required to be that the opinion of the State Legislative regarded, but today there is tight-security ASsembly should aIao be taken while ap- arrangements around a Minister who claims pointing a Governor in the concamed State himsel to be a representative of the people. and in case, the dismissal of a State Govern- It is beyond my mind as to what will be the ment becomes inevitable, the State Govern- fate of this country in such a poor democ- ment shouki be given sufficient time for this. racy. But now there is much awakening In . Unless a Stale Government falls in minority the people. They have started knowing asto in the Legislative Assembly on any motion, it .what they actually need. The Government should,not be dismissed. For this purpose, cannot rule by force in such a manner. if the Article 358 needs to be amended it Therefore, it should pay its attention towards must be amended because discriminatory the problems of the people. I, therefore, treatment is being mated out by the Centre propose that every Governor should be against lOme of the State Govemments. 581 Canst (Amend.) BiR PHAlGUNA 23, 1913 (SAKA) by Shri Sudhir Girl 582 (Amend. of Alt. 356) These days the Congress is in power in the examples. Of course, I agree with some of Centre, while the opposition parties are rul- them. Abuse of article 356 cannot be toler- ing in several States. In this way the Central ated. But this article has its own significance Government adopts a discrirninatory atti- in the present political scenario. The unity tude against such States and misuses the and integrity of the country is the most impor- Article 356 in its favour. tant thing. As Shri K.V. Thomas has men- tioned, certain socialist countries and some I would like to give one more sugges- other countries in different parts of the world tion. If a Governor proposes to dismiss a are saying that their countries are disinte- State Government, the proposal should have grating. So, for the national unity, this article sufficient reasons for doing so. It should also is highly necessary. be looked into whether the Government enjoys its majority in the Assembly or not. Some hon. Members were very critical The real situation should also be examined of this article. They are urging for scrapping before taking such a decision. In view of the this article. I want to kr.ow if some State support given by the people to diftereM po- Assembly passes a resolution saying that litical parties in different States, it ha be- their State will have an independent charac- come inevitable to bring a change in Article ter then what will be the fate of our country? 356. The situation can be improved only So there must be a provision in our Constitu- after introducing thi~ amendment This tion so that the States should not say like amendment should be made to ensure the that. There must be a strong Centre. At the smooth running of the Central and the State same time, seH-sufficient Government in a democratic manner. I agree that this article should be used The misuse of this Article has also very carefully and it should not be used on caused deterioration in our political charac- mere political considerations. In the past-I ter. do not want to cite examples; everybody knows - it was used like that. In 1957 this We should also ensure that the feeling was first used in Kerala. But at that time the of our political nationalism should not be hurt situation was entirely different. There was a in any way. We should set up an ideal before vast movement. The State Government the world so that we can present a true w as not responsive to the people. The will picture of democracy. For this, it is neces- sary to amend the Article 356. This is the of the people is the most important thing. only request of mine. Tnere was complete breakdown of the law and order situation there. So, the Governor [English] had reported it to the Central Government and subsequently this article was applied SHRt RAMESH CHENNITHALA (Kot- . and the then Namboodripad Government tayam): Sir, at the outset, I congratulate Shri was dismissed. If we go through the history, Sudhir Giri for bringing this Bill. we will be able to see that an unprecedented situation was there at that time. This subject has been widely discussed, so, I do not want to take much time of the My point is that all the powers should not House. be centralised in the Central Government, States also should get some freedom. The The founding fathers of the Constitution Samaria Commission made lot of recom- had taken the care in framing this article and mendations. 247 recommendations were also when it was discussed In the Constitu- made by the Samaria Commission. The ent Assembly it was diac:ussed widely. This States are facing lot of difficultits in running article has its own significance. The other their governments. Let us take the case of hon. Members who have takan part in this Bills, Certain Bills. which are passed by the discussion hava mentioned and cited certain Assemblies, are sent to the Centre without 583 Const. (AIMnd.) 8iI MARCH 13, 1992 by Shti SudhIr Girl 584 (Amend. of Alt. 366) [Sh. Ramah ChennllhaJa] dism.... of the Government or dissolution of the Assembly should contain a clear state- any valid reason and which is unnecessary. ment 01 aD maIerIal fads and it should be The unnecessary delay in passing the legis- given wide publicity. Wide publicity means lation could be avoided. When I was a thal the people must be aware as to why this Member of the Kerala Legislative Assembly Article is going to be used and why the I came to know thal on. Bill was sent from Governor is sending the report. The people the State which is pending in the Centre for must be aware of the facts as to why there is the Jut twenty three years without any valid a breakdown of the law and order situation reason. and why the State Government is not in a position to carry out the normal functioning. The amendment to the Constitution to The people of the State and other parts of the give States powers to amend Parliamentary county must also know about it. laws of States List is one of the most impor- tant recommendalions of the Sarkaria There is another point regarding de· Commission. A law should be enacted to ployment of armed forces. It is fintirely the ensure regular election and proper working responsibility of the centre and there is no Of the· local bodies. Shri Oscar Fernandes doubt in that. ~ it must be done in consul- has rightly mentioned that certain State tation with the States. There are lot of "Governments are dismissing the local bod· complaints in this regard that the para-mili- ies. The local bodies are also a part and tary forces are arbitrarily sent and the armed parcel 01 our democratic system. forces are sent by the Centre. These will demoralise the local police force also. There MR. CHAIRMAN: Only one Member are lot of complaints in this regard. Proper has to speak after him. The time allotted for consultation with the State Government is this BiD is over. After the speeches, the highly necessary. This is a sensitive matter. Minister concerned will reply and also the The issues regarding Centre-State re- mover of the BiD has to speak. Is it the lations can, of course, be discussed in the pleasure 01 the House to extend the time inter-State QOuncil meetings. I would like to allotted for this Bill by another half-an-hour? know from the han. Minister-who is going to " reply to this now - as to how many times the SEVERAL HON. MEMBER: yes. Inter-State councils are meeting. These meetings of InteroState councils should be MR. CHAIRMAN: Tho time alloItec:I to conducted regularly. Then only the matters this Bill is extended by halt-an-hour Shri can be di6CUSSed and sorted out. Ramesh Chennithala may continue. The Stat.. are complaining about the 17.12hrL sharing of the corporals tax, that they are not getting their due and whatthay are entitled to [SHRI P.M. SAYEED in the Chair} get. About the grants also, the grants should be given to the Slates in lieu of railway The role of the Governor is widely dis- passenger far9 and the States should be cussed. The Governor is supposed to be the allowed to borrow from banks and given Head of the State. But before appointing a foreign exchange. This is what the Sarkaria Governor to a particular State, the Slates Commission says. If you take the Budget 01 should be consulted on the appointment of any of the States YOLi will noti:::a that aU these the Govarnors. This is one of the important are wry much n8CttS8lll')'. They ara not in a recommendations of the Sarkaria Commis- position to carry out the normal functioning sion. Certain other recommendalions have because of the lack of funds. So, support also been made. Regarding dismissal of from the Centre is highly necessary and the Governments, Sarkaria Commission aug- economic support to which the States are gesled thal the report of the Governor in anUlled should be given. 585 Const. (AnNInd.}BII PHALGUNA 23,1913 (SAKA) by Shd SUdhIT Gii 586 (Amend. rA AIt 3S6) Sir, prag...... dac8nIrdsation Is was only one party Government therefora, necessary becallse otherwise the SbhI there was no conatlulional crisis. But as cannot fundion. I do not want to go Into the lOOn as the apposition party's Government details. Even regarding the All India Serv- came into existence the misuse of Article ices thera are disput... We have to discuss 356 has started. I wanl to submit that this about that also. On the one hand the Centre misuse was not Initiated by the opposition must be strong and on the other hand tt. parties. At fIrSt. it was started by the COn- States also should get more powers. Pr0- gress party. The people of opposition par- gressive decentralisation is necessary 10 ti.. had raised their voice against this mis- that States can alsO function properly. use and repeated by said that It was the violation of the law and tt. Constitution but the people of the ruling party, did not pay any Sir, referring specially to the imposition heed to it. They always contended that, of President s Rule under Article 356, ... according to the report of the Governor, the SaltJawaharlal Nehru when he chari1pioned the cause of C0nstitu- . Mr. Chairman Sir, at last I support the tion, mentioned to the nation the possibility resolution of Stvi SUdhlr Giri and would like of constant changes, whenever chang- to request the people of the ruling party that were necessary, to suit the conditions exist· 589 Const. (Amend.)_ PHAI..GUNA 23,1913 (SAKA) by ShtI SudhiT Girl 590 (Amend. of Alt. 366) ing in the country at a particular point of time. emmant of India was very happr to appoint Well, that may be the reatIOn why some of the Sarkaria Commission to analyse the our friends say, let us have a fresh look at Centre-state relations in toto. The recom- article 356. Essentially on this, there are mendations of the Sarkaria Commission were several instances in our own history when discussed in the Consultative Committee c.l the presiding officers had at one stage dis- the Ministry of Home Affairs and discussed cussed about this article. They also came to in the lok Sabha and the Rajya Sabha. certain conclusion, by and large supporting Opinions of several leaders were collecled the retention of article 356. But there was . and pooled. It resulted in the constitution of some criticism. The Governors have also the National Integration Council. The Na-' .discussed in the Governors' Conference. I tiona! Integration Council was constilutad do not want to quote aU these recommenda- with a purpose to find out how best or how tions of the Governors and that of the Presid- much the Sarkaria Commission recommen- ing· Officers. The Administrative Reforms dation has 10 be accepted or how best it Commission also analysed this. AU of them should be adopted. The National Integration have agreed by and large that in a country Council mat in 1990 and elected a Sub- like India where you have multi-party sys- Committee and that Sub-Committee rA the tem, various political parties are Ukely 10 National Integration Council met on three come to power in various parts of the coun- occasions. try-at the Centre as well as in the State&- and the President's power must be there I must say for the information of the unrestricted. House that I am one who is very keen on the rasult of the National Integration Council's This BiR of Mr. Sudhir Giri is restricting Sub-Commiltee's recommendations. As the power of the President in exercising his soon as the recommendations come, this power vested in the representative of the Govemment will certainly take a very posi- President. When you lock back to the Con- tive decision on the recommendation be- stituent Assembly our Constitution was cause that will be the sum result of the considered 10 be oneoftha ~ in the world, collective thinking and the wisdom of the though some of our then leaders had said: It country. is the beggars' Constitution because you borrowed something from England, s0me- Several points were mentioned and thing from America and something from about 18 speakers participated. 'do not Soviet Russia. But this has proved to be a want to comment on a\\ the speakers looking very living Constitution and not a dead one. to the time at my disposal though I have gat This Constitution is able toflM» any situation certain points noted down. Oneofthaspaak- that carne up in the country. ers has left also!

SHRI SAIFUDDIN CHOUDHARY: SHRI PIUS TIRKEY (AlIPURDUARS): Then, why do you say constitutional break· I have raised a new point. What is your down in the State? thinking on the concept of small States? Have you anything to say on that? SHRI M.M. JACOB: That is the Constitutional provision to see that there is SHRt. M.M. JACOB: That is not within no break-down. The Constitutional break· the purview of Article 356 which contains down in a State must be averted to maintain Govemor's powers. the unity and integrity of the country. That is As~uknow, in 1957, the States Reor- why, provision of article 356 is here. That is ganisation Commission carne out with cer- the dynamic part cf it. tain recommendations.

Rnaly when many cf the leaders have MR CHAIRMAN: Ala you taking about stated, ·A fresh look is required, • the Gov- the smaller Stat.. Council? 591 Const. (AmMtL)- MARCH 13. 1992 by SlId SudlWGirI 512 (Amend. at AIt. 356) SHRIM.U.JACOB:Yes.Andwefonnecl MR. CHAIRMAN : AI these things wII certain Stales on the basis of Inguislic prov- nul go on record. Ine-.. TMn we had ~ formed on the tIIhnic rMaI8IIy of 1950. ThaI •• diffentnt SHRI M.M. JACOB: Nobody waa there subied. • does not fI in here. So, I do not when the Governors ..... summMiy dis- want to go into it. missed. Nobody came and pleaded with them. Governors were summarily dismissed SHRI SOMNATH CHATTERJEE: You br one Government here. Governors then are referring again to the National Integra- went on dailr wages. Nobody commented tion Council. You are right. My friends were onthat. ldonotwanttocommentaither. But telling about even sending para-mOitary in 1977, even without any reporI of any forces to a State. Para-mililaryforces are not GowrnorwhenthaStateGovemmantswere sent to a State under normal conditions. summarily dismissed nobody aiticis~d at .They wi! be sent only on the request of the that time in vehement language including State Government unless otherwise there the Members sitting on that side. should be very extreme situation. I do not think that such a situation has been war- SHRI SAIFUDDIN CHOUDHURY: We ranted. criticised an the time. SHRI M.U. JACOB: W. never invited SHRI SOMNATH CHATTERJEE: W. such a situation. They are sent only at the got the appIOval of the Supreme Court. You invitation of the Slate Govemmentconcerned are very enamoured of the Supreme Court. and the para-military forces are deployed on (Intemlplions) the specifIC direction of the State Govem- mem at that time. That is what we are doing. SHRI M.M. JACOB: Thank you. You I do not think that criticism is any more valid always look at the end-result of it. You are on that point . found in that Company. Please don't speak about it. Another Member has raised a point about State's powers to legislate. Every- UR. CHAIRMAN : The hon. Minister body in this House knows we have three may kindly address the Chair instead of Usts, the State Ust the CentraJ List and the talking to the han. Members. (In!emptJons) Concurrent Ust. Under the subjects that faU unct.the State list, the State Governments SHRI M.M. JACOB: Sir So, I do not think are empowered to legislate. Nobody"_ that the criticism of abuse of power under 8Iricts them from legislating on that. Article 356 by the Governor can be substan- tiated by any str8Ich of imagination. Another friend 01 mine was saying that this Article was abused many times. Shri- Well, there was one point raised by mati Malini Bhattacharyacritic:ised it and she Shrimati Malini Bhattacharaya and several said "You abused this ArtIcle 356-. That was other Members about the dismissal of a her comment about it. WeI, I do not agree to Govemment in 1959 in Kerala. Everyone that. W. have seen that the unity of the who knows the political history will under- country is maintained. So, we always be- stand that it was done based on the report of lieved in the ground reality. the Governor that the administration of the Stat. was paralysed; the CoIIactorata did SHRI SOMNATH CHAnERJEE~ not move; the Secretariat did not move. There was almost a large siege 8R)und the SHRI M.M.JACOB: It is a jake for soma secretariat. At. such a sluation, the Gover- but the nation is Important for some others. . not's report came and the Government was dilmiasad. There were some Ministers who SHRI SOUNATH CHA.TTERJEE: • rafuaed to go out avan from the s.cr.t.iat 593 00nM. (Amend.) _ PHALGUNA 23. 1913 (&AKA) by ShtI Sudhk Giti 594 (AmfInd. 01 Att. 356) even after the dismissal Older carne into anaIIw sIluaIion. Suppose. thare are three force. That is a dIffentnI sIualion. Now.' do realities. SlIfIPOS8. I nobody is wIIng to not want to dig...... take the adminIsInItian GIf a Stale ...... the election. if nobody gets the majorIIy. what is Then they asked: 'What about Tamil the way-out? I would remind you at the Nadu"? AnaIher quBiDn was asked. They , siluation that exiatad in 1965 in KeraIa. said: 1n TamU Nadu you dismissed lhe GovemmentwiIhoutthe Govemor's Report. SHRI SOMNATH CHATTER.EE: Ale "Yes we dismisaed thai Government. You we school childnln? know thal·AIticIe 356 says: MR. CHAIRMAN: Please do nottreat .. "If the President. on ~ of a Ike that silting and talking. Let him reply. Mr. NpOt1 from the Governor of a State Minister how much tim. you may need? oro1herwlse. is salisfted that a situ- ation has arisen in MIlch the Gov- SHRI M.M. JACOB: Mavbe. five min- ernment of the State cannot be utes. carried on •••• etc aIe.. , MR. CHAIRMAN: Fora rnoment. please ,(~bns) takeyoursaat. The time for this BiR has toba extended. MR. CHAIRMAN: Shri Manoranjan Bhakta, please do not disturb. We are ... ..ltth..... uraofthe Hou.. to ...... ready short of tim •. 10 more minutes for this Bit? SHR. MM. JACOB: So a situatbn had SEVERAL HON. MEMBERS: Yes. arisen; Wha! happened in Tamil Nedu? What was the ...ua of IhaI1 P__ IDok at MR. CHAIRMAN:WIIh the CDIII8nt of the result. Soon after thai. eledions .... the Houee. the time for this BII is extended held With a thumping ma;ority people came toranolher 10minutes. Mr. Ministers...... to power. The dismisaal was ndied. The COItinue. . , subsaquenl events proved that there was something very wrong in that State ,aI that SHR. M.M .•!AOOB: i respect the ...... time. Even Shri RajIv Gandhi lost his .e ..... ments rI the house. I only want to paint out (""."."".,,) Even a pIIPioa.~ m.. Siwi RaJiv thrH sluatiDns. One such situation is when GandhiGlthiil .becaueethegroundrealty nobody is in a state of majority. It happened in that Stale at that time was really Wf!.!Tant· In one State where no party was prapared to illg some caraful8lIention. • do riot waht to take the administration. • such a thing ~ any oIIwr WOld. Ewn in Assam. what happens. then the Governor has to send a 1lappeIh.-d? The people haifa given the report and the Govamor's rule is necessary. mandate for the ,_ acenario. for the new Even here we were running into such a set-up;'Theywera..,convinced about the sluatiDn. Tf1e majority party came to power. action taken ." the President II that tim. . One party got the majoritY of the seats.. But based on the racommendatiDn Glfthe Gover- that party was nat prepared to take the nor GIf the SIBle. NSpOn,sibility at that time. So. in such a ·situation you have to think about l. Or. I , SHR1 SOUNATH ChaIteIjae: WI! the there is a break-down oftha machinery then I election ...u. jUstly the impoeiIion? also you have to think about l. So. in ...... tos it is necessary to act SW...... to , stR=Il M.M. JACOB: • is not a question mak8 on. mora correction. 1 said in the of Irnpo8IIcm. I said that the people's man- ...... stage. 'Sub-commilt.. of the .... d8lewasbettbt ..~. 1hepeople 'ticmII 1I_1IIIon CouncIl. 'It is the Slb- aIio~,""'" ..... ___ .. Y'oU hew commIIiiieafthe. InI8r-stateCounclMd_. . . , . .as GbMt (AmtInd.) BiI MARCH 13. 1912 bt:Shti SudhiGid 596 (Amend. 01 Alt. 356) (Sh. M.M. Jacob) tIon. This Government. right from 1&50 onwards, never believed In any Article of the .. NlIIionaIlntegration Council. This may Constitution. No Article of the Constitution be·corredad. h_been more misused than this. It is nat my statement. That has been made by Justice With this I have only one request to you Sarkaria. ••• (lntemf)lions) that we are again coming before you when the RepoItofthe Sub-committeeofthe Inter- MR. CHAIRMAN : Norm. after the State Council is ready. We win have plenty Minister's intervention on the BiR, the Mover of opportunity to discuss this. At this m0- of the Bin gives the reply. Now you have ment, I request the Mover of this Bill Shri come in-between. I do not know whether I Sudhir Giri to· withdraw it. Discussion on have to give you permission to speak or not. particularly this Artic:Je is very necessary. It is good to review and discuss this Article. (Jntem.plions) Nation is mora important and everybody agreed to It. In view of aU these fadora, I SHRI SOMNATH CHATTERJEE: With hope while replying, Shri SudhirGiri will take deference to you, Sir, I say that the hon. this into -=count and withdraw the Bill. We Minister, instead of giving an bogus exe- are happy that it is a live subject and this cuses and lame execuses, should have must be thoroughly discussed. Whenever accepIed this Bill - at least the provision of time comes, let us discuss it again. Let us the Bill which contemplates that the majority have certain standards in public life, lei us of the Council of Ministers will be decided on have certain standards in political life. And the floor of the House. You do not want that. only measure at the moment for maintaining (Interruptions) the unity is to strengthen the hands of the President by giving him powers to exercise MR. CHAIRMAN : You are speaking diacnttionary powers to exercise under vary- now as an exception. ina cin:umst,ances. This is very important, because situations in one State may differ (Interruptions) from the other State. In our country, varying sIIuations exist, varying conditions exist and SHRI SOMNATH CHATTERJEE: You assessmeni hiS ~ be made. The situation have never said what is your VNtw on this. . sap that power has to be retained. And ttl!! What is the Govemment's view on this? power is the essence of Article 356. With ... words I conclude my speech and request Shri Giri to withdraw his Bin. SHRI M.M. JACOB: I said it categ0ri- MA. CHAIRMAN: Now Shri Sudhir Girl cally that the reatriction of the Prasident's 'naply.. powers is not conducive ••• (/nt9lJ1.flfbJs) MR. CHAIRMAN: Somnathji. the Mover (Int~) of the Bin will be replying. So, please ·con- cIude. SHRI SOMNATH CHATTERJEE: Be- fore Shri Giri replies I just want to say some- SHRI SOMNATH CHATTER.EE: In 1bIng. dafenmce tID your desire I concede. (Inter- Sir, the rule of law and the Congress(l) 1IIptbns) Government cannot subsist together. This .. the experience of the people of this coun- SHRI SUDHIR GIRl (Contat): Sir, I try(~ express my deep gratitude tID the 18 hon. Members and also the hon. Minister who SHRI SOMNATH CHATTERJEE: After participated in the debate on my Motion for Ihis, he talked of the unity and itdegrilyafthis amendment of ArticIe356mthe Consatution CI:U\try. lwantprablly Inpolticaladmlnistra- of India. (~) 597 Con.It. (AmIJntI.) 8IJ PHALGUNA 23, 1913 (SAKA) by ShtI SutJhjo Giti 598 (Amend. of Att. 356) MR. CHAIRMAN: As an exception, Shri Iican character of the Stale is in no way Somnalh Chattatjee's speech win be there affected. on 1'8COId. But it Will not be taken as a pracedent. Th(; freedoms and opportunities de- clared to be provided to the people of India SHRI SUDHIR GIRl (Contal): I hope the have not been infringed upon. Rather my altention of the House has been drawntothe amendment, it will be admitted by you all, will abuse of the extraordinary powers by the pave tfIe way for strengthening the basis of Centre in extraordinary situations. these indiVidual freedoms and liberty. • will further strengthen the very basic structure of Some friends have supported my Bill India - the Republican and Democratic and 80me friends have opposed it. character of the State.

liOn. Sudhir Sawant ji has mooted the I would fulthersubmitthat Shri Sawant's question of constitutional validity of the BUI. objections are also not tenab18 in the light of He has opined that the BiD is void ab initio the decisions of the Supreme Court in the and ultra vilfJS of the Constitution, because Minerva MiRs vs Union of India case, in as the Bill seeks to amend the Article 356 of the much as my amendment does not touch Constitution. And in his opinion the Bill for upon the power of judicial review. the amendment of Article 356 strkes at the very root of the basic structure of our Consti- The BUI is, therefore, not void ab initio. tution. Hon. Members have raised the ques- Here, I vehemently contradict his view. tion of misconception about the malafide of Hon. Sawant ji has cited the decisions in the the Central Government. In this regard, I Kashavananda vs State of Kerala case. I once again Observe with all my force at the would submit that in Keshavananda'scase it command that the Central Government has was held that the objectives specified in the been abusing the extraordinary powers with Preamble contain the basic structure of our an ulterior motive of bundling out the State ConstItutIon, which cannot be amended In GovemmenlS which differ In poIiIIcaI creed ex~ of the.power under Article 356 of with that of the political party ruling at the the.~. What are these 0bjec- Centre. tives? The objectives and the nature of the State is a Sovereign, Socialist, Secular, What did the Congress Party do in the Democratic and Republic. case of West Bengal in 1967, 1969 and .. 1971? What did the Congress Party do in the As regards the freedoms secured to the CIlH of KenlIa In 1959? What did the Chan- citizens of India, they are -Justice: Social. drasekhar Government do in Tamil Nadu at Economic and Political; liberty of thought, the behest of the. Congress Party in 1991? :~_~ faith and worsh., and WhathastheCongress Party done in Manipw . EqUaIlr,,*~OPP!lJ1unity. Further a couple of weeks ago? There are 80 many .the people of InCr.. ti8Ve·cJeeid8d·fopromote atheI C8'Se8. What did ttte Congress Party among them aD fraternity assuring the dlg- do inJaK? AI these IncicIenc:e clearly bring My of the individual and the unity and integ- out the malafide irUnIion of the Central "" of the Nation. Government. So, the .... we apeak of the malaflde and fraud on the ConstiIuIion of . Thus my amendment does in no WI¥ india, Imposed by the CenIraI Government mringe upon the nature of our polity. My fomted by the Congress Party. the tJ,Iterfor amendment In no way affects the sover- the posterity. There are some people who eignty of the country. • also does not affect cannot live without power atthelrcommand. the socialist functioning. of the Government. And they can stoop 80 low that principles of Furtherthes.cu., Democraticand Rept»- democracy appear to them _ nothing but 588 eo.t (Amand..)_ MARCH 13,1912 III SM SudlJiTGid 100 (Amend. III AIt. 366) [Sh. Sudhir Ginl Centre there cannot be maildaining of unIy and inIegrily of the nadon. The question of useless ideas 01 some political thinkers. secaaionism has aIao been put forth. AI theM things ..... tothe concapt of democ- Next comes the question 01 strong racy and right to brty and aqualily. De- Centre. Whenever the pmmulglDm WIder mocracy, freedom and aqualily we cannot Article 356 is called in question, the idea 01 have wthou't upholding the m8;asty of feder- strong Centre is put fOIW8Jd to caurur the aIam. We will not be able to maintain our criticism. It is project8d in such afashion that Partiamentary democracy which we have India can have a strong Centre if mora and adopted from the UK if we do nat cautiously more power are centralised in Delhi, in the guard against the dismptive forces. Central Govemment by denying powers to the States and through the military and the Because of shortage of time, I cannot armed forces. This is not proper. This is not reply b aR the questions raised by the han. the right thing. We are surely sacondto none Minister and other han. Members. I want to have aslrong Centre, a vary strong Centre. that the hon. Membersshould accept my Bill. But the Centre cannot be strong by taking So my party demands that the provisions of away power from the States, by eroding . this Bill be put to the vote of the House. power of tto.c ~ T!g~ said: MR. CHAIRMAN: Shri Sudhir Giri. are "By d8V8loplng althebody,lfblood you wlhdrawIng your BiI? 'is gattiered in the face, it cannot be caJIed a good physique. Rather it SHRI SUDHIR GIRt: No Sir. I want that is a symplOm of fatal disease.- the motion should be put to the vote of tile House. forarully~Cenlrewev., muchIn,. .... atmn; _ and caaperation SHRISOMNAlH CHATTERJEE: May I &rod cr.ordiNllion betI..... 1hem. For this l'8quesl that the sitting of the House be purpose we need trust in the people and the extended by I) little mom time because the good wi of the people deapitathe existenCe voting process wiI take time? of mullKatigious and multl-lingual popuIa- tioo 88 weH as multifaceted culluta and 80 Wl CHAIRMAN: Before I put the m0- on. tion for consideration of the Bill to vote, I . would Ike to say that this being a Constitu- How can this be made possible? We tion (Amendment) Bill. voting has to be by have to ponder over the problema and find division. out the remedies. The Centra has certain Lat the lDbbies be cleared - functions to perform and the Stales have otherfunclions to perfonn. There ahouId not Now the Lobbies have been cleared. be any conflict orc:onfronlatlon To reach the goal thera should be decenbaIisatIon of The question is: powers - politiCal. adminlstratlva,legIaIative and fln8nCial-what has been done In West "That the Bill turther to amend the Bengal. However,ldonOtwanttotakemuch ConsIituIiori mlndia be taken· into time. considendion.·

It has been J'IIised that without a strong The LoIc Sabha aNid«l: 801 CotIst. (Amend.) _ PHALGUNA 23, 1913 ($AKA) by ShtI Sutlhlr GItf 602 (Amend. of AIr. 366) 18.2 In NOES"

...... No.6 Bhakta. Shri tAanoranjan Ayes· Charles, Shrl A. Deka, Shri Probin Anjalose, Sf''; Thayil John Deshmukh, Shri Ashok Anandrao Bandaru, Shri Daltatraya Dev, Shri Sontosh Mohan Barman, Shri Uddhab Dlghe, Shrl Sharwt Basu, Shrl Cto :tta Fernandes, Shrl Oscar BhattacJ.araya,.Shrirnali Mallnl I Ga;ap8thi Shri Gop! Nath ~' Chatt~,ShriSomn~ Gahlot, Shri Ashok Choudhury, Shri Saifuddin Ghatowar, Shri Paban Singh Das,Shri Dwaraka Nath Handiqu .. Shri Bijoy Krishna Datta, Shri Amal Hood .. Shri Bhuplnder Singh Dome, Dr. Ram Chandra Islam, Shri Nurul Dubey, Shrimati Saroj Jaffer Sharief, Shrl CK Giri, Shri Sudhir Kanlthl. Dr. VlSwanatham Hossain, Shri Syed Masudal Karreddula Shrimati Kamala Kumar! Kumar, Shri V. Dhananjaya Khan, Shrl Ayub Mollah, Shri Hannan KonathaJa, Shri Rama Krishna Ra.." Shri Pram Chand Kuli Shri Balin ~, Shri B.N. t.::ryalguda sh . Kumaramangalam, Shri Rangrajan • tOShan LaI, Shri Marbaniang, Shrl Peter G. Tej Narayan Singh Shri Panigrah~ Shri Srblllav ZainaI Abedin, Shri Pate~ Shri Shravan Kumar

• BesIdes, the following members aIIo recorded their votes for AYES· Shrl Piu811rtcay, Shri Anand Charan Das and ShrlBhagwan Sankar Rawat • •8eeIdn, the following member also racorded his lOt. for Noaa: Shri K. Thulasiah V~. ' , 803 eon.t. (Amend.) BII MARCH 13, 1992 (AmMd. Df Alt. 356) by ShtI SudhIr Giti Patel, Shrl UttambhaJ HarjibhaJ 18.D4 bra

. Pradhani, Shrl K. ADVOCATES (AlENDIENT) BU-

Rao Shri J. ChoIcka ~ of"_ s.ctIDn 24 B)

SaJ. Shrl A. Prat&p (EngIfsh)

Shingda, Shrl Damu Barku SHRI DATTATREYA BANDARU (Se- cunderabad): I bag to II'ICMI for .... to Singh, Shrl Dabir introduce a Bil turtt. to amend the Mvo- cataa Ad, ,.,. Singh, Kumar! Pushpa DevI MR. CHAIRMAN: The question Is: . Thomas, Prof. K.V. "Thalleave be epantadto introduce Tytler, Shrl Jagdish a BiD further to amend the Mvo- cates Ad, 1981.· Umbrey, Shrllaeta The motion ... adofDd. MR CHAIRMAN: The ....un of the divi- sion Is: SHRI DAITATRAYA BANDARU: I in- troduce the Bill 23

34 18.05h.... The motion is not carried In accordance with Rule 1570fthe Rules of Procedure and CONSTITUTION (AMENDMENT) Bll In accorda~ with the provision. of ArtIcle 388 of the Constitution of India. (InMrtIan of .... "-t XIA)

The motion was negatived. (EngIsh)

(lntem.ptbns) SHRI CHITTA BASU (Barasal):1 bag'" II'ICMI: ~ MR CHAIRMAN: Now, the Home Minis- .J ter. Shri M.M. Jacob has to make a state- "ThaI the Bi further to am' ment. So. Is nthe pleasure of the House to ConsIlutIon olinda, be tIIo... extend the time for taft minutes? consIderaIion·.

SEVERAL HON. MEMBERS: Yes. Mr. ChaIrman SIr•••••••

MR. CHAIRMAN: You may conIinue next time. .

*Publishe:d In Gazalte of india. Extraordlnaly. P8It~11. Sac:tIon. dated 13-3-1992.

*BesIdes. the following member also recorded his rate tor ~: Shri K. Thulasiah Vandayar.