RAJYA SABHA ______SYNOPSIS OF DEBATE ______(Proceedings other than Questions and Answers) ______Friday, November 29, 2019 / Agrahayana 08, 1941 (Saka) ______MATTERS RAISED WITH THE PERMISSION OF THE CHAIR 1. Parking Problems in Delhi SHRI VIJAY GOEL: Today the issue of parking has become very big. Every month a person dies in Delhi due to parking rage. In Delhi, 1 crore vehicles need a place to be parked but there is no parking for them. Out of 10 lakh vehicles, the space only far 96 thousand vehicles for parking. People are not used to stilt parking. The main reasons is that public transport is not proper in Delhi. We do not have 'last mile connectivity'. Because of this, people use their own vehicles. We have to identify places where parking can be made. There are lots of places where parking can be made. (Several hon’ble Members associated.) 2. Conditions of Foreigners in the Silchar Detention Centre SHRI JAIRAM RAMESH: The day before yesterday, the Minister of State for Home Affairs answered a Question in Parliament and said that there are six detention centres for foreigners in Assam. I visited one of these centres in Silchar where 72 foreigners have been ______This Synopsis is not an authoritative record of the proceedings of the Rajya Sabha. 280 incarcerated. Out of these foreigners some are Bangladeshi and some claim to be Indian citizens. Many of them, who claim to be Indian citizens are in jail for many years. They can be released, as per law, at the end of three years taking a surety bond of Rs. 2 lakhs. I request the government to have a systematic survey of these people who are in jail on the ground that they are foreigners. They should be provided legal services also. (Several hon’ble Members associated.) 3. Need to Take Steps to Facilitate Inclusion of Differently Abled in Employment SHRI TIRUCHI SIVA: The differently abled people are protesting in Central Delhi. Their claim is, in the Group-D Railways examination, they were declared passed but later declared invalid. It is the violation of the rights of the Disabilities Act. They need not be seen as an incapable person just because of the disability. Those who are qualified and have been selected for the examination, if they are deprived, they are at the suffering. They want them to be equally treated with others. I urge upon the Government to take appropriate action in this regard. Those who have been deprived of the job, be given job and the rest of the disabled people also be taken care of. (Several hon’ble Members associated.) 4. Delay in Construction of the New Capital City Amaravati in Andhra Pradesh SHRI KANAKAMEDALA RAVINDRA KUMAR: The united Andhra Pradesh has been bifurcated by virtue of the A.P. Reorganisation Act, 2014. The Central Government had constituted an expert committee in 2014 and taking into consideration the expert committee report, the then State Government had identified Amaravati area to set up a capital of Andhra Pradesh. The hon. Prime Minister laid the foundation stone on 22.10.2015. The farmers of that area have sacrificed their land under the land pooling system. The Central Government had created all necessary facilities for this. A new Government came into power in 2019 and the works were abruptly

281 stopped. Nobody has taken care with regard to continuation of the projects. By virtue of the stoppage of work, the people of Andhra Pradesh are having a feeling of uncertainty. I request the Central Government to issue necessary instructions and advice to the State Government to continue the development of infrastructure at Amaravati. (Shri Vaiko and Shri Jairam Ramesh associated.) 5. Need for Commencement of Work on Amritsar-Firozpur Railway Link SHRI SHWAIT MALIK: The Amritsar-Ferozepur railway link connects Himachal Pradesh, Jammu and Kashmir, Maharashtra, Gujarat and Rajasthan. This link existed before partition. This matter was pending for 20 years. Many governments came but no decision could be taken in this matter. I thank the Prime Minister, Narendra Modi ji, who allocated Rs 299 crore for this in 2016. At present, we have only one rail route from Amritsar-Beas-Jalandhar. It will take five hours less time to travel from Amritsar to Mumbai through Amritsar-Ferozepur railway link. Apart from this, the movement of goods trains and army will also be easier. Amritsar will get two routes with Mumbai and Amritsar will also be connected to Kandla. The State government has now started land acquisition after 3 years but its progress is very slow. I request the State government that this should be done at the earliest so that Amritsar can get a new railway route again after 70-72 years. (Shrimati Sampatiya Uikey, Shri Amar Shankar Sable and Shri Ramkumar Verma associated.) 6. Problems faced by Farmers of Kashmir Valley due to Heavy Snowfall SHRI NAZIR AHMED LAWAY: A month ago, the snowfall in the Kashmir Valley caused major losses to the fruit growers there. The economy of Jammu and Kashmir is based on fruits. The Valley has become economically weak due to loss of crop of fruits. A team should be sent there to assess the critical situation of

282 the people there. Traders have also suffered losses in the mandis. The highway from Kashmir to Jammu was also suddenly closed. Apart from this, KCC loan of the poor should also be waived off. (Several hon’ble Members associated.) 7. Impact of Global Climate Change on India DR. ANBUMANI RAMADOSS: Climate change is an important issue. After the industrial revolution, it has increased by 1.1 degree. We can see that India has suffered a number of natural calamities. It was not there earlier. Tamil Nadu has witnessed highest record of rainfall. The climate change is because of burning of fossil fuels and coal-based thermal plants, pollution by vehicles and so on. Green house gases are responsible for increase of temperatures. I request the Government to immediately declare a state of climate emergency and take action plan for tackling this climate emergency. Reduction of fossil fuel and coal-based thermal plants, increase of non-conventional energy and increase of public transit systems are some of measures which can be taken therefor. Emergency action should be taken against climate change so that not only India is saved, but the entire world is saved. (Several hon’ble Members associated.) 8. Need to Make Available Organic Decomposer to Farmers by the National Organic Centre, Ghaziabad, Uttar Pradesh SHRI SAKALDEEP RAJBHAR: The National Centre of Organic Farming, Ghaziabad run by the Government of India manufactures products for farmers doing organic farming. This research centre has been preparing an organic product named decomposer and providing it to farmers for just Rs. 20. But recently the production of this decomposer has been stopped. Farmers will have to suffer double loss due to such improper decision. Therefore, I want this decomposer to be produced by the National Centre of Organic Farming, Ghaziabad as before, and it should be made available to farmers by publicising it throughout the country.

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9. Arbitrary Increase in Fee by Private Schools SHRI SHIV PRATAP SHUKLA: I want to draw the attention of the House to one thing, whether they are primary schools, whether new universities, whether they are degree colleges, medical education, engineering colleges, nursing colleges, all of them are same, when they will increase their fees and how much, it cannot be foreseen. The result of this is that people are taking loans up to one lakh rupees for admission of children in nursery school. The same situation also exists for coachings. I have tried to bring this subject to the notice of all of you. The government should pay attention to this. There should be uniformity in it, so that some fee structure can be created. (Several hon’ble Members associated.) 10. Non-Payment of Wages to Casual Contract Labourers of BSNL, Kerala SHRI K.K. RAGESH: The casual contract labourers of BSNL have not been paid wages for the last ten months. Last month, in Kerala, two workers committed suicide due to non-payment of wages. I would request the Government to listen to the agony of casual contract labourers. In fact, BSNL did not pay the contractors and that is why contractors were not in a position to pay the workers. That means, regular workers are compelled to take VRS and one lakh jobs have already been lost. My point is that since the inception of BSNL, thousands of contract workers have been working on meagre wages. I would request the Government to intervene immediately and ensure payment of wages to the BSNL workers, which is due for the last ten months. (Several hon’ble Members associated.) 11. Need to Include Chhattisgarhi Language in Eighth Schedule SHRIMATI CHHAYA VERMA: It has been 19 years since the state of Chhattisgarh was created, but till now Chhattisgarhi language has not got its identity. In Chhattisgarhi the whole grammar is formed and applied in the syllabus. But the children are not getting 284 jobs because of its not being included in the eighth schedule. It is not that Chhattisgarhi language is spoken only in Chhattisgarh, there are large number of Chhattisgarhi speaking people in other states of the country like Madhya Pradesh, Assam, Bihar, Jharkhand. Therefore, I request the government that Chhattisgarh's 'Gurtur' dialect of Chhattisgarhi be included in the eighth schedule. (Shri B.K. Hariprasad and Shri Mohd. Ali Khan associated.) 12. Strike by Employees of Kochi Refinery of BPCL SHRI ELAMARAM KAREEM: Kochi Refinery is located at Ambalamugal near Kochi in Kerala and is one of the two main Refineries of BPCL. At present, this refinery, along with other refineries of BPCL, is going through a tough time due to the decision of the Union Cabinet to privatise BPCL. The Government of Kerala has taken the land and given to Refinery for setting up a major industry in Kerala. The Government of Kerala is acquiring 500 acres of land for further expansion. At this juncture, the privatization has jeopardized all the expansion works. I would request the Government of India to refrain from the privatization move. (Shri Jose K. Mani, Shri K. Somaprasad and Shri K.K. Ragesh associated.) ______SPECIAL MENTIONS 1. Demand to Provide Fund under the MGNREGA to Karnataka SHRI B.K. HARIPRASAD: MGNREGA is the biggest scheme and the only source of income for unskilled labours for their livelihood. Rural workers are being discouraged from registering themselves with the scheme. They are being denied work even when they register themselves for work and are also facing long delays in getting payment of wages. It has been reported in several journals, researches and activists have also reported that the employment under this scheme was 32 per cent lower than the work demand generated. Therefore, I request the Government of India to release Rs. 2,573.45

285 crores to meet the demands. Government of India is requested to do the needful so that workers and their family members can earn to run their livelihood. (Shri Rajmani Patel associated.) 2. Issue Related to School Closure Due to the SATH-E Programme PROF. MANOJ KUMAR JHA: The NITI Aayog launched SATH-E in 2018, a programme for providing ‘Sustainable Action for transforming Human Capital’ with the State Governments. The Programme is being implemented by the NITI Aayog along with McKinsey & Company and IPE Global consortium in three States, Jharkhand, Odisha and Madhya Pradesh. I would like to ask the MHRD, on what basis these initiatives have been undertaken and the reasons to substantiate such radical measures to close State-aided schools. I would like to know how many schools have been closed which were funded by public finance, from 2009. (Shri Rajmani Patel and Shri Jose K. Mani associated) 3. Need for Steps to Make Barren Lands Fertile SHRI RAVI PRAKASH VERMA: One important side effect of climate change is that the land is becoming infertile. In India, 32.8 crore hectares of land is cultivable and barren land in it is 9.6 crore hectares, which is not suitable for agricultural production. This can have bad effect on the production of food grains. It is believed that in the next 10 years, due to rapidly increasing barrenness, the production of about 2 crore tonnes of food grains can reduced and the prices of food grains can increase by an additional 30 percent. According to the State of India's Environment Report, 30 percent of the land in India has become barren. Special efforts need to be made to make these lands cultivable. 4. Demand for Nutritious and Affordable Diet for Children SHRI AHAMED HASSAN: Recent studies have estimated that per capita cost of a daily diet, that is both nutritious and

286 affordable, amounts to Rs.200/- per day. Although India’s under-five mortality rate has improved over the last few years but the proportion of deaths due to malnutrition has not decreased significantly. Recent reports from various parts of the country claiming that children at schools are not being served nutritious food as part of their mid-day meal further exacerbates this problem. It is urgent that the Government aids the States in their effort to ensure that every child has access to a nutritious and affordable diet that can pave the way to a brighter future for our country. 5. Demand to celebrate Shri Dattopanth Thengadi Birth Centenary DR. SATYANARAYAN JATIYA: "I have to make my country independent. I will do agitation, stay hungry. But I will not leave the movement." These are expressions of a child whose name was Dattopanth. He established country's first Bhartiya Majdoor Sangh. He awakened nationalism among the workers. The year 2019 is the centenary year of such a great man. He was a Member of the Rajya Sabha twice and a member of the Deputy Chairman Panel. I request the Central Government to organize this birth centenary year of revered Dattopant Thengadi with utmost pride for the establishment of cultural establishment. (Dr. Sonal Mansingh, Shri Narayan Lal Panchariya and Shri Lal Sinh Vadodia associated) 6. Demand for Financial Sanction for Interlinking the Godavari- Cauvery Rivers SHRI A. K. SELVARAJ: Tamil Nadu is one of the most productive States in the country contributing substantially to the Central Exchequer. Tamil Nadu has made tremendous efforts in this regard and tapped almost all of its surface water resources. Therefore, there is an urgent need to find alternate sources to meet the water needs of Tamil Nadu. The only solution to the water-starved Tamil Nadu is to transfer water from Godawari to Cauveri. . I Urge the Union Government to take necessary steps to provide 200 TMC ft. of water from Godavari by coordinating with the riparian States of 287

Godavari and to finalize the preparation of Detailed Project Report of Godavari-Cauvery at Kattalai link point. 7. Demand to Adequately Compensating Farmers under the PMFBY DR. AMAR PATNAIK: The Pradhan Mantri Fasal Bima Yojana (PMFBY) was initiated as a scheme to give the vulnerable Indian farmers monetary assistance in the event of crop damage arising from natural calamities. This has precipitated regular protests as the claim settlements to insured farmers have been reduced. The insurance company has not followed the operational guidelines under the PMFBY. Despite this issue having been raised on multiple occasions in Parliament, the situation has, unfortunately, not been remedied. I would, therefore, urge that the Ministry of Agriculture and Farmers' Welfare investigate the breach by insurance companies, implement corrective measures and ensure that the farmers are compensated with their legitimate dues. (Shri Sasmit Patra associated.) 8. Demand to Release Pending Payment to Andhra Pradesh Under MGNREGS SHRI V. VIJAYASAI REDDY: This Scheme forms an important source of income for the rural population of Andhra Pradesh. Due to the severe drought and thereafter heavy floods this year in Andhra Pradesh, the income from the MGNREGA Scheme has become all the more important. It is very unfortunate that this demand for work under MGNREGA has not been met with a timely release of funds by the Centre. Towards the State of Andhra Pradesh, the Government of India has pending payments. I request the Minister of Rural Development to intervene and ensure immediate payment of wages to the daily labourers. (Shri P. Wilson associated.)

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9. Demand to Introduce Assamese as a Regional Language in the Kendriya Vidalaya Sangathan (KVS) in Assam SHRI RIPUN BORA: The Chief Ministers' Conference in 1961 and the National Commission on Education in 1968 recommended three language formula to be adopted in all the schools. As per the recommendation of the National Commission of Education in 1968, the three language formula is to be adopted in all the classes, but not in a piecemeal manner. As the climatic condition of Assam is not same as other Northern States of India, the summer vacation also do not match the timing of summer in Assam. During these two months, in some places of Assam, there occurs heavy flood for days together disrupting all sorts of communication, and a large number of people have to even take shelter in the relief camps. In view of this, I request the HRD Minister to reschedule the summer vacation for July and August and also introduce Assamese from Class I to XII in KVS of Assam. ______OBSERVATION BY THE CHAIR MR. CHAIRMAN: Hon. Members, I would like to draw the attention of the House to the issue raised by Shrimati Vijila Sathyananth yesterday. I have a suggestion, not an order, that some well-meaning and knowledgeable persons like Shri Jairam Ramesh, Dr. Vinay P. Sahasrabuddhe, Shri Sukhendu Shekhar Ray, Shri Tiruchi Siva, and Yadavji, can take the initiative and call a group of MPs, discuss this issue of pornography in the social media and the effect of it on the children and all. It is a very serious issue. It is not a simple issue, not a political aspect also. We have to come out with some concrete suggestions so that I can advice the Ministers of Communication and the Minister of Information and Broadcasting on this. These are the names that have come to my mind. But, others also can be co-opted. Please, see to it that some meaningful solution can be found, through a firm action, social as well as legislative action, at the earliest because this is assuming alarming proportions. And, parents, particularly mothers, they are very much worried and agitated at

289 homes, and we can interact with various people. They may not have a say in public but they all are really very much disturbed. So, I suggest that Jairamji can take initiative to call his other friends and whoever is interested can be co-opted. There is nothing like an official committee. It is in the larger interest of the country and I think, we, the House of Elders, should really do something in this regard and come forward. This is my suggestion. Now, I would like to make an announcement. There is a slight change with regard to admission of Zero Hour notices. Earlier, it was through notice only. Now, online system has also been introduced. Keeping that in mind, the upper time limit is 9 O'clock so that the notice would come to me, I go through it and approve it. And, then, it goes to the Secretariat. The Secretariat has to place it there. There is a practical problem. Many Members are not aware and whether it is admitted or not, they are coming in the morning. So, in the morning, I had a meeting with the Secretariat. The time limit will be 9 O'clock. Before that, everyone has to give notice. You know the Lok Sabha rule. They consider only those notices received up to previous day's evening hours. Still, I will experiment with this time limit of 9 O'clock in the morning for some time and then move on." ______PRIVATE MEMBERS' RESOLUTIONS Bringing Back Subjects Transferred from State List to Concurrent List SHRI VAIKO: I move the following Resolution:- "Having regard to the fact that- (i) India is a pluralistic society, consisting of myriad cultures, languages, religions and ethos, and the founding fathers of the Constitution provided for federalism which is the foundation of democracy;

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(ii) India being a multi-region and multi-linguistic nation with people of different hues and colours, decentralisation is the need of the hour; (iii) some important subjects have been transferred over the years from the State List thereby diluting and diverting the States' powers; (iv) important and sensitive subjects which have a bearing on the people of the country should be left to the States alone to decide in respect of its policy and implementation, since the State is nearer to the people than the Centre; (v) to protect the unity and integrity of the country, federalism in true sense should be provided for in the Constitution; (vi) there is an urgent need to improve harmonious development of the Centre-State relationship and to empower the States with more self-sufficient, autonomous and financial powers; (vii) there is an urgency to examine and consider all the recommendations of the various Review Commissions submitted in the past, on the working of the Constitution for implementation, this House urges upon the Government to- (a) take necessary measures, including amendments to the Constitution to bring back the subjects which were transferred from the State List to the Concurrent List, during the last 70 years; (b) ensure that the residuary powers are vested with the States, by reviewing and restructuring the Seventh Schedule to the Constitution; (c) take necessary steps to ensure that the States are financially empowered by allocating more finances to them; and (d) provide corpus funds to mitigate the sufferings of the people of each State, of such amounts depending on the past disasters each State faced like drought, floods, cyclone, etc."

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This Resolution throws light on major subject-federalism, which has been dealt in the Seventh Schedule of the Constitution of India -- Union List, State List and Concurrent List. The cardinal principle of my Party is decentralisation, giving more powers to the States and having a true federal country.We want real federation. The Constitution has been amended 103 times. The Preamble to the Constitution of India constitute India into a Sovereign, Socialist, Secular, Democratic, Republic and secure to all its citizens through Justice, Liberty, Equality and Fraternity. Until 1973, People have been advocating for a strong Centre. We are for a strong India. MDMK is for a strong India; all the political parties are for a strong India. We are for the unity and integrity of India. It is so easy to argue that a common language is needed for the unity of India. I request the Members of this august House to make a distinction between unity and uniformity. You want uniformity through the bulldozer of a common language. If it is uniformity that you are going to aim at, you are not going to achieve it. This country consists of different ethnic, cultural elements and different linguistic groups. It is only unity within this diversity that we should arrive at, but not by destroying the fine niceties of this diversity. Chandragupta Maurya , Gupta Empire and Mughal Empire had a strong Centre. They also destroyed. The argument of strong Centre, accumulating all the powers at the Centre, will lead to balkanisation that happened in Yugoslavia and Soviet Russia. In the Constitution of Australia, the residuary powers are vested with the States. In United States of America, the residuary powers have gone towards the States. Only in Canada, they have residuary powers towards the Centre. I have given this Resolution to bring amendment to the great Constitution. The Entry No. 97, that is, residuary powers should be included in the State List. I wish that transfer of property other than agricultural land, registration of deeds and documents, education etc. should be deleted from the Concurrent List and added to the State List. Now, education has become more or less Union List. Only for namesake, it is in the Concurrent List. 'one nation, one ration card, one aadhaar card, one language, one religion', finally, you won't have that one nation. I warn. It is a unity in diversity. It is a plural society. It is not a State. It is a multi-national

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State. It is not a nation. India is a multi-national State. The basic principle of federalism is that the legislative and executive authority is partitioned between the Centre and the States, not by any law to be made by the Centre, but by the institution itself. The residuary powers are given to the Centre and not to the States. But, these features do not form the essence of federalism. The chief mark of federalism lies in the partition of the legislative and executive authority between the Centre and the States by the Constitution. This is the principle embodied in our Constitution. Anna said that he will never be content till that day when Tamil takes its due place as one of the official languages in the Union. The Preamble to the Constitution clearly states that the political sovereignty rests with the people. Then legal sovereignty is divided between the federal union and the constituent units. We have a federal structure, that is why the framers of the Constitution wanted a federal structure and not a unitary structure. India is so vast in fact, it has been described as a sub- continent. The traditions are so different, the history is so varied that there cannot be a steel framed unitary structure here. There was one Sarkaria Commission. Then, there was the Rajamannar Committee headed by the then Chief Justice of the Madras High Court, Dr. P.V. Rajamannar. That Committee gave its report in the year 1969. According to Sarkaria Commission, the Governor of the State should not consider himself as an agent of the Centre.The Governor, as a last resort, before recommending President’s Rule should explore all possible avenues open. The Rajamannar Committee recommendations are very important for autonomy of the States and also suggests some checks upon the misuse of the provisions relating to the President’s rule.The Resolution adopted by All India Akali Committee held at Ludhiana in October, 1978 urges upon the Government to take cognizance of the different linguistic and cultural sections, religious minorities as also the voice of millions of the people and recast the constitutional structure of the country on real and meaningful federal principles to obviate the possibility of any danger to the unity and integrity of the country. The Left Front Government in West Bengal had adopted a 15-point programme in 1977 seeking re-alignment of Centre-State relations. Several political

293 parties have also stood for re-structuring of Centre-State relations and greater federal autonomy. Srinagar Conclave in 1983 brought together parties like DMK, Telugu Desam, Akali Dal, Republican Party of India, the Asom Jatiyatabadi Dal and J&K National Conference along with the left parties. I request to adopt this resolution. Residuary powers should be vested with the States and the Governor's post should be abolished. SHRI SHIV PRATAP SHUKLA: When the British tried to enact a centralized law, at that time, there was a revolt in the country. Dr. Ambedkarji had talked about federalism and the state and the centre relation on the basis of Article1. Today we are working on the same. Other governments used to limit State's share only to 35% . The present Central Government gave 42 percent share to the states. The Government gave 2 lakh 87 thousand crore rupees only to panchayats. To stop corruption, Jan Dhan scheme was started and 37 crore accounts were opened in that Jan Dhan scheme. Both the States and the Center must be mutually related. States and Center cannot remain separate from each other. The Tamil language has been accepted wholeheartedly by the Central Government. The Center of India was never known on the basis of authoritarianism. It has been a democracy and has run on the basis of democracy. Many times charges are levied at the Center by the States. I think this leads to a state of tension somewhere. Tension should never come between the State and the Center. There should always be harmony between them and we can work only on the basis of that harmony. The best evidence of federalism today is that GST has been implemented by this Government. But there is no decision which has been taken by the Government outside the GST Council. We would like to say that no Government has done as much work as this Government has done to give rights to the States. We have never used article 356 against any State. This is federalism. It has been clearly stated in the Constitution that the Center should give the rights to the States. The Center has given 52 rights to the States. This Government is operating according to the guidelines of the same Constitution. We can definitely say that the Government will take decision on the basis of concurrence of all the States. 294

SHRI JAIRAM RAMESH: It is being demanded that all items that were shifted from the State List to the Concurrent List, should go back to the State List. The Forty-Second Amendment came in 1976. Four big items were switched from the State List to the Concurrent List. Population control, forests, education and administration of justice went from State List to Concurrent List. Population is a national concern. The Central Government must have a role in population planning. It was done deliberately so that the Central Government can have a greater role in the management of forests, in management of education, in the management of population and in the management of justice. There has been a national consensus in this regard. Many parts of the Forty-Second Amendment were withdrawn by the Forty-Fourth Amendment. But these four items were not withdrawn. After education has come on the Concurrent List, the funding for education has increased astronomically. After forests have come on the Concurrent List, we have had the Forest (Conservation) Act. After population has come on the Concurrent List, population planning has taken place and, in fact, many States of the country, barring six, have already reached replacement levels of population. So, bringing it on to the Concurrent List has had beneficial effects on States. I support greater powers to States. Every Chief Minister demands power from New Delhi, but no Chief Minister is prepared to respect the 73rd and 74th Amendment. This is a paradox. If the Centre gives more power to States, States must devolve more power to Panchayats and Nagar Palikas. That is not happening. Federalism is not just Centre and State. Federalism is Centre, State, Municipalities and Panchayats. We are a nation of great diversity. The Constitution of India was prepared at a time when the single biggest concern was how to have a strong Centre. If the Centre is weak, India is weak. Strong Centre means that the Central Government has the pivotal role in raising resources and in distributing those resources equitably across the States. That is why we have the Finance Commission. Transferring items from the Concurrent List back to the State List will be detrimental not for the Centre, it will be detrimental to the States. Their investment in education, forests, population and planning will come down. So it is in the interests of the States to have

295 the Concurrent List. They do require some powers. However, no State should forget that they are part of the Indian Union and they are strong if the Union is strong. If the Union is weak, the States are weak. Therefore, cooperative federalism is the only way. What we have seen in the last couple of years, is not cooperative federalism, it is combative federalism. It is competitive federalism, and this is not the federalism that is implicit in the Constitution of India. I am not defending any political party. There are parts of this Resolution which are worth thinking about. The demand for more funds for the States for natural disaster and greater administrative and financial powers must be supported. SHRI DEREK O’BRIEN: (Spoke in Bangla). SHRIMATI VIJILA SATHYANANTH: The State of Tamil Nadu has a long history of advocating federalism to preserve national unity. Peraringnar Anna, who championed the idea of federalism and staunchly resisted any attempt that infringed upon the State’s prerogatives and emphasized the need to amend the Constitution, argued that an ideal Centre is the one which left sufficient powers to the State and kept just enough power to itself to protect the integrity and sovereignty of the country. Tamil Nadu Assembly passed a Resolution on State autonomy based on the recommendations of the Rajamannar Committee which urged the Centre to make immediate changes in the Constitution of India to establish a true federal set up with full State autonomy. The All India Anna Dravida Munnetra Kazhagam also continued to raise voice against anything that breached State’s autonomy. Our outstanding leader, Dr. Puratchi Thalaivi Amma, who constantly opposed the Goods Service Tax, claiming it will impact the fiscal autonomy, stressed that the country’s true freedom is in economic freedom. Also, States were given a well- defined legislative and executive jurisdiction in the Seventh Schedule of the Constitution. Institutions like the Finance Commission, the Election Commission and the Supreme Court were created to ensure

______ Synopsis of speech delivered by hon’ble Member in Bangla will be published separately as supplement. 296 some degree of fairness in dealing with the States. However, the appointment of Governor as Head of the State with discretionary powers, Article 356, the All-India Services, the Planning Commission, all these eroded the States’ powers significantly. Habitual abuse of Union’s powers for partisan political gain, frequent dismissal of elected State Governments and the Union’s near complete control of public and private investments, excessive discretion of the Union in resource transfers, the internal emergency that made India a de facto unitary State, and mass dismissals of State Governments in 1977 and 1980 led to a serious friction. However, a series of developments – the S.R. Bommai case verdict of 1994 about abuse of Article 356, successive Finance Commission’s reports on resource transfer, end of licence raj, decline of discretionary public sector investments, rise of regional parties and abolition of Planning Commission – helped create a more balanced federal India. Now, the Indian federalism has matured quite a lot and the States have far greater control of their economic and political management than in the earlier phase. We need more flexible federalism, strengthening India’s unity and integrity and allowing us to fulfil our potential. Education being a sensitive subject, any reform in the education sector must be handled with great sensitivity and care. It can be handled well only by the respective States. So, I would like the Union Government to soon switch over education as a State subject. Along with this, States’ rights also have to be preserved. SHRI VISHAMBHAR PRASAD NISHAD: According to this resolution, there should be a better coordination between the Central Government and the states so that the states can develop. Ours is a country of tribals and Dravidians. Even today there are such tribes residing in all the states of the country, that have not even seen any trains or buses. And there are states in the country where there is not enough provision for education, medical facilities and security for the tribes. So we should make all these provisions for them. The Central Government has not made adequate arrangements to protect the tribes of the Andaman & Nicobar islands. Research should be conducted on their dialect and language. They should be integrated into the mainstream by opening schools and other facilities for them. 297

There is a need to develop such people in all the states of the country. People are being discriminated against in our country. All the people in the country should get all the rights. We are asking for the census of the backward. But the government is not conducting their census. We are demanding this for the census to be held in 2021. The Bundeli language of Bundelkhand, Bhojpuri language of Purvanchal and Chhattisgarhi language of Chhattisgarh should be recognized. The Scheduled Castes and Scheduled Tribes should be given equal rights throughout the country. Therefore, my demand is that the government should bring a Bill that gives the Scheduled Castes and the Scheduled Tribes equal rights across the country and the anomalies in the existing law in this regard should be removed. States should be given autonomy. However they are discriminated against. The Constitution has given us rights. Children of the age group of 6 years to 14 years should be given free and compulsory education. So far nothing has happened for this purpose in the last 72 years. States should be given full powers, be they financial or other. With these words, I support this resolution. DR. AMAR PATNAIK: India is a Union of States. The Constitution clearly decided that India would be a Union of States, unitary in character and federal only in the structure. Therefore, the unitary character of the country, in terms of the Lists, have been mentioned in the Union List. Defence and external affairs have to be there with the Union so that the society remains plural, the sovereignty of the country is safeguarded, the security interests, and internal security are maintained. The Constitution did divide the subjects in three Lists. It is a part of the Federal Structure. Now, if you go according to the Lists, if a State wants to implement anything in the State List after legislation, it really cannot do so unless it raises the resources. Ultimately, what is important is financial federalism or financial autonomy. If there is a risk to financial federalism, then there is a risk to the federal structure and the unitary character itself. Federalism becomes dysfunctional if there is no financial autonomy for the States. States seek financial autonomy to transform themselves into the most advanced states. A special category status demanded by the state of Odisha has never been given to it. Moreover, the terms of 298 reference of the 15th finance commission, which was changed while giving an extension, to include internal security and defence as a part of the non-divisible pool. It is not to be included in the divisible pool. It will be carved out of the total collection of taxes. This is a clear infringement in fiscal federalism of this country. This will reduce the allocation to the States and the States would be deprived of their ability to discharge their constitutional requirements and constitutional responsibilities to their citizens. The internal security requirements, the defence requirements should be met out of the allocation earmarked for the Central Government. Despite our objections, the interim Report would come. This will have a serious impact on the fiscal autonomy of the States. If you can think about the number of cesses and surcharges, these are not divisible. If this particular terms of reference is included in the Fifteenth Finance Commission, then you would see that the States' allocation would drastically reduce. Given the pressure on the tax collection this year itself, we will see the impact in the States from this year itself. When you impinge on fiscal autonomy, the discussion on decentralisation, federalism etc. really doesn't matter because if you have fiscal autonomy, only then you can implement whatever is included in your State List. DR. K. KESHAVA RAO: We are the protagonists of a federal front and we are seeking it. We have not tried to say that whatever has been transferred to the Concurrent List should be sent back. But there has to be a review. Do not unnecessarily centralise the federal rights. We had the system where the rights of each other parties were taken note of. So, what I am saying is, Centre is a conceptual myth. Take any inch of this country, it belongs to a State. So, State has to be ruled and governed. It is not merely finances. We can work out the Constitution where the financial autonomy automatically comes to us. We needn't go with begging bowel to the Centre asking for financial autonomy or for more funds. When we are asking for more powers to the States, it is not only devolution of funds. But, the outcome of delivery are put on the States. We are failing at every stage. This is more because India is trapped in a bipolar disorder, the overlapping of authority and diversity of accountability. The State has the same mood to keep all the powers in 299 their hands while fighting with the Centre, as Centre does. It is a Concurrent List. The Union List number has 97 subjects, the State List has 66 subjects and the Concurrent List has now come down to 47 subjects. We are objecting to the State List getting into Concurrent List because our aspirations are getting defeated. It is not a mere thing. There is nothing like the States and the Centre both are equal and they make a nation. So, if you have a respect for the States at that level then the things will go on. SHRI T.K. RANGARAJAN: It is a very important Resolution. If it comes in the form of an official Resolution from the Government, that will be very good for the country. It is very clear in this Resolution that India is a pluralistic society consisting of several cultures and languages. The States want more power. That is the main point. Subjects like forests, protection of wild animals and birds, education have been taken from the States. Education is the most important issue which is creating a lot of problems. Some people sitting in the NITI Aayog propose something which people are not able to swallow. The Parliament has an exclusive power to make any law to impose tax not mentioned in Concurrent and State lists. As far as financial power is concerned, I would like to draw the attention of the House to the enforcement of the Goods and Services Tax. We all supported it. The GST did not produce any good results. Today, the States are starving; the Centre is also starving. The 14th Finance Commission has recommended changes to increase fiscal autonomy to States. That is very good. It will allow greater flexibility to States. Further, Government’s reliance on cesses and surcharges considerably increased. Every State is suffering. The transfer to the State as a percentage of gross central tax revenue has actually declined. My request is to consider that the States must have more powers. You must respect that this country is multi-linguistic, multi-religious and multi-cultural. Unity is more important. PROF. MANOJ KUMAR JHA: A language - Humne diya is not the language of cooperative federalism. It is against the federal idea. We should work on our language that will change a lot many things. India is a Union of States. The very idea of cooperative

300 federalism underwent a change. It is time for us to re-visit that. Centre and States have to work together where Centre should be prepared to give more concessions to the States. We should understand the spirit in which the Resolution is proposed. The Review Committee itself says that there is no dichotomy between a strong Centre and strong States. I stand in favour of this Resolution. It is time for the House to revisit those ideas. SHRI RAKESH SINHA: When the Constituent Assembly was being formed during and after the independence of India, the Communist parties of Hindustan demanded that not one but seventeen Constituent Assemblies be formed because India is not one nation, but a union of many nations. For our unity, for the Constitution of India, there is no need for any king or royal family for the freedom movement. Our unity is cultural unity, which sounds in unison from Kashmir to Kanyakumari. The Constitution of India reflects the same. Union does not mean a unitary state and federation does not mean a federal state. If we compare India with the federalism of the United Nations and the federalism of Canada, then we will not be able to decolonize India. Today, the relationship between the Centre and the State is a multiplying the quantity of desire, not a multiplying the quality of desire. There are three lists. There are 97 subjects in the Union List and 66 subjects in the State List. Barring one incident of handing over the concurrent list to the Centre, the Central Government never tampered the Concurrent List. The Centre and the State have been working in mutual coordination on the Concurrent List. There may be government of any party, the confrontation is political, there is no conflict between the centre and the state. There should be no demand in which there is talk of weak centre and strong state or weak state and strong centre. Many commissions were formed in independent India. The system of Congress was going on in this country. A type of government continued, the centre continued to rule, the party system and the state system remained the same. When the single party system was challenged and the multi-party system started coming in its tangible form. After 1967, there was a confrontation between the Centre and the State. The coming generations will define the constitutional system according to themselves that India is a 301 nation. Such Jaichand and Mir Jafar have been coming, who have been challenging the unity and integrity of India for their selfishness and have been doing divisive politics. In India, strength is taken through the people. I strongly object to your point that the Constituent Assembly did not represent the people. The Constituent Assembly of India represented all the citizens of India. SHRI SANJAY SINGH: Today, the Government of Delhi suffers most due to lack of transparency in the central and state systems. After India's independence, the AAP party formed the government in Delhi by winning 67 seats in February, 2015. The NDA government issued an order in May, 2015. According to that order, the right of transfer of officers of Delhi Government will be with the Union Home Ministry. The ACB was previously with the Delhi government, it was taken away from it. Due to this, the Delhi government is facing difficulty in controlling corruption. We have passed 14 bills and sent them to the Centre for approval, including the Jan Lokpal Bill. But all those bills have been put on hold by the Centre. Step motherly treatment is being made with the state government. We are not being allowed to work. The Delhi government has done exemplary work in the field of education. Today the result of government schools in Delhi is better than private schools. Our education system is being discussed all over the world and our "Mohalla Clinic" is being discussed in America. States have not received their share of GST for the last two months. SHRI V. VIJAYASAI REDDY: I am in agreement with my colleague, Shri Jairam Ramesh and the Resolution which has been introduced by Shri Vaikoji to the extent of 50 per cent. There is a misconception that the regional parties are narrow minded and they don't have the national approach. Regional parties of all the States want only absolute financial power, economic power. So far as financial powers are concerned, the Centre has got more powers. The devolution of funds has been increased from 32 per cent to 42 per cent, but, at the cost of the Centrally-sponsored schemes. We, in fact, require a strong Centre. I would like to make one submission to the hon. Law Minister that states want clarity on separation of powers

302 among Judiciary, Executive and Legislature. It is the States which have got the direct contact with the people. Therefore, the States need to have the capacity to fulfill the needs and ambitions of the people. That is why, the States should have more financial powers. The States too have got the financial discipline. Most of the facilities which the people use in their daily life fall squarely under the State List. Therefore, I request hon'ble Law Minister to come out with guidelines vesting more powers in the States. DR. SUDHANSHU TRIVEDI: The entire issue of the authority of the states is having three dimensions. One is financial and developmental aspect. Another is the constitutional and political authority. The other is the cultural and regional identity. The Government has tried its best to provide them the resources so that they can have their own development. We respect the regional sentiments and regional aspirations for development. The previous BJP Government created Uttarakhand, Jharkhand and Chhattisgarh States. Delhi is the capital of India. So, resources also belong to the Government of India. Same is in the case of Mumbai. It is the financial capital of India. Another aspect is terrorism which has emerged in the last 25-30 years. (Speech unfinished) Discussion not concluded.

Desh Deepak Verma, Secretary-General. [email protected]

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