Cover-63 Report-Law and Justice-13-14

REPORT NO. 63

PARLIAMENT OF INDIA RAJYA SABHA

DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEE ON PERSONNEL, PUBLIC GRIEVANCES, LAW AND JUSTICE

SIXTY THIRD REPORT The Rajasthan Legislative Council Bill, 2013

(Presented to the Rajya Sabha on 9th December, 2013) (Laid on the Table of Lok Sabha on 9th December, 2013)

Rajya Sabha Secretariat, New Delhi December, 2013/Agrahayana, 1935 (Saka) Website:http://rajyasabha.nic.in E-mail:[email protected] 25

Hindi version of this publication is also available

CS (P & L)-125

PARLIAMENT OF INDIA RAJYA SABHA

DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEE ON PERSONNEL, PUBLIC GRIEVANCES, LAW AND JUSTICE

SIXTY THIRD REPORT

The Rajasthan Legislative Bill, 2013

(Presented to the Rajya Sabha on 9th December, 2013) (Laid on the Table of Lok Sabha on 9th December, 2013)

Rajya Sabha Secretariat, New Delhi December, 2013/Agrahayana, 1935 (Saka)

CONTENTS

PAGES

1. COMPOSITION OF THE COMMITTEE ...... (i)-(ii)

2. INTRODUCTION ...... (iii)

3. ACRONYMS ...... (iv)

4. REPORT ...... 1—3

5. RELEVANT MINUTES OF THE MEETINGS OF THE COMMITTEE ...... 5—13

6. ANNEXURES ...... 15—24 (i) The Rajasthan Legislative Council Bill, 2013 ...... 17—22

(ii) List of organizations/individuals who have offered views on the Bill ...... 23—24

COMPOSITION OF THE COMMITTEE (Constituted on 31st August, 2013)

1. Shri Shantaram Naik — Chairman

RAJYA SABHA 2. Ms. Anu Aga 3. Shri Ram Jethmalani 4. Shri Sanjiv Kumar 5. Shri Parimal Nathwani 6. Shri Ram Vilas Paswan 7. Shri Sukhendu Sekhar Roy 8. Shri Ramchandra Prasad Singh 9. Dr. Abhishek Manu Singhvi 10. Shri Bhupender Yadav

LOK SABHA 11. Maulana Badruddin Ajmal 12. Shri T. R. Baalu 13. Shri E.T. Mohammed Basheer 14. Shri N.S.V. Chitthan 15. Shri P.C. Gaddigoudar 16. Shri D.B. Chandre Gowda 17. Shri Shailendra Kumar 18. Shri Jitender Singh Malik 19. Shri Arjun Meghwal 20. Shri Pinaki Misra 21. Shri Abhijit Mukherjee 22. Shri S.S. Ramasubbu 23. Shri S. Semmalai 24. Shri S.D. “Shariq” 25. Shrimati Meena Singh 26. Shri Vijay Bahadur Singh 27. Dr. Prabha Kishore Taviad 28. Shri Suresh Kashinath Taware 29. Shri Madhusudan Yadav 30. Vacant 31. Vacant

(i) (ii)

SECRETARIAT Shri Alok Kumar Chaterjee, Joint Secretary Shri K.P. Singh, Director Shri Ashok K. Sahoo, Joint Director Shrimati Niangkhannem Guite, Assistant Director Shrimati Catherine John L., Assistant Director INTRODUCTION

I, the Chairman of the Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice, having been authorised by the Committee on its behalf, do hereby present the Sixty-third Report of the Committee on the Rajasthan Legislative Council Bill, 2013. (Annexure-I) 2. In pursuance of the Rules relating to the Department-related Parliamentary Standing Committee, the Hon’ble Chairman, Rajya Sabha referred the Bill, as introduced in the Rajya Sabha on the 6th August, 2013 to this Committee on the 7th August, 2013 for examination and report. 3. The Committee issued a press communiqué to solicit views/suggestions from desirous individuals/ organisations on various provisions of the Bill. In response thereto the Committee received thirty-four memoranda containing suggestions from various organizations/ individuals/experts. Comments of the Legislative Department on the views/suggestions thereon were sought for consideration of the Committee. 4. The Committee heard the presentation of the Secretary, Legislative Department, Ministry of Law and Justice on various provisions of the Bill in its meeting held on 27th September, 2013 and recorded oral evidence on the subject matter of the Bill in its meeting held on 30th October, 2013. During its Study visit to Jaipur between 8th to 10th October, 2013, the Committee interacted with the representatives of the Government of Rajasthan, representatives of political parties such as The Indian National Congress, Bahujan Samaj Party, Bharatiya Janata Party, Communist Party of India (M), Communist Party of India and representatives of organizations viz. Consumer Unity and Trust Society, People’s Union for Civil Liberties, Mazdoor Kisan Shakti Sangathan, Transparency International and other individuals. List of individuals/organizations who deposed before the Committee on the Bill are placed at Annexure-II. 5. While considering the Bill, the Committee took note of the following documents/information placed before it:– (i) Background note on the Bill submitted by the Legislative Department, Ministry of Law and Justice; (ii) Views/suggestions contained in the memoranda received from various organisations/ institutions/individuals/experts on various provisions of the Bill and the comments of the Legislative Department thereon; and (iii) Replies of State Government of Rajasthan to Questionnaire prepared by the Secretariat on the issues dealt with by the Bill. 6. The Committee adopted the Report in its meeting held on the 27th November, 2013. 7. For the facility of reference and convenience, the observations and recommendations of the Committee have been printed in bold letters in the body of the Report.

SHANTARAM NAIK NEW DELHI; Chairman, 27th November, 2013 Department-related Parliamentary Standing Committee Agrahayana 27, 1935 (Saka) on Personnel, Public Grievances, Law and Justice

(iii) ACRONYMS

CPI Communist Party of India CPI (M) Communist Party of India (Marxist)

(iv) 1

REPORT

The Rajasthan Legislative Council Bill, 2013 seeks to amend Article 168 of Constitution as well as relevant Schedule/Section of the Representation of People Act, 1951 for the purpose of creating Legislative Council (Vidhan Parishad) for the State of Rajasthan with sixty six members. 2. So far six out of twenty eight States have bicameral legislatures. Those States are Andhra Pradesh, Bihar, Jammu and Kashmir, Karnataka, Maharashtra and Uttar Pradesh. Legislative Councils in the States of Punjab and West Bengal have been abolished. Legislative Councils in the States of Tamil Nadu and Madhya Pradesh are yet to be made operational. However, legislative measures are being taken to abolish Legislative Council in the State of Tamil Nadu. 3. Article 168 of Constitution provides for Constitution of State Legislature. The procedure for creation and abolition of Legislative Council is enumerated under Article 169 of the Constitution. Entry Nos. 37, 38 and 39 of State list enumerated under Seventh Schedule of Constitution are relatable to Legislative Council of the State. 3.1 In accordance with the provision of Article 169(1), the Legislative Assembly of the State of Rajasthan has passed the following resolution on 18th April, 2012 by special majority to that effect: “Whereas, the House is of the view that to provide extensive representation to the people in the State Legislature and to establish healthy and strong democratic traditions, it is necessary to create Legislative Council in the State. Therefore, in pursuance of clause (1) of Article 169 of the Constitution of India, the House resolves that a law may be passed by the Parliament to create Legislative Council in the State of Rajasthan”. That resolution has received support of 152 Members against 4 Members out of 156 members of that House present and voting on that day. That resolution was forwarded to Union Government on 4th May, 2012 which received the approval of the Union Cabinet on 18th April, 2013. 4. Category-wise representation of Members as per Article 171 (3) of Constitution is given below:–

(a) Members elected by the State : 22(1/3 of total strength) Legislative Assembly (b) Members elected by the Local : 22(1/3 of total strength) Bodies (c) Members elected from the : 06(1/12 of total strength) Graduates’ Constituency (d) Members elected from the : 06(1/12 of total strength) Teachers’ Constituency (e) Members nominated by the : 10(1/6 of total strength) Governor

TOTAL ::66 2

The State Government of Rajasthan has mentioned that all elected members of Municipal Corporation, Municipal Council, Municipal Boards, Gram Panchyats, Cantonment Boards, Panchayat Samiti and Zila Parishad would be the local bodies for the purpose of election of Legislative Council. 5. The Committee heard NGOs and members of Civil Society in Delhi and Jaipur. It had also heard recognized political parties of Rajasthan and State Government of Rajasthan at Jaipur. Following important views have been expressed on the Bill:- (a) Article 169 of Constitution is an experimental provision. There was no unanimity on the existence of second chamber in State in Constituent Assembly. Citing the Tamil Nadu experience about creation/abolition of second chamber it was pointed that Article 169 is highly politicized in present days. There is a need to evolve national policy regarding the existence of second chamber for all States uniformly by amending Article 169 to ensure that second chamber once created cannot be abolished at the whims and fancy of a newly elected Government. (b) Legislative Council in the State is not only second chamber but also secondary to Legislative Assembly in its role. Unlike Rajya Sabha, it can only delay ordinary legislation for a maximum period of four months. Moreover, Article 197 of the Constitution is also putting restriction on powers of Legislative Councils as to Bills other than money Bills. From utility point of view Legislative Council should be abolished in all States. (c) Creation of Legislative Council in Rajasthan would pose huge financial burden on the State exchequer. (d) Legislative Council in the State would provide opportunity to the particular tribe/caste who does not get elected to Legislative Assembly because of their lesser numerical strength. (e) Pre-legislative consultation at village and taluq levels and operationalisation of Wards Committee mentioned under Article 243 (S) of Constitution was preferred to creation of Legislative Council for the time being to enable the elected representatives of Legislative Assembly to get filtered view of people at grass root level. (f) As to composition of Legislative Council, representation should be exclusively made from local self Government institutions and for nominated members dispensing with Teachers’ and Graduates’ constituencies which were rare and respected soon after independence. 6. All recognized political parties in Rajasthan except CPI & CPI(M) have supported creation of Legislative Council in the State of Rajasthan. 7. State Government of Rajasthan in their reply to the questionnaire of the Committee have submitted that creation of Legislative Council in that State would involve an expenditure amounting to R100/- crores approximately which the State has the capacity to bear. 8. The Committee after examining views expressed about creation of Legislative Council for the State of Rajasthan, unanimously recommends to Parliament to pass the legislation in larger public interest. 9. The Committee, however takes note of the following suggestions made to it during consideration of the Bill: (i) There is a need to evolve a national policy conscientious with regard to creation/ abolition of Legislative Council particularly in regard to the fact that the status of Second Chamber cannot be of temporary in nature depending on the mood of the Government of the day nor can be abolished once created, only at the whims and fancy of a newly elected Government in the State. 3

(ii) There is a need for a detail review of composition of the Legislative Councils particularly with reference to representations of local bodies which should not remain limited to urban local bodies only. There is a need for proper representation of elected representatives of both the Panchayati Raj and urban local self Government bodies and ward Committees as mentioned in Article 243(S) of the Constitution. (iii) Comprehensive review of present constituencies like members elected by the State Legislative Assemblies, Graduates & Teachers is required considering todays’ changing scenario. 10. The Committee feels these suggestions need urgent consideration by Government and can be addressed at appropriate time in the future.

MINUTES

III THIRD MEETING

The Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice met at 3.00 P.M. on Friday, the 27th September, 2013 in Room No. G-074, Parliament House Library, New Delhi.

MEMBERS PRESENT 1. Shri Shantaram Naik — Chairman

RAJYA SABHA 2. Ms. Anu Aga 3. Shri Ram Vilas Paswan 4. Shri Sukhendu Sekhar Roy 5. Shri Bhupender Yadav

LOK SABHA 6. Shri E.T. Mohammed Basheer 7. Shri Shailendra Kumar 8. Shri Arjun Meghwal 9. Shri Pinaki Misra 10. Shri S.S. Ramasubbu 11. Shri Abhijit Mukherjee 12. Shri Vijay Bahadur Singh 13. Dr. Prabha Kishore Taviad

SECRETARIAT Shri Alok Kumar Chatterjee, Joint Secretary Shri K.P. Singh, Director Shri Ashok K. Sahoo, Joint Director Shrimati Niangkhannem Guite, Assistant Director Shrimati Catherine John L., Assistant Director

I. The Rajasthan Legislative Council Bill, 2013 Ministry of Law and Justice

● Legislative Department 1. Shri P.K. Malhotra, Secretary 2. Dr. M. Vijayawargiya, Joint Secretary 3. Shrimati Veena Kothavale, Deputy Legislative Counsel

7 8

II. The Right to Information (Amendment) Bill, 2013 Ministry of Personnel, Public Grievances and Pensions

● Department of Personnel and Training 1. Dr. S.K. Sarkar, Secretary 2. Shri Manoj Joshi, Joint Secretary 3. Shri Sandeep Jain, Director (IR)

● Legislative Department 1. Dr. Sanjay Singh, Additional Secretary 2. Shri Udaya Kumara, Additional Legislative Counsel 3. Shri K.V. Kumar, Deputy Legislative Counsel

The Rajasthan Legislative Council Bill, 2013 2. The Chairman welcomed the Members of the Committee, Secretary, Legislative Department and senior officers of the Legislative Department to the meeting. He then requested the Secretary, Legislative Department to place before the Committee, the views of his Department on the Rajasthan Legislative Council Bill, 2013. 3. The Secretary, Legislative Department while making a power point presentation, touched upon various aspects of the Legislative Councils and said that presently the States viz., Andhra Pradesh, Bihar, Jammu and Kashmir, Karnataka, Maharashtra and Uttar Pradesh have Legislative Councils. He further said that in West Bengal and Punjab, the Legislative Councils were abolished. In Madhya Pradesh and Tamil Nadu, although Legislative Councils have been created, they are not operational and also steps are being taken for its abolition in Tamil Nadu. 4. He further stated that the Rajasthan Legislative Assembly passed a resolution on 18th April, 2012 in order to provide extensive representation to the people of the state and to establish healthy and strong democratic traditions, it is necessary to create Legislative Council in the State, and that in pursuance of Clause (1) of Article 169 of the Constitution of India, the House resolved that a law may be passed by the Parliament to create Legislative Council in the State of Rajasthan. 5. He apprised the Committee that it was decided to create Legislative Council for the State of Rajasthan and thus the Rajasthan Legislative Council Bill, 2013 was introduced wherein Clause 3 of the Bill provides for creation of Legislative Council for the State of Rajasthan with effect from the date to be appointed by the president. He clarified that Article 171 of the Constitution provides that the total number of Members in the Legislative Council of a State having such a Council shall not exceed one third of the total number of members in the Legislative Assembly of that State, provided that the total number of members in the Legislative Council of a State shall in no case be less than forty and that 66 Members are proposed in the Legislative Council in Rajasthan. 6. Some queries were raised by Members regarding the various provisions of the Bill, and the same were responded to by the Secretary. (The witnesses then withdrew) 7. * * * 8. * * * 9. * * *

*** Relate to some other matters. 9

10. * * * 11. A verbatim record of the proceedings of the meeting was kept.

12. The Committee then adjourned at 4.32 P.M.

*** Relates to some other matter. 10

IV FOURTH MEETING

The Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice met at 3.00 P.M. on Wednesday, the 30th October, 2013 in Committee Room ‘A’, First Floor, Parliament House, New Delhi.

MEMBERS PRESENT 1. Shri Shantaram Naik — Chairman

RAJYA SABHA 2. Ms. Anu Aga 3. Shri Ram Vilas Paswan 4. Shri Sukhendu Sekhar Roy

LOK SABHA 5. Shri T.R. Baalu 6. Shri E.T. Mohammed Basheer 7. Shri Arjun Meghwal 8. Shri Pinaki Misra 9. Shri Abhijit Mukherjee 10. Shri S.D. Shariq 11. Shrimati Meena Singh 12. Shri Vijay Bahadur Singh

SECRETARIAT Shri Alok Kumar Chatterjee, Joint Secretary Shri K.P. Singh, Director Shri Ashok K. Sahoo, Joint Director Shrimati Catherine John L., Assistant Director

I. List of Non-Official Witnesses 1. Shri Rangasayee Ramakrishna, M.P (Rajya Sabha) 2. Shri Subash C. Agrawal, RTI Activist 3. Shri P.N. Mendola, Jaipur 4. Shri Chouth Mal Gupta, Jaipur 5. Shri Bal Mukund Sanaday, Rajasthan II. Legislative Department, Ministry of Law and Justice Dr. Mukulita Vijaywargiya, JS & LC 2 Divergent views were expressed by the non-official witnesses for creation of second chamber for the State of Rajasthan.

10 11

3. Views expressed in support of the Bill were that provisions of Article 169 of Constitution which relates to abolition or creation of Legislative Council for the State was an experimental provision leaving the decision mainly to the concerned State. It was stated that there was no unanimity on that issue in the Constituent Assembly. Citing the Tamil Nadu experience about creation/abolition of second chamber it was pointed out that Article 169 is highly politicized in present days. In order to avoid that there is need to evolve a uniform national policy regarding the existence of second chamber for all States by amending Article 169 to ensure that second chamber once created cannot be abolished at the whim and fancy of a newly elected Government. As to composition of Legislative Council, representation should be exclusively made from local self Government institutions and for nominated members dispensing with Teachers’ and Graduates’ constituencies which were rare and respected soon after independence. 4. Views expressed in opposition to the creation of Legislative Council held that there was no utility of second chamber. Unlike Rajya Sabha, Legislative Council is not only second chamber but also secondary to Legislative Assembly which can not disagree but delay the legislation passed by lower house to the maximum period of four months. It was, therefore, pleaded that second chamber in all States should be abolished and the Article 169 of Constitution should be deleted from the Constitution. Since it has no utility, it would pose huge financial burden on the state exchequer thereby affects developmental work. 5. Referring to the Statement of Objects and Reasons of the Bill which mentions that better opportunities to people’s participation in governance and decision making would be ensured by making operational ‘Wards Committees’ mentioned under Article 243(S) of Constitution. It was also pointed out that second chamber is being created to rehabilitate defeated politicians and their relatives in the legislature enabling them to get pay, perquisite, allowance which would be a burden on the State without having any definite utility. 6. On the issue of composition of Legislative Council, one of the Members referred to Jammu and Kashmir Constitution where Teachers’ and Graduates’ Constituencies have been deleted in order to insulate educational institutions from politics. Some other Members opposed abolition of Teachers’ Constituencies in the State for second chamber. (The witnesses then withdrew) 7. Verbatim record of meeting of the Committee was kept.

8. The meeting adjourned at 4.25 P.M. to meet again at 11 A.M. on 6th November, 2013. 12

VI SIXTH MEETING

The Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice met at 11.30 A.M. on Wednesday, the 27th November, 2013 in Room No. ‘63’, First Floor, Parliament House, New Delhi.

MEMBERS PRESENT 1. Shri Shantaram Naik — Chairman

RAJYA SABHA 2. Ms. Anu Aga 3. Shri Parimal Nathwani 4. Shri Ram Vilas Paswan 5. Shri Sukhendu Sekhar Roy 6. Shri Ramchandra Prasad Singh

LOK SABHA 7. Shri T.R. Baalu 8. Shir P.C. Gaddigoudar 9. Shri Shailendra Kumar 10. Shri Pinaki Misra 11. Shri Abhijit Mukherjee 12. Shri S.S. Ramasubbu 13. Shrimati Meena Singh 14. Shri Vijay Bahadur Singh 15. Dr. Prabha Kishore Taviad 16. Shri Suresh Kashinath Taware

WITNESSES *** 2. * * * 3. * * *

*** Relate to some other matters.

12 13

4. * * * 5. * * * 6. The Committee then took up for consideration its draft Sixty- third and Sixty- fourth Reports on the Rajasthan Legislative Council Bill, 2013 and the Judicial Appointments Commission Bill, 2013. The Members expressed their views on the draft Reports and adopted the same with some minor modifications. 7. The Committee then authorized the Chairman and in his absence, Shri Sukhendu Sekhar Roy to present the Reports in the Rajya Sabha and Shri Shailendra Kumar and in his absence, Shri Abhijit Mukherjee to lay the same on the Table of the Lok Sabha, on Friday, the 6th December, 2013. 8. A verbatim record of the proceedings of the meeting of the Committee was kept.

9. The meeting adjourned at 12.48 P.M.

*** Relate to some other matters.

ANNEXURES

ANNEXURE-I

AS INTRODUCED IN THE RAJYA SABHA 06 August, 2013

Bill No. XLIV of 2013

THE RAJASTHAN LEGISLATIVE COUNCIL BILL, 2013

A BILL to provide for the creation of the Legislative Council for the State of Rajasthan and for matters supplemental, incidental and consequential thereto.

BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:—

1. This Act may be called the Rajasthan Legislative Council Short title. Act, 2013.

2. In this Act, unless the context otherwise requires, each of Definition. the words and expressions used herein and not defined but defined 43 of 1950. in the Representation of the People Act, 1950, shall have the same meaning as in that Act.

3. (1) As from such date as the President may, by order, Creation of appoint, there shall be a Legislative Council for the State of Legislative Council for Rajasthan; and as from that date, in sub-clause (a) of clause (1) of Rajasthan. article 168, after the word “Karnataka,”, the word “Rajasthan,” shall be inserted.

17 18

(2) In the said Council, there shall be 66 seats of which— (a) the numbers to be filled by persons elected by the electorates referred to in sub-clauses (a), (b) and (c) of clause (3) of article 171 shall be 22, 6 and 6 respectively; (b) the number to be filled by persons elected by the members of the Legislative Assembly of Rajasthan in accordance with the provisions of sub-clause (d) of the said clause shall be 22; and (c) the number to be filled by persons nominated by the Governor of Rajasthan in accordance with the provisions of sub-clause (e) of that clause shall be 10. (3) As soon as may be after the commencement of this Act, the President, after consultation with the Election Commission, shall, by order, determine — (a) the constituencies into which the State of Rajasthan shall be divided for the purpose of elections to the said Council under each of the sub-clauses (a), (b) and (c) of clause (3) of article 171; (b) the extent of each constituency; and (c) the number of seats to be allotted to each constituency. (4) Every order made under sub-section (3) shall be laid before each House of Parliament as soon as may be after it is made, and shall be subject to such modifications as Parliament may make on a motion made within twenty days from the date on which the order is so laid. (5) As soon as may be after such determination, steps shall be taken to constitute the said Council in accordance with the provisions of this Act, the Representation of the People Act, 1950 and the 43 of 1950. Representation of the People Act, 1951. 43 of 1951.

Amendment of 4. In the Representation of the People Act, 1950,— Third Schedule and Fourth (a) in the Third Schedule, after entry No. 6 relating to Schedule to Karnataka, the following entry shall be inserted, namely:— Act 43 of 1950. “7. Rajasthan 66 22 6 6 22 10”; (b) existing entries 7 and 8 shall be renumbered as entries 8 and 9, respectively; (c) in the Fourth Schedule, after the heading “KARNATAKA” and the entries thereunder, the following heading and entries shall be inserted, namely:— “RAJASTHAN 1. Municipal Corporations. 2. Municipal Councils. 19

3. Municipal Boards. 4. Cantonment Boards. 5. Gram Panchayats. 6. Panchayat Samitis. 7. Zila Parishads.”.

5. In section 15A of the Representation of the People Act, 1951, Amendment of after the words and figures “and constituting the Legislative Council section 15A of Act 43 of 1951. of the State of Tamil Nadu under the Tamil Nadu Legislative Council 16 of 2010. Act, 2010”, the words and figures “and constituting the Legislative Council of the State of Rajasthan under the Rajasthan Legislative Council Act, 2013” shall be inserted. 20

STATEMENT OF OBJECTS AND REASONS

Clause (1) of article 169 of the Constitution provides that Parliament may, by law, provide for the abolition of the Legislative Council of a State having such a Council or for the creation of such a Council in a State having no such Council if the Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two- thirds of the members of the Assembly present and voting.

2. On the 18th April, 2012, the Rajasthan Legislative Assembly passed a resolution in terms of clause (1) of article 169 of the Constitution for the creation of Legislative Council in that State. It is, accordingly, proposed to enact a law providing for the creation of Legislative Council for the State of Rajasthan with sixty-six members paving way for giving better opportunity to people’s participation in governance and decision making.

3. The Bill seeks to achieve the above objects and also provides for matters supplemental, incidental and consequential to the creation of the Legislative Council for the State of Rajasthan.

NEW DELHI; KAPIL SIBAL. The 24th June, 2013.

20 21

ANNEXURE

EXTRACT FROM THE REPRESENTATION OF THE PEOPLE ACT, 1950

(43 OF 1950)

*****

THE THIRD SCHEDULE (See section 10) Allocation of seats in the Legislative Councils

Number to be elected or nominated under article 171(3)

Name of Total number Sub-clause Sub-clause Sub-clause Sub-clause Sub-clause State of seats (a) (b) (c) (d) (e)

12 3 4567

***** THE FOURTH SCHEDULE [See section 27(2)] Local authorities for purposes of elections to Legislative Councils

*****

EXTRACT FROM THE REPRESENTATION OF THE PEOPLE ACT, 1951

(43 OF 1951)

*****

15A. For the purpose of constituting the Legislative Council Notification for of the State of Madhya Pradesh under the States Reorganisation certain elections to Legislative 37 of 1956. Act, 1956 and constituting the Legislative Council of the State of Councils. Andhra Pradesh under the Andhra Pradesh Legislative Councils 1 of 2006. Act, 2005 and constituting the Legislative Council of the State of 16 of 2010. Tamil Nadu under the Tamil Nadu Legislative Council Act, 2010, the Governor of each of the aforesaid States shall, by one or more notifications published in the Official Gazette of the State on such date or dates as may be recommended by the Election Commission, call upon the members of the Legislative Assembly of the State and all the Council constituencies to elect members in accordance with the provisions of this Act and of the rules and orders made thereunder.

*****

21 22

RAJYA SABHA

A BILL to provide for the creation of the Legislative Council for the State of Rajasthan and for matters supplemental, incidental and consequential thereto.

(Shri Kapil Sibal, Minister of Law and Justice)

22 23

ANNEXURE-II

List of Witnesses who appeared before the Committee during its study visit from 3rd to 10th October, 2013 on the Rajasthan Legislative Council, Bill, 20013

Date : 10th October, 2013 Place : Jaipur, Rajasthan

Sl. No. Name of Individual Organisation 1. Shri C.K. Mathew Chief Secretary, Government of Rajasthan

2. Shri Rakesh Srivastava Principal Secretary, General Administration

3. Shri Mukesh Sharma Principal Secretary, Department of Personnel, Government of Rajasthan

4. Shri Prakash Gupta Principal Secretary (Law), Government of Rajasthan

5. Shri Govind Sharma Principal Secretary, Finance Department, Government of Rajasthan

6. Shri P.D. Pareek Dy. Secretary, Rajasthan Legislative Assembly 7. Shrimati Aruna Roy Social Activist

8. Shri Nikhil Dey Social Activist

9. Shri Bharwar Meshwanshi Social Activist

10. Shrimati Mamata Jailtely Social Activist

11. Shri Surendra Lamba Bahujan Samaj Party 12. Shri Rupchand Radia Bahujan Samaj Party

13. Shri Onker Singhal Bhartiya Janata Party

14. Shri Satyender Singh Raghav Bhartiya Rashtriya Congress

15. Shri Rajender Ranaut Bhartiya Janata Party

16. Shri Kailashnath Bhar Bhartiya Janata Party

17. Shrimati Remila Pameeecha RTI Activist 18. Shri Rajendra Bhanawat Doosra Dashak

19. Shri Radhakant PUCL

23 24

List of Witnesses who appeared before the Committee in New Delhi on the Rajasthan Legislative Council Bill, 2013

Date : 30th October, 2013 Place : New Delhi

Sl. No. Name of Individual Organisation 1. Shri Rangasayee Ramakrishna M.P. (Rajya Sabha) 2. Shri Subash C. Agrawal RTI Activist 3. Shri P.N. Mendola Jaipur 4. Shri Chouth Mal Gupta Jaipur 5. Shri Bal Mukund Sanaday Rajasthan Printed at : Bengal Offset Works, 335, Khajoor Road, Karol Bagh, New Delhi-110005.