___

SYNOPSIS OF DEBATES (Proceedings other than Questions & Answers) ______

Monday, April 10, 2017/ Chaitra 20, 1939 (Saka) ______

SUBMISSION BY MEMBERS

Re: Alleged racial remarks against South Indians by an ex-MP.

THE MINISTER OF HOME AFFAIRS (SHRI RAJNATH SINGH) responding to the issue raised by several hon. Members, said: First of all, I would like to make it clear that our country is secular. Discrimination cannot be allowed in the country on the basis of caste, creed, religion and colour at any cost by anyone whoever he might be. Further, I would like to quote the statement of the concerned Ex-Member of Parliament in which he has stated that this is indefensible and for this, he sincerely apologise. Therefore, since he has already tendered his apology in this regard, there is no justification to raise this issue in the

House.

THE MINISTER OF CHEMICALS AND FERTILIZERS AND

MINISTER OF PARLIAMENTARY AFFAIRS (SHRI ANANTHKUMAR) also said: The hon. Minister of Home Affairs has already given the reply in this regard. It is the clear opinion of the Union Government and our party that we all are Indians. We do not discriminate in terms of colour or caste. We all are one and united. We all are Indians irrespective of whether we are from South, East, North,

West or Central India. We neither have any difference nor any schism among us.

*MATTERS UNDER RULE 377

(i) SHRI NANA PATOLE laid a statement regarding need to expedite

the District Planning Map Series Project by National Atlas &

Thematic Mapping Organisation in all the districts of the country.

(ii) SHRI laid a statement regarding need to provide

financial assistance to farmers who lost their agriculture crops due to

unseasonal rains and hailstorms in Dausa parliamentary constituency,

Rajasthan.

(iii) SHRI laid a statement

regarding appointment of officers of State Government of

Rajasthan in Bhakra Beas Management Board (BBMB).

(iv) SHRI SUSHIL KUMAR SINGH laid a statement regarding need to

construct bridges on roads constructed under Pradhan Mantri Gram

Sadak Yojana in Gaya and Aurangabad districts in Bihar.

(v) SHRI HARIOM SINGH RATHORE laid a statement regarding

need to check the wrong depiction of historical facts associated with

Maharani Padmini, the queen of Chittor in films.

* Laid on the Table as directed by the Speaker. (vi) SHRI DEVENDRA SINGH BHOLE laid a statement regarding

need to ensure compliance of admission rules in Jawahar Navodaya

Vidyalaya, Mati in Kanpur dehat district, Uttar Pradesh.

(vii) SHRI GOPAL SHETTY laid a statement regarding need to allocate

funds for construction of sanctioned railway line projects in

Maharashtra.

(viii) SHRI RAVINDRA KUMAR RAY laid a statement regarding need

to check the pollution caused by Damodar Valley Corporation plant in

Banjhedih in Kodarma district, Jharkhand.

(ix) SHRI JAGDAMBIKA PAL laid a statement regarding need to

provide adequate compensation to farmers of Siddharthnagar district,

Uttar Pradesh whose land has been acquired for Indo-Nepal Border

Road Project as per the norms of Land Acquisition, Rehabilitation and

Resettlement Act 2013.

(x) SHRIMATI RAMA DEVI laid a statement regarding need to

enhance the honorarium of Aanganwadi workers and also increase the

budget allocation for nutritional foods and better basic facilities in

Aanganwadi centres.

(xi) SHRI BHAIRON PRASAD MISHRA laid a statement regarding

need to upgrade a junior high-school to high school at each Panchayat

in Banda parliamentary constituency, Uttar Pradesh. (xii) SHRI GANESH SINGH laid a statement regarding need to improve

the BSNL mobile service in Satna parliamentary constituency,

Madhya Pradesh.

(xiii) DR. KIRIT P. SOLANKI laid a statement regarding need to fill up

the vacant posts of sanitary workers in Railways.

(xiv) SHRI laid a statement regarding need

to provide funds as a share of Union Government towards

construction of Aanganwadi Centres in urban areas in Banswara

parliamentary constituency, Rajasthan.

(xv) DR. RAMESH POKHRIYAL NISHANK laid a statement regarding

need to establish an International Sugarcane Research Institute in

Haridwar, Uttarakhand.

(xvi) SHRI VINCENT H. PALA laid a statement regarding need to amend

the clause of Mines & Mineral Development and Regulation Act,

2015 for auctioning of coal and limestone in Meghalaya.

(xvii) SHRI RAJEEV SATAV laid a statement regarding need to increase

the pension of EPF pensioners.

(xviii) PROF. SAUGATA ROY laid a statement regarding assent to the

pending bills sent by West Bengal Government. (xix) SHRI NAGENDRA KUMAR PRADHAN laid a statement

regarding enhancing the norms to accommodate the planting material

cost under NHM in Odisha.

(xx) SHRI KRUPAL BALAJI TUMANE laid a statement regarding need

to protect the interest of domestic wheat growing farmers keeping in

view the bumper wheat crop and low import duty on wheat.

(xxi) PROF. A.S.R. NAIK laid a statement regarding framing a policy for

reserved constituencies.

(xxii) SHRI DHANANJAY MAHADIK laid a statement regarding need to

provide adequate funds for development of the historical forts in

Maharashtra.

(xxiii) SHRI PREM SINGH CHANDUMAJRA laid a statement regarding

menace of stray dogs and wild animals in the country.

(xxiv) SHRI SHAILESH KUMAR laid a statement regarding need to

expedite establishment of Vikramshila University in Bihar.

(xxv) ADV. JOICE GEORGE laid a statement regarding shutting down of

regional office of the Rubber Board at Kothamangalam.

THE MOTOR VEHICLES (AMENDMENT) BILL, 2016 - Contd.

THE MINISTER OF ROAD TRANSPORT AND HIGHWAYS AND

MINISTER OF SHIPPING (SHRI NITIN GADKARI) replying said: I would like to express my gratitude and thanks to all the hon. Members who have put forth their views on this important Bill on road safety. We will seriously consider all the suggestions that they have made and will implement them. I extend my thanks to

Shri Mukul Rai ji and all the Members of the Standing Committee as they submitted their suggestions after going through the Bill in a very short time and we have formulated this Bill on the basis of those suggestions. Besides, the Transport

Ministers of 18 states also went through it. I would especially like to thank them.

The Government has accepted almost all the recommendations of the Standing

Committee. Some hon. Members have expressed their concerns with regard to third party insurance. I would like to make it clear in this regard that the upper limit of the compensation amount by the claims tribunal has not been fixed and the entire compensation amount will have to be paid by the insurance companies. To expedite the settlement of cases, a provision of compensation of Rs.5 lakh has been made in the Bill. The victims may accept that amount of compensation, otherwise, they will be free to approach the claims tribunal. This decision has been made with the intention of bringing down the cases. This Bill provides for an accident victim fund which will be used in case of hit-and-run incidents and for providing treatment to the injured during the golden hour. After the constitution of the fund, the Solatium Fund will be merged into this new fund. With regard to aggregators, the states can formulate their own policy as per their requirement. The state governments have full powers in this regard. So far as the question of public transport services is concerned, all the powers have been conferred on the state governments. The hon. Minister of Finance had stated in his speech that the

Government will launch a new scheme for rural transportation. We are commercialising the lithium ion battery. Even normal vehicles will operate through the lithium ion battery. The old diesel buses will be refurbished to make them operational through lithium ion battery. Through it we can bring down ticket rates by upto 50 per cent and pollution will also be reduced through it. A number of hon. Members have presented their views with regard to over loading, lane driving, over speeding and ambulance. This is true that we have not been able to make available ambulances in large numbers even now. It was our endeavour to keep them at a distance of every 50 kms. We have created a 'red zone' where the number of accidents is more. Our first priority is to provide ambulance service to this 'red zone'. We have asked the Sirdi Sai Sansthan to donate us ambulances. We will operate them with their names disclosed on those ambulances. If any NGO comes forward to undertake this work under CSR, we welcome them. We need to provide training with regard to lane driving also. As such, in the 2000 driving training centers across the country, drivers will be given training with regard to manners, etiquettes, system, laws- everything, in an effort to bring about improvement in this regard. We will set up cameras across urban areas to monitor over speeding. Some financial difficulties are coming in this regard. Problem of overloading is everywhere. For this purpose, we are now installing weighing bridges at 38 places on National Highways. We have provided for hefty fines in this regard. We will set up logistic parks to bring down the logistic cost. At present, we have started a number of works with regard to inland waterways and in respect of the Ganges.

My first priority is water transportation, second is railways and the third one is road transportation. We are bringing about a lot of changes in the transportation sector. We have introduced five new technologies in this regard. We are launching Sky Bus. For this purpose, we have floated tenders for a 70 km. stretch between Dhaula Kuan and Manesar. Before that, we are going to start the work on three trial projects within a month.

This House has passed the Bill to launch inland waterways in 111 rivers across the country. 65 river ports on Brahmputra and 40 on the Ganges have been sanctioned. With a loan from the World Bank, we have started work on dredging from Varanasi to Haldia, Haldia to Bay of Bengal and in the river Brahmputra. An agreement has been signed with Bangladesh yesterday only to undertake this work upto to Chittagong of Bangladesh where the river Brahmputra flows. Many hon.

Members have expressed their concern over drunken driving which results in too many road accidents. We have written to the Home Ministry in this regard to amend the IPC to ensure provision of stringent action. I have written a letter to the

Education Ministers of States also requesting them to introduce some good lessons regarding road safety in primary and middle schools. We are trying to spread awareness in this regard through cartoons, advertisements and radio as well. The

Supreme Court has given a verdict with regard to good samaritans. We are trying to bring in its ambit doctors and nurses also to ensure protection to them. We will issue a executive order in this regard. This Bill also provides for action against those making wrong DPR of roads. The functioning of the transport check posts at the borders of the states is also not good. We will not tolerate any type of corruption in the transportation sector at any cost. Corruption will be stamped out after putting in place online governance. We will be able to bring about comprehensive improvement through this Bill in regard to driving licenses and vehicle registrations. This Bill will be helpful in providing simplified and quality services to the citizens. This Bill envisages automation and computerisation. It will pave the way for a wide ranging transformation in rural-urban transportation and the last mile connectivity. The road accident victims will get compensation expeditiously. A committee is being constituted in every district. This committee is being entrusted with the responsibility of road safety with regard to that district.

Wherever there is an accidental spot or black spot in any municipal road, National

Highway, State Highway and city roads rectification and repairing of the same may be ordered to the concerned authority. By the time our Government completes its five year tenure, we will be able to save the lives of at least 50 per cent people. We are constructing 23 km. of road per day. This is a record. However, the day we are able to save the lives of 50 per cent people, that will be our best achievement. This is our mission. The issue of road safety has been taken very seriously by the government. Members are welcome to give suggestions anytime and if we feel that the suggestions are worth implementing then we shall definitely implement them. I would like to assure the judiciary that this government is very much sensitive towards bio-fuel, alternative fuel, minimizing pollution, modifications in automobiles, safety and road engineering sectors but the government need time to make decisions in this regard. Government has to take decision with an integrated approach keeping in view the interests of all the stakeholders. Lastly, government is going to make Euro-6 emission norms mandatory from 1st April, 2020 to curb the pollution. I have a firm belief that this Bill will safeguard the nation's interest and will be helpful in saving the lives of people and it will also bring a major change in this sector.

DR. K. KAMARAJ speaking on the motion to pass the Bill, said: This is regarding the compensation awarded in the case of accidents. I would like to know from the Government, that in case the court awards a higher compensation, as to who will pay the remaining amount, whether the insurance company will pay it or the person who has caused the accident will pay. In cases of the offences warranting such penalties that have not been specified in the Bill, it is unreasonable to impose penalties without knowing the nature of the offences. The Minister said that the Government will issue a notification. But here we are going to give powers of specifying the offences to the Executive. So, I want to clarification from the Minister on this point. Moreover, it is unclear as to who will bear the cost of implementing the safety measures enumerated in Clause 45 of the Bill. Under the provisions pertaining to the certificate of fitness of the vehicle, the income of the

State Government has been taken away and the vehicle owner will have to spend extra money at Automated Testing Station.

SHRI JAYADEV GALLA: The first point is that the Bill proposes to target traffic offenders with stringent penalties. The second point is about creation of the

Motor Vehicle Accident Fund. Under the Act, the Fund is called the Solatium

Fund to pay compensation to hit and run victims. But under the Bill, the

Government is also creating one more Fund called the Motor Vehicle Accident

Fund. So, the point is: what is the necessary for a second Fund when first fund is already there? One other point that I would like to make is regarding the definition of 'road rage' but there is no definition for this in the Bill. It would be good to have a definition for it. My final point is that there are thousands of buses, which are illegally registered with fake addresses and they are given All-India Permit/Tourist

Permit, which is not allowed for sleeper coaches. I would request the Government to please investigate this and cancel the registration and certificates of these illegal vehicles as it is causing huge safety-related issues for the citizens at large.

SHRI DHANANJAY MAHADIK: The road transport plays pivotal role in the Indian economy. The license fees and penalties which have been increased heavily need to be reduced. The amount of the installment of the third party insurance is also required to be brought down. Lakhs of cases are lying pending in various courts on account of the vague definition of the third party insurance and the sufferers in these cases are none other than coolies, cleaners, extra drivers passengers etc. and hence a provision is also required to be made for them. In case of the non-renewal of licenses of the driver, he does not get the benefit of insurance if an accident takes place. In this respect, the provisions are required to be relaxed. The provisions vesting the power of registration of new vehicles in the dealers might be misused. Registration is a constitutional and judicial power and hence it requires to be vested in the government itself. The agreement among states in the inter-state transport such as Maharashtra and Karnataka, Maharashtra and Andhra Pradesh needs not to be tinkered with as it will render 3 lakh transport employees jobless.

SHRI N.K. PREMACHANDRAN: The implication on the impact of the

Bill is to be addressed by the Government and for which I am putting my suggestions. If a driving license is seized by the police authorities, a temporary receipt will be given but the concerned person will not be allowed to use that temporary acknowledge receipt for driving. That is the denial of the Fundamental

Right of a particular citizen of our country. Hence, you should specify the time by which the decision should be taken. The Central Government should provide the infrastructure facilities to the State Government for having Centralized Registering

Authority. More Central funds should be provided to the State Governments for this purpose. The provisions regarding the manufacturing defects in the vehicle and the scientific requirement of a quality helmet required to be looked into.

SHRI M. B. RAJESH: The most contentious issue is that of putting a cap for injured and deceased. The hon. Minister has not properly addressed that issue.

This cap will only serve the interest of insurance companies but not the interest of the common people.

PROF. SAUGATA ROY: Actually, when the hon. Minister originally brought this Motor Vehicles (Amendment) Bill, he wanted to pass it straightway.

But like me, many other hon. Members proposed that it should be sent to the

Standing Committee. Now, the Standing Committee has sent a Report and we have come with a better Bill for which I thank the hon. Minister. The Minister has not mentioned about the Bus Rapid Transit System (BRTS) which operates very well in Indore, Ahmedabad and Curitiba in Brazil. I want a reaction from him on the BRTS system to be operated throughout India.

SHRI NITIN GADKARI: There is no cap on liability. The entire amount is paid by the insurance company. There is no gap. A competent judicial authority can give the decision. It can benefit them. So, no question arises. As far as fees are concerned, the States are competent to reduce it. They can do it. The

Government will take into account all the suggestions given by the members. With these words, the House is requested to pass the Bill unanimously.

The Bill, as amended, was passed.

THE NATIONAL COMMISSION FOR BACKWARD CLASSES (REPEAL)

BILL, 2017

AND

THE CONSTITUTION (ONE HUNDRED AND TWENTY-THIRD

AMENDMENT) BILL, 2017 - Contd.

SHRI HUKMDEO NARAYAN YADAV continuing said: I would like to clarify all the questions being raised today about reservation in the country. The entire nation and the House should brood over how to eliminate the caste system in

India as this is causing caste conflict. This caste conflict can be resolved only by providing equal opportunity to all. But equal opportunity stands to mean providing equal opportunity in all the walks of life. The social revolution can take place in

India the day when the son of a Collector and a Peon starts studying in the same school. I would like to thank the hon. Prime Minister for working towards this direction. If the people from the marginalized section of the society get all the rights and equal opportunities then they can stand up equal to anybody else. Equal opportunity will be meaningful only when equal facilities are made available.

Lohia ji rightly said that special opportunity is required, not reservation. The eligibility starts automatically evolving with the time the opportunity is provided.

This can easily be understood that no one can learn how to swim without getting an opportunity to walk into the pond. At last, I would like to salute all great personalities like Swami Dayanand Saraswati, Vivekananda, Raja Ram Mohan

Roy who contributed towards the social revolution. Lastly, the hon. Prime

Minister has done a lot for Dr. Ambedkar. I request him to construct a huge memorial of Lohiaji in Delhi. Crores of backwards in India would be grateful to him.

SHRI K.N. RAMACHANDRAN: At the outset, I would say that this is a remarkable Bill. Amma has been a symbol of empowerment of socially, economically weaker sections in Tamil Nadu. In order to safeguard the interests of the socially, educationally backward classes more effectively, it is proposed to create a National Commission for Backward Classes with constitutional status at par with the National Commission for Scheduled Castes and the National

Commission for Scheduled Tribes. The Commission has powers to examine requests for inclusion of any community in the list of backward classes and hear complaints of over-inclusion or under-inclusion, following which it would advise the Union Government. The reservation for SC,ST, BC and MBC has now reached the level of 69 per cent. This achievement has been made only by our

Amma. The issue of social justice has been an integral part of the Dravidian

Movement. The Self-Respect Movement was founded in 1925 by E.V. Ramasamy and was extremely influential not only in Tamil Nadu, but also in Malaysia and

Singapore. Dr. C.N. Annadurai, the mentor of Dr. Puratchi Thalaivar MGR believed that through winning elections social justice could be upheld. In the Special Session of Tamil Nadu Legislative Assembly held on 9th November, 1993, it had been unanimously resolved to call upon the Central Government to take steps immediately to bring a suitable amendment to the Constitution of India to enable the Government of Tamil Nadu to continue its policy of 69 per cent reservation. While appointing the Chairperson and other members to the NCBC, region-wise representation and chances should be provided and at least one member of the Commission should be a woman. The State may by law include or exclude from the State List of socially and educationally backward classes specified in a notification issued under clause (3) any socially and educationally backward class, provided that the aforesaid notification issued under the said clause, shall not be varied by any subsequent notification.

SHRI KALYAN BANERJEE: Let us be very frank to appreciate reservation and making a Commission for the OBCs, SCs, STs, etc. Whatever Dr.

Ambedkar had said in this regard is the first and final thing in our country and we accept that. I am not opposing clauses 1,2 and 3. But I am opposing clause 4, that is insertion of new article 342A. By way of this Constitutional Amendment,

Central Government wants to take away the power of the State Governments.

Under article 141 of the Constitution of India, the power of enacting the law in identifying the backward classes has been entrusted by the Supreme Court to the

State Governments. This power has been given by the Supreme Court to the States and not to the Union of India. Identification is to be made by the State Government; identification would not be done by the Central Government. Who knows in my state which are the backward classes? Article 16(4) empowers the

State Government to make reservation for other backward classes. Under the veil of a Constitution Amendment, they are hitting the federal structure of the

Constitution. Nobody is having a right to hit the basic structure of the

Constitution. I may point out to you as to what the Government is trying to bring under Article 342(a). The President may with respect to any State or Union

Territory and where it is State after consultation with the Governor. Consultation may mean that I will talk to you over telephone and you may or may not agree.

The word 'consultation' here has no meaning. Why should the State Governments have to depend upon the whims of the Central Government? By bringing this

Constitutional amendment they are hitting the federal structure of the Constitution.

SHRI BHARTRUHARI MAHTAB: I stand here to oppose this Bill, not because this Bill goes against the Reservation Policy but because, as I had said the other day, this goes against the federal character of our Constitution. Certain powers have been given to respective states to formulate a law and Indira

Sawhney's case is one of the glaring example as to how states have to formulate a law. The Governments says that it is not taking away any powers of the State. But still I think that the Government should reconsider. This Bill looks very innocuous and I felt very much delighted because for the last 20-25 years there is no

Constitutional validity relating to this provision. The provision can only be tackled and can only be made of reconsideration and deletion by the Parliament. In the case of backward classes, the Mandal Commission was created. The Constitutional

Status was given to the Commission for Scheduled Castes in 1990 and

Commission for Scheduled Tribes in 2003. Since then around 24-25 years have passed but the NCBC has not got Constitutional status. In the case of Indira

Sawhney verses Union of India, the Supreme Court in 1992 found that it was not valid to identify a group by any criteria like occupation, social, educational or economic situation. However, it noted that social and educationally backward class under article 340 had to be construed in a limited sense. However, this provision empowers the Government to make reservations in appointments in favour of any backward class of citizens. Therefore, our party is not against reservation per se. It is necessary that the Constitution should empower the

Parliament that any deletion or addition should be done here in Parliament. But I have a difference because clause 4 of the Bill is really misleading and is creating confusion. It would further create confusion in future once it becomes an act. We may have difference on this count. Consultation means 'due consideration'. Please put the word recommendation in lieu of the word consultation. Recommendation of the State Government will be duly considered. But is there any role of the State

Government in identifying this and recommending it? It has no role. The Moment this Bill is passed in Parliament, what will happen to those castes which are not in the Union List? This is the point of concern. Once this Bill becomes an Act, it will be very difficult to include other castes agitating in different states in the country. But these agitations will get more aggravated. Therefore, my plea to you is not to play with fire. Allow the State Governments to decide. The Government should keep itself confined to the reservation of the Union.

SHRI RAM MOHAN NAIDU KINJARAPU: Ever since the formation of the NCBC in 1992, this demand has been there. I would like to say that it needs to be clarified by the Cabinet Minister of Social Justice and Empowerment regarding the right of the State to determine the OBC status of a particular community or a class. It is because if you consider the State of Andhra Pradesh, there are 139 castes which come under the Backward list of the States, but which are not completely recognized by the Central Government itself under the OBC list. When the State Government requests the Central Government to help in this great cause of providing education to the Backward Classes, out of these Rs.2,000 crore, they provided only Rs.34 crore which is very meager. 27 per cent reservation has been recommended for the OBCs by the Mandal Commission. But even today, the

Central Government organizations accommodate only 12 per cent in various states.

So, there has been a lot of injustice in fulfilling that 27 per cent which has been recommended by the Mandal Commission. There are a lot of other hindrances in achieving 27 per cent reservation. Therefore, the ceiling limit of creamy layer should be increased. More and more fund should be granted to the NCBC. The

Centre has to look into further classification of OBCs into different categories. The Centre needs to support the States, which are coming up with good schemes, to help the BCs also.

DR. BOORA NARSAIAH GOUD: I rise to support this Bill whole- heartedly. I think, it is a perfect tribute through this Parliament, to great men like

Phuleji. The National Commission for Backward Classes was constituted in

August, 1993 yet it did not have Constitutional status. It did not have to involve any financial implications. But if there is a grievance, non-implementation, etc. one has to go to the national Commission for Scheduled Castes. Only 125 complaints were entertained. It is because the SC had already got a lot of complaint with the NCSC. Due to provision of 'creamy layer', only 11 per cent

OBCs are able to take the benefit of this reservation. Therefore, I urge upon the hon. Minister to delete the word 'creamy layer' till 27 per cent OBCs take the benefit of this reservation. I urge the Government to constitute the OBC Ministry, bring out socio-economic caste census and increase the budget. I would also like to request the Government to establish the Phule Institute or the Phule Foundation on a par with the Ambedkar Foundation; declare holiday on Phule Jayanti; and give all the tributes to this great man who was an inspiration to Dr. Ambedkar himself.

SHRI P. KARUNAKARAN: Certain communities in the country were suffering from extreme social, educational and economic backwardness. Giving the Constitutional status to the OBC Commission is a welcome step. The

Government should ensure that posts of Chairman, Vice-Chairman and the Members of such commissions do not remain vacant. We give reservation to a caste in one State but we are not giving reservation to this same caste in other state.

Every state has its own mechanism to decide the category of castes. Now, according to this Bill, the rights of the states for inclusion or exclusion from SC to

OBC or from OBC to ST are being taken away by the Centre. It is a herculean task to get a caste includes in or excluded from the list of SC, ST or OBC. The rights of the states are taken away. It is really the question or the basic principle of the federal set up. On that issue, I appeal the Government that the clause has to be taken away and there should be clarity on this issue.

SHRIMATI BUTTA RENUKA: It is commendable that this Government has seriously taken up the long pending demand for a Constitutional body for the

OBCs. The proposed body is expected to take care of the grievance of the backward classes. The new Commission should be given powers to examine requests for inclusion of any community in the list of backward classes and also hear complaints of over inclusion and under inclusion. Several states are facing demands and agitations demanding inclusion of various castes in the list of

Backward Classes. The Commission may adopt a scientific and rational approach for inclusion and exclusion of any caste. The Government should engage all the political parties and other sections of the society on the issue of creamy layer and arrive at a rational decision. We must encourage trade and industry so that more jobs can be created. I am sure with so many initiatives being taken by the Government the economic development is on the right path and will result in employment creation. I request the Government to consider introduction of reservation for backward classes in private sector. There are various schemes for the backward classes but the implementation of these schemes is not proper and effective. I request the Government to entrust evaluation and implementation of these schemes to the proposed commission. The proposed body should have greater transparency and it should focus on the holistic development and advancement of each community within the backward classes. The Commission shall take up categorization of backward classes into 'backward', 'more backward',

'most backward' and 'extremely backward' castes with sub-quota so as to spread the benefits of reservation and other social justice measures equitably.

SHRI GANESH SINGH: It was long awaited that this socially and educationally backward section of the society will get justice after this constitutional amendment. The National Commission for Backward Classes was constituted on 14th August, 1993 but it did not enjoy constitutional status whereas other Commissions enjoyed. Now this Commission will enjoy constitutional status. It is being alleged that rights of the states are being taken away. This is not correct. The states will continue enjoying their rights as earlier. OBCs have not got social justice till now. They constitute 52 per cent of the population. A socio- economic survey was conducted in the year 2011 in which details of all castes were reflected except OBCs. OBC constitutes of the artisans doing petty jobs. I thank the Government and welcome this historical Bill.

SHRI DHARMENDRA YADAV: We all know that the Mandal

Commission had recommended 27 per cent reservation but this target is far from achieved. We are at only 12 per cent till now. We had also demanded in this very

House that this Commission should be given constitutional status. It is apprehended that the Government is trying to exclude certain castes and include new castes in the list of OBCs. If the Government plans to include some other castes, the reservation quota should be increased proportionately from 27 per cent then we will have no objection. The Government of India should not enact any law without taking the state governments into confidence as ours is a federal structure. The report of caste-based census has not been published till now. The

OBCs of the country are keenly waiting for this report. The backward classes of the country are facing injustice mainly because of the provision of creamy layer. I want that the limit of creamy layer should be done away with and backlog of recruitment should be cleared.

*SHRI SHER SINGH GHUBAYA:

SHRI JAI PRAKASH NARAYAN YADAV: The Government should publish the report of case-based census. The Government should not fiddle with the list of OBCs. The powers of state governments are being taken away and this

* Please see Supplement Bill is likely to prove very dangerous. I have proposed three amendments to this

Bill which should be accepted in toto otherwise this Bill will prove very dangerous for the backward sections of the society. The Government is trying to exclude certain castes from the list. If the Government includes certain castes in the list of

OBCs by excluding some existing ones in the name of according constitutional status to the Commission, it will not be tolerated.

THE MINISTER OF STATE IN THE MINISTRY OF HUMAN

RESOURCE DEVELOPMENT (SHRI UPENDRA KUSHWAHA): I, on behalf of my party, thank the hon. Prime Minister and the hon. Minister for according constitutional status to OBC Commission. If possible, the provision of creamy layer should be done away with completely otherwise the limit of Rs.6 lakh should be enhanced. Number of castes in the list of OBCs is increasing but the quota is intact at 27 per cent. This quota of 27 per cent should be enhanced.

OBCs don't have any representation in judiciary. They should be given representation there. The media which is known as the fourth estate has been growing its role all the time. OBCs do not have any representation there.

Therefore, there is a need to ensure the representation of OBC people there also.

Today the number of jobs are increasing in private sector. OBCs should find representation there also. The report of socio-economic census should be made public. SHRI SIRAJUDDIN AJMAL: My Party supports this Bill for National

Commission for Backward Classes. AIUDF strongly recommends and requests the government to upgrade the status of the National Commission for minorities to a constitutional body from a statutory body.

SHRI KAUSHALENDRA KUMAR: There is a need either for abolition of or raising of the ceiling in respect of creamy layer. The country has been witnessing agitation form Patel and Jat communities. I would request the government for extending the present limit of 27 per cent reservation for OBCs and including the agitating communities in the OBC list. The OBC backlog should be filled. OBC reservation should be provided in private sector also.

SHRI PREM DAS RAI: The Creamy Layer issue is a very important one and that is something which this particular Bill has not addressed. Therefore, we insist that somehow this cap on Creamy Layer should be raised from Rs. Six lakh to Rs. 10 lakh or Rs. 15 lakh. The hon. Minister must answer the question as to what happens to the State Commissions and what would be the powers of the State

Commissions in future. The way there is a rise in the number of backward classes in this country, this 27 per cent reservation needs to be looked at and raised in future.

SHRI ASADUDDIN OWAISI: I would like to know whether this government would consider the Muslim community as socially and educationally backward, not on the basis of religion, but on the basis of empirical data given by the Government of India itself. The second issue I would like to raise is that there are two communities named Suljapuri and Kohliya in Seemanchal of Bihar. The population of these communities is 25 lakhs. I would like to know whether these communities will be included in the list of OBCs. There is a urgent need to evolve such a mechanism under the proposed commission through which it could be decided whether the communities making reasonable advancement would continue to remain included in the list of OBCs or will they be excluded from it. There is a need for granting the status of constitutional body to the National Commission for

Backward Classes, National Commission for Women, National Commission for

Protection of Children right and the National Human Rights Commission.

THE MINISTER OF STATE IN THE MINISTRY OF HEALTH AND

FAMILY WELFARE (SHRIMATI ANUPRIYA PATEL): The demand for granting constitutional status to the National Commission for Backward Classes has been raised for the last 25 years. However, it is really unfortunate that despite so many successive governments coming to power during this period no one showed any promptness in finding out a permanent solution to the problem of backward classes of the country. This government has paid heed and understood the pain of backward classes and it is by taking cognizance of this long pending demand the government has taken this step of providing the constitutional status to the National Commission for Backward Classes. The entire House should cooperate in passing this Bill because this is an historical act which will go a long way in shaping the destiny of these backward classes in India. In response to the issue of usurping the rights of the states is concerned. I would like to say that this change being brought by our government is targeted at making the Parliament supreme. The steps being taken by our government are meant to bring more transparency. Better decisions in the interest of the country will be taken on the platform of this august House. The inclusion or exclusion of any caste will not be dependent on the whim and fancies of an individual, rather such decisions would be taken on the basis of objective data and scrutiny of the Parliament. I would also like to request the government that the demands of OBC community related to the subjects like setting up of a separate ministry for OBCs, raising the ceiling of creamy layer, releasing the data of caste census and ensuring the participation of

OBCs from the President's Secretariat to Judiciary should be met.

SHRI MULLAPPALLY RAMACHANDRAN: I understand that the

Caste Census has been submitted to the Government but unfortunately it has not been released. I would request the Government to release the Caste Census at the earliest. My appeal to the Government is that it should take stringent action against those erring officials who take little or no interest in ensuring that vacancies reserved for OBC are duly filled. After setting up of this Commission, the power of the States is intended to be withdrawn in respect of inclusion of castes in the Backward Class List. My considered view is that the consent of the States is to be taken on this vital issue. There is an imperative need to include at least one lady Member on the Commission. Reservation must be made for OBCs to the higher judiciary as also to higher positions in the PSUs. The Government should stipulate a time frame for filling in the vacancies reserved for OBCs in various departments and undertakings. A time frame is to be fixed for filling vacancies in the Commission arising due to reasons like retirement, death, etc.

* DR. PRITAM GOPINATH MUNDE:

SHRI N.K. PREMACHANDRAN: Providing constitutional status to the

National Commission for Backward Classes is the need of the hour. Every State is having a Commission for the Backward Classes. Now who is a backward class is being determined by the State. So, I would like to urge upon the Government that the consent of the State should be taken in order to determine a particular society or a particular class as backward class. There are also economically backward people among the forward castes. But only because of the reason that they belong to the forward castes, they are being denied of all the privileges. The people who are economically backward but belong to forward classes of the society should also be provided with some privileges so as to have the better living standard in our country. The Socio-Economic and Caste Census should be published.

* Please see Supplement ** ** ** **

ANOOP MISHRA Secretary General

** Supplement covering rest of the proceedings is being issued separately. © 2017 BY LOK SABHA SECRETARIAT NOTE: It is the verbatim Debates of the Lok Sabha and not the Synopsis that should be considered authoritative.

English and Hindi versions of Synopsis of Debates are also available at http://loksabha.nic.in.