Thurday, 28th February, 1952

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PARLIAMENTARY DEBATES

(Part I-Questions and Answers)

OFFICIAL REPORT

VOLUMB I, 1962

(8th Pebruary to 15th March, 1962)

Fifth Session of

~ PARLIAMENT OF INDIA

1962 CO~S V DhmNI--PraM 6,h PIImI4ry tD S,h March, 1952

"Wednesday, 6th Pebruary, 19Sz- Members Sworn " " Oral Answers to Questionl Written ADlwerl to Questions 'F~, 8th February,19SZ- Oral Anlwers to Questions Written Anlwers to QuestioDl

:M~y;'l'lth February. !9IZ- Oral Answers to QuesdODl • Written Answers to Questiooa ·,...L't2th February, 195Z- Oral Answers to QuestiODl Written Answers to Questions • ~~, 13tA February, 1953- Oral Answers to Questionl • Written ADlwers to Questiooa • ,I'buI'ad\ly, 14th Februry, 195Z- Oral Answers to Questions Written Answers to Questions -Priday. 15th February, 1952- Oral Answers to Queltiona Written Anawers to Questions 'Monday, 18th February, 1952-

Oral Answers to Questiooa 147-158 Written Anawen to QueadoDl 158-160 "Tuesday. 19th February. I95z- Oral Answc:ra to Question. 161-186 Written ADswen to QuatiODl r86-!88 'Wednesday, 30th February, JSlS3- Oral ADlwen to Queadoaa Written ADswen to Queadoaa

"Thunday. 2I1t February, !95Z- Oral ADswen to Queidons Written Anawera to QuadoJle • .Friday, alad February, ISlS3-

Oral ADaWUI to ~ooa •

WritteD ADIwcn to Quadpai " MoDdaJ. 25th PebnIary. I~- Oral AD8wc:ra to QueatloDI • Written Aaawen to Quca" ( II ) I: Col"""" Tuaday, 26th Febnwy. I9Sa- Oral ADawen to Quations 333-360- WrittcD Aalwen to QuatloDa · 360- Wednesday, 27th February, I9Sa- I Oral ADawen to Questions 361-388- WrittcD Anlwen to Questions · 388-394 Thunday, 28th February, 195a- Onl AnIWCn to Queltions. 395-42..... Written ADawen to Questions 424 Monday, 3M March, 195a- Onl Answen to Questioos • 4Z5-455- Written Answen to Questions • 455-458 ~y, 4th .March, I95a- Oral ADIwen to Questions 459-490- Written Aoswen to Questions 4~98 'WcdDeaclay, 5th March, 195a- Onl Answen to Questions 499-52J- Written Answers to Questions · ,Z'-53Z- THE PARLIAMENTARY DEBATES (Part I-Questions and Answers) OFFICIAL REPORT = 398 398

(c) and (d). Survey and settlement PARLIAMENT OF INDIA operations have been taken up in Thursday, 28th February, 1952 Nakhatrana and Mundra Taluqs of Kutch, the areas of which are 4,53,120 and 2,53,440 acres respectively. Settle- The HouBe met at Half Past Nine ment operations are in progre$s in of the Clock. surveyed villages and surveys are pro- ceeding in unsurveyed villages; the [Mft. SPEAKER in the Chair] rates proposed ., by the Settlement Offlcer are' under the consideratio:l of ORAL' ANSWERS TO QUESTIONS the Chief Commissioner. I regret I am unable at this stage to give any ~tL­ LAND REVENUE SETTLEMENT ACT mates of land revenue as the Settle- ·261. Prof. 'K. T. Shah: Will the ments are still incomplete, Minister of States be pleased to state: (e) and (f). Bhagbatai (crop shar- ing) system will be aboUshed as soon (a) whether the Land Revenue as settlements come into force, In the Settlement Act of Bombay has .been meanwhile. it has been decided to con- applied to the State of Kutch. and if vert the crop share into ad hoc cash so, from what date it has been put assessment. into effect; " Prof. It. T. Shah: May I ask what (b) whether the necessary preli- was the exact title of the Act under minary processes of Survey and Settle- which this system was extended to ment have been commenced and Kutch? . carried out: . (c) if so, in what parts of the State Shri Gopalaswaml: There is an Act of Kutch, covering what area, and for it and I cannot ,ive the exacl title yielding, as estimated, how much land of It under which we were enabled to revenue; extend Acts on simUar subjects in other Part A states to Part eState.. (d) how the amount of yield, as estimated up.ta-date, compares with Prof. It. T. Shah: Is it by this ParUa- the correspondilliC yield under the ment that it was extended? previous relime in that State: Shrl GopaJaswaml: Yes. (e) whether all the dues of the State, or the local landowners. under Prof. It. T. Shah: As regards the the previous Bha,(batai system have rates, ,may I inquire whether they been abolished or whether any are would be on the same lines as that In still in operation: and Bombay? (f) if any be in operation st111, what Mr. Speaker: He refers to the rate. is the yield from such incidental dues of assessment. to the State, and to other landowners Sbrf Gopalaswaml: Yes. The' rate. under the new regime, from the year are determined under the Art, I take 1949-50 to the end of 1951? it. The Act is extended and when it is The Minister of States, Transport extended under the provIsions of the and Railways (Shri Gopalaswami): Act, these rates will be determined. (a) Yes, the Bombay Land Revenue Prof. K. T. Shah:] do not quite Code was extended to Kutch with understand the n,ebll!ng of the dat.:- effect from the 10th May 1950. ment that the rate~ are under the con- (b) Survey and Settlement opera- sideration of the Chief Commissioner. tions hkve been sanctioned for the 141 Shrl Gopalaswami: The rates have khalsa villages and are in progress. been proposed by the Settlement 413 PSD. / 117 28 FEBRUARY 19&2

OfBcer and they are bein, examined (c) What Is the total number of and are under the consideration of the employees receiving their pensions Chief Commissioner before final orders upto date? . Issue. . (d) What is the number ot em- Prof. K. T. Shah: May I inquir~ ployees who have not yet received whether these settlement operations any pensions for the last three years? extend both to what was originally • Khalsa or the domain of the State pro- (e) What Is the number of those per under the then ruler or also to the who died without receiving pensioD lagi7'daTB who hold land from time from among those who were pension- immemorial? ed off? • (f~ Did their families ·receive any Shrl Gopalaswaml: At present penSlon .money due to pensioners? certainly. As I have said in answe~ to part (b) of the question survey of (g) What is the number of em- settlement operations have been sanc- ployees drawing less than Rs. 10/- tioned for only the Khalsa villages And less than Rs. 15/- as pension ~ and they are in progress. The Minister of States, Transport Prof. K. T. Shah: But they are in- and Railways (Sbri Gopalaswami) : tended to be extended to the other (a) 759 during the period from June lands also, I presume? . 1948 to March 1950 including those who got other than pensionary' benefits. Shrl Gopalaswaml: They will be in due course. (b) The Central Government Rules have been applied though. till these Prof. K. T. Shah: If so, the same rules could be applied, some cases were polley will be followed? dealt with under the old rules of the Kutch State on a provisional basis. Sbrl Gopalasw&IBl: I think so. Persons who had attained the age of Prof. K. T. Shah: Then, may I ask 55 were retired in accordance with the whether any compensation is ,Iven to age of superannuation fixed under the those jagirdars whose lands have been Central Rules. Some others were found surplus to the requiren'le.lts of the thus taken over? State as several departments main- Shrl Gop.Iuwaqd: Tl:!.e question of tained by His Higbness the Maharao compensation has not yet been taken were no longer required. A few others up because these operations have not were found unsuitable in the new con- yet been extended to those areas. ditions. All these persons were given retrenchment benefits. Prof. K. T. Shah: May I take it tbat the question of compensation is not (c) 332 out of those who retired finally disposed of and denfed? after Kutch became a Centrally Administered State. Shri Gopalaswami: I do not think that any final orders have issued. (d) 15. Prof. K. T. Shah: May I know (e) 6. whether thl;! areas that he mentioned (f) The amounts due to the 6 per- In respect of the taluqs in which the sons mentioned in ,(e) will be paid settlement operations are going on in- to their heirs. Their claims are un6er clude also cultural waste or only investigation. . cultivated lands? (g) 142 and 79. Shrl Gopalaswami: Survey and settlement must relate to the whole area. If a land is uncultivated the Pos'rs RESERVED FOR ANGLO-INDIANS rates will be fixed when it comes to (POST AND TELEGRAPH DEPARTMENT) be cultivated and the rates will be *264. Shri Massey: Will the Minis- recovered. ter of Communfcatlons be Dleased to KUTCH STA'l:E EMPLOYEES state: ·262. Shrl Dholakia: (a) Will the (a) the number of Dosts reserved Minister of States be pleased to state for Anglo-Indians in each vear from how many Kutch State employees 1946 up to date in the Post and Tele- were Densioned off within two years graph Department; after the transfer of pow~r? (b) the number of Dosts filled by (b) What rules werc made Rppli- Anglo-Indians each year; cable to them when those employees were relieved on Densions and what (c) the number of Anglo-Indians criterion was adopted for pensioning holding class 1 posts each year tram them off? 1946 up to date; , ••9 28 naRtJAIlY 1982

.(d) the number of Anllo-Indlans a fact that we expected that the Mayur- holdinl class II posts each year from bhanj Telephone system would be 1946 ~todatej ,iven over by the Government of Orissa to the Government of India, but (e) the total number of Anelo- the Government of Orissa wanted Indians in service each vear from certain facilities which they were el)P 1946 up to date; jOyin, under the old system to continue and at present nelotiations (f) the highest post held by an are going on for the handing over of Anglo-Indian in each year from 1946 this system to us,subject tt· certaiij up to date; conditions and privileges to the Orisq (,) the number of Anllo-Indl~s Government. who haye applied for appointment; and Shri M. Nalk: Is there any compen· sation contemplated to be paid to the (h) the number rejected? Orissa Government? The Deputy Minister of CommUDi- Shri Raj Bahadur: This has not been eations (Sbrl Raj Babadur): (a) to the rule so far. (e), (g) and (h). It is considered that the ~penses and labour involved in Sbrl Jaanl Ram: What are the facil1. collecting the information asked for ties which the Orissa Government by the hon. Member will not be com- demand? mensurate with its usefulness. Shrl Raj Bahadur: They do not want (f) 1946: Postmaster-General any better type of service than exists at present. They want that they should 1947: -do- be allowed special rates and the 1948: -do- negotiations are loin, on and we are 1949: Director, Postal Services waiting for their final reply. '1950: -do- NAVALAKHI-KANDLA FERRY' SERVICE 1951: Dir~ctor, Telegraph Traffte ·266. Sbr. Dbolakla: Will the Minis- 1952: Chief Superintendent, ter of States be pleased to state: Telegraphs. (a) whether the Ferry service run TELEPHONE SYSTEM IN MAYVRBRANJ between Navalakhi and Kandla is the monopoly of a comDany; ·265. Sbri M. Na1k: (a) Will the Minister of CommUDieatlons be pleas- (b) wh<'!!her Government are aware ed to state whether the proposal to of the difficulties the Dasse~ers bave take over the Telephone System in to undergo thereby; the District of MaYl.1rbhani in Orissa (c) wllether it. is a fact that Gov- by the Centre has been implem~nted? ernment are considerini to end the monopoly; and

,olng to be revIsed as I have stated, Shrl Banthaaam: The restoration of by 'the Central Board of Transport In that line depends upon the construc- tbe Upt of the existing conditions and tion of a diversion through Kakanada. finance. This matter has not yet been settled and so it is kept pending a decision Sbrl M. Nalk: The Minister stated on this matter. that out of the 26 dismantled lines, only two lines have so far been FERTILIZ!;R DEAL restored. May I know how long it will *2'72. Shrl Kamatb: Will the Min- take them to have them all restored? ister of Food aDd Agriculture be plea- Shrl SaDthaaam: Eight lines are sed to state: being taken up for restoration in 1951· (a) whether Mr. Ra~adhyaksba, . 52. Three more will be taken up In who held the judicial inquiry into the 1952-53 and one in 1953-54 this is the submitted b1s programme till 1953-54. And others Fertilizer Deal. has will be taken up if considered desiy.. report; able after the restoration of these lines (b) if so, what are his ftndin.l(s and ts completed. conclusions; and . Shrl KarUDakara MeDOD: May I (c) whether a CODY of the report know which are the lines awaiting will be laid on the Table of the House? restoration and which will be taken up for restoration in 1952-53? Tbe Deputy Minister for. Food .... Agriculture (Sbrl Thlrumala Rao): Shrl SanibaDam: As I said for 1951- (a) Yes. S2 eight lines have been taken up. They may not be completed by March (b) and (c). There is a civil case 1952 and they may therefore have to going ·on at present and I regret be completed in 1953. The Shoranur- therefore that it is not. possible for me Nilambur line in which the hOll. Mem- to make the lieport or its ftnding_ ber is interested has been taken up in public at present. . 1951-52 and will be completed in 1952- 53. Shrl Kamath: So far as the a,ree- ment or contract entered into by our Babu Ramnarayan Singh: There are High Commissioner in U.K. ·with the three or four lines such as the Patna- firm is con~erned, did it 1)1' did it n.)t Ranchi and Hazaribagh-Deogar lines contain the usual penalty clause and from North Bihar up to Nagpur which if not. was that the reason why were proposed. What is the stage in Government could not proceed against which these proposals or_constructions the firm for non-fulfilment of the now are? contract? Mr. Speaker: Were those dismantled Shri Thirumala Rao: I said the con- lines? tents of the Report cannot be made public and my hon.· friend wants to Babu Ramoarayan Singh: No. ferret out some Information by supple- Mr. Speaker: The question. I believe, mentary questions. Is about clisrmmtled lines and not one Shrl Kamath: I am sorry the hOD. relating to the general programme. It Minister should say I am trying to is, I believe restricted to the dismantled ferret out information. I am not ask- lines. ing for information· about the Report, Babu Kamnarayao Slnch: The ques- but something which is a matter of tion relates to newly proposed lines. fact. Mr. Speaker: I think it Is outside Mr. Speaker: The chief point seema the scope of the present question. to be that the matter is sub-judice. Maulvl Wajed AU: Among the dis- Shrl Kamath.: Yes. the matter of the mantled lines what line in Assam is enquIry may be. but the agreement It proposed to restore within the next was signed by the Government a 10118 three years' period? time ago. Mr. Speaker: Is it any use going into Mr. Speaker: But he says some 1e,al these individual lines? He has ,iven proceedings are going on. the House the programme and hon. Members can refcl' to it. Sllri Kamath: But my question Is whether the agreement entered Into Shri P. Kodauda Kamiah: Is it pro- by our High Commissioner with the poscd to restt)re thc Kakanada-Koti- BritTsh firm did not have the usual 1)alli line in the Ncrth-East M.S.M. penalty clause and so the Government Une which was dismantled durin, the could not proceed against the flrm for laat war? Donfulfllment of the contract. f\ Ora! An.toer. 28 FEBRUARY 1952 Ora! A nltDe1"a 41 .....

Mr. Speaker: Will it not be part of for this programme and it is anti- the judicial proceedings proposed? cipated that a total of 179 vehicles will be made available to the Government Shri Kama&h: Not whether the con- of India in (~ourse of time. The average tract did or did not contain the penalty cost of a vehicle is $2,300. clause. (c) The general principle governing Shri Thirumala Bao: All these the distribution of the vehicles is that matters arc dealt with in the Report 3 vehicles will be supplied to a group and the matter is brought before a of two teams, each team consisting of court and it is sub-;udice._ 6 technicians and others, employed in B.C.G. vaccination in the various Mr. Speaker: The han. Member does States. 150 vehicles will thus be distri- not want a judicial ftnding. What he buted to 100 technician teams expected wants is a question of fact, whether to be functioning in the various States the contract produced did or did not by the end of 1953. 10 vehicles will be contain a penalty clause? in the use of W.H.O./UNICD' super- Shrl Thlrumala Rao: I would require visory staft in India and the remaining noUce, for I have to go through the 19 vehicles will be required to replace whole Report. the unserviceable ones~ A statement showing the djstrfbution of the Shrl Kamath: May I know when this 79 vehicles already received is placed Report was submitted to Government? on the Table of the House. [See Appendix II, annexure No.8.] Shrl Thlrumala Rao: Sometime in January of this year. Shrl Jnani Ram: May 1 know if these vehicles will be exclusively used as Shrl Kamath: Is the fact that a case mobile units for working in the rural is pending now the only reason for not areas? -publishing the Report or are there other reasons as well? Rajkamari Amrit Kaar: Well, a great deal of the work will, of course, be in Shrl Thlrumala. Rao: So many rural areas but that does not ban them matters are dealt with in the Report from being utilised in urban areas which form the SUbject-matter of the also. suit. SUGAR-CANE PRODUCTICN Shrl Kamath: But is that the only *274. Shri B. K. D~: Will the Min- reason or are there other reasons? ister of Food an(1 Agriculture be Shrl Thlrumala Rao: We may get pleased to state: into action for contempt of court if (a) the total diversion of land from we make anything public. food crops to sugar-cane in the year Mr. Speaker: That seems to be the 1951-5Z; principal reason. (b) the total additional acreage brought under sugar-cane CUltivation W. H. O. (VEHICLES) during the year 1951-52; and (c) the total additional production *27S. Shri Joani Ram: Will the Min- of sugar-cane during the year 1951-52? later of Health be pleased to state: The Deputy Minister lor Food and (a) whether the Government of In- Agriculture (Sbri Tblrumala' Rao): dia have received a number of vehi- (a) There was no planned diversion. cles for use in B.C.G. vaccination from On the basis of latest information, the U.N.I.C.E.F.; however, the total area under sugar- cane has gone up by 400,000 acres. (b) if so, the number and cost of the same; and It is not yet possible to say how much of the actual increase in area. (c) the places whe:re they will be under sugarcane is from food crops used? and how much from cash crops or The Minister of Healtb and Com- fallows or from double cropping and munications (Rajkumari Amrit Kaur): inter-cropping. (a) and (b). In connection. with the (b) Final estimates of acreage and B.C.G. vaccination campaign in India, production of sugarcane for 1951-52 the "International Tuberculosis Cam- are not yet available. paign" , consisting of UNICEF and certain Scandinavian Voluntary Organi- (c) According to latest available· ..tions, which assisted in the campaign estimates the total area under sugar- prior to the 1st July, 1951, supplied cane has increased by 400,000 acres 41 vehicles. In addition to these, and production by 174,000 tons (m, CNICEF have now obtained 38 vehicles terms of raw sugar), meaning gur etc. '411 07'al Answe,.s 28 FEBRUARY 1952 07'al An.we,.. 41t

Shrl B. K. Das: Has there been any RATIONING plan for intensive cultivation of sugar- cane ,last year? *2'75. Sbri lyyunDi: Will the Min- ister of Food and Artl(~uJture he pleas- 'Shrl '1'h1rumala Rao: Yes. It has ed to state: been the purpose of the Indian Central (a) the quantity of ration given in Sugarcane Committee and the various rice in the States of Travancore- State Governments to increase the Coddn. Madras. Bombay, Bihar and total output per acre of sugarcane so Uttar Pradesh; that diversion to sugarcane from food- (b) the quantity of ration given ia crops will· be minimised. wheat in the above States; and Shrl B. K. Das: Was there any (c) the quantity ot ration given in special -expenditure incurred for that other food grains in the above States purpose by the Central Government? in the year 1951-52? Shrl Thirumala Bao: The Central The Deputy Minister lor Food anet Government has got a number of Arrlcalture (Shrt Thlrumala Rao): schemes the cost of which is shared (a) to (c). A statement ,iving the on a basis of 50-50 with the States. information is placed on the Table Shrl Sarangdhar Das: Has there been the House. [See Appendix II, annexureo' any appreciable increase in tonnage of No.9.] sugarcane produced per acre during the last three or four years? Shrl Iyyunnl: May I know what is the reason for having only a nlna-ounce Shri Thlrumala Rao: Yes. In certain basic scale for Travancore-Cochin parts of the country there has been whereas all the other States have got an appreciable increase. For instance, 12 ounce scales? in the Deccan area and the Madras area the average has gone up appreci- Shrl Thirumala Rao: The other ably. States are prepared to take a mixed-, Shri Sarangdhar Das: How about composite ration like rice, wheat and ? That is. Bihar and Uttar milo but Travancore-Cpchin insists OD Pradesh? the whole ration being rice which fa not within the practical means ot the Shri Thirumala Rao: Bihar and Central Government to supply. Uttar Pradesh are making the best efforts but they have not registered ShrJ Iyyunni: May I know whether any fair amount of increase in the the maximum rice content of the output per acre. ration is fixed at 5 or 6 ounces here Sltri M. Nalk: May I ask whether in the statement? Government is contemplating or has Sbri Thirumala Rao: Yes. Sir. In taken any steps whatsoever to increase proportion to the availability of rice the sucrose content of sugarcane? the ration content is fixed. Shri Thirumala Rao: That is a part of the scheme which aims to increase Shrl Iyyunnl: It was stated by the the sugarcane output and also to han. Minister that the maximum rice increase the sucrose content. content in the ration is 9 ounces. Will that maximum be given to the Sbri M. Naik: Has it been Travancol'e-Cocl1in State? popularised? Shrl Thlrumala Raa: No. We are not Shri Thirumala Rao: All these in a position to give the full rice con- results of researches are being utilised tent of 9 ounces to the Travancore- by the state Governments in their Cochin State. farms and among the cultivators. Sbri T. N. Singh: Are Government Shrl Iyyunni: May I know whether aware of the fact' that due to the in the state of Madras as much as increase in prices of gUT and sugar .12 ounces h2ve been given as basic there is a tendency towards an scale? appreciable decrease in sugarcane Sbri Tblrumala Rao: It is the basle cultivation in the Uttar Pradesh area scale but It does not mean that and that it is likely to result in a 12 ounces of rice are being given. sugar shortage later on? Shri Thirumala Rao: On account of Sbrl Iyyunnl: May I knoW whether the abnormal price prevailing for gU7' six ounces of rice content is gIven too last year a large number of cultivators Madras? have taken to sugarcane growing so that it has produced a glut 'ust now. Sbrl Tbirumala Bao: Yea. 0413 Oral AnsweT. 28 FEBRUA!tY 1952 Oral Aft81.Vers

Shri Iyyunnl: What exactly is the not to open railway bridges for· sueb reason why' in Travancore-Cochln trame. alone 5 ounces have been fixed? RAILWAY STORES Shri Thlrumala Bao: Madras as a rice-p,roducing State is able to depend *2'71. Slid Ra.I KaDwar: Will the on Itself-whatever is allotted from Minister of RaUways be pleased to the Centre is supplemented by internal refer to the replies liven to my procurement, but Travancore-Cochin is supplementary questions to starred not capable of procuring so much. question No. 296 on. the 17th August, 1951 'and state: Shri R. VelayudhlUl: May I know, ·Sir,...... (a) the total book value of all the accumulated stocks of Railway stores Mr. Speaker: I think I should go to referred to in the Shroff· Committee's the next question now. Rice has been report; and ·discussed so many times. Let us go to -the next question. (b) the ftndin~s of the Auditors' report? BRIDGE OVER RIVER ALWAY!: The Minister of State for Transport *2'76. Shri Iyyminl: Wlll the Min- and B8.Uwa,.. (Shrl SaDthanam): ister of TraDsport be pleased to state: (a) Rs. 13,66,052. (a) whether any estimate has been (b) The Auditor's report has not made for the construction of a bridge been received so far. -over the river Alwaye to connect the Shri Raj KaDwar: Is the book value two sides 01 the National Highways in given by the han. Minister the book ·Travancore-Cochin State; and value of stocks of various kinds which (b) whether any estimate has been are in excess of twelve months' ·prepared for connecting the two ends requirements? ~f the National Highways by means 01 Shrl Santbanam.: The value given is a bridge' at Eda Koehie in Travancore- of those stocks which have been Cochin State? mentioned in the report. but the report The MiDister of State for Transport itself says they were only illustrative aad RaOways (Shrl SaDthaDam): and not comprehensive. We are trying (a) and (b). Not y.,t: but surveys are to get comprehensive figures and In ·being r"rried aut 10 collect the neces- two Railways the auditors have been sary data for finalising the sites and sent to check up and give us the designs of the bridges. figures. Their report has not yet been ret'L'lvrd. H0wpvcr. this i.s the value of Shri IY1UDDi: May I know whether those items which have been mentioned there is a chance of those bridges in the report of the Shroff Committee. being constructed in the near future? Shrl Raj Kanwar: May I know what Shri SaDthanam: Not only a chance, is the book value of stocks of various but a certainty. kinds 01 stores in excess of twelve months' requirements? Shrl IY)'UDDi: Within how many years? Shri SanthaDam: That is the infor- mation that we are collecting. Shri Santhaum: We must fi1'!:t decide about the design. and as soon Shri Raj Kanwar: In how many as the design and the sites are fixed years will such surplus stores be we will proceed with the construction. exhausted? Shri IyYUDDi: How long will it take Shrl SutliaDam: We have set up a to decide that? special. organisation in the Railway Board to deal with it and they are Shri S:mthftnam: T hope both the dealing with it item by item. I expect bridges will be ready in two or three in a short time. probably in a year or years. . two. there will be no surplus stores left? S~ri Damodara MeDoD: With refer- ence to part (a) of the question, was Shri Raj Kanwar: Ha1Te the firm of there po representation made to the chartered 8('countants compiled a Covernment that pending the construc- general inventory of the total store- tion of \his bridge the existing railway holding on two Railways as recom- brldge at Alwaye may be thrown open mended by the Shroff Committee? for ordinary traffic at stated intervals? Shrl SaDthaaam: A firm, Messrs. 8hrt Saaihuam: There may have Raijee of Bombay, was appointed to -been representations but our polley IS examine 300 selected tteme of excell (Jrat ,1.nBtt'ers 28 FEBRUARY 19152 Oral Answers 416 stocks on two Railways, namely the Shri B. K. Das: Wh"t percentage of East Indian Railway and the B.B. & the newly opened post offices is self- C.r. Railway. ThIs firm has been supporting? working since September, 1951 and Shri Raj Bahadar: I am afraid I am their rll!,port is expected to be avail- able early in May, 1952. unable to give the information off- hand. Shri Raj Kanwar: May I know if Shrl J. N. Bazarlka: What is the ahy action has been taken with regard annual exoendjtureprovld~d br this to the Bombay officers who are chiefly purpose? • to blame and if 80, what was the action ShriRaj Bahadur: The rule is that taken? the loq~ should not go beyond the Shri Santhanam: It is not as if any figure of Rs. 750. particular officer was to blame. Many Shrl M. Nalk: What is the probable of these excess stores were due to the date within which this scheme Is purchases made during the war. At that time they had to buy any stores going to materialise? available in the tear that they may not Shri Raj Bahadur: According to the be avltilab1e later on .. If any particular 1941 Census on 31st December 1941 person has been found to be at fault the number of villages in which post suitable action "'111 be taken. offices had not been opened and which had a population of 2,000 and RURAL POST OFFICES over were 1.707. The figures of the -278. Shri S. C. Samanta: (a) Will 1951 Census show that the number is the Minister of Communications be now 5,509. I . regret to inform. the ple~lsec1 to state the number of Post House that the budget position is so Offices opened between October. 1951 tight for 1952-53 that there is no pro- and December, 1951 accordin~ to two vision a.t present for opening new thousand population basis? post offices during the coming year. (b) How many villaies havinJ! a Shri S. C. Samanta: With reference popUlation of two thousand. have been to part (d) of the question. may I left aftC'r December. 19:';1? know the reasons fQ:!~ the discontinu.. ance of tne newly· opened post omces (c) How mAny rural Post Office~ 2nd whr:-ther or not conditions be so have been opcn"d since 19·J7 in group~ providerl that those post offices may of villaies havini two thousand or continue'.' more population? Sbrl RiJ Bahadur: A period of five (d) How many Post Offices opened years has been prescribed for t~e accorr1;n~ t" h"Cl t~·"~·~:lr.~ p()r~ll[\tlor, experimrnt. Tf j' is fnunn durIn:! thIS basis are rllnnin~ on and how many period of p.xperiment that the loss have been discontinued? goes beyond Rs. 750 in regard to a post office. it has got to be closed. Thf' Deputy Minister of Communi- cations (Shri Raj Bahadur): (a) 161. Shri B. K. Das: Is that the reason (b) 5,509. why 35 post, offices have been closed? (c) 3.361. Shri Raj Bahadur: Obviously, (d) Working-lO,966. COTTACE INDUSTRIES IN KUTCH Closed-35. -279. Shri Dbolakia: (8) Will the Shri S. C. Samanta:· May I know Minister of States be pleased to state whether any villages having a popula- whether Government have made any tion of 2,000 but falling within a radius inquiry for developing cottage indus- 01 one or two miles of existing Post tries in Kutch? Offices are having post offices? (b) If so, what are such cottage Shri Raj Bahadur:. Yes. We have got industries and what step~ have Gov- a compact group basis for opening post ernment taken for their development? offices also. If in a particular group The Minister' of States. Transport of villages there are two villages and Railways (Shrl Gopalaswaml): which are n()t mo')re thn!1 four miles (a) and (b). The Chief Commissioner apQrt from e~~('h other we open post of Kutch has constituted a Committee offices for su('h compact groups of of officials and non-ofl1cials to enquire· villages. into and report on the possibilities of Shrl S. C. Samanta: May I know development of cottage industries in s\1",!,p~Hon wheth~r any pnc;t offices had been Klltl'h. At the of thll'l Com- mittee. Dr. J. C. Kumarappa, PJ;'esident, turned into sub-offices? All India Village Industries Associa- Shri Raj Bahadur: I think many. tion. visited Kutch, held discusslona 417 OfoaZ Answe1'a 28 FEBRUARY 1952 Oral A nawe1" with the people interested in cottage (c) The following conditions should industries and recently submitted a be satisfied before famine can be report to the Kutch Administration dec1",red under the Famine Code: which is under examination. . Tt:; (i) Abnormal increase of labourers existing cottage industrles are: at Test Works. (1) Spinning and weaving of (ii) Utter tailure of crops and cotton and wool. rise in the prices ot food- (2) Tanning. grains. (iii) Scarcity of fodder and mass (3) Dairy Farming. migration of cattle and death Silver and enamel works. ot cattle in large numbers. (5) Knitting and needle work, (iv) Complete drying up of wells and tanks. There are possibilities of developing (v) Increase of . the following cottage industries: (vi) Infiux of beggars in towns (1) -Bee keeping and honey pro- and emigration of residents. duction. The conditions in respect of the (2) Oil pressing. abJve points. prevalent at present in (3) Pottery. the Ajmer State are· not such as- to demand the formal declaration of ( 4) Tiles and brick making. famine. Wells and tanks have not (5) Sheep breeding. dried up and there is no infiux of (6) Rope making. beggars and emigration of residents. (7) Dyes (printing of sarees). Pandit M. B. Bhargava: Is it correct to say that in respect to the other Shrl Dholakla: Have Government conditions. the conditions prevailing come to any decision- regarding any are those of tamine? of the industries? Shrl Thirumala Rao: As I have said Shrl Gopalaswami: Not yet: it is already our Commissioner there has under examination,. as I have said. said that the conditions are not so bad there as to demand the declaration of Dr. Pattabhi: Is it not a fact that famine in that area. filigree work in silver is one or the cottage industries tor which Bhuj is PandU M. B. Bbargava: Have any noted and it so. whot are the plans tor statistics been taken of the tanks and its development? wells that have already dried up? Shri Gopalaswaml: Silver filigree Shrl Thiruruala Rao: Possibly these work is one of the industries now in figures are with the Commissioner and existence and Dr. Kumarappa's report I have not got them with me just now. deals with that also. Pandlt M, B. Bharpva: May I know whether more than 50 per c~nt. of the FAMINE IN AJMER wells have already become dried up? *280. Pandlt M. B. Bhar&,ava: Will Shrl Thlrumala Rao: I have not got the Minister of Food and Agriculture the details. be pleased to state: Paadlt M. B. Bharrava: If the (a) whether any "Famine" in the Famine Code does not apply to the technical sens,' in which it is used in present conditions in Ajmer, whllt is the "F!1mine Code" 'has been declared in the whole or any part of the State tne law governing these conditions at of Ajmer; present? Shri Thlrumala Rao: In certain res- (b) if so. since when and in which pects I think the relief that is given part or parts; and is on a much higher level than is laid (c) what conditions, if any, are down in the Famine Code. The F'lmine necessary to be satisfied before famine Code is pretty old and the rates given. can be declared under the "Famine in that Code are about two to three Code" and in what respects the condi- annas per head by way of dally labour tions prevailing at present in the State wages. In view of the discussions of Ajmer differ from such conditions? raised by Pandit M. B. Bhar/lava recently. Government have rec·lm-:. The Deputy MInister for Food aad mended that a daily wage of Re. 1 ls AJ'rlculture (Shrl Tldrumala Rao): Ito be paid to labourers instead I)f (a) Famine has not been declal'ed in eleve!l a~mas wh!ch they are receiving any part of the State in the sense in now and fourteen annas for female which It is used in the Famine Code. labour in the place of nine annas (b) Does not arlle. which they aet at present and ten ~19 Oral Answers 28 FEBRUARY 1952 Oro1 An,wef"

'annas is given. per head, in the C/olISe Shrl Thlrumala' Rao: Each ~ of child labour. By some inadvertance Government has got a Famine cO! I said, last time that maternity bene- and they administer it. fits were being given. They have b"!cn restored and are to be given to the Mr. Speaker: Evidently, he bas no 'women labourers. Government is g;)ing idea of the details. . to review the matter further to see 'what more could be done to relieve the suffering of the people there. RELIEF WORKS IN .AJMER Panclit M. B. !sharpva: From ·281. Panclit M. B. Bhar.. ava: Will 'which date In the new state the bene- the Minister of Food and Aa'rlculture .fits will come into force? be pleased to state: . Shrl Thlrumala Rao: It will come (a) the number of the famine test 'very soon. Our recommendations have or relief works wQich were in exis- :gone to the Finance Ministr7 and their tence in the State of Ajmer in the sanction is awaited. month of October, 1951 and the number of such works existing at Shri A. Joseph: Are Government present; aware that the famine conditions are (b) the number of labourers work- worse in the Rayalaseema and the ing at such test or relief works durin. circumstances there are such ...... the above period; . Mr. Speaker: It is en·)ugh that the han. Member has drawn the attention '(c) the number of labourers work- of the Government to the fact; \- s ing at such test or relief works who question is beyond the s..:flpe of have to come to such works from a present question. distance of (i) within four miles from . their ordinary place of residence: eU) Pandit M. B. Bharpva: Do the four to ten miles and (iii) over ten Government think that the provisions miles; {)f the Famine Code at present are absolutely out of date and if so, do (d) the scale of wages payable to they propose to revise the Code so as such labourers at present and how It ,to bring it in conformity with th& compares with the scale of wages changed conditions? , prevalent in the year 1939; (e) the quantity and quality of food Shrl Thirumala Rao: A new set up grains supplied to the labourers at the is coming t>ery soon and they will various shops opened in famine test review the whole position. works; and Shrl Dholakla: May I know whether (f) whether the grain supplied is of the same analogy will be applied to a very bad and worm-eaten quality Cutca also. where similar conditions and contains lot of dust? are prevaillng? The Millistel' of FOod aDa Apicul-· Shrt Thlrumali. Rao: I think the ture (Shrt K. M. MUDShl): (a) The .conditions are similar in Cutcb also. number of test works In October,: 1951 was five, and the number OJ: test Shrt V. I. Gupta: What places in works at present is 12. Rayalaseema have been declared as 1amine areas according to the Famine (b) The number of labourers work- Code? . ing on test works was as under: Mr. Speaker: That does not arise out October 1951 16,923 of this question. November 1951 21,030 Shrl A. Joseph: What are the places December 1951 30,801 where the Famine Code is now being applied by either the State Govern.. January 1952 44.447 ments or the Central Government? (c) A statement (I) furnishing the information is placed on the Table of Shri Thlrumala Rao: Ea('h State has the House. Most of the workers In- got a sort of Famine Code for itself cluded in the last two columns of the and it app1ies that Code when ('ondi- stat.ement belong to Rajasthan who tions as described In the question have apparently closed down the arise. works on the border. Chief Commls- Shrt A. -Joseph: My questIon i8- ~sionerhas already been advised to which are the places in India where open more works to reduce the ~e Famine Code is in force at present? distance. fl ~41 A"""",,, 28 FEBRUARY 1952 Writta AftItDet" (c) whether it was being paid in Mr. Speaker: Does the hon. Member Ajmer in the famine of 19a9 and is mean to ask whether the control rat.. being paid there at present and it not, are higher than· the rates in the local why nQt? markets? What Is bIs point? The MIDJster of' Food aad Apical- ture (Shrt K. M. MWlShi): (a) and Pudit M. B. Bbarrava: My point is. (b). With the introduction of the whether the rise in the wages 18 com- higher ftat rates system the relevant mensurate with the rise in prices. provisions of Famine Code relating to Shrt ThirumaJa Rao: The wages the grant of allowances to children have been increased with a view to. and maternity allowance to pregnant equalising the rise in prices. women have become inapplicable. . It has smce been decided to allow maternity allowance to be paid to WRITTEN ANSWERS TO QUESTIONS female labourers. Children between the ages of 10 and 15 years are em- ployed on test works and they are "GROW MORE FO/)D" SCHEMES paid at the fiat rate of 7 annas per ·263. Shri V. Gangaraju: Will the head per day. I haye informed the Minister of Food and AlIll('ulture he House already that it is being in.- pleased to state: "rea sed to 9 annas. (a) the total number of "Gruw (c) Yes. But as stated already it is More Food" Schemes received up to not being paid now in view of the 31st January, 1952 from different in.troduction of the ftat rates. States under the 1951-52 Programme; and Pandit M. B. Bharrava: Is there any (b) the number of sch.es sanc- proposal now to live the allowance to tioned up to 31st January 1952 out of children below the age of ten and to the above schemes? women? The Mbalster of Food aDd AJrteul- Sbri ThlrwDala Rao: I do not think tare and it is permissible now. (b). A statement giving the required Palldit M. B. Bbarpv.: 18 it per- information is placed on the Table of missible under the Famine Code· to the House. [See Appendix II, annexure allow the allowance to such children No.• 11.] and women? PALM TREES Sbrl Thlrumala Rao: In view of the ·283. Shri Bharatl: (a> Will the uniform rise in rates of payment, that Mlmster of Railways be pleased to is not adhered to now. state whether palm trees stand in, on Pandit M. B. Bharrava: What is the Railway lands are given to the public prevailing rate of grains in the rural on rent for the manufacture of palm areas? gur? (b) If so, what rent is charged tor Shri Thirumala Rao: As far as these the season per tre(. and what is the people are concerned, we are trying compensation char~ed if a tree dies to supply them with foodgrains ,at . during the operation?' controlled rates. . The Minister of State lor Transport Pandlt M. B. Bhargava: My ques- and Railways (Shrl Santhanam): tion is-what is the price at which (a) and (b). Right to tap palm trees the grain Is being sold in the rural on various SCC't::lOS of Railway land Is areas? being granted as a result of annual auctions. The rent naturally varl.,.! Sbri. Thlrumala Rao: I cannot say from section to section. ThE! question off-hand what are the rates prevailing of charking compensation for trees In the market everywhere. I require which die during the operation does Dotf~. not appear to have arisen so rar. Thurday, 28th February, 1952

€ai

PARLIAMENTARY DEBATES

(Pirt O—Proceedings other than Questions and Answers)

OFFICIAL REPORT

VOLUME I. 1952

(Sth February, 19S2 to 29th February, 1952)

Fifth Session

of the

PARLIAMENT OF INDIA

1952 CONTENTS Volume I —5th February to 29th February, 1962. Columns

Tubsday, 6th Fbbeuaby, 1962— President’s Address

Wbdnbsday, 0th Fbbbuary, 1962— Deaths of Shri Deehbandhu Gupta, Thakur Lai Singh, Durbar Oopaldas Desai and Shri Manik Lai G u p ta ...... 17—18 Motion for Adjournment—Releaai of detenus elected to Legislatures . . 19—20 Resignations of M em b ers...... 20 Leave of absence from the H o u s e ...... 20 President's Assent to B ills ...... 21 Pc49ers laid on the Table— Report of Indian Delegation to 13th Session of U.N.B. «nd S. Counoil • . 21 Sunimchry of proceedings of Tenth Session of Indian Labour Conference . 21 ^ President's Acts re P u n j a b ...... 21—22 Ordinances promult^ated afber Fourth Session...... 22 Presidential and Vice-Presidential Elections Bill—^Introduced . . . 22 Indian Independence Pakistan Courts (Pending Proceedings) Bill—Introduced 22 Discussion on motion to consider—P o stp o n ed ...... 25—28 Prevention of Corruption (Amendment) Bill—Introduced .... 23 Delhi University (Amendment) Bill—Introduced ...... 23 Uttar Pradesh Cantonments (Control of Rent and Eviction) Bill—Introdueed . 23—24 Resolution re Continuance of President’s Proclamation re Punjab—Adopted . 24 Presidential and Vice-Presidential Elections Bill—Discussion on motion to oonsider not c o n c lu d e d ...... 29—06 Death of King George V I ...... 90

Fbiday, 8th Fbbruaby, 1962— Message of Condolence on death of King George V I ...... 97 Papers laid on the Table— < Notification under section 2C of Insurance Act 98 Review of Rehabilitation Finance Administration . . • • • 98 Notification amending Union Public Service ComimissioB (Consultation) Regula­ tions ...... 98 Order amending Punjab Public Service Commission (Limitation of Functions) Regulations ...... 98—99 Ai^ndments to Cinematograph (Censorship) Rules. «... 99 Delhi and Ajmer Rent Control Bill—Extension of time for preMntation of re­ port of Select Cctaimittee...... 99 Indian Standards Institution (Certification Marks) Bill— Extension of time for presentation of Report of Select Commi t t e e ...... 1(K) Go-Samvardhan Bill—Extension of time for presentation of Report of Select Committee ...... 100—101 Presidential and Vice-Presidential Elections Bill—Referred to Select Committee 101—19 Part B States Marriages Validating Bill—Passed as amended . . • • 120—22 Prevention of Corruption (Amendment) Bill—P a s s e d ...... 122—74

Monday, 11th F ebruabt, 1962 — Resignations of Members 176 Capital Issues (Continuance of Control) Amendment Bill—Introduced • « 176 (ii) ColuimtB M o n day, 1 ITh FobbuabV, 1952— eontd. Foreign Bxohange Regulation (Amendment) Bill—^Introduoed . . . 176 Roquisitioning and Acquisition of Immovable Property Bill—Introduoed . 176 Goal Mines (Oonservation and Safety) Bill—Introduoed .... 176—77 Motion on Address by the President-r->Di80U8sion not oonoluded . . • 177—284 Icjebdat, 12th Febbuaby» 1962— Motion on Address by the Presidenl^Adopted . . . . . 28t>—321 Delhi University (Amendment) Bill—Passed as amended • • • • 882—58 364—78 Indian Explosives (Amendmont) Bill—Passed . . . . • 368—64

Wbdnbsday, 13th Fbbbuaby, 1 9 6 2 - Death of Snri T. A. Ramalingam Ohettiar . . . . . 379 Resignation of Shri Brijlal Biyani ...... 379 Papers laid on the Table— V<) A nend nent t3 Regulation 6 of the Industrial Finance O>rporation of India E.nployees Provident Fund Regulations .... 379—80 (<♦) Letters re Extension of period of Sterling Balances Agreement . 647—60 Abducted Persons (Recovery and Restoration) Amendment Bill—introduoed . 380 Indian Boilers (Amendment) Bill—I n t r o d u c e d ...... 380 Bombay Port Trust (Amendment) Bill—I n t r o d u c e d ...... 881 Delhi and Ajmer Rent Control Bill—Presentation of Report of Select Commit­ tee...... 381 Resolution re Punjab Tenants (Security of Tenure) Amendment Act 1961— Withdrawn 381—616 Resolution re Punjab District Boards (Amendment) Act, 1961—Withdrawn . 616—24 Resolution rt Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1961-WitJMkwn ...... 62 6 -2 9 Resolution re Punjab Cotton (Prevention of Adulteration; Act, 1962—Withdrawn 629—32 Resolution re Punj>*^b Betterment Chckrges and Acreage Rates Aot» 1962—W ith- d r a w n ...... 632— 43 Indian Independence Pakistan Courts (Pending Proceedings) Bill—Motion to consider—Not oonoluded...... 643—47

Thubsday , 14ts F bbbuaby , 1962— Message from the P r e s i d e n t ...... 661 Inflammable SubstancM Bill—In tro d u o ed ...... - 661 Enqsloyees Provident Funds Bill—^ In tr o d u c e d ...... 562 Indian Independence Pakistan Courts (Pending proceedings) Bill—Passed as amended ...... 6 6 2 -7 2 Uttar Pradesh Cantonments (Control of Rent and Eviction) Bill—^Passed as amend­ e d ...... 672 -74 Foreign Exchango Regulation (AmendniCnt) Bill—Passed .... 674—78 C^^pital issues (Continuance of Control) Amendnvent Bill—Passed . . . 679—99 Minoft Bill—Consideration of clauses not c o n c l u d e d ...... '"'GO—26

F hiday, 16th Fbbbuaby, 1962— , Resignations of Members ...... 627 Paper laid on the Table- Abstract Estimates for the M^or Port at Kandla * * ...... 627 Preventive Detention (Amendment) Bill—In tro d u ced ...... 627—28 Territorial Ariny (Amendment) BiU—^Introduced . . . . 628 Indnitrial Disputes (Amendment) BiU—I n t r o d u c e d ...... 628 Oo SaTnvardliana Bill—^Presentation of Report of Select Committee . . Tivlian Standards Institution (Certification Marks) Bill—^Presentation of Report of Select C om ntittee...... • 6)^ ^ ' ) (iii) Colu mns

Fbiday, 15th Fbbbuahy, 1952— contd, Piwidantial sod Vioo-Presidential Eleotions Bill—ProMntotion of Import of Select ...... PraMntation of the Punj»b Budget for 1062-63 ...... ®29 80 Demand* for Snpplemeatary Qraati for 1051-82 (Puniab S ta te-N o t oonoluded) 630—80

Point of Order re oppointmont of two hon. Me nDors as Lieut. Governor®. . 640—42 Mines Bill—Passed, as am ended...... Abducted Persons (Recovery and Restoration; Air 6ndment Bill—Passed . 676—87 Madras Port Trust (Amendfnent) Bill—P a s s e d ...... Bonibay Port Trust (Amendment) Bill—P a s s e d ...... Requieitioning and Acquisition of Imniovable Property Bill—Referred to Select Oommittee...... 689—714 Goal Mines (Conservation and bafety) Bill—^Motion to consider—Adopted. . 714—24 Business of the House—Hours of b ittin g ...... *^24

Monday, 18 th Fbbbuaby, 1952— ' Message from Her Majesty Queesn Elisabeth, the Queen Mother . . . 725 Resignation of Moulavi Mahammed H an eef...... *326 Papers laid on the Table— Deolorations of Esemption issued under Registration of Foreigners Act, 1939 726—27 Constitution (Re^iioval of Difficulties) Order No. II (Fourth Amendment) order 728 Constitution (Reaioval of Difficulties) Order No. II (Fifth Amendment) order 728 Code of Criminf 1 Procedure (Amendment) Bill—^introduced .... 728 Control of Shipping (Amendment) Bill x n t r o d u c e d ...... 728 Criminal Tribes Lews (Repeal) Bill—in tro d u ced ...... 728—29 Demands for Supple«nentary Grants for 1961-52—Punjab State . . . 729.—94 The Punjab Appropriation Bill.—^ I n tr o d u c e d ...... 784 The Punjab Budget—General D is c u s s io n ...... 784—828 Goal Mines (Coaserv ation and Safety) Bill—Concluded...... 828—42

Tuesday, 19 th Fbbruaby, 1952— Resignation of Members ...... 848 Indian Tari^ (Amendment) Bill—I n t r o d u c e d ...... 843 Requisitioninfif and Acquisition of Immovable Property Bill—Presentation of Report of Select C o m m i t t e e ...... 844

Thb Punjab Budobt, 1952-53— Demands for Grants on Account ...... 844—952 WSDNBSDAY, 20tb F bbbuaby , 1952 — Resignation of Dr. Devi S i n g h ...... 958 Demands for Supplementary Grcmts for 1951-52—^Railways .... 953 __ 0 7 Demand No. 4.—Ordinary Working Expenses Administration . . . 094 __ 00 Demand No. 5.—Ordinary Working Expenses—^Repairs and Maintenance. . 953 _57 Demand No. 6 .—Ordinary Working Expenses—Operating Staff. . . Q64 __ 67 Demand. No. 7.—Ordinary Working Expenses—Operation (Fuel) . . 95 7 __ 0q Demand No. 8 .—Ordinary Working Expenses—Operation other than Stafif and 06 0 -6 2 Demand No.9A-Ordinary^Working Expenses—Labour Welfare . . . 963 __ 64 Demand No. 17.—Open Line Works —Replacements .... 96fi _67 Demands fop Supplementary Grants for 1951-52 ...... 907 __ •Demand No. 1.—^Ministry of Commerce and Industry ' . . . . 986 Demand No.. 3.—Commercial Intelligence and StatisticH .... 967—85 Demand No. 7.—Overseas Communications S e r v ic e ...... 987 ( iv )

Wbdnbsday, 20t h Febbuaby, 1962—cow^d. Demands for Supplementary Grants for 1051-52—Kailways— oontd. Demand No. 10—Defoaoe Services, Bfifeotive—Army .... 987 Demand No. 19—Tribal A r e a s ...... 087 Demand No. 20—External A flfa irs...... 987v^ Demand No. 22—C u s t o m s ...... 987 Demand No. 23—Union Excise Duties...... 987 Demand No. 26^—S t a m p s ...... 987—88 Demand No. 27—Payments to other Governments Departments, etc., on account of the Administration of Agency Subjects and Mane^msnt of Trea­ suries ...... 988 Demand No. 29—Joint Stock Companies ...... 988 Demand No. 30—MiHcellaneous D ep artm en ts...... 988 Demand No. .31—C u r r e n c y ...... 988 Demand No. 33—Superemnuation Allowances and Pensions . . . 988 Demand No. 34—M is c e lla n e o u s ...... 967—85 DemandJNo. 86—Grants-in-Aid to S t a t e s ...... 989 Demand No. 36—Miscellaneous Adjustments between the Union and State 989 Governments. Demand No. 42—Survey of I n d i a ...... 989 Demand No. 43—Botanical Survey...... 989 Demand No. 46—Civil Veterinary S e r v i c e s ...... " . 989 Demand No. 67—Ajmer;...... 968, 992— 1026 Demand No. 60—Broadcasting . . . .' . . . , 989 Demand No. 64—Ministry of Natural Resources and Scientific Research . 989—90 Demand No. 74—K u t c h ...... 990 Demand No. 78—^Vindhya Pradesh ...... 990 Demand No. 79-—M a n i p u r ...... 968—86 Demand No. 80—T r i p u r a ...... 990 Demand No. 81—Relations with S t a t e s ...... 990 Demand No. 84—Lighthouses and L ig h tsh ip s...... 990 Demand No. 88—S u p p l i e s ...... 990 Demand No. 91—Stationery and P r i n t i n g ...... 991 Demand No. 91A—Stamp Cancelling and Printing Inks, Manufacturing Factory 991 Demand No. 98—Capital Outlay on Industrial Development . . . 991 Demcmd No. 101—Commuted Value of P e n s i o n s ...... 091 Demand No. 103—Capital Outlay on Schemes of Government Trading . d91 Demand No. 103A—Trcmsfer of the Sale Proceeds of American Loan wheat to the Special Development F u n d ...... 968—86 Demand No. 104—Capital Outlay on D ev elo p m en t...... 968— 86 Thubbday, 21st Febbcaby, 1962— Resignation of Members . . . 1027 Papers laid on the Table— Constitution (Removal of Difficulties) Order No. I X ...... 1027—28 Appropriation (Railway) Bill—Introduced ...... 1028 Demands for Supplementeuy Grants for 1951-52 ...... 1028— 72 Demand No. 18—^Ministry of External A ffa ir s ...... 1028— 71 External P u b l i c i t y ...... 1034—71 Demand No. 46—Agriculture ...... 1028—71 Demand No. 87—Ministry of Works, Production and Supply . . . 1028—72 Demand No. 96—Defence Capital O utlay...... 1028—72 Appropriation Bill—Introduced ...... • . . 1072 Thb Punjab Budqbt— 1952-63— / Demands for Grants on Account ...... 1072—84 (V)

Friday, 22nd Febbuaby, 1962— colum ns Motion for Adjournment— Slmnp in cotton p r i c e s ...... Presentation of Railway Budget, 1052-53 ...... 1080 _____ 96 Statement re Basic Plan^onferenoe of Food M in is te r s ...... 1096 __ 96 Appropriation (Railway) Bill—P a s s e d ...... 1096 __ 97 Appropration Bill—P a s s e d ...... IO 97 The Punjab Budget, 1962-63— Demands for Grants on Account—Concluded . , .1098 1115 Punjab Appropriation (Vote on Aoooimt) Bill— I n t r o d u c e d ...... 1116 ...... 1116— 17 Punjab Appropriation Bill—^ P a s s e d ...... H I5_____ Employees* Provident Fund Bill—Discussion on Motion to oonsider—>Not con- e l u d e d ...... 1118— 24 Satubday, 23bd Fbbbuaby, 1952— Resignation of M e m b e r s ...... Emplo 3reea Provident Funds Bill—Passed as a m e n d e d ...... 1126 i23o

Monday, 26th Fbbbuaby, 1962— Papers laid on the Table— Notifications amending Delhi Motor Vehicles R u l e s ...... 1231—32 Railway Budget— . General discussion—Concluded ...... 1232 __ 80

Txtbsday, 26th Fbbbuaby, 1962— Papers laid on the Table— First and Second Reports of Public Accounts Committee on Appropriation Accounts 1948-49 ...... 1281 Notifications under Central Excises and Salt A c t ...... 1281 ____ 82 Railway Budget, 1962-63— Demands for Grants on Account ...... 1282—1337 Appropriation (Railway) Vote on Account Bill— I n t r o d u c e d ...... 1338 Industrial Disputes (Amendment) Bill—Parsed . . . . 1338—68 Control of Shipping (Amendment) BilK-Paased . . . . 1369 Bombay Coasting—vessels (Amendment) Bill—Passed . . . 1370—71 Inflammable Substances Bill—^Passed ...... 1372—80

Wbdnbbday, 27th Febbuaby, 1962— Paper laid on the Table- East Punjab University (Amendment) Act, 1952 ...... 1381 Appropriation (Railways) Vote on Account Bill—^Passed .... 1381—93 Requisitioning and Acquisition of Immovable Property Bill —^Passed, as a m e n d e d ...... 1393—1448 Indian B nlers (Amendment) Bill—^ P a s s e d ...... 1448—49 Criminal Tribes Laws (Repeal) Bill—Discussion on motion to consider—Not concluded ...... 1449—53» ^ 1459—66 Procedure re Finance Bill ...... 1453—69

Thubsday, 28th Febbuaby, 1962— Resignation of ^ e m b e r s ...... 1467 Business of the House ...... 1467—-70 Oriminol Tribes Laws (Repeal) Bill—Passed, as amen 'ed . . . 1470—88 (V i) Columns Thubsdat, 28tb Fbbbuaby, 1052-—oofK^f. Indian Tarifif (Amendment) B ill-^ P assed ...... , 1488—94 Pm idential and Vioe-Presidentlal Eleotiona Bill—Passed as amended . 1494^150 8 Delhi Special Police Batablishment (Amendment) Bill—Passed . . 1S04 Contempt of Courts B i l l ^ P a s s e d ...... 1S04—10 Code of Oriminal Prooedure (Amendment) Bill—Passed, as amended . 1610-42 Preventive Detention (Amendment) Bill— Motion to consider—Concluded . . .. . 1642-48

F bxdat , 29th F bbbuaby , 1962— Resignation of M e m b e r ...... 1649 Preventive Detention (Amendment) Bill—Paaaed . . . . 1649— 1608 1018—33 Presentation of General Budget* 1952-63 ...... 1609—13 Finance Bill—^Introduced...... 1613 Business of the H o u s e ...... 1633—34

q IPD—LAD—228 PS—22<1I-S2—460. CORRIGENDA to the Parliamentary Debates (Part II—Other than Questions and Answers), Fifth Session, 1952

In Volume I,— 1. No. 2, dated the 6th February, 1952,— (i) Col. 23, line 33 for “to provide for’* read “further to amend”, and in line 2 from bottom for “further to amend” read “to provide for*'. 2. No. 5, dated the 12th February, 1952,— ^ (i) Col. 309, for existing last line read “chancellories or in government, but” (ii) Col. 362, line 31 for ‘lU in th ” read ^'Kamath”. 3. No. 6, dated the 13th February, 1952,— (i) ^ 'fpRT “W % ?«rT«T «rc I (ii)«TT»T ^ IT “ww” «?f I (iii) Col. 443, line 8 for “ony” read “only". - »»jux-* i ^ ^ ** i rvr (iv) (v) Col. 529, for existing last line read “excess of such moisture as may reasonably be expected, by watering the”. (vi) Col. 530, insert “both parties are protected. They pro-” as last line. 4. No. 8, dated the 15th February, 1952,— (i) Col. 648, after line 7, insert “this demand has come before the House today, that”. (ii) Col. 658, line 32 for “O utlay” read “Outside*’. (iii) Col. 659, line 6 from bottom for ^^Jagivan Ram” read '^JagJiTan Ram**^ (iv) Col.676, last line for “Uament” read “Parliament”. (v) Col.686, line 16 from bottom for ‘^Gapalaswami*’ read ^^Gopalaswami’’*^ 5. No. 9, dated the 18th February, 1952,— (i) m 60^, ^ Y ^ Tnr” % rm” ^ t 6. No. 11, dated the 20th February, 1952,— (i) Tflrm too«, itPrt ^ ^ ” Tf i 7. No. 14, dated the 23rd February, 1052,— (i) Col. 1184, line 8 for "Javivaii Ram" read "JacJiTaB Ram”. (11) Col. 1191, for existing line 4 read “Clanae 6 —Contribution* and matter$". (iii) >TTn to if “JTw” ^ qr «rf i 8. No. 15, dated the 25th February, 1932,—

9. No. 19, dated the 29th February, 1952,— (i) Col, 1564. in the beginning of line 17 from bottom insert **voted“. (ii) Col. 1612, line 3 from bottom for “purpose” read “propose”. (iii) 'ffw \ ^ “?ra?r” % WR qr -if I

276 P,SJ> THE PARLIAMENTARY DEBATES (Part II—Proceedings other than Questions and Answers) OFFICIAL REPORT

1467 146B PARLIAMENT OF INDIA Shri Kamath (Madhya Pradesh): Half a day? Thursday, 2Sth February, 1952 Mr. Speaker: I^t even half a day; only half a sitting. Dr. Pattabhi (Madras): Morning The House met at Half Past Nine of half or evening half? the Clock, Mr. Speaker: We shall decide that [Mr. Speaker in the Chair] point, but very probably it will be the morning half when Members QUESTIONS AND ANSWERS would be fresh and in a position to (5ec Part I) advance their arguments with vigour. The point, I may mention again. il that the House has nractically to paa« 10-28 A.M. the Bill, inviting attention only to RESIGNATION OF MEMBERS the important aspects. I do not know what the nature of the Bill is. We Mr. Speaker: I have to inform thft ^ shall know it when it comes, but I bon. Members that the following presume that, it will continue the Members have resigned their seats in normal taxes, and that it will not go Parliament with effect from the 26th very much away from the present February 1952: position. It may or it may not. I dp not kriow and I may say that I (1) Shri Kashinathrao Vaidya. know absolutely nothing about it. But (2) Shri Mahamaya Prasad Sinha. the point is that, it will again come under scrutiny in some form or other (3) Shri Konda Venkat Ranga " before the next Parliament when the Reddy. House will get some time to go in^o (4) Shri Annarao Ganamukhi. it in extenso. This Bill is intended (5) Dr. M. C. Reddy. to be introduced and passed in order to avoid two diffloulties. One diffi­ (6) Shri Arigay Ramaswamy. culty. is the necessity of issuing an (7) Shri Nandkishore Das. , which I am sure this House would not like to be done. The House has already expressed its dis­ BUSINESS OF THE HOUSE pleasure at the practice of Ordinance- issuing. So far as it is possible it Mr. Speaker I believe that, during is in the interest of the House to help the course of the discussion yester­ the Government to encourage legisla­ day the hon. Finance Minister stated tion rather than ordinances, by that Government are going to intro­ shortening debates taking into con­ duce a Bill... sideration the time at the disposal of the House. That will also lead to An Hon. Member: And pass it. another consequence, the avoidance of Mr. Speaker The hon. Member will a declaration which was a method just bear with me till I finish my adopted in the old set-up. A Bill is sentence. Not merely introduce it introduced and a declaration is made. but also pass it. This declaration Of course, in the present instance necessitates a little change in the there was also the legal difflculty that programme. Half a day will be al­ a declaration could not stand if the lotted on the 5th March for «U the BUI that was introduced would fafl stages of the Finance Bill. through. That was another point. Bearing all this in mind, I am flxinc 417 PSD 1469 Business of the House 28 FEBRUARY 1952 Criminal Tribes Lam 1470 (R epeaiym u [Mr. Speaker] a comparatively shorter time tnan. tion of general discussdon, it is a dif­ perhaps, some hon. Members may ferent matter, but there is nothing wish to have. much to be said about the continua­ tion of the status quo tin the new Shri Kamath: Is the allotment of Parliament meets. It is just a ques­ half a day, or half a sitting as you tion of two or two and a half months. said, on the presumption that there This is my personal reaction. Let us will be no new taxes and the old see what the picture of the Finance taxes would continue? Is the House Bill is. to understand that more time will be allotted in case there are surprises m Dr. Fattabhi: I would Jiist wish to the Finance Bill? know whether it looks nice to con> tract the work or to congest it. Mr. Speaker: I myself do not know what the Budget proposals of the Mr. Speaker: As I said, we must Finance Minister are. We shall know cultivate the habit of condensing argu­ them tomorrow. I am as well in the ments and speeches just to the point knowledge of things as any hon. instead of going on spinning a long Member in the House. I have no way. information as to what the Finance Now the House will proceed with the Ministry is contemplating or what the further consideration of the Bill to Cabinet is considering. But, in view provide for the repeal of the Criminal of the new set-up that is coming and Tribes Act, 1924, and certain other in view of the declaration made by laws corresponding thereto. Government from time to time that they do not want to introduce any controversial measures, I should be inclined to think that, there may not CRIMINAL TRIBES LAWS be any new proposals. But I can­ (REPEAL) BILL—concld. not be sure about it and if such an occasion arises, we shall see how to Pandit Thakur Das Bhargava (Pun* deal with it. jab): I must congratulate the hon. Mr. Sidhva for bringing this Bill in this Dr. Fattabhi: Considering that half House. I have gone through the a day comes to one and a quarter proceedings of the Committee and I hours or stretching it. to one and must take this occasion to express my three quarters of an hour and con­ 9 k appreciation of the great work done sidering the seriousness of the work by this Committee. The conclusions on hand which has to be condensed are such that I do not think anybody within that period, cannot the Gov­ in the House will have occasion to ernment consider the alternative of controvert anyone of them. On the lengthening the sitting by a couple of contrary, the public feeling in the days? country has been expressed by the Committee in appropriate words. I Mr. Speaker: I have expressed on wonder why we have taken these four former occasions that it does not look long years to repeal this Act. So far nice that we should go on extending as the provinces m which the inhabi­ the session from time to time. It tants of the criminal tribes live are not only uDsets the engagements of concerned they are almost unanimous various people, their programmes and that the Act should be repealed a» plans, but also creates an impression early as possible: that we are not capable of planning so well as to finish our business in the Out of 18,37,845 inhabitants of time stated. If we are to think of criminal tribes, 16.ff8,845 live in Uttar Five Year Plans, I think we should as Pradesh and the recommendations of well get ourselves accustomed to put the Criminal Tribes Act Enquiry Com­ through our one month's plan in time mittee of the U.P. which was set UP instead of prolonging it by a day or in 1946 was that this Act should be two. Wr must cultivate the habit of repealed. Punjab which has 67,564 condensing our work within the period people of the Criminal tribes has flxed^ agreed to the repeal of the Act. The Inspector-General of Police in the Pvpr As I said, the House will have half jab as well as the Deputy Commis­ a day or two and a half hours and sioner of the Criminal Tribes we^ assuming that there are no new taxes, consulted and both of them were of what is there to be said again I am, this view. So far as Orissa is con­ of course, oroceeding on the assump­ cerned, it is unfortunate that the Gov^ tion that there will be no new taxes emment of Orissa recommended that proposed. In that case it should not the Act may be continued for ten trtce even a minute. If it is p ques­ years. 1471 CHminal Tribes Laws 28 FEBRUARY 1952 (Repeal) Bill 147 I n eed not go into the opinions ex­ question of conversion so far as these pressed by the Governments of the people were concerned. Some persons States becatuse most of them are agreed just held out the temptation to the on the point that the Act should be Aheris of Hissar district that they repealed. Even so far as the consti­ shpuld all be converted to Islam if tutional position is concerned, this Act they wanted to take advantage of the cannot be allowed to remain on the fact that they could all be removed Statute Book any longer. There is an from the category of criminal tribes- amendment by the hon. Minister hifn- A date was appointed, and all the self that this Act may be allowed to Aheris were to be converted. When remain in force till the 31st of October. we got scent of it many societies came As it is the intention of some State forward and told them that they" Governments to substitute this Act by should not get converted and that the Habitual Offenders Act, some time every effort shall be made to see that must be given to them. they are taken away from the category of criminal tribes. I had already It is accepted on all hands today worked for these people and got about that Criminal propensities represent a five hundred exemptions from the- certain kind of pathalogical disease in Punjab Government. I told them that every person and the accepted remedy they should give six months* time and' is that of reformation. Looked at the Aheris agreed to give us six from this point of view I think that months, and within that time we raw even the Habitual Offenders Acts which that these people were taken away have now been in existence in some of from the category of criminal bribes. the States are also not based on right As a matter of fact Aheris were never principles. We shall have further criminal. occasion even to amend them. There was a proposal made by the Criminal This Act is not only an anomaly Tribes Enquiry Committee that an all- but, I should sav, a black spot on our India Act may be passed so that there statute book. I know of other tribes may be uniformity' for the whole of in my district who really do not be­ India in respect of this matter. I long to criminal tribes, for instance think this matter did not find support the Baorias, They are the (’howki- with the hon. Minister and he has left dars in the village. Yet they are it to the States to enact such laws as members of the criminal tribes. The they please suitable for their own conditions are the same not referred local conditions. to other tribes. So far as the Punjab is concerned the Punjab Government sent I cannot resist the temptation of to us a communication when I was submitting for your consideration how Chairman of the Jail Enquiry Com­ I began to take interest in this matter^ mittee. They told us that they wanted to It so hannened that in the Hissaf dis­ repeal the Act and they asked us to trict there was a very severe famine make our recommendations. But and from many villages people had since this Criminal Tribes Enquiry fled. Even the animals were taken Committee was sitting I wrote to them away. Even the birds had flown that we would await the recommenda­ away from those villages. But these tions of that Committee. unfortunate people, the members of the criminal tribes, were forced to live I understand all the States in India there. Thev had no means of sub­ are anxious to repeal this Act and no­ sistence. They could not live there. body. nor the Minister, wants its pro­ I applied on behalf of four of them longation when he asks the Hou.se to that they may have the premission to give him eight months’ time. I know migrate from one police station to an­ he is personally very anxious and has other. The Deputy Commissioner of done all he could in this matter. His the district was very kind and though activities in the House and in other there was no provision for such a places on this question have been so transfer from one police station to an­ commendable that we know 'he has other. he went out of the^way and put his heart into this, and I think it told me. “Though th^ Act does not is more or less due to him that we are permit it, I cannot possibly as a human having the repeal of this Act in this beinc entertain the idpj that these session. All the same I would request peoDle should be forced to live in con­ him not to take so much time and to ditions where thev cannot subsist’’, and repeal it as early as possible. Th<> he parsed an order. When the order only point on which time iis wanted is wen+ +0 the Superintendent of Police that the State*! mav be given time tn he did not obey it—^though he was enact the Habitual Offenders Act. if quite rieht in not obevin^r it. Then they so like. For that purpose I I submitted to the Punjab Govern­ think three or four months is quite ment an application that a change sufflcient. Indeed it would be very should be made in the law. Ultimate­ creditable if all the States when their ly it so happened that there was ® new Assemblies meet enact as their 1473 Criminal Tribes Laws 28 FEBRUARY 1952 (Repeal) Bill 1474

[Pandit Thakur Das Bhargava] .^rst law the repeal of this Act^ That Apart from this, a very peculiar -will be a very creditable thing. It custom prevails in the South Indian "Will be in keeping with our concep­ jails. There the work of scavenging tions of liberty and our Constitution. I is not allotted to all prisoners ir­ 'would therefore request the hon. respective of their caste. It is only Minister to accept an amendment that assigned to Harijans and to members within three or four months India will of th e criminal tribe. Whenever they be freed from the tentacles of this feel a paucity of scavengers in the jail Criminal Tribes Act. I again con­ all that the Superintendent of the gratulate him and the House on the jail has to do is to inform the Superin­ decision they have taken, and although tendent of Police and immediately a it has not been taken a day too soon 'batch of these people are convicted still it is good that we have taken this and sent to jail, and these people do decision and that we are repealing this the business. The police officers have Act. got so much accustomed to free ser­ vices (petty labour) from these people Dr. Pattabhi (Madras): I feel, in­ that somehow or other they get these clined to say a word in support of people to do their work at home, al­ this Bill which has come none too ways free. soon. When the Congress Govern­ Thi& is a most atrocious law. Once ments came into existence in 1937 I it was said that untouchability was a urged in my Province that the repeal blot on civilization and a sin against Df this Act should be taken on hand God. Well, I think that remark will as the first measure of amelioration equally apply to this. It is a very lor lakhs of people who are suffering small matter as to whether the law is under the tyranny of the police. I repeale(j eight months hence or six was taken to jail once at Vellore and months or four months hence or im­ I could not be put into the jail at once. mediately—because there are amend­ I was lodged in the police-station. I ments to the effect of the latter three— saw there early in the morning about but it must be repealed. And when forty or fifty corpse-lTke bodies lying once the decision is taken to repeal it flat on the bare ground without even I do not mind when it is repealed pro­ a mat, and when I enquired what the vided it is not later than October this matter was, they said that they were members of the criminal tribes who year. under the law had to sleep in the Mr. Speaker: I may point out to compound of the police-station. The hon. Members just what the hon. very Digs and dogs are not treated Member, Dr. Pattabhi, himself has like that. And. if they do not, they pointed out. There seems to be an are sentenced to one year, two years all-round at?reement on the question and so on. that the Bill as it goes is all right, the principle is conceded—in fact Government themselves are bringing It is a common habit of the police­ this Bill for the repeal of the Act. I men on beat at nights to visit these do not think, if you want to save time, areas and caU out the names of the that any discussion of that issue is people who must answer and give necessary at all. The only point of attendence twice in the night, once at (iifference which appears, as he also 11 o’clock and another time at half­ pointed out at the end, is whether the past one or two. We all know in what Deriod should be eight months hence, dread we go to bed if we have to four months hence or immediately. walce up at midnight in order to go There too the scope of the controversy to the aerodrome or the railway sta­ is very#much narrowed down. So I tion. But day in and day out and think it will be better, in view of the night in and night out, these people Dressure on our time, not to take up have to sleep under the fear of being time in further arguments over the called and giving attendance. Grant­ undesirability of the measure as it ed. that they give attendance, that does existed till now or over the sufferings not matter. If the policeman wants that had been inflicted on these people his goat. Dig or fowl and does not get up to now. But it is for hon. Mem­ it he will mark him absent. There bers to take that into consideration. is no appeal and he is immediately I think all that will be unnecessary as hauled up and given six months im- it will be carrying coal to Newcastle. Drisonment. The man cannot go to his brother’s place or his cousin’s ShTi Nazlruddin Ahmad (West Ben­ place or his father-in-law’s place or gal): I rijj^ to support the Bill, but I see his wife who might have gone for am afraid I have to strike a different confinement to her mother, and leave note. The name of the Act is Cnmi-^ will not be gi anted unless a bribe i* nal Tribes ^ct. The name itself su^ passed. gests some kind of discriminatioo- 1473 Criminal Tribes Laws 28 FEBRUARY 1952 (Repeal) Bill 1 4 7 ®

against same tribes. But the ex­ come in regard to the beneficent acts- perience about some of these tribes of the Central Government as well as which have been dealt with under the those of the State Governments. Take Criminal Tribes Act, apart from the the instance, for example of the edu­ exceptions as pointed by Dr. Pattabhi, cational facilities and other welfare shows that crime follows in the wake work that must be done among them. of the travels of some nomadic tribes Are the so-called criminal tribes goin£ whenever and wherever they go, and to come within the purview of the suddenly spring up and it has other backward classes or are they^ been found difficult to cope with their going to be scheduled with the criminal activities. They inherit from Scheduled Castes or the Scheduled heredity some criminal tendencies. I Tribes? What is going to h^ippen? should therefore sugurest that a very Under what category is it proposed careful inquiry should be made to that these people should, after the find out the propensities of some of repeal of this Act, be brought, because the tribes. The inquiry should be that is very important? There are very liberal. If there is any room the directive principles of the Consti­ for doubt, that doubt must be exercis­ tution. Well, to what extent do Gov­ ed in favour of liberty, but if there ernments, Central and provincial^ are any substrata of facts leading to intend to implement these directive public danger, I think the Govern­ principles in particular regard to the ment should carefully know them immediate amelioration of these and before bringing in a Bill to replace people, to bring them at least to the the Jaw, the law should be liberaliz­ lowest level of the backward classes, if ed. The police administration should not to the general level? I would also be liberalized if there is any like my hon. friend to give us some doubt, that doubt must be exercised in picture of that. It is not enough to favour of libertv. These ye some of repeal this Act. It is not enough to the few su??gestions that have occurred declare from our house-tops that un- to me and I hope the Government win touchability is hereby abolished. That remember them in deciding the coorse is not enough. I would like to know* of their future action. what his plans are to see that these people, once the Act is repealed, are [Shrimati Durgabai in the Chair} not neglected any more. There is another thing also which 1 would like to suggest. There is » Shri Jaipal Slnffh (Bihar): I rise to special Commissioner whose job it i f say only a very few words. I do not under the Constitution to report about think that any argument fs necessary the welfare activities of various Got^ in support of the Government deci­ emments in regard to the Scheduled sion to repeal this heinous Act that Castes, Scheduled Tribes and other has been in the Statute ev«r since backward classes. Now should the* 1871. First, I would like, to con­ so-called criminal Tribes come under gratulate my friend, Mr. Sidhva, for any one of those categories,? I would* finding himself playing the role of like Government to commission the atonement for the criminal negligence fecial Commissioner to inquire into, of all Governments ever since this Act the prospective aspect of the work* was passed. It is unfortunate that that has to be done among them he^* the matter of repeal did not come up after and I do hope that report will be- before this House earlier, although we ready very soon and it will be laid onr have been independent for severe the Table of the House, so that we years. I am not worried so much may be assured that we have not re­ about the repeal as I am worried pealed the Act, merely to feel righteous- about the prospective aspect of the about it, but there is the next step repeal. What is the ne^rt step? I of bettering the conditions of these would like my hon. friend in his reply people, so that the blot may not con­ to Rive us some picture of what he and other Governments, namely the tinue for long. Central and State Governments intend to do, to And a substitute for the re­ Then, there is one other aspect also. peal of this wicked and unwanted Act. According to the finances of this We have been in the habit of receiv­ country, there are certam ad hoc funds ing reports of all kinds, a ?reat deal set apart for specific sections of the of windovz-dressing takes place about community. I would like to the apparently wonderful work done from my hon. friend whethCT it is hi. amonc the people, the so-called crimi­ intention to get tl^ nal tribes, the Scheduled Castes, the Finance at the Centre to earmarK Scheduled Tribe*? and other backwoi^ specific sums for ameliorative ni«asure^ classe*^. Now if this Act is repealed, of these 3i million People. I I want to know imder what category they are much more now I think tner these so-called criminal tribes w ill were 3J million people about the year 1477 Criminal Tribes Laws 28 FEBRUARY 1952 (Repeal) Bill 1478

[Sh ri Jaipal Singh] I quite appreciate the intense feel­ 1941. I do hope that he will not ings of the House that this Act should jest merely with the repealing of this be repealed as early as possible. I am Act for which he has my warmest absolutely at one with them. The congratulations but he will take the very fact that in the areas under the next step« which is the logical step, control of the Home Ministry this Act that is to insist that there is a fund has been repealed shows our bona ^earmarked which will be used speci- fides. But we are absolutely in the ilcally to see that the stigma that has hands of the State Governments. My been there will cease to exist for hon. friend Pandit Thakur Das Bhar- eternity hereafter. gava and some others also said that some of the State Governments have The Minister of State for Home consented to repeal the Act. My regret Affairs (Shri Sidhva): 1 am very glad is that all the State Governments that the whole House without a agreed to repeal but in action they ^mgle dissension has welcomed this have not repealed. The Home Minis­ measure. try has been reminding them frequent­ ly to repeal and actually the repeal Shri E. Velayudhan (Travancore- has not taken place. Therefore, we cochin): We are not given a chance to have been compelled to bring this Bill speak. Therefore, you cannot say as an all-India measure to repeal it that. once for all. Shri Sidhva: You say that you did Tiot speak. Well... Mr. Chairman: The hon. Member did My hon friend Shri Jaipal Sijigh not get up. asked what would be done next after repealing this Act. That is a pertinent Shri Sidhva: Whatever that may be question. That is exactly the reason it is certain that from the speeches of why we want some time. The State •hon. Members who have spoken, they Governments of Bombay and Madras •were so encouraging to that class of have enacted the Habitual Offenders people (tribes) that when they come Act. Similar Acts will have to be to know this, they will certainly ap- passed by the other State Govern­ •preciate that the House is all practical­ ments. My hon. friend Pandit Thakur ly of the unanimous opinion that this Das Bhargava has made a useful sug­ Act should go. There is only one gestion that such an Act should be an 'difference, as regards the period within all-India Act. As I was going through 'Which this Act should be repealed. the Bombay and Madras Acts I found My hon. friend, Mr. Bhatt stated that they differed in some respects. I do it should be repealed forthwith and feel that if all the States go on making he stated that I had become weak Acts containing provisions which and weak ever since I came from that existed in the old Criminal Tribes Act* bench to this bench. My friend for­ we will only be undoing what we in­ gets that as far as the Delhi State is tend to do. Therefore, the Govern­ concerned, which is governed by the ment will consider the suggestion whe­ Central Government, this Act was ther it is possible to have an All India repealed on the 11th December 1951, Act so that there may be one kind of exactly two months after I took oflElce. measure for the repeal of this Act and In Aimer, it was repealed a week for the betterment and emancipation thereafter. From this, he will see of this class of people. I may tell my that in the Centrally Administered hon, friend Shri Jaipal Singh that in •States, we have taken the minimum the Habitual Offenders Acts there is time in seeing that this Act is repeal­ a provision that there should be re­ ed. Therefore, it was not correct on clamation colonie*?, industrial institu­ his Dart to say that mv enthusiasm has tions, schools, hospitals etc. Of course, slackened because I have come here. that is only a provision. We shall “Mv enthusiasm is growing. The only have to see that practical shape is differenrf* is I am utilising it for a given to that provision. I agree with Ibetter purpose. him that laws are there and practical shape is not given to them. I may 11 A.M. assure the hon. House that we will An Hon. Member: All Part C States? inform the State Governments that it is the desire of the House that this Shri Sidhva: I told you Delhi and Act should be repealed within the Ajmer. These are the only two period I shall mention, and also when States which are now controlled by they have an alternative Act. they the Home Ministry in which the so- must see that the provisions are put called criminal tribes exist. AlU into operation. That is the ®ssuran<^ Part C States are not under the Home that I would give to the House: I will Ministry. convey this to the State Governments. 147 9 CriminaX Tribes Laws 28 FEBRUARY 1952 (Repeal) BiU uao

As regards the pei^iod, there is a Shri Sidhva: There is an amendi- proposal th^t it should be immediately ment to clause 1. done. That is not possible. There is a proposal giving three months’ time; Mr. Chairman: I will come to clause there is a proposal for 4 months; 1 later. There are a number o£ there is a oronosai for 6 months; my amendments. I would call upon proposal i£ 9 months. I mp Pandit Thakur Das Bhargava to move assure the hon. House that Govern­ his amendment, and he will move hi« ment are very anxious and they do amendment. Before I do so, I would not want this Act to remain in force like to know from the other Members for one minute longer. But, the diffi­ whether they are pressing their culty is that the State Governments amendments in view of the statement have to pass through their legislatures of the hon. Minister that he is accept­ ceiiain alternative Acts. Now, the ing Pandit Thakur Das Bhargava*s earliest that they can irxeet is in the amendment to the effect that six snomth of May. I am told that in the months should be the period. Punjab they have already prepared a Shri Sidhva: May I make the posi­ Bill. Ifi Madhya Bahrat also they tion clear? While I accept the six have prepared a Bill. months period, I would like the Pandit Thalcur Das Bharrava: In language to be as I have proposed. Punjab, the Act is there: the Act of Pandit Thakur Das Bhargava: The 1918. language may be as the hon. Minister Shri SidihTa: I was told that they proposes. want to make alterations; they have prepared a Bill on that line. f t As I told you, the earliest that they TW I can meet is in May. They will re­ quire some time to go throi^h this [Shri Bhatt (Bombay): You may Axft 1 ^ not know what difficulties have the language of your own may arise then. I had considered choice.] B months as a reasonable period. As I see the sense of the House and as ' Shri Sidhva: To save time, I may I found in my informal discussions say that I accept in clause 1, line 5, also, I am prepared to make a con­ Pandit Thakur Das Bhargava's cession of two nrvonths. In less than amendment that it shall come into six mtinths, it cannot be done. I force immediately. will inform all the State Governments ol this and I hope the House will be Clause 2.—(Power to repeal) pleased to accept six months as the Mr. Chairman: May I take it that minimum period. I have none of the amendments to clause 2 notice of an amendment and I shall will be moved because Pandit Thakur move it at the proper stage. I hope Das Bhargava’s amendment to clause hon. Members will pass the Bill un­ 1, if it is accepted, would serve the animously. purpose? Pandit Thakur Das Bhargava: I Dr. K. V. Thakkar (Saurashtra): In have given notice of an amendment view of what the hon. Minister has for six months. stated. I do not propose to move my amendment. Mr. Chairman: I have seen that. I shall come to that later. # ^ ^ ^ ftp The question is: ^That the Bill to provide for fsf? 3nrr ^ the repeal of the Criminal Tribes Act. 1924. and certain other laws corresponding thereto, be taken into consideration.” I The motion was adopted. [Shri Bhatt: The hon. Minister has stated that he will try to have it Mr. Chairman: Clause 2. I think repealed earlier if possible. What I the hon. Minister is accepting the meant to say is that this should be amendment of Pandit Thakur Das incorporated herein.] Bhargava. Shri Sidhva: I cannot go beyond Pandit Thaknr Das Bhargava: My what I have stated. amendment may be taken as moved. Mr. Chainnan: May I take it that Mr. Chairman: You can move it. he is not moving his amendment? 1481 Criminal Tribes Laws 28 FESRUARY 1952 (Repeal) BiU H i t

Shri Sidhva: I have a comprehen­ : 51^, 4 ^ 5Tff TT sive amendment to clause 2 at the Bill f f ' which incorporates the change pro­ posed by my hon. friend in his am ^d- ^^[Shri Bhatt: No, I am not moving ment. Amendment made: Shri A. C. Guha (West Bengal): I do not like to move my amendments; For clause 2, substitute: but I have certain misgivings wiiic’h I hope the hon. Minister will con­ “2. Repeal of Act VI of 1924 and sider. In the Statement of Objects corresponding J^aws .—The Crimi­ and Reasons it has been stated that nal Tribes Act, 1924 (VI of 1924) the State Governments will enact and every other law correspond­ some Habitual Offenders Act. There ing thereto in force in any State is almost a suggestion on behalf of or part thereof shall stand repeal­ the Central Government to the State ed on the 3^st day of August^ Governments, I do not know whe­ 1952, but the Central Government ther the Habitual Offenders Act will may by notification in the Official be a perpetuation of the Criminal Gazette declare that the said Act Tribes Act in another name or shape. or any corresponding law shall I think this Habitual Offenders Act stand repealed in any State or should be enacted by the Central part thereof with effect from any Government instead of leaving it to earlier date.” the State Governments. It should be framed on the latest scientific theory —[ ^ r i Sidhval of penology. It should be on the basis of reclaiming the offending per­ sons from their ways and not on the Mr. Chairman: In view of the fact basis of branding them as criminals that this amendment has been adopt­ and enemies of society for all time. ed by the House, the amendment These are the misgivings in my mind moved by Mr. Kapoor changing the I hope the hon. Minister will see that words to “shall stand repealed” does the State Governments do not make not seem necessary. the Habitual Offenders Act a per­ petuation of the old Criminal Tribes Shri J. R. Kapoor: Since the change Act. that I sought to effect has been in­ Shri Sldhya: Realising what the corporated in hon.' Minister’s amend­ hon. Member has said now, I had ment, I would request leave of the already stated that the suggestion House to withdraw my amendment. made by Pandit Thakur Das Bhargava would be considered by the Govern­ The amendment was, by leave, with­ ment. All these points will be borne drawn. in mind. Mr. Chairman: The (xuestion is: Mr. Chairman: Mr. Kapoor. “That clause 2, as amended,, Shri Sidhva; I am accepting Mr. stand part of the Bill.” Kapoor’s language. It is only a m atter of language. The motion was adopted. Shri J. R. Kapoor (Uttar Pradesh): Clause 2, as amended, was added I do not propose to move my amend­ to the Bm. ment in view of what has been stated. Clause 1.— (Short title and extent) Mr. Chairman: The hon. Minister is prepared to accept his ^ amendment Amendment made: suggesting that instead of the words “shall be repealed” the words should be In page 1, after line 5, insert: -shall stand repealed*\ Will he now “ (3) It shall come into force move his amendment? immediately.” Shri J. R. Kapoor: Yes. Madam. I — [Pandit Thakur Das Bhargavai beg to move: Mr. Chairman: The question is: In page 1, line 11, for “shall be repealed” substitute “shall stand re­ “That clause 1, as amended, pealed*’. stand part of the Bill.” Mr. Chairman: Amendment moved: The .motion was adopted. In page 1. line 11, for **shall be repealed’* substitute “shall stand re­ Clause 1, as amended, was added pealed"*. ik to the Bill. 1^8 3 Cnminal Tribes Laws 28 FEBRUARY 1952 1464.1

The Title and the enacting for­ giving the oppttrtunity to the States > mula were added to the Bill. to make legislation there. Shri Sidhva: I beg to move: What has the Madras State done * some years ago?' The Chief Minis­ “That the Bill, as amended, be ter and the former Home Minister • passed.” clearly stated that in Madras State * there was no need for such legislation . Mr. Chairman: Motion moved: at all. Therefore the Madras State - has totally repealed that legislation. “That the Bill, as amended, be In Mysore also they have passed a passed.’* similar legislation for the removal of' Shri R. Velayudhan: A glossy the old Art. Therefore, why should picture has been presented to this not this legislation be taken away- House of this Bill, but a very im­ from the statute book totally? Even, portant factor has been omitted in in the Report of the Committee itself this Bill. The House has been Con­ it is said that very few among the- sidering this Bill as a sort of charter criminal tribes are habitual offenders. of liberation for about 4 million I have studied the social and economic' people of this land. But as Shri conditions of the criminal tribes after- Guha pointed out, by giving seven my education in the university, under months' time to the States to enact the auspices of the All India Harijan, some other legislation in some dif­ Sangh ...... ferent form, great harm has been Shri Sidhva: May I know whether* done, for I too have my fear that the hon. Member is in favour of the'- these so-called Habitual Offenders Act repeal or against? Hb seems to sug­ will be enacted by the respective gest that he is not supporting the Bill Stales and that will be only the same old Criminal Tribes Act in another Shri Kamath (Madhya Pradesh): form which had been on our Statute He says it does not go far enough. book for the last 100 years. The House has to remember the fact that Shri R. Velayudhan: You are not: we have not taken up the question repealing the Act in terms of the- of the committee of enquiry which liberation of the people. You are was appointed about two years back. only changing certain legal matters-- I know what an amount of difficulty and that is my contention ...... we had at the time of appointing it in getting the Home Ministry to agree Pandit Thaknr Das Bhargava: It iff* to it. The late Thakkar Bapa had entirely wrong. a lot of difficulty in moving the Hon. Mr. Chairman: The hon. M inister Home Minister and also the Home wants to know whether you are*- Secretary to appoint a committee of against the repeal or in favour? That enquiry on this subject. is the question. What are the recommendations of the Enquiry Committee? Is this Bill Shri R. Telayiidhan: The impres­ in accordance with the recommenda­ sion has been given*as if with the- tions of that Committee at all? The passing of the BiU the liberation of' Committee has specifically said that the criminal tribes will take place Im­ there is no need for such a law on the mediately. That is a wrong impres­ statute book at all: at any rate, it is sion and I want to bring that to the* indirectly hinted at. It is a kmd of attention of the House. That is clear- ^eventive Detention Act, which, had and any intelligent person can under­ been perpetuated for the last one or stand it. But a rosy picture was. two centuries. • given about the Act. Therefore this Bill ought not to As I said I was able to study the- have been in this form. It should social and economic conditions of the have totally repealed the Act and it criminal tribes. I conducted a should not be in any form in any part survey for one and a half years under- of the country. This h:^ra-headed the auspices of the All India Harijan dragon is coming out again in some Sevak Sangh. In fact when I read form or other in the States in order the report I felt that it was just what to perpetuate slavery on the un- I had submitted to the Harijan Sevak loctunate people. Therefore the Sangh. Thakkar Bapa and even House should not go away with the Mahatmaji have stated several times- impression that four million people that there was no need for this Act are being liberated by the noble act at all. We cannot condemn a class o f of this Parliament. They are not people under the Act. It Is against going to be liberated by this Bill. In the Constitution not onlv in letter one form or another it will come in but in spirit also. Therefore T the States and the Home Minister is want that the Act «hrmld be repealed^' •n48 5 Criminal Tribes Laws 28 FEBRUARY 1952 (Repeal) Bill 1486 [Sh ri R. Velayudhan] • as a whole and the Central Govern­ legal aspect. All the same I may ment should force the respective respectfully tell him that he has ^ State Governments that they should failed to appreciate it from the other mot bring any other fresh legislation aspect too. ^regarding criminal tribes ...... The Punjab Habitual Offenders’ Act Pandit Thakur Das Bhargava: No was passed in the year 1918 and it legislation will be enforced against the has been in operation for the last 34 criminal tribes in future. The Habitual years. Madras and Bombay have '' Offenders’ Act does not refer to also passed their Acts. Similarly in criminal tribes at all. The law is Rajasthan the Act is in operation to­ •-.provided for the whole of population day. The Habitual Offenders’ Act of the state and for all classes. has no relation to the Crimmal tribes Shri R. Velayudhan: Then why do as such. Every ’member of society to :you give ten months' time for another whatever tribe or community he may '■Habitual Offenders* Act, if it does not belong comes under the clutches of ■ affect the criminal tribes. that Act. It is designed to see that those who habitually commit crimes and Mr. Chairman: I am afraid the hon. have two or three former convictions ‘ Member is mistaken. The time asked to their credit are not allowed to prey ‘ for by the Minister is to see that these on society and commit their depreda­ Acts are repealed by the State Gov- tions. Siich persons, it is provided in ‘ ernments. He wants to wait till such the Act, are to a certain extent look­ time when all the State Governments ed after by the police. I may say ’ have repealed the Acts. for my friend’s information that it is not for all their lives that they will Pandit Thakur Das Bhargava: The be regarded as criminals. If they do time is given to enable State Govern- not commit any crimes for five or six ^tnents to bring in another legislation. years they will be removed from the “ The Minister himself stated it. Even list. There are specific provisions. “today the Acts exist in many States As a matter of fact no member of ‘ Buch as Madras, Punjab and Rajas* the society will for ever be dubbed as 'th a n . a criminal or offender. Cpr certain Shri R. Velayudhan: Even that is a purposes even the present provisions wrong thing and it should be abolish- of the Criminal Code, such as sec­ *-ed. tion 565, provide that when a court convicts a person they can say that Pandit Thakur Das Bhargava: How for five years his movements should xan it be wrong? be watched. There are other sec­ tions such as 400 and 401 under Shri R. Velayudhan: They take which wandering gangs and others action direct or indirect under the with such propensities, if they com­ -Act. mit such crimes they can be punished. The Act is for the whole society and Pandit Thakur Das Bhargava: for its protection. My friend is 'There is no direct action ...... labouring under the impression that _ Shri R. Velayudhan: You do not under the Act any tribe or group of “know. I have studied the thing. The persons will be considered criminal, Act will certainly affect the life of because they are born in a particular the criminal tribes. That is what is tribe. That was the gravamen of going to happen. Let not the House his charge against the Bill but that go away with the impression that bSIS-been wiped out totally.. R. 7four million people have been liberat­ Velayudhan: It will be consirfered ed by the repeal of the Act. The Act again.) There is no question of con­ ^lay come in another form later on. sideration. Today according to prac­ tice any member of a tribe, when he Pandit Thakur Das Bhargava: I was has advanced to a certain aee will be ^rather surprised to hear the speech of registered and watched but if they w hoj[i. Member who preceded me. are innocent and there are no convic­ rie has entirely misunderstood the tions aETijinst them for a period they Habitual Offenders* Act. It is already will not be watched bv the nolice or operating in the whole country ...... subiected to anv trouble. All these Shri R. Velayudhan: I have under­ things were not mentioned in the stood it as it has operated on the House becaiase everybody knew th#^m. practical side and not on the legal Tndov the heaar system is there. The S1Q 6. criminal tribes are tvrannised bv the suV»ordinate oolice officials but all that Pandit Thakur Das Bhargava; I am will go away under the Act. It is 4 1 friend confesses quite true that the repeal of the Act that he has failed to appreciate its will mean the emancipation of a very 3148 7 Cnrmnal Tribes Laws 28 FEBRUARY 1952 Indian Tariff (Amend- 1488 (Repenl) Bii; ment) Bill large number of people from the Mr. Chairman: The question is: tyranny of the police. “That the Bill, as amended, be My friend gave a wrong impression passed.*' 'to the House that the alternative pro- The motion was adopted. Arision will be something akin to the •Criminal Tribes Act and will subject some of our countrymen to the INDIAN TARIFF (AMENDMENT) tyranny of the police. It is a very good BILL !Jneasure and we should not detract The Minister of Commerce and *from the value of it. I congratulate dustry (Shri Mahtab): I beg to move: •the Minister again and beg of the ■House to pass the Bill with acclama- “That the Bill further to amend *tion. the Indian Tariff Act, 1934, be taken into consideration.'* iTw As the hon.' Members will have ^ ’»TT I arfiiv observed from-the statement of ob­ jects and reasons, the purpose of the ^ \ v w P m Bill is to grant protection to certain industries and to continue protection ^ PfT TT to certain others on the recommenda­ tion of the Tariff Board. The facto aftr ^ ^ 4M\i j I 8rr^ in regard to most of these industriee will be found in the notes which have ^ 11 ^ n circulated to hon. Member*. There are only three industries to which it is proposed to grant protec­ I ^ vrif % ^ tion for the first time. They are all comparatively new industries and the TarifT Board have gone into their cases very thoroughly. As regards ^ 3 T t7 :^ 5 :R r the remaining 14 industries, it is pro­ posed that the protection given to them should continue. The period of protection of these industries expired on the 31st December, 1951. As it was not possible to introduce legisla­ ^rm^TT v m : i m w tion before that date a notification was issued under section 3A of the Tariff Act the effect of which was to continue beyond 31st December, 1951 the rates «ftr ^vttt ^ ^ I of duty in force on that date in rea- [Babv Ramnarayan Singh (Bihar); pect of these industries. In accordance Ihfadam, I propose to speak for a with the provisions of that section a minuie and no more. I have ever Bill is required to be introduced In lt>een eagerly awaiting an opportunity Parliament, within ^fteen days of ito -when I could express my pleasure on re-assembly, in order to continue tte .isome action of the Government and duties imposed under the notiflQation. «offer them my congratulations. By This Bill has been introduced in con­ Ihe grace of God that opportunity has formity with the provisions of that

[Sh ri Mahtab] war years and also due to the parti­ time the Commission finds that the tion of the country India has Teased to - Quantum of protection accorded to be primarily an exporter of raw any industry has for any reason materials; she is now more or less an become inadequate or excessive it will exporter of industrial goods and as be open to it to recommend to Gov- such our trade relations with the ernn^ent that the duty be suitably United Kingdom have radically chang- - modified. This could then be done ed. Also, as regards imports we are • by notification under section 4(1) of now an importer of ra w materials. I the Tariff Act. am not quotins; the exact language of' the Fiscal. Commission, but these are • ^ I have nothing more to say. This the findings of the Conmiission. In is more or less a formal Bill which I view of all these things, the volume hope the House will pass. of both our export and import trade Shrl Kamath (Madhya Pradesh): with the United Kingdom has decreas­ Without arty discussion. ed and there has been a good deal of diversion of our export and import Mr. Chairman: Motion moved: trade to other countries, primarily to the Unite States. The United States : “That the Bill further to amend of Amrica is now one of India’s the Indian Tariff Act, 1934, be largest markets and as everyone knows taken into consideration.** India, just as almost all other Shrl A. C^Guha (West Bengal): The countries, is eager to have more of principle of this Bill was discussed in dollars. It is to our interest to foster • this House rather elaborately but 1 our trade relations with and to in­ would like to draw the hon. Minister's crease our exports to the United ; attention to certain things which came State:^. Imperial preference may act up before this House in March, 1951. as a hinderancG to that. Some Members then pointed out to the Government the Question of con­ In view of these changed circum- - tinuation of Imperial Preference in stances. I shouM like to bring to the * some form or other. According to notice of the House the question whe­ tbe IndO'British Trade Agreement of ther it is desirable even now to con- - 1939 we are bound even now to give tinue the policv of Imperial Pre-- some concessions to articles coming ference. On 6th February last year,- not only from the United Kingdom in reply to a question it was stated^ but also from any colonies under the in this House on behalf of the Minister:* United Kingdom. Even though the of Commerce and Industry: tariff is a protective tariff we are bound to give some preference to the ‘The question of contimrance or * United Kingdom and the Common­ otherwise of the preferences grant­ wealth countries. ed under the United Kingdom' Trade Agreement of 1939 has - This question of continuing the been examined by the Fiscal Com- - Imperial Preference was discussed by mission who have recommended i the Fiscal Commission as one of the that negotiations with the United:' terms of reference to it and the Kingdom and the colonies should Fiscal Commission's recommendation be initiated for review of the was that since the Trade Agreement whole position. The commission’s: was enacted in 1939, which was also recommendations are at present : a continuation of the notorious Ottawa under examination.” Pact, things have changed radically and there has been a great deal of Then again, during the course of'" diversion of India's export and import discussion in the House last year, the • trade from the Unitd Kinegdom and the Government took the stand that it Commonwealth countries to other was too early to come to any decision countries. The Commission recom­ regarding the recommendations of the mended that in the light of the situa­ Fiscal Commission vis-a-vis the re­ tion revealed the whole trade agree­ consideration and review of the Indo- ment should be reviewed and reconsi­ British Trade Agreement. Although : dered. • ^ the Fiscal Commission’s Report was ' 'submitted in July 1950, Govemmpnt were of this view in March 1951. We After the attainment of indepen­ are now nearing March 1952 and* dence and the partition of India the nearly two years have elapsed ?ince position of India in the business world the submission of the Report. We do has radically changed. Before partition not know if Government have taken and before the last war India was any steps to review that Trade Agree­ more Or less an exporter of raw ment and re-adtust it to the changed ' materialfe, but due to some amount of conditions that have been brought be­ Industrial development during the fore the House and the Grl>vcmment*“ Jd491 Indian Tariff 28 FEBRUARY 1952 (Amendment) Bill 1492

'hy the Fiscal Commission. I am be started in view of the changed sure that the Government political conditions. must also have been aware of the trends of our trade relations and the Shri A. C. Guha: Not only political changes already e/Tected therein. We conditions, but also economic condi­ would like to have some ligjjt as to tions to which the Fiscal Commission when the Government intend to review has invited attention. this Trade Agreement. Shri Mahtab: Yes» we have been re­ viewing the Trade Agreements now As far as I remember, while we re­ and then and if the hon. Members will newed that Trade Agreement after remember, on many occasions ques­ partition, Pakistan did not renew it tions regarding the bilateral and other in spite of the fact that Pakistan still Trade Agreements were put in this continued to be an exporter of raw House and I do not think the House is materials. . Does it mean that the not in possession of sufficient informa­ conditions which made the Govern­ tion with regard to them. I made ment of India to enter into that Indo- it clear on the last occasion and I may British Trade Agreement were appli­ make it clear now also that these cable only to India and not to Trade Agreements are considered on Pakistan? However, if my memory their own merits and if any particular serves me aright, the fact remains Trade Agreement goes against Indians that Pakistan did not enter into the commercial interests, either it is re» Trade Agreement as India did in 1948­ newed or it is scrapped. Whatever 49 or 1950. steps are required to be taken are Now, coming to the items referred taken in India’s commercial interest. to in the Bill, there is one ‘Iro n and The change which has taken place is steel hoops”. In regard to this, we always before the Government and the i!nd from the note circulated to us public jand all of us know the trend of that the protection was given in 1948 the change which has taken place and it was conditional on the fulfil­ after partition. In view of that, a ment of certain requirements by the recent review was giade. It showed 'industry which have not yet been ful­ that this particular Trade Agreement filled by the manufacturers. So even has not yet hit our commercial in 1952 we find that the industry has interests. As soon as it is found that not been abl© to fulfil (hose required our interests are affected, the position ^‘onditions. We do not know what will be immediately reviewed and if "those required conditions were; and necessary the Trade Agreement will be in spite of the industry’s failure to scrapped. There will be no objection 'satisfy them we are asked by the hon. to that. I personally looked into the Minister to renew the protection. May working of the Agreement in order to I ask the hon. Minister to let us know, see whether it works against oi^ what those conditions were? Why the interests or not. The point here is industry has failed to fulfil them? And that we have to convince ourselves when does the Government expect that a particular Trade Agreement that the industry will be able to fulfil goes against our interests. them? The protection has been there -for the last four years, i.e. from 1948 The hon. Member has rightly refer­ to 1952, and if the conditions have not red to Pakistan’s attitude towards the ^een fulfilled during this period. I do Agreement. As the hon. Member not see any purpose in continuing the knows. Pakistan and we are not on the protection to this industry. same footing because of the currency question. We happen to belong to With these few words. I would like the sterling area and we have devalu­ ■to conclude my observations. ed our currency. Therefore, Pakistan and we are not on all fours and there Shri Mahtab: With regard to the is a considerable difference between Urst point which the hon. Member has Us so far as the Trade Agreements are raised i.e., our Trade Agreement with concerned. Apart from that, I may Britain, I explained on the occasion assure hon. Members that not a single referred to by the hon. Member him­ minute will be lost in reviewing the self that these Agreements are no position and either renewing the longer a political question but they Agreements or, if necessary, scrapping are merely economic questions which them when at any time it is found that ^ e deal with from day to day. It is these Agreements are going against true that the Fiscal Commission re­ our commercial interest*. commended that the Trade Agreements with Britain and other countries Regarding the otlier point to which should be reviewed and the old Trade the hon. Member has drawn attention, . Agreements which had been entered I may state the position as it is toda.v. Into under certain political conditions The iron and steel hoops industry wa« should be changed. Therefore, it originally granted protection in 1948. -was suggested that negotiations should It is more or less the private concern 149 3 Indian Tariff (Amend- 28 FEBRUARY 1952 Presidential and Vice-Presi- H 9# ment) Bill dential Electiana^ BiK [Shri Mahtab] of J. K. Iron 8l Steel Co., Kanpur. Shri Mahtab: I beg to move: These hoops are an important neces­ sity for an industry mainly situated in “That the Bill be passed.” Bengal and at that time the Govern­ ment, on the recommendation of the Mr. Chairman: The question is: Tariff Board, considered it desirable “That the Bill be passed.” that the hoops should be manufactured somewhere near that industry. The The motion was adopted. grant of protection was therefore de­ cided upon, but it was subjected to these conditions: (a) that the manu­ facturers should shift their factories to PRESIDENTIAL AND VICE-PRESI­ Asansol or Calcutta; and (b) that they DENTIAL ELECTIONS BILL should convert themselves into a public limited company. Unfortunate­ The Minister of Home Affairs andl ly, these two conditions have not been Law (Dr. Katju): I beg to move: fulfilled by the proprietor of the con­ “That the Bill to regulate certain cern. . Apart from the shifting of the matters relating to or connected site, there is the other point that they with elections to the offices of must convert themselves into a public President and Vice-President of limited company. If any protection India, as reported by the Select. is to be given to an industry, it must Committee be taken into con­ come under some law. Otherwise, Gov­ sideration.” ernment will not have any control over that industry in any shape or It is a matter of great personal form. I think these two conditions gratification to me that the Select were salutary conditions which .should Committee has been able to present a- be carried out by this industry. It is unanimous report and as a result of reported that the explanation of the its labours, the procedure has beenr industry is that it^ tried its utmost to very much simplified. I can also give And a suitable site in Calcutta or straight ofl’ an assurance that, in so Asansol and because it could not find far as we can make it in the rules,, a suitable site, it could not fulfil these the procedure, will be further simpli­ conditions. It is now reported that fied and particularly I shall see to it these people have found out a site that the nomination oaper, if I may , and verv soon they will shift the use that expression, is made almost industry there and carry out the other fool-proof, so that in no event shall condition also. Therefore, for the there ever be a rejection of a nomi­ Xmrpose of giving them protection, nation paper on a pure technicality. whenever these conditions are fulfiled, a notification will be issued. ‘ Now some amendments have beea tabled. The House will no doubt take- I n eed not go into the cases of other them into consideration. But I may industries which have been explained say that we have ventured to follow, in the note. The note was circulated so far as we can, the language of the* with a view to giving hon. Members Representation of the People Act. The the inside stores of these industries. amendments really fall into three Since the first point related to a ques­ categories. There is some anxiety tion of policy, I explained the posi­ that a candidate nominated may die tion and T repeat it here that these within twenty four hours of the nomi­ agreements are under constant review nation and the date of the scrutiny. and whenever any agreement with any Fortunately no such instance has. Government, including the British arisen during the last General Elec­ Government, comes in the way of our tions and the language as it stands in commercial and trade developments, the Bill and as it has been adopted by the Select Comm ii. tee really follows the they will be reviewed and adjusted language of Section 52 of the Repre­ and if necessary even scrapped. sentation of the People Act. I would venture to suggest that we follow that Bir. Chairman: The question is: language. The scrutiny will be al­ most within twenty-four hours. “That the Bill further to amend the Indian Tariff Act, 1934, be Shri J. R. Kapoor (Uttar Pradesh): taken into consideration.” Seventy-two hours. The motion «jvas adopted. Dr. KatJu: So there is reaWy n o danger about it. Clauses 1 and 2 were added to the Bill. There are two other amendment*- The Title and the Enacting Formula One is about the wrongful were added to the Bill. rejection or wrongful accepts 149 5 Presidential and Vice- 28 FEBRUARY 1^52 PresidenHal Elections Bill

of a nomination paper. I auite see during the intervening period of three* that in the way in which it is put in days. Great though may be the power the Bill it may fiive rise to some mis­ of the Government or the hon. Minister apprehension. The amendment sug­ I wonder if even he can claim that gested will clarify the position. We they can control accidents for so long; were under the impression that every as full three days. I may in this- court will decide that an election has connection mention that during the - been materially affected by wrongful last elections one of our worthy^ rejection or wrongful acceptance. But Colleagues. Thakur Lai Singh died as it might be made clear. a result of an accident which he met Thirdly, there is some amendment as he was going to present his^ ^about what is known as recriminatory nomination paper. petition. That is provided for in section 97 of the Representation of the Dr. Katju: Was it before the filing ofr People Act. We were under the im­ nomination paper or after it? pression—I think the Select Committee Shri J, R. Kapoor: But the accidenir also thought so—that the Supreme can take place immediately after the Court will provide for those matters in nomination paper is filed. So far as^ the rules which it will frame. But I the Representation of the People Act have no objection to our making it is- Concerned we have there a provi­ clear in the Act itself that no candi­ sion to the effect that fresh nomina­ date is to be declared successful mere­ tions will be called for only if death, ly on the ground that he has polled a takes place after the scrutiny. So far larger number of votes, if that candi­ as the election of the President and* date has been guilty of wrongful Vice-President is concerned the circum­ practice. stances are different. In the case of' I do not wish to take any more time. ordinary elections to the House of the It is now an agreed measure so to say People or the Assembly a large number and I hope the House will pass it soon. of candidates file their nomination* papers, and it may be said that who­ Mr. Chairman: Motioft moved: soever wants to stand will file his^ nomination paper. But here, whea “That the Bill to regulate we have an election for such a high' certain matters relating to or con­ d ig n ita r y as the President or Vice­ nected with elections to the offtces President, many candidates will not* of President and Vice-President of file nominations merely because of the- India, as reported by the Select fact that a prominent personality is al­ Committee be taken into con­ ready going to file his nomination;' sideration.” paper. Shri J. R. Kapoor: I appreciate very much the report of the Select Com­ 12 Noon mittee which has simplified to a con­ To illustrate my point may I sub­ siderable extent the procedure of mit that these candidates would very< election of the President and the Vice­ likely be put up by various parties, President. There are only two points and there may be two or three parties with reference to which I have tabled which may put up their candidates. amcndment.s and 'with regard to which One party would put up only one- the hon. Minister in charge of the Bill candidate. and I do not think any has been pleased to make some dummy candidate is going to be put" reference. up for these elections. If the nomi­ nation paper of the candidate of one My llrst amendment is that if after such party is filed and unfortunately the nomination papers have been filed that candidate meets with an accident a candidate dies, then fresh nomina­ and dies, and if no fresh opportunity tions shall be called for. It was is provided to that party to put up pointed out by the hon. Minister that another candidate, it will be in a very there is already a provision in the Bill difficult predicament and that party to the effect that if a candidate dies will be absolutely out of the field. I after th« time of scrutiny then fresh therefore submit that in the interest of nominations .shall be called for. Bet­ a proper election of the President and' ween the time of nomination and the Vice-President my suggestion scrutiny, according to his impression, should be y^ccepted. Nothing is lost there are barely twenty-four hours. I / thereby and very much is to be gained. would draw his attention to sub­ While enacting legislation we must^ clause (b) of clause 4 of the Bill make necess^irv provision to cover all according to which the time that may possible contingenteies. This is one intervene between nomination and point. scrutiny is as much as full three davs. I do not know if even the hon. the My second point is that provision Law Minister can claim that he can m u s t be made for recriminatory pro­ control the destiny of the candidates ceedings. Of course hon. Dr. Katjttr W49 7 Presidential vmaWice- 28 FEBRUARY 1952 Presidential Elections Bill U98

[Sh ri J. R. KapoarJ !has beeii pleased to ^ay that he is said that the result might have been going to accept that amendment and I materially affected. But in regard to therefore need not say thing further (ii) this need not be predicated before on that point. I would only like to the election is declared void, because submit that it is necessary to in- when the nomination paper of a per­ • corporate it because it cannot be left son which is not entitled to be accept­ * * to the Supreme Court to make any ed is received there is such an injury such provision because I think accord­ that no material effect on the result of ing to the wording of clause 19 of the the election need be proved. I can Bill it will not be open to the Supreme understand and I congratulate the hon. Court to make any such provision. the Home Minister when he said that " The wording of clause 19 .is very de­ he will make nomination quite fool­ finite and specific to the effect that if proof so that on a mere technical a petitioner claims a seat and if the ground no nomination will be rejected. returned candidate’s election is declar­ I welcome that statement so far , as it ed void, all that the Supreme Court goes. But it may happen that so far will have to look into is whether the as the qualifications or the disqulifica- person claiming the seat has secur^ a tions of a candidate are concerned they majority of votes or not: the Supreme may be such that in respect of them Court, according to clause 19, would s o m e mistake might have been made be prevented from entering into the by the returning officer in so far as ‘question as to whether the person nomination is concerned. Nomination claiming the seat was guilty of any is a m atter of very vital concern. corrupt practice as mentioned in this Suppose a j^erson is entitled and he Bill. I therefore submit that to place is not allowed to contest. Such an things beyond any shadow of doubt it i n j u r y is inflicted on that pc'rjjon that should be specifically provided in the it cannot be said that he should prove Act itself that if a nerson who claims that there has heen any material effect the seat is found guilty of any corrupt upon the elections. By itself the pratice he shall noft have the advantage result is so clear that it should be r^ of bein? declared elected. That is all garded as one of the grounds on which that I have to submit. the Supreme Court should declare the election v o id . Suppose a person is Pandit Thakur Das Bhargava (Pun- wrongly allowed to contest—^he might iab): I congratulate the hon. Home be the best of men—he might be liable Minister on his having secured such a under the disqualification, and the "beautiful report of the Select Com­ returning officer might not accept it mittee which leaves nothing to be de­ as a f'ood ground. Therefore, when sired. If I intervene in the debate it you allow the election petition to be is only to submit for his consideration made on this ftround you should say two or three points in respect of which as a matter of fact that the result need these amendments have been tabled. not be materially affected. I know we made a mistake so far as the Repre­ In regard to the two points made by sentation of the People Act was con­ my hon. friend Mr. Jaspat Roy Kapoor cerned. and we have the words there. I am in entire agreement with him But there also the wording will be •that in these two respects the' Bill changed in course of time. As a matter should be amended. In so far as my of fnct it is entirely wrong on nrinciple amendment is concerned I have to to link the improper acceptance or submit one worrt for thp consideration rei^ction o^ nomination with its of the hon. the Home Minister. I or materially affecting the result. Ther^ agree that so far as clause 18 is con­ fore, far as that is concerned this cerned, (b) (i), (b) (iii) and (b) (fv) a m e n d m e n t mny be accepted. With are certainly matters which require these words I support the measure. determination by the court if the result Dr Katju: I ihought, I had indicat­ of the election has been materially ed that I WAS quite in sympathv with affected. It is quite true, because I the amendments tabled bv my hon. can understand that so far as (i) is friend Pandit Thakur Dns Ph«r

Dr. Katju: There is no harm. withdrawal form, they must go there personally and not send it by post. Dr. Tek Chand: Then accept it. Dr. Katju: I think it is unessential. Dr. Katju: I will accept it if you Probably it is implied. Therefore I like. I will take your advice. But I ask him to withdraw it. want to point out to the House what will happen—not in this election but Shri jr. R. Kapoor: It need not bd in future elections. There may be a put to vote then. danger of some people actually nomi­ Mr. Chairman: The question is; nating dying men and thereby there may be a deadlock always. You must “That clause 6 stand part of the consider this point. Peojfle may die BiD.” within forty-eight hours. Nobody can The motion was adopted. say. I may die Just now! Byt the other danger is that people who are Clause 6 was added to the Bill. anxious not to have a President may go on nominating dying men ...... Clause 1.—(Death of candidate before poll) Dr. Pattabhi (Madras); They must discover them! Shri J. R. Kapoor: I beg to move: Pandit Thakur Das Bhargava: He In page 3, lines 17 to 19. for “If a may recover! candidate who has been duly nominated Dr. Katju: almost corpses. If the under this Act dies after the date House is satisfied that there is no such fixed for the scrutiny of nominations” danger and it is all imaginary ...... substitute; Shri J. R. Kapoor: The electors here “If a candidate whose nomina­ will be responsible elected Members of tion has been made and is found the Assembly or Parliament and not to be in order on scrutiny dies frivolous people. after the time fixed for nomina­ tion.** Dr. Katju: I am a little wiser in these matters than yourself. Therefore I need not say anything further on I suggest you leave it as it is. But if the subject because it is going to be my hon. friend Dr. Bakshi Tek Chand accepted now by the hon. Law Minister says it should be accepted, I am I need on this occasion only thank not perfectly willing to do so. so much the hon. the Law Minister but my hon. colleague Dr. Tek Chand on Dr. Tek Chand: Kindly do it. whose support it is going to be accept­ Dr. Katju: I take your judicial ed. advice. Dr. Katju: I have appeared before Mr. Chairman: The Question is: Dr. Tek Chand in another capacity “That the Bill to regulate and I hav3 always followed him in his certain matters relating to or con­ judicial advice. nected with elections to the offices of President and Vice-President of Shri Venkataraman (Madras): I India, as reported by the Select want to say something which may go Committee be taken into con­ against the acceptance of this amend­ sideration.'* ment. The words which my hon. friend, Mr. Kapoor wants to in­ The motion was adopted. corporate are in place of the following: “If a candidate who has been duly Clauses 2 to 5 were added to the Bill. nominated under this Act dies after the date fixed for the scrutiny of nomi­ Clause 6.—(Withdrawal of nations”. What Mr. Kapoor wants is candidature) that the moment a person has been Shri J. R. Kapoor: I beg to move: nominated and he dies before the date fixed for the scrutiny, then there must In page 3, line 6, after “seconder” be another opportunity for some other insert “in person’*. person to file the nomination paper. If This is only to make it clear as to he dies after the scrutiny is over, then how the withdrawal is to be made. If he will be protected by the clause as it it is to be made by the proposer or stands. l^e clause now states *'If a the seconder—just as we have provid­ candidate who has been duly nominat­ ed in the case of the candidate him­ ed imder this Act dies after the date self, i.e., if he wants to withdraw, he fixed for the scrutiny.** The language must go there personally—we must of Mr. Kapoor is the same as it is in also make it clear that the proposer the present one. I request you to kindly look into the language of the and seconder if they are going with the two. The same words are here ^after 417 PSD 1601 Presidential and Vice- 28 FEBRUARY 1952 Presidential Elections Bill 1602

[Sh ri Venkataraman] the date flxed for the scrutiny\ It Shri Barman: My submission is that must be before the time fixed, for the after the votes are taken, then the scrutiny of nomination. counting automatically has got to be done. So, it is not contingent upon Shri J. R. Kapoor: My amendment is any other circumstance. My submis­ perfectly clear and the substituted words should be “If a candidate whose sion is that whereas these words are nomination has been made and is found very essential in clause 9, it is absolute­ to oe in order on scrutiny dies after ly unnecessary or redundant in clause the time fixed for nomination.** There 10. As soon as the votes are taken seems to have been some confusion the counting has to be made. So the created in the mind of my hon. friend, words “At every election where a poll if I may say so with due respect and is taken** need not be repeated and tiiey this is because of the use of the words are absolutely redundant. “is founfii to be in order on scrutiny*’. Then I come to clause 11, which The object is that if a person dies after reads as follows: the nomination, then the scrutiny will take place and if on scrutiny it is found “When the counting of the votes that the nomination of the candidate has been completed, the Returning who is dead was in order then and Officer shall forthwith declare the then alone fresh nomination should be result of the election in the manner called for. Otherwise, even if he provided by this Act or the rules were alive and on scrutiny his nomi­ made thereunder.** nation were found invalid, there would My submission is that there is no be no occasion for fresh nomination. other provision made in this Act as Di. Katju: That puts it very clearly. regards the declaration of results. How do these words fit in this Act. This Act Mr. Ohairman: The question is: at no other part makes any provision for the declaration of results. This is In page 3, lines 17 to 19,—/or “If a meaningless. The purpose will be candidate who has been duly nominat­ served if the existing words “provided ed under this Act dies after the date by this Act or the rules made there­ fixed for the scrutiny of nominations** under** are substituted by the words substitute: “provided by rules made under this Act.** “If a candidate whose nomina­ tion has been made and is found to Then in clause 12 I submit that in­ be in order on scrutiny dies after stead of saying “the Returning Officer the time fixed for nomination.** shall report the result to the Central Government and the Election Commis­ The motion was adopted. sion** the word ‘to* should be inserted after “Central Government” and I Mr. Chairman: The question is: think that will make the meaning more clear. “That clause 7, as amended, stand part of the Bill.** Dr. I submit that the objec­ tion which has been taken to the words The motion was adopted. in clauses 10 and 11 are really not well- Clause 7, as amended, was added to founded. That is the language which is necessary in the context and so far the Bill. as the reference to the Act is concern­ Clauses 8 to 9 were added to the Bill. ed, it is always a saving clause which is inserted to provide for all con­ Clauses 10 to 17 tingencies and so far as clause 12 is Shri Barman (West Bengal): I would concerned, I am not an authority in like to say a few words on clauses 10, English but I should have thought 11 and 12. All these amendments that the Returning Officer shall report that have been sent today are very the result to the Central Government formal but I still want the hon. Minis- and the Election Commissioner. It tejr to consider them. makes it quite clear that it applies to both. Therefore, I submit that these In Clause 10, I suggest the deletion three amendments should not be ac­ of the words “at every election where cepted. a poll is tfiken.*’ To my mind these words are absolutely unnecessary. It Mr. Chairman; The question is: is, of course, necessary in the case of “That clauses 10 to 17 stand part clause 9 where the votes are taken. of the Bill.** The motion, was adopted. Dr. KatJu: I think it is purely formal. The words ought to stand. Clauses 10 to 17 were added to the Bill. l50ZPre$idential and Vtce-Presi 28 FEBRUARY 1952 Contempt of 1504 dential Elections Bill Courts Bill Clause 18 .— (Grounds for declaring DELHI SPECIAL POLICE elections void) ESTABLISHMENT (AMEND­ Amendment made: MENT) BILL. In page 5, omit lines 47 and 48. The Minister of H(Mnc Affairs and Law (Dr. KatJu): I beg to move: — [Pandit Thakur Das Bhargavd] “That the Bill further to amend Further amendment made: the Delhi Special Police Establish­ ment Act, 1946, be taken into con­ In page 6. (1) line 3, after “Act” sideration.** add (ii) after line 3, insert: “(c) that the nomination of any This is a non-contentious measure. candidate has been wrongly re­ The reason for the introduction of the jected or the nomination of the measure is set out in the Statement of successful candidate or of any Objects and Reasons. The ’ main other candidate who has not with­ purpose is to extend the operational drawn his candidature has been jurisdiction of the Delhi Special Police wrongly accepted;*' Establishment, We want to extend it — [Pandit Thakur Das Bhargava] by amendment of the existing Act to corporations and other bodies set up Mr. Chairman: The question is: and financed by the Government of India and departments of the adminis­ 'That clause 18, as amended, trations in Centrally Adminislieiied stand part of the Bill.** States. The Act as it stands is limited The motion was adopted. to the Delhi State. We want to ex­ tend it to all the Centrally Adminis­ Clause 18, as amended, was added to tered States known as Part C States. the Bill. I do not want to take up the time of the House unnecessarily. I hope that Clause 19. —(Grounds for declaration the motion will be accepted. etc.) Mr. Chairman: The question is: Amendment made: “That the Bill further to amend In page 6, after line 18, add: the Delhi Special Police Establish­ ment Act, 1946, be taken into con­ “Provided that the petitioner or sideration.** such other candidate shall not be declared to be duly elected if it is The motion was adopted. proved that the election of such candidate would have been void il Clauses 1 to 6 were added to the Bill. he had been the returned candi­ The Title and the Enactinu Formula date and a petition had been were added to the Bill. presented calling in question his election.** Dr. Katju: I beg to move: —[Shri J. R. Kapoor] “That the Bill be passed.** Mr. Chairman: The questibn is: Mr. Chairman: The question is: “That clause 19, as amended, “That the Bill be passed.** stand part of the Bill.** The motion was adopted. The motion was adopted. Clause 19, as amended, was added to the Bill. CONTEMPT OF COURTS BILL. The Minister of Home Affairs and Clauses 20 to 23 were added to the Bill. Law (Dr. Katju): I beg to move: Clause 1 was added to the Bill. “That the Bill to define and The Title and the Enacting Formula limit the powers of certain courts were added to the Bill. in punishing contempts of courts be taken into consideration.** Dr. Katju: I beg to move: Here again, the point raised is a “That the Bill, as amended, be short one and to lawyers it has been passed.** of great interest for many many years. But, as set out in the Statement of Mr. Chairman: The question is: Objects and Reasons, some dimculty is “That the Bill, as amended, be felt about punishment for contempt of courts. High Courts are courts of re­ passed.” cord and occupy very deservedly the The motion was adopted. highest place in our estimation. It has ^505 Contempt of 28 FEBRUARY 1952 Courts BUI 1 5 0 6

[Dr. Katju] happened that contempt of a High open to criticism. It is criticism which Court is committed by people living keeps them straight. Whoever he be, outside the jurisdiction, and nothing a despotic monarch or a democratic can be done to check such abuses. The autocrat—^you may say that democracy object of this Bill is to confer power and an autocrat are contradiction in upon the High Court to punish con­ terms; but I can conceive of persons tempts by people whether livmg with­ who can answer this description—is in its jurisdiction or within the Indian kept straight if there is opposition. Union anywhere, outside their terri­ Even in this House, when the Elections torial jurisdiction, and also for their were going on, we were hearing our contempt of courts subordinate to it. leaders say that there should be a That is the object of the Bill. I hope strong opposition. Human nature be­ it will commend itself to the House. ing what it is, this human nature has got to be kept straight. Therefore the Mr, Chairman: The question is: point to be ronsidered now is whether “That the Bill to define and we should agree to confer the extra limit the powers of certain courts territorial jurisdiction on the hir in punishing contempts of courts, court. The high court will, as a be taken into consideration/* matter of fact, be judge in its own The motion was adopted. ?aus« and tTiat is a rare thing in Law —a judge to be the judge on his own Mr. Chairman: There are no amend­ cause. If we had not given this Jurisdic­ ments to 1 al *). I will pyt tion so far, we have been justified. It clauses 1 to 6 and the schedule. is an exceptional measure that we are passing and I am therefore, wavering Pandit Thakur Das Bhargava (Pun­ in my own mind whether to agree to jab): I should think that if the Chair this extension of jurisdiction or will kindly put clauses 1 to 4 first and I would verv much like to hear the then the contentious clause about hon. Home Minister on this question jurisdiction, it would be better. and have his advice whi^^h weighs v e r y Clause 1 to 4 were added to the Bill. much with me nnd also Dr. Tek Chand Find !^>nch nther hon. Members who Clause 5.— (Power of High Court etc.) have to express some views on this Pandit Tbeikur Das Bhargava: I p o in t. T w'">i’M like hnve the benefit have not given notice ol any amend­ of hearing them before casting my ment. I am myself wavering in my vote. mind. 1 only wanted to hear the hon. Dr. Tek Chand (Punjab)- I havo Minister and Dr. Tek Chand on this been specially asked by my hon. question and so I’ar as voting is con­ fricnrS Pandit Thakur Das Phprgava cerned. 1 shall be guideu by their just now to speak and I shall offer a advice. few remarks. I have not been abio lo make up There is somethin? in What Pandit my mind whe'.her I shouid agree to Thakur Das Bhargava says; but it support clause 5 Clause 5 speaks of must be borne in mmd that if there extra-territorial jurisdiction. It is, as is crvr.temot of court within fhp terri- a matter of fact, a new clause. While I torv*^] limits of a High Court. is the also hold the High Courts of our high court which has iur?«diction to country in great esteem and I am very with the matter. The Hi^h Court anxious that their reputation should is the prosecutor and the Judge. remain very high, I feel, when there Tf ihn ^nwer ha?5 to he retained there is a Supreme Court in the country is no reason why it should not be sitting in Delhi, there is no .iu 3tifi<^n- exercis'^d extra-territorially. Supposing tion for this provision that the Hiph an article in published in Bombay, Courts should have extra-territorial which amounts to ?ross contempt of jurisdiction. Ordinarily I should think the High Court of Madras, at present that contompt of anv court is undesir­ there is no remedy. This Bill, if able. So far as the High Court is passed, will provide a remedy and the concerned, contempt of a High C o u r t Hi?h Court of Madras can then issue is

Dr. Tek Chand: Docs hon. friend people living in their jurisdiction on want to go straight to the Supreme contempt proceedings, but that ii th^5 Court*: contempt is committed, say across tne boraer from Ghaziaouu or OKnia in Pandit Thakur Das Bharffava: In Delhi, then the Allahabad Higa Court such a case where there is extra-terri- is not to be trusted. The matter lonal jurisdiction involved, the matter really stands on a different basis. The may be decided by the Supreme Court. basis is that the high courts occupy Dr. Tek Chand: My hon. friend con­ a very very important place in our cedes mat there must be provision to national and political set-up and to punish a person who has committed compare the judges of high courts or contempt outsiae a particular High of the Supreme Court or any judicial Court’s jurisdiction. He admits that at officer, with executive officers from the present there is a lacuna in the Law. Ministers downwards or with poli­ and there must be some provision ticians and so on, is not correct. I am made. The jurisdiction should be talking almost of platitudes; but the either in the! High Court against which court is the palladium of liberty and the contempt ot court is committed t>r it should inspire confidence and it in the Supreme Court. We have to does inspire confidence. We must choose between these two and some maintain its dignity. Judges cannot appropriate remedy must be provided. defend themselves like Ministers or It is quite clear that the present posi­ like other politicians or Members of tion is quite unsatisfactory. If some­ this House. They cannot indulge in thing is published from outside which recriminations and I have authority to is contemptuous of the court of Delhi, say that judges are most reluctant to that court or the High Court under take action under the contempt which the Delhi court is working ha? j^urisdiction. It is only in flagrant no jurisdiction. Obviously, this is i « cases that they do so. But they must most unsatisfactory position and some have the power to punish the contemot remedy has to be found. The only and I do not like this idea of the question is, are you to go straight to Supreme Court being called in. I do the Supreme Court or to the.High not like judges of High Courts in India Court concerned? Considering both should go elsewhere and appear as the alternatives, I am of the opinion complainants or petitioners in the that what is proposed in the Bill is Supreme Court and say, “Do please the better course. If vou go to the protect us, our honour has been as­ Supreme Court, it will be on the sailed”. So far as instances are con­ original side of that Court and there cerned we know of many instances of will be more expense and delay. people of standing committing gross Furthei if you give jurisdiction to contempt. And we know that we the High Court as is proposed in the have got a press which we all honour Bill, the aggrieved party will have a greatly and it has an all-India jurisdic­ right of appeal to the S u p re m e Court. tion and people of all-India importance The n)atter can thus come up before should be cautious so far as Judicial the highest court also. It is proper that matters are concerned, or so far as the court of which the contempt is High Courts are concerned. They committed should, as in every other should be careful. And I do not case, have jurisdicyon to try the want papers published in one jurisdic­ matter. Therefore, though there is tion should have less liberty than papers published outside that Jurisdic- something to be said for what Pandit ‘tion. Papers published outside the Thakur Das Bhargava has said my jurisdiction should have even a greater opinion is that considering everjrthmg, sense of responsibility about these the Bill, as' introduced, should be matters. Therefore I am compelled supported. to differ from my hon. friend Pandit Or. Katja: I am gratified to hear Bhargava. what my hon. friend Dr. Tek Chand Pandit Thakor Das Bhargava: I only has said because the point raised by wanted advice. I am not opposing any my hon. friend Pandit Thakur Dm thinj?. . Is wrong to have this jurisdiction and Bhargava is really of fundamental Dr. Katju: Then my advise Is that importance. There is no question the hon. Member should withdraw hfs of judges being complainants in their opposltlotL own cause. If the position is that it if it is to be taken away from that Pandit Thaknr Das Bhargava: There court, then It is better to take it away fs no opposition altogether. T cannot possibly see any reason why it should be justifiable, Mr. Chairman: The question Is: for instance for the judges of the Allahebad High Court—that is the ‘That clause 5 stand part of the court T am more familiar—to b^ able Bill.- to punish six crores and 30 lakhs 01 The motion was adopted. 1 6 0 9 Contempt of Courts 28 FEBRUARY 1952 Code of Criminal Proce­ 1510 . Bill dure (Amendment) Bill Clause 5 was added to the Bill. be easily obtained that opportunity be availed of to extend our Act there. Clause 6 was added to the Bill. Dr. KatJu: It is really unnecessary The Schedule was added to the Bill. to reply to this, because as you, Clause 1 was added to the Bill. Madam, have been pleased to point this exception has .occurred in a large The Title and the Enacting Formula number of Bills and it raises high were added to the Bill. questions. Of course we will bear in mind what the hon. Member has said. Dr. Katju: I beg to move; Mr. Chairman: The question is: ‘T h at the Bill be passed.*^ Mr. Chairman: Motion moved: “That the Bill be passed.** “That the BUI be passed.** The motion was adopted.

Shrl J. R. Kapoor (Uttar Pradesh): CODE OF CRIMINAL PROCEDURE On this occasion, though it is a belated (AMENDMENT) BILL one, I have only one submission to make lor the consideration of the hon. The Minister of Home Affairs and Law Minister and it is that useful and Law (Dr. Katju): I beg to move: necessary as this measure is, it might as well have been considered seriously “That the Bill further to amend why it should not be extended to the the Code of Criminal Procedure, State of Jammu and Kashmir. Of 1898, be taken into consideration.** course, I realise that it cannot straight­ away be applied to that State, but the I should like to begin by congratulat­ necessary steps might have been taken ing the House, because this is a Bill to consult the government of that which really in substance originated State and their consent obtained so on the floor of this House. Last year that the very salutary provisions of a Bill was under discussion which this Bill might be extended to that soi^ht to amend section 527 of the State also. It will be a very awkward Criminal Procedure Code. Our lawyer and delicate position if a person living friends are aware of the contents of outside the State of Jammu and that section. As it stood many years Kashmir is guilty of contempt of a ago it gave the Governor General in court inside that State and vice versa. Coimcil the power to transfer any criminal case from one part of India to another, a case pending in one High Mr. Chairman: This question of ex­ Court or one province to another High tension of an Act to the State of Court or another province. In those Jammu and Kashmir has, I believe, days the highest judicial authority was been raised in connection with many in London. I do not know whether Bills in the past and it was found it occurred to the executive authority that it was not at all possible to ex­ or it did not, but obviously the most tend them. convenient course was to invest this power in the Governor General. In Shri J. R. Kapoor: That is exactly 1935 when the Government of India my reason for bringing it once again Act was suubstantially altered, then to the notice of the House. Though the phraseology was altered and the it has been brought to the notice of the procedure was a little cumbersome. Government so often no steps have yet The power was given to the provincial been taken to meet the demand of the government to transfer, of its own House. Once our suggestion is accepted accord a case pending within its pro­ by Government and the necessary steps vince to another province and of are taken, there will be no further course such an action could not be cause to refer to the matter. But taken without the concurrence of the so long as nothing is done it will have other State to which it was proposed to be repeated in the House. that the case should go. This was. as I said, a very cumbersome procedure Let us take the case in the reverse and sometimes impracticable. order. Persons living in Kashmir may go on committing contempt So last year a Bill was brought be­ against every High Court in India and fore the House by my hon. predecessor yet the High Courts will have no and it was thought that the old pro­ jurisdiction. (Interruption). I realise vision should be restored and power it is a wider Question but if occasion should be given to the Central <3ov- presents where the consent of the emment. When that Bill was under Jammu and Kashmir Government can discussion amendments were moved 1511 Code of Criminal 28 FEBRUARY 1952 Procedure {Amendment) 1512 Bin her e, namely now that the Supreme definitely to all citizens of India and Court has been established the power members of the legal profession the really should be given to the Supreme limits within which they will enter­ Cburt and very properly so, because tain the applications and the principles it was really a judicial or quasi on which they will proceed. There­ judicial matter whether the transfer fore I would request the House to of a pending case was or was not leave the Bill as it is. desirable in the interests of justice. My predecessor was struck by the Then the House would have noticed force of the argument advanced but that power is given to any i party thought that it would not be proper interested, which means the State to accept the amendment straightaway, Government where the case is pending unless he had consulted the Supreme as well as private parties. Similarly, Court in this matter. The result was in the general interest we have also that though he wanted to withdraw given power to the Attorney General. the Bill brought by him owing to some Whenever the Central Government difficulty in the procedure of the thinks it proper that a case should go House, it had to be actually rejected from one part of India to another or by the House. Now we are proceed­ one State to another they should be ing upon that suggestion made here. able to take adequate steps to move We had proceeded to consult the the Supreme Court to pass the neces­ Supreme Court and they have agreed. sary order and inasmuch as the We have consulted the State Govern­ Supreme Court will pass a judicial ments and practically all of them have order there is now no question of agreed and this Bill is now before you concurrence about this matter. Every in the shape ...... part of India shall have to obey an Mr. Chairman: Was there any State order passed by the Supreme Court. which had not agreed? The Supreme Court can order whether a case should go and I imagine they Dr. fiuitjii: One State but my memory may also point out the State from is not very strong as to which It is. which the case should go. (An Hon. Member: Was it not Mysore?) So far as affidavits are concerned that is a minor thing. We have used Shri Kamath (Madhya Pradesh): It the words Attorney General for Advo­ is rather invidious to single it out. So cate General. We thought that the no names! Word Advocate General was only ap­ plicable to States and no such officer Dr. Katju: One State suggested that as Advocate General is In the Central the power should be simultaneous and Government. It is a verbal change. I notice that some amendments have I therefore respectfully ask the House been tabled that the power should be to consider the Bill and pass it as it given simultaneously both to the stands. Central Government and also to the Supreme Court. It seems to me to be, Mr. Chairman: Motion moved: with great respect, a very impractic­ *‘That the Bill further to amend able suggestion. The Supreme Court the Code of Criminal Procedure, will proceed upon a judicial basis. The 1898, be taken into consideration.” idea, I imagine, is that the Central Government always proceeds upon an Pandit Thakur Das Bhargava (Pun­ extra-judicial basis. To bracket to­ jab): I welcome the Bill, because it gether the Executive and the judicial gives effect to the considered opinion authority will be a very incongruous of this House. On another occasion affair. I suggest that the Bill as this point was considered by the presented to the House really removes House. I understood that there was the difficulty and should inspire con­ one Bill before the House which had fidence. the object of assimilating the procedure of Part A and Part B States. I think Some amendments indicate that that was the Bill on which this ques­ there is anxiety that there might be tion cropped up and our Deputy- frivolous applications made and there Speaker took up the point and re­ is a suggestion that before anybody quested the hon. Home Minister to makes an application he should receive go into this question. We met in the a certificate from the Attorney General hon. Home Minister’s room ahd dis­ that his application is a fit and proper cussed it and he practically agreed one worth the consideration of the with us. The credit goes to my friend, Supreme Court. That also leads to Mr. Venkataraman who opposed the multiplicity of procedure. My ex­ provision then existing in the Bill perience is that in these matters very tooth and nail: he was clearly of likely in three months the Supreme opinion that the Supreme Court should Court will be able to Indicate quite be given this power of transfer. I also • Code of Criminal 28 FEBBUARY 1952 Procedure (Ajnendment) 1014^ Bill

[Pandit Thakur Das Bhargava] happened to speak at that moment and court to order that the case be taken I too agreed with that view and sub­ from the stage from which it has beea mitted that the Supreme Court is the transferred or de novo. The court should be able to say whether it pro­ only court to which this power could poses to deal with the case de novo be given. or from the stage from which it was I have given notice, of certain transferred. But all the same I do arnonamenls the aim ol wliich is that not want to deny the accused the bene­ tne Central Government also may be fit of the transfer. It is at his in­ given concurrent power. These amend­ stance that the transfer is made. ments were given at the suggestion of Certain proceedings which give a gentleman wnose opinion ‘I value, grievance to him may be such that he but my own view was against them does not want to accept a de novo and when I considered the speeches proceeding again. Therefore, I want then made I thought that my own to give an absolute right to the accus­ personal view was mdeed better and ed; if the accused wants that the case that I should stick to my own view. I should be proceeded with de novo have therefore accepted the advice of then it should be. Subject to this the the hon. Home Minister and I do not court should be empowered to proceed propose to move the amendment which further in the case; if the accused seeks to give the power to the Central agrees there is no reason why the case Government also. As a matter of should be tried de novo and the pro­ fact, 1 thought this point was one ceedings prolonged. worth taking into consideration. In I understood the hon. Minister to say clause 2 of the Bill, sub-section (3) of that the question of stage also will section 527 says: be decided by the Supreme Court. I “The court to which any case am very sorry I cannot agree with or appeal is transferred under this hmi. In my humble opinion the section shall deal with the same as Supreme Court is invested with if it had been originally instituted jurisdiction to see whether the case is in, or presented to, such court.” to be transferred or not. If the case is tr^sferred to a particular court The present rule is that the executive then in that court the accused has first is given the authority to present the to say whether he wants it tried de x:ase in any court provided the court novo or not because certain proceed­ got jurisdiction. In all cases it ings have already taken place against IS me District Magistrate who initiates him in respect of which he has got a the prosecutiou and he is competent grievance and for which he went to to send any case to any court he jourt asking that the case should be chooses provided it has got Jurisdic­ tried in some other court. Therefore tion. If that is so, if this principle he has the Orst right to ask for a de is correct, then the executive should noro trial, but at the same time if the have the right to say that the case court and the accused and everybody should be taken as if it had been newly agrees that the case should be tried instituted or presented to such court. from a particular stage at which it My submission is that this view con­ was tran.sferred, there is no reason tained in sub-section (3) is really why the case should be prolonged by not correct. When an application is de novo proceedings and the court made and as soon as the case comes should not try the case from that before the court it is the court which stage. On .the other hand, it may so is seized of the case and not the happen, as in a criminal case where executive. Therefore, consistently the impression produced on the court with the provisions which we are ac­ by the witnesses is of first rate im­ cepting in sub-section (3) we ought portance, that the court may think the to see that the right rule is adopted in case should be tried de novo, and then regard to the further procedure of the court should have the power to do the case also. When an application that way lust as if the accused desires is made the Supreme Court shall ulti­ that it should be tried de novo he mately decide whether the case is to should have the right to get it tried be transferred or not, and the Supreme de novo. Subject to this, I consider court is to decide where the case is the provision contained in sub-section to be sent. But so far as the ques­ (3) should be amended to that extent tion of further procedure is concerned and it should be within the power of I would very humbly submit for the the accused to demand a de novo consideration of the hon. Home Minis­ trial. ter my amendment No. 4 which says Mr. Chairman: May I know frorn that when the case is transferred it the hon. Member whether the Supreme should 1^ within the power of the Court has not got the Inherent powers iai5 Code of Criminal 28 FEBRUARY 1952 Procedure {Amendment) 1510* fiiU of jurisdiction to call for any records individual to see that justice is done. at any stage? This is the right sort of a Bill and I would welcome it. Only I would re­ PandU Thakur Das Bhargava: I quest tne hon. Home Minister to con­ have noi been aoie to unaersiana you. sider the amendment that I have given Xne point is the Quescion-oi iransier. notice ot. It is based on the experience We iiave got section nere. Pre­ of judges and is a healthy provision. viously lAie ruie was Uiat the Uovcinor-orenerai in Councn was in- Shri Venkataramaii (Madras): I am vestea wiin uie povver oi transiernng glad tlrat tne Bill has come in the form cases from one liiga Court to another, in which it nas been presented to tne wow, on account oi a provision in the House. 1 was not a little surprised Act ot 1935 we had to cnange the I'ule by tne number of amendments given and it was the uovernment ot the notice of by my friend. Pandit Thakiir State concemea which got tnat power uas Bhargava that the Central Gov­ with the agreement ol tne other ^’tate. ernment should also have concurrent Now wnen we want to cnange the rule powers, but now tnat he has given up* ana give the power to the Supreme the idea of moving them 1 am very Court, though the hon. Home Minis­ glad that we are all able to. support ter was agreeable, objections were cnis biil as it stands. But there is raised and it was said that we could one point which I would like to en­ not do it. ’ But now when all the quire oi the hon. Minister. Tkere is States have agreed, when the High a change in the language of section Courts have agreed, there is no reason 527 as brought forward, from the why we should not enact it. In this language as it exists. Whereas in connection may I refer to a Mysore section 527 it says that a case may be case, the Chief Judge poisoning case, transferred from one High Court to in which the Mysore Government did another where it will promote the ends; not agree to transfer the case. The of justice or tend to the general con­ accused made representations and venience of parties and witnesses, ultimately though the case was not under the Bill as presented to us the transferred a District Judge of an­ Supreme Court can transfer the case other State was placed there. I do only if it is expedient for promoting^ not know what would happen to that the ends of justice. That is to say, ca.se if that Judge sentences the accus­ if it will tend to the general con­ ed or discharges or acquits him. I venience of witnesses and parties apart understand if there is a sentence on from promoting the ends of justice, the accused the appeal will lie to the the Supreme Court will not have the High Court. In the other alternative power to transfer the case from one also, namely of acauittal, the other High court to another under the new party may go to the High Court ...... section. We know of the interpretation of the Dr. Katju: May I intervene and say courts. Where a particular language all this is irrelevant? Because even if exists in a previous enactment and a case is transferred under this newly that language is omitted in a subse­ amended Act to a different State, quent enactment, the law presumes naturally the appeal will lie to the that the legislature intended that that High Court of that State. language should not be in the legisla­ tion, that is, that the legislature has Pandit Thakur Das Bhargava: That voted against the continuance of that is exactly my submission, and I wel­ language. If in the present section come the change. But when it was 527 of the Criminal Procedure Code asked that in that State the case ought there is a provision that where it will not to be tried, I am rather surprised suit the convenience of the parties or that the Government of India agre^ witnesses a case can be transferred that the case be made over to a Dis­ from one High Court to another, and trict Judge of another State. That is if in the new Bill that is before the a typical case and this Bill is a remedy House we drop those words, then the for all such evils. I am not saying Supreme Court will not have the power that this Bill ought not to be accepted at all. Please compare sub-clause (1) —I am saying it is the right thing we of section 521 with the corresponding are doing. Judging from the circum­ sub-clause in old section 527. In the stances of the case and the proceed­ present case the provision is as follows: ings',—I had the occasion to go through some part of the evidence of the case “Whenever it is made to appear —I am submitting that this Bill is the to the Supreme Court that an order right remedy for these evils. Other­ of this kind is expedient for the wise a person can be harassed and ends of iustfce, then It mnv direct persecuted in any manner in any any particular case or appeal to State. This Bill gives a right to the be transferred...” 1517 Code of Criminal 28 FEBRUARY 1952 Procedure ^^ndm ent) 1618

[Sh ri Venkatajaman] whereas the language in the old sec­ Shri Venkataraman: I am very much tion was... obliged to you for making it clear. If a particular language exists in a pre­ Mr. Chairmaii; The hon. Member’s vious legislation and it is omitted in idea is to import the language of the a subsequent legislation, the interpre­ previous section into this. Does the tation of the law will be that the hon. Minister accept that suggestion? legislature intended that those words Dr. Katju: We have carefully should be blotted out. Applying that thought over this matter and I was dictum to the present case, it would under the impression that the words mean that the legislature’s intention “ends of justice” had the widest pos­ is .that no transfer should be allowed sible meaning and would cover every for the sake of the convenience of the case. If we accept the proposed parties and witnesses. I ask this direct amendment, it would really do harm question: is it or is it not the inten­ and would be a little mischievous. The tion of the Government that in a case present provision, instead of restrict­ where the convenience of the parties ing the Supreme Court’s jurisdiction, requires a transfer the Supreme Court would confer rather enlarged powers should have the power to allow the upon it. transfer? If the Government takes the view that they do not Want to have Shri Venkataraman: What I want to transfer of cases from one High Court say is this. If the legislature which to another merely for the sake of the passed the Criminal Procedure Code convenience of the parties or witnesses, thought that the ends of justice v^ould if that be the intention of Government, cover cases of inconvenience to parties then we differ fundamentally. But If and witnesses, why should we assume the Government thinks that the con­ that it was stupid? venience of the parties is as important as allegations which are made about Dr. KatJu: Previously they never the magistrates and the courts, then dealt with judicial courts. It only the importation of the language of the dealt with the Central Government or previous section will be necessary in the Governor-General-in-Council, to order to avoid future litigation on this whom nobody had any access. subject. Dr. Pattabhi: It is included in the Shri Venkataraman: Is it not one of wider meaning of the words “ends of the interpretations by the courts that justice”. when a certain phrase or expression is dropped in a subsequent legislation, Shri Venkataraman: Those words the court will think that the language were there in the previous Act also. omitted was deliberately omitted. Ac­ But there was also a further provision cording to this stand, the court wilt about the convenience of the parties. interpret that the legislature intended Dr. Pattabhi: The meaning has that simply for the convenience of broadened from litigation to litigation. parties or witnesses a case need not Shri Venkataraman: All that I am be transferred. Is that not so? anxious to do is to make my point Dr. Pattabhi (Madras): No. clear to the House. I cannot carry conviction to those who do not want Shri Venkataraman: I am surprised. to be convinced. I would have taken the “no” from any lawyer, but not from the ex-President Dr. Pattabhi: That is a defamatory of the Indian National Congress. statement. Dr, Pattabhi: Times have changed. Shri Venkataraman: I am finishing. I will take not more than five minutes. Shri R. Velayudhan (Travancore- Mr. Chairman: Then he may con­ Cochin): He is a better lawyer than tinue after lunch. many other lawyers. Shri Kamath: I think the House will Mr. Chairman: I think what the hon. agree that we have made very rapid Member is trying to do is to

Hou se will have no objection to accept of parties and witnesses are concern­ this suggestion to sit till, not 4-15, but ed. 4-30. I do not want to repeat myself, but The House then adjourned for Lunch I want to make it clear to this House till Three of the Clock. that when we are copying a legisla­ tion which is already on the Statute Book we ought to copy it wholly and The House reassembled after Lunch we ought not to omit any portion of at Three of the Clock, it unless we deliberately intend to do [Mr. Speaker in the Chair] so. If we deliberately intend tfeat the Supreme Court should not have the Shri Venkatraman: I was submitting power to transfer cases where the before the House rose for lunch that convenience of parties and witnesses the omission of the words ''convenience are concerned, then what we are doing of parties or witnesses” from this new would be right. But if we intend to Bill which is brought before this carry over the law as it exists in sec­ House wiU amount to taking away the tion 527 of the Criminal Procedure jurisdiction of the Supreme Court to Code to the new Section 527, then the transfer cases where the convenience omission of the words ^that it will of parties and witnesses alone demand tend to the general convenience of or require such a transfer. I want to parties and witnesses” would leave submit one thing more in addition to room for interpretation by the courts what I have stated before. In sec­ that the Legislature deliberately omit­ tion 526 of the Criminal Procedure ted those words, because they wanted Code, where the transfer of criminal to take away the jurisdiction from the cases from one court to another is pro­ Supreme Court of transferring cases vided for, clauses (d) and (e) read as in which only the convenience of wit­ follows: nesses and parties is concerned. It would be reinforced by a further argu­ “(d) that an order under this ment that the words “meeting the ends section will tend to the general of justice” do not cover the convenience convenience of parties or wit­ of parties and witnesses, because in nesses; or the same Code in a previous section, namely Section 526, there are two dis­ (e) that such an order is ex­ tinctive clauses, oi[ie dealing with the pedient for the ends of justice or transfer of cases on the ground of is required by the provision of convenience of parties and another law.” dealing with the transfer of cases on the ground of meeting the ends of Therefore the statute has all along justice. Therefore, I want to make considered that the convenience of it clear to this House that if we adopt parties is something different from the this legislation as it stands, it would ground of expediency for meeting the mean that we are taking away from “ends of justice.” The argument of the Supreme Court the right to trans­ the hon. the Home Minister that the fer cases in which only the convenience expression “that it is expedient for of parties and witnesses are concerned. the ends of justice” will cover cases This is a very important matter and I of convenience of parties and witnesses for one feel that there is no reason is not borne out by this legislation why a provision of a Statute which which has been in existence in this has stood the test of time, namely country for quite a long time. If the section 526, I am not referring to 527. words “ends of justice” include “con­ where two clauses are already provid­ venience of parties”, then, I would ed for, should be changed now. mak­ submit that section 526 of the Crimi­ ing it possible for the courts—and it nal Procedure Code itself would not should be a correct interpretation If have provided the disjunctive “or” the courts say so—that the con­ before these two clauses. What appears venience of parties is not covered by to be the contemplation of the framers the words “meeting the ends of of the Criminal Procedure Code is Justice.” that these two clauses, namely con­ venience of parties and the grounds of I therefore want to appeal to the expediency for meeting the ends of hon. Minister as well as to the Houm justice are two independent grounds to see that these wprds are retainea on which the court is entitled to trans­ In the new section 527. fer cases. If that is so, in the welcome this Bill in so far m it teans- present Bill if the words are restrict^ fers the right to the Supr^e Court. to the expediency for meeting the ends I am unable to agree that the «PJ^- of Justice, then it would follow that the sion “meeting the ends of Justiw Supreme Court will not be entitled to would cover the “general convenience transfer cases where the convenience of parties and witnesses Code 0/ Criminal 28 FEBRUARY 1952 Procadure {ArnencLineni; Bill

ra n aii laakur k>SL6 i^iiargava: Vviui icg aiu lu liie suggeduuu niaue uy ivir. liiay X put a Venkataraman 1 would like to express^ liUlA b O ilXJ liKJU. xiiciiU V^iiU llUb JU£>w W..AUW X lAAkl it IS Quire irue ixiai ii Ailwiiw lie 11*^^ V J' woras are ca^^eii avvay a lacuua pUiiict:a uUc, xi Oiiiic ttiiaxi reiiiaiu uctwct;ii seccioiis o^o anu UJ. wllc. blic Decause me wnoie is greater natural mterpretaiion mat wui oe put. man me part. i^ut men ne wiu oe upon 11 gy me euurt. wm uc uiut leaving (a;, ib) ana U'J oi section X amaniciiu never mteiiu^ mat on tuis bzti (1). 1 wouia rather like mat he giuuiiu uit: Laat snuuxa ue uan:»ierrea. ana me hon. Minister shouia consider x r u c i t iS t i i a t Oix €x j^caex'OUS tnat insteaa oi tne woras ‘ends of vat.uii ui me teini caas ox jusucc ' it justice ’ some general words may be wouaU cover me giouna ox cuiivciiicin-c put in wnicn will cover ail the five of the parties also. Ordinarily it grounds (enumerated imaer section wouiu nave ueen so. Vvnen me ai6- o26) which are now available to the cuaSiOn on mis was fe^uiiig un lii Hign Court for transferrmg a case. tne morning, irom some remarks and Otnerwise, as has been pointed out, cross-remarks that were made on th^ (c) will be omitted and (d) will be AiUur OL me xaouse ii scemea tnat many taken to be omitted. My humble a *.xcinoer was oi me view that me submission is that if you include (d) expression *‘enas ox justice’' wouia and (e) alone, then (a), (b) and (c) ouviously cover the ground of con­ will be omitted by implication. The venience of tne parties also. buJ, as powers of the Supreme Court should has been rightly pointed cut by Mr. not be less than those ot the High VenkaLaramaii, when mis expression Court in regard to the transfer of is specifically and separately mention­ cases. 1, therefore, suggest that some ed in section 526, tne only logical general words which will cover all interpretation that the Supreme Court the live grounds may be used. would put would be that il it is speci* hcauy mentioned in one section and not mentioned in the other—rather specifically deleted—such a ground Shri Venkataraman: My answ^ is was never intended lo be covered by this that so far as (a), (b) and (c) are the expression “ends of justice". concerned it is not necessary to mvest the Supreme Court with the powers for transfer under these grounds, b^ With regard to the view expressed cause (a) would be covered by in^t- by my hon. friend Fandit Thakur Das ing the “ends of justice”—that is, where Bhargava that we should not lay it an impartial enquiry cannot be had m down specifically that every trans­ the court in which the case is going ferred case shall oe heard ae novo, I on. As regards (b) which refers to do not think that it would be in the some question of law of unusual diffi­ interest ot justice, and particularly for culty being likely to arise, that will the convenience of the accused, that be settled by the High Court, and the a hard and fast rule like that should proper recourse should be had to sec­ be laid down leaving no discretion to tion 526 and not to section 527. As the court and making no provision for regards (c) which refers to the oc­ the will or the views of the accused to currence of the offences very near the be considered at all. I am, however, place, it would be very diflftcult to of the view that the amendment imagine of cases where the occurrence should be made not on the line suggest­ took place in one Province and the ed by Pandit Thakur Das Bhargava to trial in another. ^ a t is why I ^ the effect that the discretion should not press for (a), (b) be left to the ccm i either to proceed included. But I should think that with the case from the de novo stage (d) and (e) should be includ^ ^ or from the stage at which it has b^n cause the two grounds seem to ^ dis­ transferred, but I would like that the tinct from each other and unless (a) ordinary procedure should be that the irin c ffi in section 527 the SuprerM cases should begin from the earliest Court will not have power to transfer stage or the initial stage but an option cases on that ground. should be given to the accused that if he feels that he would be harassed or inconvenienced in any way or that his Shri J. R. Kapoor (Uttar Pra(tesh): interest would be prejudi^ by the While welcoming this Bill and eirtend- trial beiriR beard de novo thw It may Ing it my whole-hearted support I be open to him to so express W s desire would like to associate to the court whereupon the c a s e should the views expresed by my be heard not from the initial stage^t Mr. Venkataraman and alro with the from the stage at which hadbeen Tiew expressed by my hon. fmnd transferred. So my Pandit Thakur Das Bhargava. wi n that the original scheme of the BU \y2,i Code of Criminal 28 FEBRUARY 1952 Procedure (Amendment) 1 5 2 4 BiU

m ay remain that ordinarily all cases of the Supreme Court in taking action iihould be heard by the court, to which suo motu whenever the Supreme Coun they are transferred, from the initial thinks fit. There may be many cases .stage, but if the accused so desires w'here a party may be too deafer or that the case shall not be heard in a too ignorant of his own rights but d 2 novo torm, then the court may pro­ the circumstances may be so glaring ceed from the stage at which the case or so known to the Supreme Court had been transferred from the original that it might of its own motion act in €Ourt to its file. This provision should this matter. This power should be l)e confined only to cases and not to given to the Supreme Court. It is appeals, beacuse abviously there is no given to the District Magistrate in his -question .of an appeal being heard ex­ own district and to the High Court cept from the very beginning. I mean in the State. In these circumstances, we cannot conceive that it would be I submit that the words ‘made to desirable to suggest, as is the implica­ appear' should disappear from the tion of my hon. friend Pandit proposed action and the other limiting Thakur Das Bhargava’s amend­ condition is that the Supreme Court ment, that it should be can interfere whenever it is expedient open to a court even to hear an appeal in the interest of justice. This fron) the stage at which it had been phraseology limits the power of the transferred from the original court, Supreme Court. I should rather say meaning thereby that if the appellant that the Supreme Court may direct had already argued out the case or if any particular case or appeal to be the prosecutor had already argued out transferred and so forth, leaving the the cjase then it should be open to matter entirely in the hand of the the court only to hear the reply of the Supreme Court. After all it is the other party. So far as appeals are highest Court in our land and we mav concprned I think the original scheme always rely upon the Supreme Court of the Bill must remain in toto, that that it will act only where it is desir­ IS all the appeals when they are trans­ able in the interests of justice or in ferred must be heard from the initial other circumstances which make such stage. a transfer necessarv. So this power should be ^iven without anv condition This is all that I have to submit. and the Simreme Court will in every In relation to my suggestion I have case consider the various aspects already tabled an amendment (No. 11) which may be relevant. to which I would like to draw my hon. friend Dr. Katju’s attention, and if With regard to proposed sub-sec­ he is pleased to accept it I think he tion 2, I should eliminate the sp^iflc will be doing something which is both provision for an affidavit unless it is in the interests of justice and parti­ an application of the Attorney General cularly for the convenience of the or the Advocate General. The re- accused—because, I am sure the hon. auirement of affidavit is so self-evident the Law Minister would agree with that the Supreme Court will in me when I submit that in criminm ordinary cases by its own rules of cases the convenience of the accused procedure refuse to act in many c a ^ must be particularly considered. The but there may be cases where an affi­ accused must be given the choice either d a v it mav not be neressarv, whei^ to have the case heard from the initial * the facts mav be otherwise notoriously stase or from the stage at which it well known from the Press, th r o u g h had been transferred from the original othe^ s o u rc e s channels, or o^ their court. knowledge. The Supreme Court Shri Naziruddin Ahmad (West Ben­ s h o u ld art aUbouc'h a private party is gal): I have made certain suggestions* not ronuired to file an p^dnvit Tn through some amendments and I shall normal r?rcumstance«;. tho Sunreme exolain the direction which they should Court ttriil it but mov be take. With regard to sub-section (1) ^’bero the roiir«e of the proposed section 527. the Bill of alli<»d m atter nr mattpr«« connprtod clause says that “whenever it is made with rertain tb«» - to apoear to the Supreme ^ Court that the notice of th^ Siinreme Cow* In an order under this section is expedient that the n»»H pt^n»^vlt for t h e ends of justice” it may pass necessary orders. I submit that It With record to the nrooosed sub-sec­ limits the power of the Supr^e Court tion 4 here nowe»- ^s given to tne bv the two conditions, “he nr^t SitT>rp»rio rnijrt to to n^y limitation is supplied by the words wbenpv«r tVie anoHontJon w*»« frivolous ^ w h e n e v e r it is made to appear v«xnt

[Sh ri Naziruddin Ahmad] the Central or the State Governments. invite a Sessions Judge from a When the British Government were neighbouring province to try the case. here it was a well-known practice that It Is a peculiar case in which the the Government or the Crown never Chief Justice of the High Court of took or paid the cost in a criminal Mysore has alleged that there was an case. In fact the Crown appears not attempt on the part of Mr. L. S. Raju as an interested party but as a party to poison him. In this case a Judge which is interested in the general has gone there from Bombay and the administration of the country. So it case will go on and will be decided one neither expects any costs to be paid way or the other. In either, case, we nor expects to pay any cost. In may expect that there will be an these circumstances, I submit that the appeal and that appeal as things stand possibility of costs being given against necessarily lies only to the Mysore the Attorney General or the Advocate High Court of which the Chief Justice General and so forth should not be is the principal character... left to the discretion of the court. I have made a suggestion to that effect Dr. Katju: Is it in order to refer to by an amendment that no cost would a pending judicial case? be allowed against the Central or the State Governments. These are some Dr. Pattabhi: I am not treading upon of the suggestions which are made. I the merits of a current legal case. I will not press them unless the hon. only say that provision must be made Minister in charge of this Bill agrees for such cases also in this Bill. Now to accept it. that the Bill is before the Parliament^ With regard to the provisions for I have taken it for an illustration. de novo trial I do not think that the Dr. Katju: It is in the Bill. They Bill should be concerned with that. can transfer any appeal. The question of de novo trial has been provided in the Criminal Procedure Dr. Pattabhi: Therefore they must Code and the accused has always a approach the Supreme Court in order right to demand a de novo trial when- to get a transfer of the appeal from even the magistrate is transferred or the Mysore Chief Court to some is dead or has ceased to have jurisdic­ other court. All right, Sir. tion or when the case is transferred. He has an inherent right and it is a Dr. Katju: Various points have been matter entirely to be left to the accused mentioned but I would most respect­ because the accused may think it fully ask the House to concern itself advantageous to proceed from the with the substance rather than with stage at which the case was trans­ the form. I am speaking with some ferred—and also if he thinks fit to ask experience in these matters. Much for a de novo trial. It may some­ has been said about the language of the times be possible that a de novo trial Crimi^ial Procedure Code, convenience would be prejudicial to the accused of parties, convenience of witness in on the ground of new damaging evi­ sections 526 and 527 of the Criminal dence coming forward and so forth. Procedure Code. The language is In these circumstances the matter there. The truth of the matter is that should be left to the Criminal Pro­ in criminal cases invariably, even in cedure CoSe. The law is clear and the same High Court, an application there should be no interference with for transfer is made, not merely on the ordinary discretion left to the the ground of the convenience of Party under the Criminal Procedure parties, because really there is no such * question at all and I should like to Code. These are some of the sug­ come to another aspect of it later. The gestions for the consideration of the application is mc'de because there wiU non. Minister particularly, and if he be no fair trial cither because of the is agreeable, then I shall move the prejudice caused by the Police or the necessary amendments. district authorities or something Dr. Pattabhi: I should like to which has become unpleasant between have a little doubt cleared by the trying magistrate and the accused. the hon. Home Minister, if he considers So far as a criminal case is concerned, my doubt as relevant to the Bill on the witnesses are there. The Police hand. Reference has been made in authorities are there wherever the the course of the debate to the Mysore offence is committed and when there case. There was an attempt made are some witnesses to be found else­ to have the case transferred from the where, then under section 503 the Mysore Jurisdiction to that of some magistrate or the Sessions Judge has other neighbouring province. Ultimate­ got complete power to issue commis­ ly an adjustment was made by pre­ sions for the examination of such vailing upon the Mysore Ministry to witnesses. 1327 Code of Criminal 28 FEBRUARY 1952 Procedure^MiMndinent) 152^

Whi le we are very anxious that the what is happening in his district. The ends of justice should be promoted, we Supreme Court Judges are not asked should also be equally anxious that to receive anonymous petitions or read the general rules which are laid down newspapers everyday and then ask the in Codes of Procedure as to where a Registrar to issue notices for this particular trial should be held should purpose. It will be highly derogatory not be interfered with lightly. * Those to the honour and dignity and status rules should not depend upon the con­ of the Supreme Court in a matter of venience of a few witnesses; nor this kind if they were to issue notices should it be open to the parties whe­ in this regard. They have given the ther Jn a civil or a criminal case to right to move the Supreme Court to say that they would like to have a the Central Government as representa­ particular trial in Bombay rather than tive of whole of the Union of India. in Nagpur. They should follow a Wherever there is a suitable case, the general law. The words which have Central Government may make a been used in the Bill, as my hon. motion and have the case transferred. friend Pandit Thakur Das Bhargava The party interested namely the State said and Mr. Naziruddin Ahmad said, Government or the accused may make are the widest possible and the widest a motion. What more do you required imaginable. They give the utmost Then there is the question of costs. latitude to the Supreme Court to see Mr. Naziruddin Ahmad very kindly one thing secured, namely ends of said that the Central Government and justice, so that in a criminal case the the State Governments could always trial may be held in an atmosphere be expected to behave in a reason­ free from poison, free from prejudice. able manner and he has tabled an It is not a question of convenience of amendment that no costs should be witnesses or parties. I do not quite allowed against Government. I am understand what my hon. friend meant almost half inclined to agree with by saying parties. In a criminal him that that might be provided by case, who are the parties? The State statute. But, I again trust the Supreme Government or the prosecution is one Court. I think they will bear that in party and the other party is the mind. accused. The ends of justice are that there should be fair trial. The accus­ Pandit Thakur Das Bhargava: The ed should feel that justice is being cost will be given to the person meted out to him. The bare fact that aggrieved; that is the provision. this statute which was enacted in the Dr. Katju: Yes; in the, case of year 1862 contains these words should frivolous applications. I think we had not be sacrosanct for us that we shotild better leave that matter entirely to reproduce that very language which the discretion of the court. was in substance meaningless. So There remains another point on far as section 527 is concerned, it was which some amendments have been all an executive matter. I have no tabled namely the right of the accused statistics in how many cases the to ask for a de novo trial. I am in Central Government took action: may S3nnpathy with them. I do not want have been during the last 100 years to object to that. What occurred to three or four or five; not a material me when we were drafting this statute number. So far as section 526 is was this. In the High Court, accord­ concerned, the House may take it from ing to my knowledge, what happens is, me that in 999 cases out of 1000, it is when an application is being argued ends of justice; all these things are out, the High Court indicates an never mentioned. I, therefore, respect­ opinion. Then, they say, “It is Just fully suggest that we have with a set the beginning of the trial, you have a purpose tried to make the section the transfer and have a de novo trial”. widest possible and we have done it Sometimes, the High Court says, “You after very careful consideration. We have come too late; the whole thing have consulted all the State Govern­ has been practically over; so many ments. No one has taken any witnesses have been examined;—there objection to this. They said, “It is may be commissions for examination quite all right; it gives to us every­ of witnesses, medical witnesses and thing; it gives to the accused every­ expert witnesses—we are not prepared thing”. The Supreme Court is there to transfer the case unless you agree and thev will look into it. My hon. that you will not have a de novo trial”. friend Mr. Naziruddin Ahmad said that The accused agrees. So, they consider the Supreme Court may take action the matter and make a proper wrttle- on its own motion. I do not consider ment. I think the Bill contains suffl- it proper. The Supreme Court is deal­ cient safeguards to enable the Supreme ing with 36 crores of people. It 1« Court to pass a prooer order In every not like the court of a district case. But, if the House is of the magistrate or a sub-divisional magis­ opinion and is keen upon the matter, trate who may be expected to know I have no objection to accept the l'»2o Code of Criminal 28 FEBRUARY 1952 Procedure (Amendment) 1530 9 01 [Dr. Katju] amendment tabled on that score. But, and bring in let me tell you, not as a Minister, but th.s Bill that this right exists and that ;as a lawyer^ that it may be a little the accused should have this privilege, •cruel kindness on your part because It will only be ’provoking the accused the tendency on the part of every to take this action. accused is to ask for a de novo trial. He thinks, in a de novo trial I may get Shri J. R. Kapoor: I have not been something out of the witnesses, I may abie to exoress myself clearly. Far .get it twisted, I may try to influence be It from me to suggest that in this them unduly and he spends money. I Bill the accused should be -given this think the greater kindness to him is, right which right he is already given when once a witness has been cross­ under sub-clause (3). He has got it examined, to_ leave him alone and to without asking. let the record alone. I generally notice the tendency as a result of over-flow­ ing kindness for the accused is to Dr. Katju: So much the better. make the trial go on protracting from i^ourt to court, from High Court to Shri J. R. Kapoor: My point is, if High Court, right up to heaven. The you will kindly permit me to express myself clearly, that in addition to this man may or may not be convicted; right which is being given to him, he but ho may be comoletely ruined If should have the further right if he my hon. friends here in.sist (Shri wants not to begin from the initial T'lagi: Practising lawyers) I did not stages, but to proceed from the stage sav practising lawyers. They are at which it was at the time of the practising Parliamentarians. If they transfer. The court need not neces­ think that it is absolutely necessary sarily impose on the accused a de ihnt the accused should have this right novo trial. A de novo trial is pro­ to demand a de novo trial, which the vided in the interest of the accused accused alwnys does, let them have it. and to give certain facilities to the Mv personal advire is to let the accus­ accused. But if the accused himself ed be alone: ^et the Supreme Court do fepls that he would be unnecessarily what it considers proper. harassed, put to inconvenience and Shrl J, R. Kapoor: Am I correct in unnecessary expenditure after the understanding that according to sub­ prosecution is over and the witnesses clause (3> of clause 2—1 speak. subject examined and after he had paid heavy to correction by the hon Minister— fees to the lawyers, he should be able •every rase when transferred must to sav that the case need not start necessarily begin from the initial from the intitial stages in the court stage? . to which it has been transferred, but Pandit Thakur Das Bhargava: This it may continue from the stage at is the meaning. Otherwise ...... which it had been transferred. Dr. Katjo: So much the better for you. Why then do you want an Mr. Speaker: I would suggest an amendment? examination of the interpretation put on the provision by the hon. Member. Shri J. R. Kapoor: That right has I do not know whether that is the ■been given in sub-clause (3X This correct interpretation. right must remain a^ it is. An addi­ tional right should be given to the accused that if he does not want a Dr. Katju: Actually section 350 of “fresh trial, the trial may continue from the Criminal Procedure Code covers the stage at which it was transferred. the point mentioned. May I read that section? It : uns thus: Dr. KatJu: My hon. friend is on the herns of a dilemma. The langu­ age has been very carefully chosen. “Whenever any Magistrate, after As it stands, section 350 of the Crimi­ hpving heard and recorded the nal Procedure Code may be availed of. whole or any part of the evidence *Scction 350 provides that if a case is in an inquiry or a trial, ceases to pending before one magistrate and exercise jurisdiction therein, and then that magistrate is transferred is succeeded by another Magistrate and the case goes on the file of another who has and who exercises such magistrate his successor or some­ jurisdiction, the Magistrate so where else the accused has got a right succeeding may act on the evi­ to ask that the magistrate should try dence so recorded by his predeces­ the case de novo or the magistrate may sor, or partly recorded by his pre- proceed upon the evidence which has d#»cessor and laartly recorded by already been recorded. Any attempt himself, or he may re-summon the 28 FEBRUARY 1952 Procedure (^mndment) 1632 1 6 3 1 Code of Criminal

witnesses and ecommence the Mr. Speaker: Weil, I shall put the inquiry or trial:. motion. The question is: *'That the Bill further to amend Provided as follows: the Code of Criminal Procedure, (a) in any trial the accused 1898, be taken into consideration.** may, when the second Magis­ The motion was adopted. trate commences his proceedings, demand that the witnesses or Clause 2.—(Substitution of new any ot them be resummoned and section) re-heard Paadit Thakur Das Bhargava: With regard to this clause, I want to move Pandit Thakur Das Bhargava: There my amendment. I beg to move: seems to be some confusion. My hon. In page 1, for lines 19 to 21 substir friend referred to sub-clause (3) oi tute: clause 2, whereas the hon. Minister is “(3) The court to which any reading from section 350. I thmk caae or appeal is transferred under when we come to the amendment to this section may proceed with the the concerned clause, the whole thmg same either from the stage at will be explained in no time. which it was at the time of trans­ fer or as if it had been originally Mr. Speaker: My difficulty is, when instituted or presented to such I was hearing Mr. Kapoor, I under­ court: stood him to make the assumption that Provided that If any party —and that is of basic importance to interested desires that the case be the present argument—that once there heard de novo it shall proceed as is an order of transfer, everything if the case or appeal as the case must begin de novo. Is that the may be had been originally Insti­ position? tuted or presented to such court.** Pandit Thakur Das Bhargava: To First of all, I would like to submit get over that particular difficulty, I that when I gave notice of this amend­ have given notice of an amendment so ment I did not have a copy of the Code as to bring the provision similar to of Criminal Procedure with me, but I what we have in the Criminal Pro­ was guided by the principles which are cedure Code. The present provision ensiirined in the provision of section here goes against section 350 of the 350 of that Code and section 24 of the Criminal Procedure Code. Civil Procedure Code. In the Civil Procedure Code the provision is to the Dr. Pattabhi: There may be a change effect that if any suit is transferred of Magistrate or a change of court or to one court from another court, it a change even from one Province or can either try it from the very begin­ State to another. There may be a ning or can continue it from the stage demand for a change from the Pro­ at which it was transferred* It is the vince itself. first duty of a court to do justice. It may happen that it may suit the accus­ Mr. Speaker: I have no experience ed or the prosecution not to allow the of criminal practice, but I am going court to go afresh into the matter. by these words that we have here— But the court should have the power “shall deal with the same as if it had to decide. Otherwise it will be depriv­ been originally instituted in or present­ ed of the jurisdiction to decide the ed to, such a court.*' It does not case rightly. It should have the necessarily mean—it appears to me— power to proceed with the suit as it that the proceedings up to that time pleases. In criminal cases usually a are null and void absolutely, and de good many witnesses are examined novo proceedings ought to take place. and the impression left after hearing It merely gives him the jurisdiction the witnesses is of the utmost import­ and perhaps authorises him to proceed ance in the case. Therefore, I feel from the stage where the case was left. that first of all we must accept this Or, as the Home Minister has pointed principle, that the court must be out, in certain special cases the accus­ Invested with the power to try the ed may have the right of a de novo case from the very beginning so that trial. So it provides for both. all the witnesses may be heard by the Dr. Katju: The language used here court, even if the accused wishes or is only an acutal reproduction of the does not wish that to happen. It may language of section 522 (2). I do not be to the interest of the accused that think there will be any difficulty about the court may not get an impression it and no one will have anything to against him from any of the witnesses complain. already examined. But so far as the ends of justice are concerned It Is 417 PSD Cod e of Criminal 28 t'fiBftOARV l9$2 Procedure ^ m en dm en t) 1534

[Pandit Thakur Das Bhargava] necessary that the court should be Secondly, in any trial the accused fully armed with the power to hear may, when the second Magistrate all the witnesses. That is my postulate commences the proceedings demand numfcjer one. that the witnesses or any of them be re-summoned and re-heard. This is Secondly in a particular case the very important. My submission is court may want not to proceed from that unless this right is given it would the very start of the case and the lead to injustice, even if a transfer is accused may be of the same opinion allowed of the case. Because when as also the prosecution. If all the a person goes to the high court or to three are of that opinion, my submis­ the Supreme Court it is because he is sion is that the words of section 527 aggrieved with the proceedings of the which are reproduced in this clause lower court from which the case is are capable of the interpretation that wanted to be transferred. Certain the court is bound to recommence the witnesses may have been examined proceedings, for the words here are,— and the evidence may not have been “The court to which any case or appeal recorded in the manner provided by is transferred under this section shall law. The court may have written deal with the same as if it had been whatever it liked. The court may not originally ixYstituted in, or presented have conducted the examination to, such court.” I do submit that this properly or the accused may not have is capable of another interpretation been treated properly or cross-exami­ also. It may be taken that in the nation in detail disallowed. That is case of a suit in which proceedings the reason why the accused is not have taken place it is for the purpose satisfied with the lower court. So if of jurisdiction that these words have all that evidence is not allowed to been inserted. It is also capable of remain and all the witnesses are allow­ being Interpreted to mean that all the ed to be re-examined, the whole previous proceedings have been null purpose of the transfer of the case and void and that the case is original­ will be lost. I quite see the force of ly instituted then and there. If this the criticism of the hon. Minister when second interpretation is taken by the he says that an accused always likes court, the difficulty is that section 350 to have the case tried de novo. May of the Code of Criminal Procedure I inform him that no accused would will not apply. Therefore, to take like to be retried. The whole evid­ it out of the possibility of different ence may be such that no court could interpretations being put and to avoid convict him. At the time of the all kinds of ambiguities, I would re­ argument when the accused wants to quest the hon. Home Minister to con­ have his case transferred he thinks sider the applicability of section 350 that the whole case may remain on to a cas^ of this nature. the record as it is. The judge may be transferred and the argument heard Shri NadmddiB Ahmad: Is it 315 or by another judge. It is not in the 350? interest of the accused to say that the trial should be de novo ...... Pandit Thakur Das BhargaTa: It is Shri J. R. Kapoor: According to section 350. There need be no doubt Pandit Bhargava’s amendment it will on a question of fact. be open to the court, in spite of the wishes of the accused to the contrary, I am myself not very much satisfied to start the case from the very begin­ with the wording of the amendment ning. because it does not fully follow the Pandit Thakur Das Bhargava: First phraseology of section 350. In that of all, before oven the interest of the section the court is given certain power accused the interests of justice are by the words: there. If you do not arm the court **the Magistrate so succeeding to have that power it means that the may act on the evidence so record­ court will not be able to do justice ed by his predecessor, or partly It might happen that the court may recorded by his predecessor and like to hear the evidence from the partly recorded by himself; dr he start. I would call the attention of may re-summon the witnesses and my hon. friend to section 350 (b) recommence the Inquiry or trial: which says: “the High Court, or, in cases [Shrimati Durgabai in the Chair] tried by Magistrates subordinate 9b the power is there with the court to the District Magistrate, me to recommence the trial whether the District Magistrate may, whether accused or the prosecution wants It or there be an appeal or not, set n o l aside any conviction passed on 1635 Code of Criminal t'ttBllUAltY 19&2 Proetdun^mendment) ~ isM

evidence not wholly recorded by regarded as a new case in that court the Magistrate before whom the The words are: **as if it had been conviction was held, 11 such Court originally instituted in or presented to or District Magistrate is of opinion such court.” The previous proceed­ that the. accused has been material­ ings are wiped out after the transfer. ly prejudiced thereby, and may The original jurisdiction is in that order a new inquiry or trial.” court and if that is so all the previouB proceedings are wiped out by the The original principle was this that force of these words; We should be the whole evidence must be heard by well advised if we keep the words of the judge who decides the case. If section 350. If you omit sub-section justice can be done on the evidence (3) there will be no need for an already on record th^fere is no reason amendment. If you omit section 3 why there should be de novo proceed­ of clause 2 then it means that section ings. However, the court is entitled 350 shall apply to it as it is applied to rehear the witnesses and I would to any other case. Am I correct? be loathe to see that the powers of the court should be curtailed in this Dr. Kat}«: 1 have been hearing the matter. The court should be entitled hon.. Member all right. to re-summon the witness in the words of section 350. Pandit Thakiir Das Bhargaya: Sub­ clause (3) may be deleted or the My friend Mr. Kapoor argued that substance of my amendment may be this should apply only to original accepted. cases and not to appeals. Obviously so far as appeals are conceHied, the The Home Minister was pleased to whole appeal must be heard. TOere tell us that it usually occurs in the are appeals in which evidence is taken High Court when a case lor transfer under section 428. It might happen is there and when the accused is asked that the court calls for witnesses or to say whether the case can be taken they may have them examined in up from the stage in which it was different places like Bombay, Calcutta when the transfer takes place the or Madras and the accused my be accused and his counsel agree. It is happy with those witnesses and does an usual experience. At the same not want a trial de novo. In the time such an agreement, though not appeal court the case may be taken up under duress, is under a misconcep­ from the place where the evidence was tion. The accused and his counsel last finished, for it is ^ question of agree not after a proptr consideration convenience and economy. It is a but as a matter of bargain. If the question that time should not be wast­ accused’s counsel gives an undertak­ ed and the accused should not be put ing, then when the case is transferred to inconvenience. The law which we there will be a clash between section have had for a long time has stood the 350 and this undertaking of the test of time, namely section 350 and counsel. I am submitting this lor ttfe I would beg the hon. Minister to con­ consideration ol the House. We should sider and accept the amendment in the not allow the Supreme Court to con­ words of section 350. Sub-clause ► (3) sider at that stage as to what is to of section 350 reads: be done in the lower court. Alter the case is translerred, the court to ‘‘When a case is transferred which it is translerred comes to the under the provisions of this Code conclusion that they should hear from one Magistrate to another, witness, they may re-summon the the former shall be deemed to witness and re-comm?nce the cease to exercise jurisdiction enquiry. When the Supreme Court has therein, and to be succeeded by order^ that the case is to be taken the latter within the meaning of up at the stage at which it was left sub-section (1).’' in the previous court, it means you ar® If sub-clause 3 did not exist in section taking away the powers of the court 527 or in the Bill I would not have as also the right of the accused to con­ suggested anv amendment. Since it sider calmly what he should do. Under is there in the Bill my interpretation section 350(a) he can exercise those is that it changes the law so far as rights as to whether the case should be section 350 is concerned. Therefore trted de novo or from the stage at I am seeking this amendment. The which it was previously left. In all hon. Minister’s interpretation Is that It these circumstances we should be well only gives jurisdiction but does not advised in keeping the law as it change the law. If I were satisfied This law has stood the. test ol time and with the argument I would not attempt everybody is satisfied. We do not to change it. My submission Is that want to prolong the proceedin«. As this ran be interpreted as legislating a matter of fact il your prcMslon Is to the effect that the case must be there, ft to tintamount to prolongation 1537 Code of CHminal 28 FEBRUARY 1952 Procedure ^ ^ n d m e n t ) 1A88

[Pandit Thakur Das Bhargava] and harassment. You do not leave any choice. The case must be tried Venkataramaa: That would be de novo. All the previous stages are TOvered by the clause. “Whenever it is wiped out. Justice and past experience S t ”. Supreme require that we keep the law as it is and delete sub-clause (3). The same purpose will be gained or met subs­ Pandit Thaknr Das Bharcava: But tantially by my amendment in the sub-section (2) in the Bill says, “The words in which they appear in section Supreme Court may act under this 350, namely “or he may re-summon section only on the application of the the witness and re-commence the Attorney-General of India or of a inquiry or trial**. These words may PMty mterested" and the effect of be taken to be in my amendment, if Even if I am allowed to amend my amend­ ,m Couft wants to take the case ment. I would beg of the hon. Minis­ okL ♦ Supreme Court will not be ter to consider it: he has got the sub­ ♦hi “ without the application of stance of the amendment. If he the Attorney-General or the party con­ agrees there will be no difficulty in cerned. Why are you taking away changing it to that extent. • t^his power? You have given such high powers to the Supreme Court. In 4 P.M. our discussions in the Constituent Assembly we decided that the Supreme One word regarding the amendment Court was the biggest Court in India suggested by my friend Mr. Nazirud- for ever^jr kind of case and we gave din Ahmad. He was of the view that It such power that it could do Justice the court should be able to transfer case. I do not understand the case on its own initiative. I con­ why the powers of the Supreme Court sider that a very salutary rule. As we should not be as jEfreat or more exten­ heard this morning, our High Courts sive than those of the High Court. So, and our Supreme Court are really the this amendment is certainly very good palladiums of justice and they should and should be accepted. be enabled to do justice whenever an 3^ case comes to their notice in which Dr. Katju: I am clearly of opinion, injustice can be done, and for that ORA w?l?tever it is worth that section those courts should be able to trans­ 350 will be applicable, but in order to fer the case on their own Initiative. cut short the discussion I am prepar­ Under section 526 even today the High ed, if the House accepts it, to move Court has got this power ...... tnis amendment. Instead of the present sub-section (3) substitute the Shrl Venkatarliman: No, Sir. Please following: see section 526. It says: “The court to which such case “Whenever it is made to appear IS transferred may act on the to the High Court: evidence already recorded or partly so recorded and partly recorded (a) that a fair and impartial by Itself, or it may re-summon the inquiry or trial cannot be had .....** witnesses and re-commence the Inquiry or trial.** Pandit Thakur Das BliargETa: I know those words appear there, but That is a reproduction of section 350 the same section continues to say: because the Magistrate must have the power to do Justice himself. ‘The High Court may act either Then— on the report of the lower Court, or on the application of a party “Provided that in any case so interested, or on its own initia­ transferred the party interested tive.” may. when the court to which the case is transferred commences its '‘Whenever it is made to appear to the proceedings, demand that the wit­ High Court^, these are the words with nesses or any of them be re-sum­ which the section begins, but in sub­ moned and re-heard.*» section (3) you find the words I have quoted above. Though my friend has submitted for the consideration of the words “party interest­ hon. Minister that on its own initia­ ed . That will leave an opportunity tive the Supreme Court may be to both the parties, namely the accused empowered to transfer a case, suppos­ as well as the complainant or the State ing there is an occasion when a High concerned because the migistrate is Court itself makes a reference and another magistrate. I have in this submits to the Supreme Court? quoted the very words which my 1539 Code of Criminal 28 FEBRUARY 1952 Procedure ^mendment) 1540 friend, Mr. Bhargava used in his Pandit Thakur Daa BliargmTs: I do amendment No. 4, namely: not get out of it. I am very that you have accepted it, but substi­ “Provided that if any party tute the words “party interested**, by interested desires that the case be the word “accused”. heard de novo it shall proceed .....*’ etc. Sfari Naziruddin Ahmad: I submit So, I submit that very likely this this amendment of Pandit Bhargava is may meet the objections raised. As unnecessary. Sub-section (3) admits I understood his argument, he said of no difficulty at all, no doubt at all. that the court may hold that section As the hon. Minister has explained, 350 was not applicable. Well, we are it merely reproduces the provision of quoting the very words of section 350. section 527 of the Criminal Procedure Code. Pandit Thakur Das Bhargava: Quote it entirely. Instead of the words used Dr. Katju: We are here to legislate. “party interested” use the words “the We are not here to follow everybody. person accused”. I made a mistake— why should you make the same mis­ take? Shri Naziruddin Ahmad: I do not blindly copy anything, but the langu­ Dr. Katju: I want to give a fair deal age means exactly what the hon. to both the parties. Minister says, namely that the court to which the case is transferred may Pandit Thakur Das Bhargava: The treat the case or appeal as if it was court is there to do it. originally instituted. It gives a slmilw Dr. Katju: The “party interested”, jurisdiction to the new court as if jt means both parties and it may be was the court in which it was orginal- desirable for the complainant or the ly instituted. It does not extepd or State concerned that the new magis­ restirct the power of the new magis­ trate in another State should have trate to allow a de nox>o trial or pro­ the witnesses and hear them. It is ceed under section 350 with a de novo not a question of preferring the one trial. That situation is totaUy unaffect­ or the other. We leave it to the ed: it merely concerns itself pomtedly magistrate. and specifically with saying that the magistrate or the court will Shri Naziruddin Ahmad: So far as lurisdiction as if the case was original- the amendment suggested by the hon. iy instituted before him. That, and Minister is concerned, it will extend not the progress of the V*Ial is the benefit or the mischief given by emnhasised. When we say, ' originally section 350 to the complainant. instituted before the court”, he has the right to proceed with the case Shri Venkataraman: To the prose­ and proceed in such a manner as ne cution also. thinks fit. He may go on with the Dr. Katju: Section 350 is very long cfise as it is. or if he thinks it neces- —we are putting it here shortly. cnry he may take further evidence or rfc n o r o evidence. Of course the Shri Naziruddin Ahmad: Section accused person should be given the 350 gives power to a new magistrate power to ask for such trial. But I to try a case do novo if he thinks it submit it would be highly improper fit. It gives the accused a right to to jfive the right to the complainant ask for a de novo trial, but it does or the prosecution. That would W not give the complainant or the State introducing a new principle and n any right to demand it. This amend­ would be objectionable on the ground ment will extend the mischief of the that a orosecution mav harass the prosecution also. The real point which n o o r wcruse'^ unnecejjsarily. The right should govern the principle of a de «houlH be given to the court which novo trial would, I believe, be that has the dutv of deciding the case on they should be cases where there is fbp merits. In these circustances, oral evidence of some importance and this amendment would not be nec^s* there the demeanour of the witnesses spry nnd sub-section (3) is not capaWe may be very important. No written of the lnterpret«tion put on It by evidence can give a proper Idea as to Pandit Thakur Das Bhargava. whether the witness is truthful or otherwise. Dr. Katju: In deference to the very learned argument of my hon. I Dr. Katju: The difficulty is that am pr^nared to accede to his wish aM when r accept an amendment moved «n

IDr. K atjul Shri Nazirnddin Ahmad: Then it need not be put, accused.” I shall mftve the amend­ ment formally. I beg to move; In page 1. for lines 19 to 21 substi­ Mr. ChairmMi: Then' the only amendment is that of the Hon. Minis­ tute; ter. The question is: ' *'(3) The court to which such case is transferred may siet on the In page 1, lines 19 to 21 substitute: evidence already recorded or partly so record^ and partly re­ “(3) The . court to which such corded by itself, or it may re­ case is transferred may act on summon the witnesses and re* the evidence already recorded or commence the enquiry or trial: partly so recorded and partly re­ corded by itself or it may re­ Provided that in any case so summon the witnesses and recom­ transferred the person accused mence the enquiry or trial: : may, when the court to which the case is transferred commences its Provided that in any case so proceedings, demand that the wit­ transferred the person accused nesses or any of them be re-sum­ may, when the court to which the moned and re-heard.” case is transferred commences its Shri J. R. Kapoor: The word proceedings, demand that the wit­ “appeal” may also be added, because nesses or any of them be resum­ in the whole Bill both “case” and moned and re-heard.” “appeal” are used. The motion was adopted. Dr. Katju: The appeal is heard be­ fore judges; there is no question of IMbr. Chairman: The question is: examination. It is not necessary. Pandit Thakur Das Bhargava: So “That clause 2, as amended, far as my amendment is concerned, I stand part of the Bill.” do not press it, because of the amend­ The motion was adopted. ment substituted by the hon. Minister incorporating my idea. Qause 2, as amended, was added to Shri J. R. Kapoor: I have three the BiU. amendments, Nos. 8, 9 and 10. I shall move them only if the hon. Minister Clause 1 was added to the Bill. is prepared to accept them. The Title and the Enacting Formula Dr. KatJu: I am not prepared. were added to the Bill. Shri J. R. Kapoor: Then I do not Dr. Katju: I beg to move: move. “That the Bill, as amended, be Shri Naziruddin Ahmad: I have an passed.” amendment, No. 13. Since the hon. Mr. Chairman: The question is: Minister is extremely... “That the Bill, as amended, be An Hon. Member: Compromising? passed.” Shri Naziruddin Ahmad: No, but since he is open to conviction, I The motion was adopted. should like to attempt a compromise, t beg to move: In page 1, lines 8 and 9 for “When­ PREVENTIVE DETENTION ever it is made to appear to the (AMENDMENT) BILL Supreme Court that an order under this section is expedient for the ends The Minister of Home Affairs (Dr. of justice, it” substitute ‘‘The Supreme Katju): I beg to move: Court”. “That the Bill further to amend Dr. Katju: I am unable to accept the Preventive Detention Act, 1950, It. be taken into consideration.” Sbrl Naziruddin Ahmad: It should be clearly expressed that the Supreme I do not know what the House thinks Court, where it be overburdened, will about this measure, but I think it is not take it up^ It will not undertake very harmless. any duty which will overburden it. Shri WL Velayudhan (Travancore- Dr. Katju: It is not acceptable. Cochin): Very harmless? 1643 Preventive Detention 28 FEBRUARY 1952 (Amendment) Bill

Dr. Katio: Yes. I use every word in Mr. Chairman: Let there be no my speeches deliberately and I say interruptions. The hon. Member can this is % very harmless measure in express his opinion when he gets his this sense ^ that we are anxious that chance. the whole policy underlying this pre­ ventive detention legislation should be Dr. K a ^ : I have got some figures considered by the new Parliament. here up to the end of December 1951. That Parliament is likely to meet in After that there has been some change the month of May or thereabouts and in favour j^f the party for which my then I dare say many aspects will be hon. friend was just now speaking put forward for consideration. Mean­ This is for the whole of India. while, I would like to remind this 1,160 House that the Preventive Detention Communists Act was passed in 1950. It was Others 481 amended'on the 1st March 1051. Of course, it is open to the House to Total. 1,641 change^i^lts views and to say that it should be dropped altogether. That is a different matter. But the reasons The House will recollect that early which led to this enactment in 1950 this month when a question was put are well known. They have been to me as to what was the Govern­ considered from time to time at the ment’s present policy in regard to time of the amendments and when it Communists, I said that while the was passed very many features were question of law and order was introduced in order to ensure that primarily for the State Governments, while there should be in the hands of the Government of India had advised the Executive Government the power them that it was desirable that the to detain, at the same time there should case of every single detenu should be be the least danger of the power ueing reviewed and reconsidered and abused or misused or used on impro­ wherever possible release should be per or insufficient materials. With ordered. That has been carried out: that view, the constitution of advisory many communists have been released. boards was provided for in the Act. The West Bengal Government issued Those advisory boards were made to a long press communique in which consist of judicial officers. They they said that while they were still look into Mvery file, consider every continuing in detention a number of case, consider the representations communists, they had released 46. made by the person detained, and then they tender their advice to the State I should like to make one thing Governments. Further, I would like quite clear, and it is this, that no to remind the House that this Preven­ communist is being detained simply tive Dentention Act has been enacted because he is* a communist or because for various purposes. Section 3(a) he is a member of the Communist lays down that if the Central Govern­ Party. The detention is based upon ment or the State Government is concrete evidence or information satisfied with regard to any person which is available to the State Gov­ that it is necessary in order to pre­ ernments or the Central Government vent him from acting in any manner from sources open to them, of concrete prejudicial to the defence of India, the acts which arc calculated to subvert relations of India with foreign powers the Constitution ot promote violence. or the security of India, or the security Babu Ramnarayan Sinffh (Bihar): of the State, or the maintenance of Why are they not prosecuted? public order, or the maintenance of Dr. Katja: My hon. friend knows supplies and services essential to the that sometimes it is very easily said community, then action may be taken. than done. The idea of detention is It is not as if this Act was passed and not to give advertisement, but to directed against any particular poli­ secure the object of preventing a tical group or party or political breach of law and order. That is a ideology. The intention was the pre­ mailer which we have already gone servation of the security of India and into when we passed this Act. The BiU the safeguarding of the defence of now before the House seeks to extend India, the maintenance and promotion the life of the'measure by another six of public order and stoppage and m o n ^ . checking of anti-social activities. Elections have Just been held. So Shri R. TeUyndhan: Is It the Minis­ far as the intention of Government is ter’s opinion that It wa«? not used concerned the House knows that against any political party? utmost facilities were given to every Dr. Katjhi: He has not understood sfnile party to take part in the me correctly. I said it was not directed tfons. Detenus whenever they want­ arainst any political party. ed to stand and seek elections were IBio Preventive Detention 28 FEBRUARY 1952 (Amendment) Bill 154 6

[Dr. Katju] allowed to get out ox> parole. They Pandit Thakur Das Bhargava (Pun­ conducted their election compaigns jab): He denies it. and no obstruction was placed in their Dr. Katju: I am glad to hear it. I way in any shape or form for carrying should like it to be strengthened by on their electioneering campaigns. a larger number of persons in the It is a matter of common knowledge new Parliament. that new Governments are coming The Minister of State for Home into existence; new problems are aris­ Affairs (Shri Sidhva): Why is he ing in various parts of India; there afraid—it will not be applied to him? have been great disturbances in Dr. Katju: I, therefore, say that no Telengana, Saurashtra and in other harm will be done by extending the areas; there have been murders and life of this measure for a short period arsons. I am not going into past of six months. history; I am not going to say that more than three thousand murders I do not want to extend myself or were committed in Telengana—that is deliver a long speech. The only a different matter. The situation amendment that has been tabled so today is very fluid. I know that from far is that the Bill may be circulated time to time various statements are for public opinion. That is a euphemis­ made in the press about the change tic way of saying that the Bill should of policy that very many people now be dropped. The Act is going to want to work the Constitution. I come to an end on the 31st of March. welcome such declarations. If these This session will come to an end on declarations are genuine—I do hope the 5th or sometime early next month they are genuine—then no harm will and then we will not meet again. The be done by extending this measure for next meeting will be of the new Parlia­ a short period. Within two or three ment. So the amendment is really months the new Parliament will be a downright ‘No’. The question before meeting and Government after taking the House is a short and simple one. into consideration the existing posi­ Do you or do you not want to extend tion and If they think fit, may ask the the life of this Act? I should like new Parliament to extend the life of my hon. friends sitting anywhere to this Act for a further period or to say why the Act should not be extend­ modify it. ed. Are they quite sure of the atmos­ phere prevalent in the country? All Shri Kamafh (Madhya Pradesh): Or sorts of speeches are being made. I make it permanent. may tell you one thing—to quote a very famous phrase—“confidence is a Dr. Katja; You will not be there to plant of very slow growth”. It was make it permanent. It will be accord­ said by the orator who used the phrase ing to the will of the new Parliament that it is a plant of very slow growth where everybody will have his say. in an aged bosom. My bosom is not so aged as that of the speaker: any­ Shri R. Velayudhan: Why can this way, I do not feel it. I am rather Parliament not do it? sceptical of the various declarations made by different parties. They are Dr. Katjn: After Question Hour sometimes made to suit the changing every day the hon. Mr. Speaker atmosphere—maybe tactical. I wish announces the names of gentlemen from the bottom of my heart that all who have resigned or are resigning. those declarations were genuine, true Of course, this Parliament is absolute­ and sincere. I wish that I had the ly representative and I have had four power to m^ke those people come Bills passed today. round to my views. Shri J. R. Kapoor (Uttar Pradesh): I am not afraid of communism, For a measure like this to be perma­ socialism or any *ism\ We are a nent we must wait for the day when democratic country and if the people Mr. Kamath and Mr. R. Velayudhan want to go all communist or socialist will be on that side of the House, it is open to them to do so. It is a question of ideology. Gandhiji used Shri Kamafh: Where will Dr. KatJu to say that_ he was the best of com­ and you be then? munists. Tie wanted to work for a Dr. Katin: My hon. friend over classless society, he wanted to work there will say that he is the sole for the removal of untonchability. for representative of a particular class— the raising and elevation of Harijans no one else. and deoresseH classes and tribal people and scheduled castes. But the ques* 8hrl R. Yelayvdluui: No. tion is fundamental: do you want it y047 Preventive Detention 2Q F£BB]LJARY 1952 {Amendment) B*Tl 15 8

py o ne way, or do you wa^t it h j th i Pr. S. r . Afookerjee (West Bengal): pther way? Do you want it through May I ask for one piece of informa­ the way o£ violence and murder and tion? The hon. Mihister said that loot and what I have seen with my the scope of this Act was widened and own eyes in Calcutta .two years ago, it was made applicable to cases of a or do you want it the other way round non-political nature. The list which which is being exemplified every day he has Just given includes cases onlT by Shri Vinobha Bhave? That is of a political nature. Could he tell the main Question. Here speeches are the House actually in how many cases being made, press conferences are being of a non-political nature the p rq ^ ip n s held that there has been a genuine of t^lis Act were applied—if jioi to­ change. As I said, I pray to God day at least tomorrow? that those are genuine things and that in Indio every political party, no matter what it is and what it stands Dr. Katju: So far as I know, the for, says that we shall work in a total number of detenus, political anti democratic manner—we shall appeal non*political. is 1,641. to the masses, we shall spread our doctrine, we shall either go and work Dr. S. P. Mookerjee: Can he have it in favour of the Government and the classified, if possible tomorrow? Congress or in favour of our own parties, but we shall not do j)ne thing. Dr. KatJu: I shall try. We shall not ask any one to break the , law by vriolence or commit offences. Shri Kamath: Stnte^wiso figures That is the one thing that is wanting. mny be given. And I suggest to you most respectful ly that the six months may be a very Mr. Chairman: Motion moved: trying and testing period for that. If those professions are genuine and “That the Bill further to amend nothing happens, very likely there the Preventive Detention Act, may be no necessity for the Act or 1P50, be taken into consideration.” there may be necessity for a very modified Act. But let us see what The debate will continue tomorrow. happens. The House stands adjourned till 0-30 With these few words I commend A.M. to m o rro w . this Bill to the consideration of the House, and if there is anything said The House then adjourned till Half of Importance I shall give a reply to Past Nine of the Clock nn Friday, the ft. s 29th February, 1952. 417 PSD