1743 Orissa Legislative [ RAJYA SABHA ] of Duration) 1744 Assembly {Extension BM, 1966 THE DEPUTY CHAIRMAN: The tions, are engaged in relief work. They House stands adjourned till 2.30 P.M. will be taken away from the relief work and will be employed in the election The House then adjourned work. The people themselves, who are for lunch at twelve minutes past living in conditions brought about by the one of the clock. draught, will also have to undergo the trouble of voting twice. Therefore, for all these reasons, there is very good justification for the exercise of the power conferred by Parliament under article 172, clause (1), proviso. The Constitution has The House reassembled after lunch at given power to Parliament to extend the half-past two of the clock, THE VICE- duration of a Legislative Assembly by CHAIRMAN (SHRI M. P. UHAROAVA) in one year. Now, this duration is sought to the Chair'. be extended up to the 1st day of March, 1967, so that elections to the State THE ORISSA LEGISLATIVE Assembly and the general elections may ASSEMBLY (EXTENSION synchronise. I hope that this Bill will OF DURATION) BILL, 1966 meet with unanimous support in this THE MINISTER OF LAW (SHRI G. House and will be passed, us it was S. PATHAK) : Sir, 1 beg to move : passed in, the Lok Sabha. "That the Bill to provide for the The question was propose I. extension of the duration of the present Legislative Assembly of the State of SHRI AKBAR ALI KHAN (Andhra Orissa, as passed by the Lok Sabha, be Pradesh): May I, with your permission, taken into consideration." ask the hon. Law Minister whether the Government here in Parliament and in the Hon. Members of this House must have Assembly consulted the Opposition noticed that the 20th August of this year Par'ies in this matter ? is the last date for the duration of the Legislative Assembly of Orissa. Now, it SHRI ATAL BIHARI VAJPAYEE is considered advisable in the (Uttar Pradesh): No. circums'ances that there should be simultaneous elections to the Assembly SHRI LOKANATH MISRA: 1 have to and to Parliament in February, 1967. If put another question. there is election now to the Orissa Assembly and election to Parliament later THE VICE-CHAIRMAN (SHRI M. P. in February, 1967, there will be BHARGAVA) : You can start your duplication of electoral work Parties who speech now. stand as candidates in the elections will have to incur expenditure on two occasions and the Parties, as well as the SHRI LOKANATH MISRA: Mr. Governmnent, will have unnecessarily to Vice-Chairman, I had occasion today to bear the expenditure. listen to one of the briefest speeches, while sponsoring a Bill, by any of the SHRI LOKANATH MISRA (Orissa): Ministers during my six vears in Rajya I should like to have a piece of informa- Sabha. tion at this stage. What was the election expense when it was held separately and SHRI AKBAR ALI KHAN: The what it was when it was held jointly ? I matter is very brief and the Law Minister would like to know it, in the course of is very precise. your speech, so that we can take it up. SHRI LOKANATH MISRA: The SHRI G. S. PATHAK: There will be explanation is evident. The only expla- duplication of work. Officers, who will nation is that there is absolutely nothing be concerned with conducting the elec- to justify it. The hon. Minister had absolutely no argument to put forward

1745 Orissa Legislative I 17 MAY 1%6 ] of Duration) 1746 Assembly {Exten Bill, 1966 while sponsoring the Bill. I do not SHRI SHEEL BHADRA YAJEE understand why he felt shy even to reply (Bihar): But in 1937 there was Congress to a question of mine when I put i . What Ministry in Orissa. was the expense incurred when the elections in Orissa were held separately SHRI LOKANATH MISRA: I am and when they were held jointly ? My sorry to find that the hon. Member does information in this regard is that the total not understand English. I said it is after of the two separately held elections was independence, after 1952, that we had less than the election expenses the never a stable Ministry in Orissa. No Government incurred when both the Party in Orissa came with an absolute elections were held simultaneously. That majority. Even so it was always the may be one of the reasons why the hon. Congress that formed the Ministry there. Minister kept silent about it. That was because—I think the country is well aware of it—there was a lot of horse PANDIT S. S. N. TANKHA (Uttar trading. Independent Members, who had Pradesh): What about the candidates' been elected, were taken away by the expenses to the two Houses, both to Congress. All sorts of allurements were Parliament and to the State Legislature ? held out to them. The Congress, being the ruling Party at the Centre, gave them all protection. The umbrella of protection SHRI LOKANATH MISRA: This was always held over anybody who led particular interruption of Pandit Tankha is the Congress Party in the Assembly there, a great surprise to rrie. It seems as if even though it was in a minority. That Pandit Tankha cares much more for way two Ministries functioned, but it was expenses of other political parties. I know very difficult for the Congress Party to he does not care for his own Party, continue that way. Any amount of because his Party's expenses are met by protection from the Centre cannot keep on somebody else. His main concern now a Ministry in this State unless the people appears to be that other political parties of the State themselves are behind it. would be put to a lot of expenditure. Therefore, corruption started creeping in When the very Party, for which he shows for the up-keep of the artificial ministry. great concern, advocates that there should Immediately after independence corrup- be separate elections, where does his tion started creeping in even among the argument stand ? I know for certain that people's representatives. Those of them he is not concerned about his own Party's who were elected as independent mem- expenditure. I know for certain that it is bers but subsequently joined the Congress met by others, not by the Congress Party, through certain allurements naturally gave themselves. an impression to the country that even the elected representatives of the country SHRI M. N. GOVINDAN NAIR cannot be relied upon. (Kerala): Who are the others ? SHRI P. N. SAPRU (Uttar Pradesh): SHRI LOKANATH MISRA : That What type of corruption ? everybody knows in the country. I wfll come to that some other time. SHRI SHEEL BHADRA YAJEE: Some members joined but not because of allurement. Now, Sir, while discussing this Bill, unless the House knows a little about the SHRI LOKANATH MISRA: I will genesis, it will not be complete. Aftt>r the first reply to Dr. Sapru's question with attainment of independence, Orissa had some veneration because it is a genuine never a stable Ministry. question he has asked. Subsequently a reply to the political question would be SHRI M. N. GOVINDAN NAIR: So, it given to Mr. Yajee. To Dr. Sapru's is like Kerala. question I would say that it was in the shape of even money, in certain cases in SHRI LOKANATH MTSRA: It is like the shape of certain other facilities Kerala. 1747 Orissa Legislative I RAJYA SABHA ] oj nitration) 1748 Assembly (Extension BUI, 1966 (Shri Lokanath Misra.] into neck-deep corruption during the unstable Ministry previously was perturbed. He owed a which are not normally given to members of lot. of money to the Orissa Government. He the Assembly. Mr. Sheel Bhadra Yajee had put up industries, all through the money interrupted saying that even some Ganatantra obtained from the Government of Orissa, like Parishad M.L.As merged with the Congress . Dr. Teja here who has built all his fortune on . . Government of India's money.

SHRI SHEEL BHADRA YAJEE: I said AN HON. MEMBER: Who? some members joined the Congress, but not due to money. SHRI LOKANATH MISRA: Dr. Teja. SHRI LOKANATH MISRA: That was the result of horse-trading. (Interruption) Coalition SHRI ATAL BIHARI VAJPAYEE: Of is something different. My friend does not Jayanti fame. understand the difference between a purchase and a coalition. Purchase is buying and a SHRI P. N. SAPRU: He was a very rich coalition is joining together to form a Govern- man. At least bis wife was very rich. I met ment under certain principles, certain them in 1954 in New York and I think he got a ideologies. big prize for scientific work in the United States. SHRI SHEEL BHADRA YAJEE : You are decrying the M.L.As. as if they are easily SHRI LOKANATH MISRA: Even though purchasable commodities. it is a. little departure from the main discussion, Dr. Teja's first wife, I am told, was SHRI LOKANATH MISRA: I have a rich lady who died in Rome. I am told also, decried your Chief Minister whom you held so under suspicious circumstances. That is it. high. I have decried corruption, I have decried sin, I have decried immorality, even if it is in AN HON. MEMBER: God help him. the Ministry at the Centre. I have fought against T. T. K. because I thought he was im* SHRI LOKANATH MISRA: There was an moral and corrupt. Wherever it is, I fight interruption and I had to reply to the against corruption. I fight against immorality interruption. whether it is in the Centre, whether it is 'n the Sta'e, whether it is a Minister or whether it is a THE VICE-CHAIRMAN (SHRI M. P. Member of Parliament. It is a matter of prin- BHARGAVA): He has worldwide ciple when I fight against corruption whether it knowledge. is here or there or anywhere. SHRI LOKANATH MISRA: Mr. Biju Sir, because of this instability ultimately the Patnaik was the gentleman in question and the then Congress Chief Minister had to come coalition Ministry insisted that all the money down to a position when he thought that there due to the Government must be paid up. It may was absolutely no alternative to a coalition be a couple of lakhs of rupees, it may be a Ministry, and the Ganatantra Parishad also couple of millions by then, but he thought that thought that there should be a people's Govern- this was an occasion when the coalition ment in Orissa rather than President's Rule. Ministry must be pulled down or else there was With a minimum agreed programme there was a no escape for him. He had, I was told later on, coalition between the Congress and the good pulls here, and as a result of that Ganatantra Parishad. It worked for 21 months and it worked very well. It was able to eradicate SHRI SHEEL BHADRA YAJEE: Sir, are we corruption to a substantial extent so much I so discussing Patnail mbly affairs ? that one of the leading personalities | of the Congress who had already got i

1749 Orissa Legislative 1 17 MAY 1966 ] of Dumtm 1750 Assembly (Extension SHRI LOKANATH MISRA: Biju SHRI M. N. GOVINDAN NAIR: He Patnaik is an integral part of Orissa po- can argue even a weak case. (Interrup- litics and of the corruption, existing in tions). Orissa. He is an integral part of both. SHRI LOKANATH MISRA: No, no. He was a genius. I know him, he was a THE VICE-CHAIRMAN (Shri M. P. genius as an advocate of the Supreme BHARGAVA) : You please continue. Court. But he is sharing his intelligence SHRI LOKANATH MISRA: Because here. of these interruptions certain things might SHRI ARJUN ARORA: Still a genius. come up which even I myself do not intend to bring in. SHRI LOKANATH MISRA: Listen to my speech. He is sharing his intelligence SHRI G. S. PATHAK: It must be an with the rest of his Cabinet colleagues integral part of your speech. tind therefore he has brought down his level of intelligence. (Interruptions) No, SHRI LOKANATH MISRA: There- no. You are the right person to share, you fore, he tried his level best to pull down must have enhanced it, gaining some. this Ministry. He tried to become the President of the Provincial Congress Now, Sir, the argument put forward by Committee. The first time he was de- him the other day was that it was the feated, but the second time the allure- climate that was responsible for post- ments again worked in the Cong ess poning the elections. He does not know Party. He was elected as the Congress his own mind. Sometimes when it suits P.C.C. chief, and as the P.C.C. chief he him, he says that it is the climate for had a little better say than as an ordinary which reason they cannot hold the elec- member, and with his pull here at the tions. Sometimes it is the emergency that Centre and the new position acquired by creeps in. The real fact is always under him he was able to pull down the cover. The real fact is that many things coalition Ministry that was incessantly have happened after the 1961 mid-term fighting against corruption, for eradication elections. During 1961, something had of corruption. When were the elections worked brilliantly well because it was held, Sir ? The elections were held in the u.ed on a large scale by the Congress for scorching sun of May last week and June the first time; it had its own effect. It is first week. The other day in this very called in Oriya as ainoghastra. The Hindi House I did use the word "learned" here translation would also be the same, even even it I do not use it anywhere else like the Sanskrit translation is the same. The Mr. Arora. translation in English would be 'the invincible weapon' —the Sndarsana SHRI ARJUN ARORA (Uttar Pra- Chakra—the round silver thing that goes desh) : Does he mean that I u round, the silver bullet. That worked wrongly ? I use it only for the learned splendidly well for the first time. People people sometime also when thev he-tray were made corrupt by this great leader their ignorance. who talked of socialism all the time. (Interruptions) It is your people who talk SHRI LOKANATH MISRA: The of socialism and make Rs. 10 crore within Ministers you mean. 10 years I do not make it. If you say that I have made Rs. 10 crores within 10 years, AN HON. MEMBER: Thanks for the I shout from the house-top . . . clarification. SHRI ARJUN ARORA: Only the SHRI LOKANATH MISRA: I had Income-tax authorities can say whether you have made or not. really to laugh when I heard the argu- ments of the otherwise very able advocate SHRI LOKANATH MISRA: You of the Supreme Court. He has failed here. can check it with the Income-tax autho- I do not know if he is sharing his rities. The hon. Minister in the Minis intelligence with the rest of the Ministers.

1751 Orissa Legislative [ RAJYA SABHA ] of Duration) 1752 Assembly (Extension Bill. 1966 [Shri Lokanalh Misra] SHRI LOKANATH MISRA: It is your CBI Report, not mine. I was only try of Finance belongs to >our party. Ask instrumental in the disclosure of it. But him to set up a special enquiry as it was your CBI Report; your Home Ministry set done against Biju Patnaik and Biren up the CBI enquiry to find out facts about Mitra. Shri Biju Patnaik and Shri Biren Mitra. SHRI ARJUN ARORA: All the same As I said, that worked splendidly well you allowed it. for the first time. Thereafter, through this illegal method, this unsavoury method, SHRI LOKANATH MISRA: The sta- somehow the Congress came in a majority bility is still there. The brute majority is for the first time. But people had high still there, but the morality has gone. expectations after the Congress had a stable majority. Piior.to that, all the time the Congress leaders were preaching in the AN HON. MEMBER: According to State and in the country that it was because you. of an unstable Government that they had not been able to achieve any progress in SHRI LOKANATH MISRA: Because Orissa. Naturally when through a fluke the when a majority does not function con- Congress Party came in a majority, people scientiously, it becomes a brute majority. had high expectations of it. All the time, it was the party which was saying that be- SHRI D. C. MALLIK (Bihar): Not at cause of the unstability of the Govern- all, they have got a majority of their own ment, it was not able to do anything. Now and it is there. was the time to expect progress in Orissa out of it. So, everybody looked forward for SHRI LOKANATH MISRA: It only a rise in his economic standard, each man needs standard intelligence, I think, to in the State, irrespective of the class as the understand this as to what is the differ- Communists say, to which he belonged. ence between brute majority and only But what happened? No benefit accrued to majority. Orissa as a whole. All the benefits were taken away by people who were in SHRI D. C. MALLIK: People who authority. As I was just now saying, the have been defeated call majority as. brute great, glorious leader of the Congress, Shri majority . . . Biju Patnaik, was boasting at public meetings— "I am the same person today SHRI LOKANATH MISRA: Coming with a dhoty and a kurtha, ten years back. I back to the subject, two Chief Ministers, was borrowing a cycle from a friend of were kicked out one after the other. That mine to go from one place to another was because of serious charges of cor- because I did not own i'. And now you see, ruption, which were ultimately supported within ten years, in the socialist pattern of by the CBI Report of the Home Ministry. society, I own ten crores of rupees." As a result of this, during the last tour of (Interruptions) Yes, that is the socialistic the Congress President, Shri Kamaraj, to pattern. What I am hinting at is that this is Orissa, all these disreputed persons tried to the socialist pattern of the Congress Party rehabilitate themselves so that they could which you boast of. Now, Sir, he is one of take charge of the Congress organisation the many. The stability that was attained there again. When Shri Kamaraj paid a by the Orissa Congress ruling party has visit to Orissa, the people naturally seen two Chief Ministers being toppled wanted to show respect to him because he one after the o'her. Of course, I have my is an all-India leader and he had come own share of responsibility. over to Orissa. But these people wanted to sit on the rostrum along with him. SHRI ARJUN ARORA: You allowed Wherever these people tried to creep in to no stability to Orissa. sit on the rostrum, you would be surprised to know the political conscientiousness of 1753 Orissa Legislative [ 17 MAY 1966 ] ofDuraium) 1754 Assembly {Extension lm< ,ybb the people of Orissa, there was a universal people, the better it was. But no attention was demand to get them down. In the presence of paid to it because it does not suit the ruling Shri Kamaraj himself, in the constituency party. When it suits them, even in the which is represented by the present Law scorching sun in the month of June, they can Minister of Orissa, ail the three disreputed hold elections. But when it does not suit them, leaders were mad« to come down from the so many things are brought forward as argu- rostrum before the meeting. They had thought ments. They say there is emergency. Where that they could take shelter under Shri Kama- does the emergency exist in Orissa ? Is it a raj's visit and tried to show to the peopU (hat border State ? Is it West Bengal ? Is it Assam they stiil enjoyed the confidence ot Shri ? Is it Himachat Pradesh? Sir, Orissa is far Kamaraj. But the people did not allow it. That away f. the impact of any emergency. is an assessment which must have been conveyed to the Central Government and to The second argument is about (ho weather the Congress High Command. when they had held elections during the hottest part of the season. The third argument 3 P.M. put forward today by the Law Minister was that relief work might be affected. An SHRI B. K. MAHANTI (Orissa): It is announcement was made by the Home absolutely wrong. Minister regarding this extension in December 1965. But did the Home Minister consult his SHRI LOKANATH MISRA: If it is not own astrologer ? What is his name ? Biju Patnaik in Sambalpore, it is two others. He may be in Balassore. If it is not this SHRI DAHYABHAI V. PATEL (Gujarat): meeting, it must be another meeting. But this Haveli Ram. is what happened. I am sorry this did not have wide publicity all over the country because of SHRI LOKANATH MISRA: Perhaps he their grip on certain newspaper representatives told him then that there would he famine from Orissa. But after that a proper assessment conditions in Orissa and, therefore, the by the Central High Command has already elections should bo postponed. Now, is it that been obtained and they know where their party the Law Minister haa also his own royal stand;. astrologers to consult ?

SHRI B. K. MAHANTT: He is one of SHRI G. S. PATHAK: I have no them. astrologers. I do not believe in astrology.

SHRI LOKANATH MISRA: I am going SHRI LOKANATH MISRA : If the into the merits of the Bill to show what is the hon'ble Law Minister does not have an intention of the Government behind this move astrologer of his own, he should not have for extension. They have absolutely no hope taken up an argument which is untenable and of the Congress Party getting a majority now. frivolous. Sir, Mr. Pathak was a genius as an A3 long as possible they want this corrupt advocate. I never expected his intelligence to party in Orissa to continue in power. go down so soon after accepting the Ministry.

Now, Sir, since they have lost all hope, they SHRI G. S. PATHAK: I have forgotten all want the approval of Parliament for this my law and have come down to your level. I extension. All the Opposition parties in Orissa am sorry. were against this extension. When the move for this extension came from the ruling Party, SHRI LOKANATH MTSRA: What the Opposition parties passed resolutions happens in other countries must also be taken condemning the move. They thought the into consideration. In all other countries, sooner this corrupt Ministry went out of immediately before the elections a caretaker power, the sooner they went to the polls to get Government functions. a fresh mandate from the

1755 Orissa Legislative I RAJYA SABHA ] of Duration) 1756- Assembly (Extension Bill, 1966 [Shri Lokanath Misra.] SHRI SHEEL BHADRA YAJEE. Climate. They have developed a tradition. But in our country, in spite of the suggestion for SHRI LOKANATH MISRA: Climate the last 15 years by all the leaders of the was no consideration. It was an after- Opposition, all thinking men in the thought. country, all intelligent persons in the SHRI SHEEL BHADRA YAJEE. Last country, the Congress does not want to time they committed a mistake that they concede on this point. And how can they held the elections in summer. concede when they want to cling on to SHRI LOKANATH MISRA: Shall I power for six months more by extending have to tell Mr. Yajee that the summer the legislature's life ? How do you expect this year is less hot than the summer in this party to part with power two, three 1961 ? Perhaps, Shri Yajee knew it from months before the election and to have a Mr. Haveli Ram whether the summer this caretaker Government? They lake year was going to be hot or cold, advantage of Ihe Government (Interruptions) Please do not say that. machinery. They geared the Government Things are known all over the country. machinery so as to suit their own election purposes. Therefore, they would SHRI SHEEL BHADRA YAJEE: never concede that point. Here, in The Swatantra Party will never understand Orissa, Sir, there was an occasion for it, what is scientific socialism. and a legitimate occasion. There was absolu'ely no necessity for having an SHRI LOKANATH MISRA: Scientific extension of this Legislature. A caretaker socialism is collecting Rs. 10 crores Ministry could function and there would within ten years and evading all taxes . . . have been a concrete experiment of the SHRI DAHYABHAI V. PATEL: In a democratic functioning in this country for scientific manner. the outside world to see for which the Central Cabinet has so much of respect. SHRI LOKANATH MISRA: Yes, in a If they cared for the world opinion, scientific manner. I am extremely thankful they would have created an opinion here to Mr. Patel.. I will only make one more in Orissa. There was an occasion for the point and then sit down. Orissa now is ruling party to concede this point. This going through a crisis. The famine has put would have paved the way for democratic about 9 districts of Orissa and their people functions to develop in this country. In to a lot of distress. In the present condition spite of this, when the Law Minister is a corrupt party can never be entrusted to still determined to carry on with his Bill, look after the people properly. Even if the the only presumption would hz that if Government of India gives all the neces- there is some hope for the Congress Party sary assistance for the State, I do not think to win, immediate holding of elections is it is going to reach the people, because ordered. When the possibility is remote previously we have seen that the money the elections are postponed. If they that was meant for a certain project never wanted, elections could have been held in percolated down to the project itself, much the month of February 1966, much before of it being siphoned off in the way. the summer set in. In December, I hope, Therefore the presumption will be that they took the decision in spite of the even if assistance from the Centre is resolutions passed by all political parties substantial, there will be some doubt of the country. Are they the only whether it would reach the people or not political party to determine these and whether the people will directly things ? If it is so, then it is not a benefit from it or not. Yesterday, Mr. democracy. If you are the only person Vajpayee had made the suggestion that who would determine when to hold the there should be some vigilance from the elections' or when not to hold them, there Centre and some officer should be is no democracy functioning in this appointed by the Centre itself, not from the country. (Interruption) Shall I tell you State cadre so that the Centre could have what is democracy ? some direct control over the money 1757 Orissa Legislative [ 17 MAY 1966 ] of Duration) 1758 Assembly (Extension Bill, 1966 that is going to be spent in the famine come of the Nagpur Resolution, whereas areas. the Coalition was based on fundamental principles of socialism and fundamental Now, Sir, coming back to the Bill, I principles of co-operative farming. And would oppose it. I do not find any they did that with the full knowledge that justifiable reason for the Minister to have they were going to exploit the admi- sponsored this Bill. Thank you. nistrative machinery in their favour. They failed in that because Biju Patnaik came in SHRI B. K. MAHANTI: Mr. Vice- die way. Biju Patnaik was in business Chairman, Sir, 1 support the Bill moved long before he was entrusted with the by the Law Minister for the extension of leadership of the State as Chief Minister the duration of the Orissa Legislative OT as President of the P.C.C. Assembly. While introducing the Bill, he has elucidated the reasons and he has also SHRI LOKANATH MISRA: Since stated what is coming in the way of not when was he in business ? extending the life of the Legislature. He has stated something about acute drought SHRI B. K. MAHANTI : Since 1945. conditions in the State and also the relief In that year he was not the President of operations which are going on there and the P.C.C. He was a member of the also he has stated that the official Legislature since 1946 and he was an machinery would be geared for election ordinary Congressman. These people tried purpose and that will come in the way. to propagate against him when he was While I see very justification for the trying to frustrate the attempts made by extension of the life of the Orissa the Swatantra Party, the then Oanatantra Legislature, I feel that in the meantime Parishad, to exploit the administrative some steps should be taken by gearing up machinery in their favour by remaining in the administrative machinery so that charge of the Administration. When he elections can take place at the same time came in their way, they went and as the Lok Sabha elections, i.e. in 1967. propagated against him. They made a Mr. Lokanath Misra has narrated the representation to the late Prime Minister history of political insta bility in the Orissa Nehru. State and he also stated that the Congress was not in majority and some horse- SHRI LOKANATH MISRA : Let us trading was going oa and all that. He us have an argument, Sir. When the Chief knows it for certain that horse-trading can Minister was a Congressman, who was only go on with those people who believe heading the administration during in thai iind those who subscribe to that. coalition? How is it that he did not find Unfor tunatelv their Party which was out that the Ganatantra Parishad was Gana-tantra Parishad, without taking the gearing the administration to their verdict of the peoole, converted itself into advantage, but Shri Biju Patnaik, a private the Swatantra Party and there was a member, found it out ? Coalition Ministry with the Congress in that State on the basis of certain prin SHRI B. K. MAHANTI : The Gana- ciples and those principles were embodied tantra Parishad exploited the administra- in the Nagpur Resolution of the Congress. tion. They remained in charge of finance, They believed in democratic socialism and industry, etc. co-operative farming and all that. On that basis there was an agreement on which the SHRI LOKANATH MISRA: And Ganatantra Pa-risbad joined hands with started realising money from Biju Pat- the Congress to bring about political naik, due from him to Government. stability. In the mid-term election they got a crushing defeat from the electorate and SHRI B. K. MAHANTI : They were then the\ changed their form and became just trying to divide the official machinery thi Swatantra Party which is totally and officials were completely divided on opposed to cooperative farming and all this fundamental issue and there was a that. TTK creation of Swatantra Party was complete collapse in the administration. the out- At that stage Biju Patnaik came and took the leadership of the

1759 Orissa Legislative I RAJYA SABHA ] of Ration) 1760 Assembly (Extension Blil- 1966 [Shri B. K. Mahanti.] State with an in Kerala ray friends over there said that overwhelming majority aad he gave a democracy was at stake. But rightly crushing defeat to this Ganatantra President's Rule was promulgated They Parishad. They were propagating that they had to do it because there was no majority would be able, to eliminate the Congress party there to carry on the Government of Party in the midterm election in 1961. But that State and so there could not be any they could not do that, in spite of their Government formed. They found that the money iind experience which they had constitutional machinery came to a gamed. All that they could not use in their deadlock there. Therefore President's Rule favour because it was an unholy alliance came there. But here in Orissa the and because they themselves were corrupt Government is functioning with the and they corrupted the machinery. I will confidence of the legislature. The charge them with corruption, not the opposition parties and our party are all Congress. They corrupted the machinery represented in that Legislature and with and the people really and rightly voted the the confidence of all the parties they are Congress to power. running the Government there. So it cannot be said that it is undemocratic. In Sir, the other point which, has been view of all this I would like to support this raised relates to democratic way of life Bill and I do hope that this Bill will be and parliamentary democracy. It has been accepted by the House. said that parliamentary democracy will come to an end. I do not think so. After all SHRI BANKA BEHARY DAS we are passing this piece of legislation (Orissa): Mr. Vice-Chairman, the cir- which we have already passed in the other cumstances under which this Bill has been Home. And it is a democratic institution. introduced smack of dishonesty, if I may Nobody can deny that it is a democratic be permitted to use that word, Here we see institution. If it is not a democratic the circumstances in which political institution, then what is meant by murder of the democratic spirR has been democratic institution? We are passing it perpetrated. This Bill a a fraud on the because we have considered the state of Constitution of India. Sir, the arguments affairs prevailing in our country. The that have been advanced here were the prevailing condition is due to the very same arguments that we on the emergency, the emergency that has been Opposition advanced in 1961. When in forced on us by the Pakistani aggression February 1961, the Coalition Ministry and the Chinese aggression. We know that there resigned and the Legislature was nowhere in the country do we have bye- dissolved, elections were not held elections. No elections are going on now. immediately. The Election Commissioner For your information I may submit here visited the State and met the that in the State of Orissa, the Government representatives of all the political parties of Orissa sincerely wants the elections to and we started to discuss with him about be held soon. They have decided that they the impending elections. But he kept mum do not want to continue even for a single or rather he gave the hint that we were not day more, if not called to power. They going to have elections just then because want the elections to be held and they the election was going to synchronise with wanted them to be held in the middle of the general elections to be held in 1962. I this year. But then this was not acceptable 1 do not know how circumstances changed or possible on account of the reason ! and we had to face an election in the first which are known to alt of as. week of June, 1962. But the very same argu-nents which were advanced by us SHRI K. SUNDARAM (Madras): then ire the arguments that the Law Nothing prevented them from resigning. Minister las brought forward here to justify this extension of the life of the SHRI B. K. MAHANTI : Yes. but Orissa Legis-ature. I do not want to go into when President's Rule was promulgated the letails of the circumstances, the stink- ing political atmosphere, the maladmi- nistration, the incompetence of the Gov- 1761 Orissa Legislate [ 17 MAY 1966 ] of Duration) 1762 Assembly (Extension BtU, 1966 eminent to face the food crisis, and so on. the Constitution have been taken advan- On the contrary, on this occasion I want tage of to give a further lease of life to this to dwell upon some theoretical problems Legislature and the corrupt Government is that the Law Minister and the Congress being given a longer period than six Party are facing today. When in Kerala months. Here also it smacks of some President's Rule was introduced 1 charged dishonest motives. You know the Home the Government with following double Minister the other day announced here and standards. Here on thi. occasion I again outside also that he was going to lift the charge the Government with following emergency and that the emergency double standards. provisions would be limited to certain parts, especially the border areas, of this country. If the emergency is to be lifted, You know that there arc three positions then 1 think the Law Minister will have to or three circumstances when the Union come again to this House for an extension Parliament discusses about a State of the life of the Orissa Legislature Legislature or a State Administration. because if the emergency is lifted within When the five-year period ends as pro- one or two rgonths, then the Orissa vided in the Constitution and the question Legislature could function only for six of extension comes, then we discuss that months after that period. If they still stick matter. Another circumstance corner to this time-schedule and they extend the when the administration and the gov- Legislature by more than six months, then ernment of the particular State cannot be they will have to extend the emergency carried on in accordance with the Con- also for some more period. Here there is stitution and there is failure of the Con- conflict between what the Law Minister stitution in the State, then also we discuss says and what the Home Minister said I do the matter in the shape of a motion for not know whether they are working President's Rule. Then there is i third together. I do not know whether they have circumstance in which we discuss about a given serious thought to this aspect of the State Legislature and the State question. 1 am dealing with the question of Government and that is when the election the extension of the tenure of the Orissa is held and no party emerges as a single Legislature. In such circumstances I majority party. These are the three should also like to appeal to the Law constitutional positions that we have been Minister to give serious thought to this facing in India within the la t eighteen matter that when for certain reasons or in years. I hope the Law Mini -ter will find certain circumstances we agree that we out some solution to these three positions. cannot face the election during the summer Unless they evolve a constitutional or during the rains, then it is always in the machinery, a constitution.tl remedy to fit-ness of things that the Ministry should these three circumstances, they will be resign earlier and face the electorate I only stumbling from one position to know that in a democracy the majority another and they will be guided by party party has the option as in England and if considerations in their attempt to meet the they want not to prolong their life by more situation. than 5 years, it is always open to them to have the option and it is always jn the I have an answer to meet these three fitness of things that they should go to the positions and I expect the hon. Law Mi- electorate much earlier, before the five- nister to consider the solution that I year period expires. the case of Orissa if suggest and a healthy convention should thev do not want to be accired of having be established in this country with the double standards they should have advised help of the Congress Party and all the their own Ministry in Orissa to advise the Opposition Parties, so that we can bring Governor to dissolve the Orrsa Legislature about a solution of these three deadlocks and to go to the polls before the summer that we face in this country. came. Otherwise the next ^ernative is. the moment the five-year tenure is over. Pre- c As regards this question of Orissa, you sident's Rule hould be imposed. These are know that the life of the Orissa Legisla- the two alternatives that we have to ture is going to expire in the month of August. The emergency provisions of 1763 Orissa Legislative [ RAJYA SABHA ] of Duration) 1764 Assembly (Extension Hill, 1966 [Shri Banka Behary Das.] consider. If | lature by the Governor or by anybody in we. do not consider these two alternatives Delhi; it should be decided by the and accept one of them, then the net result Assembly itself. And here I can give you a will be that whichever political party is in precedent, the precedent of France. There, power they will take advantage of the as you know, a party, even if it is not in a emergency provisions and the majority, if it is prepared to form a constitutional provisions to lengthen the Ministry, is allowed to do so. Whichever life of the Legislature to suit their own party comes forward to form a Ministry is political motives. Here in the case of allowed to do so and face the Parliament. Orissa. 1 would have liked the Orissa If the Parliament votes it down, then some Ministry to have resigned earlier and other party will try. We should also try the advised the Governor to dissolve the same method in India. You know in Legislature and to face the electorate Kerala some other parties were prepared before the summer or the rains came. Sir, to form a Ministry. If they could evolve a the next alternative for them is for the coalition, if they could have a Ministry Ministry to resign by August 20th and the with the implicit support of the Members President's Rule should be imposed. If of the Kerala legislature, tfrey should have there is any difficulty in the Constitution been allowed to form the Ministry and we in doing this and if you think that this is could have found out if the legislature had the only healthy convention that should be confidence m them but the things were adopted, then, if necessary, the decided from outside. The Governor Constitution should be amended. That is decided whether a Ministry could be the only way in which we can face such a formed- there or not and you know how situation. It is not only this case of Orissa Governors are appointed here. I do not which has arisen now it may arise in future want to go into that aspect now but this is also and I humbly submit to the Congress the only method by which we can decide, Party that they should consider this aspect after the legislature is formed, whether a seriously. Some months back a Committee Ministry can function or not with the full of the Congress was constituted under the support of the legislature of that State. leadership if Mr. S. K. Patil to consider this aspect. I do not know what happened The third eventuality comes when a to that Committee or to the report of that Ministry is there and when for certain Committee. reasons the Ministry falls and cannot get the majority support of the House. Then The second alternative come> when there is constitutional failure according to just like in Kerala an election is held and the Constitution of our country and there no single party emerges as the majority might be President's rule. But every six party. There also I have a solution to months the legislature should be invoked offer. Whichever party is prepared to and the political parties should be allowed form a Ministry should be allowed to to see whether they could form a form the Ministry and face the Assembly. Government or not if we decide that the The Assembly should be the sovereign State should not go to the polls. If it goes body to decide whether the Ministry to the polls after the completion of six should continue or not. months, then there is no difficulty but if the Government feel with their own SHRI D. C. MALLIK : If there is the subjective vision that there is a likelihood Assembly; not the Assembly. of instability, then they should not decide on this question unilaterally. The legislature should be invoked and the SHRI BANKA BEHARY DAS: legislature should decide whether a Assembly always means the majority. Government could be formed or not.

SHRI D. C. MALLIK : If there is no These are the three constitutional majority, who will decide ? eventualities that we have before us and SHRI BANKA BEHARY DAS: It should not be decided outside the legis-

1765 Orissa Legislative [ 17 MAY 1966 ] of Duration) 1766 Assembly {Extension Bill, 1966 what is the answer of the Congress Party lute majority rp|arty trwJre. It had a and the Government to this ? The only strength of 67 in the House of 140. With answer is they do not want to evolve the help of some independent people, by healthy conventions in India; they want to nefarious means, by horse trading they deal with situations as they arise and solve could form a Government. In 1957 also them from one and the only consideration the same situation arose. It was still worse and that is the consideration •of political and the Congress Party was reduced to 57 expediency. Taking advantage of this out of 140. And you know what methods Orissa Extension Bill, I want to suggest to were adopted. I do not want to refer to the Law Minister and to the Congress those things because when we remember High Command that the> should not think all those happenings—I was myself a that the Congress Party will be in majority Member of the Legislature—we are for all time to come; they should not think ashamed of the role that was played by the that in most of the States they can have Congress Party at that time. Here if majority for even some ten years; they anybody wants to dispute these facts, I should not think that in Delhi too they will will only refer him to the writings of . . hav« majority for all time to come. The . Con ^.timiion of India has to live; the State ol India has to live and the only SHRI D. C. MALLIK: Just now you solution for all these three constitutional yourself said that any party that comes eventualities is to sit together and decide forward should be allowed to do so and what should be done in these face the legislature and now you are cri- circumstances I agree that we cannot ticising it. have cut and dried solutions always if we had cut and dried solutions for SHRI BANKA BEHARY DAS: all these •eventualities, then we can When I say they should be allowed, it easily amend the Constitution of India. means they should face the legislature and There might be some circumstances, some if the legislature votes them down, they eventualities which we cannot anticipate. should quit. That is the only solution So the o»ly way out is that all the because no single party can have absolute political parties of India should sit together majority for a long time. I was about to and evolve certain conventions which refer to what Dr. Hare Krushna Mahatab, would meet such situations whether it in his own paper, 'Praja Tantra' wrote is i question of extension of the about the 1957 elections. You know legislature of a State or whether it is a he headed the Congress Ministry and it question of imposing President's rule when was not a coalition Ministry. He has the constitutional machinery fails. clearly depicted the various means that Under the circumstances I will appeal to were resorted to including purchase of the Law Minister and to the Congress Assembly members, how horse trading Party that the situation is going to change was adopted to see that a Congress in India. They should see the writing on Ministry was saddled in power in the the wall. As a majority party in this State. I am not, as an Opposition country thev have to evolve healthy member, accusing the Congress Party of conventions to meet such consti'utional horse trading; it is the leader of the jventualitk s and see that they do not recur Congress who formed the Ministry with in future. If it recurs, we should have some the help of the present rulers, Mr. Biju read> -made solutions in the form of Patnaik and Mr. Btren Mitra who said constitutional amendments or conventions. what nefarious means were adopted to sec that, the Congress was saddled in In this connection I want to refer to the power. The Orissa Congress after 1961 situation in Orissa. There is so much of elections boasted that they had the talk about stability. I do not want to refer majority on their side, they had a majority to those facts which my hon. friend, Mr. of 85 in a House of 140. But what is the Misra, mentioned. You know in 1952, result ? Numbers never give you political after the Constitution was adopted, in the stability in this country; it is only quality first general election the Congress did not that can give you stability in Ind:a. In emerge as the abso- spite of the fact that they had a brute majority of 85, 1767 Orissa Legislative [ RAJYA SABHA ] o) Duration) 1768 Assembly (Extension Bill, 1966 IShri Baaka Behary Das.] wo arc having a SHRI S. SUPAKAR (Orissa): Mr. Vice- third Ministry in that State after Mr. Biju Chairman, it is very interesting that recently Patnaik stepped down and alter Mr. Biren very serious and democratically minded people Mitra stepped down and the same instability are evolving a thesis that President's Rule is continues. Even within the ruling party, if you better than democratic rule by a Legislature. see the papers, you will find what is happen- When there-is a calamity of this nature ing. In the last so many months so many hauntinj State of Orissa, when there is acute dissidents have walked out and in the Congress scarcity, will it be better if the Ministry is Party itself they are divided to such an extent asked to go and the officers are allowed to do that there are three groups among the as they please, with the Centre at a distance of Ministerialists. We do not know but if you about a thousand miles'.' The Members of the extend the life of this Assembly we may have Opposition in the Orissa State Legislature, who a fourth Ministry in that State. I therefore say have a chance to bring to book the Government that by sheer numbers you can never have for thei^ Shortcomings, the rfuling Party for stability in India. their shortcomings, should be held responsible. This has been suggested not only in the. case Sir, 1 hu\c given you certain circumstances of Orissa, but also in other States like U.P. and eventualities and certain solutions to meet where-merely by making the State Legislature such situations and I hope that the Minister, not function for a single day by the method of when he replies, will reply in regard to those "Ghera Dalo", it has been suggested that the three eventualities. If he does not, and if he Ministry there also is incompetent and it gives only stop-gap solutions, in spite of the should be substituted by President's Rule. At fact that he is a very great lawyer of eminence, least 1 am not amused by this theory. I would he will be killing the very spirit of democracy say that if really the Government of Orissa is and the Constitution, which we have accepted incompetent, it would be wise on the part of and to which we owe allegiance. With these the Opposition to give it a long rope to hang words, I am not at one with this Bill. 1 know it itself with. If they cannot hang the Orissa is already late and we cannot go in for elections Government,, then the rope will be long just now because the Congress Party created enough' for them to hang themselves with it. such a situation that we have to face certain circumstance's in Orissa. Just now during the [THE DEPUTY CHAIRMAN in the Chair.] rains we cannot go in for the elections. But I want to submit that this is not the only occasion Now, certain facts were forgotten by the when we are facing this situation. We faced first speaker who opened the debate, Shri such a situation in 1961 in Orissa and other Lokanath Misra. 1 am afraid he has a very States also. In future also everybody is going to short memoiy. He was saying that all the face such a situation. The only remedy is that Parties in the Opposition did not want the we should evolve a healthy convention to meet election to be postponed. They wanted the any such eventuality. Because they have not election to be held in the early part of 1966, resigned and because they have not gone to the but it was only the decision of the Government polls, the only solution is this. After 20tfi of India, as declared on IOth December, 1965, August, when the life of this Legislature and that led to this position that tbe election to the the Ministry expires, they should have State Legislature be syrt-chronised with the President's Rule. If the Constitution does not election to Parliament. The facts are quite provide for this healthy tradition, the Con- otherwise. It is not a fact that Mr. HaveK Ram stitution should be amended, so that we can was responsible for the declaration that was have President's Rule in Orissa and we can go made by Shri Ashok Sen on 10th December. to the polls simultaneously along with the 1965. entire country. SHRI LOKANATH MISRA: I did not say Thank you. Mr. Ashok Sen. Do not make that statement. I said the Home Minister. 1769 Orissa Legislative [ 17 MAY 1966 ] of Duration) 1770' •nhlv [Extension Bill, 1966 SHRI S. SUPAKAR: Yes, (he Home unwise on the part of the Government to Minister. have announced it at that stage and it is uawise on the part of the Government SHRI I.OKANATH MISRA: How do now to postpone the election. I also MIOW it ? expect Shri Lokanath Misra to say, 'Let the election take place in the near future." SHRI S. SUPAKAR: Anyway, it is the He did not make any assertion to that Government which made the statement. effect. You will admit that. Before that, the responsibility for postponing elections to ; SHRI LOKANATH MISRA: If I the Or >sa Legislature before 1965 or in assert it, will you hold the election 7 the early part of 1965 must go to the credit of the Leader of the Opposition in the Orissa Legislative Assembly, who SHRI S. SUPAKAR: You cannot sent a telegram to his counterpart in assert. Kajya Sabha, who read out that telegram in November, 1965 . . . SHRI LOKANATH MISRA: I an* asserting. I am demanding the election SHRI LOKANATH MISRA: He has now. raised that point and he is misrepre ing the entire facts. SHRI S. SUPAKAR : You should have SHRI S. SUPAKAR: [ am presenting asserted then, before the declaration was the correct facts before the Hon ic made by the Government of India to UK effect that the elections should not be SHRI LOKANATH MISRA: On a synchronised. It is also a fact thai neither point of personal explanation now that he now nor before the declaration of has brought me in and he has brought in December 1965 the P.S.P. and the the Leader of the Opposition, I must be Communists, who are the other allowed to explain it. The Leader of the opposition parties, were prepared to face Opposition sent a telegram to Shri two elections within the course of one Dahyabhai Patel to take up the matter year, and rightly so because of the e«- wkfi the Government of India, so that on pensiveness, because of the amount of the plea of ensuing elections the relief work labour involved in the case of each par- should not be suspended or relaxed and on ticular candidate of the parties concerned. the plea of the officers' involvement in It is just possible that the Swatantra Party relief work the elections there should not has the funds to run two elections, one in be suspended, summer 1966 and another general election to the Parliament in 1967. But I am sure SHRI S. SUPAKAR: That is exactly the other opposition Parties do not want what I am stating. an election to be held within the next two months, and that is why it has been THE DEPUTY CHAIRMAN: He has suggested that there should be President's said what you wanted to say. rule instead of an election being held. Therefore, I feel that the assertion that SHRI S. SUPAKAR: It was urged that was made by Shri Lokanath Misra that the relief work be not hampeted. They the Swatantra Party and the opposition say that on the plea of holding elections Parties wanted two elections, one election relief work should not be hindered. Now, for the Orissa Legislature in 1966 and the actual stage has appeared when . . another election to Parliament in 1967, is . not based on facts.

SHRI LOKANATH MISRA: A SHRI LOKANATH MISRA: But we drowning man catches at a straw. sent a copy to the Home Minister.

SHRI S. SUPAKAR: It was stated that SHRI S. SUPAKAR: I can quote your more and more officers would be telegram. necessary. It is now stated that it was 1771 Orissa Legislative [ RAJYA SABHA ] of Duration) 1772 Assembly (Extension Bill, 1966 SHRI LOKANATH MISRA: Madam, SHRI M. N. GOVINDAN NAIR: The it is a confusion. The telegram meant that grounds are expenses. Now, by any stretch relief work on no account should be of imagination, did the farmers of the suspended because that was so necessary Constitution envisage that the expenses to for the people. In spite of that you could an election would be considered as a hold the election. What stood in the way? ground of emergency for postponing the election ? They say that the difficulty is, as THE DEPUTY CHAIRMAN: Let him my hon. friend pointed out, that, if we are have, his say. going to have an election now for the Assembly, after six months there will be SHRI S. SUPAKAR: The Government another election; so why this double of Orissa was preparing for the election to expenditure? How is it that this wisdom the panchayats. Hut that had also to be did not dawn on them in 1962? Of course suspended on account of the acute the 1961 elections could not be avoided, we drought situation and the necessity of could understand it, because there was a having an extensive amount of relief constitutional crisis; so an election was programme on their hands. Therefore, I necessary. But then in 1962 when there think it is necessary at this stage to extend was general election throughout the the life of the Orissa Legislative Assembly country if they had conducted an election which expires on 20th August, 1966, and for the Assembly also, that would have about six months after that period the saved much of the money and trouble. general election for Parliament is going to After that, elections in Orissa also would be held between 19th and 26th February, have taken place at the same time when and it would not be wise or proper or general elections were held. In kerala also politic to hold two elections in the course the same thing happened. There was a of about six months. Therefore, this Bill demand by the opposition Parties in 1962 deserves the support of the entire House to conduct the elections to Assembly also including the Members opposite. Thank together with the election to Parliament. you. We had some discussion with the Election Commissioner also as to why not we have SHRI M. N. GOVINDAN NAIR: an election in 1962 both for the Assembly Madam Deputy Chairman, here is another and Parliament so that thereafter elections Bill which goes counter to the spirit of might be conducted at the same time the Constitution. A very eminent throughout India both for the Parliament constitutional lawyer like Mr. Pathak and the Assemblies, At that time this who, as a Member of this House and wisdom did not dawn on the ruling Party about whom . . . because they thought that it suited their convenience. SHRI AKBAR ALI KHAN: He is a Member. Another reason that has been spoken of here is climate. I agree that the climate is SHRI LOKANATH MISRA: Apart very much against the ruling Party. from that he is a Minister. AN HON. MEMBER: Including the SHRI M. N. GOVINDAN NAIR: He is political climate. a Member; otherwise how can he be a Minister ? While he, as an ordinary SHRI M. N. GOVINDAN NAIR: The Member, had earned our great respect for climate is not rain, nothing like that. The his views especially on matters of the political climate is very much against Constitution, it is a pity that now, as the them. There is complete drought for the Law Minister, he quotes an emergency Congress. It is very much against them provision of the Constitution to postpone and that is why they are trying to the elections there in Orissa. What are the postpone the evil day. Everybody knows grounds ? that in this House Orissa had been, discussed several times, the SHRI LOKANATH MISRA : He quotes the Secretary's notes. 1773 Orissa Lenislotive [ 17 MAY 1966 J of Duration) 1774 Assembly (Extension Bill, 1966 C.B.I. report, the change of Ministry, all 1 but as a legal luminary he must be these things, and now what is the latest ! against it. position? Not only the people have gone against them but the Congress itself is SHRI M. N. GOVINDAN NAIR : My split. The e is an open split in the hon. friend. Shri Banka Behary Das raised Congress. certain pertinent constitutional points for the consideration of the ruling party as SHRI LOKANATH MISRA: Jana well as the Law Minister. Congress. Now, we have a written Constitution SHRI M. N. GOVINDAN NAIR: That and where our Const.tution cannot give a is the name of the new Congress. solution lo any new problem that arises, we always try to follow the British SHRI LOKANATH MISRA: Many example. Now in Britain, whenever there people in Orissa call it Mahtab Congress. is any difficulty, they immediately approach the people, get their mandate. SHRI M. N. GOVINDAN NAIR: He That has been the convention. Why has another group but he is still in the cannot the Indian Government also Congress. There is somebody else too. follow that example : Here the difficulty The position is because of corruption the is that unfortunately the party which has Central Government itself was forced to absolutely no faith ic democracy, on them adflse the Orissa Government that Chief has fallen the responsibility of protecting Minister Biju Patnaik should step down. democracy. He did it; also another gentleman, Shri Biren Mitra. Of course he was a Mitra of SHRI SHEEL BHADRA YAJEE : Shri Hiju Patnaik. Question. 4 P.M. SHRI M. N. GOVINDAN NAIR : They do not respect democratic values. After some time he also had to get They are somehow trying to maintain down. All these things will definitely some democratic form. You are affect the prestige of the organisatiun. questioning me. It was only two days ago And then there is this split. More than that thaf the Leader of the House, Shri Chagla, there is the callous indifference in when we were discussing about adult dealing with the question of famine education blamed democracy for the conditions there. So, under such cir- failure. He asserted that unless there is cumstances, the political climate must be regimentation, nothing is possible. very much against the ruling party and so Whenever you discuss the econo mic they found an easy excuse in the name of evils of the country, again the answer is, expenditure to postpone the elections. in a democracy it is difficult to overcome And that Shri Pathak, who happens to be them. So, you people who profess the Law Minister, should be a party to it. yourselves to be the advocates of is what pains me most. democracy, whenever any serious situation comes up, you try to take shelter Another question was raised by my under the cover of democracy, saying that Tion. friend. . . democracy is responsible for all these SHRI LOKANATH MISRA : evils. That is why I say that you have got no respect for democratic values. Against his will. SHRI M. N. GOVINDAN NAIR : J do SHRI T. V. ANANDAN (Madias) Has not know. Since Shri Pathak is not the your party done anything ? topic of discussion, I do not want to go SHRI M. N. GOVINDAN NAIR : further into that matter. Unfortunately, our party is not the ruling SHRI LOKANATH MISRA : He has party. We will come to that when we arc become a dual personality. Now, as the the ruling party and then we can discuss Minister, he is sponsoring the Bill our failures. Hitherto, you were

1775 Orissa Legislative [ RAJYA SABHA of Duration) 1776 Assembly (Extension «/// IQAA Phri M. N. Govindan Nair.] trying 10 keep SHRI ATAL BIHARI VAJPAYEE \ We to forms even though you had no respect for will never allow it. any democratic value. Even though you hud no basic faith in democracy, you were trying SHRI LOKANA 1 H MISRA • to maintain That will be the verdict. ; lain democratic forms. Now. you are trying to give a go-by even to that. And the SHRI T. V. ANANDAN : It is due to the attitude, the approach, you had na the Kerala verdict of the people lhat you represent the issue, the approach you Va\e taken in the Communist Party here. matter of Orissa, all Iftc-e are indications that within a short time you may be giving the go- SHRI M. N. GOVINDAN NAIR : The by even to tl s democratic form. verdict of the people will go against you in a number of States such as Orissa. Do you mean SHRI SHEEL BHADRA YAJEE : Unless to say that you can get a majority ? and until people like you . . . SHRI SHEEL BHADRA YAJEE : Yes, SHRI M. N. GOVINDAN NAIR : The why not? other day, while we were discussing s«me other Bill, I think it was the hon. Minister, SHRI M. N. GOVINDAN NAIR : In Shri Bhagat, who said that what suits India is Kerala, do you mean to say that the Congress not the present form of Government. He said, will get a majority ? it is the presidential form of democracy that would Mi'l a country like ours. That is what SHRI T. V. ANANDAN : Even in Kerala. he has said. And I know that a good number of people within the ruling party are thinking 'Interruptions) in terms of somehow getting rid of the present Constitution and having some other form of SHRI ATAL BIHARI VAJPAYEE : They government whereby they can cling on to rule by proxy. power for a longer time. SHRI M. N. GOVINDAN NAIR : When you cannot get the verdict of the people in Now, as another hon. Member pointed out, your favour, when you are going to be reduced you should not be ignorant about the writing to a minority, my point is this : Are you going on the wall because you can ISe assured that to take t» subterranean methods by which you after the General Elections in 1967 in many want to catch power, to cling on to power ? States you are going to be reduced to & minority.. . SHRI AKBAR ALI KHAN : No. SHRI T. V. ANANDAN : Who ? SHRI M. N. GOVINDAN NAIR : SHRI M. N. GOVINDAN NAIR : Tlie That is exactly what you have done during all Congress. I do not want to say ttoat we are these years. Even for the continuance of a going to be the rulers. Let us face the realities. healthy democracy, a strong opposition is a Why should you feel hurt when I say that you necessity. Even that you cannot tolerate. How are not going to be the ruling party ? They difficult is the approach in Britain. I am quot- believe in democracy; they say that they have ing a particular instance. Immediately after the faith in democracy. But they can never think last war, Churchill's party was defeated and of a situation when any other party comes to another party came to power. power, getting » majority and displacing them. This attitude goes against the very roots of (Interruptions) ocracy, SHRI SHEEL BHADRA YAJEE: But the Communist Party of U. K. got cipher in SHRI T. V. ANANDAN : That is the of the British Parliament. people.

1777 Orissa Legislative { 17 MAY 1966 ] of Duration) 1778 Assembly {Extension Bill, 1966 SHRI ATAL BIHARI VAJPAYF1 : cussed, 1 do not want to quote the ins- It is also democracy. tances, from our experience in Keraln. nl the last IS years. If you look at the * SHRI AKBAR ALI KHAN ; Do you developments in Kerala dispassionately, seriously think that any other party you will find how at every stage the would come in a majority in any Suite ? Congress Party behaved in (ho most Then there might be confusion undemocratic manner so that Ihuy may either directly or indirectly, ding on to SHRI M. N. GOVINDAN NAIR : If power. You will see thai the root of the you are still under the impression that troubles. you will be in a majority ... THE DEPUTY CHAIRMAN : Your SHRI AKBAR ALI KHAN . 1 n time is up. asking about the Opposition? Will there be any Opposition party in power ? SHRI M. N, GOVINDAN NAIR : You mean to say that you are go'.n^ to discuss SHRI M. N. GOVINDAN NAIR : any other thing today ? } am discussing this question mainly from the point of view of constitutional THE DEPUTY CHAIRMAN : Bul implications. there are some other speakers also.

But Churchill did not lead a liberation SHRI LOKANATH MISRA : If I may struggle. Just as the Congress has some interrupt you. Mr. Nair, for some claim for winning the independence >l Ministers, whether it is in the Centre or in India, Churchill definitely had a decisive the States, it has beconte almost a senior role in saving Britain during the most administrative service, without an age of critical period of England's history. Yet retirement. he did not lead a liberation struggle. (Interruption by Shri Sheet lihadra SHRI M. N. GOVINDAN NAIR : That Yajee) Please hear me. My hon. freind, is another point. It is true that with this Mr. Yajee, has been absent from our monopoly of power in a particular party House for some time, therefore, he is for a pretty long time Miais-try becomes interrupting so much. My point is if just like another administrative service. Churchill were to be a Congress leader in The appointment of a Deputy Minister to India, he would have led a very big the post of a Minuter of State is looked liberation struggle against the Labour upon like the pro motion of an Under Party. With all his military experiences. Secretary to the post of a Secretary. That I do not know what he would have shows their approach. So instead of* made of this country. So this attitude I service to the people, they have developed want you to give up. It is not only a a service mentality. question of saving democracy, it is a question of saving our country. If SHRI LOKANATH MISRA : India is to remain one, in some States it may be the Communists, in some Cadre mentality-SHRI ATAL BIHARI States it may be the Swatantra Party while in some others it may be the Jana VAJPAYEE : Sangh that may be getting a majority. AH Order of precedence. these eventualities you have to be prepared to face and you should not get SHRI M. N. GOVINDAN NAIR : You upset over these developments. If vou should behave as a democratic want to maintain the democratic form, organisation. The time has come when as envisaged in the Constitution, you you should get defeated in some States. should have a little bit of tolerance. This Since the Opposition is weak, you are is exactly what you do not like. You are spoiling yourself. The people are so much so greedy of power that you cannot, for a fed up with your administration that in moment, think of a situation where some many States in the next general elections other party is in power. When the Orissa you are going to be routed. It is question is being dis- unfortunate that a good man like 1779 Orissa Legislative [ RAJYA SABHA ] of Duration 1780 Assembly (Extension Bill, 1966

[Shri M. N. Govindan Nair.J Mr. Pathak, unfortunately In the position of the Law Minister, has to come forward with this kind of a Bill to see that the Congress continues in power. That situation, unfortunate as it is, should be avoided at least in future. Therefore, if you have faith in democracy, you should make a departure from this type of approach. Thank you, Madun. THE DEPUTY CHAIRMAN : Mr. Yajee. SHRI M. N. GOVINDAN NAIR : Speak in English. SHRI SHEEL BHADRA YAJEE : I Hindi is the lingua franca. English is the second language. It is an associate langu- age-

SHRI LOKANATH MISRA : He be- longs to the ruling Party. He must speak in the first language.

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SHRI T. CHENGALVAROYAN (Madras) : Madam Deputy Chairman, I am not sure whether I will be within my limits if I participate in the discus-sioa in support of this Bill. For one thing I do not belong to the region and to the State in respect of which this Bill has come about but because it involves big, large and wide issues of national importance I venture to submit one or two words in support of this Bill.

Madam Deputy Chairman, there has been very wide criticism almost bordering on great fervour that we on this side of the House are committing a fraud upon the Constitution. I was rather cut to the quick when that criticism was made and therefore I hasten to answer that criticism by drawing the attention of the hon. Member who said that this is a fraud upon the Constitution, upon article 327 of the Constitution, which provides ample and plenary powers to Parliament to make law touching any matter relating to the election to the legislature. Therefore, Madam Deputy Chairman, we should not be accused of committing a fraud upon the Constitution. 1793 Orissa Legislative [ 17 MAY 1966 ] of Duration) 1794 Assembly {Extension Bill, 1966 Secondly, there has been a criticism got this on* extension legislation, we that we are burying democracy. I am would have brought legislation to extend rather afraid that the criticism Is mor the lifetime of all the legislatures in the appropriate to the quarters from which it country. Have We done that ? Will we do emanated. Persons who have b uii el that ? No; that is not our tradition; that is democracy five fathoms deep are now not going to be our case. Therefore it is paying homage to the maintenance and to very regrettable that, knowing the history the sublimation of democracy. We are the of the Congress and the great role that the last persons on this side of the House to Congress has played in the last so many do anything to derogate democracy in our years, we arc accused of being addicted country. It is not vainglory on my part to power. We are not drunk in the when I say that we alone are giving life delirium and domination of power either blood to democracy in this country. in this State of Orissa or anywhere else. We welcome the verdict of the people. SHRI ATAL BIHARI VAJPAYEE : Therefore the criticism that we are Nonsense. addicted to power and therefore want to postpone the election in Orissa is really SHRI T. CHENGALVAROYAN : not correct. And if it comes to that, Madam Deputy Chairman, we will rather abdicate power Madam, there is one other point. Why but not lose democracy in the countn. is it that we are anxious to see that the life Democracy has taken such deep roots of the legislature in Orissa is given an that we want to maintain it, water it and extension ? I am sure the hon. Law nourish it not merely with water but even Minister, the doyen of legal learning, will if necessary with our blood. Therefore the bear with me when I say that it is not so argument that we have given the go-by to much an extension of the life of the democracy is certainly not appropriate to legislature as. if I may use the lawyer's us and is entirely inco -rect. phrase, a holding over for a certain time. Therefore, to say that this is extending the Thirdly, Madam, the argument was that life of the legislature, is neither politically we are afraid of facing the electorate. Our right nor legally appropriate. What is it history is there for the la t 17 years and I that we are doing ? We are only holding am sure it will give proof in the coming it over, postponing the day of the election. years too. If at all there is one party My very good friend, Mr. Lokanath which has abiding faith in the verdict of Misra, said we were postponing the evil the people of this countr it is the Indian day. Even so the evil day is postponed, National Congress and Congress alone. I not avoided. What is it they are saying ? am not afraid of the electorate or of the Are we afraid of the verdict of the people verdict of the people and if the people ? We will go to the people of Orissa and choose to give a verdict against us, we are say, 'here is the record of our work; judge the firtl persons to venerate that verdict. us by our work and give us the verdict.' What did we do in Kerala ? When the Madam, yesterday we heard harrowing people give a verdict against the tales, particularly from my good friend, Congress, we invited and installed the Mr. Lokanath Misra, of appalling poverty, Communist Party in Government in of extreme starvation and of the famine Kerala but unfortunately that Communist conditions in very mnnv districts of Government died unwept, unhonoured, Orissa Slate. They complained, and unsun;. soon after it was installed in perhaps rightly, that the administrative power. Therefore it is a far distant cry to machinery was not adequate to meet the charge us that we are anxious to get into acute famine conditions. In, fact he drew power and therefore we want to postpone tears of blood from our eyes and if we had the elections. Madam. J am not vainglo- any occasion to shed tears, that was the rious if I say that if that is the mind of the occasion but now I am surprised, shocked. Congress and the Congress Government staasered, to hear from my friend, Mr. in the country, we would not have Lokanath Misra, that the election must be held. Of the many reasons why 1795 Orissa Legislative [ RAJYA SABHA ] of Duration) 1796 Assembly (Extension Bill, 1966 [Shri T. Chaengalvaroyan.] SHRI M. P. BHARGAVA (Uttar elections should be postponed, I feel this Pradesh) : Madam Deputy Chairman, I is the most important; the elections have rise to support the Bill moved by my hon. to be postponed in consideration of the friend, Mr. Pathak. The point at issue is a gigantic and great task of amelioration of very simple one and that is whether the the condition of the people in Orissa. Are time is appropriate for holding elections we to conduct an election now or are we in Orissa or whether they should be to give succour and food to the starving postponed to a later date. When the people of the State? The choice of the question of holding or not holding the Government is very clear and convincing bye-elections came up, after the Indo-Pak and I am sure hon. Members opposite will conflict was over, a meeting of all the have the catholicity to judge us from the Parties was called by the Election correct angle. Today we do not want to Commission and this question was posed divert the administrative machinery, we before them, whether the bye-elections do not want to disturb the representatives should be held or should not be held. The of the people; we do not want to divide the decision taken by the all-Parties attention of the social service organisa- Conference was that the time was not ions and the innumerable agencies of the appropriate for holding bye-elections and, representatives of the people engaged in therefore, it was decided that all the bye- giving succour to the famine-stricken elections to the State Assemblies and people of Orissa. If we do this, I feel we Parliament be held over, that they should should not be accused of any political not be held. Now, when all the political motives. We are fulfilling a great task and Parties feel that this is not the time for we are standing with the people of Orissa. holding bye-elections to the Assemblies and Parliament, I fail to understand how Madam, once more, may [ repeat that anybody from the opposition can get up we are not afraid of the verdict of the and say, this is the time for holding people, whatever that may be and at the elections in Orissa for the Orissa proper time we will meet my friend, Mr. Assembly. I do not know with what Lokanath Misra. We will see what the standard they measure the bye-elections people have to say and we will take it, and with what standard they measure the whatever it is, cheerfully, gladly, obedi- election to the Orissa Assembly. ently and save democracy not only for the country but for even most of our friends on the other side. With these Now, my friend, Mr. Lokanath Misra, gave the genesis of th Orissa troubles. I words I have very great pleasure in e have my own genesis of the Orissa supporting this Bill and I appeal to all trouble. So long as the Opposition felt sections of the House to raise this ques- that they had some say in Orissa matters, tion above the party pedestal and with a single united voice give their verdict on they were quite happy. When the this broad issue of national importance. elections were held, they were happy. When the elections were not held, they Very grave issues are facing our were happy. But when they found in 1961 country. It is not a municipal election. It that they were swept off the polls and the is not a local body election. It is election Congress got a huge majority in the to the Legislature where the political Orissa Legislature, they went helter- verdict of the people has to be ascertained. skelter. They began to think about what Let it not be ascertained fragmentally. Let they should do to regain their lost it not be ascertained territorially. Let it be prestige. "How can we get hold of the ascertained on a national scale and that is position from which we have been dis- the theory behind this Bill. placed by the Congress Party ?" The methods adopted are well known to this With these words, I have great pleas- House and I need not go into them. First, ure in lending my support to this Bill. their attack was on the then Chief Minister, Mr. Biju Patnaik, who was the man who had organised the elections, who had seen to it that the Congress 1797 Orissa Legislative [ 17 MAY 1966 ] of Duration) 1798 Assembly (Extension Bill, 1966 won a big thumping majority in Orissa. cratic Ministry functioning, with a majo- I am not going into the merits oi deme- rity at its backing, you want it to be rits of the charges brought uo againsl dismissed and the State to be taken over Mr. Biju Patnaik. What I want to say is by the President. I fail to understand this this. They found that the Congrcs Party argument. was well entrenched in Orissa and they would not be able to cut much ice. Now, my friead, Mr. Lokanatb Misra, Therefore, they thought: "We must do admitted that Mr. Patbak is a genius, but something to break this Party by what- in bringing this Bill before the House he ever means, fair or foul, we can." They has not shown that capacity which he is succeeded in getting Mr. Biju Patnaik famous for as a genius. Now 1 would removed, without breaking the Party. only narrate this example. Suppose Then, they thought that the shot had Ramanathan Krishnan, who is a top misfired. tennis player of India, plays against an internationally renowned tennis player. SHRI MULKA He puts up a very good fight and he gets GOVJNDA all the laurels. Suppose for a moment he REDDY : Mr. Biju Patnaik was remov- has no chance of playing against any ed under the Kamraj plan. international player, bitf was pitted against the amateur/players of the country. What SHRI M. P. BHARGAVA : Yes would he do ? His tennis will go down you all wanted that he should leave. and wnat ever name he has earned will That 1 all. Then Mr. Biren Mitra gradually fade away. The same is the case came OH ihe scene and the attack with Mr. Pathak. In all humility I beg to began to mount against him. Again, say that. In the Supreme Court he was Mr. Bireu Mitra left the scene. The pitted against genius—genius against Opposition ParUc thought, "We have genius. Here I am sorry to say that Mr. achieved a big sue cess in driving out Pathak is pitted against something far two stalwart, Chic Ministers from the away from genius. Therefore, to those scene of Orissa.' Then, came the people, who are far away from genius, third Chief Minister. Mr. Sadasiva what looks like is that Mr. Pathak has Tripathy. Now, the House is well ceased to be a genius and he has come aware how they are trying all kinds of down to their own level, if 1 may say so. methods to see that this gentleman is also discredited and they are leav > ing SHRI MULKA GOVINDA no stone unturned towards that end REDDY : We only sympathise with him. Yet, with all their attempts they have He has to defend a case which is not not succeeded in breaking the defendable. Congres. Party, which is their main SHRI M. P. BHARGAVA. Well, it is aim in Orissa not a case where it is not defendable. It is a case which is thoroughly defend- Now, let us examine another inconsis- able by argument. If the Opposition tent position. In Kerala, where there is Parties wish to meet argument by argu- President's Rule, for reasons best ment it can be done. But if they have known to this House, their plea is that certain arguments for a particular case . . election should be held. President's Rule . should be removed and democratic functioning should be restored. Now, if 5P.M. their stand is consistent, I should have expected that they would have the same THE DEPUTY CHAIRMAN : It is standard in Orissa also. But what is five O'clock. their demand about Orissa? My friend from the PSP said this. Now, if nothing SHRI M. P. BHARGAVA : In one can be done, at least the Ministry should minute I am finishing. If they have go. President's Rule should conic and certain arguments for a particular case then the elections can be held whenever and certain other standards for other it k convenient. Now, how is it consistent ? On the one side, you are pleading for the removal of President's Rule. On the other side, where there is a demo- 1799 Orissa Legislative [ RAJYA SABHA ] of Duration) 1800 Assembly (Extension Bill, 1966 [Shri M. P. Bhargava.] things, then I The House stands adjourned till am afraid they cannot be met. The 11 a.m. tomorrow. present is such a case. I therefore, wholeheartedly support the Bill moved The House then, adjourned at by Mr. Pathak. one minute past five of the clock till eleven of the clock on THE DEPUTY CHAIRMAN : The Wednesday, the 18th May, Law Minister will reply tomorrow. 1966.