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CM 09 05 16-11-1990.Pdf 17 Motion of confidence KARTIKA 25, 1912 (SAKA) In council of Ministers 18 Hen Prime Minister may now move the been used in plural number. motion. Then, the question of division of portfo- lios oomes into the picture. Not only that; the division of portfolios should be endorsed by SHAI K. P. UNNIKRISHNAN the President, according to the advice of the (8adagara): Sir, I am on a point of order. Council of Ministers. There is a procedure in (Interruptions) Sir, according to the Rules of the Constitution particularly under Article the House. the motion which is to be put 71(2) of the Constitution. But that has not before the House has to be precise. The been done. Portfolios have not been divided. motion, as moved by the hon. Prime Minister just says and uses the generic term as' The intention of the Constitution, the Council of Ministers'. Council of Ministers, intention of the Rules of Procedure and the headed by whom? (Interruptions) Is he Conduct of Business in the Lok Sabha is that afraid of naming himself or is he afraid of there should not be too much connotation of somebody else? (Interruptions) The House power in one or two hands; and that the spirit is entitled to know that. (Interruptions) Sir, of division of functions and collective re- there is no Council of Min isters. (Interruptions) sponsibility is maintained. Notonlythe letters, The motion should be precise. (/nte"uptions) but the intention of the provisions of the Secondly, where is the Council of Ministers? Constitution should also be given due con .. (Interruptions) More importantly, how has sideration. The import of the motion as pro- the Government of India carried on since 7th posed by the Prime Minister-as you have of November? Was it constitutionally per- asked the Prime Minister to move, Sir-is missible? Has any work been done, under against all democratic principles. It has been Article 77 of the Constitution which is con- intended by such motion to obtain a seal of stitutionally mandatory? (Interruptions) Who sanction behind the autocratic design. By is in charge of them? (Interruptions) Is Tau in such motion, a dangerous procedure is charge of Commerce? Is Tau in charge of sought to be created. So, I oppose this. I will Information and Broadcasting? (Interrup- say again that if he propos~s to move the tions) How has the Government carried on motion, then, it will be wrong and unconsti- for the last few days? (Interruptions) tutional. (Interruptions) SHRI NANI BHATTACHARYA SHRI SAIFUDDIN CHOUDHURY (Berhampore): Sir, I am on a point of order. (Katwa): This motion is a serious fraud. We do not have any Council of Ministers. We MR. SPEAKER: What is your point of have a small Cabinet. (Interruptions) order? So, I propose an amendment that it (Interruptions) should be: SHRI NANI BHATIACHARYA: Sir, my "confidence ;n the future Council of point of order is clear. Sir, the motion attrads. Ministers. " Articles 74(1), 75(1) and also 352{3) of the Constitution. Then again, it attract Articles ( Interruptions) 77(1) and 77(2) of the Indian Constitution. According to the provisions of the Constitu- MR. SPEAKER: Shrf Indraj~ Gupta. tion and also according to the Hulas of this House, the Council of Ministers is not exis- (Interruptions) tent at present. This is number one. Then, to constitute a Council of Ministers, more than one Minister, besides the Prime Minister is MR. SPEAKER: Let us hear Shri Indrajit required because the term 'Ministers' has Gupta. 19 Motion of confidence NOVEMBER 16, 1990 In councIl of Ministers 20 SHRIINDRAJITGUPTA (Midnapore): I It specifically says: had given an amendment, Sir. You perhaps • have rejected because it is time-barred. This crrhere shall be a Council of Ministers difficulty can be overcome Hthe Prime Min- with the Prime Minister attha head to aid ister agrees. and advise the President. ................ " My amendment was that simply one There is no Council of Ministers at the word should be inserted before the word present moment. And there is no Council of 'Council' and that is 'proposed' - confidence Ministers headed by anyone. (/nt8rruptions) in the proposed Council of Ministers-if he is Therefore, the motion is nol valid. willing 10 say that (Interruptions) Secondly, there are many implications MR. SPEAKER: Mr. Chitta Basu, be regarding the Council of Ministers. brief. SHRI MURLI DEORA (Bombay South): (Interruptions) Not implication, but complication for you. ( Interruptions) SHRI CHITTA BASU (Barasat): Mr. Speaker, Sir, no motion is valid in the House SHRI CHITTA BASU: The implication unless the motion is in conformity with the would lead to complications for them also. letter and spirit of the Constitution of the country. MR. SPEAKER: Mr. Chitta Basu, please conclude. SHRI DINESH SINGH (Pratapgarh): The Supreme Court has to interpret that, not SHRI CHITTA BASU: According to our Mr. Chitta Basu. (Interruptions) Constitution, the Government and the Prime Minister can recommend for the imposition MR. SPEAKER: Yes, Mr. Chitta Basu. of emergency under Article 352. Suppose, for the time being. Mr. Chandra Shekhar ( Interruptions) wants to impose emergency in the country. (interruptions) Then, the President cannot, SHRI SOMNATH CHATTERJEE unless there is a concrete resolution by the (Bolpur): The supreme defector wants to go entire Cabinet. (/nt9"uptions) Therefore, this to the Supreme Court. (Interruptions) is a very important point with regard to the Council of Ministers. (Interruptions) MR. SPEAKER: Mr. Chitta Basu, will you please address the Speaker? There is no provision for the Deputy Prime Minister in the Council of Ministers. SHRI CHITTA BASU: The motion before There is only one Minister, the Prime the House is: Minister......... (Interruptions) "That this House expresses its confi- MR. SPEAKER: Mr. Chitta Sasu, you dence in the Council of Ministers." have made your point. Will you please sit down? Nobody knows. Of course, I have known it through the Press and the TV that one Mr. SHRt CHinA BASU: I have not yet Chandra Shekhar heads this Govemment. made my point. (/nt9"uptions) (Interruptions) This motion does not include the name of the proposed Prime Minister. MR. SPEAKER: Please do not repeat ( Interruptions) your argument. Sir, look at Article 14 of the Constitution. (lnteffuptlons) 21 Motion of confldencs KARTIKA 25, 19~ 2 (SAKA) in council of Ministers 22 SHRI CHIITA BASU: Probably there is [English] one person, Mr. Chandra Shekhar and there .. is another person, Mr. Devi lal who happen THE PRIME MINISTER' (SHRI to be the Ministers. Now, how is the business CHANDRA SHEKHAR): I beg to move: of the Government to be conducted? ....... ( Interruptions) ........ What about other -That this House expresses its confi- Ministers? ..... (/ntsrruptions) ...... Then, I dence in the Council of Ministers. II come to Rules. Rule 2 (1) defines as to who are the Ministers, the Members of the Cabinet. [T rans/ation] Now. where is the Cabinet? Therefore Sir, the business of the House cannot be con- Mr. Speaker, Sir, I regret that the non- ducted. The Motion under consideration of formation of the council of Ministers has the House is not in conformity with the Jetter shocked many of my friends and they are and spirit of the Constitution. It violates the very keen to see as early as possible the new Rules of Procedure and Conduct of the faces of the members of the Council of Business of the House under Rule 2 (1). Ministers. They have become so habitual of Therefore. I appeal to you that the Motion seeing'thefaces of Ministers that Parliament should be rejected. (Interruptions) is meaningless to them without Ministers. They want to know the reasons. There are SHRI SAMARENDRA KUNDU many reasons for not forming the Council of (Balasore): Sir. we are here to protect the Ministers. honour and dignity of this House. We are here to see that no illegality is committed as Sir, very humbly we have undertaken long as you adorn that this responsibility and many of our friends Chair ........... (/nterruptions) ..... Therefore. 1 ' have raised their voioe that we do not enjoy think that Mr. Chandra Shekhar would also majority support in the House. I never wanted agree and it is absolutely correctthat nowhere to give them an opportunity to say that I in the Constitution there is a provision for the expanded my Council of Ministers in a big Deputy Prime Minister. No Council of Min- way without obtaining their consent or the isters can be constituted with one consent of this august House. The only Minister ............. (/nterruptions) .......... It ;s reason was that the Cabinet was to be ex- highly illegal. I would represent to you that, panded after obstaining vote confidence. 1 Sir, no illegality be committed as long as you feel that they should have visualised it much are in the chair I request you to kindly rec- earlier but it they failed, it was their fau~ like ommend to the President to let him swear in a particular bird who cannot see anything in at least one more Minister at least by 4 PM the sun-light. The fault lies with the eyes and today and then come back here. If he does not with the sun. Therefore, Mr. Speaker, Sir, that. then it would be proper and in order. through you, I would like to submit that today Please do it Sir. we are passing through a crucial phase and the condition of the country in every resped ( Interruptions) is bad. I do not want to level allegation against anybody here .......... (/nte"uptions) MR. SPEAKER: I am giving my ruling. The Motion is in order. It is not necessary to Neither I intend to level charges against name the Prime Minister in the Motion.
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