VOL. LV NO.1 MARCH 2009 The Journal of Parliamentary Information ", LOK SABHA SECRETARIAT, NEW DELHI THE JOURNAL OF PARLIAMENTARY INFORMATION EDITOR: P.D.T. Achary The Journal of Parliamentary Information, a quarterly publication brought out by the Lok Sabha Secretariat, aims at the dissemination of authoritative information about the practices and procedures in Indian and foreign Legislatures. The Journal serves as an authentic recorder of important parliamentary events and activities. It provides a useful forum to members of Parliament and State Legislatures and other experts for the expression of their views and opinions, thereby contributing to the development and strengthening of parliamentary democracy in the country. The Editor would welcome articles on constitutional, parliamentary and legal subjects for publication in the Journal. A token honorarium is payable for articles, etc. accepted for publication. The articles should be type- written on only one side of the paper. The latest books on parliamentary and constitutional subjects are reviewed in the Journal by members of Parliament and scholars. Books intended for review should be sent to the Editor. The views expressed in the signed artides, etc. published in the Journal are those of the authors and the Lok Sabha Secretariat does not accept any responsibility for them. Copyright for the articles, notes and reviews published in the Journal vests with the Lok Sabha Secretariat. Prior written permission from the Editor should be obtained for the reproduction of any material from the Journal. Two copies of the publication in which an article is so reproduced should be sent to the Editor and the Journal of Parliamentary Information should be acknowledged as source. Correspondence concerning the subscription and sales should be addressed to the Publishers or the Sales Branch, Lok Sabha Secretariat, Sansadiya Soudh, New Delhi-110 001. Price per copy: Rs.120.00 Annual Subscription: Rs.350.00 The Journal of Parliamentary Information VOLUME LV NO.1 MARCH 2009 LOK SABHA SECRETARIAT NEW DELHI CBS Publishers & Distributors 11, Darya Ganj, New Delhi-2 EDITORIAL BOARD Editor P.D. T. Achary Secre~~eneral Lok Sabha Associate Editors NK. Sapra Additional Secretary Lok Sabha Secretariat Dr. Ravinder Kumar Chadha Joint Secretary Lok Sabha Secretariat Assistant FAlitors Dr. v.K. Bhatnagar Director Lok Sabha Secretariat Smt. Kanta Pandit Joint Director Lok Sabha Secretariat Smt. Neelam Sethi Joint Director II Lok Sabha Secretariat © Lok Sabha Secretariat, New Delhi OUR CONTRIBUTOR Justice Dr. M. Rama Jois, is Member of Rajya Sabha THE JOURNAL OF PARLIAMENTARY INFORMATION VOLUME LV NO.1 MARCH 2009 CONTENTS PAGE EDITORIAL NOTE 1 ARTICLE Harmonious Working of the Legislature, the Executive and the Judiciary -Justice Dr. M. Rama Jois, M.P. 3 ADDRESSES Address by the Speaker, Lok Sabha, Shri Somnath Chatterjee at the Valedictory Session of the 3111 Annual Convention of the Central Information Commission on 'RTI and Its Ramifications for Good Governance', New Delhi, 4 November 2008 26 Keynote Address by the Speaker, Lok Sabha, Shri Somnath Chatterjee at the Function to mark the 60th Anniversary of the Universal Declaration of Human Rights organised by the National Human Rights Commission, New Delhi, 10 December 2008 33 SHORT NOTES Second Round Table Discussion on "Strengthening Parliamentary Democracy", New Delhi, 1 November 2008 40 Unveiling of Portraits in Parliament House 44 PARLIAMENTARY EVENTS AND ACTIVITIES Conferences and Symposia 47 Binh Anniversaries of National Leaders 49 Bureau of Parliamentary Studies and Training 51 vi The Journal of Parliamentary Information PRIVILEGE ISSUES 53 PROCEDURAL MATTERS 58 PARLIAMENTARY AND CONSTITUTIONAL DEVELOPMENTS 62 DocUMENTS OF CONSTITUTIONAL AND PARLIAMENTARY INTEREST n SESSIONAL REVIEW Lok Sabha 82 Rajya Sabha 104 State Legislatures 111 RECENT LITERATURE OF PARLIAMENTARY INTEREST 113 ApPENDICES I. Statement showing the work transacted during the First and Second Parts of, the Fourteenth Session of the Fourteenth Lok Sabha 118 II. Statement showing the work transacted during the Two Hundred and Fourteenth Session of the Rajya Sabha 123 III. Statement showing the activities of the Legislatures of the States and Union territories during the period 1 October to 31 December 2008 128 IV. List of Bills passed by the Houses of Parliament and assented to by the President during the period 1 October to 31 December 2008 134 V. List of Bills passed by the Legislatures of the States and the Union territories during the period 1 October to 31 December 2008 135 VI. Ordinances promulgated by the Union and State Governments during the period 1 October to 31 December 2008 139 VII. Party Position in the Lok Sabha, the Rajya Sabha and the Legislatures of the States and the Union territories 142 EDITORIAL NOTE The functions of the three organs of the State, viz. the Legislature, the Judiciary and the Executive have been well demarcated, even though the Constitution of India has not recognized the doctrine of separation of powers in its absolute rigidity. Each organ of the State functions independently within its permissible limits in conformity with the provisions of the Constitution. Dr. M. Rama Jois, member, Rajya Sabha in his article on Harmonious Working of the Legislature, the Executive and the Judiciary describes with the help of case law as to how the principle of checks and balances which constitutes the very basis of distribution of sovereign power of the State, has worked well and thereby a smooth working of the Constitution has been ensured. We include the article by Dr. Jois in this issue of the Journal. The success of a democratic polity depends on an informed citizenry and transparency in the functioning of its administration. With the enactment of a landmark legislation i.e. The Right to Information Act, (RTI) 2005, a more purposeful and effective information sharing system has been brought about. In his Address on 4 November 2008 at the Valedictory Session of the Third Annual Convention of the Central Information Commission on 'RTI and its Ramifications for Good Governance', the Speaker, Lok Sabha, Shri Somnath Chatterjee pointed out that the implementation of efficacious right to information regime for bona fide purposes will promote a culture of public accountability, transparency and probity in the functioning of all governmental organs. We include in this issue of the Journal, the text of the Address delivered by the Speaker, Lok Sabha, Shri Somnath Chatterjee at the Annual Convention. It is universally recognized that democracy cannot survive and sustain itself without respect for human rights which every one is entitled to enjoy without distinction of any kind. In his Keynote Address on 10 December 2008 at the function to mark the 60th Anniversary of the Universal Declaration of Human Rights, the Speaker, Lok Sabha, Shri Somnath Chatterjee stressed that unless respect for fundamental human rights remains a bed-rock on which governance is based, no progress is possible in the real sense of the term, as development can be sustained only through due respect for human rights. We include in this issue of the Journal the text of the Keynote Address delivered by the Speaker, Lok Sabha, Shri Somnath Chatterjee at the function. 2 The Journal of Parliamentary Information One of the inherent strengths of the country lies in its deep and firm commitment to parliamentary democracy. The First Round Table Discussion held on 4 September 2008 on 'Strengthening Parliamentary Democracy' well reflected that the enlightened countrymen share the concern for strengthening the roots of parliamentary democracy and its values and traditions. Therefore, another Round Table Discussion was organized on the matter on 1 November 2008, in which a panel of 10 distinguished people from various streams participated. We include in this issue of the Journal a Short Note on the Second Round Table Discussion. In continuing our endeavour to honour the selfless sacrifices of the stalwarts who contributed immensely to the national cause, the statues and portraits of the illustrious sons of the soil are installed from time to time in the Parliament House Complex. On 22 December 2008, the portraits of Sri Satguru Ram Singhji, Biplabi Leela Roy, Giani Gurumukh Singh Musafir, Babu Veer Kunwar Singh, Prof. Ramdhari Singh Dinkar, Sardar Swaran Singh and Shaheed Jayee Rajguru were unveiled by the Prime Minister of India, Dr. Manmohan Singh in the Central Hall of the Parliament House. Profiles of these illustrious personalities were brought out by the Research and Information Division of the Lok Sabha Secretariat on this occasion. We include in this issue of the Journal, a Short Note on Unveiling of Portraits in Parliament House. We also carry in this issue the other regular features, viz. Parliamentary Events and Activities, Privilege Issues, Procedural Matters, Parliamentary and Constitutional Developments, Documents of Constitutional and Parliamentary interest, Sessional Review, Recent Literature of Parliamentary Interest and Appendices. lil our constant pursuit of making the Journal more enriching and useful, we always look forward to suggestions for its further improvement. We also welcome practice and problem oriented, non-partisan articles in the field of parliamentary procedures and institutions from members of Parliament and State Legislatures, scholars and all others interested in the field of parliamentary" democratic system. -P.D.T. Achary Editor 1 HARMONIOUS WORKING OF