Third Series1R.14 Monday, November 26, 1962 Agrahayana 5, 1884 (Saka)

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/2.6$%+$6(&5(7$5,$7 New Delhi CONTENTS [TJArd Serus, Volume X -Nov.mber 2.1 to D.cember 4. 1962./

No. II.-Wedn.sday. Nov.",ber :21. 1962./Kartika 30. 1884 (SaAa)- Oral Amwers to Questions- Starrd Questions Nos. 2.90 to 300. 302. to 306 and 308 2609-50 Wr'tten Answers to Questions- Sture:! Q'l!;tion~ N". 3~1. 307 lnd 309 to 318 2650-17 Unstarred Question. Nos. 642. to 697 a651-89 St.tement re: rep~rted Chinese offer of Ce88e~fire 268~2702 Papers hid on the Table 270 3-05 Messages from Rajya Sabha a1U5.oae Public Aocounts Committee- Second Report 2,o6-

No. n.-Th·md2Y, Nov.mber 2.2., 1962./AgrahayatUJ I. 1884 (S.)- Oral Answers to Quest'on_ Starred Questions Nos. 321-32.3. 325. 327-336. 338 Written Answers to Questions- Starrd Q'le'tions Nos. 320. 32.4. 326. 337. 339 2B71-74 Unstarred Questions Nos. 698-700. 702.-771 2874-.2921 R •. Cease-fire on India-China border '9112-26 Papers laid on the Table 2926-30 Public Accounts Committee- Thirl-report . 29,0 Arrest of Member 2930 u,ave of Absence from sittings of the House 2931 PQnJlcnerry (Ajministration) Bill 2932-44 Motion to consider 293z..-..f3 Clauses 2. to 20 and I 2943~ Motion to pass 2944 .Business of the House . 2944, 2969-75, 3068-70 Indian Tariff (Amendment) Bill 2945-56. 29S8--61 Motion to consider ~5-'S6- Z9S8-67 C1ausel I and 2 2967 (it)

CoLUMNS Mo!ion to pass Re. Extension of Session Defence of India Bill- • Motion consider 2968-69, 2976--30 68 Daily Digest 30 71-"78 No. 13.-Priday, November 23, 1962/Agrahayana 2, 1884 (Saka)- Oral Answers to Questions- Starred Questions Nos. 341 to 361, and 363 Short Notice Question No. I Written Answers to Questions- Starred Questions Nos. 340, 362 and 364 to 369 3122-26 Unstarred Questions Nos. 77~ to 857 3126--76 Papers laid on the Table 3177-79 Message from Rajya Sabha 3180 Estimates Committee Report- Eleventh Report 3180 Business of the House 3180-86, 3240 Bills intrOduced- I. Taxation Laws (Amendment) Bill 3 187 2. Constitution (Fifteenth Amendment) Bill 3188 3. Major Port Trusts Bill 3187 4. Textiles Committee Bill 3188 Re. Note on publicity in connection with Chinese aggression. 3188 Defence of India Bill- Motion to consider 3189-3239 Resolution reo Economy during emergency 3240-3310 Resolution reo Ayurvedic system 3310-14 Daily Digest 33I5-:U No. I4.-Monday,November 26, I962/Agrahayana 5, 1884 (Saka)- Calling Attention to Matter of Urgent Public Importance- Cracker explosion in Delhi 3323-25 Papers laid on the Table 3325-26 Message from Rajya Sabha 332 7 Mlnipur (Sales of ~tor Spirit and LUbricants) Taxation Bill-Introduced 3327 Re: Cease-fire 3328-36 Defence of India Bill 3337-3512 Motion to consider 3337-3421 Clauses 2 and 3 3421-3512 Daily Digest 3513-14 No. IS.-Tut1day,November 27, I962/Agrahayana, 6, 1884 (Sgka)- Oral Answers to Questions- Short Notice Question No.2 3515-17 Papers laid on the Table 35 17-/8 Defence of India Bill- Clauses 3, 4, 7 to 12, 16, 17, S, 6, 13, 14, IS and 18 3S18-89 Motion reo Price of Sugarcane 3589-3662 Daily Digest 3S63-64 • (iii)

CoLUMNS

No. I (,.-W,dn,sday, NC1f/,,,.ber z8, 196:11A1ralulyana 7, 1884 (SGAa)- Orai Answer to Question- Shon Notice Question NO.3 3665-'70 Rt: Cease-fire 367 1 Papers laid on the Table 3671-72 Message from Rajya Sabha 367Z Committee on Private Members' Bill. and Resolutlons- Eleventh Report ,. 367:1 Defence of India Bill 3673-3753. 3754-66 Clauses 18 to New clauses 49 and I . 3673-3728 Motion to pus, as amended 5728-Sl, 3754-66 Arrest of Member 3753-54 ,• State-Associated Banks (Miscellaneous Provisions) Bill 3767-81 Motion to consider 3767-81 Clauses z to 6 and 1 3781 Motion to pass 3781 Employees' Provident Funds (Amendment) Bill 3781-3808 Motion to consider, as passed by Rajya Sabha 3781-3808 Clauses I and z 3808 Motion to pass 3808 Warehousing Corporations BiII- Motion to consider Daily Digest

r"'No. 17.-Thursday, Nov.",ber Z9, 1962/AgraJrayan4 8,1884 (S41t4)- Papers laid on the Table Message from Rajya Sabha Hindi Sahitya Sammelan (Amendment) BIII- Llld on the Table as passed by Rajya Sabha 3816 Warehousing Corporations Bill '" . -3817-3918 Motion to consider 38 17-3914 Clauses z to 43, and 1 39 14-18 Motion to pass 3918 Workmens' Compensation (Amendment) BiIl- Motion to consider Daily Digest

No. 18.-Priday NC1f/.mber 30, 1962/A6ralulyana, 9, 1884 (S" .... )- Paper laid on the Table 3945 BUSiness of the House 3945-50 R.: Calling Attention Notice 3950 Workmen's Compensation (Amendment) Bill 3950-59, 3959-73, 3978-91 Motion to consider 39'0-'9, 3959-73, 3978-19 Clauses z to u and I 3989-91 Motion to pass, as amended 3991 Calling Attention to Matter of Urgent Public Importnce ProPOSed tallt between India and Pakistan on Kashmir COLVMNB

M'Jlti-Unit C)-operative Sact.!tIes '(Amendment) 'BiIl 3991-4c1OO Motion to consider 3991-99 Clauses 2. 3 and I • 3999-4000 Motion to pass 4000 Ddimltation Commission BilI- M )cion to consider 4000-14 Committee on Private M,mbers' Bills and Resolutions- Eleventh Report Bille .wroduced- 1. C>m"enS1tion (Amendment) BlII (Ammdmmt of sections IS. 30 ~t. by Shri P. L. Barupal. . . • . 40lS 2. Income-tax ,(Amendment) Bill (Ammdment of S1ction 2) by Shri C. K. Bhat- tachuyya Constitution (Amendment) BiII-NetaPo.d (Amendment of Article 226) /Iy Shri D C Sharrna- Motion to consider, D:l1hi Rent Ce>ntrol (Amendment) Bill-Withdraron (Ammdmmt of sections 14.Nd 20 Q..d iouertion of nerD ••ction 48A) by Shri Naval Prabhaltar- M.otion to consider n.ny Digest Nfl 19·-\l,."hy, D,c'7flber 3, Ip62/AgrWytJlla, 12, 1884 (SaIJ,,)- Calling Attention to Mltters of Urgent Public Importance- (i) "R "»rCd exi,tence of Chinese EiPionage ring in Assam and NEPA and 4061~ '(Ii) Reported attack on Dr. Gopal . 4066-70 President's assent to Bills 4070 Statement reo location of Tltir.d Nuclear Power Station 4071-73 R.: Cease tire 4073-79 Bills Introduced- (I) Delhi Motor Vehicles Taxation Bill 4079 (2) P !nonneI l'ljuries (Emergency Provisions) Bill; end 4080 (3) Indian Tariff (Second Amendment) Bill I>e1lmltation Commission Bill Morion to consider Clauses 2 to II. and 1 M )tion to "ass, as amended 4 209-10 Detention of a Member 4ftIO

Daily Digest 4211-12 No. 2o-Trusday. Dcu7flber 4, I962/AgrahaytItID 13, 1884 (Saka)- Oral Answers to Questlons- Short N~tie Questions Nos. 4 and S 4213-20 C111ing Attention to Matters of U l'1!ent Public Importance- tr., SuPply of MIGs 4220-27 (2) Firing by Chinese on Indian soldiers 4221-31 Re: Repmed'lhilwoy acciileRt 4::31 1>aperslaid on t'heTable 4231 Message from Rajya SlIbha 4332 Gift Tax (Amendment) Bill 4332-89 Motion to consider 4232-119 Clauses 2 to 36 and I 42 89 (V)

:.,' Motion to pass Tu:ation Laws (Amendment) BiII- Motion to consider Motion re: Report on Indian and State Administrative Services Business Advisory Committee- Tenth Report 4384 Daily Digest 4385-86

N.B.-The sign + marked above the name of a member on questions which were orally answered indicate. that the question waa actUally asked on the floor of the House by that Member.

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GMGIPND-LS I1-2~ (AI) LS-18-12-62-\IOO LOK SABHA DEBATES

~.--- 3324 LOK SABHA ~ ~ ~or '1ft ~ ~~ .Monday, November 26. 1962/Agraha- it ~ Iff, <:NT ~ ltiT f~ ~ yana 5, 1884 (Saka) ~ ~ I ;nr ~ Sf1Im: <: f<'f!fT 'PIT ~ [MR. S~;n in the C11airj qT( ~ '1ft ;;rT ~ ~ I

,CALLING ATTENTION TO MAT- On the 22nd November, 1962, at TER OF URGENT PUBLIC IM- about 7.28 P.M. there was a cracker PORTANCE explosion on Bahadurgarh Road near the gate of the Delhi Cloth Mills. At CnACKER EXPLOSION IN ~lII that time the mill workers on the afternoon shift were returning to the ~1 3ierl:fT ~ffi ;!~~ mill aftcr half-an-hour recess and consequently there was a thiok crowd 4' fiflfll ~ t. \3 if; i'~ lJfi-m- ~ at the seene of explosion. 18 persons T v:rrrr f¥-i ;f~1r ",:r.. ~ received minor injuries. They were tab'n to hospital and given first aid. it f~ Of>T >in: ~ if><:aT ~ ~ While 16 of them were discharged, 2 ~ ~ f'" ~ ~~ w.r;:!f it ~ have been kept under observation. ~il-- Thc' cracker was of an ordinary type and its remnants have been sent to ';~ it ;~ ~ or~ the Inspector of Explosives for exami- nation. A case under section 6 of the '1ft fu:m 'R"N fllR'f if; f'f'li'C Explosives Act has been registered ~

(ij) The Minimum Wages (Cen- 12.01 r~. tral) Second Amendment Rules, 1962, published in PAPERS LAID ON THE TABLE Notification No. GSR 1542, dated the 17th November, NOTIFICATIONS UNDER THE ALL INDIA 1962, under section 30A of the SERVICES ACT Minimum Wages Act, 1948. [Placed in Library, see The MiniSter of state in the Minis- No. LT-612/62]. try of Home Affairs (Shri Datar): I ISeg to lay on the Table a copy each ()f the following Notifications under AGRAHAYANA 5,1884 (SAKA) 3328

12.08 hrs. 12.09 hrs.

MESSAGE FROM RAJYA SABHA RE: CEASE-FIRE

Secretary: Sir, I have to report the Shri Kanp (Chittoor): Are you following message I'eceiced from the proceeding to the normal business of Secretary of Rajya Sabha:- the House? "In accordance with the provi- Mr. Speaker: Yes. sions of rule 125 of the Rules of Procedure and Conduct of Busi- Shri Ranga: What about the state- ness in the Rajya Sabha, I am ment by the Prime Minister? directed to inform the Lok Sabha that the Rajya Sabha, at its sit- Mr. Speaker: I have received many ting held on the 23rd November, notices about the cease-fire at Tezpur. 1962, agreed without any amend- Is the hon. Prime Minister making ment to the Customs Bill, 1962, any statement on that? which was passed by the LQk SabRa at its sitting held on the The Prime Minister and Minister of 21st November, 1962." External Aftairs and Minister of Atomic Energy (Shri lawaharlal Nehru): No, Sir. There is no further news to give. 12.08~ hrs. Shri P. K. Deo (Kalahandi): I beg MANIPUR (SALES OF MOTOR to suhmit that to fully understand the SPIRIT AND LUBRICANTS) TAXA- implications of this cease-fire propo"tl TION BILL· we must have a big map in the library, because we are not able to follow the The Minister of Transport and November 1959 line and the real Communications (Shri Jagjivan Ram): intention of the Chinese. So, we must Sir, I beg to move for leave to intro- have a map before us. duce a Bill to consolidate and amend the law relating to the levy of a tax Shri Tridib Kumar Chaudhurl on sales of motor spirit and lubri- (Berhampur): Today's papers have cants in the Union territory of reported that the Law Minister, Manipur. accompanied by the Secretary-General of the External Alfairs Ministry, is Mr. Speaker: The question is: going to Cairo and to Ghana to explain our point of view with regard to the "That leave bc granted to intro- cease-fire to the Governments of duce a Bill to consolidate and UAR and Ghana. May I know whe- amend the law relating to the levy ther there is any attempted media- of a tax on sales of motor spirit tion by these two Governments with and lubricants in the Union terri- regard to cease-fire? tory of Manipur." "" ~ ~ (fonAh:): The motion was adopted. ~~~ ;ft;r *t ~ ~ ~-~ ~ ;;it ~ T'PfT tT'IfT ~ t/rT ~ Shri JacJlvan Ram: I introducet the Bill. ~ if ~ "1 HY.t *t m ~ . qm ~~ ~~ qq';fl' ~~ '!~ ~~ ~~ ;Jfl' ~~ ·Published in the Gazette of India Extraordinary Part II-Section 2, dated 26th November, 1962. tlntroduced with the recommenda tion of the President. 3329 Re: Cease-Fire NOVEMBER 26, 1962 Re: Cease-Fire 3330

[>.oTT 'SI'fiWf1<:: mffi] like to know whether an effort has ~f' t:; fll~ nq if;'l0 "') been ad~ to put wise all these 'ffl:if (1'" '3'if'fil r~ ~ 'ff~ various governments and peoples and also the press of all the countries in ~ ~it ~ ~ri'f ~ 3.'n: it snfri'f the world a,> to India's attitude in f'" ~if 'for :ir 'SI'~iffi ~ ~ ~ regard to this Chinese proposal which r~ ~ ~ >;If"", ~ ~ T1'iTi'f ~ em ~n ftr'if how soon would it be possible for the Government to let the country ~ a'TiflIT I{ ~ ~~ ll~ ~ '3'll" f'" know what attitude they have take."l WI" 111" again to go into negotiations as the 'f.T ';IT fif~ T'i' r", f,!1R) 'P-'f,T<: Chine,e Govcrnment has suggested, or i, it for ~n other purpose?

Mr, Speaker: What is the use of Shri Hem Barua (Gauhati): My carrying on all this correspondence calling. attention notice is about the if the whole thing has to be stated as actual position in Tezpur so far as to \', h.lt their intcnt'on is? Shri Daii. the civil adminislration is concerned. I h:.\'c jiL-;L DOW go! 11 copy of an Shri S. M. Banerjee: Clarification, order issued on the 22nd November by the Commission"r of Civil Supplies Shri Daji (Indore): There are con- to the Government of India stationed fusing reports Clbout our Army per- at Shillong asking the Central Gov- sonm'l who were supposed to have ernlnent servant;;; in Assatn to evacuate been trapped or surrounded. Can the their families from Assam. If that is Government clarify as (0 what has so. is it not suffiet'nl lo create panic become to our Army between Se La among the rest of the pop"lalion? and Bomdi La? Mr. Spraker: There are so many Shri S. M. Banerjee (Kanpur): different a,p<'cts to the various ques- Vest0rday it came out in the news- tions th:tt have been asked here. I ) "pel'S that the Government of India have also received severnl notices and I han' s"nt those notices on to the "a\'e ~ed for certain clarifications Government. But so far as these un the cease-fire move of the Chinese questions are concerned, I would leave Government. r would like to know as to what points are being asked to it to the hon. Prime Minister whether " he is prepared to make any statement be clarified. Could the hon. Prime and what information he can give ia Minister throw some light on that? respect of them.

Shrl Ranga: I am glad that at long Shrl Surendranath Dwivedy (Ken- last they have done the right thing drapara): would also like to in deputing' the hon. Law Mini.ter know. to go to some of these countries and explain India's position. We would Mr. Speaker: After I have finished? 3331 Re: Cease-Fire AGRAHAYANA 5, 1884 (SAKA) Re: Cease-Fir. 33~2

Shri Surendnmath Dwivedy: Colombo to discuss these mattei'll could not catch your eye because you connected with our conflict with were looking to the other side. China. We were not, naturally invited and we were not even inform- Mr. Speaker: I thought one hon. ed of it. Afterwards we heard about Member from his group had spoken. it. The countries invited are the UAR, Ghana, Indonesia, Burma and Cam- Shri Surendranath Dwivedy: What bodia. I think, that is the whole I want to say is a .different thing. He number; I cannot think of any others. spuke "hout his 'Calling-attention So, we decided to send my colleague notice'. What I want to know is this. the Law Minister lmd the Secretary- Is the Government of India consider- General to Africa, to these two coun- ing taking up or raising this question tries invited from Africa and the in the UN? We find from todays' Deputy Foreign Minister and probably newspapers that Shri Chakravarti has some senior official of the External said that we will raise this qOestion Affairs Ministry to the countries in if it will be advantageous to us. Asia. That is apart from any others whom we may send to other places. Mr. Spea~r It is not that we wiJI Their object is to explain our position take it up. He has not committed more thoroughly in regard to these hims"lf. He has said that the possi- so-called proposals of the Chinese bility cnnnot be ruled out. Government so that there may be no confusion in their mind as to what Shri Surendranath Dwivedy: Has we think about them. this also been considered by the Gov- ernment of India? About the other questions, I really forget, .... Shri Ranga: He was awaiting instructions from Delhi. Shrl S. M. Banerjee: About clari- fication. Shri Jawaharlal Nehru: There have been so many questions of different Shri Ranga: What about informing types that I am a bit confused and all other Governments? Press cam- may forget answering some of them. paign?

Mr. Speaker: My intention was only Shri Jawaharlal Nehru: We, of to bring to the notice of the hon. coursc, inform all Governments Prime Minister all these questions. through our Ambassadors and in other The hon. Prime Minister might choose ways. But. these we specially decided which are to be answered at this to approach because they were going moment. to meet in Colombo soon at the invi- tation of the Prime Minister of Shri Jawaharla! Nehru: shall Cpylon. answer as Inany ~ I can relneJnbcr here ancl now. Th,· han. Member asked for clari- fication. It is natural to ask for The first thing is about the hnn. clarifications of various points which Law Minister and the Secretary- are not clear and in so far as they General going to Cairo and Accra. can be cleared it will he desirable SO That is true. Very probably the that our reply should be based not. Deputy Foreign Minister, ~riati merely on any doubt about thes', Lakshmi Menon, will go to some matters. We have not received B full countries, that is, Burma, Indonesia reply yet. Possibly in a day or two and possibly Cambodia. These coun- we will get it. tries are those that have been invited by the Ceylonese Government to go Shri Ranga: Does the Prime Minis- Vlry soon, earit' in December, to ter expect to receive their reply so 3333 Re: Cease-Fire NOVEMBER 26, 1962 Re: Cease-Fire 3334 . [Shri Rangal The Minister of Railways (Sbri soon in the light of the way in which Swaran Singh): That means Assam the Chinese have been taking so long Officer for liaison work with us. a time in all their replies? S&u'i Jawaharlal Nehru: Assam Shri Jawaharlal Nehru: Sometimes Government's officer in liaison with their replies come soon. Sometimes our Government. I cannot say iJi they take a long time. I cannot say what conditions he sent it. But, it precisely. does not represent our view point. I agree with the him. Member that there Shri Hem Barua: Position of civil should be broadly speaking no ques- defence in Tezpur. tion of anybody withdrawing from where he is. This refers, I think, to Sltri Jawaharlal Nehru: I think the women and children chiefly. position in Tezpur is almost normal now. The hon. Member mentioned Mr. Speaker: Women and children. something about evacuation. Shri Hem Barua: Central Govern- Shri lIem Barua: There is an order ment employees .... by the Commissioner of Civil Supplies and Movements and Liaison Officer Shri Hari Vishnu Kamath (Hoshan- with the Government of India. It ga bad): This should be rescinded by says: the Government here.

"Employees whose homes are Shri Hem Barua: Withdrawn. outside A's;am may, however, be anxious to send away their fami- Mr. Speaker: Order, order. Now lies; this the State Government that it has been brought to the notice desires should be done in as of the Government, the Government orderly a manner as possible. has a definite opinion about that and Arrangements are accordingly the Government would act accord- being made to give all facilities ingly. There was one other propoSli1 for such employees to send their whether it would be possible to place families home." a map of those lines in the Central Hall SO that Members may have an I say, any order after the Cease-fire idea and might be able to appreciate was announced, would it not create what the difference is. panic among the rest of the popula- tion in the State? Shri Ranga: How is that such an Shri Jawaharlal Nehru: May important order came to be passed without the knowledge at all of the know the date of that? Government of India? (Interruption). Shri Hem Barua: It was issued on 21st Novem,ber, 1962. It was circu- Mr. Speaker: Order, order. Under lated to the different offices on the the shadow of a previous event, some officer issued it. (Interruption). Order, 22nd November: this month. order. Shri Jawaharlal Nehru: I am afraid this notice was issued by some official Shri Jawaharlal Nehru: Certain In the Assam Government. orders were issued, I believe, some little. time ago that in the event of Shri Hem Barna: No. He is an any contingency arising, what should officer with the Government of India be done so that they may be prepared stationed at Shillong. Here it clearly for it. says: Commissioner of Civil Supplies and Movements and Liaison Officer Shri Hem Barua: It is not like that. with the Government of India, .... The lalLguage is .difterent. 3335 Re: Cease-Fire AGRAHAYANA 5, 1884 (SAKA) Re: Cease-Fire

Shri Jawaharlal Nehru: I quite reported that one Deputy Commis- agree with the han. Member that it sioner who actually fled or disappear- was undesirable to issue this order. ed has been suspended. Of course, And those orders were perhaps mis- he has only been suspended; actually, interpreted or exaggerated by the local he ought to have been dismissed .... pC(Jple. Shri Frank Anthony (Nominated- Mr. Speaker: In regard to the maps, Anglo-Indians): He should have been can anything be said for the present? shot. Shri Jawaharlal Nehru: I shall endeavour to have some kind of map Shri Tridib Kumar Chaudhuri: .. '.' placed in the Central Hall. or court-martialled; but, anyway .... Mr. Speaker: Is there any informa:,' Mr. Speaker: Dismissal would not Hon about those J

12.24 bra. Mr. Speaker: Let me understand' what the hon. Minister wants to say. DEFENCE OF INDIA BIu.-contd. Let han. Members have some patience. Mr. Speaker: We shall now take up further consideration of the following 3 hours and 30 minutes remain. At motion moved by Shri A. K. Sen, on 2.30 P.M. we have to go on to some the 21st November, 1962, namely:- other business. "That the Bill to provide for special measure to ensure the Shri A. K. Sen: I was only sub- public safety and interest, the mitting that perhaps it might be pos- defence of India and civil defence sible to extend the time and take- and for the tria I of certain tho-other item a little later. It is my offences and for matters connected 'personal difllculty, 811 I may have : therewith be taken into considera- go tomorrow. - tion." Shri Ranga: This was the Home Out of 10 hours allotted for this Bill, Ministry's Bill. Surely, there are II hours 30 minutes have already been other Ministers who will be able to taken, and 3 hours 30 minutes remain. look after it. This includes 2 hours for the clause- by-clause consideration, and the third Mr. Speaker: To whom-,oevcr it reading. So. there is a balance of might have belonged, it has been only 1 hour 30 minutes for the general piloted by the hon. Law Minister. discussion now. Shri S. M. Banerjee (Kanpur): Let Shri Ranga (Chittoor): We said the him intervene and let the final reply other day that 2 hours may be allowed be given by the Home Minister. for the clause-by-clause consideration. But we submit to you that you may Mr. Speaker: I do not know whe- please be good enough to extend the ther it is possible for him or for an,' time by at least one hOur more. other Minister to do that. Shrl U. M. Trivedi (Mandsaur): Clause-by-clause consideration will Mr. A. K. Sen: In the alternative, take a l;nger time. I shall reply to the debate On the motion for consideration and then The Minister of Law (Shri A. K. the clause by clause consideration Sen): Normally there would be no may be dealt with by Shri Datar. question of Government not agreeing to this if it was approved of by YOll The Minister of State in the Minis- But ~ is my personal difficulty which try of Home AfralllJ (Shri Data,' I would like to place before you. I Yes, Sir. have to reply to the debate today .... Shri Hari Vishnu Kamath lHosh- Shri Ranga: We can ·tertainly consi- angabad): May I support the demand der sitting for some extra time .... made by my hon. friend, Shri Rang", Mr. Speaker: Let me hear \\rhi11 that the time for the consideration the hon. Minister w, ·.:S to say. of the entire Bill including clausc-by- claus!' consideration be extended by Shri A. K. Sen:; would rather at least two hours, if not more? Two like that the debate should conclude hours for the entire clause-by-clau$c today, including the pa,;,;;::g uI the comideration is much too little. It is whole Bill .... a long Bill and there are a few con- troversial points, and we will need ~ri Ranea: How is that possible? more time. 3339 Defence AGRAHAYANA 5, 1884 (SAK_4., of India Bill 3340-- Mr. Speaker: Order, order. The !!~ Jbvious to every on(! else in. hon. Member will resume his seat. this House, th,.t powers to be dele- Hon. Members also should show some gated by this Bill are absolutely accommodation fOr the hon. Minister.. needed for the civil defence of the- country. Nobody can grudge such Shri Hari Vishnu Kamath: It is rowers Le.ng given to the Govern- mutual. ment. I knew the hon. leader of the Mr. Speaker: If We want to finish Swatantra Group said that he a~ with the Bill, including all the stages, t"s eomen: to this Bill with a 'heavy We will have to push back the other !".,an'. can under3tand it. Mav I business to a lime. later But then ""y that 1 give my slIpport to ·the th,"re ought to be some limit to Bill with a heavier heart still? It is which we can extend time. We had against our fibre and grain to' clothe 7 hours; we extended it to 10. That thE' executive with any extraordi- was the maximum that was asked nary. powers. Therefore, the concern, for by hon. Members. and anxiety of hon. Members is un- dl'rstandable. I said 'heavier heart' Shri Hari Vi.hnu K.nnath: Twelve because I belong to the party in powe: A()Ur:;. and we in pow"r never want to have Mr. Speaker: Even if we extend such powers, extraordinary powers, it by two hours. I cannot (xhaust the in our hands. But we do so under <'xtraordinary circumstances, and we list. It will continue to grow as we ,it longer and longer. There would do so with a full sense of responsibi- lity. be a greater and greater number. 12.29 hrs. Shri Ranga: Natural. [MR. DEPUTY-SPEAKER in the Chair] Mr. Speaker: Natural, but that natural desire has al;;o to come to With the solitary execption of my some end. hon. friend, Shri H. N. Mukerjee, who al.,o was very apologetic and who Shri Harish Chand"" Mathur may advanced certain arguments, every now continue his speed•. one in this House has given his full support and clear backing to the Shri S M. Banerjet;: ',\'hat .s the Government in the matter of the decision? delegation of these powers. But it I Mr. Speaker: I will see hew it pro- is not only enough to delegate these . ceeds The Ministel· v. ill reply. We powers. We will have to be assured will finish th" whole thing today, in this House that the Government even if that means pushmg back the gear up the executive machinery other business. which will be able to make effective use of these powers. This is very im- Shri Harish Chandra Mathur portant because our services and our (Jalore): I rise to give my full, un- adminstration are not used to the ex- qualified and willing supp()rt to the ercise of such powers. Therefol'l', principles dnd provis'ons of this Bill, there lies a great responsibility of course. under the cGmpulsion of on the head of the Minister of 1 very extraordinary til curnstances Home Affairs to take the neces- \ created by the Chinos,' al'r~ion. It sary steps in this matter. There is not the naked and dastardly aggres- can be no justification for any- sion which ."vorries me so much as body to say that there would be the craft "nei cunning of the enemy abuse of power in the States because wh() i.~ subtle, insidious and persist- we want to have the support of ent. That being so, it is quite obvi- everyone in this matter. There is no ous to m'!, as I think it should be reason why those people who are· 3341 Defence NOVEMBER 26. 1962 a/India Bill

lShri Harish Chandra Mathur] giving the fullest support in the de- upsurge everybody is out to help. I fence of the national cause will be must confess that I was a bit 'amazed treated differently. Still. to allay the and a little pained when objections fears and apprehensions the hon. were raised regarding certain arrest3. Prime Minister should address per- We must appreciate that this Gov- sonally a letter to all the Chief Minis- ernment has welcomed a resolution ters of the various States and impress by the Communist Party. Communist UPOn them the great responsibility friends who speak in this House with which they have been charged. should appreciate and understand It should be made clear to them that that there are thousands and thous- while there is effective and full use ands in this country and if the Gov- of the powers delegated under this ernment has got certain information measure, any abuse of power under regarding certam persons, any resent- thi., legislation is as unpatriotic as ment against such arrests is wholly the npcessity to Use it. I also wish unwarranted. ThE' performance of my that the hon. Home Minister takes eredlo~ sister sitting here is most a certain amount of responsibility. We unfortunate. She might feel that a must depute one experienced officer certain person was advancing the fully briefed, so that he may advise cause of national elfort, but it is an the State Governments regarding the easy trick. Sometimes unde"r the eXErcise of the powers given under cover 'If war effort, people do so this Bill. It would also be much bet- many things which are anti-national. ter if the Home Minister has special A cover !3 drawn, so that you may intelligence of his own so that there not be discovered. If anybody has is regular flow of information from got pariicular knowledge about any t.he States to the Centre so that the individual, be should forward it to C:entral Government is in a position the Hom." Minister, who will gIve to advise the State Governments. We full consideration to it. This is not a have the experience of Tezpur. The matter in ,,·hich parties are concern- jpt.ters read by our friends just now ed; we have to rise much above the make it incumbent upon Us to gear parties. It is a question Of the na- 11n the alministrative machinery to tion's i.ntegrity. freedom and civil ~p that there is perfect liaison at the liberties of the people. We all must Rt.Rte level between the different go ahead in that manner and in that officers concerned and so also at the spirit. There is absolutely no justi- di~t.rit level. There should be a cation to h,i\'c any apprehensions in sort of a control room at the State t.his matter, ea.~arter-I do not equate it to the control room of TI'K-where you I wish to stn.5S one morc point. As will fi.nd all the information from said, its not the naked aggression the Central Government and there of China which worries us. As a will be co-ordination between mili- matter of fact, ihat nakrd aggression tary, police and the chief executive hag united th&· entire country. The and there is somebody round the clock entire c01.mtry reacted as one man to to give and receive information from that and was prepared to meet the the district and to give instructions challengl'. Btl·:t is the peace posture to the di.~trit sO that there can be of China, +'he de~tptie strategy which no room for any trouble. We are not they haVe mastered, which is much going to surrender all powers to the more dangerous t.han the naked ag- executive and Parliament sits in full gression. We have to guard against pressure and we have. got all our that. ~e things create suspicIon friends here to exercH;e a healthy in- in the minds of many of us here and fluence and create a sort of a Climate in the minds of the people in the making it impossible for any abuse country alld It has a demoralising 'of power. When there i.s a national etrect. Thia at.o creates a suspicion \ 3343 Defence AGRAHAYANA 5, 1884 (SAKA) of India BiZ! 3344

in the minds of ollr friend6 who are be carried away by it. We must create non-aligned countries. a dcnite impcusmess. I am very happy that the Govern- among our friends, among Ollr foes ment has taken a very right step in and among our countrymen. We must endin~ high-powered teams to the' go ahead wit.h a stcut heart and a various imporhnt countries, who are cleur head, and there is nothing to taking active interest in our country. doubt that viCtJTy is ours. Because of this peaCe posture of Dr. L. M. Sln.;hvi (Jodhpur): Mr. China, which is [a," more dangerous ept-Sp~aer Si,', I rise to sup- than naked; aggression, it is very port the Defence u! India Bill. The necessary that we take all the neces- constitutional proclamation of emer- sary steps. It is vpry necessary that gency was '1 precursor and a proge- our diplomatic front is also streng- nitor of the Defe:lce of. India dis- thened. pensation which was implicit in the Our officers and aan~ in Ladakh state of emergency. We must remem- area have given a really brilliant ac- ber one thing, however, that the cmer- count of themselves. The have re- n and the Defence of India dis- sisted the agg"ression like anything pensation are nlll to abrogate the • and we owe a tribute to our people Comtitution; the., ,lre not to supplant in Ladakh and those infantries who ~the Conslitution, ~e '11'e only to have resi.,ted such a ,trong aggres- function within the framework and sion. Our ppop;c in the NEFA area jurisdiction defined by the Constitu- were equally ~ialro. It was be- tion itself. cause of ce':tain deceptions and strategies that such a debacle hap- I should like, In this' connection, pened. Therefore. iet us not permit because it is particulally interesting this idea to prevail that there is any and instructive, to go back to the invincibility about the Chines.e' ag- seedtime of our Republic, to the pre- gression and that the Chinese can- paratory materials and influences not be beaten back. It is not at all which shaped our Constitution. Un- so. We must understand that the forunately, there is no properly edit- Indian soldier is much more than a ed ani annotat~d work available on match for anybody in thr world, and the travaux preparatoire of our he wiII be able t~ deliver the goods. Constitution. but I think it would be So, let us n ')t tlave any defeatist a faithful portrayal of the influencies mentality whatsoev'i'r. This sort of which were activ\? at the time of attitude in the country must be taken making the Constitution if I cited care of. before this Hous'! three of the sample expressions of opinion which were There is another danger against articulated at th"t time. which I would like to warn the han. Home Mini;ter, particularly. When these blue ants withdraw, thpy will I would, in the farst place, like to leave eggs l}(,l"e, whkh i~ much more refer to what, rr.y hon. friend Shri dangerous. From the entire NEFA H. V. Kamath, had to say at thM area and from the borders, we must time. He moved ~ep.al amend- clear up all the suspects, because ments to the parent article in the even if they withdraw from there. Draft Constitution and in doing so they will leave all sorts of cells and he expressed his apprehension that try to create ali sorts of trouble. If like Article 48 of the Weimar Con- they leave, ~e will be leaving only stitution of the Third Reich it may on tactical reasons, because it suits pave the way tor authoritarianism. \ their strategy, because they cannot This is good counsel to heed and re- I aIYor d to stay there. I cannot Ito member even today. He said: into the entire gamut of it. Simply "Weare all talking of subver- \ because they withdraw, we should not sive elemeuw. IAt 118 remember ~ 3345 Defence NOVEMBER 26, 1962 oj India Bill 3346"

[Dr. L. M. Singhvi] that a ConstitUtiOn ean be sub- sembly debates is only to show that verted not merely by agitators, in a spirit of practical wisdom and rebels and revolutionaries, but statesmanship the founding fathers of also by people in office, by peo- our Contit~io1 enacted a provision ple in power." the utility of w hlch and the de3ira- bility of which is more than convinc- My hon. friend Shri Mahavir Tyagi ing at the present juncture. Condi- made an obsel'vatio!l which, I feel, tioned as they were by a successive is highly pertinc'lt. Shri Tyagi at concatenation of convulsions all that time said: around, it was quite nautral for "Our country. our people, our thcn1( to antkipatc, either internal economics. our military and disturbance or ~ternal aggression, strategic position and other which the nation may be confronted similar considerations are all to be with. Thercf,)re, while providing for taken into account and demo- an mcrgency sltch as this, they have cracy has to adjust itself also provided th4t the ba;ie struc- accordingly. The only card- ture of our Constitution must be inal point ill democracy is that I safeguarded and that the locus of the administration must be carried popular will. the Parliament, should on according to the wishes of the remain watchful and vigilant and people as a whoie. The will of should con tim!" to guid" the exl'CU- the people must prEvail and so tive in its acLi •.>n even in a state of long as that is guaranteed, de- / emergency. I am very glad to .,ay mocracy is not disurbed at all." that, that basic framework of our de- mocratic Constitution a~ been pre- I should like to reIer, in the end, served even in the stresses and to what Shri '1'. T. Krishnamachari strains of the present emergency, and had to say 0.1 I.he ubject, because I fervently express the hope that this it is very germane to the present dis- will continue to be so even though cussion. Speaking' of consequent our country may be embattled, even curtailment of liberties during an though our frontiers may be attacked emergency he said: and even though We may be girding "We tolerate such curtailment up our loins in order to meet thl' and We ,hould probablY have to emergency. do something more that that in order to help the State through My hon. friend, S~i Hire,l an emergeney and to safeguard Mukerjee, to whosE' somewhat con- the Constitution; alld if the civil troversial speech a frequent refer- liberties of the people are un- ence hu.., naturally, been made in duly restricted, I say the res- this House, quoted Lord Atkin to ponsibility ·.'Iill be that of the say that even in war, even in the ultimate rulers, d the people, not clash of arms, laws are Not silent. that of the executi\'e. And if the He quoted Lord Atkin, who had said executive dof's not obey the call III the famous ca"" of Leversidgc of the represen.tatives of the Vs. Anderson that the laws of Eng- people who are watchful, that land speak the same language in executive wil! have to go pro- peace and in war, but Shri Mukel'jec vided the people's representatives ha>l perhaps forgotten the original assert themse1 v(:s." adge of Cicero who had said inter These are words which are full of arma silent leges and that Lord meaning and mes..'age for us even Atkin was writing what was merely today. a dissenting minority opinion in the United Kingdom. What is more, Lord Sir, the burden ot my theme in Atkin was saying this only i~ referring to te~ Constituent As- making an observation on how the 3347 Defence AGRAHAYANA 5, 1884 (SAKA) of India am

statute should be construed and was the impress of hurried draftsmanship, not expressing an OPinIOn on whe- if I may say so, with all respect to ther such regulations are valid or the Mrnister of Law, who is one of :nel!essary for the safety of the State. the most distinguished lawyers and under whose stew'a'rdship this BiIl I would like to mention in this con- hair presumably been recast. I should ·text that if at any time there are any like, in particular, to refer to one or .undue or ex·cessive or unconscionable two provisions which, to me, seem to illTO:,ds into the liberties of the citizens be exceedingly complex and not very of India, the Government would owe clear. In the rule-makrng powers au explanation to the Parliament. I whiCh are provided in clause 3, and hope this Parli':l'ment would be ever] which are extensive, it is -stated that 'watchful, and the responsibility there- rules may be made for fore. rests er~' heavily on us to see .1hat the Defence of India Bill e~ "preventing the sprelding with- .it is enacted, is implemented in the out lawfUl authority Or excuse of spirit in which it is being enacted. I false reports Or the prosecution of might say that it is a Bill of faith, it any purpose likely to caUSe dis- ;s a sacred trust with the Government. affection or alarm, ...... Let this faith not be 'abused; let this .'Sacred trust remain inviolate. do not see the reason of keeping this language "preventing the spread- ing without lawful authority Or ex- I have every hope that this Parlia- CUse of false reports". The implica- nwnt would be an adE'quate watchdog tion is that spreading without lawful for the liberties of the people, even in authority or excUse of fa-Ise reports 'i:ml's of stresses and strains. Ln this i, being legalised under this enact- 'Context, I would like to suggest that ment. In the first place, there is InO ne_ either a committee or some other suit- cessity to make such a provision in able 111l':'hanism should be devised to the statute book. In the second place see that excesses of administration it is rpdundant because even other- may be reported to it and may be re- wise th(' officers are protected if they v;ewpd by it. do something in the bona fide dis- charge of their duties. J would like to mentiOn that the Soviet law, to which a reference There are other provisions to which should ;Jppropriately be made, parti- would have liked to refer but pau- cui.1rly to meet the argument advanc- city of Lme prevents me from doing ed by Professor Hiren Mukerjee, a,lso so. However, I would like to comp- provides fOr the promulgation of mar- liment and congratulate the Minister tial la", in Article 49 Of its Constitu- of Home Affairs, who was amenable tion, It is ,not something novel that and open-minded enough to accept my we are enacting in this country. As a and a couple of other friends' sugges- matter of fact, a far more redical mar- tion to have a kind of informal com- 'fial law can be promulgated under 'mittee to which this Bill has been Arlicle 49 of the Soviet Constitution. ]'(,ferred. I think this piece of legis- In all countries the safety of the lation we h'ave before us is the better State and the preservation of its free- for it. because he has a·llowed many dom has been regarded as the Sup- of the suggestions which were made reme rationale of all legislation and, by some of us to be accepted and they ~e therefore, the Defence of India Bill been placed before the House In deserves and merits all our support. the form of amendments tabled by my hon. friend, Shri B. N. Datar. \ T should like to refer to some of i would also like to submit also that 1 ·the specifiC proviSions of the Defence appeals should be provided in aill (If India Bin which, I tWnk, could cases. We should not dispense with have been !bet'telr drlafted. It bears the mechanism of appeals to the High 3349 Defence NOVEMBER 26. 1962 of India Bm 3350 [Dr. L. M. Singhvi] Court because it would neither delay this measure is of an impera- the cause we have in view nor would tive nature and has, at all events, got it in any way be an obstruction in to be passed, and to those who were the implementation of this enactment. frIghtened of it I can only say that We should provide at least one ap- they are making a very big mistake; peal in all cases. if they are well-behaved men, the!'e is no earthly reason for anybody t() I would also like to submit that aU be afraid Of it. action taken under this Act by tri- bunals or executive auhority should Though I exclUde personalities, be constantly watched in order to see am Of the opinion that, as in the days that the liberties of the citizens are of the second world war, we should properly protected. At some stage, have a concentration ca'mp for the there should be some forum where Communists. Every Communist in this administrative excesses can be Im- country should be put into a concen- pugned, reveiew and rectified. tration camp and kept there till every The dei~ailit of putting an en- inch of our soil comes back to us. In actment, such as the Defence of suggesting a concentration camp I am India Bill, on the statute book at the not suggesting that it should be in any present juncture is beyond dobut or brutal way. I should Say it may be dispute. I should, however, like to a dignified concentration camp. They quote the wise Duke in Shakespeare's may be allowed to read newspapers. "Measure for Measure" who says: They must not be allowed to have a transmitting set, of course, but they "He who the sword of Heaven may be allowed to read newspapers. will bear, should be as Holy as The letters that they will be sending Severe." to their rishtedars or relations must be censored and any letter that comes We are arming the executive through to them should also be censored. this enactment with vast almost in 'I'JH:se re"triclions should be put Draconian powers. I hope that in or impospd on them and they administrating this law, the executive should not be allowed to go about in will strive to be "as holy as severe". ihis country ,and undermi.ning what is the right of every Indian, that is, to Maharajkum:lr Vijaya Ananda ,tand by ror his Government to fight (Visakhapatnam): Mr. Speaker, I for his land and his country. support this Bill which, in my OpIniOn, is of an impeTative nature. As I said, I am not touching on per- I have been at great pains to under- Fonalities. This is my general view .tand why any law-abiding citizen of that the sooner we put the Commu- this country shOUld be frightened by nists into a concentration eamp the this Bill. This is how I feel, that if beteer. Even if one is Soviet-minded, you are wrong with I yourself, then the fact is that he is a Communist. A you would be scared by a Bill of this leopard never changes his spots. Till kind, but if you are a law-abiding the war is over and til! our country citizen there is no earthly reason to comes back to us, that is till those por- think that the law will get hold of tions that have been occupied by the you. After 'all, when yOU are at war Chinese come back to us, their right you have to introduce measures which place is a concentratiOn camp. you would not have otherwise. This measure is against people who are Shri Daji (Indore): Thank you for saboteurs, who are fifth cohrmnists, the newspapers that you will allow. who do underground work to come in the way of the war effort. It is Maharajkumar Vljaya Ananda: As &lso for those who are anti- I said, I am not entering into any JlaUonal and anti war-minded. So, personaliiies. My hon. friend is a 335 1 Defence AGRAHAYANA 5, 1884 (SAKA) of India Bill 3352 good friend of mine. I am not 8\1i- adjudication before the State gesting that he should go. I am only Labour Depolrtment. The adjudi- putting it generally. That is all. If cation proceedings in such cases the cap fits a certain man, he is wel- will take a minimum of six come to put it on.. I have nothing to months to reach a decision." Bay.

I am glad to see that in future the An Hon. Member: Very law-abid- High Courts and the Supreme Court ing! will have less work and less bothera- tion with the writ petitions. That is Maharajkumar Vijaya Anamla: I one of the things that this Bill will do hOPe that the hon. Law Minister bring about. But I do feel that writ who has very ably adopted and pilot- petitions flIed before this Bill was ed this Bill will take this into account. introduced should be disposed of. I think, it would be but fair a;nd proper Shri S. M. Banerjee: There i.a no tha t those writ petitions are disposed Communist union in Kanpur in the Of becaus'e oherwise even people who textile industry. have filed writ petitions for very good purpose will also be losing by this. It Maharajkumar Vijaya Ananda: If will cause injury. So, I think. writ workers can delay matters to the ex- .petitions before the 8th November, ten t of six mon ths, that is, by the that is, before this Bill was brought ti~ the adjUdication tribunal gives in, may be allowed to be disposed of the decision, it will impair the war by the High Courts and the Supreme effort. I think. the han. Law Minis- Court. ter who has very ably piloted this Bill might make an amendment or Only recently, as a matter of fact someihing like that so that this as- I was in Kanpur yestcrd3y. some pect also is completely covered and it friends of mine gave me a ,,"ry good is all-embracing. clipping from the Hind1tstan ·Times. It reads this: Much has been said about Tezpur land what has happened and sO on "Kanpur. . The Communist- and so forth. Of course, it is scanda- dominated Mill Workers' Union of lous when one hears that the officials Kanpur has baulked th(' ('fl'orts of were the first to run away. Indeed, the management and other loyal if that is true, it is a very sad com- workers to step up production, in- mentary on the services attached to cluding defence orders. by refus- Tezpur. I feel that every city should ing to put in extra hours of work. bear the name, if not exactly the With heavy orders fOr defence name. should be nothing short of a and civilian goods the mill autho- Stalingrad. Tezpur or and city should rities approached the workers to be our Stalingard and sh'ould fight agree to work extra hours. The and never give in. nOn-Communist unions readily agreed, but the Communist-domi- 13 hrs. nated one negatived the proposal. Great personalities. including Shri The Communist-led union car- Jaya Prakash Narayan-I have great ried out its intention by a recourse respect for him; but he was one along to legal technicialities. with many others-advocated that we Under the Factories Act man- should get out of the Commonwealth; agement must give 15 days' notice we should have nothing to do with to workers if over-time working them; let Us be independent; let us is to be introduced. If a section of get out of it; while forgetting that workers do not agree, they have we are an independent sovereign body, the right to take the dispute for we must stiLl ask to get out of the Defence NOVEMBER 26, 1962 of IndiaBitl 3354

[Maharajkumar Vijaya Anand.] Commonwealth. Now I ask: Have I know, there are many hon. Mem- they 3Illything to say? Who are our bers who would like to speak on this friends? Who have come to our res- fBill. As I said, no law-abiding citi- cue? Who have cpme forward with- ,zen should be frightened of this Bill. out any strings. without anything. .If he is frightened, it means that there Here we found the head of the Army ,is something wrong with his consci- arrive in Delhi. The Secretary of lence. Stale for Coonal~ Relations, Before I close, I would like to Mr. Sandys, was here. pay an humble tribute to our Presi- dent who went to the front-linn at An HOD. Member: He is here. personal risk and great inconvel'_c·Ue-,. The fact that he went there and saw Maharajkumar Vljaya Ananda: They the wounded and those that were giv- have all come. We find that our asso- ing life to this country was the grea- ciation with the Britishers has stood test thing of the present times. Us in good stead. I hope, those doubt- Shri Sezhiyan (P,'rambulur): Mr. ing Thomases will now forget or take Deputy-Speaker, Sir, that there is an back those unpleasant remarks that emergency due to the Chinese a'ggres- they made about the Britishers and sion is obvious to all. To meet the -their friendship with us. emerIT"nry, to safegu'ard t.he coun- try's liberty and to prepare the coun- I was very glad to read in the papers try in an effective way for the war, it that the language question will be put is but fair that. the Govel1nrnent be off for some time bccausn it always provided with some special power as brings about a controversial aspect is necessary for the occasion. A peace_ between Hindi and English. I per- ful and peace-loving country lik" ours sonally feel that to leavc the Lan- a~ been dl'3wn into the arena of guage Bill once and for all wi!) be do- hot war. But, the people hav(' res- ing a service. Th,· F.nglish lan[!uage ponded with fervour and zeal and is spokcn pr3cti('aliy throughout the have rallied behind their beloved \vor1d. So f::;r as we are concerned, Prim" Minister and the Government. ""C should be very happy to associate The first and foremost thing for the with English fOr generations to come. country and !llso for the people is to b"come stroog. It is al) very well that the people have responded with Shri S. M. Banerjee: No, no; !lot at fervour and zeal in this way. We .n. should canalise this enthusiasm and this emotional upheaval in the coun- Maharajkumar Vijaya Ananda: Why try. Otherwise, in course of time, we not? I do not a~ that you should not a~' find it difficult to ralIy them speak any other tongue. I speak again. Therefore, I appeal to the Telugu and the hon. Member probab- Government and ~.te Prime Minis..( ly speaks Bengali. tel' to canalise the emotional enthu- siasm found in the people and also to Shri S. M. Banerjee: Yes. canalise his enthusiasm to effective war efforts. Every individual, every Maharajkumar Vijaya Ananda: You ci tizen, should feel that he has got can speak any language and also stick some thing to contribute to the to English which has brought real war effort. Whether he is on goods friends ...... (lnteT'l'uption). He the farm or in the factory, whe- had his say and I may be allowed to ther he is in the village or in proceed. I interfere in nobody's the town or anywhere, he should speech, as you know, and I feel that be given some concrete job to do. He ·the hon. Member should also allow should feel that he is contribuUng his ~ to have my innings when I get on Own share in his own way for the my feet. war effort. 3355 Defence AGRAHAYANA 5, 1884 (SAKA) of India Bill 3356 The present cease-fire offer by ther we should prepare in a methodical, Chinese probably seems more to per-' disciplined and technical way and we plex and confuse us. Probably te~ should also be prepared for a lOlllg want some more time to adjust or re drawn and strenuous war. The other group their positions. Therefore, w way, a Peking paper, speaking of the should not be misled by the cease-fir Cease fire offer has came out that India that is offered 'now .Whether it wa should accept the friendly and gene- d~ to their own logistic and supply rous offer of the Chinese Govern- difficulties, or whether it was due to ment. It has also given a veiled threat 'Russian pressure Or whether it is due that otherwise, the war wiI! be a pro- to the massive aid that has been Offer-I longed and disastrous one to India. We ed by other countries to Us or whe- know what these words mean. The ther it is due to the resoluteness and words generous and friendly, in enthusiasm shown by the people of:\ ChineSe parlance, perhaps mean total India. whatever may be the reasons . submission and utter humiliation. We that prompted the Chunese to offer also know the veiled threat that they ~eae-fire one very important thing we are giving us. They want us to sub- should remember. That is, we should mit without any resistance. We would not relax our efforts in eoin~ rather go on fighting, we would rather strcfng. Our prime need is that we go On fighting to the last village and should become strong. We should be to the last man, We would rather go on come strong in military power, in our fighting and all die in the process than equipment. We should become strong meekly submit to the disgrace and dic- in our convictiOn that democracy is not tum Of the Peking regime. This we only the best form of Government should make clear to the aggressors on but also the strongest form of Govern- our soil. ment available on earth. We should became strong in OUr conviction that We should win this war and that we shall win this war whatever be the We are faced with many shortages. price that we have to pay. We should It is stated that we are in a state of become strong and also prove it to the un-preparedness. The greatest short- enemy that we are strong. That is the age that confronts the country now, I prime need of this hour. think, is the shortage of time. The Chinese have a slight advantage over us in this respect. For ten long years, In making ourselves strong, we are -ten long treacherous years they have glad to '!lote that other countries, been preparing for a war on us. We friendly democratic countries, have have been caught unawares. Still, there come forward to give Us massive aid. is (lathing to worry about. Even highly 'Wherever it comes from, it will be industrialised, highly equipped wes- welcome. Because we are fighting the tern cOU:l1tries have passed through war in the name of democracy, in the thl' same ordeal at one time Or an- name of jul!tice. other when war broke out suddenly 011 them. The United States of America went through this ordeal in Anything that impedes the war ef- 1940-41 which has been called the 10rts, anything that weakens our de- 'Battle of Time' by their historians. -fence should be ruthlessly and com- Therefore, there is nothing to worry pletely swept aside. Nothing is more about this shortage of time. We have dear, nothing is more sacred in our to equip ourselves in the shortest time soil than the defence and dignity of possible and in the quickest possible the country. Towards this end, we wav available. In spite Of looking ,should all strive and work. for' help from outside. whatever help we are !roing to get. We should not Modern war tends to be methodical, depl'nd entirely on foreign help a'!ld 1eclmlcal, disciplined and long drawn. fnrpie:n equipment alone. We should 'Therefore, when We prepare for war, also prepare ourselves in our own .2234 (aii) LS--12. 3.157 Defence NOVEMBER 26, 1962 of India BUI 3358 -[Shri Sczhiyan] way. That means. for total war over all sections Of the commu- war. we have to array the nity. maximum portion of our man power, We should keep a constant vigilance natural resources and capital equip- on production, distribution, market ment. We have to increase our pro- price level of foodgrains, food duction. by increasing our effiCiency, articles, textiles, drugs and medicines, by working longer hours, by working fertilisers, agricultural implements. more shifts and also utilising fully the building materials, kerosene and other instalJed capacity of each industrial consumer goods. unit. We have to re-shape the indus- trial set up and also the economic set. About agriculture, ma;ny hon. Mem- up of the country and fix fresh and bers who have spoken before me have immediate economic targets. stressed the point that agricultural Under the powers given in the De- production has got to be stepped up fence Of Lndia Bill, the Government at all costs. We also know the fam- should be able to control all types of ous dictum that "food will win the production. Quantity and quality war and write the peace." Therefore, control also shOuld be brought we should impress on the villages who about not only in the pub- want to know what they have to do, lic sector, but also in the private sec- who are enthusiastic in contributing tor. Also we should make many modi- to the war effort. that their work in fications in the types of production. the field is as glorious and as impor- VarioUs frills and fancies should be ant as the work of a soldier in the scrapped. Ornamentation shOUld give Held of war. way to utility. We have also to fore- Under this Bill, special and sweep- go some of the luxury goods and prc- ing powers have been given to the pare for essentbl war needs. GCJ\'erament. We h3.ve given the Also, the other day, I read in the powers to them with full confidence papers that there is going to be a that this power will be utilised to scheme of beautification of the Jumna pl'otccl dem()cracy and defend the left bank by the authorities concern- country from aggression. Therefore, to ed. While I have no objection to stich that extent, we are pportin~ that. schemes, I would humbly submit that In trying to protect democracy, we this kind Of beautification may wait should not stifle it. for some time. Now, the need of the A t this stage, I w()uld urge that we hour is fortification Of the country and should not make searching enquiries not beautification. Beautification can on the mistakes and misgivings of tne wait for some time, and we can spend past. This is no time for breeding or more· on war efforts and on our equip- enquirying about them. Let Us lOOK ment. forward. Let Us firmly resolVe to wipe out all defiien~ie to sweep Also, in war time, next to produc- away all obstacles that stand in the tion comes price control. In the pre- way. To win the war should be our sent Bill, the Government has got prime a;nd only motive. Let Us firmly ample powers to hold the price line, to resolve now to vacate aggression, to root out black-marketing, profiteering, defend the dignity and preserve the· hoarding and also speculation. I am freedom of the country. happy to note that the Government have appointed a high level Price 'IT ~ ~ (wm'ifTfffi:): stabilisatioo committee and also Price controllers fOr some industries. Price ~~ ~ ~ ;;ft~ centro] is one of the most important f~ ~ ~f;rr f

~f.Ir !R 1!~ f~'l ~~ ~ 13.11 hrs. [SHRI SURENDRANATH DWIVEDY in the 'fi~if ~ I ~ "'H irr~ ~r ~ ~~if Chair] if II ~~if ~ ~~I ~ ~ ifll ~ ~~ f'fi If;{ 1nf~ ~ it ~ f~ ~ IfTFe:rT if ~ ~ f'PiT ~ I ~fiI; ~ I f~ f~rn ifu !~ ~ f;;r T ~~ll ;f !~ ~~' • '(t f'!i1ll ~ l];on: ~ ~ \1if1fiT m gtt ~ ~ 'fTif if iflfT f'filIT ~ 'l"ifiJ II PI" f.I<:r li:'1t !,1ITif ij"fi ~ ~ '~'i~ ~ ~ ~ ~ I ~ f1:<:rr If: ff?ffff 'fir If''lJrUT 'fiT ~ m 'ITffi ~ I ~f~ qN ~I ~ Cfg:1" "

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~ ~ iii; ~ ~ ~ fCf~lf~ 'fiT make confusion worse confounded, the offer of October 24 is repeated under .r~~ I a new guise. The Asian and African countries, the eastern world and the Shrimati Renuka Ray (MaIda): western world are informed of this This House and this country have even before it reaches India. Let us given their full approval to the Pro- not forget that every time that China clamation of Emergency by the Presi- has gone in for a massive onslaugh7, dent in the face of the blatant and she has stated our Radio Peking that treacherous aggression by communist India has committed aggression. In China. The enaction of the Defence fact, even in this peace offensive, she of India Bill is something tha t is pro- has told us that if we 'transgress' nn vided for in the Constitution itself. our own taerritory. then woe betide The Constitution-makers did visualise India and she will have to faee rI that a state of grave emergency might Chinese attack. arise when India would be threatened by war or external aggression and We have said quite clearly that in that it would be necessary to empower spite of everything, we are prepared the Government to defend the land. for negotiations on the basis of the But, as one of them, I can say that we restoration of the ta.t.~ quo to the did not visualiSe that a neighbour line before the 8th September 1962. country, an Asian country who had But an honourable settlement is not professed Panchsheel and coexistence something that China wants not Mao's and who had spoken to Us with soft China at least. Why do they not want words of friendship would not only it? There arc many reasons. But stab Us in the back again, and again, one of them is that our country has but would come forward with naked gone forward with our plans. We aggression, and what is even worse may not have had any 'leap forward'. than the naked aggression, is the peace We did not contemplate it. We wert' offensive. not over-ambitious. But what we said we would do we did for the people and This country has, as Shri Mathur We Were going forward. They can- said a little wnile ago, united over- not bear the Impudence and insolencE' night as one man, and I might say of a democratic approach going ahead that in the face of this challenge, the when their 'great leap forward' fails. So the only answer is offensive through \ spirit of New India that we wanted since independence, has been born, a~ of the warlords of present-day and as a result not until the aggressor Chma. This is what we are facing. vacates our land, shall we be distrac- Let us not forget this. Whether it is ted or checked in any manner, no the guise of peace or the guise of war matter what the tribulations are, no it is the same thing. In fact it i~ matter what the odds are against us. worse when it is camouflaged. '

As I said, worse than the war offen- History has shown in the past and sive is Mao's peace offence. This is it will show again, that those pe~on a manoeuvre which has come out of and eountries which go mad with the the 'barrel of a gun' according to lut of power for expansion-as Hitler Mao's theory of political power; one did recently-are ci>leckl'd eventually. day it is aggression, the next day it is The people of this country, the people an offer of peace to camouflage their of the world, will check them. Mao real intentions to the rest of the world. will be eheeked just as Hitler was. It Radio Peking says that India is the may take time, but it shall be done. 'aggressor' and only their 'frontil'r In the meantime, they talk about guards' had to push them back. In Asians, China and India about friend- the meanwhile, they gobble up our ship again. Do they not realise that territory, but that is by the way! To there is an insurmountable barrier Defence NOVEMBER 28, 1962 of India Bill 3366 [Shrimati Renuka Ray] now lying between India and Mao's ders like Jyoti Basu and others did Chma? They have the bloOd of our not even agree to toe the line. The jawans on their hands, the desecra- discipline of the party was shattered tion of our land. The barrier they because they would not toe the line. will nnd is far more insurmountable They were planning for sabotage and than the Himalayas; it can never be naturally they had to be stopped. surmounted at any time so long as It might happen once or twice that Mao's China is there. somebOdy might be arrest!!d who might not be in the thini, but that can We also know and understand real be rectified. AlI the same, in these friendship. "Pu friend in need a • times of peril for India, we must be friend indeed". Today let us tell sure that every traitor is checked in frankly those countries which have his activity. Traitors are not only of respected OUr non-lUignment policy one kind. There are traitors of vari- and yet have come forward to help Us kinds. If anyone goes slow with ~I am referring to the USA, UK production in agriculture or industry, and other countries-that India will if anyone profiteers by raising the not forget such friendship that has prices of commodities, if any

[Shri Daji] human. A judge may err and give a ground of the emergency and the Re- person some five or even fifteen yeaI'll' solutions that we passed. Without imprisonment. If there is no appeal these there would be no raisns on and no posibility of revision, I say it de'etre for this Bill which is very dras- is too much. So, we say that we- tic and gives wide powers to the Gov- . Alould not copy the Defence of India ernment. The impression that seems ~~le and therefore our amendment is. to have been given is that We are to change t~ name to National Def- opposed to the Bill as such. But we ence Act. There is a whole world of are not. Having supported the decla- difference in things. When the British. ration of emergency and acclaimed the had it the whole natiOn was against national resolve taken by the Parlia- them. ' Today the whole nation is With ment and the people to fight back the the Government to fight the Chinese Chinese aggressors, we dO feel that aggression and therefore the need and this Bill or some such measure is a the occasion are much greater. Things- necessary corollary to the emergency can easily be done without prejudic- created by the unscrupulous aggres- ing the national effort. I was stunned sion by Chinese armies. What I to hear the speeches of Shri Hem say or my hon. friend Shri H. N. Barua and Shri Frank Anthony. I Mukerjee said is not with a view to can only say that their political know_ run down the necessity for the Bill it- ledge is at least twenty years old; self. It is regretable that apart from their knowledge of communism. must some philosophising here and there, have been acquired by reading dust the debate on the Bill has taken the bound, second-hand Or even third-hand debate on the Bill has taken the books .... (An hon. Member: You: turn of putting the communists in (" :dfy it). Certainly. With full con- a concentratiOn camp, as an hoa. firl,nce and honestly I can say that the' Member from the Con&:rcss benches resolution we haVe adopted is not one pointe:! out. The Bill is much more to which we haVe been hustled. We' and goes much beyond than merely may haVe committed mistakes or this. It has three points of view: blunders but we never hide our fight On the front. civil defence ann aims. We have taken this decision gearing up the rear. It is for effee- as communists, because we know that tively fighting at the front which we Chinese aggression is unjustified Rna: all want, for setting up civil defence as Indians we must fight and as com- which is necessary and for strengthen- munists we ought to fight. Both as ing the rear, which means increased Indians and as communists we have agricultural and industrial production pledged ourselves to this and despite which alone ultimately give you the all provocations we are determined to sinews to implement the determina- keep this pledge because it is an un- tion of thc nation. We do not want reserved and unconditional pledge, a' to give the impression that it is our categorical imperative as Shri Muker- stand to oppose the Bill. Given that jee said. It is not a pledge qualified the Bill is necessary and that thp by any conditions .... (An hon. Mem- intentions are good the powers are so ber: There was nO other way but to wide and so aol~te that there is a do thatJ. Not that. Even in Pakis- possibility of mis11sing them. Now, tan the Communist Party said let us examine them coolly and calmly that Kashmir did not belong to without hysteria and see whether we Pakistan and got itself banned. cannot build in certain safeguards to In Andhra, we started the Telan- I check the abuses. I shall explain my gana movement and got ourselves amendments at a later stage but on~ . banned. The communist movement amendment says about giving the the world over has not hesitated grounds of detention to the person to say something, even though it may detailed. There is also the sacred be taken to be wrong. We distain right of appeal becaUSe to err is to hide our aims. It is not that 3371 Defence AGRAHAYANA 5, 1884 (SAKA) of India Bill 3372 '.

if We are not represented in the Def- It is not a question of this arre~t ence Council, we shall cut down O)ro- or that arrest. This facade of the so- duction. Our support is unconditional. calJed Chinese lobby is also gone The Bill provides for a check or. now. When the entire Kerala com- strikes. There need not be any r.:heck mittee and the entire Orissa commi- on strikes, because we have ourselves ttee have been arrested, even if you do come forward and joined the Labour not put a ban, when entire committees Ministry in calling upon the workers are arrested, you are virtually putting that there shalI be no strike and not a it under a ban. You have to consider day, an hour or a minute to be lost whether it is necessary. In one parti- in the matter of production. cular case, a cancer patient has been. dragged out from the hospital. Such, 'Ii\' ~;' 111 ~r : 'fTq' ti~i instances make us feel that the whole (ff '1ft ~a'l';r~ ~i if ~ ~r spirit in which the Prime Minister said that we want to make use of our reso- ~ fit; ~' ~ ~ ~~~ ffi 1~r I lution in order to win national unity, Shri Daji: The question of industrial that spirit is being lost. It is not a peace is to be looked at not from the question of being provoked by this or point of view of absence of strike, wt that arrest. Let us work with that increase in production../ I have got a spirit. If that spirit is maintained, I report that thcGovernment has made am sure much better results can come an arrangement that in mines Sundays through this national effort to throw will be working days provided there is out the enemy. rotation of labour. But immediately rotation of labour could not be provid- 13.50 hrs. ed, but still in the NCDC mines and Madhya Pradesh mines, despite ab- [MR. SPEAKER in the Chair] sence of rotation of labour we have ag- reed to work on 2 Sundays every month and we have started working. Lolt is not EverYone has been waxing elo- a question of strike or no strike,' but quent about lapses here and lapses of positive effort to increase produc- there. There is another danger. tion.l That we shall give.' But to say How is it that the Home Ministry that puppets will be found in the com- has been. blind to this continuous munist par'ty. etc. is not correct. I running down of the jawans that IS say, not a single Indian shaH be found going on and the continuous harassing to be a puppet. If he is. he shall not stories of the debacle, which is being be an Indian and certainly not a com- openly preached in press and on munist. Let that be clearly unders- platform? The other day, a senior Con- tood. gress M.P. addressing a public meet- ing in Delhi ran down the Prime Mi- My friend, Shri Hem Barua, rightly nister to dust as no opponent would pointed out a booklet published by run down. How nre such things al- the Peking regime about the reaction- lowed? arY bourgeois regime of the Indian Government, which was dist!,ibuted Shrlmati Yashoda Reddy (Ktimoo!): in Ceylon. He should be honest eno- They will also be taken cognizance of. ugh to say that in reply to that book- let, we have come out with an arti- Shri Daji: In the Organiser dated the 19th November, 1962, it has been cle "Marxism massacred" and' sent said: round that article to all !he Asian and European countries, countering in their own language each argument, used "You should not expect the by the Cl~inee in calling our Govern- people to support the Prime ment a bourgeois reactionary Govern- Mini;;ter blindly like lap-dogs. ment, in which We have made out that Why should anybody be upset if this Government is not a bourgeois somebody thinks that the Prime reactionary Government. Minister had better be gone? ~3373 Defence NOVEMBER 26, 1962 of India Bm 3374

[Shri Dajil Shrt Dajl: I am not discussing. I Surely Shri Nehru is not a sacred am only reading from his paper: COW,., ." "Hero of the revolution thouah he may be, surely the thought I would ask my Congress friends must come to his mind that he has to listen. There is another thing held power too long. The times are 'which has beel! said in the issue out of joint and it is not he who ,dated 15th October, 1962: can put them right." "He reminds us"-'he' means Pandit Nehru-"of the Rai Shrlmatl Lakshmikanthamma Bahadurs .who used to wax elo- (Khammam): He wants to be quoted quent on the virtues of British by the Peking Radio. rule and the dangers of freedom. 'There is one difference. The Rai Shrt Daji: What I am saying is, let Bahadurs were at least consistent us not be blinded into a sectarian and in their love of the British and partisan view even at this juncture of all their works. Panditji is con- natiooal emergency. In all sincerity, tent to hang on the coat-tails we have said that irrespective of pro- of John Bull." vocations, we shall continuf> to do what we have declared. It is not for Here is a letter emanating from me to try to disabuse the minds of :30, Ferozeshah Road to some of the some of the Members who are still ·opposition Members. I do not know smacking of sectarianism and say, whether it has been sent to Congress "Please believe us". As far as I am 'M. Ps. or not. In this it has been said: concerned. the certificate tha t the Prime Minister has given that the "If the Prime Minister cannot resolution is cent per cent national is decide it is for the Coogress party quite good to me. I only want to re- Or the' Parliament of this country, iterate that we shall stick to it despite or failing both for the head of provocntions, because it is not con- the Indian Republic to make the ditional; it is unconditional and we choice for the Prime Minister that shall stick to it with the faith that he retires and give India a Gov- the more We are able to Quild na- ernment whiCh knows what it is tional unity ill order to repel the doing; which does not talk in Chinese aggression, the easier it shall terms of our eventual triumph, be to fulfil that task. Therefore, I but does something today." tell this to those who want to under- run us out af sectarian or partisan Shl'imati Renuka Ray: That has considerations that they are only nothing to do with the Congress. They helping the Peking Radio. Peking are only traitors who should be dealt Radio is abusing both Pandit Nehru with. and the Indian communists. Let us Shri Daji: I agree it has nothing faee . them unitedly. Let Us face the to do with the Congress. What I am aggressor unitedly and remember saying is, if all these campaigns can that the better and wider the unity 10 on and the Defence of India rules we forge, the better it is to meet the can be silent about them, certainly enemy with the determination that we shal! be having poor defence of that victory shall be ours. India. An Hon. Member: Ours means? Here is an opinion from a venerable man, Shri A. D. Gorwala ...... Shrl DaJI: Ours means India's. This springs from the justness of our Shrt Surendranath Dwivedy: cause, from the greatness of our peo- Should he discuss some person who ple, from the national unity that we ·is no t here to defend himself? have been able to forge. Such a unity 3375 Defence AGRAHAYANA 5, 1884 (SAKA) oflndiaBiti 3376

can never be conquered an f~ 1l some time ago that "in military terms our warfare consists in alternate ad- ~ ~~ t~ m!fiT "TifIT mol" ifi

[Shrimati Yashoda Reddy] come into our people today and we It is no pleasure to anyone. and aTe doing things at a fast rate. least of all to a democratic govern- ment, to see anyone deprived of his But I have to make one request to liberty. But at a time like this, the the hon. Prime Minister. When he question is not of allowing one to looks into the promised enquiry of hold a dangerous opinion, the ques- India's unpreparedness on the border, tion is of facing the risk that the opi- I would like him to enlarge the scope nion may be reflected in dangerous' to cover the question whether the action in hundred different ways country's military intelligence was which it may not always be possible adequate in recent weeks. Even ear- to detect or forestall. lier, it was obvious that India's ear- lier assessment of the size of the Por- I would like to make one appeal tuguese forces and their equipment to the Communists. If they are really was wide off the mark patriotic, even to serve a term be- hind the bars is an act of patriotism. My hon. friend Shri Daji very Some people, Sir. serve on the war vehemently and very powerfully de- fronts, some on the fields and ~oe fended the Communists. I would like can serve best by being behind the to say a few words. Few of those bars. Communists rounded up could have expected to remain at large for long. Mr. Speaker: She continues ad- Sir, when they opposed the resolu- dressing me, I suppose? tion they were not merely on the losing side of the debate, they were taking the side of the aggressor. They Shrimati Yashoda Reddy: Through say that the debate they had was you, Sir, I am appealing. very democratic. Was that the time to PUt democracy to test? Was there Mr. Speaker: Not through me to an occasion for any debate? Was anybody else, but to me direct. there a doubt Or necessity for discus- sion? I am very sony, Sir, that they Shrimati Yashoda Reddy: stand want to teach us democracy. There corrected, Sir, I do feel that some are a number of instances in Com- people can serve best in the war fronts, munist countries where Communists some in the production fields, some have been liquidated by the State on by remaining silent and, this applies the ground that they were anti-ma- to most of us, and some by remaining jority, anti-party. Is it proper for behind the bars. The morale and anybody here to have a personal con- honour of an individual is great, but viction that the aggressors were the morale and honour of the coun- right, and that he was just following try is far greater. That is why I a democratic or a majority policy? make this appeal to the Communists. Can they have that considered con- If they had been really patriotic they viction and then try to follow the would not have stopped Dange from majority policy? War demands a total going to Moscow. Can a few arrests commitment on the part of every here change the position of China citizen, and no one can have any being the aggressor or India belng Mental reservations. No one who has right, They say as a protest to the any mental reservations about the Indian Government they, will not go. right of his own people to defend themselves, no one who thinks he is 14hrs. only being magnanimous or demo- cratic in agreeing to go along with The crucial point now is not so the majority, has any business to be much the capacity to sacrifice as pro- at large. viding the enormous wherewithal to 3379 Defence AGRAHAYANA 5, 1884 (SAKA) of India Bill

conduct a modern war. The other day I was going through the report of the ~~~'f~ Central Statistical Organisation and m ~' q f& 1f~ said that we have nearly 20 million ~~~~ir~rit'l'fr~ unemployed and 20 million under employed. It is a colossal waste of ~ ~ :m: 'Jf'l'lrnT ~ ~r manpower resources. The colossal ~ 'l'fr """ ..". ~ ~ I lIR ~l1 ;; gm waste of manpower resources should be tackled by lauflching such projects ffi' ~ '1ft ~ Wl1

Lastly, I would like to say that my 14.05 hrs. hon. friend said that some of the Congress people were saying some- (MR. DEl'!UTY-SPEAKER in the Chair) thing about Government and the Prime Minister. Certainly, the Gov- ~~~~~~~~ ernment is not going to take to task ~~ff~~it~ I~ only the Communists. Every persoo ~ ~ fif 'q)ft f~ who commits the damage whether he belongs to the Conre~ Party or 9:U ~ 'l'fr

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~911 ~ if ~ ~fi'fllt it; ~~;ft f~i'r~ m ;;rR ~ f'lm ~ 'fiT ",crrnl' ~ ~ I ~f~~if;~ I ~'f ~ f';, ~ u:'fi ~ ~ mtff. ~ ~frr ~ I iI~t 1~~~'fi;;rt IIf~~ ~rif~~ ifIIT T'f mr '~ GfRQ iff ~r ~ it; 'tf~1l1 ~ q"{ rf~

[Shri M. Ismail] in their strides and when the coun- far as we are concerned, we know tries of the world were rallying what a no-war pact of China is. We round our country with their sym- have got the experience of the Pan- pathy and with their appreciation of chsheel agreement to which we sole- Our position, the communists have in- mnly adhered and which they were troduced the so-called peace move. tom-toming to the world. Now what- So far as we are concerned, I think ever may be the attitude adopted by and the world also thinks in the same Pakistan and whatever be the future a~ now, the Communist move is actioo of the Chinese Government. nothil1g more than a ruse, a snare to the people are united and they have deceive us. It is a propaganda stunt risen, every community, every section in order to make us relax in our of the people in the country has risen, effort. It is also a move and an effort and they feel that whoever may be to isolate us from the friendly powers the invaders the people will face who have been helping us. Their thpm with determination and deci- idea seems to have been, and we find sion. Therefore, this is the assurance that it is really so, that we will, as that Governmoot must have deeply a result of their peace move, relax in their heart, and they should' go our war effort and that we shal! not forward with their preparations. be getting the foreign aid so briskly and quickly and in such a large mea- The Defence of India measure. as sure as we are now getting. As a re- I said, is a very necessary measure in sult of OUr relaxation, the Commu- the circumstances in which the coun- nists might have calculated, the try is placed. Though we have had powers who were helping us might be- in the prescn t century, in the past, come cooler in their intentions to two such Defence of India Acts, the help us. Therefore, according to present Bill differs deeply from the them, in this way we shall rtot be previous Defence of India Acts. Dur- prepared for another attack by the ing those times, during the first and Chinese, when they think it fit to second world wars. India was not a perpetrate such an attack. This free country. We were slaves under seems to have been their idea. I think them. What we can at best say of our Government also have come to those two previous Acts is that they appreciate the position in this light, were intended for saving us, Indians, and every one in the country thinks so far as We were concerned, from that we should not, under any cir- more rigorous and ruthless slavery cumstances, relax our preparations than we were under at that time. or relax OUr alertness and prepared- But now this Defence of India Bill is ness for the war effort. a measure that has been forged by the people themselves through their Government. It is highly regrettable that Pakis- tan is still not able to appreciate that Of course. there are restrictions what is our danger is a danger to and restraints on the freedom of the) herself. The world now appreciates people. But, I am sure that the that it is an expansionist move on the Government wil! so administer this part of China. Many sensible people Act as to make these restrictions and( have come to this conclusion. So, restrains more as a guide to the peo- even now, it is in the self-interest of ple as to what they should do a.nd Pakistan to see and appreciate that what they should not do under this it is only a question of time when emergency than real restrictions and the Chinese will attack thBlll. Whe- restraints upon the freedom of the ther they appreciate it Or not, that is people. Evoo if there were restric- not very much our concem. Now tions, they are small restrictions con- they have offered a no-war pact. So cerning small freedoms and all this Defence AGRAHAYANA 5, 1884 (SAKA) of India Bill 3388

is for saving the greatest of free-I technicalities of the law but to en- doms, the freedom of the country and courage them in their effort. I am for maintaining the honour and the sure we shall win in the end. integrity of our country. I am sure that Govcmment will so administer, Mr. Deputy-Speaker: He should con. it as to make the people confirmed in elude. This third time I am ringing their belief that it is for the supreme is the bell. Dr. Govind Das. national service. I am sure that every industry in the country will make its 'supreme effort to supply the needs of Shri M. Isma1I: We are sure to wiD. the people as well as of the Anny. Mr. Deputy-Speaker: The hon. WTo mfiR m:r ~~ -- Member's time is up. ~el ~~ 'Ii ~ f~ !fiT ~ i-~ifi~ I;a-if~'liit Shri M. Ismail: I want to mention :a word about one of the important ~ f~ 'R ~'fi 'IT I ifR if q industries of the country, that is, the ~ll~'Ii~;r;;'I1 tanning industry. It has played a historic role during the First World ;;pf~~~if~~ War. As an instance of the impor- lfll ~ 'fi'IT ~ m ~ I fom ~ tance of the industry I would men- .noo ~' '1t~ lfll ~ 'RTerr ~ tion only one fact. During the peak ~ flf~r • of the First World War the upper \JlJ Jfll'lI"

~o ~r ~ if; ~ ~ ij'if ~ ~1' ~ 'liT ~If ~ iJT fcmr m rnmr ~ ~ ~ Cf1'<'Il 'fiT ~ 'IfT1fOT WI' ~ ;;ru iRof if; fuii ,q-, m' lJm'f- ~~I!fi' ~ ~ mm m;;1 'Ii~ ~~~ Of@gm I;il'~ ~ ~ if ~ ~ ~ iRof 'fi'T d-I:/'R ,q- ~ ;;r.r ~ ,bIT gm qr ~ TID ;;frof ~ ti~ 'liT ~ ~ ~ q;: gm m ~ ~~.rrI~~C!;;rr ~ ~ rn if; fuii i~ ;'1'\'1:: ~ ~ ~ ~ ~~ ~ qq;rr ~ ~~-I ~ fif;'lrr I ~ 'fiT ~ 'ffii '1"lstlilf"", 1l ~ 'liT t:t'Ii ~ ~ mn'-ff lfiW ;;rrnr qr ~ ii sf\Vfucr ~;;I W ~ I ~ ~ ~ ~ 'liT ~ mr- ~ I ~ ;;it ~ ~ ~ sf\Vfucr ~~~~ff;~ f.t;~ ~ lJf ~ ~ llif~f.t;~ffi~~~ I ~~;a;rif; ~ti~ ~I ~ ij'if w ~ 'liT ~ ~ -srmr ;fu: ~f 'iff ~;;it ~~ if; ~'''l tl ~ "fm 'Ii'ffi'fi'~ .~ if If.W ~ m 1l ~ W I ~ 1ff;;nr fu'f '~ 'liT ~ff' W ~ m.: ~ '!''rif;~1if'!~ ,q- 11l~~ W' ilif'fi''f 1l ~ ~if ~ar ~ f.t; ~i' '''l601 ~ f.t; ~ ;r.rif ~r ~ +rfur ~~ rti~'f.~ t m~ ~ ~ q;: l!f~flf ;;r'Pr ~I~~ ~'Ii~ ltiT ~ ;p: ~if 'fI~ ~ ;;it orr w ~ q;: t

~ 'liT ~~ ~ ~~ U:'fi' ~ ~ !fo ,,"0 i~lfr.t (l1'mrrlJ<:) : ~ ~t ~ ~ 'f>'t;;IT d-lfRt 'f.<:ifr ~ ~ 1'1 <:nIT ~'; ~ liI~'.. ~ : 1!1f ~ ~ ;p:;f if; f~ ~I' 'IT, ~'l'I' ~ ~ I llif ~ ~ f<;rfil ~ f~ ~ R"ff 'liT ~ '1<: 'Il~ gm fl{l:fT qr I 3391 Defence AGRAHAYANA 5, 1884 (SAKA) of India Bill 33S12

Shrimati Laxmi Bai (Vicarabad): ~ ~ I ;ft;; if m;;r 1fil1n: 'fiT ;;rT There are only 5 per cent lady Mem- bers in the House and out of that only ~~!I;flftdCfll~ 3 per cent are active, but you are not ~r;; ;tft if; ~f;; ~ I ~ '1;['1;: encouraging them. 'ift;:ft" ~ ~ ~ fiT; ~ ~t.t 'fl'T W -n f~ n : ~tr ~ lfAT 'OfTlf !l;fn: ~ '1;['1;: ~ t; ~ ~ ~~ ~ fif'; ~ ifT ~11 ~if 'i~ 'fl'T .wr ~~llf~~~ ~fifill ;tft ;;IT mo ~ ;f.T 'ft ~ I ~ ~r ~ it 'f.lfr il:T ~ ;;IT f'li m;;r f'I;m wmr ~ ~ ~ ~;ft ~ 'iff~ I ~ ~'3f-iffi~I~'1~ 'fiT ;;rn:T ~ f;p,T:r ~97 ~ I

~ d"T ~ ~ f97 ~ r~ m-'Tf7lT m"i ~f II U;'f." \I'r.:: "<"1rIT ~ ~ ~ ~ f'f>" ~ ~fif1I it ifiW ~ -tRIfq mr f~rn g fif; Q;ffi ilW ~ ~ ~ '.f~' ~ ~ f~ ~r--fif; 'iff;; iii wr ~tt m ~ ;;w.r ~~'3'ff.~it~ ~i "T l11~ ~ fiT; ~ ifi't ~rr 'fl'T ~fte ~ iizm: ~ 'I;~ .~ 6'iiiT 'iff~il fifo" f.lllf) Mili"f." 'if~ip.f I !l;fl"[T '.,." f;f~fd 'fiT fiillfor ~ <;ff. ~ ;;w.r I 'l;[J7jf ~ ~ t\.T if ~ffi aT ~ "'1T'!ifi't f~rrn f~i'f lflIT t, mu ~ J,!T'1 if; ~ 'f>TIf 'fi':iiT 'ifTlfffi ~ f'fi f6~ if; ~ ~ r ~ ff~ 'fiT it I!!~ 'f<'iWr. if; flf<'l"rn 1fT m ~ I <1N ... ~ eft ~ ~ it; f"fit ~ ~'ll11!f ~ ~ if; ~ 'fiT mft 'fl'T mft ,mT ~r I '1;[\1: II ~ ~~if if; ~ !I;f'liiT f~ '1fT I m;;r 'iff;; if; ~r if; 'fon:ar ~ ;fi~ ~ ifi't ~oi't ~ ~ ~~if;'I1111ifi't~~ ~ it R> it"T if; ~ 'llr OR'!> it '1;fT< ~ ~ ~ f'fi ~f~fd 'flIT ~ I lj;r if; f~ 'ITT ~ ~ ~ 'f>"T ~ ~ft'if 1fil1n: if; ~!f it ~ ~a ;ffir'fo ~ ~ fifo" ~ ~ "T ~ ~

[>..If foroif""if ~o ;Jq"rq" If~ : q-i"if fl'fifa- ~li llllT't l1~t ~f f~~i f'Wf ~ ~ Ifl1T ~ I ~ r ~ W'foT"': r'R1" q;'tJf that it is only five minutes. t m ~ 'l'rn ~ ~ GIS'f ~. ~ I Shri Bishanchander Seth: Every- s:'1f,,;t ~ 9;f'T'T 'fo"T '3"l'f if; l!~ ~ body takes 10 minutes . .

4" ~' ;fl;;r qn: m'T 't; ,1IT11'r ,'3'IT Shri Bishrhander Seth: They have "!TnT t I rnf'F.1T'f 't. o;nmi if 1ft already taken. Why not for me? ~!lII ~'l <%r ~ ~1 'TIf'fo""''fT'f n'slil Mr. Deputy-Speaker: The hon. Mem- ber has taken five minutes. I am giv- ~.n~~r;f~~'3;rif;~. ing five minutes to each now. it l!* '~ ~ ~ I m'T 'TIf'f>l?1T'f 'fi -~ ~ f'fi1fT 51""", 'tiT 'fil'si'rIiT"::W ~ for~;rif b: aT 4' f~ "'tt ~ ~~I 'lfl" W'f 'til" orri ~ ~if '0 ~r ff; 9;fIR mq- it rnf'liWif ~ ~~ f,li {'31 ~ f'f> ;;rl[ ~ 'I1f~;r 'tiT "!"Ii it f~I~ ",-,. ,fr ~~ 'tiT ~n ~~ 'T<:: '!U ~ Cl1'[ ~~ OfUlf, ~iI W ryrr ~ 5I"llT'f -~I 9;fR ~ iT"I'''fl" 'tiT fq;, ~ r", 111 ~I ;;r~ 'T<:: %1" ~ ir '1;1"), 'tiT ;;fl~ 'J'5TrTf'" l1ilt ;;fA''IT 'ti~ i;~ft

if;~~~~~~~ this hour of national emergency. Much apprehmsion has been expres- if; m ~ ~ mtf ~ ~ sed by some of my colle84fl.les in this ~a~~'I'Il'f~'f~it~ House that indiscriminate arrests ~I have been made. But, what I feel in this context is that more vigilan('e should have been exercised by the ~ it. MI'ilI<:q'l\ it. ~ fm Government and arrests have been ~it.~~~1f~~f~ made earlier of those anti-nationals who have been resortitlg to subver- 'ff~ ~ ~ 'f ifi~ ~f1 it. 'liT sive activities. There have been at- ;;it ~ ;oft ;tt trt< ~ tror '1ft ~ tempts of sabotage in my State of ltiflllf ~ \ffi 00 ~ ~ f<:n:rr lTlIT I Assam during the last few days. But, only last Thursday, I saw in the ~ ~ it itTT ~ ~ fiI; ~ f~l1 papers that anti-national elements ;tt ':i1T ~ I illegal infiltration from Pakistan into Shrimati Jyotsna Chanda (Cachar): Assam. I would urge upon the Gov- Mr. Deputy-Speaker, I do welcome ernment to maintain strict Vigilance On the Defence of India Bill, 1962 which the activities of the infiltrators who has been placed before the House at have no allegiance to this country. 3397 Defence NOVEMBER 26, 1962 of India Bill 339:; [Shrimati Jyotsna Chanda]. I am pained to learn that a person Lastly, Sir, my Sta te has suffered with questionable public support has again and again since Independence, been appointed Chief of the Civil De- due to some reason or the other. A fence in Assam. large section of the refugee population is still to be rehabilitated and so it I would like to draw the attention is but natural that appre~nion are of the Housl' in alI humility, know- there in their minds about being up- 109 nothing of Defence administration, J'ooted again, Thereforc I would urge l'lat while our budget estimate for upon the Government, as a humble ! 962-63 is Rs. 343 crores, with a capi- representative of a border State, to :al expenditure of Rs. 33 crores. thus exercise the utmost measures so that totalling Rs. 376 crores, and even ad- the citizens of Assam have less suffer- ding the Rs. 100 crores that have re- ing at this critical juncture. cently been voted by this House, this amount is nothing to meet the pre- With these words I support the Bill scnt emergency. The voluntary dona- and extend my thanks to yOU for tions which arc coming spontaneou- giving me this opportunity to speak. sly. from rich and poor. will not be sufficient to meet the present requi- rements for fighting the enemy. We -n ,!OI'mr f"l!: (,it<'fr) : '3~;!f must increase men and arms double, 1f~~r fri-!f men 'tf~lrr fif<'f 'R ~~ if not more, to fight the ooemy- il"r<'fir ~ '10 .q ~ ~f;'f ~1f~l fit; which requires huge expenditure. So I would suggest with humility to the ;;rr ~r~ ;;rqr;r q'1ifr ~ 'fir ~;rr Government to find out measures for it 0;:'" ~ ~~ 'fir <:Ifff it forq; f~rit higher taxation to meet the situation. 'Wiir IfTlIl'T 'fir orf<'f ~r~ ~ ~ if; f<'fq; At the same time I would request .q q'fifr ...... ;rt..-fu !t~ ~ q'h: ;;it ;;rqr;r the Government to have massive pro- paganda by radio broadeast to keep q'1if"r ;;rR 'fir ornrr <'fIH 'fi~ lI'tifl '1<: up the morale of the nation and also 'f~ ~ ~ ,>if if; SifCf ~ 1~ "1'4T ~ to bring to them the confidence that IT t;1'l;n' ~ ~'ii I not only at present but for long years 1 to come we shal! have to go through harder days. I do feel that unless the .q ~-!f ~i iit; m1fit fr'f~'f ~en 'fi<: morale of the civil people is main- ~ f'fi .q ~ m:r 'ITer '&:-!f f

~ fulfT ~f~ ~~it lfil ~o ~ifr~ ~1f'i!1;ll'f ~fi; ~ mil w 'f>Tlf ~ ~4'f ~;r ~ llf~ 'Iff f~ I rn ~ I 1!:Jf 1 WAT m'f ~ 'f~11f 'r'i" ~ if; fur!; m:;r tPf it ~1 ~ ~ To1<1T rn if; ~ "I'iT"<:Of, ~~ fOf"f 'fi") <;AT 'i~ ~ I tPf ~'li ~ tTil" ~ I zrR:: ~ <'I'm ifmICI" ~'fi ~ ~ ~ .~~ Ef;" mit ~ :;r'f9T if; ~ it Q:T tTil" tPf it m ~ '1fT 'i~ ~ <1"f ~ f~ mQ'f>'1iT 'fir ~r '-THiT ~ 'f<:it if; f<'fl\ ;f "lJr 'f'fiffi" ~ I ;f li~ f~ 'fi~' f'fi m'fi" ~'iin ~ 'fi"f T"m '-l'f;: ~r ~ ~ ~ I ~f'fi'f ~it ~1l ~ f'fi ro I~ ~ ~ ~ 'fi'Iff 'Iff mit rr@ :;rm ~ I lIR ~ il:If it !i"1<'T

-n~ff ~ ~ -n ~ fq : 1l "f1'f<:lT ~ fll>· ~~~t~~if~~ I ~ oft'"' if; if ~ lfT'lI" fif;~ ~ if; ~ ~ ;;r.r II>r ~ "'l" ~ 111'f Qf~;llllil~~ forlI" tTlfT ~ 'iff'" ~ CfVIl ij- ;;r.r "'T ~~f'~~~lll~~ sm'iffiT ~ ~ ~ ~ f~ ~ srT'lTT ~ ~ ~ t~ ~ ~ f'" 'Iff iffif f'" 'Iff ~f ~if ~ ilR +rr ~ ~ qf<:l if; fCf"iITU if; ~ ~ I ¥'li'f m "'l" ~l ~ f11Of<:lT I 1l "!P-IT-f if~ ;;fT ;;r.r if; f;w. .ft ~ ~ I ;;r.rif;T <:r.I' iR'R ij- ~ Ofl'.l ~ ~t f'fi ~ ;;r.r "3"f ;r 'J;f\'("ty ~ ~ ~ ~~ om: it ~'fi ~~it ~ 'l;[1;:: ~~~ I ~ f'fi 'flIT q,r ~

'" ~ m:fq; ~~ i'ilfT We have before Us the Defence of ;m-q'h: ) "11; r('· ff~t ifiW I India Bill incorporating all the ordi- nances that the President has promu!- '" \3"0 110 ~t : lr~ fourteenth year of the Republic of ~~ ij- ~ if'; if;;:: ~ I India. Defence AGRAHAYANA 5, 188. (SAKA) of India Bin

China is the most civilised country tions over this Chinese aggres- as among the under-developed coun- sion. Why? Is it that one is lTies of the world as because of its for the party and the other is adherence to Panchsheel, and its reite- for the public? If today because ration at the Bandung Conference, of some guess-works, looking and then the visit of its dignitary to towards what is happening within the India not once but twice, and its country, some such thing provokes prolonged talks and prolonged some suspicion, or some suspicion has attempts at talks and at negotiated arisen in the minds of the people in settlement but all of them only end- regard to their words and actions, I ing in an unprovoked war on the think that there is no justification. question of a boundary dispute. which the Communist Party of India P20ple are "till wondering why China can give in this matter. has waged a war on a frontier ~o prising of about 2500 miles. Still more The speech made by my hon. friend surprising is the fact that it has all Shri Ranga could not impress me very of a sudden or immediately ordered mllch. It seemed as if his appre- cease-fire. Now, we find from the hensions were like those of Pakistan. papers that it has approached the Much has been said of misuse of lhe Tha1land Prime Minister and even the Defence of India Bill and the powers. philosopher Bertrand Russell and I do not think that this is the proper others. I do not know why it is now time to go tnto it. Let my hon. friend 110 eager and want.; mcdiaLon. In keep quiet now, and let him wait and spite of all these facts, as I have see whether power is misused or not. statt·d. when China could no! befriend There might be misuse or there might India, I say that it would not be able not be. But when the proper time· to befriend any other countries comes, let my hon. friends point them whether communist or otherwise. That out, and I think Government would is becaUSe of its designs. I say that be in a position to look into the matter. China today is the rust of communism; it is the self-born rust of communism. No one in this twentieth century I welcome wholeheartedly the Bill could expect a war like this. Humble which is before the House. as we are, 'we soar, but never roam' and are always 'pondering to find out -rT 11'0 <=ro ~~ : 11· om ~f'e1 the kindred points of heaven and f~lIi 'f.T ~~ if.!~ ~ ~ ~ home'. If that is taken as an inter- fWl; pretation of our weaknesses, I think ~ I ~1i1'Ii ;ft;:r it m ~ 'fiT fw %, that China has made a wrong assess- lfij rifUlf 'fiT fw ~ fq;;: ~r l{ ~ ment of India. ~ fif; F.lf

[P.fi q-o ~o il~ ~. 1!:[ ~l1t;r f1fillT ~ I ~~~ r~ r~ ~ lIi"l ~r.r fq-"r 'PIT ~ 'Il"l"f ~i;;r;r lIi"f <'!Tit lIi~fifli 'IlI~ $ llI';rrf.T it zr;r <1'm'r if;<: ;riff r1cr ~ 'fl" if11T I ~ ~ ;~ ;r ~ It<: ~I WlT lIi"f ~ ~ ~ ~ rR q; ;ft;ft oftwr ~ ~ Wcf ~ ~. 'iiI<: q; II 1l ~i;l'f ~ f", ;;mi'i q; ,!"if cmrT ~ if@' ilTilT if;~ I ~o '3"if'fit ~f ~f f~ 'fr.r ~r .rmr ;r 'WI'ft If~ it ~ ~ f'lfif q; ifn!J;I'T it ~ fl:m ~ I 11ifi" ~;rr if;<: t;f.m TfI1lT ~ f~ '1ffif "'I 'IlT '@ ~if ~ ~I 1l '~ ~ Wifr ;r lIo ~o ~ro if ~ ~ ~ 'fri[rom ;;rtu1, ~~f~~'r'f'fi~'fI~ 1 ~lf~ ~ ~r 1:1 1{ ~ ~~ It<: 'liWIT ~ ~ f'" ;fA -- zr;r ~ ~~ flf'f ~r il:, mflR ~ffifrf ~ ..itr fif

;ft;;r It<: ~ m ~ 'f@ f~ ;;ft ~a ~ ~ f~ ~ ~ 'OfT ...tl It qr;r ~ f~

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Shri A. K. Sen: He has challenged I say this because he has charged us ·the bona fides of Government. He has with distrusting the people, with charged it with lack of imagination, inheriting the bureaucratic past lind riding roughshod over the rights of varioUg other things. That was in the people, behaving like bureaucrats 1951 and he was writing about Sun and inheriting the legacies of ih.e Ya(-S.:n anu China-he said: bureaucratic past. He says: "I want the Government to proceed to the task "Compared to the achieve- of national defence with all its vigour. ments of Dr. Sun Yat-S(>n, those "The country will giVe the Government of Mr. Gandhi were nearly child- .its tremendous enthusiasm. T do not ish. Just as the pupil succeeds the Wallt to see abuses taking place and teacher, so has Mr. Neh. u taken abuses have already bepn suggestC

[Shrl A. K. Sen]. wields is borrowed from a law passed which finds a place in Kant's works. by a freely elected Parliament. That He said, it was a catep,orical impera- is the principle under which we l:ve tive to give complete suppc.rt to the and for which we are fighting and we Prime Minister. One should have shall never have ~ orrl~'~nt which imagined that any simpler 'anguage wields powers which are n:1'. granted would have been quite enough to by Parliament. That an'.wers the convey the same 'dea and Kant was· criticism that we have bc'rrowed the not necessary to ! upport such a very British prototype. What TJrototype obvious propositiou. But I fail to see shall we follow. then? (An Hon. how a reiteration of Kant's tategorI- Member: Chinese) I do not suppose cal imperative really improvcb the there are other prototypes wh.. re posi tion at all. there are opposition parties fredy discussing measures introduced by Then, hl! puts forward a ll1:Jst extra- Government asking fo!' more po~r ordinary .:.rgumcnt. He Mentiuns to meet an emergtncy. Naturally the about the arrests and the resolution language employed is English as it which has been pa~ed. He says: will be for a long time a)1(\ I do not think Prof. Mukerjee will have nny "Nobody who consider., himself grievance of it. It is no argument at to be a true member of the com- all to characterise the Bill that it munist movement. c'luld ignOle answers a British protot.ype. It may that resolution; he must translate as well be said that t~ ~ft i~ the that resolution mto effect." British prototype because it h only a historical accident that e'e Opposition A rcsolution which is only the least in England is to sit on t~.e ieft of the that is expected of any Indian, nalT"ely, Speaker and that came to be known a d,'termination to fight the invader, as the Left and the Government came is it to be buttres.;ed by an appeal to to sit on the right. It may as well be th., communist mnvement that any- said that his prototype is of the Bri1ish body who considers him,elf to he a institution. There are cert:,;'1 fixed part of the n'!.~ mf)veIT'.tnt norms and fixed form., ~1i Dny must support the lesolLl1i(!Il. as i! one Parliamentary Governmen, have to who d~~ not comider h;mseJr '0 be a follow. one of them being 1hat. noth;ng part of the communist mO'lement shall be done or warranted sO far as .should nut support that or t'l<1t the the executive is concernnri unle,;s it appeal to that reso!\.ll!c·n must be from is backed by a law passc'd by Parlia- being a part of the cOITlllunist mcve- ment. Every +.ime ',herefore this ment and not frOlr. being a part of rhe Government will a~ for m,.re powrrs greater nation? I should imagine I will come before tl:!is Parliament that the better appeal shovld be the and whenever Gc.vernmen. finds that appeal of our being membel's of a the Parliament is unwilling t) concf'C\c great nation and all of us must follow that power, that Government will go. the imperatve or slIeguard:ng lne That is the rule which We :t:.,aow and liberties of the people and the fr,-e- I hope we shall c:mlimlp to follow it dom of the nation. ~n any Clcnt. I unless our whole system is ;;ubverted do not grudge if lhat rt.~lion is by other agencies. really translated into effect, whatever may be the appeal which m .. y be In his speech on the 8th of Novem- insisted upon. ber he made a menton of the cate- gorical imperativE'.; Of Kant. I fail to But what has pained me is the appreciate what relevance Knnt had charge that all thl'se arrests have 80 far as the pres':?nt ~itation is con- \ been made, all these measures have cerned, unless it was f •. r tile purpose been passed, only for the purpose of Of actually employing a language injuring the communist party as such. Defence AGRAHAYANA 5, 1884 (SAKA) of India Bill 3416

~e says that the resolution it has pass- been trying to build up? Morale is . ed is an end of the matter. I think it is a great thing. The psychological necessary to tell the House, if the determination is a greatei' thing. But House does not know i! alreddy, that apmt from the psychological impact notwihstanding that resolution thue which such groups might cause, there are members in e~t Bengal ana o+;ler were other more positive overt places who were do;ng evcrytj'ing activities which had to be curbed. possible to see that that I''!solution was not carried into effect. Shri Narendra Singh Mahida (Anand): May I seek a clarification? Some Bon. Members: Shame! If the Government thinks there are such people, why not ban them? Why fthri Tyagi: Was that resolution have them on the defence committees? passed after the ordinance was i~ed or before that? Shri A. K. Sen:' I am talking of individuals. The Prime Minister has Shri A. K. S;m: After the ord na1'lce already said that this is not intended waf> issued. or directed against any party. This is directed against individuals and Shrl Tyagi: Then we can nder~d'!d groups who were found, from reliable it. information available to Government, to have been complately oppo~ed to Shrl A. K. Sen: Only the other day, our national effort and who have been in the West Bengal Assembly. a simi- more in sympathy with our enemies. lar resoluiton was moved aact 9t the It would be absolutely unworthy of time of voting, the Chief Minister any Government if in times of such appealed that all the Members should crises, the Government did r.ot act, stand and pass it unanimoll;ly. It is but allowed such activities to continue. said that one of the Members, who was unfortunatelv on<' of :1,,, very Shri Harish Chandra l\Jathur: You ones arrested later on, walked out of have allowed ·too much. the Assembly rather than rC'main and vote unanimously along w:111 the other Shri A. K. Sen: Who can possibly Members. make this bold assertion that just because that resolution was pa:;.cd, all Some Hon. Members: S~.'! overt activit'ies have stopped? Shri Bishanchander Seth: Magic! Shri A. K. Sen: There were others we openly expressed their symathy Shri A. K. Sen: Resolutions do not tor the Chinese point of view and who create an atmosphere, do not wipe out were trying to move public opillion in the legacies of years and YE'ars of f~or of the Chinese invaders. It is indoctrination and a particular faith unnecessary to name them. This Gov- and dedication to a particuiar linc at ernment still has sources available to action and thought. This is abSOlutely it whereby it keeps itself informed as a simple proposition that il r.;solution any other Government. No Govern- does not do all that. If it did, we ment can possibly function unless it would not have been in thi;; :lifficulty. keeps itself informed about currents and cross-currents in the country. I certainly have great arlm;ration Who ~an shut one's eyes to the fact for these members of the c'Jmmunist that there were large groups of people party who have been bold enongh to) who were openly, and what is most declare their unanimity with the rest importaQt secretly, carrying on syste- of the country, who have fallen ;n line matic activity designed to support the with us and have taken the Hne, which invaders and designed to subvert the is the only line possible for India. grcat defence which We have all But I do not think even they would 34[7 N:)VEMBER 2G. 1962 of India Bil.l 3418

[Shri A. K. Sen] claim that they have carried all the those powers are used for the purposes .members of their party with them. drawn. Any officer or authority who It is, therefore, ipoil~ for the would be using those powers fQI' a Government to say that it will refrain collateral purpose would not only be from exercising the powers of preven- open to disciplinary punishment, but • ·tive detention. Government will have such action would also be open to the painful '1ecessity of resorting to review by courts because any u('iion ,it whenever occasion demands and it done for a collateral purpose, namely, has always been unpleasant and pain- for a purpOSe not of the detence of .ful for a Government like ours, de- India but for some private r~ao. or pending as it does on the free will of other reasons, if proved, would be the people, to have to resort to the open to court's interference. I have no expediency of preventive detenti<>n. doubt that the governments of the But as I said, unfortunately, whether States and the Centre would al80 in peace time or more SCI in times of punish those who would misuse any emergency like this, such powers authority with which hE' is empower- become necessary to be used 2< and ed., 'when occasion demands. .The next question is the question of The only thing that is neces3ary is , special tribunals and appeal3 there- to 'ce, as the BilJ itself provides, that V from. I appreciate-particularly, Shri -in exercising these great powers, ut- Daji had spoken to me and even the most caution is exercise:!. I ~e no Deputy Speaker and other M"mhers doubt and I can assure the House of our party had also n'ntion~d it to j that in every case, utmost caution and me-that there should be a right of ~l;l t;ny are exercised before the revision, of appeals in cases of mani- powers which are granted under the fest errors of law and questions of rules and under the Bill v;ould be lack of jurisdiction or excess of exercised. Hon. Member·, \\";;1 see juri"diction by these tribunals. We 'clause 44 which says: have given appeals in all matters in "Any authority or pp~Cln apting which there would be a sentence ex- in pursuance of this Act ~a!1 ceeding five years. In other cases we interfere with the ordinary have not given appeals or the right avocations of life and the e'lioy- of revision for the simple reason that, ment of property as EWe as may first of all, the very provision re~rd be consonant with the purpose of ing special tribunals would not be ensuring the public safety and brought into force unless it is abso- interest and the defence of India lutely necessary. Hon. eer~ will and civil defence." see that that provision would net be brought into force immediatly. We do So, this is specifically ention~d in not intend to bring any special tribu- the Bill itself that any ~t'ron or nals unless the situation in any authority exercising the powers given particular part of the country :5 such under this Bill would exercb,., the that it is absolutely impossiblE' to utmost restraint and exercisp only function through the ordinary courts such powers and authority as are and that speedy disposal of justice absolutely necessary for th" purposes requires that there must be sperial mentioned in the BilL tribunals. If that is the circumstances under which special tribunals would ( As I said in the beginning. the start functioning, then it would rather -question is not one of poer~. Powers, frustrate that purpose if in every case there must be, to meet ti~ emergency there is a revision application pend- -and to mobilise the entire resources ing in High Courts taking mCVlths and >of th nation in men, mat!'rial and months. I have given that matter a ,.every other way. The question is that good deal of thought, and I personally 3419 Defence AGRAHAYANA 1;, IBM (SAKA) of India Bill

!feel that there are two remedies open give leave for appeal. In any case, as even if there is no revision &ranted. I said, if cases happen like t:'Bt in :: I can assure the House that if at all in fairly large numbers Government will :future--let us hope that these special certainly then think about the matter ;tribunals would not be brought mto and see that no injustice is done in the !force, the conditions would not deterio- functioning of these special tribunals. rate so much in any part of the coun- try that special tribunais would have Shri Nambiar: What about providing to be set up.-a situation does arise adv:<.ory boards for those detenus? that special tribunals a'~ to be set When advisory boards are allowed up, if there are any cases ot manifest under the Preventive Detention Act, errors or manifest cases of injustice what is the difficulty here? brought to the notice of the Govern- ment, not only executive di3pen~ation Shri A. 1[. Sen: That is ior reace would be available but we would see time. Let the hon. Member not forget then what other expeditious remetiies that the enemy was very near our we might devise for the purpose of plains. They had come over 150 miles correcting those errors. As it is, we inside our territory and were almost have taken the precaution of setting on the Brahmaputra. In such a case, up R tribunal of three memben, not to say that all anti-social persons ot one. Under the Defence of India should be taken to advisory boards is Act there used to be only one judge. ignoring the reality. It is impossible We have deliberately put three judges to function with advisory boards in 50 that there is not that chance of tit'~ of war, in times of emeigency. errors or, if I may say so, etroneous When peace returns Government will verdict which would normally happen again fall back to the normal machi- if there was only onc judge. We have nery of advisory boards. Hon. Mem- put three judges and it v\'ill be the bers themselves would realise hoW im- verdict of the majority which would possible 1{ would be in timcs of be the verdict of the special tribunal. emergency, when the enemy is knock- For severe cases we have provided ing at the door, to have adi~or for appeal. If for every lIlinor case boards. The district magistrates, the we provide for a revision--as you authorities concerned hav.! to act on know for every application 8 rule will the spot, arrest persong sabotaging or be issued and the matter kept pending carrying on propaganda undermining -the very purpose will be frustrated. the morale of the people. So many For speedy justice, speedy enforce- ~n happen. We did give this ment of our national measures, our matter a great deal of thought. It is emergency measures We set up these impossible to apply peace time tribunals because it becomes absolute- measures for meeting ~illr time condi- ly necessary and ordinary courts llons. become out of place. That being so, it will be raLher frustrating that very Is there anything else that I may be purpose if we allow an interference by able to clarify! high court in every case. But as I said, there are two remedies open. \Firstly, there is executive dlspensa- . Mr. Speaker: That caD be done 'tion. Secondly, In extreme cases leave wlaen the clauses are taken up. to appeal can be granted under article 136 of the Constitution by the Supreme Shrt S, M. Banerjee: There are 80 Court. That Jurisdiction of the many amendments that have been Supreme Court will always remain, so tabled. I would like to know !rom that if there are really cases where the hon. Minister-later on he rna,. there Bre manifest ,",ors of law or reply to the debate on the clau.ea-- ezerclse of jurisdiction, I have no whether he Is willing to acept ar.,. at c!oubt that the Supreme Court will those amendments! 2234 (Ai) LS--4. '. , 3421 Defencr NOVKMB»:R 26, 11162 ofIndillBm

Shrl A. K. Sen: No. We have Cla_ Z- e~ttitill tabled amendments on behalf of the Mr. S~aer Are ~ere any amend- Government. ments to Clause 21' Mr. Speaker: He is talking of the Shrl Datar: I beg to move: others. (i) Page 3, lines 6 to 8,- Shri A. K. Sen: Those amendments have been tabled after consulting the omit "or administered by, or for Informal Consultative Committee. the time being in the occupatiOD of," (101). Shri Daji: Many things which were accepted and conceded in the Infor- (ii) Page 3,- llIal Consultstive Committee, I am after line 15. insert- sorry to say, haTe not found a place here; "(ee) "occupied territory" means any territory of India Shri A. K. Sen: I was not present which is for the time being in the in the Committee. Shri Datar will be occupation of a country refefled able to deal with them better. to in sub-clause (i) or a country referred to in sub-clause (iii) of Shri Datar: A number of them have clause (c) of this section;" (102) been accepted. . Shrl Bari Vlslua1l Kamath: Sir, I 8hri Narasimha Reddy (Rajampet): beg to move: Under clause 14 the Government haa taken power to transfer ...... ". Page 2, line 35,- Mr. Speaker: That will come when fOT "country" substitute "State" we take up clause by dause. (137).

Shri Narasimha Reddy: Because the Mr. Speaker: I would request one hon. Minister asked us for ·further thing here Because we have had 10 points for clarification, I wanted to long a discussion so far as the con- put this question. sideration 'was concerned, Members would now· at this stage only make Mr. Speaker: That can be put when out their points and they would not we come to that clause: I shall now repeat the whole arguments because put the motion· to the vote of the most of what they wanted to say has House. already been said.

Mr. Speaker: The question is: Shri Bari Vishn1l Kamath: My amendment says that for the word "That the Bill to provide for "country" in the definition of "enemy'" special . measures to ensure the the word "atate" may be substituted. public safety and interest, the Sir, the basis of the amendment goee defence of India an~iil defence bacft to the Defence of India Act of and for the trial of certain offences 1939 of which I have a copy with me and for matters connected there- here. There it was defined as ''persoa with be tilken into· consideration." or State at war with India etc. etc.". Apart from that, I think it is mont Th!l 'ti~ was adopted. appropriate to substitute the .wor4 "country" by "State" because, as the Mr. S~~er; The House will now Prime Minister himself has stated m take up the Bill clause by cll!use. this HOUle the other day in his repbr AGRAHAYANA D, IBM (SAKA) ofltldl4 BiU 3423 Defence to the debate, the Government and Mr. Speaker: The question ill: Dot the people should be looked upon Page 3, lines 6 to B,- .1 being at war with another country. We have no Cluarrel with the people omit "or administered by, or for of China; it is the Government of the time being in the occupation of," China which has declared war, or (101). which is conducting, or carrying on Page 3,- war against our country. So, in the fitness of things, I think we should' after line 15. imert- use the word "State" and not "country". "(ee) "occupied territory" means any territory of India Mr. Speaker: Does Government which is for the time being in the want to say anything on this amend- occupation of a country referred ment? to in sub-clause (i) or a country referred to in sub-clause (Iii), of Sbri Datar: So far as the word clause (c) of this .ection;" (102) "country" is concerned, it is a word which is generally accepted, So tar The motion was adopted. as .he word "State" is concerned, it has got certain legal significance, So, Mr. Speaker: Have I to put the the better word would be "country", amendment of Shri Kamath to the and that is the reason why we have voteT UIed that word. Sbri RarI VlsJmu Kamath: Yes. Sbrl S. M. Banerjee: What are the reasons? Hr. Speaker: The question Is:

Sbrl Barl Vishnu Kamath: Could it Page 2, line 35,- not be explained further? for "country" substitute "State" Sbrl Datar: So far as the Govern- (137) ment amendments are cOncerned .... The motion was negatived. Mr. Speaker: The hon. Member Mr. Speaker: The question is: wants a clarification of the legal implications of using the word "State". "That clause 2, as amended, .tand part of the Bill." Sbri Datar: Here the word "country" has been used in its general and Th.e motion was adopted. popular sense. We have used the term "any person or country", If we Clause 2 as amended, was added to use the word "State", it is likely to the Bill limit its application. ClallSe S- (Power to make rules). Mr. ,Speaker: What about Govern- ment amendments? Sbrl Harl Vishnu Kamatb: It II the most important clause, Sbri Datar: So far as the Govern- Mr. Speaker: So, I would request ment amendments are concerned, they them to move one after another. After mainly deal with the definitiOn of what the Law Minister has stated, "enemy territory". The words that probably the number of amendments we have used were rather equivocal. that are to be moved should be limited, The POrtion of our country which is and not so large as it is, DOW in possession of China ought not to be called "enemy territory". It has Sbrl Barl Vishnu Kamatb: We are JIOw been caUed "occupied territory". still hoping to persuade him. 3425 Defence NOVEMBER 26, 1962 of India Bill 3426

Sbri Nambiar: My amendment No. is 69. order. the efficient conduct of military operations or the main- Sbrl Barl Vishnu Itamath: Mine tenance of supplies and serviees are 138, 139, 140 .... essential to the life of the com- munity; Shri Datar: So far as clause 3 ill concerned. it has got many sub- (b) demanding security from clauses. So. will it not .be better if any press used for the purpose of we proceed in terms of sub-clauses? printing or publishing. and for- feiting the copies of, any news- Mr. Speaker: That would be more paper. news-sheet. book or other convenient. I suppose. document containing any of the matters referred to in sub-clause Any amendment to sub-clause (1) of (a); clause (3)? (c) forfeiture of such security Sbrl Datar: Yes. amendment No. 12. and the circumstances in which and the authority by whom such Mr. Speaker: I find that is not being forfeiture may be ordered; moved. In the same way. I find that amendment No. 39 to sub-clause (2) (d) closing down any press 'or is also not being moved. Then we any premises used for the purpose have to take up sl!b-clause (3). of printing or publishing any newspaper. news-sheet. book or Shri Datar: We are accepting other document containing any of Amendment No. 138 by Shri Kamath. the matters referred to in 8ub- as it is a formal one. Then I will clause (a) in spite of the forfei- move Government Amendment No. ture of such security." (105) 103. Page 4. line 20.- Shri Harl Vishnu Kamath: beg to move: alte'/' "enemy territory". inllert-- "or occupied territory". (103) (I) I"age 4. line 7.-

Government are accepting NO.4!. after "entering" insert ..... (138) 1 beg to move: (ti) That in the amendment pro- Page 4. line 24.- posed by Shri B. N. Oatar. printed omit "false". (104). as No. 105 in List No. 5 of Amend- ments. 8hri Bari Vishna Kamath: I beg to ill the proposed clause 7 (a). afteT' move: "document" insert ''the mak- ing of any picture. photograph, Page '" line 24.- or cinematograph film" (140) lifter "purpose" bum U II (lU) , Sbrl Datar: We are prepared to 8hr1 Datar: I beg to move: aecept amendment No. 43. Page", tor lines 31 to 31, IUbitltut6- Mr. Speaker: But that has not beeD moved. "(7) (a) prohibltin, the print- Ing or poollshlng of any newa- Sbr1 Nambiar: I will move it. ~er news-sheet, book or other document mntalnlng matters pre- Mr. Speaker: Sinee it has not been judicial to the defence of India moved by the Member coneerned, and elvU detenee, the publle Government should move it them- 1Ufet)', the meiDtenanee of publle .elvea. Defence AGRAHAYANA 5, 1884 (SAKA) of India Bill

Shri Datar: I beg to move: Shri Hari VlshDu Kamath: Sir, I beg to move:- (i) Page 6, line 11,- Page 6,- for "as the case may be", substitute afteT line 26, insert- "(the authority empowered to detain not being lower in rank "Provided that every person than that of a District Magis- against whom action is taken trate)" (l0(1) under this clause shall be served with the grounds for such action, (ii) Page 6, line 24,- as soon as may be after such omit "and" (107) action is taken. Provided further that every such (iii) Page 6, ajteT line 26, insert- person shall be permitted to make a represen ta tion in respect of the "(iv) the review of orders of aforesaid grounds, and against detention passed in pursuance of such action, to an Advisory Board apy rule made under sub-clause consisting of a High Court Judge, (i)." (108) whose advice shall normally be Government are accepting No. 49 acted upon by Government." (141) also.

Shri Namblar: I beg to move: Shri Datar: Sir, I beg to move:

Page 6, after line 22, insert- Page 7,-- afteT line 16, inscTt- "Provided that the grounds for detention together with represen- "(24A) the taking over by the tations of the persons so detained Central Government or the State shall .be reviewed by a Board as Government, for a limited period, is provided under the Preventive of the management of any pro- Detention Act, 1950." (69) perty (including any undertaking) relating to supplies and services Shri DajI (Indore): Sir, I beg to essential to the life of the com- move: munity;" (109)

Page 6,- Shri Kash1 Ram Gapta (Alwar): Sir, I beg to move: afteT line 26, add-- Page 7,- "Provided that a person against whom action is taken under clause tor lines 17 to 20, substitute- 15, shall be given a reasonable opportunity to represent against "(25) the control of agricul- the orders passed. Such a repre- tural produce markets, supply of sentation shall .be placed before foodgrains, and other essential an Advisory Board consisting of agricultural prodtlcts;" (18) a High Court Judge and two other members qualified to be appointed Shri ·Narasimha Reddy: Sir, I be. as a Judge of the High to move' Court under clause 2 of article 217 of the Constitution. The (i) Page 7, line 17,- action taken shall be subject to the opinion of the Advisory fOT "control" substitute "intensi- Board." (46) fication" (l) De/mee NOVEMBER 26, 1982 of Indi4Bi!l 3S30

[Shri Narasimha Reddy]. Sbri Bari VJsIulIl Kamatla: Sir, I (ii) Pa,e 7, lines 17 and 18,- beg to mo'!.e:-

omit "(including the cultivation (i) That in the amendment proposed of agricul tural land and cr'Opll by Shri B. N. Datar, printed as No. III to be raised therein)" (2) in List No.5 of Amendments,- (ill) Page 7,- in the proposed new clause (3SB) after "hoarding" insert '"pr0- after line 20, insert- fiteering". (142) "Provided that this shall not empower the Government to (ii) That in the amendment lire- introduce co-operative fanning In posed by Shri B. N. Datar, printed aa a. compulsory manner." (3) No. 111 in List No. 5 of Amend- ments,- Slut Datu: Sir, I be, to move: in the proposed new clause (MB), Pa,e 7,- lifter "any goods" insert "including foodstu1fs 'and omit lines 35 and 36. (110) drugs". l~

8bri Kaahl Bam Gupta: Sir, I be, Sbri Kasb.l Bam Gupta: Sir, I to move:- beg to move:-

Page B, line 9,- Page 8,-

omit "bank notes, currency notes, omit lines 38 and 37. (25). securities". (23) Sbri Prakasll Vir Shastri: Sir, I beg to move: Sbri Dat&r: Sir, I beg to move: Page 9,- Page 6,- after line 32, insert- qtter line 16, insert- "including military training or "(35A) the prevention of any practice in the use of fire arms." corrupt practice or abuse of autho- (70) rity or other malalide action in relation to the production, storage, Sbri DaJI: Sir, I beg to move: purchase, sale, supply or trans- Page 10,- port of goods for any purpose connected with the defence of after line B, add- I~.dia and civil defence, the effi- cient conduct of military opera.- "Provided that before such aD tions or the maintenance of ~ eviction, reasonable notice shall plies and services -essential to the be given to the occupants thereof life of the eommunity; for vacating the premises." (55)

(35B) the prevention of hoard- Sbri KashI Ram Gupta: Sir, I be, ing, blackmarketing, or adultera- to move:- tion of, or any other unfair practices in relation to, any goods Page 10,- procured by or Bupplied to the after line 8, add- Government or notified by or under the rules as essential to "(56) taking of necessary .tep. lile life of the community;" (111) to root out corruption." (28) o/India BiU 34~1 AGRAHAYANA S, IBM (SAKA) 3432

Sui S .•. BaaerJee: Sir, I beg to Shri Kamath: He should be al brief move:- a8 possible. Page 10,- Bhrt Barl Vislulu Kamath: Sir, considering the imporance of the after line 8, add- clause and the time at our dispoai, "( 56) taking of el!ective ltePi I shall tailor my observations to the to root out corruption." (27) time at my disposal accordingly. Shrt Prakallh Vir Sbaatrl: Sir. I beg to move:- The Brst two amendments standing in my name, that is, Nos. 138 and 1311 Page 10,- are purely punctuational amendment. and I leave them to the hon. M.nister .aiter line 11, insert- and his draftsman. I think, hc should "(ia) provide for the arrest have no objection' to inserting the without trial of Jlt!.rson belonging comma which I suggest because it will to or known or suspected to be make the meaning of the clause belonging to the class as declared clearer. in clause (4)( a) of sub-section (20);" (71) I shall come now to amendments NOli. 140, 141. 142 and 143. I shall Shrt H. C. 80y: Sir, I be, to move: take up, by YOUr leave, amendment Page 10,- No. 140 last because that is the most important of the tour amendment. after line 17, add- that I have suggested. By amend- "Provided that profiteering in ment No. 141 I wish to include in tbie the supply or sale' ot foodgrain. sub-clause ...... and other goods and services essential to the life of the com- Shrt Datar: May I point out to munity shall be punisha.ble with Shri Kamath that we are accepting rigorous imprisonment upto seven amendment No. 142 about prfit~erin. years besides fine or ·both." (29) Shri Barl Vishnu Kamath: I am Shri S. M. Banerjee: Sir, I beg to glad that the Governmeg,t has become move:- awake to this danger of pr'lflteering. Page 11,- I am happy that my hon. friend, the Minister, is determined to root out after line 10, add- profiteering. Therefore, I shall leave "provided there is a concrete it at that; I will not speak on tha1 u evidence with the officer or officer. they are accepting it. concerned tor taking action under this sub-section. Such evidence The first of the other amendments :shall be made available to the is with regard to the making of any party under prosecution for con- picture, photograph Or cinematograph lultation, if so desired." (31) film.

Mr. Speaker: All these amendments Shrl Datu: It is covered by some- 'are now before the House. thing else. Shri S. N. Chaturvedl (Firozabad): Sir, I gave notice of an amendment Shrl Oarl Vishnu Kamath: It i,I not this morning. I do not know w!u·ther covered specifically. Perhaps tile Gov- it has been accepted or not. ernment want to bring it under the Rules. But being an important matter Mr. Speaker: I am not gain, to it should find a place here. In a lIccept those that' were given this modem State, as is well known, the morning. press, the radio and the cinema are the 3433 Defence NOVEMBER 26, 1962 of India BU' 3434

[Shri Hari Vishnu Kamath]. three great mass media of communi- Fuel was good enough to give a . little cation. There is the reference to the coniribution same time ago--the matter press in this sub-clause of clause 3 came up -here. The other day, in the but there is no reference as !uch, latest issue. express or ·explicit, for making of films, photographs and pictul't's. I Shri Traci: He neve:r gave any want to strengthen the hands of the contribution. Government in this matter. It is not Shrl Hari Vishnu Kamath: The that I want to weaken their hands but public undertaking; Oil India Ltd. I want to strengthen their hands further. Shri Tract: No. Mr. Speaker: Government also feels inclined to cover them. The Shri Hari VilIhD1I Kamatl'l: Noll only reaction that came was that it contribution; assisted. was covered. Shri Tyagi: It was advance rent Shri Bari Vishnu Kamatb: I d;) not paid. know if it is covered. I will be happy if he points out whero:! it is Sbri Hari Vishnu KamaLh: It was covered and by which ;JOIrticular pro- assisted. This magazine, after the- vision. former Defence Minster's resignation, wrote an article which is rather :nsidi- I would only, in passing, lllak" a ous in its effect. The article compared reference to the provision :n this ''-:' ex-Defence Minister Shri Menon clause with regard to the control over tf) Jesus Christ,-in the inset, the the press and the pl'o\'i.;on Witil reference was to Jesus and apparent- regard to the press. These ea~re ly, the Prime Minister to Pilate, and: are t .. ken by all Governments in war- the rest of the Congress party and all time in all countries but I 'hope that other parties to the Jewish rabble who, the Government will use them with demanded that Christ be crucified. great circumspection. th'lt i~ these powers with regard t'.J Ih" )Jress, Sbri S. M. Banerjee: Who was because what is needed in war-time. Judas? more 60 than in peace-time, is a good press, a strong press and a pre~ which keeps the people well informed about Shri Hari VishDII Kamat.h: It was- war measures and the needs of the not mentioned. war situation. The Government, therefore, will do well to exercise this 'The head and front of this offence' power with great caution. But, at the under the Defence of Il'Idia Rules must same time, the Government must be be obvious to the GovernmePlt. He on its guard against some journals was compelled to resigll and the and periodicals which carryon propa- Prime Minister bowed to public, ganda insidiouslY, may not be openly. democratic pressure and he went out. I hope the Government will keep an The Prime Minister accepted hill· eye on those journals which, in ~pite resignation. After that, to make this of the war emergency and Defence of sort of comparison, it compared him India Ordinance, are still indulging in to Jesus Chris and the Prime Minillter some writings which are, to my mind, to Pilate who said, 1 wish eft my objectionable. hands of the blood of the innocent man, insinuating that the eff~e There is a weIl known weekly Minister was innocent and ~e PrIme. magazine-I won't mention the name- Minister had only succumbed to the 10 which the Minister for Oil anti rabbI!". Just as the Jewish rabble- 3135 DeJence AGRAHAYANA 5, 18S. (SAKA) of India Bill

deman.ed the head of Christ, the on that subject I might mention that rabble demanded the head of the it would appear that there is a person Defence Minister! That is the lnlpli- with a delightful voice who reads all cation ot the article. the anti-Indian broadcasts from Peking Radio and that person IS a A ~iilar article was published by a young Indian woman. If that is so, Bombay weekly about 3 weeks ago. the Government must try to find out I do not want to mention names here. trom their Embassy-they have still- It published an article finding fault. got an Embassy there-who this young with our Generals and the jilwans, Indiau woman is. It appears that the brave jawans who have 3hed their jawans at the front who listened in- blood and become martyrs ior the accidentally to these Peking broad- motherland and exonerating ~oplete casts, have described that Indian as ly the Detence Minister who, it says, the "yellow peril', because she puts it has served the country well. It is so nicely. Therefore it is all the more only the jawans and Genel'als who necessary that the Government should: have betrayed the country. This sort do something to counteract the propa- Of thing, apart from the objectionable- ganda and jam the broadcasts If they ness of the matter, is likely to spread cannot do anything else. If they panic among the people. Suo moto, cannot stop our Indian national there per se, the Minister should have taken in Pf'king from participating in anti- action against that. A demand was national propaganda and being a voiced in a big public meeting, the stooge of the enemy, at least they' biggest I have seen on Chaupaty in must jam these Peking broadcasts. recent times, over which the present Defence Minister presided, and all parties urged that such II paper ~old Lastly, I will came to my amen8- be proceeded agllinst immediately ment which I consider as most im- before it does further harm to the portant, amendment No. 141. They country. I, therefore ask the Gov- have accepted amendment No. 142. ernmtont that when they take action That 1& all right. Amendment No. 143 under this measure, they ihould keep they should accept, I do not know why an eYe on these journals and pCl',',di- they are not accepting. cals which carry on propaganda insi- diously against the Governml'nt and Mr. Speaker: He will tell in his against the war eIYart, and weaken the turn why he does not accept. morale of the people. That Is more important than some other action they 16 hrs. might take. .

I would make a brief reference to Shri Kari Visbaa Kamath: I sought the Radio here, which In India is a to make it more comprehensive. I monopoly ot the Government. There sOught to include foodstuf1's and drugs. is no need to bring in any particular Foodstuffs and drugs are important, provision with regard to the Radio more important in war time than in- because, in India, it is a monopoly un- peace time. They should accept it like in England and America. I have unless there is same valid reason heard on reliable authority that against it. I do not want to press Peking Radio broadcasts in Hindi at that matter further. I will now came stated hours virulent anti-Indian to amendment No. 141. This sub- propaganda. The All India Radio has clause seeks to empower the GOvern- not made any arrangement to jam ment with very wide powers to these broadcasts. It is high ftime that apprehend, arrest and detain tor the All India Radio woke up to th1& vauous suspected crimes, for prejudi- menace and did o~in to jam cial activity. Here, if this is adopted, theSe dangerous, these menacing -I have no doubt, it will be adopted.. br03dcasts from Peking. While I am -the Government will become almost :3437 Defence NOVEMBER 2', 1982 of Indi4BiZl 3438 [Shri Hari Vishnu Kamath]. Mr. Speaker: It has already been referred to in this House. omnipotent. As has been well said by Dicey in his book on Constitutional Sbri Barl Vi8hnu Kamath: I will law, it will be almost like what is not refer to it again. If Mlat trend- .aaid of British Parliament that it can it is only a trend today-is not curb- :make anything except making a man ed, I am afraid that trend may pre- ;a woman and a woman a man. It vail in the ruling party and criticism :this DefeJlA:e of India Bill is passed, in of the Prime Minister will be regard- war time, the Government will be ed as a dangerous anti-national acti- .able to do anything perhaps exceptinc vity. Certainly, we have liven our "that. Therefore, it is wholly necessary co-operation to the Prime Minister. as has been well urged by my hon. AI) parties have given their co-opera- colleagues here in the course of their tion, have pr<1lIlised their co-opera- :speeches that this poyer should be tiOn and are giving it in tull measure. is c0- ~eried with the greatest circums- But it not an unconditional pection and restraint. Therefore, 1 operation; it is not hundred per cen, 'have moved the amendment. Look at co-operation, for, after all, he is not infallible, •.. the wording of the sub-clause, how wide and comprehensive this clause Sbri C. JL Bhattacbaryya (Raiganj): is. Anything is liable to action, prac- That circular issued by the Congress tically anything that you might do or executive applies only. to Congress- miiht not do, because public safety, men, How is my hon. friend Shri public interest and public order, all Kamath affected by it? It does nOlO these things are there. There are apply to him at all, several other things. Public saiety, 'Public interest and public order-all If I might read out that circular. the three are there. Anything can be covered by anyone of these, Hr. Speaker: He need not read it OUt now,

Apart from so many other thinp Shri B&ri Vishnu Kamath: I think which this clause contains, there is a that my hon, friend Shri C, K. Bhatta- dangerous tendency which the Gov- charyya has ,not read it very carefully. ernment will do well to curb, a ten- dency among a section of the party Shri Barish Chandra Mathur: We which has made the Government, the have not read it at all because it has party to which the Treasury benches not come. belong, a very dangerous tendency to a~ even criticism an anti-war, pre-. 8hri Barl Vishnu Kamath: I have judicial activity, The circular which got a copy of it today by post. So, I has gone forth from the office of the do not know how han. friend says he ruling party here is a notorious cir- has not read it. cular. I hope it has been withdrawn already, If it has not been withdrawn, Shri Tyagl: It is an intellnal matter. I hope the Government will take the A particular member of the party first opportunity to withdraw the cir- writes a circular to his party mem- cular and take to task the person, the bers. That is all. It is not a Congress over-zealous, over-enthusiastic per- policy or anything of that sort. SOn in their party ranks who was res- Shrl narl Vishnu Kamath: The Gov- -ponsible for issuing that circular. ernment belong to that party which has issued this circular, Therefore, SIu1 Tyari: Which circular? the possibility ca.nnot be ruled out. The Government belong to that party Shrl Barl Vishnu Kamath: I have and a mt"IIlber- of that party or a~ .ot a copy of that. office-bearer of that party has issued 3439 De/ence AGRAHAYANA 5, 111M (SAKA) ollndi4 Bill

a circular dubbing those as traltol'll want to do it ma:Jiciously. I am glad who dare to criticise the Prime Mini&- that in this matter all my colleagues tv. • in the Congress Party also, or at least some of them, have taken coura,e The Prime Mini.!lter hu Jot ,reat in both hands, and in the matter of qualities of head and heart which we the removal of the former Defence bave all admired aU tll_ yearll. But, Minister they did play a ~ im- unfortunately, he 'has also had a portant role. I hope that in spite of weakness, and that is bad judSment that circular that has been issued, and Of men and events. Right from the in spite of the recent thres ts issued days of Sheikh Abdullah to Shri by their party office, those Members Krishlla Menon, it has befUl a lon, of the Congress party or the ruling record of wrong judgment. But he hllll party will continue to play aD _ other qualities which We admire. Important role in the coming years, because the Govermnet must be put on Its mettle, and Government must Shrl TJal'i: That comet! under the be put UDder control eVeD in 'WIlT- Defence of India Rules. time.

SIIrI Barl VlsIm.u Kamth: Other ftne Shri TJBII: Since my hon. friend qualities he has got, and we admire har rderred to our partl", mal" I say them, and that is why we have pledg. this? ed our support to him. But, Idter aU, he is not infallible, and, therefore, SIIrI Barl Vlshna Ka_th: I have whenever he make. a mistake, it i.!I not mentioned any names. OUr duty. Shri TJacl: I might tell him and Mr. Speaker: The hon. Member Is also you, Sir, and the House that travelling from Kashmir to Kerala. aUf party is absolutely free to dis· cuss. We love our leader, and we have absolute- faith in him, and-there. Shri Barl Vishn. Ka.ath: We are fore, we also discuss with him. What all in Delhi now. Am I not really is there after all? It is a question of and fully integrated, because I haTe expressing our views freely; it is not travelled rig'ht from Kashmir w a question at expressing any want Kerala, or right from Kashmir to of confidence Or anything of that sort; Kanya Kumari? And that is real we are free a~e with him. India. to 8hr1 Barl VIshIlu Kamath: My hon. Mr. Speaker: The kon. Member has friend has reinforced my argument. ,one the whole distance. Mr. Speaker: Since his ar~nt has been reinforced, the hon. Member Shri Barl Vishnu Kamath: I haw may now move on to the next point. learnt this about integration Ilnd na. tional unity, at your feet, it I may Shrl Bari VlsImu Itamath: J am glad say so. that my hon. triend has helped me to move on, and So haVe you, Sir. Mr. Speaker: I do not deserve BO much. My next amendment is in regard t6V persons who are detained without trial. Shrl Bar! VlshDu Kamath: There- Government should ensure that the tore, we deem it our duty in the pub- grounds of detention are served to the lic interest and in the national inter- detenus, as SOOn as may be. af!er est to criticise the Prime Minister they are arrested and detained. The If he does in fact make a mistake detenu must be given a chance or an in the conduct of the war. It is not opportunity of .making a repr~enta that we are deliberately at it, or we tion to a tribunal or an advisory board Defence NOVEMBER 26, 1962 of India Bm

[Shri Hari Vishnu Kamath]. or advisory body consisting of a High step in tllat right direction. I hope Court judge, a single-member advI- Government and the House will accept. sory body or board, and the opimon it. ' of the High Court Judge should be nOmlally accepted by Government. ./ Shri Naabiar: My amendment is May I add i,i support of this No. 69 which more or less constitutes amendment that I have moved that the same amendment to clause 3(15) during the Second World War,-Most which Shri Kamath has just now of my coUeaeues here were in deten- explained. My amendment says: tion durin'e the period; at any rate, I shall narrate my own personal expe- "Provided that the grounds for rience because I do not know what detention, together with represen- happened to others; but I presume a tations of the persons so detained similar thine must have happened to shall be reviewed by a Board as others as well-every six months the is provided under the Preventive detention order was renewed, and Detention Act, 1950". formally, every six months, the crounds were also served. The Founds I heard the speech of the Law Minister of detention were served upon us, who said that under normal condi-' and we were asked whether we want- tions we could allow those advisory ed to make any representation. I do boards, appeals and review, but under' not know to whom the thing was for- emergency conditions we could not de. warded. The order used to come that. I submit even under an emer- finally that that representation had gency when you have detained per- been rejected by Government, sons in large numbers in various dis- tricts and detention orders are being I would, therefore, urge in the issued by the officers concerned on interest5 of ,peace, and in the interests certain complaints or certain suspicion, of fairplay and in the interests of there must be something on record to parliamentary democracy, that this show that a particular person is to be should be done now too. The other detained on that particular suspicion day, the Prime Minister rightly said or complaint. That can be put in that it was necessary in war-time, the form of a report and whatever and it was more so in war-time that representation that particular indivi- parliamentary inEtitutions should dual has to submit may be taken flourish and prosper and must be -together and somebody above the strengthened. Therefore, we must see person who issued the order could. to it that when we execute the law review the case. This is a routine or implement the law, parliamentary work which can be done even in institutions and parliamentary tradi- emergencies. tions do not go under and authorita- rianism d0711 not come up to the I will cite a concrete case of misuse surface. '-' of powers. The ofticers have already started doing it. Here is a teleF8III, I would therefore plead with Gov- a copy of which has been addressed ernment and with my hon. colleagues to you, from an hon. Member of this on both sides of the House that they House, Shri Umanath from jail. He accept my amendment so as to ensure wires: that even in the matter of persoIUII detained without trial, t~ will have "Self remanded preventive cus- a sense of having been treated fairly J tody Tiruchirapalli Central Jail. and justly in so far as the circum- Pray cause production before you stances of war permit Government to to enable me participate Lok do so. The amendment I have SUI- r Sabha proceedings till December- ~ted is, in my judgment, only ...; 11th". Defence AGRAHAYANA 5, 1884 (SAKA) 3443 of India Bill 3444 This hon. Member was here along Therefore, I submit that there must with all of us who stood up at your be a remedy. It may be that a parti_ request in support of the Resolution cular officer might have committed lID on Chinese aggression. He took part error. But if there are not one or two in the debate here and had gone back but hundreds of such cases, it is like- to his house and was about to come ly that there may be a miscarriage of back here again. He was suddenly justice. tAll we are asking is that pro- detained. What justification can there vision may be made so that justice is be for it? Was he acting against the meted out. I do not say that we should defence of India? What act has been discard national defence or the safety committed by him to justify this of the country. I would be the last detention except the fact that he is a person to say so. At the same time, member of the Communist Party, he when there is an opportunity for you has a long record as a trade union to make that provision, why not do it? ~ leader and, that he had been detained After all, Tiruchirapalli C1l' Madras is previously? But that does not mean not on the firing line. There is no that he is acting against the defence objection to review by a higher of India. Today when the Chinese authority. That is what I put to the aggression is there, there cannot be hon. Law Minister. He said that it is any reason for such detentian. I am an emergency. The purpose of my giving you a concrete case. amendment is only to see that provi- sion is made for review by a higher This is the way ofHcers are behav- authority to avoid miscarriage of ing. Suppose he is not given any justice. detention grounds giving reasons and he is not to make any representation Another point is this. The Law and there is to be no advisory board Minister has said that the utmost cau- or any body to go into that matter, he ~on will be exercised in dealin& with will have to be in jail for any length persons under this law. I brought 01 time which the Government likes. before you a specific case where no caution hail been exercised according Dr. M. S. Aney (Nagpur): So far as to the understanding of the Minister. that particular thing is concerned, it The ofHcers conoerned did not exer- must have been done under the Pre- cise that caution. My point is that ventive Detention Act. Then the they are not doing it. Therefore, it is advisory board and other things will all the more necessary that Govern- be there to look into it. He must have ment should see that their officers do..! been served with notice. not misbehave. For instance, the Law Minister was referring to the speech at Shri H. N. Mukerjee and saying 8hri Nambiar: What he has said that he criticised the bureaucracy. If in his telegram is that he is taken into such action a" I have mentioned ill preventive custody and put in jail. If not bureaucratic. what else is thatT it was done under the Preventive What else could be the reason for Detention Act. those procedures may arre

[8hrl Nambiar]. CongrellS candidate in the election. If and I want to light the enemy and free this occasion is to be used tor this my land of the aggressor. But if you· purpose, what shall I say? When we will not allow me to do that but want are together, when the whole nation to put me in Veil ore Central Jail. is together fighting an aggressor, is it thereby thinking that the defence of not our responsibility to see that all ot the country will becme pucca, I am us stand together as one man. Are we prepared to go to jail. Let you· be to settle old accoWlts now? Is it oiitside to defend the courrtry. I have proper to say, 'Once upon a time, you no objection. ~ an hon. Member were a communist. You have oppoe- there said that some must be inside ed Government. So I presume that jail as a contribution to the defence being a communist, you are likely to of the country, if that is the purpose do it again. Therefore, go to Vellon! for which this Bill is brought, if that Central Jail for two or five years'. b the spirit with which the enemy is being fought, we are ready to contri- Under the Preventive Detention bute to the common defence by going Act, there is a limit of one year. ~ to jail, if that is the wish of Parlia- 8hri Kamath has said, here there. is ment, I have nothing more to adcl I no limit. He can be kept in detention tor any length of time. Therefore, Shri Narasimha Reddy: Sir, I have this is a manifestly Wliust provision. moved amendments Nos. 1, 2 and • Things which can be done must be Sub-clause (25) on page 7 says: done. There is no difficulty in doin, V ''the control of agriculture (in- them in Tiruchirapalli or Madras or cluding the cultivation of agricul- any other place. is not like Tezpur It tural land and crops to be raised where ~oe officer has run away. therein) for the purpose of in- There is no question of running away creasing the production and supply in the case of Tiruchirapalli or Madras of foodgrains and other essential as a result of which review is impos- agricultural products." sible. Therefore, this is a practical suggestion which I make to the hon. By my first amendment I want to ini~ter S? that . Wlneces«ary heart- substitute the word 'intensification' burnmg . IS aVOided. When Shri for the word 'control'. Umanath or myself or any other col- ~ league of or~ i~ arrested, there are~' v lakhs and lakhs of peopl beh' d (' My second amendment seeks to omit who have sent us to this eparli~'e the w?rds 'including the cultivation- You are unnecessarily creating a pre- Of. agncultura; land an.d crops to be judice in the mind ~f the electorate. raised therem. My thl.rd a,:?endT?ent That i, the only remIt of this action. seeks ~o make a provIso: ProVided Otherwi.e, I can see no point in this that thiS shall .not empower the Gov- action because we are alI together ern~ent . to mtroduce co-opera:ive fhrhtine; l'l common enemy. The Union farmmg m a. compulsory manner. I to wh:ch I bp.long has contributed ha,ve done thiS because I was led to lakhs and lakhs of ruppes to the war t~ that t~e Governmen.t was in~ent effort. Do vou want to !H'e that J on tro~. co-operatIve farmmg. should be punishpd for that. for help- If t~ ~lter IS pleased .to assure UII ing the war effort? th.at It IS not the IntentIon, I will Wlthdraw that amendment. I am waiting for an answer from the Min- So I mav be permittl"-l to sav that ilter and he seems to agree with my this is moon uniu.t and unkind I ~p. reading of this cl!luse. nothing el~e to sw If tl~ Is t"" way you ~nt our !"O-"PI"ratlnn. W .. are If the purpose is to increase food' co-ooeratinl! wh.t.. ver be th.. W'IIY production, Government can as well you are treatln~ ~. T am an Tndian say 'Intensification or directlon'. The- 3447 DefetlC. AGRAHAYANA 5, IBM (SAKA) 01 India Bm word 'control' is distasteful and nau- cers of m;v district took a decision that aeating to the ryot. We have had two mans be asked voluntarily to cwti- world wars and at no period did the vate and produce more food instead Government assume control of agricul_ of rape seed grown in that area. They ture. It is an unheard of thin,. fixed a ceiling that not more than one-eighUl of the land held by a kisan Shri Narendra S~ Mahida rOBe- .hould be put under rape seed culti- vation. The result was quite other- Mr. Speaker: I will call those who wise. People became horrified that have moved amendments first; I will this IIOrt of a thing should be done by call the others afterwards. the Government. That cannot be tolerated by the kisans. When it is so, Shri Narendra Singh Mahlda: My this may become more complicated if name is listed with that at 8hr! such things are done. The revenue NarasilJ!ha Reddy. authorities, the patwaris and others are always out to exploit the kisan Shri Kashi Ram Gupta: Sir, I have under the name of one law or another. tabled a slightly different amendment When there are thousands and lakhs -No. IS-which reads as follow': and crores of people involved, such a -"the control of agricultural pro- thing is not practicable. My submis- duce markets, supply of food- sion theretore is that that -la.~e grains, and other essential agricul- should be deleted or my amendment tural products." should be accepted. Even if the clause as it is is adopted, it is not a practical proposition at all. Ift~~~~ erores of kisans are involved and ODe 11' ;r ;;it c:T ~ "0 ~ "t ~ does not understand how all at them ~ ~ ~ ~ ~ ~ ~ ~f~tr can be regulated like thi& I think if this sub-clause had been added with- f~~~~1 out seeing to the practicability of the proposition. Perhaps during the last ~ ~ 1tiT ~ ~ war the British Act put in that for \iIli' "0 their own purpose but we as a tree q. ~ ~ ~ flt; ~-fI ~ il' ;;it people should show that our man. ~ 'IiW !flIT ~ : are not horrified by these detention Acts because the punishment is hard "Instructions of members of the and there is also no appeal to go to public in civil defence and their the High Court. Another point is that equipment for purposes of civil it such a step is taken instead of defence." producing more people maY' be dia- heartened and production may go down. As my predecessor spoke, lome people tear that co-operative tarming, though not compulsory, may be pro- "including military training or pagated in this way which is already practice in the use at fire arms." a point of dispute between the durer- ent parties in the oountry and IlUch lQ';;r~~~~f.f;~~'I! things should not be introduced at this critical time. In all humility r ~~~~~~~ request that this clau'e need not be 1'f~ ItiT ~ ~!tI Q'Tt ~ inserted. Mv amendment is .imple ~ ~ if.T £lfrf !flIT ~ I and it ap'plIes to marketin« and d_ itlmIl not apply to cultivation. itflt;;r il

[11ft' Sf~~ ~lrif ~ it ~ ~ rii 1 ~ f~ ~ ;;f\1ff 'lI'I"C!; 1 ~ h ~ ~ ~'f fit; ~ tmf ~ ~ ~ fajqfMI<'I it iIT ~ ~ "fdfajNII1 ij iliT ~ If>'T l{'i>.tr ~. at ~ ;ml ~ "lit ~ I ~ ~ ~ it; ijQI:qI(q'll1 fu-t!; ilgii ~ ~ ~ ~ 1 mit ~ it ~ srm ;r;r ~ "SAil'fucr gm ~ ~ ~ ~ ~ ~ SfTt\'f ~ ~ t fiR ~ifi ~ ~ ~ ~ at iIT if1<:!rn ~ ~ ~I t: ~ m:"t ~ ~ ~ '-TT, rom it a1 ~~-'Il'fii ~ ~ra ~ ~ ;;it ~ ~~~ ~ ~ 1f 'moT ;r@' ~ ~ ~ 4"( ~ ;;I~1 ~ ~ t!!fi ~ 41if ~ >iIT flf; mT ""'" f'r<;ft ~ t: qR ~ ;:n'If ~ "'IIT(O" qR ~~~ ilim'-T ~ ~C1' ~ ~~~~~ flf; itt ~~;ff ~ 'fiT if1<:!rn ~ 'fTif ~ ~ ~ ~~ ~ifi ~~;ft qR ~ '~ ~~ ~ ifTI1 t: ~' qR ~ ~ 4"( ~ 1 ~ ~ fiIT ~ it. ~ !!iT hon. Member was not preaent, when I WII& calling hon. Members to move 'fm srm ~ ~ ifiW ~ ~ their amlllldments, However, as a .~ ~ ~1 4"( 'lit m .....m: 8I)eCiaJ cue, I llhall allow him, but this Jl.GRAHAYANA 5, 1884 (SAKA) of India Bill 3452

should not be a precedcnt. The hon. during the war-time and thereafter Member should remain present in the also has been very tragic indeed. And House when the amendments are cal- it was our experience that as a result led. I am allowing him to move only of the execution of those controls not amendment No. 19. only had the moral standards of the officers come down and corruption in Shri Ranga: I thank you very much official circles had gone up but the for this. people's own morale had. also lone down, indeed very noticeably. It is Mr. Speaker: I am allowing him to not given to me only to say that, but move only amendment No. 19. Minister after Minister both in the Shri RaRga: What procedure are we previous regime as well as in the pre- following? May we be enlightened sent regime has had to deplore the on this? Are we to consider only the fact that these things had happened amendment which we are moving, or as a result of war-time controls and are We to speak on the whole clause? the consequent corruption that had crept into public life as well as in Mr. Speaker: He can speak on Governme'lt circles. That is the clause 3 as well as all the amendments reason why it is very necessary to take ter~to which have been moved. special care'to see that those evils would not recur again and that too in Shri Ranga: I beg to move: a more int..nsified manner, because ever since this planned economy has Page 7, line 17, for 'control' substi- been inaugurated; many of these evils tute 'rcgulation'. (19). have come to be our bed-fellows, dur- ing the past 10 years. It is nothing '~- ! My hon. friend Shri ~araia new. The previous President and the . Reddy has already told thc House how Vice-President have borne testimony we look at it, that is, at this question to the fact that wherever they had or this proposal of Governmcnt to take gone in the country, they found people powers under this Bill [or the control compla-ining about increase in corrup- of agriculture and also for the control tion in official and other circles and of trade and industry. My other also a fall in the moral standards of friends from Rajasthan have also different sections of our people a~ a spoken something in regard to this result of controls, licences. permits and matter. We are certainly anxious, and all the other ways of the new raj that we have made it very clear on pre- has come to be inaugurated in this vious occasions that we are anxious to country. Under these ir~tane r co-operate with Government and help hope you would permit me to move the authorities concerned all over two other amendments . . . India to do all that is legitimate and Mr. Speaker: I cannot allow fresh necessary in order to strengthen our amendments now. He wanted to move war effort. At the same time, what- - amendment No. 19 and I have allow- ever we do should be done in such a ed that. way that we do not come in the way of the incentives that our producers Shri Kanea: It can be done even should have, whether they be agricul- by the Government without need for turists Or industrialists, to produce accepting any amendment. If and more and more and to continue to when they take action according to the have their confidence in the safety and authority that may be given to them continuation of their rights over their by items 23 and 25, I would like Gov- properties, over their holdings and ernment to take care to consult the Over their means of production. But, organisations of the concerned people unfortunately, the experience of the in the local areas as well as on an all- country during the past two wars India level. Take, for instance, the when these controls were introduced control of trade and industry. control 2234 (Ai) LS-5. 3453 Defence NOVEMBER 26, 1962 of India Bill 3454

lShri Ranga] of agriculture and so on. A number bla('k-marketeers would play i~id of organisations have already ~oe with the peasants. Ml:rchants also into existence and many more will cer- would play mischief. Black- tainly come to be organised in the markeeters and merchants will begin near future, in the light of the addi- to thrive under the blanket power tional responsibilities that will tome that Govcrnml.'nt. would be taking to be placed upon the industrialists on through these sections. It happened the one side and commercial interests in the past and it will happen once as well as agriculturists on the other. dgam. I do not want to expatiaie ovel' oern~nt should see to it that they that, because it has been within the consult the<;e organisations before they experience and knowledge of different pass any rule or regulation and also sections of our people, how they have as and when they go on enforeing had to suffer as a result of control re- these rules and regulations. Other- gime in the past. So, I sincerely hope wise, what is likt'ly to happen is a that Government will not try to intro- tremendous lot of arbitrariness will duce these controls in the hated man- creep into the administration of these ner of which we have had cxperienc:e controls and powers that GO\'ernment in the past. seeks to take under this Bill. I am surprised why it is that the My hon. friend has already said Home Minister was not prepared to there is a very strong fear prevalent give an aran~e that it is not their among the peasants that they are like ly intention to introduce cooperative to suffer very much if Government farming while this emergency conti- were to try to take advantage of this nues. Why he finds it so difficult to crisis and introduce cooperative farm- give this assurance passes my com- ing. It is also possible that some of prehension. If, however. they have it the local authorities may try to take in their mind to introd~e that alter- advantage of this opportunity. Be- native means of carrying on cultiva- fore this emergency had arisen, every- tion in our country through coopera- one knew that there was a lot of agi- tive farming I wish to warn them that tation going on all over the countrY it would not be possible for the pea- against the Government's policy of sants to cooperate with them at all. trying to inaugurate a national cam- What is worse, agricultural production paign in favour of what they had cannot be stepped up as long as this chosen to call cooperative farming. Damocles' sword is held over the So many of Us have taken very strong crores of small-holders you find all exception to it. It was on that plank over the country. also that we went to the people and Dr. M. S. Aney: Does he mean to sought their franchise. We have to say that the Government's programme urge upon the Government that they of developing cooperative farming on should not take any drastic steps to a voluntary basis should be abandon- promote Government's expense, what ed? promote at Government's expense, what they wanted to do in the way Shrl Kanra: What I say is, taking of developing cooperative farming. I advantage of this opportunity, I do not am extremely anxious that this autho- want Government to spend public rity which Government would be funds at the State level as well as at taking under this Bill ought not to be the all-India level to further what they utilised for promoting that particular call the movement for cooperative programme which they had in their farming. There i! my hon. friend, mind. who is very enthusiastic about it, who is in charge of community develop- In addition to that, once the Gov- ment, cooperative farming and so on. ernment goes into the field of controls All that enthusiasm ought to be utilis- on<'e again, there is the possibility that ed for the furtherance of the war 3455 Defence AGRAHAYANA 5, 1884 (SAKA) of India Bi:: 3456

efforts and not for various other ideo- Shri Ranga: I am glad my hOIl. logical offensives that they had deve- friend agrees. I hope the han. Home loped against the different systems of Minister also will agree to that. We economy we have had. We have had have given a lot of privileges to any- the economy of small holdings in our one who is bt'ing taken number deten- country and more Ihun 100 million tion. We should not deny to the people pp.ople are depending for their liveli- who would come within the mischief hood on the cultivation of their own of this Act at least those privileges lands. Their freedom is dependent OR whiCh are made available to people the self-employment that they have who are kept under detention. I. do d"rivcd from their own holdings. I not like to agree with my hon. friend do not want this threat to be held out Shri Tyagi that, even in spite of the b('forp thpm that even while they are strps., that we ar:' working undH, the bdng induced to produce more for the grounds for which anyone is taken in- sake of war effort. they would be per- to custodv and broul(ht under the suaded with all the paraphernalia that mischief of this Act should nol be Government have at their disposal to made known. Therefore, I am all in give up their land and taken into the hvour of making it available to the blind labyrinth of cooperative farm- man concerned, to the higher officers ing. concerned and. lastly, to the ~rinal.

This is a very important claLl.,,' "lid Shri S, M. Banerjee: Sir, I have there are so many items here, the uti- moved my amendment No 27 which lisation of which by the Government says: would impinge upon the freedom of the people. Therefore. I am extremely Page 10- anxious that Government should agree after line 8, ndd- to ask their officers that when th(Y tak" any action under this clause, they "(56) takinl( of effective steps should stat.e their reasons for their to root out corruption." actions in writing. There arc certain relevant amendments to that effect. I am happy that the amendment mov- ed by the han. Minister, amendment Shri Tyagi: State to whom? To the No. Ill, somewhat covers my appre- Government and not to the party. hension of corrupt practices and cor- ruption. I, therefore, take this ('·ppor- Shri Ranga: They should make the tunity of withdrawing my amendment reasons available to the aggrieved in favour of the Government amend- party if and when they demand them ment No. 111. in order to enable them to prepare answers and place them before the tri- My amendment No. 31 reads: bunals that would be appointed under this Act. If they are not prepared to Page !l,- do that, it would really become very arbitrary indeed. after line 10, add- Shri Tyagi: My friend would agree "provided there is a conCl'ete that sometimes for security reasons, it evidence with the officer on offi- would not be very wise to convey cers concerned for taking action what the reasons are. under this sub-section. Such evi- dence shall be made available to Shri Ranga: Whatever cannot be the party under prosecutiOn for conveyed to them can certainly be con- consultation, if so desired." veyed to th .. higher officer and can cE'rtainly be made available to the tri- Sir, I am one of those who sincerely bunal. feel that because we are having this 80rt of emergency where the ~ntire Shri Tya(i: I agree. country has moved, we have to take 3457 Defence NOVEMBER 26, 1962 of India Bil! 3458

[Shri S. M. Banerjee] Shri Narendrasingh Mahida: We note of the foreign aggression and the should not say like that. He is a anti-social elements or the anti- leader. national elements in this country who might try to harvest at the cost of the Shri S. M. Banerjee: say it is wrong. I only want to contradict it, nation. I am all for it, that they should be punished. And, if there arc because it will help the enemy. still people who feel that there ~old An Hon. Member: It is not fair. be a peaceful settlement or something like that and without making their Shri S. M. Banerjee: 99 per cent of minds absolutelY clear they want to the unions are manned by ordnance help the aggressors, they mus, be factory workers themselves (Inter- ruthlessly dealt with. There is no ruption). doubt about it. Mr. Speaker: Order, order. Hon. But there are other instances in this Members only say that that remark country. Even inside this House cer- was not fair and justified. In our tain .speeches were made by cer- enthusiasm or in our attempt to tain hon. Members against men who answer a point it is not fair to say: are producing the maximum. "hl' is a creation of British Imperia- A reference was made by my hon. lism". friend Shri Frank Anthony. I wanted An Han. Member: He should with- to say something about it then itself draw it. but unfortunately I could not iet a chance. Therefore, I take this oppor- Shri S. M. Banerjee: I withdraw it, tunity. He said something about S~. I never wanted to injure any- ordnance factories. I am really sorry body. I only wanted to say that ord- he said that the Communists have nance factory workers ...... infilterated into the ordnance factories. Perhaps he docs not know that the Mr. Speaker: That is all right now. All India Defence Employees Federa- tion is headed by Shri S. M. Joshi Shri S. M. Banerjee: I am only say- who is known for his patriotism. He ing that such a scare should not be has served in the jail for more than creatl'd. Instead of complimenting 20 years. The ordnance factory peo- those who are working round the ple are serving the country round the clock, instead of giving them the clock. Production in ordnance fac- courage and the conviction that every tories has increased abnormally. They nrm that they produce is going to have donated their one day's salary help the jawans to drive the Hitlerite tv the National Defence Fund. They Chinese aggressors out of our sacred have donated, in Kanpur alone, Rs. land, they are being condemned. They 1,64,000 to the National Defence Fund. do not deserve this condemnation. If anybody says that they are Com- Another remark was made against munists or Communists have infllter- the Central Government employees in ated into their organisations, I refute gl'ncral. My esteemed friend Shri that charge. They are not under Guha said that in every Government Communist hands. There is not a department there is a Communist cell. solitary union which is headeli by Perhaps he does not know that in 1960 the Communists. And, Sir, these all these Central Government emp- ordnance factory workers can take a loyees under the leadership of the lesson on patriotism from any hon. Federation headpd by Shri Nath Pai, Member in this House but not Shri who is not a Communist, Shri S. M. Frank Anthony who is a creation of Joshi Shri Guruswamy, Shri Peter British Imperialism. Alvares and others passed a resolution condemning the Chinese aggression. An Hon. Member: No, no. The net result was that te~e was a AGRAHAYANA 5, 1884 of 1nd ia Bi!! 3459 Defence (SAKA) 3460 circular from the Director General Shri S. M. Banerjee: I may tell you, Posts and Telegraphs that such a poli- Sir, that the Central Government tical resolution should not be passed. employees in Delhi or outside are not I wish I could have produced that led by any political party. They can- circular. My point is that such not do it ·because it is not in the cons- utterances, just to attack the Com- titution. munists should not be made. They may attack the Communists, I do not Mr. Speaker: It may be perfectly mind. But let them not bring in the all right. Nobody doubts that. But Central Government employees who according to Shri Guha there may be are doing their best, because it affects an infinitesimal minority, one per their morale. They are doing their cent or half per cent, and he says best. They have assured the Prime that there are cells. This might be Minister at the Ramlila grounds, where his opinion. He may be wrong. But they paid a sum of Rs. 5 lakhs, that in reply to him, to say that the they will shed the last drop of their Central Government employees are blood for the sake of the country. being attacked or some motives are They took a pledge like that. being attributed to them is not cor- rect.

An Ron. Member: Are you a Com- Shri Nambiar: There is reason to munist? suspect.

Shri S. M. Banerjee: There is no Shri S. M. Banerjee: He should question whether I am a Communist have written a note to the Home or not. I have also donated every- Minister. But when he makes a thing. Even my only child I have statem<'nt on the floor of the House it placed at the feet of the Prime Minis- denl0ralises the Central Government ter-a boy of only 14 years-and I employees. will sec that every drop of his blood is shed if it is necessary sacrifice for Mr. Speaker: What would be the the> country. Do not try to teach pat- effect if the interpretation of his riotism to anyone in this country. You observation is put just as the hon. may attack the Communists, that is a Member puts it, that the Central different mntter. But the Central Government employees were attacked Gcv£'rnmcnt employces today have or they were suspected? That is taken a solemn pledge. Let. us not more detrimental. • weaken Ollr own machinery ~' attack- Shri S. M. Banerjee: It should not ing the-m. have gone unchecked. T ~ listen- ing to his remarks. SlIri IJ,anga: Who attacked the Central Governmpnt employf'£'s? Mr. Speaker: This interpret.ation was l10t the intention of the' hon. An 1I'0n. e~r Shri Guha. Member.

Shri S. M. Banerjee: I would request Shri S. M. Banerjee: Lastly. I would my han. friend to be present in the request that amendment No. 141 House when the debate goes on. moved by Shri Kamath, on which a good deal of discussion tor. ric place. is Mr. Speaker: Shri Guha said that the only amendment which is being there are cells in the government moved ul13nimously by tbe Jeft. departments. When the hon. Member says that the Central Governme·nt Shri lIari Vishnu Kamath: OpPosi- employces are attacked, that cl·eates tion. an un-favourable impression because llUUOuy, !lot even Shri Guha' had that Shri S. M. Banerjee: I meant the intention. He never said like that. left side, or the Opposition. Defence NOVEMBER :l6, 1962 of India BHZ

Shri Hari Vishnu Kamath: Left side ness, vigilance and of being alive. of the hon. Speaker. There is the least doubt about it. Let us not belittle our contribution in Shri S. M. Banerjee: When we are these matters and our infiuence in all marching ahead to beat the Chinese these things. ~ we have to say in this country, "Left, right; left, right"; it cannot be other- But I wish my hon. friend was here wise. when Shri Asoke Sen spoke. He dealt with the point which my hon. Shri Harish Chandra Mathur: Mr. frknd of the Communist Party raised Speaker, Sir, most of the arguments and over which he was so much and objections over which eloquence excited. The hon. Minister gave a has been wasted ...... very meeting answer to each and Shri Hari Vishnu Kamath: Why every point raised by him. I will not wasted? go into that ag .. in. But I wish ,he hon. Home Minister to take particular Shri Harish Chandra Mathur: notp of one thing. Because these objections were based on a fallacy and on a wrong assump- Every hon. Member of this House tion, more particularly about the pat- who has spoken has certainly wanted tern of agriculture, that under this that there should be circumspection Act the Government is going to pass and caution. That is perfectly all certain sweeping orders. That is not right. The burden of all the speeches at all the intcntion. It is not the pos- has been that the GOvernment ought sibility. It is unnecessary to say, as to be more vigilant and effective than if we are taking these powers to they have been so far. If anybody in! "oduce a particular pattern of were to read today's paper, Hindustan ardcullure. Therefore I said that Times: understand what is the slate most of the arguments and objections of affairs in the NEFA area? How which were raised, more particularly many Chinese had infilterated there? regarding thi,s, were wasted. That is The Chinese had passed as Tibetans not the intention. The argument is as jf they were the supporters of the based on a fallacy that any sweeping Dalai Lama. They had come and had orders are ~oin to be passed to been sitting here all this time. We change the entire pattern of agricu1. should have taken a step against ture. those people and also against those who were friendly with them much J share the anxiety of all the hon. earlier. Members that there should be. cir- cumspection and caution in the exer- cise of all these powers. As I said It has been explained that this earlier in the day today, the anxiety debacle has been there because of is much more on our side, that is, the lack of intelligence on our side those who sit on the Congress and because of the other side taking Benches, because we own the respon- the fullest advantage of our over- sibility. There is the least doubt generousness and leniency. Let this about it that we have got to be the House not ask and bind the hands of watch dogs here in Parliament. This the Government by saying that they Parliament which is very much alive ought to be over-cautious and over- sits here to see tha,t there is no abuse circumspect in these matters. As a of power. If my hon. friends were to matter of fact, the demand of the read the comments in all sorts of House is that they ought to be more papers, not here but outside the vigilant and effective and should put country, they will find that this Par- behind the prison bars most of those liament has been very effeotive and it people who have let this country Ita! given the proof of its effective- down. Therefore I would like the Defence AGRAHAYANA 5, 1884 (SAKA) of India Bm hon. Minister to tell us as to what Let us understand the context in effective measures he is going to take which it is written and who has writ- in this matter ten it. It is over-enthusiasm outrun- ning discretion. Nothing beyond or course, the States would be the that. Let us understand it in that main instruments and the agency for CJntext. I understand it. Do my giving effect to most of the provisions. fr iends not understand? I have not But I wish to stress that the Central received it. I have not seen it. Even Government must have Central intel- from what Shri Ranga read, it must ligence all ovcr so that there is a be obvious in what context it has complete check and full information bE'en written and what is the purpose. for the benefit of the States as well I think they have been seeing how as of the Central Government and the Congress party has been func- nothing wrong is done. I think, a tioning all these days during the detailed statement about whatever period of emergency, whether the action is taken under the Defence of Congress party has not given ample India Act must be submitted by each proof, adequate proof how indepen- StaJ(' Government to the hon. Home dently it is functioning and it has Minister so that he may be able to always supported where opposition give his pcrsonal attention. It will has to be supported. go a long way in allaying most of the apprehensions which have been Shri lIari Vishnu Kamath: The cir- expressed by our han. friends here. cular came after that. The han. Home Minister can, as an intcrnal arrangement, even have a Shri Harish Chandra Mathur: Cir- sort of a small committee of two, cular or no circular, the principles three or four persons which may look are not going to be changed. Character into all the statements and assist and is not going to be changed. That i8 help the Home Ministry. They may there. That is the stand of the also be able to point out that a Congress party. Let there be no particular matter may be reconsider- doubt in the mind of anyone. Let us ed. We must not permit any reason- read it in the 'context in which it able suspicion or reasonable appre- was written and what was intended. hension. Let us devise ways and I hope there would be no misunder- methods which are practical anG! standing on this score. which will not hamper the action being taken in this emergency. There- I am glad that yOU pointed out to fore, I would not suggest this Acteto Shri S. M. Banerjee about Central be burdened with such provisions Government employees. He was which will hamper action and render puttil'lg unnecessarily too much in the it ineffective. We must only see that mouth of Shri A. C. Guha, who only the whole organisation is so built said that there is a cell, which means in that there is little room, very little that certain agents may be there. It ground fOr any suspicion or appre- does not mean anything against the hension. The Home Minister can Central Government employees. A:; think over this suggestion which I a matter of fact, it is only through have made. the agency of the Central Government employees that Government has to function. It is only through the 17 hI'S. agency of the Government employees that this Emergency Act has to func- Lastly, I would refer to the circular tion. If you have no faith in the to which my hon. friend Mr. Kamath Central Government employees and referred. It is a Congress circular, the other employees of the Govern- an internal affair. But, still we owe ment. how are you going to enforce all explanation. I might submit that thi, provision? What arc you going Mr. Kamath reads too much in it. If' do with this Act when passed? It Defence NOVEMBER 28, 1962 of India. BiU

[Shri Harish Chandra Mathur] has got to be implemented throulh tc Government. I would appenJ. to the the Government employees. x..& (\pposition to be eneroi~; in the there ,be no misunderstanding in the name of this emergency, I would mind of anyone that any-body has I:ppeal to them to be generous enough the least doubt or suspicion about the to see that the Governmer:t are more Central Government employees or ~enero and more effective abo, for, any other employees. We have the HIe more is the burde.., 0.1 the fullest faith and confidence in them. shoulders of Government to seol that If there arc any failures, they would Government justify by their "ttions also be dealt with as drastically. As that there is no cause for anyLody to I ~aid in the morning, anybody who have a e;rouse agamst the operation of abuses power is as un-patriotic as these rules, and the openlion of the somebody who lets down the country. ~'roiion of this Bill. ~rnent The Government will, I am sure, must assure us on the floor of the devise ways to see tbat there is House-:-I also demand it along with no abuse and those people who abuse my other colleagues-i:1at those are as severely punished as those who J.owcrs will not be misust!J. l.s my violate the law, hon. friend has rightly said, tilue who Mr. Speaker: Members should be ]l,jsuse it must be taken La task, be- 'lHY brief now. ('"use it is almost treason and i 1 will be treachery against the confldcnce Shri Tyagi: I would be very brief. which the Opposition has rcpused in I have not spoken on this Bill. I want the Treasury Benches. to make one or two suggestions also. In the Iii st p: ... c.,. I am glad that the As regards my commurl,t friends, I 0pposition has taken this Bill in very am sorry that they have taken it to be g00d taste, I must say, whatever cri- ,,11 onslaught on thc commu:1ir.\.::, It is ticism they have offered, they have nOL so, jmtified the dignity of this Parhilment. 1.fter all, it is for the oppositwn to Shri Daji: We have n ~ tak,'ll it give warnings and to pu1, before the like that. Treasury Benches what the drawbacks lMly be, what types of lapses may be. Shri Tyagi: It is only individuals That is theil' duty. They have done it ,,,,'ho arc being talien into c'):lsidl:j "Atian. very well, But, I must acknowledge I hope Government h:lVC .1nrle it 'Julte that I am one with them a~ far as the clear that this is not meant against spirit in which they have put forward ~ party, but it is the actions of the their objections, is concerned. My individuals which will be judged, and request to them is this. In tilnt:s of t'.lis Bill will not aliow any party just emf'rgcncy, we cannot really pass an to fight a war against another party. Act which would he so foolproof as It is the individuals who will be taken the general normal Acts which we into account, Since there is no juris- p;::ss. diction of the court, it is possible that sometimes an innocent man may also Shri Bari Vishnu Kamath; Knave- be caught. I hope that. those persons TI'oof. also will suffer the sacrifices for the sake of the country. Shri Tyagl: Factually sp<:>aking, we are vesting some powers in tht Gov- ornment against the normal law. Shri Bari Vishnu Kamath: Even 'Ihat is an open secret. That being so, Congressmen? in the time of emergency, if we. want Government to be effective, then these Shri Tyagi: This co-operation of powers are necessary; it i. In that the Opposition Parties including the f'pirit that these powers are being given Communists, is something wonderful. Defence AGRAHAYANA 5, 188. (SAKA) of India Bill 3468

I must say that I have never seen this cism of the leaders. I am sorry that sicht of unity before; the day you cal- that point was raised. I must tell the led the Members to stand on their legs HOUSe that our leader is not a leader and pledge their loyalty and co-opera- of today. We have been working un- tion for the war, it was a sight to see der his leadership for the last forty- the Members standing and taking that five years. We quarrel between our pledge. I can assure you that the • selves; we discuss things, we differ, House is still in the same colour, and again we discuss and we agree or it has still the same view and the same differ. Still, he is our leader, because passion. we have absolute confidence in him.

But my grouse is that Treasury Shri Bari Vishnu Kamath· He is Benches have not yet really justified, not above criticism. . because they have taken no practical action . . . Shri Tyari: Not only we but even my hon. friends opposite have confi- Shri Hari Vishnu Kamath: They dence in him. The whole country has have been somnolent. confidence in him. So, there is no Shrl Tyagi: If you would permit question of any lack of confidence, if me, I would make one small proposal, there is any difference of opinion at though it may be absolutely irrelevant any time. After all, the Congress is a to this Bill. I say that the first thing democratic body. that Government should do is to start a training camp in each district from Therefore, what that circular aetu- one end of the border to the other. ally meant was that in times of crisis One thousand soldiers should be en- like this, if we at all di~ some rolled in each district from that very matters inside, it must not go out in district, because a district can best be the public because that would spoil defended by those people who live in the morule of the people, and they the district. They have immediately would feel as if we are really two behind their families and their hearths parties or three parti"s or things like that. . and homes to deft'nd. So, it is they alone who can best defcnd. Moreover. Shri Narasimha Reddy: Why single they know the topography of the out the Jana Sangh and Swatantra plap(,. They can be most us('ful in Party alone in that circular? guerila warfare and other such acti- vities. I therefore, ~t that Gov- Shri Tyagi: Even a little frunk dis- ernment should issue immediate orders cussion between the party members fo,· enrolment of at leas: a t110usand should not be publicised. It is for that soldiprs in each di"trict; they must purpose that they ha'/e issued that .hold a camp in that very district. circular. It is no question of any loss They do not need milibry offieel S of confidence in the leader at all; every be deployed for training. They can party. and everyone in tll(' party get some o!d pensioners who can do stands by the leader. And particu- t.his job. They should start it imme- larly at this hour of trouble anci tra- diately with the help of Members of vail, can We betray him? Parliament and others. Then, the people will realise and they Shri Narasimha Reddy: At this will have confidence and they time, the teJ'ln 'traitor' is not the pro- will appreciate that Government per term to be used. really mean some business. Therefore, we want Government to come into SllI'i Tyagi: What word? the field also and do something pOsi- Shri Hari Vishnu Kamath: 'Traitors'. tive. A point was raised about the circu- 5hrl Tyagi: 'Traitors'. They call lar, which made a reference to criti- that their own party people. Defence NOVEMBER 26, 1962 of India Bill 3470

Shri Narasimha Reddy: No, no. Shrl Tyagi: For this reason, people should not take objection. There may Shri Hari Vishnu Kamath: Shri be relations or friends of wife or hus- Tyagi, when he criticises the Prime band. Wives are of course free to Minister, cannot be called a traitor. give cover to husbands. So that per- mission is given. This is a matter Mr. Speaker: Order, order. Let us' more of a family affair. In those mat- have cease fire now. ters, we have accommodated tilem. Shri Tyagi: I am 'sorry for the The same is the case with the Commu- word used. But the fact was that we nist Party. They are close together; did not want to have any controversy. they are as good as family relations. I would request the Opposition also Sometimes when some of their com- not to let our controversy go out in the rades are arrested: they get a little pUblic. We want the public to remain annoyed. I would make an appeal to united, as united as actually we are. them. Arrest would not mean any- thing very much. It is not a sort of Shri Narasimlla Reddy: SePo that conviction. They are arrested only the circular is withdrawn. ror the sake of the safety of the clJUn- try. An Hon. Member: No, no. Shri Hari Vishnu Kamath: For their Dr. 1\1. S. Aney: Does he disown the own safety. circulaI.'

Shri Tyagi: This is a sma\) matter. Shri Tyagi: Even in spite of that, I beg of them to give the fu lies t co- Shri Ranga: He should realise that operation and support to this Bill. I it was not a reswne of any discussion. hope all the amendments will be It was a circular sent in the name of withdrawn. Let 1.11'0' population of the All India Congress Committee to India know that their repreent~tie all Congressmen and Congress units are absolutely one in this matter. all over the country. This campaign is Shri Hari Vishnu Kamath: With- to be carried on and Congress peoplc draw the circular. are bcing exhorted to do it.

Shri Tyagi: For that very reason, "" f..n

~~ ~ ~~f~ I!i't ~ ~rr 'ti"1'J 'fi"{ <:t ~ I ~~ ~~ ;ICf~ ~ ffi~ f~ ~ ~f'ti f~ 'l'<: ~ <:rqf 'ti"r 'fi ~ .(ifT ~ !T'-Fr ~ " if; ~ ~ ;~;;ft ~ ~r , I!i't ;m: m if; m it ~;;f1l '1'irlf 00 llifr "IT -W if "3"m iT f~f~ fCfT1ft] Mr. Speaker: I have been looking to all sides. Just Id me know whe- ~~~~~~lIt~lI'~ ther any other han. Member stood up ~~~~~'l~'f'Iin'~ I when Shri Sivamurthi Swami stood up. When there was only one Mem- wrn it qor "iflW i't m ~ ~ ber who stood up, I said, he is the t I~~lf!f.~~~~~ last Member and after that I will call if~I~~~~~~it the Minister. Now I am accused that I am gOing too fast. ~~~f.l;~~~ ~ "llW it m if><: ~ qro1f ~ it Shri Ranga: Yes, Sir. Excuse me; I am not in the habit of crossing words if m ~ ~ ~it ~rr it with the Chair, but I found it neces- ~ 'ilIro rnu ~~ I sary to. make that observation. ~it~it~~ Mr. Speaker: But where was my fault? Mr. Speaker: The han. Minister. Shri Datar Tose- Shri Ranga: Can I say anything. more than "Excuse me"? .n ~o 'lifo ~ f~~ : -~~ ;rl!~lf ~. lf~t ~ mr ~ ",:;:J";;fT<: Shri S. N. Chaturvedi: I would like to say a few words, Sir. if~~ I Mr. Speaker: If the sense of the ~~ ll~;;r ~t ~ :aoT House is like that, I have no objection. ~. ~ ~ 4' nf ~ ? Shri l'I. N. Chaturvedi: J am sorry Shri S. N. Chaturvedi: I have an I gave the amendment a bit latl', but amendment but because it was I~t I it reflects the feeling whiCh has bec,n could not ~oe it. If you allow me to voiecd by thc pntirL' House. There say a few words, I shall be obliged. has bccn unanimous ~pport Ior this Bill. but the fear has been expressed Shri Datar: The amendnH'nt has that there may be some abuse of these not been allowed. powers, which are very wide and dras- Mr. Sp~er I had announced that tic. That is Why I sought to put in after Shri Sivamurthi Swami, I would this small amendment. If it is acccpt- be calling the Minister and th"!l I aLle to Government, it may be accept- e"llcd him. Nobody objected at that ed: otherwise not. I thought the de- timp. Nobody stood up. bate was going to last lomorrow also. That is Why I did not give the amend- Shri Ranga: You are too fast for ment earlier. It reads like this . . . ~. We may be dull-headed. but I am 1\11'. Speal~e!' When it was not given sorry you have to help us. in time, he' cannot. move it. Mr. Speaker: I have not said that An Hon. Member: It has not been the Members arC' dull-headed. If I irlat~d. am too fast. I may be removed from this office. Shri S. N. Chaturvedi: It ean be cir- culated tomorrow. The debate is go- Shri Ranga: Every time I find that ing on and I have given a copy to the you are too fast. Minister. If it is acceptable to the Mr. Speaker: Every tim" I find that House and to the Minister, it is all the han. Member stands up and right. accuses me without justification. Shri Narendra Sin~ Mallida: On a Shri Ranga: I plead guilty that we point of order, Sir. The amendment is are slow. not in our hands. . HI Defence 3475 AGRAHAYANA 5, 1884 (SAKA) of India Bill 3476

Shri S. N. Chaturvedi: I am going ~ ~ ~ ~'i ~ • to read it. 00 on: flf'lR m.: ~ fifi ~ ~ifi it 5TTf11<'f fifilrr Shri C. K. Bhattacharya: The hon. ~~~ll~1 Member is putting it in as his sugges- tion; not as an amendment. ~~~~fifilfif;;rr~ Mr. Speaker: If he is allowed to do ~ ~~~~ri!~1f that, he might do that. fu

~ 11:0 'qo m] 'Iill:i" m 'iTT ~ it, ~ qg fuf;r;r ~ Hrfi:R:tr it cI '1fT ~ 'I;{'f;:i'T ~ fri?r it ~ T.fT f'lf.;rc1:T ~ it ~;;r it f~ (fl:!"TT ~ I ~ '3"" "1M 'fi"T ~f.r it, ~ ;;rTlT fro or"{ '1fft ry; '.ifRT ..nm f.To ~ '.if'I1rf "flit ""11"ifT ~ fir. m<-1'f. ij- ~'fi ~i'f ~ ~ g m.: cI 'fi "Y'1l:I"r ~~fir..'I~~1 'fi~f~~~llIllt'fi~ m: 'fi"T, ~ ~ {'HI ~ tn ~ Iftq 'fi"T ~ ~ ~ ~ i:rfir.;:f ~ ~ ffT f.I'Tl't ~rn nrr'1'RT ~ ~ ;;r.r ¥'A 'fi"T ~ ~ :tIi ~ ~ '1'@ WIT ~ m.: ;;fllT fit; foren 'fi"T ~ -n ! lio 'f1ri ~ : llR- l1'11'1lI~;f~f~~~ '1'1l:I" ;lf;lf~ ~ l:I"ll: ffi!"T ~ fir. ll:l1 "I1f ~~ ~ lrRr ~ I 'Ir~ ~~'fi'Iit~~f~ tll.fTfT 'qf'1' 'fi"T i'fTIIi ~ ~ ~ ~ i'fTIIi ~

itllT, ~ f';pft 'li1 mfr i~ ~ Shri C. K. BhaUacharyya: May I say a few words, Sir? if1'~~'r 'fiTfl11T it. f~ ~ OfgT I ~1i ~ ~;le1 ~.r ;;rrrn'~ ~1 Mr. Speaker: Yes. ;.~ ~ m- l~~ ~'il' i\' ~ ~ ~n'l' f~~ ~7if : ~o'l''f i'~~ ~ ~ ~ moT if~ l~i79 ij ~ ~ I qf.mii;: ~ ~ ~ I ~ f~ ~ ~ ~o 1[.0 ~ : ;;rF'i 'l'f.' IT ;;rAm ~'07 Am llm ~ I Wf7 m;;r ~ ~ 'f.'F.'T i'f'<:: .1"1' ~ 'l'f,f gm ~ ~~ F "llmir ~ (iT ~ 00 ir ~ '1,.'/Ti7 ~ '" ~ ~ ;ij.;rr f'f.' if~ f{lfT ;;rril I m- Wf7 f';pft i\' ~ 3i'n' "Wlf 'f.'F'1f ~ 1ft WJ'7 If'il' f.T ",It "'11' nC1~~~f~t~'I1

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[Shrimati Lakshmikanthamma] of the nation are geared up to give that the Government are taking. On them adequate and timely support. the other hand, people are more Then there are also rumour mongers. anxioUs why Government is 110t takinc Either ignorantly or with some motive adequate steps against !uch unsocial they spread aU iOrts of things includ- elements. There is also a sufrguard. ing what Peking Radio says, as i! they UI:lder this emergency proclamatioll are its agents. We have to safeguard also, we must remember th.. t it is COJll- our people against them, as also ing before both the Houses and if it ill against the hoarders and profiteers, not not passed within two months, it will knowing the consequen('es, not know- lapse. So, it has the full backing fit ing what will happen to their very the people. existence, try to make profits out of this crisis. It is essential to put these Dr. M. S. ABe,.: .~ I know on people down. what amendments she a speaking? We are discussing the amendmenta to Then there are people who spy. In clause 3. today's paper there was news about spying and some sort of D. communist Mr. Speaker: Not only the ame'Ad- help was there to Chine.e. Is j+ to be ments, but the 1a~' also. tolerated? Now Communist Party has passed a resolution; a section of that Shri Nambiar: Cla~e 3 is half 01. party had also to take a great risk in the Bill. passing that resolution. It is welrome. But can we take chances with that Shrimati Lakshmikantlu._: section of Communists who are J.lro- Clause 3 is about the powers. I am Chinese? I wanted feel the pulse to talking about the need to confer 110 of the people in a constituency adja- much powers on the GO\'Cir.ment. cent to mine where there wa some communist influence in some villages. Even in these days, even after that It is a fact that the entire people are resolution, the rank and file or some of behind this. With three days of learn- them, tell the people that the Chinese ing shooting, I secured 80 per cent brothers are coming to liberate them. marks in shooting. There are IlUIlIY Can Government take any chances more like that. There is a Mying against such people b.?cause they have "Who stands it freedom falls? Who passed a resolution? No. This lives if India dies?" To guard this freedom has been won, at what cost? freedom, even 10 crores of men and For generations together our people women will go to the front and die as suffered, faced bullets, went to the free citizens or live as free ci tizenll. gallows with smiling faces. Our women Yesterday, the Mangolian and Hunga- had to leave their housE.s their hWl- rian Governments suggested that we bands and children anj ~ to the pri- should accept the Chinese cease-fire sons in thousands and miliions. This proposal. During the last war is the cost of our frel'dlJ'lTJ. WE.' have to safeguard that freedom jcalClUsly Mr. Speaker: She is quite off the and also the integrity of our nation. mark; she must conclude now. At this juncture we cannol take risks in the name of demotl'''.cy. 111 this Shrlmati Lakshmikantbamma: Dur- emergency, we a~ to restrain our ing the last war, when the Gi!rman in- rights to some extnnt. vaders had gone very near MoscOW', they did not advise themselves like There is absolutel:nity in this. It that to accept any ceasefire proposal. is the will of the pwple. Ali the They fought to the last drop of their people are behind thE' Gc,vprnment; it blood. We are in no way lacking is not like what Mr. Mukerjee said. in our courage and valour, The men The people are behind all the step; and women of this country will fight Defence AGRAHAYANA 11, 1884 (SAKA) 01 India Bill 3492 with full confidence in this Govern- it~~~I~;;ror~ ment, which stands for democracy and freedom of this country. We will fight it fir<;r ~ ~ fiI; iiaf ~ ~ ~ ~ to the last drop of our blood and pre- ~ I ;;ror ;m: ~ fil<'f ;;mf ~ serve our freedom, by driving away iiaf ~ ~ ~if ~ ;;miT ~ I ihe invaders. If/wf.t ~ ~ ~ ~ t~ ~ Mr. Speaker: Dr. Rao has just come. ~ l!iP{iffiIl it; it ~ it;

15l';'~i ~tifrt ~ 'lft.r~ ~ 'fi~ ~ oR" I liif aT ij"IlIT t~ 'fi'li $1' ~ !"R: "I want India's rise so that the ~fi't~~I!fft~ whole world may benefit. I do not ~it'1'~~~r~it; want India to rise on the ruins of other nations." ~!Ifl 1ft ";r ~ I ;;ril' ~~ ~ ~~a~'!~ ~ ll~r m<'ffiT ~ I ~ ~ it; 3i"l<: ~;ff fir<:r ~ '>!"R: ;it;tl it fir<:r !"'fit ;;m;ff ~ 'Ii1~ ~ firu ~ '>!"R ~ ~ ~ qrn- ;;ft 'fir ~ ~ '~r'~~~~ I ~ ~ ~ 'fliif

Qgf... f.t~I it, ~ it, ~ ~ cheese, butter and !O on-as mlllny as six milJion acres under cultiV'illtion, '~t!;~I~~'f~it; which was an entirely new acreage, fcmr i't~ ~ ~ ~ I J;fIlf ~ ~ ~ and by doing so were able to increase their tood production by 70 per cent. iR'IT ~ I f~ \f"TQ ~ iR'IT ~ $ They realised that the domestc econo- ~;fIlf~~ ~ I ;fIlf~~~ my was entirely dependent on the ~~~~ffiri~~ farmer who cultivates the land and gathers the treasures out of the ~~~~~~~~I ground. Similarly, therefore, while we give ~~r;fllf~~~ these emergency powers which, I do w;rr ~ fit; llW 'R ;;it m~ ~ not think the Government will have r;;f1r~~~~~ I omq'ij; any occasion to use, because we have got a very beautiful democratic set- llW;;it ;f~ ~ ~ ~ ~ ~~ up in this country, the farmers will ~ :;,ffilrr I ifilf ~ ifilf ~ mer tft ~ answer the call of the nation without the necessity of application of the ~ ~ 1~!1 ~'''t em; ~ laws. It only we give them some in- f!.'i ~ ~ ~ fit; lfiRf m centive., like, supply of fertiliserl ~ ~ fit; ifilf ~ ifilf~ mer ~ ~ ~ I at a reduced cost or supply of free water to new landl without any tax ~ llW ~ ;;f\1r ~ trtr.r ~ Wf!I'f ~ for one or two year_I am sure, there ~~~~~I~i;~ will be very good response from the agriculturistl. qrq- ~ '!iIi~ ~I. ~ ~ ~ ~ fit; omq' ~ 'R ..om ~ mr.f m ~I. But, at the same time, I must sub- mit that the Central Govemment must ~~ I ~~~~ooiti'f1fi' reform a little and rilje to the occasion $ it ifilf ~ ifilf ~t m- ~ ~ I to lee that there is greater co-ordina- ~ ~ ~ ~ ~ tio.n. The Ministries of Agriculture if '1"fur

[Dr. K. L. Rao] Similarly, to achieve lucceh on the be no necessity for any emergency battle front, there are three funda- powers to be used. mental factors which have to be satis- fied. Once you do that, history shows I am afraid, recently, two or three that you can easily achieve victory. years back, the Engineering depart- The first is what we call combatant ment of the military has been tamper- morale, "will to fight". That we have ed with vory badly. Unfortunately. got any amount in this nation, because that has been divided up. For exam- We are defending a very holy land, ple, there is one organisation which a very ancient land, full of all re- looks after border roads, another or- ligions. It is not one or two; people ganisation which looks after civil work of all religiolls flourish in this coun- works and a third: all pertaining t. try. We are fighting against atheist the same transport and communica- China which has absolutely no reli- tiona. This has led to,-1 do not want gions whatsoever. Therefore, I &nl to use strong language-atlesst lack of sure there will be continued will to coordination. What I would submit is resist with religious fervour. There that there should be one technical man will be no necessity to take any extra to look after the various works as- has measures except now and then to use been done before. If that is done, our the A.I.ft. to counteract the unfor- transport system, our communication tunate propaganda Of lies that are said system will be greatly improved. The against India. supply system entirely depends on communications. Napoleon has put it very cryptly when he said that "the The second factor is, organisation secret of war lies hidden in the com- munication". Therefore, it is most Of a sOund military Headquarters. Of course.. I must submit that there is a essential that We shOUld reorganise the EngLneering section and see that creat need, for a change in our organ- it is well knit and weI! coordinated_ isation. Because, at the moment, our Defence secretariat is full of laymen, omcers who are absolutely laymen. I Another factor that I would submit understand that it has been recently for achieving complete success on the reinforced by the additional sanction battle front III the supply of guna. Of 4 or 5 o~nt Secretaries. All these tanks and aircraft. This, of course, people sit over the Chiefs Of Staff and We have got to do on a long term and try to scrutinise their proposals and short term basis. (The bell rings.) so on. Added to this, there is finan- Just two 01' three minutes, Sir. I cial control which owes allegiance to would like to submit that we must be another Ministry. I aubmit that in the very realistic when We examine ade- case Of a:n emergency, It is necessary quacy of our equipment. There is no for us to eliminate all the various ~e trying to meet the urgent needs of factors which cause delays and have today with the probable achievements a tendency for digression, and copy of tomorrow. That ill 'what we are the practices of U.K. In the UK. they doi·ng. We are going to build this, that have got Lord Mountbatten, Gver the and we count on them too much. War three Chiefs Of Staff, as a presiding is a reality. We must do everything officer. Similarly, We can have a on realistic and practical considera- council consisting of the three Chiefs tions. For the urgent things. there i.B Of Staff with one presiding officer. Of no other go, we have got to borrow Cl)u1'8e. he must be a professional fram outside. At the same tune, we man. He must have status enough to must arr8Jnge our manufacturing pro- present the professional point of view gramme so that in course of time, we before the Defence Committee. If such should be able to depend on iRdi- powers are given and he is given genous manufacture. We have lagged authority to go along, with the mili- behind. It is a very long distanc!' taIT bul14 up, I am wre. there will from the days of bowa and arrow to ,/ AGRAHAYANA 1), 1884 (SAKA) of India Bm 3499 Defence 3500 the present days of atomic bombs. At weapons. We all know, fOr example, least we should be prepared for con- that the first world war used a gas. ventional war if not for nuclear war In the Second World War, the techni- which is not possible. That require! que changed completely, because gas mechanisation. Mechanisation is the was not at all used. Of course, they ltenot~ of success. Mechanisation had to provide gas masks. In fact, means multiplying mass activity. For in England, they imposed a heavy example, we are reading that the fine if we did not carry the gas mask. Chinese arc coming in superior num- But that was not actually necessary bers. That is bound to be. Their at all, because in the Second World population is bound to increase. There War, the type of warfare entirely will always be numerical superiority. changed and went over to the use of Where you can succeed against the aircraft. Chinese is by attaining technological ~periorit. Once We attain technolo- What am submitting is that gical superiority which we can do- mechanisation is sO essential. At the we are much better fitted for that- moment, we have got only a trickling once we do that, once we attain... amount ot mechanisation; we should (The bet! rings), Two or three swell it into a sweeping flood, and then minutes, Sir. only we can get that hilith amount Mr. Speaker: He should conclude of mechanisation which muat ~ now. He asked for five minutes. He there. I do not mind if there is no had ten. mechanisation on the civil side. It does not matter it we do not have tractors Dr. K. L. Rao: I am sorry. I shalJ for the fields, but on the military side. finish ill. two or three minutes. let us all be very defini te and certain that we should have mechaniAtioa. Mr. Speaker: The hon. Member is It is only that which can save us going into too general thints. That from the numerical superiority ot was my difficulty. Probably, he has the Chinese or from any other quart- brought the contagion from the pre- ftlI. vious lady speaker. In this connection, I must submit Dr. K. L. Rao: That is true. r did that armament factories like the Jiot get a chance earlier to speak on Hindustan Aircraft Ltd. and So on this Bill, and 50, I must accept that I must be managed by technical men. have got tile contagion; I took the There is no use ot entrusting them to cue from the previoUs speaker. some retired finaDce people or JPetlred administrative officers etc. Mr. Speaker: The hon. Member was speaking on technology. He Shrl Harl Vishnu Kamath: The hon. might continue it now. Member is going too tar away trom the clause under dilCUSSion. Dr. K. L. Rao: I was submitting lhat the only way to overcome the numerical superil()rity of the Chinese, Dr. K. L. Bao: There are a few which will be there for all times to more points that I would like to men- come----it is not there only today, it tion, but I do not want to tire the House at this late hour. will not be there only tomorrow, but it is always there and it will always be there----is by attaining technologi- In conclusion, I would onJy make a cal superiority. brief reference to the circular. I have just heard something about the cir- It is very necessary to remember cular. I am a Congress man, but I lhat these wars can ne"l'er be projec- mu.on say that I have not received ted on the basis of the Pre\"iou that circular. I have DOt seen that. 3501 Defence NOVEMBER 26, 1962 of India Bi!! 3502 Dr. L. M. SiaghTl: The circular in an emer/ilency does not mean that cught to be buried now. So, bUl"7 it. absolute powers should be given to Dr. It. L. Rao: I would. view the Government, because "absolute power matter in the following way, namely corrupts absolutely" and that maxim that this Defence ot India Bill repre- 5Itill holds good. Unless we have a !lent..~ the nation'. solemn pledge of • dictatorial Government, I am not pre- !l8crifice, a supreme sacrifice on the pared to concede these powers un- altar of freedom, to achieve victory. checked or give full support to this When we are dealing with things in measure without due consideration as that high pedestal, is it necessary for !tOme hon. Members have been wish- us to care for this circular and so ing us to do. We must put proper on? We must all be united, and let checks, and we must improve upon us definitely see that we are united. whatever provisions are there, and make the Detence of India Bill suit- Once we are united, and once we &r8 on the right lines, I am sure this able within the set-up of our demo- emergency Bill need not frighten us; cratic government. as I said a little while ago, this Bill represents the nation's supreme Am- The first submis.qion that I would tice to achieve victory. like to make, in this connection, • to the Home Minister is that many ex- officials of the Army have not obtain- '" io ",0 lfTf!w ~ : ed suitable accommodation in Delhi. ~~~if'Ifl1!l'r Only three month., back, high-rank- ~ ~ ~ !fi1: ;ffl ;;rffi ~ ~ ing army officer who retired could not find space to live. This sort of dis- ~ ~ '~ ~ ~ ~ ~ 'R 'ti11f satisfaction in the army should be re- ;;rro ~ 'f\f?;;f ~ ;;rrq.m , ~ ~ 1l moved. I have come across many army officers Who have been disgruntled at ~ ~ mF- lfi<;rf ~ R , the way we are treating them. But now their importance has come up. So ~ ~'1lI ~ ~ ~ f'ti we are now giving them all sorts of ;sft 'Ifl1!l'Vr ~ ¥t ~ ~ ~ ;;rffi ~ , ;q;r 1l facilities. These facilities should have been available to them long before. ..-tT ~if flI; 'tiR- ffi ~ :a-m .~ Ever since independence, we should ~if 'fiT ~ Wfi(fT ~ I have given more attention to them and the morale of the arm'Y should have been raised to a higher degree. Shri Bari VlsIuua Kamath: Do I take it that. the hon. Miriilter will reply tomorrow? Some years back one of our Gene- rals was talking to me and telling me Mr. Speaker: Yes, the hon. Minis- that the army was being told to ter will reply tomorrow. wear khadi. I have been wearing khadi for the last 30 years. But that Shri Nareu.dra Singh. Mahlda: I does not mean that this sort of fad have tabled many amendments, and should be introduced into the army there are many clauses on which . without consideration of utility. The can speak, but I shall reserve my army should be treated better, more comments on them for tomorrow, 80 in peace time. But the army has because I shall have to move my been neglected. amendments and say something on them. So while we should not neglect the defence of India, we should also The Defence of India Bill is neces- hear in mind and provide more ame- sary, but it must be looked into and nities to the army. We should give checked also. The fact that we are the army oftIcials the facility of free Defence AGRAHAYANA 5, 1884 (SAKA) of Indin nm

schools for their children, their reha- rail to underst.'nd \',':-' our able- bilitation, and if they die, adequate boded persons are not yet called upon pension to their kith and kin. I know for military service. Let them have of instances where during the course lathis even. We shan even with that ()f the Goa action we had lost some bold spirit do our best. Let there be soldiers. I came across a soldier who no idleness. Let there be no unneces- had lost his one eye and all his fing- sary talk. Let there be concrete eflort. ers. Weare paying him a pension of made. Let there be no lull in our Rs. 27 per month. How is the soldier measures to deal witl> the situation. going to live on that with his family? These instances should be looked into. Lastly, I want to impress on our I have complained to the Defence countrymen about one thing. 1 am Minister also. But nothing has been fully prepared to help the defence done so far. Now we mult see that measures in any way you like. But, the soldiers get better treatment. just look at the recent Conlfl"e8S cir- cular. Some hon. Members may dis- We are talking of Defence of India like my referring to it. But we are Bill all right. But where are the much hurt by it. We who belong to defences? I do not see much defence the Swatantra Party feel that we are arrapgements in Delhi, I do not see persecuted. When we have even given any such measures in Parliament up our kingdoms, when we have 1J8i:- House or in Rashtrapati Bhavan. rificed our jagirs and zamins and all Where are the civil defence arrange- our wealth tor the country, should we ments? We are in an emergency. We in the Swatantra Party be called are at war. But I do not see much traitors? Is that the way to behave of civil defence arrangements. I went with us? to Hardwar yesterday. I did not see any detence preparations except ShrimaU LakshmikaDtIwama: ~ some bold persons carrying some he has tUlly supported the Prime rilles round about. Is that the way we Minister the other day, he need not are going on with the detence of thIs include himself in that category. country? I make an appeal to the House and to the country. Let us talk Shrt Nareadra Slarh Mahlda: This less and do more. Let us have BOme is not the way to behave in this emer- concrete plans for the defence of our gency. But even it they publish 8uch country on a more sure tooting. circulars I shall not pay heed to it. I shalI do my duty. That is my atti- I am very pained to say that the tude. cease fire offer has had an adverse affect. Even day before yesterday, But I want to say this to hon. people were talking at Hardwar and Members of the Treasury Benches. saying 'There Is no fighting now'. and They should restrain themselves. Let I saw a very high army official re- them not adopt this sort of attitude. turning from Jyoti Math with a few It does not do any good. If such a jeeps. r wanted to stop and· ques- mistake has been committed, I re- tion him as to why he was returning. quest those in authority in the AlCC Probably this method of relaxation is to correct it, to set the matter right. not gOOd tor us. Then look at the That will be the right and hO!lourable panic created in Tezpur, even though way out ot this circular issue. in a small scale. r am afraid if we do not take notice of it and take Lastly, I welcome the Defence of proper measures, we shall repeat it India Bill generally, but as regards everywhere. the clauses On which I have to speak, I shall say tomorrow.

So more attention should also be Shri C. K. Bhattaebaryya: From paid to civil detence measures. I still some of the speeches that I heard 3505 NOVEMBER 20, 1~2 of IndilJ Hi!!

[Shrl C. K. Bhattacharyya) from the Opposition Benches, I felt that communist power. That is the that they are not in touch with re- situation in which we find ourselves a alities. Otherwise, those sentiments very complicated and difficult it~a and remarks ('ould not have found tion. expression. India is in a position in such a situation, it is not unusual which few countries have found In for a Government to seek for extensive themselves in history. It has very rarely happened. On the one hand powers. POWf'TS sought under clause a are therefore natural. There has been there is the Chinese aggression et~ ting into our territory about .50 miles apprehension that thE'Y may be mis- used. Our country has been habi- deep; On the other, Pakistan which tuated to a democratic rule for the last we created in order to have peace fifteen years or sO and it will no\ and good relationship, is negotiating aliow itself to be tyrannised. People with the same aggressor sitting on are sufficiently self-conscious No both sides of this country. official or administrative a~iner Practically we seem to be surround- will misuse the powers that are vested ed. There should be no loose talk or in them under clause 3. remarks which may make people think One of my communist friends said as to whether we are speaking with that the arrests were being made fm' tlivided minds. Perhaps it was Prof. settling old accounts because of defeat- Ranga who said: if you want our co- ing the Congress candidates. That wu operation, you must act in this way. the most uncharitable and unkind This is not a situation in which CD- interpretation that could be put upon operation may be made conditional. It the steps taken under this emergency. is not that the Government wants co- Let Us see what the Chinese cease-fire operation in order to sustain itself: proposals mean: ''This is the line Government is sustained by the party. which we have come up to; we are But We are required to do Our duty now receding from this line up to a by our motherland. That is the posi- certain di5tance. But we are placing tion. It is not a question of co-operat- our guards on this line. If you dare to ing with the Congress Party or help- corne in we are going to come back and ing the Government to sustain itself. give you a good beating." That is the Some of the speeches have been in this whole story, the long and short of that strain. With Pakistan on the one hand statement. If we add to that the and China on the other, hearing the audacious and vulgur threats that sons of India talking in that strain, Peking radio is using about their affected me and that is why I speak. victories Or illegal occupation of our Speaking about China We do not territory there need be no misWlder- standing or false expectations in our know why they have declared this cease-fire. This stalemate is going to minds about what China is thinking; continue upto 1st of December. NObody and what she intends to do. Therefore, Mr. Tyagi was perfectly right when knows what is going to happen after he requested our friends On thllt side that .. As we know during the last five that all the amendments should be or aix years. the policy of China has withdrawn and this very urgent anll been: trying to gain a point and after important Bill, brought in at a very gaining that point, they make it a critical hour of OUr national life and starting point fOr further negotiations. Indian history, should be allowed to Pakistan has acquired about 1500 pass unopposed, as we passed the reso- crores of rupees worth of arms from lution on Chinese aggression pro- the United States with the assurance pounded by our Prime Minister. or a blu!! that it will fight the com- munists. In this crisis when there is .Shri Shivaji Rao S. Deshmukh aggression by a communist power on (Parbhani): Sir, while discussing sec- India, Pakistan is making a pact with u.a. 3 of the Bill, at the outxt, 1 must Defmee AGRAHAYANA 5, 1884 (SAKA) of India Bm 3508 pay my-humble tribute to the remark- form, because the second ordinanee ably good piece of duftsmanship was not an independent ordinance which the Law Ministry has shown in conferring any special powerll or al- presenting this Bill before this House. tering any substantive law. It was Taking into consideration this parti- merely correcting loopholes which cular factor that the Defence of India were quite natural because of the Ordinance, 1962 and the Defence of hasty drafting. Therefore, it waa India (Amendment) Ordinance 196Z rightly held by you that one Bill re- were issued at the gap of a few hours, placing the ordinance as amended by the draftsmanship which they ha",e the amending ordinance would serve exhibited deseTves our praise and I the purpose. take my hat off in appreciation of this remarkable piece of draftsmanship Out of the 48 sections which we exhibited by the Law Ministry. I feel have to discuss in the Defence of that the varioUs amendments which· India Bill, section 3 is the heart of have been submitted to claUse 3, the Bill. The scheme of the Act itself instead of improving upon it, may is such that section 3 has been split ultimately pollute the draftsmanship into sub-sections 0) (2) and (3) which we see in the present form of Sub-section (2) contains the various clause 3. powers from sub-clause (1) to (55). I am one with Mr. Tyagi when he Sub-claused (25) of sub-section (2) requested the membeTs who have has received the 'particular attentioa moved amendments, "Please don't try of my friends in the Swatantra Party. to meddle with the impartial drafts- They were afraid that poweI1l under manship". Particularly when we have sub-clause (25) may be misused by the passed the two resolutions and when Government to introduce cooperative we have solemnly pledged ourselves farming. My humble submission with that we will drive out the Chinese out great respect to my friends of the of our sacred motherland however Swatantra Party is that we are arming long the struggle may be, in the same the Government not to encourage co- spirit this Defence of India Bill haa operative fanning in this motherland, he en submitted before the House by but to drive out the Chineee. Thill the Law Minister and I wish in tllp. aggression of the Chinese has to be same spirit it should have been passed fought not only in the battlC'fleld, but by this House. in the factories and fields. Everyone rt is no small statement that this of the workers, working with the Defence of India Bill should be termed sweat of his brow, in the fields and as Defence of Democracy Bill, because factories is a soldier working for the it is the battle of democracy which we defence of th·is country. When people are ·fighting and not merely the battle are willingly surrendering what the,. of defence of India. Therefore, arming haVe before the Government, Gov- the Government with ample POWeTS aa ernment merely seeks powers throug'h given by section 3 is the least that clause 3 to control indwtry, agricul- is required. Not an ounce of more ture, mines, roads, bridges, communi- power has ben called for by Govern- cations, postal articles, travelling, etc. ment than is required by this emer- gency. Shri Kamat!"! raised a techni- All these powers to say the least, cal objection that the Defence of Tndia are definitely the primary require- Odinance 1962 and the Defence of ments, and it is certainly in this gpirit India (Amendment) Ordinance, 196Z that Clause 3 should have been wel- should ha\Oe been replaced by separate comed by all, particular my commu- Bills. It was a very fantastic proposi- nist friends also. We are not out to tion, because the ordinance is expected arrest any Communist. It Is a sham to be replaceed by a Bill. to say that the Government is a partY Naturally the logical conclusion Government. The Government may is that the Bill should replace have been elected on party 1he ordinance in itB amended tickets, but today he naUon and the De/en.c, NOVEMBER 26, 1962 of India BiLl 3510 [Shri Shivaji Rao S. Deshmukh] Government have amalgamated into powers and actions taken under the one and the Government does not Defence of India Bill will also be on ne~aril wish to arrest any Com- the emergency basis. Therefore, nor- munist for the simple reason that he mal appreciation will be too much to is a Communist. Certainly, the Gov- eXipect. ernment is not against any paricular The situation in which this Bill party. has come forth ~ore this House has I would ter~ore humbly say to also to be borne in mind. The pro- the hon. 'Home Minister, who is clamation of emergency by the Presi- present here, that this emergency Bill dent has resulted in the suspension of which they have brought before this articles 14, 19 and 21 of the Constitu- House is in the interest of emergency tion. The powers which we are con- itself and emergency requires that - ferring on the Govel'llment by sub- normal standards of arrests and cUr- clause (3) are much less compared to tailment of fundamental rights or the suspension of articles 14, 19 and freedom of liberty etc., should not be 21 of the Constitution. Therefore, to looked at from the point of view of ~a that these powers have been rigid democratic requirements that claimed by the Government with a are there in peace time. Even emer- partisan attitude and with mala fide gency requirements are such that en- lntens lions of using it for furtherring trusting these powers to the Govern- a particular party interest is a charge ment does not necessal·i!y mean that which in democracy no one wiU ac- one individual will exercise those cept with smile. I wish, while level- powers. It will have to be exercised ling this charge, Members from both by the officers on the spot. Those sides should have thought about this officers will be guided by the infor- particular fundamental necessity, that mati.on at their disposal. If the in- this emergency Bill, this Defence of formation at their disposal is lacking, India Bill, has been necessitated be- we can very rightly apprehend that caUSe of the blatant aggression by a those powers aTe likely to be misused. Communist power. But they are like I> to be misused not with any mal:t fide intentions of the This aggression, Mr. Speaker, hall officers but because of the bona fide been committed by a Communist actions which the Government want power which, only in 1935, was not them to take. It is because of this dabbed as a Communist party. The that we are giving powers under sub- PekiTllgl r,adio, the Communist Party clause (3) to protect the government and the Communist Government are oftl.cers who work under the govern- very much praising the Stalin line and ment. While protecting these officers are criticising Mr. KhTllShchev be- who 'Wock under the Government, cause of hiS policy of leaving away the nation logically expects that the Joseph SmUn. But the same Stalin officers will not betray the powers has said that the Oommunist Party of which they are to exercise and will China is a "small batch of land re- not tarnish the fair name of the formers". This batch of retonners Government simply by their acts of who had nt~n to swear by Marx, negligence. Therefore, I wish the in their trek from Peking to Gobi House. is one in conferring these Desert, were left with only two powers on the officers and the Gov- million or le~ than that out of five ernment by sub-clause 3. million. Only lei'lS than two million But while exercisin.g these powers survived. This is a peas9.nt army we should not leave this fact out of whiCh sprung from the peall~ntr and consideration, out of our mind, that there is much strength in Mr. Frank these powers will have to be exercised Anthony's argument that t~ Chinese 0IIl an amergency basis. These army and the Chinese leaders believe 351I Defence AGHAHAYANA 5, Hl84 (SAKA) of India Bm 35 12 that politics comes out of the barrel stands to welcome the missions from. 01 a gun. America and the UK. Which have re- cently come in connection with the These powers are conferred on the arms aid. All these three instances Government to ;~tand and to pro- taken together show the gallery he tect the lJation from aggression of wants to play to. The nation certainly that army of people who are quite de- is not prepared to play to any galle:-y void of the normal working of demo- except to the gallery of Sahyadri or cracies, who have committed this ag- Himadri Or to the gallery of the Indian gression not merely with mala fide Ocean which we want to defend. intl!llltilOns but also because Of their certain ideas about their boundariel These powers which we are con- and even their livelihood. ferring ori the Government should not Whi'}e discussing the Defence of be sparingly used by the Government. India Bill ,with your permission, I My only request to the Home Minis- wish only to refer to certain remarks try is that these powers and their use made by Professor Ranga. Not only should not be controlled and appre- about co-operative farming but the ciated by the normal peace-time learned professor was pleased to state working of the Government. I hope ta~ he was not obliged to play to the Government would see to it that the gallery of Silhyadri. I wish to any person who is wanted to be remind him that the gallery of sahya- behind the bars for the security of dri and the gallery of Himadri are this nation must be behind the bars not different. They have me.rged to- whatever be his status in SOCiety and gether. If the Professor does not whatever be the democratic position feel obliJ:ed to play to the gallery that he holds. of Sahyadri, let him not play to the With this I wish that clause 3 should gaUery Of the star-spangled banner. be passed unanimously and that all He was kind enough' to move an amendments should be withdrawn. amendment tha·t he was particularly thankful to the USA and the UK and Mr. Speaker: The hon. Minister. insisted on that amendmen't to be put Shri Ranga: I thought, the hon. to the vote with the spirit thM it was Minrster was going to reply tomor- as if those persons who Were voting row. Was it not understood that the against that amendment did not re- hon. Minister COUld be expected to cognise the value of the arms aid re- speak tomorrow morning? ceiVed from the USA and the UK. Mr. Speaker: lit was rightly under- We are discussing this Bill under stood. the. shadOw of the cease-fire. Whiae speaking on the Bill Professor Shri Datu: Sir, I am 'Obliged to Ranga was pleased to state before ag- hon. Members on both sides of the reeing to the cease-fire we must Hoouse. for the general support that obtain the prior consent of our friends they have given to the provisions of who have given us arms and am- the Defence 'Of India Bill specially so munition. We are not prepared to far as the conferment of special surrender our sovereignty of the arms powers is concerned. aid or fOr a few barrels of guns. Mr. Speaker: He might continue. Mr. Speaker: The hon. Member tomorrow. must exercise restraint. 18.43 hrs. Shri Shivaji Rao S. Deshmukh: While also arming the Government The Lok Sabha then adjourned tm with these emergecy powers, Profes- Twelve of the Clock on Tuesday. lIor Ranga's another remark is very November 27, 1962jAgrahayana e, pertinent to note. He said that he 1884 (Saka). DAILY DIGmT 3.514 [Monday, Novemb.r 2.6, 196~..aII1Ia S,18SS (SAKA)] COLUMKS CoLm.LNS ·CALLING ATTENTION TO PAPERS LAID ON THE MATTER OF URGENT TABLE comd. PUBLIC IMPORTANCE. 332.3-2., (il) The Minimum Wages Shri Utiya called the atten- (Central) Secnnd tinn of the Minister of Home A'1lendment Rules, Affairs to the crocker explo- I96:z ,published in Noti- sion near Delhi Cloth Mills, ficat;on No. G. S. R. Delhi On the :z:znd Novem- IS42, dated the 17th ber,196:z. November, 196:z, under section 30A of the The Minister of State for M',,'mtlm Wages Act, Home ff~lr (Shri Datar ) 1948• made a statement in regard thereto. MESSAGE FROM RAJYA PAPERS LAID ON THE SABHA 3327 TABLE 33:ZS-:z6 Secretary reported a me.. age The following papers were from Rajya Sabha that at laid on the Table :_ its sitting he'd on the 23rd (I) A copy each of the fol- Novemher, 1962, Rajya lowing Notifications under Sabha had 'greed without sub-section (:Z) of section any amendment to the Customs Bill, 196', pas.ed 3 of the All-India Services by Lok Sahha on the :zut Act, 19S1 :- Novemher, 1962,. (I) G.S.R. No. II40 dated the 1st September, 196:z, making certain further BILL INTRODUCED amendment to Sche- The Manipur (Sales of Motor dUle III to the Indian Spirit and Lubricants) Admini,trative Service Taxation Bill, 1962,. (Pay) RUles, 1954. (it) The Indian Police BILL UNDER CONSIDERA- Service (Uniform) TION . 3337-3sn Amendment Rules. 196:z, published in Noti- Further discussion on the fication No. G.S.R. motion to consider the 1423, dated the 3rd Defence of India Bill was November, I 96:z. concluded. The motion was adopted. The clause- (2) A copy each of the f 1- by-clause consideration was lowing papers :- taken up but not conclud- ed. '(i) The Employees' Pro. vident Funds, (Tenth AGENDA FOR TUESDAY, Amendment) Scheme, NOVEMBER :Z7, 1962/AG- I96:z. pllblished in RAHAYANA6, 18S4(SAKA) Notification No. G.S.R. 1501, dated the loth Clause-by-cl.use consideration November, 1962, under of the Defence of India sub-sec' ion (2) of sec- Bill and p".sing of the Bill, tion 7 f the Employ- and discussion on the yee,' Provident Funds Motion r. : FixatiOD of Act,19S2. price of sugarcane,