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Members to speak. The turn of the Members who have raised one matter a week will come only after every Member's turn is over, if there is time available. Now, you have raised one matter this week. I have to follow some rule. Since Monday, you have been absolutely cooperating with the Chair. Thank you very much, Shri Ram Kripal Yadav. I am obliged to you. 13.02 hrs. CONSTITUTION (ONE HUNDRED AND FOURTH AMENDMENT) BILL, 2005 THE MINISTER OF HUMAN RESOURCE DEVELOPMENT (SHRI ARJUN SINGH): Sir, the Bill for amending the Constitution was introduced yesterday and I beg the House to take up the matter for consideration. I beg to move: "That the Bill further to amend the Constitution of India, be taken into consideration." At the outset, I only want to say a few words to acclaim the House with the background behind this Bill. We may recollect that on 17th August, there was a Calling Attention Motion in the Lok Sabha in which practically Members from across the House, from various political parties, stood up to say that there was a need to address the issue of social justice regarding reservations in educational institutions. As a sequel to that, while replying to the Calling Attention Motion, I had mentioned that the Government is committed to the policy of reservation which ensures social justice and we will try to do everything possible to see that it happens. While the Calling Attention Motion was under discussion, an hon. Member of the House, Shri Nitish Kumar, the present Chief Minister of Bihar, made a suggestion that it would be perhaps be better if a meeting of all political parties of the House could be convened and the issue is discussed there. I accepted his suggestion and, as a consequence of that, a meeting of all political parties was held on 23rd August where, for four hours, this issue was discussed. At the conclusion of that discussion, three things were decided. Verbatim proceedings of the discussion is also available. Firstly, it was decided that there was a need for a Central law to address the issues that have come up before us. The second thing that was decided was that the rights of minorities as enshrined in the Constitution, under article 31 of the Constitution, shall be protected. The third thing that was decided was that the Committee consisting of representatives of political parties would continue to guide in the drafting of the proposed legislation. Soon after the meeting, it was announced in the media. I think, now that is a matter of record, both in the newspapers as well as in the electronic media. Thereafter, we started consultations with leaders of various political parties. I want to put on record my thanks and appreciation to the leaders of various political parties who were kind enough to respond and give us guidance. I do not want to name anyone because everyone cooperated in this matter. As a consequence of that, we prepared a draft. That was then given to the leaders of the political parties. On their reactions, this Bill was drafted. SHRI BRAJA KISHORE TRIPATHY (PURI): Sir, I want to put on record that you have neither given a copy to our Party nor were we invited to the meeting that you convened. MR. SPEAKER: I am sure that that was an unintentional omission. SHRI BRAJA KISHORE TRIPATHY : He said, "all the political parties". Ours is also a political party. MR. SPEAKER: Of course, it should have been given. I take it or presume that it was an unintentional omission. SHRI ARJUN SINGH: Now, the Bill is before the House. I do not want to pre- judge the discussions that would take place and the suggestions that are going to come. We will certainly consider everything that would be said in the House and I will try to answer the queries of the hon. Members to the best of my ability. There is one thing which I want to say. The entire issue that is being addressed by this Bill is the issue of 'social justice'. Our own Constitution, of which we are all very proud of, talks about this in its Preamble. In the very Preamble it says, "We, the people of India". I would like to underline this expression. It is because this does not distinguish between us. The people of India are an entity by themselves. When they have been referred to as an entity, which has given us this Constitution, it has some meaning. In the Preamble, it is said: ".... to secure to all its citizens: Justice, social, economic and political". There can be no justice if there is no social justice. Therefore, it is in this light, I would beg the House to consider this Bill. We shall be grateful for your kind guidance. MR. SPEAKER: Motion moved: "That the Bill further to amend the Constitution of India, be taken into consideration. " SHRI ANANTH KUMAR (BANGALORE SOUTH): Sir, I rise to oppose the Constitution (One Hundred and Fourth) Amendment Bill, 2005. This Bill has been brought before the House in the name of providing social justice to the Scheduled Castes, Scheduled Tribes, weaker sections and Other Backward Classes. Actually, I fail to understand the Government's intention - the UPA Government's intention - how it is going to accord social justice to the deprived section of SCs/STs and Backward Classes, and even economically weaker sections, the poor meritorious students. It is because this is not applicable to minority institutions. 13.11 hrs. (Shri Devendra Prasad Yadav in the Chair) It has been clearly said that 'other than the minority educational institutions referred in clause 1 of article 30'. What is the consequence? The consequence is that more than 50,000 students across the country in all the professional colleges - all aided and unaided minority institutions - will be deprived of admissions. Therefore, I deem this very amendment, which the UPA Government is bringing, is against the social justice, against the intentions of Dr. Baba Saheb Ambedkar, and against the Constitution of India. Through you, I want to draw the attention of hon. HRD Minister that it is against the hon. Supreme Court's judgement also. The hon. Supreme Court in T.A. Pai Foundation versus State of Karnataka has ruled as: "It is difficult to comprehend that the framers of the Constitution would have given such an absolute right to the religious or linguistic minorities which would enable them to establish and administer educational institutions in a manner so as to be in conflict with other parts of the Constitution. We find it difficult to accept that in the establishment and administration of educational institutions by the religious and linguistic minorities, no law of the land, even the Constitution, is to apply to them." What is the Constitution? According to article 46 of the Constitution, to the benefit of the UPA Government, I read out: "The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation." When this Constitution Amendment Bill bars the minority institutions from this Constitution amendment, what will happen to those Scheduled Caste, Scheduled Tribe and Backward Class students? What will happen to the economically weaker section students who are meritorious? Further, the hon. Supreme Court has also said regarding the minority institutions as: "The decisions of this Court have held that the right to administer does not include the right to maladminister. It has also been held that the right to administer is not absolute." What is article 30(1)? It is about giving protection to minority institutions to start and administer the minority institutions. In this regard, the hon. Supreme Court, in the same T.A Pai versus State of Karnataka case, has said: "The right to administer is not absolute but must be subject to reasonable regulations for the benefit of the institutions as the vehicle of education consistent with the national interest." I would like to ask the hon. Minister whether social justice is not a part of the national interest, or, whether social justice should be implemented only in governmental and non-minority institutions and it should not be implemented in minority institutions. If social justice is part of the national interest, then, its implementation should happen not only in the non-minority institutions but also it should happen in the minority institutions. The Supreme Court continues and it has further said: "General laws of the land applicable to all persons have been held to be applicable to the minority institutions also - for example, laws relating to taxation, sanitation, social welfare, economic regulations, public order and morality. " It further says: "The right under Article 30 (1) has therefore not been held to be absolute or above other provisions of the law." And, we reiterate the same. "By the same analogy, there is no reason why regulations or conditions concerning generally the welfare of the students and the teachers should not be made applicable in order to provide a proper academic atmosphere as such provisions do not, in any way, interfere with the right of administration or management under Article 30 (1). " The question is: What is the intent of Article 15 (4) and Article 16 (4) of the Constitution? Especially, Article 15 (4) of the Constitution has very clearly said it. I want to read it out for the benefit of the hon. Minister. "Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

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