LOKSABHA DEBATES

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LOK 8 ABBA SBOBtAUAT NSW r a u n CONTENT*

N 0. 27— VPednstday, Am**' 2), 1978/B M r« 1, I960 (M o)

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Gontfkuuon (Forty-Fifth Amendment' B iU ...... 1-117

Glauses 4 to 49 «nd 1 ...... x-74

Motion to r««» as a m e n d e d ...... 75-II7 Shri Shanii B h u sb an ...... 75*103*07

Shri Jyotirmoy Bosu . . . 75

Shri Raj Narain . . . 75*84

Shri R. Venkataraman ...... 85*88

Shri J. Ramcshwara R a t i ...... 88*90

Shri A. Baki P a j a n o r ...... 90*9$

Shrimati Parvathi K r i s h n a n ...... 96-99 Shri Ratn Kishan ...... 99*102

Papers laid on the T a b l e ...... 118-127

Message trum Rajya S a b h a ...... tag

Calling Attention u> Matter ofl Jrgeni Public Importance . 129-143 Reported throwing o f some rribals into the SubaranarckJh* river at Jamshedpur on i 6 - 8 - 7 b ......

Shri Laxman Rao M a n k a r...... 129*131

Shri S. D. P a t i l ...... 131*136

Shri Yagya D an Sharma ...... 136

Shri ...... 137

Shri P. K. K o d iy a n ...... 137*141

Accounts Committee ...... 143 •fourth and Eighty fifth R e p o r ts ......

R e p o r t ...... 144

to Private Members* Bills and Resolutions hird R e p o r t ...... 145 ..(II) . ;

GttHMMS Statement Re: Visit of Minister of External Affairs to Jgpan tod the Republic o f K o r e a ...... I45"X49

Shri Atal Bihari V a jp a y e e ......

Statutory Resolution re: Disapproval o f Delhi Police Oxdinance, . 1978—Negatived AND

. Delhi Police Bill . 150-264

Motion to c o n s i d e r ......

Shri Shambhu Nath C h a tu rv e d i ...... 150-153

Shri Kanwar Lai G u p ta ...... 153*160

Shri Eduardo F a l e i r o ...... 160*165

Shri Ramanand Tiwari .... 165-171

Shri Dinen Bhaliadtarya 171-17-

Shri Kishore L a i ...... 175*181

Shri Vayajar R a v i ...... 181-186

Shri Vijav Kumar M a l h o t r a ...... 186*191

Sh ri S, G . M u r u g a i y a n ...... 191 -i93

Dr. Ramji S i n g h ...... 193-196

Chowdhry Balbir S i n g h ...... 196-200

Shri R. L .P. Verma ...... 200-202

Dr. Baldcv Prakash .... 202-206

Shri S. D. Patil 206-207

Shrimati Parvathi Krishnan . , , 207-274

Clauses 2 to 152 and 1 ......

Mo lion to pass us iimendrd (House adjourned for want of quorum)

Shri S. D. P a t i l ...... 2 *

Shri Vayalar R a v i ......

Shrimati Parvathi Krishnan .... SABHA DEBATBS

LOK SABHA SHRI VAYALAR RAVI (Chiray- inkil): Sir, after your occupying the seat only the bell was rung. In the "Wednesday, Augtfat 23, 1078 /Bhadra 1, case of quorum, it ii only after the 1000 (S<£ka) bell is rung and there is quorum that the Speaker comes and occupies the seat. In this particular case, after The met at Eleven of the you came end occupied the seat the Clock bell was rung, which means that it was a division bell. Yet, immediately [Mr. Speajmr in the Chair] afterwards, the division bell was rung again, which is not the correct pro­ CONSTITUTION (FORTY-FIFTH cedure. AMENDMENT) BILL-contd. MK SPEAER: There is no point Clause 35 of order. MR. SPEAKER: The House will PROF. P. G. MAVALANKAR no# take up further dause-by-clftuse (Gandhinagar): You came to the consideration of the Bill further to House, and the House w«s duly consti­ amend the Constitution of India. tuted. Then, you called for the divi­ Before I put clause 35 to the vote of sion bell. the House, this being a Constitution MR. SPEAKER: The lobbies have Amendment Bill, voting has to be by been cleared. I have already read out division. Let the lobbies be cleared. the relevant clause earlier. I will The lobbies have been cleared. I read the substance of it again so that shall read clause 35. It says? hon. Members may know wh*t it is about. This clause seeks to omit Part X3V-A of the Constitution relating to •‘Part XIVA of the Constitution administrative tribunals and tribunals shall be omitted.” for other matters in place of High Courts. The said Part XTV-A was SHRI RAM DHAN (Lvlganf): On a point of order, Sir. When this inserted by the Constitution (Forty- House assembled today, the quorum second Amendment) Act. bell and division bell rang together. The question is: There should be A separate bell for the division. Many members are out­ “That Clause 35 Stand part of the side. This confusion has to be Bill." avoided. Th6 Lok Sailha divided: MR. SPEAKER: No, no. SHRI C. M. STEPHEN (IdukM): Sir, I bring to your notice sub-clause THE MINISTER OF LAW, JUSTICE (3) of rule 967A. Anybody who has AND COMPANY AFFAIRS (SHRI not voted must stand up in his seat SHANTI BHUSHAN): VxOm th tte and tell you because, otherwise, it can is # separate b$li for division, mem­ ber* fhay not know. be corrected by anybody. Rule 307A (3) says: H i. SPEAX&: An right. U t the “A member who is not able to db^^opened and let the lobbies east his 'V&e by pressing the button provided for the pttrpoee due t» any 2371 i,.S.—l. 3 Con stitution AUGUST 28, 1078 (45tH Amdt.) Bill

[Shri C Ji. Stephen] wrong button, he may be allowed reason considered sufficient by the to correct his mistake, provided he Speaker, may, with tbe permission brings it to the notice of the Spea­ of the Speaker, have his vote re­ ker before the result of the Division corded verbally by stating whether is announced.” he is in favour of or against the motion, before the result of the There are two different things. Sub­ Division is announced." rule (4) relates to where a member has voted by mistake; sub-rule ( ) (Interruptions) 3 relates to where he has not been able SHRI VASANT SATHE (Akola): to cast his vote. In the case of a I want you to announce the result member who has not been able to now. We do not want any mischief cast his vote, he must stand up and to be done __ (Interruptions) tell the Speaker so that the Speaker may know. So far as a member who MR. SPEAKER: No, no; there is has voted by mistake is concerned, nothing of the sort. he can give a correcting slip. That is SHRI C. M. STEPHEN: As soon «s all the difference. the result appears on the indicator board, the result of the division is Now, the members who say that announced by the Speaker and it can they have not been able to cast their be further corrected subject to sub­ vote may please stand up. I am counting on both sides. I shall call clause (3) of rule 367A. the Members who have not been able THE MINISTER OF PARLIAMEN­ to cast their votes one by one. Mr. TARY AFFAIRS AND LABOUR Patil, you have not been able to cast (SHRI RAVINDRA VARMA): Sir, I your vote. What is your Number? would also like to draw your atten­ tion to sub-clause (4) of rule 887A. SHRI S. D. PATIL: My number is It says: 27. "If a member finds that he has MR. SPEAKER: Please check up. voted by mistake by pressing the Let us go orderly. Mr. Chand Ram wrong button, he may be allowed what is your number? to correct his mistake, provided he brings it to the notice of the Speaker SHRI CHAND RAM; My Number before the result of the division is is 19 . announced.’* (Interruptions) MR SPEAKER: please check up. Shri Hukamdeo Narain Yadav, w h a t MR. SPEAKER: The Leader of the is your number? Opposition has read out sub-rule (3) of Rule 367A. It says: SHRI HUKAMDEO NARAIN “A member who is not able to YADAV; My number is 48. cast his vote by pressing the button MR. SPEAKER: Please check up. provided for the purpose due to any What is your Number? reason considered sufficient by the “Speaker, may, with the permission SHRI SHRIKRISHNA SINGH: My of the Speaker, have his vote re­ number is 081. corded verbally by stating whether he is in favour of or against the MR. SPEAKER: Now you will motion, before the result of the give your numbers on* by one. The Division is announced.** division numbers given by the M«m- Then, sub-rule (4) says: b en are: 87, 59, 70, 88, 74, 127, l » , 148, 170, 178, M l, 805, 850, 861, W, "If a mexriber finds that he has 889, 41, 418, 488, 580, 4M, 512. I Will voted by mistake by pressing the mow ask you to stand up one by s Con stitution BHADRA 1, 1900 (SAKA) (48th Amdt.) Bill 6 and say whether you are for "Ayes? SHRI BL P. KADAM; “Noes”. or "Noes**. SHRI S. D. PATIL; MAyes’\ SHRI BALASAHIB VIKHE PATIL rose. THE MINISTER OP STATE IN CHARGE OF THE MINISTRY OF MR. SPEAKER; Is it for correcting SHIPPING AND TRANSPORT (SHRI or is it that you have not been able CHAND RAM): "Ayes”. t0 vote? SHRI HUKMDEO NARAIN YADAV: “Ayes". SHRI BALASAHIB VIKHE PATIL: My vote has not been recorded. SHRI YUVRAJ: “Ayes” DR. RAMJI SINGH: ‘‘Ayes*’. MR. SPEAKER: You are for ‘Ayes’ or ‘Noes’. SHRI VINODBHAI B. SHETH: “Ayes". SHRI BALASAHIB VIKHE PATIL: SHRI H. L. P. SINHA: “Ayes*. Noes. SHRI MOTIBHAI R. CHAU- DHARY: “Ayes". MR. SPEAKER; Now, there are people who have wrongly voted, they SHRI SHRIKRISHNA SINGH: may send the slips. “Ayes”. SHRI IQBAL SINGH DHILLON: AN HON. MEMBER: This has to “Ayes”. be verified. SHRI JAGDEV SINGH TAT,- MR. SPEAKER: We will verify WANDI; “Ayes”. everythin*. SHRI MADHAV PRASAD TRI- PATHI; “Ayes". irfi tw (* m r ) : SHRI AGHAN SINGH THAKUR: “Ayes”. KW5T qg'tol, cTf^' f*F WTT SRT *ftfbr % fm z z v t iTvrn&r SHRI PRADYUMNA BAL; “Ayes". tnp sq^pqr »PT 5T R 11 TT^T *r*TT *FT SHE I M. A. HANNAN ALHAJ: “Ayes”. SHRI SHARAD YADAV; “Ayes’*. «frr Tlf 5>TT 5T5T sTFft- | I DR. R. ROTHUAMA; “Ayes”. (WPT6T 7) «TKRT SHRIMATI AKBAR JAHAN 5FT 3$rr i («r*rcr-sr) TRtr BEGUM: “Ayes”. STflT I I SHRI A. E. T. BARROW: “Ayes". *f^r % % wtrwt SHRI CH1TTA BASU: "Ayes'*. I (WWW) SHRI NANASAHIB BONDE: “Noes”. MR. SPEAKER: Some Members have said that they voted wrongly. I SHRI EDUARDO FALEIRO: would call them by number. Please “Now”. check that up. Let me know the SHRIMATI MOHSINA KIDWAI: Division Numbers of the Members “Noes”. who have voted wrongly. They are: SHRI K. T. KOSALRAM; W . 398, 167, 182 and 539. Con stitution AUGUST 28. 1978 . (45th 8

♦ ' w r ?it Bfcrwa, Shri Ram Kanwar Bhanwar, Shri Bhagirath 9rff ft*rr ^rr fj^iT ? t*if* Bharat Bhushan, Shri 3wnc wte Sr wfaw far* arr Bhattacharya, Shri Dinen I (wwwro)__ Bhattacharyya, Shri Shyamaprasanna SHRi VASANT SATHE: What is Birendra Prasad, Shri the hon. Member doing? Borole, Shri Yaahwant MR. SPEAKER: When the counting is done, you should not be here. Bosu, Shri Jyotirmoy Please do not come here. Brahm Perkash, Chaudhury Brij Raj Singh, Shri Division No. 25J AYES Burande, Shri Gangadhar Appa [11.11 hrs. Chakravarty, Prof. Dilip Abdul Lateef, Shri Chand Ram) Shri Agrawal, Shri Satish Chandan Singh, Shri Ahuja, Shri Subhash Chandra Shekhar, Shri Akbar Jahan Begum, Shrimati Chandra Shekhar Singh, Shri Alhaj, Shri M. A. Hannan Chandra Pal Singh, Shri Amat, Shri D. Chandrappan, Shri C. K. Amin, Prof. R. K. Chandravati, Shrimati Anbalagan, Shri P. Charan Narzary, Shri Algal, Shri Chhabiram Chatterjee, Shri Somnath Arif Beg, Shri Chaturbhuj, Shri Arunachalam alias ‘Aladi Aruna’ Shri V. Chaturvedi, Shri Shambhu Nath Asokaraj, Shri A. Chaudhary, Shri Motibhai R. Bagri, Shri Mani Ram Chaudhry, Shri Ishwar Bahuguna, Shrimati Kamala Chaudhuri, Shri Tridib Bairagi, Shri Jena Chaudhury, Shri ftudra Sen Bal, Shri Pradyumna Chauhan, Shri Nawab Singh Balak Ram, Shri Chavda, Shri K. S. Balbir Singh, Chowdhry Chhetri, Shri Chhatra Bahadur Baldev Prakash, Dr. Chowhan, Shri Bharat Singh Barrow, Shri A. E. T. DartdaVate, Prof. Basappa, Shri Kondajji Danwe, Shri Pundalik Hari Basu, Shri Chitta Das, Shri S. S. Bateshwar Hemram, Shri Daa,ShriR.P. 9 OHtititutton BHADRA 1, 1900 (SAKA) (45th Amdt.) Bill

Dasgupta, Shri K. N. Joahi, Dr. Murli Manohar Dave, Shri Anant Kachwai, Shri Hukam Chand Dawn, Shri Raj Krishna Kaibo, Shri Deo, Shri P. K. Kailash Prakash, Shri Desai, Shri Morarji Kakade, Shri Saxnbhajirao Deshmukh, Shri Nanajl Kaldate, Dr. Bapu Deshmukh, Shri Ram Prasad Kamble, Shri B. C. Dhandayuthapani, Shri V. Kannan, Shri P. Dhillon, Shri Iqbal Singh Kapoor, Shri L. L. Dhurve, Shri Shyamlal Kar, Shri Sarat Digvijoy Narain Singh, Shri Kasar, Shri Amrut Durga Chand, Shri Kaushik, Shri Purushottam Dutt, Shri Asoke Krishna Khan, Shri Ghulam Mohammad Fazlur Rahman, Shri Khan, Shri Kunwar Mahmud Ali Fernandes, Shri George Kishore Lai, Shri Ganga Singh, Shri Kisku, Shri Jadunath Gattani, Shri R. D. Kodiyan, Shri P. K. Ghosal, Shri Sudhlr Krishan Kant, Shri Girjanandan Singh, Shri Kundu, Shri Samarendra Godara, Ch. Hari Ram Makkasar Kureel, Shri Jawala Prasad Gore, Shrimati Mrinal Kushwaha, Shri Ram Naresh Goswami, Shrimati Bibha Ghosh Lahanu Shidava Kom, Shri Gowda, Shri S. Nanjesha Lalji Bhai, Shri Gupta, Shri Kanwar Lai Lalu Prasad, Shri Haider, Shri Krishna Chandra Mahale, Shri Shankar Harikesh Bahadur, Shri Mahata, Shri C. R. Hazari, Shri Ram Sewak Mahi Lai, Shri Heera Bhai, Shri Maiti, Shrimati Abha Hukam Ram, Shri Malhotra, Shri Vijay Kumar Inder Singh, Shri Mallick, Shri Rama Chandra Jain, Shri Kacharulal HemraJ Mandal, Shri B. P. Jain, Shri Kalyan Mandal, Shri Dhanik Lai Jain, Shri Nirmal Chandra Mandal, Shri Mukunda Jaiswal, Shri Anant Ram Mangal Deo, Shri Jasrotia, Shri Baftev Singh Mankar, Shri Tlnvm»n H it j i Co nstitution AUGUST 23, 1978 (45th A m ity Bill

Mathur, Shri Jagdish Prasad Patil, Shri S. D. ' Mavalankar, Prof. P. G. Patnaik, Shri Biju Meerza, Shri Syed Kazim AW tnaik, Shri Sivaji Mehta, Shri Prasannbhai Patwary, Shri H. L. Mhalgi, Shri R. K. Periasamy. Dr. P. V. Miri, Shri Govind Ram Phirangi Prasad, Shri Mishra, Shri Janeshwar Pipil, Shri Mohan Lai Mishra, Shri Shyamnandan Pradhan, Shri Amar Roy Modak, Shri Bijoy Pradhan, Shri Pabitra Mohan Mohanarangam, Shri Ragavalu Raghavendra Singh. Shri Mohd. Hayat Ali, Shri Raghavji, Shri Mondal, Dr. Bijoy Raghu Ramaiah, Shri K. Mukherjee, Shri Samar Rai, Shri Gauri Shankar Multan Singh, Chaudhary Rai, Shri Narmada Prasad Munda, Shri Govinda Rai, Shri Shiv Ram Munda, Shri Karia Raj Keshar Singh, Shri Murugaiyan, Shri S. G. Raj Narain, Shri Nahar, Shri Bijoy Singh Rajan, Shri K. A. Narendra Singh, Shri Ram, Shri R. D. Nayak, Shri Laxmi Narain Ham Charan, Shri Negi, Shri T. S. Ram Dhan, Shri Onkar Singh, Shri Ram Gopal Singh, Chaudhury Oraon, Shri Lalu Ram Kinkar, Shri Pandeya, Dr. Lexminjarayan Ram Kishan, Shri Pandit, Dr. Vasant Kumar Ram Murti, Shri Paraste, Shri Dalpat Singh Ram Sagar, Shri Parmai Lai, Shri Ramachandran, Shri P. Par mar, Shri Natwarlal B. Ramalingam, Shri P. S. Parthasarthy, Shri P. Ramapati Singh, Shri Paswan, Shri Ram Vilas Ramaswamy, Shri S. Patel, Shri Dharamasinhbhai Ramji Singh, Dr, Patel, Shri H. M. Patel, Km. Maniben Vallabhbhai Rangnekar, Shrimati Ahilya P. Patel, Shri Meetha Lai Ranjit Singh, Shri Patidar, Shri Rameshwar Rathor, Dr. Bhagwac Dasg Patil, Shr! Chandrakant Ravindra Pratap Singh, Shri i 3 Constitution BHADRA 1, 1900 (SAKA) (« th Arndt.) BiU Roiriguas, Shri Rudtfph Shrikrishna Singh, Shri Rsthuama, Dr. R. Shukla, Shri Madan Lai Ray, Shri A. X. Singh, Dr. B. N. Roy, Dr. Saradish Singha, Shri Sachindralal Saeed Murtaza, Shri Sinha, Shri C. M. Saha, Shri A. K. Sinha, Shri H. L. P. Saha, Shri Gadadhar Sinha, Shri Iff. P. Sahoo, Shri Ainthu Sinha, Shri Purnanarayan Sai, Shri Larang Sinha, Shri Satyendra Narayan Sal, Shri Narhari Prasad Sukhdeo Somani, Shri Roop Lai Saini, Shri Manohar Lai Somasundaram, Shri S. D. Samantasinhera, Shri Padmacharan Sukhendra Singh, Shri Sanyal, Shri Sasankaaekhar Suman, Shri Ramji Lai Saran, Shri Daulat Ram Suman, Shri Surendra Jha Sarangi, Shri R. P. Suraj Bhan. Shri Sarda, Shri S. K. Swamy, Dr. Subramaniam Sardar, Shri Mahendra Narayaa Swatantra, Shri Jagannath Pragad Sarkar, Shri S. K. Talwandi, Shri Jagdev Singh Sarsonia. Shri Shiv Narain Tan Singh, Shri Satapathy. Shri Devendra Tej Pratap Singh. Shri Satya Deo Singh, Shri Thakur, Shri Aghan Singh Sen, Shri Robin Tirkey, Shri Pius Shah, Shri Surath Bahadur Tiwary, Shri D. N. Shaiza, Shrimati Rano M. Tiwary, Shri Madan Shakya, Dr. Mahadeepak Singh Tohra. Shri G. S. Shanti Devi, Shrimati Tripathi, Shri Madhav Prasad Sharma, Shri Jagannath Ugrasen, Shri Sharma, Shri Rajendra Kumar Vajpayee, Shri Atal Biharx Sharma, Shri Yagya Datt Varma, Shri Ravindra Shastri. Shri Y. P. Vasiaht, Shri Dharma Vir Shejwalkar Shri N. K. Verma, Shri Hargovind Sheo Narain, Shri Verma, Shri R. L. P. Sher Singh, Prof. Verma, Shri Sukhdeo Prasad Sheth, Shri Vinodbhal B. Visvanathan, Shri C. N. Shiv Sampati Ram, Shri Yadav, Shri Hukmdeo Narain 15 Con stitution AUGUST 23, 183$ (45th AmAt.) Bill Yadav, Shri Narsingh Jeyalakshmi, S & M # Y- Yadav, Shri Ramji Lai Kadam, Shri B. P. Yadav, Shri Sharad Kamakshaiah, Shri D. Yadav, Shri Vinayak Prasad Karan Singh, Dr. Yadava, Shri Roop Nath Singh Khan, Shri Ismail Upuftin Yadvendra Dutt, Shri Khrime, Shri Rinching Khandu Yuvraj, Shri Kosalram, Shri K. T. Zulfiquarullah, Shri Lakshminarayanan, Shri M. R. NOES Laskar, Shri Nihar Ahsan Jafri, Shri Mallanna, Shri K. Ankineedu, Shri Mag anti Mallikarjun, Shri Arunachalam, Shri M. Mane, Shri Rajaram Shankarrao Banatwalla, Shri G. M. Mirdha, Shri Nathu Ram Basu, Shri Dhirendranath Murthy, Shri M. V. Chandrashekhara Bhakta, Shri Manor an j an Naidu, Shri P. Rajagopal Bonde, Shri Nana sahib Naik. Shri S. H. Borooah, Shri D. K. Nair, Shri M. N. Govindan Burman, Shri Kirit Bikram Deb Nair, Shri N. Sreekantan Chavan, Shri Yeshwantrao Narayana, Shri K. S. Chikkalingiah, Shri K. Patel, Shri Ahmed M. Dabhi, Shri Ajitainh Patil, Shri Balamheb Vikhe Damor, Shri Somjibhai Patil, Shri D. B. Dasappa, Shri Tulsidas Poojary, Shri Janardhana Deot Shri V. Kishore Chandra S. Pradhani, Shri K. Desai, Shri Hitendra Pullaiah, Shri Darur Doley, Shri L. K. Rachaiah, Shri B. Engti, Shri Biren Ramalingam, Shri N. Kudanthai Faleiro, Shri Eduardo Hamamurthy, Shri K- Gamit, Shri Chhitubhai Rao, Shrimati B. Radh&bai Ananda George, Shri A. C. Rao, Shri J- Rameshwar Gomango, Shri Giridhar Rao, Shri M. S. Sanjeevi Gopal, Shri K. Rao, Shri M. Satyanarayan Gotkhinde, Shri Annnasaheb Rath, Shri Ramachan

get through this Constitution (Amend­ Reddy, Shri G. ment) Bill with the co-operation Reddy, Shri K. Obvl the Opposition; it is not only our res­ ponsibility. I feel upcet that Members Reddy, Shri K. Vijaya Bhaskara from that side feel that we are doing Reddy, Shri M. Ram Gopal some trick here and they are making all sorts of — (Interruptions). Reddy, Shri S. R. When voting is going on, I see no point Roy, Shri Saugata in any Member making any accusa­ tion against another Member. At the Sathe, Shri Vasant time of voting it is only between the Chairman and the Member concerned. Satyjunarayana, Shri Dronam Raju I am sorry that Members from th* Seyid Muhammad, Dr. V. A. opposition side do not maintain that much decorum. I appeal to them ---- Shankar Dev, Shri (Interruptions). Shrangare, Shri T. S. SHRI VASANT SATHE: It is orly Stephen, Shri C. M. when a Member was wanting to vote twice that Shri Saugata Roy raised.... Subramaniam, Shri C. (Interruptions). Sunna Sahib, Shri A. MR. SPEAKER: Please clear the Swaminathan, Shri R. V. lobbies. Thakur, Shri Krishnarao SHRI C. M. STEPHEN: I just want Thorat, Shri Bhausaheb to say a word. Shri Chandra Shekhar Tulsiram, Shri V. says that the passing of the constitu­ tion (Amendment) Bill is the respon­ Veerabhadrappa, Shri K. S. sibility of everybody. It is. Rut it Venkataraman, Shri R. must be noted that in spite of the massive majority that the ruling party enjoys, it has not been able to muster MR- SPEAKER: The result of the enough members to give a voting stren­ division is: gth even at the very start. That shows Ayes 277; Noes 81. that the whole party is not solemnly behind this Constitution (Amendment) I will give you the break-up. BilL Ayes: 252 Original. 25 Later Noes: 79 Original. 2 Later. MR. SPEAKER; Let the lobbies be cleared. The motion is carried by a majority of the total membership of the Clause 38 House and by a majority of not less than two-thirds of the Members pre­ MR. SPEAKER: The lobbies have sent and voting. been cleared. Now we go to Clause 38. This Clause seeks to amend article 392 The motion was adopted. relating to Proclamation of Emergency Clause 35 was added to the Bill. to provide for various safeguards against abuse of powers under the arti­ SHRI CHANDRA SHEKHAR (Balia): cle. Sir, I have just to say a word. I am sorry for losing m y temper while the Before I put Clause 38 to the vote voting was going on. I want just to of the House, I may inform the House make one point clear. We want to that this being a Constitutional 19 Con stitution AUGUST 23, 1978 (45th Amdt.) BUI Amendment Bill, voting has to be by Basu, Shri Dhirendranath division. Bateshwar Hemram, Shri The question is: Berwa, Shri Ram Kanwar “That Clause 38 stand part of the Bhagat Ram, Shri BilL” Bhanwar Shri Bhagirath The Lok Sabha divided: Bharat Bhushan, Shri ttviston No. 26] [H-52 hrs. Bhattacharya, Shri Dinen AYES Bhattacharyya, Shri Shyamaprasanna Birendra Prasad. Shri Abdul Lateef, Shri Bonde, Shri Nanasahib Agrawal, Shri Satish Barole, Shri Yeshwant Ahsan Jafri, Shri Abuja, Shri Subhash Bosu, Shri Jyotirmoy Akbar Jahan Begum, Shrimati Brahm Perkash, Chaudhury Alhaj, Shri M. A. Hannan Brij Raj Singh. Shri Burande. Shri Gangadhar Appa Aroat, Shri D. Chakravarty, Prof. Dilip Amin, Prof. R. K. Anbelagan, Shri P. Chand Ram, Shri Chandan Singh. Shri Ankineedu Prasada Rao, Shri Ansari, Shri Paquir All Chandra Shekhar Singh, Shri Argal, Shri Chhabiram Chandra Pal Singh, Shri Chandrappan, Shri C. K. Arif Beg, Shri Arunachalam, Shri V. Chandravati, Shrimati Aaokaraj, Shri A. Charan Narzary, Shri Bagri, Shri Man! Ram Chatterjee, Shri Somnath Babuguna, Shrimati Kamala Chaturbhuj, Shri Bairagi, Shri Jena Chaturvedi, Shri Shambhu Nath Bal, Shri Pradyumna Chaudhary, Shri Motlbhai R. Balak Ram, Shri Chaudhry, Shri Ishwar Balbir Singh, Chowdhry Chaudhuri, Shri Tridib Baldev Prakash, Dr. Chaudhury, Shri Rudra Sen Banatwalia, Shri G. M. Chauhan, Shri Nawab Singh Barman, Shri Palas Chavda, Shri K. S. Barrow, Shri A. E. T. Chhetri, Shri Chhatra Bahadur Baseppa, Shri Kondajl Chowhan, Shri Bharat Singh Basu, Shri Chitta Dandavate, Prof. Madhu 21 Constitution BHADRA 1, 190 0 (SAKA) (49th Amdt.) BiU 22

Danwe, Shri Pundalik Hari Gulahan, Shri Dhanna Singh Das, Shri S. S. Gupta, Shri Kanwar Lai Das, Shri R. P. Haider, Shri Krishna Chandra Dasappa, Shri Tulsidas Haren Bhumij, Shri Dasgupta, Shri K. N. Harikesh Bahadur, Shri Dove, Shri Anant Hazari, Shri Ram Sewak Dawn. Shri Raj Krishna Heera Bhai, Shri Deo. Shri P. K. Hukam Ram, Shri Deo. V. Kishore Chandra S. Inder Singh, Shri Disai. Shri Hitendra Jagannathan, shri S. Df*sai, Shri Morarji Jagjivan Ram, Shri Deshmukh. Shri Nanaji Jain, Shri Kacharulal Hemraj Dcshmukh, Shri Ram Prasad Jain. Shri Kaiyan Dhandayuthapani, Shri V. Jain, Shri Nirmal Chandra Dhara. Shri Sushil Kumar Jaiswal, Shri Anant Ram Dhillon, Shri Iqbal Singh Jasrotia, Shri Baldev Singh Dhurve. Shri Shyamlal Joshi, Dr. Murli Manohar Digvijoy Narain Singh, Shri Kachwai, Shri Hukam Chand Durga Chand, Shri Kadannappalli, Shri Ramachandran Dutt, Shri Asoke Krishna Kaiho, Shri Fazlur Rahman, Shri Kailash Prakash, Shn Fernandes. Shri George Kakade, Shri Sambhajirao Ganga Bhakt Singh, Shri . Kaldate, Dr. Bapu Ganga Singh, Shri Kamath, Shri Hari Vishnu Gattani. Shri R. D. K amble, Shri B. C. George. Shri A. C. Kannan, Shri P. Ghosal, Shri Sudhir Kapoor, Shri L. L. Godara, Ch. Hari Ram Makkasar Kar, Shri Sarat Gode, Shri Santoshrao Karan Singh, Dr. Gore, Shrimati Mrinal Kasar, Shri Amrut GoswamI, Shrimati Blbha Ghosh Kaushik, Shri Puru*hottam Gotkhinde, Shri Annasaheb Khalsa, Shri Basant Singh Gowda, Shri S. Nanjesha Khan, Shri Ghulam Mohammad Goyal, Shri Krishna Kumar Khan, Shri Ismail Hossain Guha, Prof. Samar Khan, Shri Kunwar Mahmud All Con stitution AUGUST 23, 1978 (45th A m # .) Bill

Khan, Shri Mohd. Shamsul Hasan Mayathevar, Shri K. Khrime, Shri Rinching Khandu Meerza, Shri Syed Kazim All Kishore Lai, Shri Mehta, Shri Prasannbhai Kisku, Shri Jadunath Mhalgi, Shri R. K. Kodiyan, Shri P. K. Mirdha, Shri Nathu Ram Kolur, Shri Rajshekhar Miri, Shri Govind Ram Krishan Kant, Shri Mishra, Shri Janeshwar Krishnan, Shrimati Parvathi Mishra, Shri Shyamnandan Kundu, Shri Samarendra Modak, Shri Bijoy Kunhambu, Shri K. Mohanarangam, Shri Ragavalu Kureel, Shri Jwala Prasad Mohd. Hayat Ali, Shri Kureel, Shri R. L. Mondal, Dr. Bijoy Kushwaha, Shri Ram Naresh Mritunjay Prasad, Shri Lahanu Shidava Kom, Shri Mukherjee, Shri Samar Lakshminarayanan, Kiri M. R. Multan Singh, Chaduhary Jji Bhai, Shri Munda, Shri Govinda Lalu Prasad, Shri Munda, Shri Karia Limaye, Shri Madhu Murugaiyan, Shri S. G. Mahala, Shri K. L. Murugesan, Shri A. Mahale, Shri Hari Shankar Nahar, Shri Bijoy Singh Mahata, Shri C. R. Nahata, Shri Amrit Mahi Lai, Shri Narayana, Shri K. S. Mahishi, Dr. Sarojini Narendra Singh, Shri Maiti, Shrimati Abha Nayak, Shri Laxmi Narain Malhotra, Shri Vi jay Kumar Nayar, Dr. Sushila Malik, Shri Mukhtiar Singh Negi, Shri T. S. Mallick, Shri Rama Chandra Oraon, Shri Lalu Mandal, Shri B. P. Pandey, Shri Ambika Prasad Mandal, Shri Dhanik Lai Pandeya, Dr. Laxminarayan Mandal, Shri Mukunda Pandit, Dr. Vasant Kumar Mane, Shri Rajaram Shankarrao Paraste, Shri Dalpat Singh Mangal Deo, Shri Parmai Lai, Shri Mankar, Shri Laxman Rao Parmar, Shri Natwarlal B. Mathur, Shri Jagdish Prasad Parthasarathy, Shri P. Mavalankar, Prof. P. G. Paswan, Shri Ram Vila# *5 Constitution BHADRA 1000 (SAKA) (45th Amdt.) Bill 26

Patel, Shri Dharmasinhbhai Ram Murti, fi!tei Patel, Shri H. M. Ram Sagar, Shri Patel, Km. Manlben VaUabhbhai Ramachandran, Shri P. Patel, Shri Meetha Lai Ramalingam, Shri P. S. Patidar, Shri Rameshwar Patil, Shri Balasaheb Vikhe Ramapati Singh, Shri Patil, Shri Chandrakant Ramaswamy, Shri S. Patil, Shri S. B. Ramdas Singh, Shri Patil, Shri S. D. Ramji Singh, Dr. Patnaik, Shri Biju Ramjiwan Singh, Shri Patnaik Shri Sivaji Ramoowalia, Shri Balwant Singh Patwary, Shri H. L. Rangnekar, Shrimati Ahilya P. Periasamy, Dr. P. V. Rao, Shri J. Rameshwar Phirangi Prasad, Shri Rathor, Dr. Bhagwan Dass Pipil, Shri Mohan Lai Ravi, Shri Vayalar Pradhan, Shri Amar Roy Ravindra Pratap Singh, Shri Pradhan, Shri Pabitra Mohan Reddy, Shri G. Narsimha Qureshi, Shri Mohd. Shaft Reddy, Shri M. Ram Gopal Raghavendra Singh, Shri Rodrigues, Shri Rudolph Rothuama, Dr. R. Raghavji, Shri Raghu Ramaiah, Shri K. Roy, Dr. Saradish Rahi, Shri Ram Lai Roy, Shri Saugata Rai, Shri Gauri Shankar Saeed Murtaza, Shri Rai, Shri Narmada Prasad Saha, Shri A. K. Rai, Shri Shiv Ram Saha, Shri Gadadhar Raj Keshar Singh. Shri Sahoo, Shri Ainthu Sai, Shri Larang Raj Narain, Shri Rajan, Shri K. A. Sai, Shri Narhari Prasad Sukhdeo Rakesh, Shri R. N. Saini, Shri Manohar Lai Ram, Shri R. D. Samantasinhera, Shri Padmacharan Ram Charan, Shri Sanyal, Shri SasankasekhaT Ram Dhan, Shri Saran, Shri Dauliat Ram Ram Gopal Singh, Chaudhury Sarangi, Shri R. P. Ram Kinkar, Shri Sardar, Shri Mahehdra Narayan Ram Kiahan, Shri Sarsonia, Shri Shiv Narain Con stitution AUGUST 23, 1978 (45th Arndt.) Bill ag

Satapathy, Shri Devendra Suraj Bhan, Shri Satya Deo Singh, Shri Surya Narain Singh, Shri Sayian Wala, Shri Mohinder Singh Swamy, Dr. Subramaniam Sen, Shri Robin Swatantra, Shri Jagannath Prasad Shah, Shri D. P. Talwandi, Shri Jagdev Singh Shah, Shri Surath Bahadur Tan Singh, Shri Shaiza, Shrimati Rano M. Tej Pratap Singh, Shri Shakya, Dr. Mahadeepak Singh Thakur. Shri Aghan Singh Shanti Devi, Shrimati Thakur, Shri Krishnarao Sharma, Shri Jagannath Tirkey, Shri Pius Sharma, Shri Rajendra Kumar Tiwari, Shri Brij Bhushan Sharma, Shri Yagya Datt Tiwary, Shri D. N. Shastri, Shri Bhanu Kumar Tiwary, Shri Madan Shastri, Shrj Ram Dhari Tohra, Shrj G. S. Shastri, Shri Y. P. Tombi Singh, Shri N. Shejwalkar, Shri N, K. Tripathi, Shri Madhav Prasad Sheo Narain, Shri Ugrasen, Shri Sher Singh, Prof. Vajpayee, Shri Atal Bihari Sheth, Shri Vinodbhai B. Varma. Shri Ravindra Shiv Sampati Ram, Shrj Vasisht, Shri Dharma Vir Shrangare, Shri T. S. Verma, Shri Brijlal Shrikrishna Singh, Shri Verma, Shri Hargovind Shukla, Shri Madan Lai Verma, Shri R. L. P. Singh, Dr. B. N. Verma, Shri Sukhdeo Prasad Singha, Shri Sachindralal Visvanathan, Shri C. N. Sinha, Shri C. M. Yadav, Shri Hukmdeo Narain Sinha, Shri H. L. P. Yadav, Shri Narsingh Sinha, Shri M. P. Yadav, Shri Ramji Lai Sinha, Shri Satyendra Narayan Yadav, Shri Sharad Somani, Shri Roop Lai Yadav, Shri Vinayak Prasad Somasundaram, Shri S. D. Yadava, Shri Roop Nath Singh Sukhendra Singh, Shri Yadvendra Dutt, Shri Suman, Shri Ramji Lai Suman, Shri Surendra Jha Yuvraj, Shri Sunna Sahib, Shri A. Zulflquarullah, Shri 29 Constitution BHADRA 1, 1900 (SAKA) (45 th Amdt.) BiU 30

NOES Pertin, Shri Bakin Ankineedu, Shri Maganti Poojary, Shri Janardhana Arunachalam, Shri M. Pradhani, Shri K. Bhakta, Shri Manoranjan Pullaiah, Shri Darur Borooah, Shri D. K. Rachaiah, Shri B. Burman, Shri Kirit Bikram Deb Raju, Shri P. V. G. Chavan, Shrimati P. Ramalingam, Shri N. Kudanthai Chavan, Shri Ycshwantrao Ramamurthy, Shri K. Chikkalingiah, Shri K. Rao, Shrimati B. Radhabhai Ananda Dabbi, Shri Ajitsinh Rao, Shri M. S. Sanjeevi Damor, Shri Somjibhai Rao, Shri M. Satyanarayan Doley, Shri L. K. Rath, Shri Ramachandra Engti, Shri Biren Rathawa, Shri Amarsinh V. Gamit, Shri Chhitubhai Reddi, Shri G. S. Gomango, Shri Giridhar Reddy, Shri K. Brahmananda Jeyalakshmi, Shrimati V. Reddy, Shri K. Obul

Kadam, Shri B. P. Reddy, Shri P. Bayappa Kamakshaiah, Shri D. Reddy, Shri S. R. Kidwai, Shrimati Mohsina tSarkar, Shri S. K. Kosalram, Shri K. T. Sathe, Shri Vasant Lakkappa, Shri K. Satyanarayana, Shri Dronam Raju Laskar, Shri Nihar Shankar Dev, Shri Mallanna, Shri K. Stephen, Shri C. M

Mallikarjun, Shri Subramaniam, Shri C.

Mishra, Shri G. S. Swaminathan, Shri R. V. Murthy, Shri M. V. Chandrashekhara Thomas, Shri Skariah Naidu, Shri P. Rajagopal Thorat. S'hri Bhausaheb Naik, Shri S. H. Tulsiram, Shri V. Naik, Shri V. P. Veerabhadrappa, Shri K. S. Nair, Shri N. Sreekantan Venkataraman, Shri R. Patel, Shri Ahmed M. Venkatareddy, Shri P. tWrongly voted for NOES. Const itution AUGUST 28, 1978 (45th Amdt.) Bill 3»

MR. SPEAKER: Subject to Asoka raj, Shri A correction, the result* of the Division Bagri, Shri Mani Kim is: Ayes 340; Noes 61. Bahuguna, Shrimati Rftmala Ifce motion is carried by a majority •f the total membership of the House Bairagi. Shri Jeria and by a majority of not less than two-thirds of the Members present Bal, Shri Pradyumha and voting. Clause 38 stands part of Balak Rata, Shri the Bill. Balbir Singh, Chowdhry The motion was adopted. Baldev Prakash, Dr. Clause 38 was added to the Bill. Clause 44 Barman, Shri Palas Barrow, Shri A. R T. MR. SPEAKER: Now we go to Clause 44. This Clause seeks to amend Basappa, Shri Kondajji article 388 of the Constitution to in­ cluded therein provisions for explain- Basu, Shri Chltta ing the significance of the expressions Bateshwar Hemram, Shri “SECULAR” and “SOCIALIST” as used in the Preamble. Berwa, Shri Ram Kanwar The question is: Bhagat Ram, Shri “That Clause 44 stand part of the Bhanwar, Shri Bhagirath Bill”. Bharat Bhushan, Shri

The Lok Sabha divided : Bhattacharya, Shri Dinen Bhattacharyya, Shri Shyamaprasanna Division No. 27) ('11.56 hrs. Birendra Prasad, Shri AYES Borole, Shri Yashwant Abdul Lateef, Shri Bosu, Shri Jyotlrmoy Agarwal, Shri Satish Brahm Perk ash, Chaudhury Ahuja, Shri Subhash Brij Raj Singh, Shri Akbar Jahan Begum, Shrimati Burande, Shri Gangadhar Appa Alhaj, Shri M. A. Hannan Chakravarty, Prof. Dilip Amin, Prof. R. K. Chand Ram, Shri Ansarl, Shri Faquir All Chandan Singh, Shri Argal, Shri Chhabiram Chandra Shekhar, Shri Chandra Shekhar Singh, Shri Arif Beg, Shri Chandra Pal Singh, Shri Arunachalam alias ‘Aladi Aruna’, Shri Chandravati, Shrimati •The following Members also re-corded their votes; AYES: Sarvashri Chandra Shekhar, A. Bala Pajnor, Pumanarayan Sinha, S. K. Sarda, George Mathew, Ranjit Singh, end S. K. Sarkar. NOES: Sarvashri M. N. Govindan Nair and Bedabrata Barua. Con#ttttttio» BHABRA 1, IM i (SAKA) (45th Arndt.) BiU 34

Outran Narzary, Shri Gore, Shrimati Mrinal Chaturbhuj, Shri Gowda, Shri S. Nanje*ha Chaturvedi, Shri Shambhu Nath Goyal, Shri Krishna Kumar Cbaudhary, Shri Motfijhai R. Guha, Prof. Samar Chaudhry, Shri Ishwar Gulshan, Shri Dhanna Singh Chaudhury, Shri Rudra Sen Gupta, Shri Kanwar Lai Haider, Shri Krishna Chandra Chauhan, Shri Nawab Singh Harlkesh Bahadur, Shri Chavda, Shri K. S. Hazari, Shri Ram Sewak Chhetri, Shri ChhaSra Bahadur Heera Bhai, Shri Chowhan, Shri Bharat Singh Hukam Ram, Shri Dandavate, ProI. Madhu Inder Singh, Shri Danwe, Shri Pundalik Hari Jagjlvan Ram, Shri Das, Shri S. S. Jain, Shri Kacharulal HemraJ Das. Shri R P. Jain, Shri Kalyan Dasgupta. Shri K. N. Jain, Shri Nirmal Chandra Dave, Shri Anant Jaiswal, Shri Anant Ram Dawn, Shri Raj Krishna Jasrotia, Shri Baldev Singh Deo, Shri P. K. Joshi, Dr. Murli Manohar Desai, Shri Morarji Kachwai, Shri Hukam Chand Deshmukh, Shri Nanaji Kaiho, Shri Deshmukh, Shri Ram Prasad Kailash Prakash, Shri Dhandayuthapani, Shri V. Kakade, Shri Sambhajirao Dhara, Shri Sushil Kumar Kaldate, Dr. Bapu Dhillon. Shri Iqbal Singh Kamath, Shri Hari Vishnu Dhurve, Shri Shyamlal Kapoor, Shri L. L.

Digvijoy Narain Singh, Shri Kar, Shri Sarat Durga Chand, Shri Kasar, Shri Amrut Dutt, Shri Asoke Krishna Kau^hik, Shri Purushottam Fazlur Rahman, Shri Khalsa, Shri Basant Singh Fernandes, Shri George Khan, Shri Ghulam Mohammad Ganga Bhakt Singh, Shri Khan, Shri Kunwar Mahmud Ali Ganga Singh, Shri Khrime, Shri Rlnching Khandu Gattani, Shri R. D. Kishore Lai, Shri Ghoaal, Shri Subhir KiSku, Shri Jadunath 3571 LS—3. 35 • • Constitution AtlGUST 23, 1973 (45th A m dt) Bill

Kolanth aivelu, Shri JR. Mohanarangam, S hri Ragavaju. Krishan Kant, Shri Mohinder Singh, Shri Xundu, Shri Samarendra Mbndal, Dr. Bijoy Kureel, Shri Jwala Prasad Mritunjay Prasad, Shri Kureel, Shri R. L. Mukherjee, Shri Samar Kushwaha, Shri Ram Naresh Multan Singh, Chaudhary Lahanu Shidava Korn, Shri Munda, Shri Govinda: (pLakkappa, Shri K. Munda, Shri Karia. Laljl Bhai, Shri Nahar, Shri Bijoy Singh Lalu Prasad, Shri Nahata, Shri Amril Limaye, Shri Madhu Narendra Singh, Shri Mahala, Shri K. L, Nayak, Shri Laxmi Narain Mahale, Shri Hari Shankar Nayar, Dr. Sushila Mahata, Shri C. R. Negi, Shri T. S. Mahi Lai, Shri Oraon, Shri Lalu Mahishi, Dr. Sarojini Pandey. Shri Ambika Prasad Maiti, Shrimati Abha Pandeya. Dr. Laxn\inaray;u» Malhotra, Shri Vijay Kumar Malik, Shri Mukhtiar Singh Pandit. Dr. Vasant Kumar Mallick, Shri Rama Chandra Paraste. Shri Dalpat Singh, Mandal. Shri B. P. Parmai Lai. Shri Mandal. Shri Dhanik Lai Parmar, Shri Natwarlal B_ Mandal, Shri Mukunda Parthasarathy. Shri P*. Mangal Deo, Shri Mankar, Shri Laxman Rao Paswan, Shri Ram Vilas Matbur, Shri Jagdish Prasad Patel, Shri Dharmasinhbhai Mavalankar, Prof. P. G. Patel. Shri H. M. Meerza, Shri Syed Kazim Ali Patel. Km. Maniben Vallabhbhaft Mehta, Shri Prasannbhai Patel. Shri Meetha Lai Mhalgi, Shri R. K. Patidar, Shrf Rameshwar Miri, Shri Govind Ram Patil, Shri Chandrakant Mishra, Shri Janeshwar Patil, Shri S. D. Mishra, Shri Shyamnandan Patoaik, Shri Biju Modak, Shri Bijoy PatnaHc, Shri Slvaji j# Wrongly voted for AYES. 37 Constitution BHADRA 1, 1900 (SAKA) (45th Amdt.) Bill

Patwarjr, Shri H, L, Samantasinhera, Shri PadmacharMi Phirangi Prasad, Shri Sanyal, Shri Sasankasekhar Pipil, Shri Mohan Lai Saran, Shri Daulat Ram Pradhan, Shri Amar Roy Sarangi, Shri R. p. Pradhan. Shri Pabitra MohSm Sarda. Shri S. K. Raghavendra Singh, Shri Sardar, Shri Mahendra Narayanr Raghavji, Shri Sarkar. Shri S. K. Raghu Ramaiah, Shri K. Sarsonia. Shri Shiv Narain Rahi, Shri Ram Lai Satapathy, Shri Devendra Rai. Shri Gauri Shankar Satya Deo Singh, Shri Rai. Shri Narmada Prasad Sen. Shri Robin Rai. Shri Shiv Ram Shah. Shri D- P. Raj Keshar Singh. Shri Shah. Shri Surath Bahadur Raj Narain, Shri Shaiza, Shrimati Rano M. Rakesh, Shri R. N. Shakya, Dr. Mahadeepak Singh* Ram. Shri R. D. Shanti Devi, Shrimati Ram Charan, Shri Sharma, Shri Jagannath Ram Dhan. Shri Sharma, Shri Hajendra Kuma*- Ram Ciopal Singh. Chaudhury Sharma, Shri Yagya Datt Ram Kinkar, Shri Shastri. Shri Bhanu Kumar Ram Kishan. Shri Shastri Shri Ram Dhari Ram Murli, Shri Shastri. Shri Y. P. Ram Sugar. Shri Shejwalkar. Shri N.K. Ramaehandran. Shri P. Sheo Narain. Shri Ramalingam, Shri P. S. Sher Singh, Prof. Ramapati Singh. Shri Sheth. Shri Vinodbhai B~ Rnmdas Singh. Shri Shiv Sampati Ram, Shri Rnmii Singh. Dr. Shrikrishna Singh, Shri Ramjiwan Singh, Shri Shukla, Shri Madan Lai Ramoowalia, Shri Baiwant Singh Singha, Shri Sachindralal' Rangnekar. Shrimati Ahilya P. Sinha, Shri C. M. Ranjit Singh, Shri Sinha. Shri H. L. P. Rathor. Dr. Bhagwan Dass Sinha. Shri M. P. Ravindra Pratap Singh, Shri Sinha, Shri Purnanarayam Rodrigues. Shri Rudolph Somani, Shri Roop Lai Rothuama, Dr. R. Sukhendra Singh, Shri Roy, Dr. Saradish Suman, Shri Ramji Lai Saeeri Murtaza, Shri Suman, Shri Surendra Jha< Saha, Shri A. K. Sahoo. Shri Ainthu Suraj Bhan, Shri Sai. Shri Larang Surya Narain Singh, Shri Sai, Shri Nnrhari Prasad Sukhdeo Swamy, Dr. Subramaniam Sainj, Shri Manohar Lai Swatantra, Shri Jagannath Prasadl 3 9 Co nstitution AUGUST 23, 1978 (45th Amdt.) Bill 40

Talwandi, Shri Jagdev Singh Chavan Shri Yeshwantrao *Tan Singh, Shri Chikkalingiah, Shri K. T ej Partap Singh, Shri Dabhi, Shri Ajitsingh Thakur, Shri Aghan Singh Damor, Shri Somjibhai Tirkey, Shri Pius Deo, Shri V. Kishore Chandra S. ‘Tiwari, Shri Brij Bhushan Desai, Shri Hitendra Hwary, Shri D. N. Doley, Shri L. K. Tiwary, Shri Madan Engti, Shri Biren Tohra, Shri G. S. Gamit, Shri Chhitubhai 'Tripathi, Shri Madhav Prasad George, Shri A. C. Ugrasen, Shri Gode, Shri Santoshrao 'Vajpayee, Shri Atal Bihari Gomango, Shri Giridhar Varma, Shri Ravindra Gotkhinde, Shri Annasaheb Wasisht, Shri Dharroa Vir Hande, Shri G. V. 'Verma, Shri Brijlal Haren Bhumij, Shri Verma, Shri Hargovind Kadam, Shri B. P. "Verma, Shri R. L. P. Kadannappalli, Shri Ramachandran 'Verma Shri Sukhdeo Prasad Kamakshaiah, Shri D. ■Visvanathan, Shri C. N. Kannan, Shri P. "Yadav, Shri Hukmdeo Narain Karan Singh, Dr. "Yadav, Shri Narsingh Khan, Shri Ismail Hossain 'Yadav, Shri Ramji Lai Kidwai, Shrimati Mohsina 'Yadav, Shri Sharad Kodiyan, Shri P. K. "Yadava, Shri Roop Nath Singh Kolur, Shri Rajshekhar Ifadvendra Dutt, Shri Kosalram. Shri K. T. "Yuvraj, Shri Krishnan, Shrimati Parvathi IZulfiquarullah, Shri Kunhambu, Shri K. Lakshminarayanan, Shri M. R. NOES Laskar, Shri Nihar Ahsan Jafri, Shri Mallanna, Shri K. Mallikarjun, Shri Ankineedu, Shri Maganti .Ankineedu Prasad Rao, Shri Mane, Shri R>ajram Shankarrao Arunachalam, Shri M. Mathew, Shri George Sarua, Shri Bedabrata fMayathevar. Shri K- Mirdha, Shri Nathu Ham JBmu , Shri Dhirendranath Bhakta, Shri Manoranjan Mishra, Shri G. S. :Bonde, Shri Nanasahib tMohd, Hayat Ali, Shri Murthy, Shri M. V. Chandrashekhara Borrooah, Shri D. K. ’Barman, Shri Kirit Bikram Deb Murugesan, Shri A. (Chandrappan, Shri C. K. Naidu, Shri P. Rajagopal Chavan, Shrimati P. Nalk, Shri S. H. fWrongljr voted for NOES. A* Go HBUvHon BHAORA 1, 1000 {SAKA) ' (45th Amdt.) BiU 4*

Naik, Shri V. P. Satyanarayana, Shri Dronam Raju Nair, Shri M. N. Govindan Seyid Muhammad, Dr. V. A. Narayana, Shri K. S. Shankar Dev, Shri Patel, Shri Ahmed M. Shrangare, Shri T. S. Patil, Shri Balasaheb Vikhe Stephen, Shri C. M. Patil, Shri D. B. Subramaniam, Shri C. Patil, Shri S. B. Sunna Saheb, Shri A. Periaiamy, Dr. P. V. Thakur, Shri Krishnarao Pertin, Shri Bakin Thorat, Shri Bhausaheb Poojary, Shri Janardhana Tombi Singh, Shri N. Pradhani, Shri K. Tulsiram, Shri V. Pullaiah, Shri Darur Veerabhadrappa, Shri K. S.. Qureshi, Shri Mohd. Shafi Venkataraman, Shri R. Rachaiah, Shri B. Venkatareddy, Shri P. Rajan, Shri K. A. MR. SPEAKER: Subject'tar correct Raju, Shri P. V. G. tion. the result* of the Division is; Ramaiingam, Shri N. Kundanthai. Ayes: 289; Ramamurthy, Shri K. Noes: 100 Rao, Shrimati B. Radhabai Ananda The motion is carried by a majority* Rao. Sh:i J. Rameshwar of the total membership of the House' and by a majority of not liss than Rao, Shri M. S. Sanjeevi t^o-thirds of the Members present Rao, Shri M. Satyanarayan and voting. Clause 44 stands part' o f Rath, Shri Ramachandra the Bill. Rathawa, Shri Amarsinh V. The motion teas adopted. Ravi. Shri Vayalar Clause 44 was added to the Bill. Reddi, Shri G. S. MR. SPEAKER: Now, do Members Reddy, Shri G. Narsimha want the lobbies to be cleared? Reddy, Shri K. Brahmananda SOME HON. MEMBERS: Yes. MR. SPEAKER: Let the lobbies b* Reddy, Shri K. Vijaya Bhaskara cleared. Reddy, Shri M. Ram Gopal Clause 45 Reddy, Shri P. Bayappa MR. SPEAKER: The Lobbies are Reddy, Shri S. R. cleared. Hon. Members may kindly Sathe, Shri Vasant take their seats.

•The following Members also recorded their votes: AYES: Sarvashri Vinayak Prasad Yadav, Satyendra Narayan Singh, Chaudhary Hari Ram Makkesar, Mohd. Shamsul Hasan Khan, Somnath Chatterjee, Gadadhar Saha, Mohd. Hayat Ali, K. Mayathevar and Dr. B. N. Singh; NOES* Sarvashri Skariah Thomas, A. Bala Pajanor, N. Sreekantan Nair; S. Ramasumy, P. Anbalagan, S.ugata Boy, SW’“nl‘ nathan, K Obul Beddy, K. Lakkappa and Shrimati V, Jeytlakahmi. 4 3 Constitution AUGUST 23, 1978 ' (45th Arndt.) Bill

Clause 45 seeks to amend Article Bosu, Shri Jyotirmoy 368 of the Constitution relating to the Brahm Perkash, Chaudhury power of the Parliament to amend the •Constitution. Brij Raj Singh, Shri Burande, Shri Gangadhar Appa Now the question is: Chakravarty, Prof. Dilip "That Clause 45 stand part of the Chand Ram, S’-.ri I Bill.” Chandan Sin:4h, Shri The Lok Sabha divided: Chandra Shekhar, Shri ■Mvision No. 28J. [12 hrs. Chandra Shekhar Singh, Shri AYES Chandra Pal Singh, Shri Chandrappan, Shri C. K. .Abdu] Lateef, Shri Chandravati, Shrimati -Agrawal, Shri Satish Chatterjje, Shri Somnath .Ahuja, Shri Subhash Chaturbhuj, Shrj .Alhaj, Shri M. A. Hannan Chaturvedi, Shri Shambhu Nath .Amat, Shri D. Chaudhury, Shri Motibhai R. .Amin, Prof. R. K. Chaudhry, Shri Ishwar .Anbalagan, Shri P. Chaudhury, Siri Rudra Sen *Ansari, Shri Faquir Ali Chauhan, Shri Nawab Singh .Argal, Shri Chhabiram Chavda, Shri K. S. A rif Beg, Shri Chhetri, Shri Chhatra Bahadur .Arunachalam alias ‘Aiadi Arun* Chowhan. Shri Bharat Singh Shri V. Dandav-U?. Prof. Madhu -Asokaraj. Shri A. Danwe, Shri Punduiik Hari IBagri, Shri Mani Ram Das. Shri S. S. .Bahuguna, Shrimati Kamala Das, Shri R. P. JBairagi, Shri Jena Dasgupta, Shri K. N. Bal, Shri Pradvumna Dave, Shri Anant Balak Ram, Shri Dawn, Shri Raj Krishna '.Balbir Singh, Chowdhry Deo, Shri P. K. IBaldev Prakash, Dr. Desai, Shri D. D. Banatwalla, Shri G. M. Desai, Shri Morarji .Barman, Shri Palas Deshmukh, Shri Nanaji Barrow, Shri A. E. T. Deshmukh, Shri Ram Prasad iBasappa, Shri Kondajji Dhandayuthapani, Shri V. 'JBasu, shri Chitta Dhara, Shri Sushll Kumar Bateshwar Hamram, Shri Dhillon, Shrj Iqbal Singh Berwa, Shri Ram Kanwar Dhurve, Shrj Shyamlal Bhagat Ram, Shri Digvijoy Narain Singh, Shri Bhanwar, Shri Bhagirath Durga Chand, Shri Bharat Bhushan, Shri Dutt, Shri Asoke Krishna Bhattacharyya, shri Shyamaprasanna Birendra Prasad, Shrj Fazlur Rahman, Shri »orole, Shri Yashwant Fernandes, Shri George Con stitution BHADRA 1, 1900 OSAKA) f45th Arndt.) BUI

Ganga Bhakt Singh, Shri Kisku, Shri Jadunath G&nga Singh, Shri Kodiyan, Shri P. K. Gattani, Shri R. D. Kolanthaivelu, Shri R. Ghosal, Shri Sudhir Krishan Kant, Shri Godara, Ch. Hari Ram Makkasar Kundu, Shri Samarendra Gore, Shrimati Mrinal Kureel, Shri Jwala Prasad Goswami, Shrimati Bibha Ghoah Kureel, Shri R. L. Gowda, Shri S. Nanjesha Kushwaha, Shri Ram Narerii Goyal, Shri Krishna Kumar Lahanu Shidava Kom, Shri Guha, Prof. Samar Lalu Prasad, Shri Gulshan, Shri Dhanna Singh Limaye, Shri Madhu Gupta, Shri Kanwar Lai Mahala, Shri K. L. •Haider, Shri Krishna Chandra Mahale, Shri Hari Shankar Harikesh Bahadur, Shri Mahata, Shri C- R. Hiizari, Shri Ram Sewak Mahi Lai, Shri Hiera Bhai, Shri Mahishi, Dr. Sarojini Hukam Ram, Shri Maiti, Shrimati Abha Inder Singh, Shri Malhotra, Shri Vijay Kumar Jj^annathan, Shri S. Malik, Shri Mukhtiar Singh Jugjivan Ram, Shri Mallick, Shri Kama Chandra Ja n, Shri Kacharulal Hemraj Mandal, Shri B. P. Jain. Shri Kalyan Mandal, shri Dhanik Lai Jain, Shri Nirmal Chandra Mandal, Shri Mukunda Jaiswal, Shri Anant Ram Mangal Deo, Shri Jasrotia. Shri Baldev Singh Mankar, Shri Laxman Rao Joshi, Dr. Murli Manohar Mathur, Shri Jagdish Prasad Kachwai. Shri Hukam Chand Mayathevar, Shri K. Kaiho, Shri Meerza, Shri Syed Kazim Ali Kailash Prakash, Shri Mehta, Shri Prasannbhai Kakade, Shri Sambhajirao Mhalgi, Shri R. K. Kaldate, Dr. Bapu Miri, Shri Govind Ram Kamath, Shri Hari Vishnu Mishra. Shri Janeshwar Karrible, Shri B. C. Modak, Shri Bijoy Kannan, Shri P. Mohanarangam, Shri Ragavalu Kapoor, Shri L. L. Mohd. Hayat Ali, Shri Kar, Shri Sarat Mohinder Singh, Shri Kasar, Shri Amrut Kaushik, Shri Purushottam Mondal, Dr, Bijoy Khalsa. Shri Basant Singh Mritunjay Prasad, Shri Khan, Shri Ghulam Mohammad Mukherjee, Shri Samar Khan, Shri Kunwar Mahmud AH Multan Singh, Chaudhary Khan, Shri Mohd. Shamsul Hasan Munda, Shri Govinda Khrlme, Shri Rinching Khandu Munda, Shri Karia Kishore Lai, Shri Murugaiyaa, Shri S. G. 47 . Otmatttotfitm AUGUST 29, 197ft (45th Arndt.) Bill 4$

Murugesan, Shri A. Rajan, Shri K. A. Nahar, Shri Bijoy Singh Rajda, Shri Ratansinh Nahata, Shri Amrit Rakesh, Shri R. N. Nair, Shri M. N. Govindan Ram, Shri R D. Nayak, Shri Laxrni Narain Ram Charan, Shri Nayar, Dr. Sushila Ram Dhan, Shri Negi, Shri T. S. Ram Gopal Singh, Chaudhury Onkar Singh, Shri Ram Kinkar, Shri Oraon, Shri Lalu Ram Kishan, Shri Pajanor, Shri A. Bala Ram Murti, Shri Pandey, Shri Ambika Prasad Ram Sagar, Shri Pandeya, Dr. Laxminarayan Ramachandran, Shri P. Pandit, Dr. Vasant Kumar Ramalingam, Shri P. S. Paraste, Shri Dalpat Singh Ramapati Singh, Shri Parmai Lai, Shri Ramaswamy, Shri & Parmar, Shri Natvrarlal B. Farthasarathy, Shri P. Ramdas Singh, Shri Paswan, Shri Ram Vilas Ramji Singh, Dr. Ramjiwan Singh, Shri Patel, Shri Dharmasinhbhai Patel, Shri H. M. Ramoowalia, Shri Balwant Singh Patel, Km. Maniben Vallabhbhai Rangnekar, Shrimati Ahilya P. Patel, Shri Meetha Lai Ranjit Singh, Shri Paticter, Shri Rameshwar Rathor, Dr. Bhagwan Dass Patil, Shri Balasaheb Vikhe Ravindra Pratap Singh. Shri Patil, Shri Chandrakant Rodrigues, Shri Rudolph Patil, Shri S. D. Rothuama, Dr. R. Patnaik, Shri Biju Roy, Shri A. K. Patnaik, Shri Sivaji Roy, Dr. Saradish Patwary, Shri H. L. Saeed Murtaza, Shri Periasamy, Dr. P. V. Saha, Shri A. K. Fhirangi Prasad, Shri Saha, Shri Gadadhar Pipil, Shri Mohan Lai Sahoo, Shri Ainthu Pradhan, Shri Amar Roy Sai, shri Lanang Pradhan, Shri Pabitra Mohan Sai, Shri Narhari Prasad Sukhdeo Raghavendra Singh. Shri Saini, Shri Manohar Lai Raghavji, Shri Samantasinhera, Shri Padmacharan Raghu Ramais'i, Shri K. Sanyal, Shri Sasankasekhar Rahi, Shri Ram Lai Sar&n, Shri Daulat Ram Rai, Shri Gauri Shankar Sarangi, Shri R. P. Rai, Shri Narmada Prasad Sarda, Shri S. K. Rai, Shri Shiv Ram Sardar, Shri Mahendra Narayan Raj Keshar Singh, Shri Sarkar, Shri & K, Raj Narain, Shxi Sorsonia, Shri Shiv Narain 43 Out&aiion BHADRA 1, 1800 {SAKA) (40th Arndt.) Bill

Satapathy, Shri Devendra Tiwari, shri Brij Bhushaa Satya Deo Singh, Shri Tiwary, Shri D. N. Sen, Shri Robin Tiwary, Shri Madan Shah, Shri D. P. Tiwary, Shri Ramanand Shah, Shri Surath Bahadur Tohra, Shri G. S. Shaiza, Shrimati Rano M. Tripathi, Shri Madhav Prasad Shakya, Dr. Mahudeepak Singh Ugrasen, Shri Shanti Devi, Shrimati Vajpayee, Shri Atal Bihari Sharma, Shri Jagannath Varma, Shri Ravindra Sharma, Shri Rajendra Kumar Vasisht, Shri Dharma Vir Sharma, Shri Yagy* DaU Verma, Shri Brijlal Shastii, Shri Bhanu Kumar Verma, Shri Hargovind Shastri, Shri Ram Dhari Verma, Shri R, L. P. Shastri, Shri Y. P. Verma, Shri Sukhdeo Prasad Shejwalkar, Shri N. K. Visvanathan, Shri C. N. Sheo Narain, Shri Yadav, Shri Hukmdeo Narain Sher Singh, Prof. Yadav, Shri Jagdambi Prasad Sheth, Shri Vinodbhai B. Yaduv, Shri Narsingh Shiv Sampati Ram, Shri Yadav, Shri Ramji Lai Shrikrishna Singh, Shri Yadav, Shri Sharad Shukla, Shri Madan Lai Yadav, Shri Vinayak Prasad Singh, Dr. B. N. Yadava, Shri Roop Nath Singh Singha, Shri Sachindralal Yadvendra Dutt, Shri Yuvraj, Shri Sinha, Shri C. M. Zulfiquarullah, Shri Sinha, Shri H. L. P. Sinha, Shri M. P. NOES Sinha, Shri Purnanarayan Ashan Jafri, Shri Sinha, Shri Satyendra Narayan Ankineedu, Shri Maganti Somani, Shri Roop Lai Ankineedu Prasada Rao, Shri Somasundaram, Shri S. D. Arunachalam, Shri M. Sukhendra Singh, Shri Barua, Shri Bedabrata Suman, Shri Ramji Lai Basu, Shri Dhirendranath Suman, Shri Surendra Jha Bhakta, Shri Manoranjan Suraj Bhan, Shri Bonde, Shri Nanasahib Surya Narain Singh, Shri Borooah, Shri D. K. Swamy, Dr. Subramaniam Burman, Shri Kirit Bikram Deb.- Swatantra, Shri Jagannath Prasad Chavan; Shrimati p. JTalwandi, Shri Jagdev Singh Chavan, Shri Yeshwantrao Tan Singh, Shri Chikkalingiah, Shri K. Tej Pratap Singh, Shri Dabhi, Shri Ajitsingh Thakur, Shri Aghan Singh Damor, Shri Somjibhai Tirkey, Shri Pius Dasappa, Shri Tulsidas Con stitution AUGUST 23, 1978 (45th Arndt.) Bill 5%

JDeo, Shri V. Kishore Chandra S. Pertin, Shri Bakin Desai, Shri Hitendra Poojary, Shri Janardtiana Engti, Shri Biren Pradhani, Shri K. Garni t, Shri Chhitubhai Pullaiah, Shri Darur George, Shri A. C. Qureshi, Shri Mohd. Shafl > Gode, Shri Santoshrao Rjchaiah, Shri B. Cromango, Shri Giridhar Ramalingam, Shri N. Kudanthai «Gopal, Shri K. Rao, Shrimati B. Radhabai Ananda Cotkhinde, Shri Annasaheb Rao, Shri J. Rameshwar Hande. Shri V. G. Rao, Shri M. S. Sanjeevi Haren Bhumij, Shri Rao, Shri M. Satyan*arayan . Jeyalakshmi, Shrimati V. Rathawa, Shri Amarsinh V. Kadam, Shri B. P. Ravi, Shri Vayalar Kadannappalli, Shri Ramachandran Reddi, Shri G. S. Kamakshaiah, Shri D. Reddy, Sh’ i G. Narsimha Karan Singh, Dr. Reddy, Shri K. Brahmananda Khan, Shri Ismail Hossaiti Reddy, Shri K. Vijayy Bhaskara Kidwai, Shrimati Mohsinu Reddy, Shri M. Ram Gop»l Kolur, Shri Rajshekhar Rt-ddy, Shri P. Bayappa Ko?.alrain, Shri K. T. Reddy, Shri S. R. Kunhambu, Shri K. Roy, Dr. Saradish Lakkappa, Shri K. Sathe, Shri Vasant Laskar, Shri Nihar Seyid Muhammad, Dr. V. A. Mallanna, Shri K. Shankar Dev, Shri Mallikarjun, Shri Stephen, Shri C. M. Mane, Shri Rajaram Shankarrao Subramaniam, Shri C. Mavalankiar, Prof. P. G. Sunna Sahib. Shri A. Mirdha, Shri Nathu Ram Swaminathan, Shri R. V. Mishra, Shri G. S- Thakur, Shri Krishnarao Murthy, Shri M. V. Chandrashekhara Thomas, Shri Skariah Naidu, Shri P. Rajagopal Thorat, Shri Bhausaheb Naik, Shri S. H- Tombi Singh, Shri N. Naik, Shri V. P. Tulsiram, Shri V. Narayana, Shri K. S. Veerabhadrappa, Shri K. S. Patel, Shri Ahmed M. Venkataraman, Shri R. Patil, Shri S. B. Venkatareddy, Shri P. 33 Co nstitution BHADRA 1, 1900 (SAKA) (45th Amdt.) Bitt 54

MR. SPEAKER: Subject to correc- Arif Beg Shri tion, the result* of the division is: Arunachalam, Shri V. Ayes — 314; Asokaraj, Shri A. Noes — 88 Bagri, Shri Mani Ram The motion is carried by a majority Bahuguna, Shrimati Kamala of the total membership of the House Bairagi, Shri Jena and by a majority of not less than Bal, Shri Pradyumna iwo-thirds of the Members present and voting. Balak Ram Shri Bal :ir Sinijh, Chowdhry The motion was adopted. Buldev Prakash, Dr. Clause 45 was added to the Bill. Banatwalla, Shri G. M. SHRI VASANT SATHE: Now iet is Barman. Shri Palas Xjo to the referendum. Basappa, Shri Kondajji Clause 47 Basu. Shri Chitta MR. SPEAKER: I am not clearing Buteshwar Hemram, Shri the lobbies again. Berwa. Shri Ram Kanwar I will now put Clause 47 to the vote Bhagat Ram, Shri of the House. This being a Constitu­ Bhanwar, Shri Bhagirath tion (Amendment) Bill, voting has to Bharat Bhushan, Shri i:e by Division. Bhattacharya. Shri Dinen The question is: Bhattacharyya, Shri Shyamaprasanna “That Clause 47 stand part of the Birendra Prasad Shri Bill.” Borole, Shri Yashwant The Lok Sabha divided: Bosu. Shri Jyotirmoy Brahm Perkash, Chaudhury Division No. 29] Brij Raj Singh, Shri AYES Chakravarty, Prof. Dilip [12.03 hrs. Chand Ram, Shri Abdul Lateef, Shri Chandan Singh, Shri Agrawal, Shri Satish Chandra Shekhar, Shri Ahuja Shri Subhash Chandra Shekhar Singh, Shri Alhaj, Shri M. A. Hannan Chandra Pal Singh, Shri Amat, Shri D. Chandravati, Shrimati Amin, Prof. R. K. Chatterjee Shri Somnath Anbalagan, Shri P. Chaturbhuj, Shri Ansari, Shri Faquir All Chaturvedi, Shri Shambhu Nath Argal, Shri Chhabiram Chaudhry, Shri Ishwar ♦The following Members also recorded their votes: AYES: Sarvashri Laljibhai, Narendra Singh. Dinen Bhattacharya, Charan Narzory. Tridib Chaudhuri, Shrimati Parvathi Krishnan and Shrimati Akbar Johan Begum; NOES: Sarvashri George Mathew, T. S. Shrangare, p. V. G. Raju, K Ramamurthy «nd L. K. Doley. Con stitution AUGUST 23, 1978 (45th Arndt.) Bill

Chaudhuri, Shri Tridib Inder Singh, Shri Chaudhury, Shri Rudra Sen Jagannathan, Shri S. Chauhan, Shri Nawab Singh Jagjivan Ram, Shri Chavda Shri K. S. Jain Shri Kacharulal Hemraj Chhetri, Shri Chhatra Bahadur Jain, Shri Kalyan Chowhan, Shri Bharat Singh Jain, Shri Nirmal Chandra Dandavate, Prof. Madhu Jaiswal, Shii Anant Ram Danwe, Shri Pundalik Hari Jasrolia. Shri Baldev Singh Das, Shri S. S- Joshi. Dr. Murli Manohar Das, Shri R. P. Kachw..i. Shri Hukam Chand Dasgupta Shri K. N. K:.'io Sh i Dave, Shri Anant Kailash Prakash, Shri Dawn, Shri Raj Krishna Kakade, Shri Sambhajirao Dfesai, Shri Dajiba Kaldate, Dr. Bapu Desai, Shri Morarji Kamath, Shri Hari Vishnu Deshmukh, Shri Nanaji Kamble, Shri B. C. Deshmukh, Shri Ram Prasad Kannan, Shri P. Dhandayuthapani, Shri V. Kapoor Shri L. L. Dhara Shri Sushil Kumar Kar, Shri Sarat Dhillon, Shri Iqbal Singh Kasar, Shri Amrut Dhurve, Shri Shyamlal Kaushik, Shri Purushottam Digvijoy Narain Singh, Shri Khalsa, Shri Basant Singh Durga Chand, Shri Khan, Shri Ghulam Mohammad Dutt, Shri Asoke Krishna Khan, Shri Kunwar Mahmud Ali Fazlur Rahman, Shri Khrime, Shri Rinching Khandu Fernandes Shri George Kishore Lai, Shri Ganga Bhakt Singh, Shri Kisku, Shri Jadunath Ganga Singh, Shri Kolanthaivelu, Shri R. Gattani, Shri R. D. Krishan Kant, Shri Ghosal, Shri Sudhir Kundu, Shri Samarendra Godara, Ch. Hari Ram Makkasar Kureel, Shri Jwala Prasad Gore, Shrimati Mrinal Kureel. Shri R. L. Goswami Shrimati Bibha Ghosh Kushwaha, Shri Ram Naresh Gowda, Shri S. Nanjesha Lahanu Shidava Korn, Shri Goyal, Shri Krishna Kumar Lalji Bhai, Shri Guha, Prof. Samar Lalu Prasad, Shri Gulshan, Shri Dhanna Singh Limaye, Shri Madhu Gupta, Shri Kanwar Lai Mahala, Shri K. L. Haider, Shri Krishna Chandra Mahale, Shri Hari Shankar Harikesh Bahadur Shri Mahata, Shri C. R. Hazari, Shri Ram Sewak Mahi Lai, Shri Heera Bhai, Shri Mahishi, Dr. Sarojini Hukam Ram, Shri Maiti, Shrimati Abha Con stitution BHADRA 1, 1900 (SAKA) (46th Arndt.) Bill 5*

Malbotra, Shri Vijay Kumar Patidar, Shri Rameshwar Malik Shri Mukhtiar Singh PatU, Shri Balasheb Vikhe Mallick, Shri Rama Chandra Patil. Shri Chandrakant Mandal Shri B. P. Patil, Shri S. D. Mandal, Shri Dhanlk Lai Patnaik. Shri Biju Mandal, Shri Mukunda Patnaik, Shri Sivaji Mangal Deo, Shri Periasamy, Dr. P. V. Mankar. Shri Laxman Rao Phirangi Prasad, Shri Mathur, Shri Jagdish Prasad Pradhan, Shri Amar Roy Mavalankar, Prof. P. G. Pradhan, Shri Pabitra Mohan Mayathevar, Shri K. Raghavendra Singh, Shri Meerza, Shri Syed Kazim Ali Raghavji, Shri Mehta, Shri Prasannbhai Raghu Ramaiah, Shri K. Mhalgi, Shri R. K. Rahi, Shri Ram Lai Miri, Shri Govind Ram Rai, Shri Gauri Shankar Mishra, Shri Shyamnandan Rai, Shri Narmada Prasad Modak. Shri Bijoy Rai, Shri Shiv Ram Mohanarangam, Shri Ragavalu Raj Keshar Singh, Shri Mondal, Dr. Bijoy Raj Narain, Shri Mritunjay Prasad, Shri Rajda, Shri Ratansinh Mukherjee, Shri Samar Rakesh, Shri R. N- Multan Singh, Chaudhary Ram, Shri R. D. Munda, Shri Govinda Ram Charan, Shri Munda, Shri Karia Ram Dhan, Shri Nahar, Shri Bijoy Singh Ram Gopal Singh, Chaudhury Nahata, Shri Amrit Ram Kinkar, Shri Nayak, Shri Laxmi Narain Ram Kishan, Shri Nayar, Dr. Sushila Ram Murti, Shri Negi. Shri T. S. Ram Sagar, Shri Onkar Singh, Shri Ramchandran, Shri P. Oraon, Shri Lalu Ramalingam, Shri P. S. Pajanor, Shri A. Bala Ramapati Singh, Shri Pandey, Shri Ambika Prasad Ramaswamy, Shri S. Pandeya, Dr. Laxminarayan Ramdas Singh. Shri Pandit, Dr. Basant Kumar Ramji Singh Dr. Paraste, Shri Dalpat Singh Ramjiwan Singh, Shri Parmai Lai, Shri Ramoowalia, Shri Balwant Singh Parmar, Shri Natwarlal B. Rangnekar, Shrimati Ahilya P. Parthasarthy, Shri P. Ranjit Singh, Shri Paswan, Shri Ram Vilas Rathor, Dr. Bhagwan Dass Patel, Shri Dharmasinhbhai Ravindra Pratap Singh, Shri Patel, Shri H. M. Rodrigues, Shri Rudolph Patel, Shri Meetha Lai Rothuama, Dr. R. S9 Con stitution AUGUST 23, 1978 (« th Amdt.y fill

Roy, Dr. Saradish Sinha, Shri Satyendra Narayan . Saeed Murtza, Shri Somani. Shri Roop Lai Saha, Shri A.. K. Somasundaram, Shri S. D. Saha, Shri Gadadhar Sukhendra Singh, Shri Sahoo, Shri Ainthu Suman, Shri Ramji Lai Sai, Shri Larang Suman, Shri Surendra Jha Sai, Shri Narhari Prasad Sukhdeo Suraj Bhan, Shri Saini, Shri Manohar Lai Surya Narayan Singh, Shri Samantasinhera,, JGhri Padmacharan Swamy, Dr. Subramaniam Sanyal, Shri Sasankasekhar Swatantra, Shri Jagnnaih Prasad Sarangi, Shri R. P. Talwandi, Shri Jagdev Singh Sarda, Shri S. K. Tan Singh, Shri Sardar, Shri Mahendra Narayan Tej Pratap Singh Shri Sarkar, Shri S. K. Thakur. Shri Aghan Singh Sarsonia, Shri Shiv Narain Tirkey, Shri Pius Satapathy, Shri Devendra Tiwari. Shri Brij Bhushan Satya Deo Singh. Shri Tiwary. Shri D. N. Sayian Wala, Shri Mohinder Singh Tiwary. Shri Madan Sen, Shri Robin Shah, Shri D. P. Tiwary. Shri Ramanand Shah, Shri Surath Bahadur Tohra. Shri G. S.. Shaiza, Shrimati Rano M. Tripathi. Shri Madhav Pra?;ul Shakya. Dr. Mahadeepak Singh Ugrasen. Shri Shanti Devi, Shrimati Sharma, Shri Jagannath V'ajpayee. Shri Atal Bihari Sharma, Shri Rajendra Kumar Varma, Shri Ravindra Sharma. Shri Yagya Datt Verma, Shri Brijlal Shastri, Shri Bhanu Kumar Verma. Shri HargoVind Shastri. Shri Ram Dhari Shastri, Shri Y. P. Verma, Shri R. L. P. Shejwalkar, Shri N. K. Verma, Shri Sukhdeo Prasad Sheo Narain, Shri Visvanathan, Shri C. N. Sher Singh, Prof. Yadva, Shri Hukmdeo Narain Sheth, Shri Vinodbhai B. Shiv Sampati Ram, Shri Yadav, Shri Jagdambi Prasad Shrikrishna Singh, Shri Yadava. Shri Narsingh Sukla, Shri Chimanbhai H. (Rajkot) Yadav, Shri Ramji Lai Shukla, Shri Madan Lai Yadav, Shri Sharad Singh, Dr. B. N. Yadav, Shri Vinayak Prasad Sing ha, Shri Sachindralal Sinha, Shri C. M. Yadava, Shri Roop. Nath Sin*l» Sinha, Shri M. P. Yadvendra Dutt, Shri Sinha, Shri Purnanaryan Yuvraj, Shri Com Mytion BHADKA 1. h M {SAKA) Amdt.) BiU 6*

NOES .. Kosalram, Shri K. T. Kunhambu, Shri K. Ahsan Jafri, Shri Lakkappa, Shri K. tfAkbar Jahan Begum, Shrimati Ankineedu, Shri Maganti Laskar, Shri Nihar Ankineedu Prasada Rao. Shri Mallanna, Shri K. Arunachalam, Shri M. Mallikarjun, Shri Balakrishniah, Shri T. Mane, Shri Rajarem Shankarraa Barrow, Shri A. E. T. Mathew, Shri George Barua, Shri Bedabrata Mirdha, Shri Nathu Ram Basu, Shri Dhirendranath Mishra, Shri G. S. Bhakta. Shri Manorajan Murthy, Shri M. V. Chandrasht'kharar Bonde, Shri Nanasahib Murugesan, Shri A. Borooah, Shri D. K. Naidu, Shri P. Rajagopal Burman, Shri Kirit Bikram Deb Naik. Shri S. H. Charan Narzary, Shri Naik, Shri V. P. Chavan, Shrimati P. Narayana. Shri K. S. Chavan, Shri Yeshwantrao Patel, Shri Ahmed M. Chikkalingiah, Shri K. Patil, Shri S. B. Dabhi, Shri Ajitsinh ttPatwary, Shri H. L. Damor, Shri Somjibhai Pertin, Shri Bakin Dasappa, Shri Tulsidas Poojary, Shri Janardhana Deo, Shri P. K. Pradhani, Shri K. Deo, Shri V. Kishore Chandra S. Pullaiah, Shri Darur Desai, Shri Hitendra Qureshi, Shri Mohd. Shafi . - Doley. Shri L. K. Rachaiah, Shri B. Engti, Shri Biren Raju, Shri P. V. G. Gamit, Shri Chhitubhai Ramamurthy, Shri K. 'George, Shri A. C. Rao, Shrimati B. Radhabai Anand* Gode, Shri Santoshrao Rao, Shri J. Rameshwar Gomango, Shri Giridhar Rao, Shri M. S. Sanjeevi Gopal, Shri K. Rao, Shri M. Satyanarayaa Gotkhinde, Shri Annasaheb Rathawa, Shri Amarsinh V. Har«n Bhumij, Shri Ravi, Shri Vayalar Jeyalakahmi, Shrimati V. Reddi, Shri G. S. Kadam. Shri B. P. Kadannappaili, Shri Ramachandran Reddy, Shri G. Narsimha Kamakshaiah, Shri D. Reddy, Shri K. Brahmananda Karan Singh, Dr. Reddy, Shri K. Obul Khan, Shri Ishmaii Hossain Reddy, Shri K. Vijaya Bhaskar* Kldwai, Shrimati Mohaina Reddy, Shri M. Ram Gopal Kolur, Shri Racshjkhar Reddy, Shri P. Bayappa ttWrongly voted for NOES. * 3 Constitution AUGUST 23, 1978 Arndt.) BUI 64

Jteddy. Shri S. ft. Clause 15 as amended, Boy. S hri Saugata Clauses 18 to 20, Sathe, Shri Vasant Clause 21 as amended, 35eyid Muhammad, Dr. V. A. Clause 22 as amended, -Shankar Dev, Shri Clauses 2a to 2S, Shrangare. Shri T. S. Clause 26 as amended. ’Stephen, Shri C. M. Clauses 27 to 34, Subramaniam, Shri C. Clause 38, Sunna Sahib, Shri A. Clause 37, ‘Swaminathan, Shri R. V. Clause 39, "Tbakur, Shri Krishnaran Caluse 40, Thorat. Shri Bhausaheb Clause 41, as amended. Tombi Singh, Shri N. Clause 42 ' Tulsiram, Shri V. Clause 43, Veerabhadrappa. Shri K. S. Clause 40, Venkataraman, Shri R. Clause 48, Venfcatareddy. Shri P. Clause 48, MR. SPEAKER: Subject to correc­ and Clause l, as amended, tion, the result* of the division is: stand part of th« Bill." Ayes: 299; The Lok Sabha divided: Noes: 97. Division No. 30] [ 18.95 hrs. The motion is carried by a majoriiy •«f the total membership of the 4oi;se jmrt bv a majority of not less thwn AYES two-thirds of the Members present Abdul Laleef. Shri ■ and voting. Agrawal. Shri Satish The motion t can adopted. Ahsan Jafri. Shri Clause 47 wag added to the Bill. Ahuja. Shri Subhash Akbar Jahan Begum. Shrimati MR. SPEAKER: Now we come to Alhaj. Shri M. A. Hannan > ■the Clauses which may be put toge­ ther to the House for special majority Amat. Shri D. i>y division. Amin. Prof R. K. The question is: Anbalagan. Shri P. “That Clauses 4 to 7, Ankineedu, Shri Maganti Clause 10, Anklne*du Prasada Ran. Shri riauses 12 to 14, Ansari. Shri Faquir Ali

"The following Member',, also recorded their votes: AYES: Sarvshri Janeshwar Mishra. ZulflQuarulla. H. L P. Sinha, Motibhal R. Chaudhary. Daulat Ram Saran. Narendra Singh. Dharma Vlr Vashist, H. L. Patwary, Km. Maniben Vallabhbhai Pate’. Shrimati Akbar Jahan Begum and Sarvshri Mohd. Shamsul Hasan Khan, Mohd. Hayat Ali and Gangadhar Appa Rurande; *Jf) ES: Shri N. Sreekantan Xair $5 CMffKtUffOtt BHADRA 1, 1900 (SAKA) (45th Arndt.) Bill

Argal, Shri Chhabirnm Charan Narzary, Shri Arif Beg, Shri Chatterjee, Shri Somnath Arunachalam, Shri M- Chaturbhuj, Shri Arunachalam, Shri V. Chaturvedi, Shri Shambhu Nath Asokaraj, Shri A. Chaudhary, Shri Motibbai R. Bagri, Shri Mani Ram Chaudhry, shri Ishwar Bahuguna, Shrimati Kamala Chaudhuri, Shri Tridib Bairagi. Shri Jena Chaudhury, Shri Rudra Sen Bal, Shri Pradyumna Chauhar., Shri Nawab Singh Balak Ram, Shri Chavan, Shrimati p. Balbir Singh, Chowdhry Chavan, Shri Yeshwantrao Baldev Prakash. Dr. Chavda, Shri K. S. Banatwalla, Shri Or. M. Chhetri, Shri Chhatra Bahadur Burma n, Shri Palas Cbowhan, Shri Rharat Singh Barrow, Shri A. E. T. Dabhi( Shri Ajitsinh Basappa. Shri Kondajji Damor, Shrj Somjibhai Basu. Shri Chitta Dandavate, Prof. Madhu Basu. Shri Dhirendranath Danwe, Shri Pundalik Hari Das, Shri S. S. Bateshwar Hemram. Shri Das, Shri R. P. Berwa. Shri Ram Kanwar Dasappa, Shri Tulsidas Bhagat Ram, Shri Dasgupta, Shri K. N. Bhakta, Shri Manoranjan Dave, Shri Anant Bhanwar, Shri Bhagirath Dawn, Shri Raj Krishna Bharat Bhushan, Shri Deo, Shri P. K. Bhattacharya, Shri Dinen Doo, Shri V/ Kishore Chandra S. Bhattacharyya, Shri Shyamapra».mna Desai, Shri Dajiba Birendra Prasad. Shri Desai, Shri Hitendra Bonde. Shri Nanasahib Desai. Shri Morarji Barole, Shri Yashwant Deshmukh, Shri Nanaji Borooah, Shri D. K. Deshmukh, Shri Ram Prasad Bosu, Shri Jyotirmoy Dhandayuthapani, Shri V. Brahm Perkash, Chaudhury Dhara, Shri Sushi 1 Kumar Brij Raj Singh, Shri Dhillon, Shri Iqbal Singh Burande, Shri Gangadhar Appa Dhurve, Shri Shyamlal Burman, Shri Kirit Bikram Deb Digvijoy Narain Singh, Shri Chakravarty, Prof. Dilip Durga Chand, Shri Chand Ram, Shri Dutt Shri Asoke Krishna Chandan Singh, Shri Fazlur Rahman, Shri Chandra Shekhar, Shri Fernandes. Shri George Chandra Shekhar Singh, Shri Gamit, Shri Chhitubhai Chandra Pal Singh, Shri Ganga Bhakt Singh, Shri Chandivppan, Shri C. K. Ganga SIhgh, Shri Ohandravati, Shrimati Gattani, Shri R. D. 2571 L S -3 67 Co nstitution AUGUST 23, 1978 (tifa krti&.y BUI Georg e, Shri A. C. Kasar, Shri Amrut Ghosal, Shri Sudhir Kaiuhik, Shri purushottam Godara, Ch. Hari Ram Makkasar Khalsa, Shri 'Basant Singh Gode, Shri Santoshr*o Khan, Shri Ghulam Mohammad Gomango, SKri Giridhar Khan, Shri Ismail Hossain Gopal, Shri K. Khan, Shri ICunwar Mahmud All Gore, Shrimati Mrinai Khan, Shri Mohd. Shamsul Hasan Goswami, Shrimati Bibha Ghosh Kidwai, shrimati Mohsina Gotkhinde, shri Annasaheb Khrime, Shri Rinching Khandu Gowda, Shri S. Nanjesha Kishore Lai, Shri Goyal, Shri Krishna Kumar Kisku, Shri Jadunath Guha, Shri Samar Kodiyan, Shri P. K. Gulshan, Shri Dhanna Singh Kolanthaivelu, Shri R. Gupta, *Sliri Kanwar Lai Kolur, Shri Rajshekhar Haider, Shri Krishna Chandra Kosalram, Shri K. T. Haren Bhumji, Shri Krishan Kant, Shri Harikesh Bahadur, Shri Krishnan, Shrimati Parvati Hazari, Shri Ram Sewak Kundu, Shri Samarendra Heera Bhai, Shri Kunhambu, Shri K. Hukam Ram, Shri Kureel. Shri Jwala Prasad Inder Singh, Shri Kureel, Shri R. L. Jagannathan, Shri S. Lahanu Shidava Kom, Shri Jagjivan Ram, Shri Lakkappa, Shri K. Jain, Shri Kacharulal Hemr»j Lakshminarayanan, Shri M. R. Jain, Shri Kalyan Lalji Bhai, Shri Jain, Shri Nirmal Chandra Lalu Prasad, Shri Jaiswal, Shri Anant Ram Laskar, Shri Nihar Jasrotia, Shri Baidev Singh Limaye, Shri Madhu Jeyalakshmi, Shrimati V. Mahala, Shri K. L. Joshi, Dr. Murli Manohar Mahale, Shri Hari Shankar Kachwai, Shri Hukam Chand Mahata, Shri C. R. Kadam, Shri B. P. Mahi Lai, Shri Kadannappalli, Shri Ramachandran Mahishi, Dr. Sarojini Kaiho, Shri Maiti, Shrimati Abha Kailash Prakash, Shri Malhotra, Shri Vijay Kumar Kakade, Shri Sambhajirao Malik, Shri Mukhtiar Singh Kaldate, Dr. Bapu Mallanna, Shri K. Kamakshaiah, Shri D. Mallick, Shri Rama Chandra Kamath, Shri Hari Vishnu Mallikarjun, Shri Ramble, Shri B. C. Man dal, Shri B. P. Kannan, Shri P. Mandal, Shri Mukunda Kapoor, Shri L. L. Mangal Deo, Shri Kar, Shri Sarat Mankar, Shri Laxman Rao Karan Singh, Dr. Mathew, Shri George 6$ lUM ntW vn BHADRA l. MW (SAKA) (45th Amdt.) Bill

Mathur, Shri Jagdish Prasad Paswan, Shri Ram Vilas Mavalankar, Prof. p. G. Patel, Shri Ahmed M. Mayathevar, Shri K. Patel, Shri Dharmasinhbhai Meerza, Shri Syed Kazim Ali Patel, Shri H. M. Mehta, Shri Prasrannbhai Patel, Km. Maniben VaUabhbhai Mhalgi, Shri R. K. Patel, Shri Meetha Lai Mirdha, Shri Nathu Bam Patidar, Shri Rameshwar Miri, Shri Govmd Bam Patil, Shri Balasaheb Vikhe Mishra, Sliri G. & Patil, Shri Chandrakant Mishra, Shri Janeshwar Patil, Shri S. B. Mishra, Shri Shyamnandan Patil, Shri S. D. Modak, Shri Bijoy Patnaik, Shri Biju Mohanarangam, Shri Ragavalu Patnaik, Shri Sivaji Mohd. Hayat Ali, Shri Patwary, Shri H. L. Mondal, Dr. Bijoy Periasamy, Dr. P. V. Mritunjay Prasad, Shri Phirangi Prasad, Shri Mukherjee, Shri Samar Pipil, Shri Mohan Lai Multan Singh, Chaudhary Poojary, Shri Janardhana Munda, Shri Govinda Pradhan, Shri Amar Roy Munda, Shri Karia Pradhan, Shri Pabitra Mohan Murthy, Shri M. V. Chandrashekhara Pradhani, Shri K. Murugaiyan, Shri S. G. Pullaiah, Shri Darur Murugesan, Shri A. Qureshi, Shri Mohd. Shaft Nahar, Shri Bijoy Singh Rachaiah, Shri B. Naidu, Shri p. Rajagopal Raghavendra Singh, Shri Naik, Shri S. H. Raghavji Shri Naik, Shri V. P. Raghu Ramaiah, Shri K. Nair, Shri M. N. Govindan Rahi, Shri Ram Lai Narayana, Shri K. S. Rai, Shri Gauri Shankar Narendra Singh Shri Rai, Shri Narmada Prasad Nayak, Shri Laxmi Narain Rai, Shri Shiv Ram Nayar, Dr. Sushila Raj Keshar Singh, Shri Negi, Shri T. S. Raj Narain, Shri Onkar Singh, Shri Rajan, Shri K. A. Oraon, Shri Lalu Rajda, Shri Ratansinh Pajnor, Shri A. Bala Rakesh, Shri R. N. Panday, Shri Ambika Prasad Ram, Shri R. D. Pandeya, Dr. Laxminarayan Ram Charan, Shri Pandit, Dr. Vasant Kumar Ram Dhan, Shri Paraste, Shri Dalpat Singh Ram Gopal Singh, Chaudhury Parmai Lai, Shri Bam Kinkar, Shri Parmar, Shri Natwarlal B. Ram Kishan, Shri Parthasarathy, Shri P, Ram Murti, Shri 7 i Co nstitution AUGUST 23, 1978 (45th Amdt.) Bill jZ

Ram Sagar, Shri Sarda, Shri S. K. Ramachandran, Shri P. Sardar, Shri Mahendra Narayan Ramalingam, Shri P. S. Sarkar, Shri S. K. Ramamurthy, Shri K. Sarsonia, Shri Shiv Narain Ramapati Singh, Shri Satapathy, Shri Devendra Ramaswamy, Shri S. Sathe, Shri Vasant Ramdas Singh, Shri Satya Deo Singh, Shri Ramji Singh, Dr. Satyanarayana, Shri Dronam Raju Ramjiwan Singh, Shri Sayian Wala, Shri Mohinder Singh Ramoowalia, Shrj Balwant Singh Sen, Shri Robin Rangnekar, Shrimati Ahilya P. Seyid Muhammad, Dr. V. A. Ranjit Singh, Shri Shah, Shri D. P Rao, Shrimati B. Radhabhai Ananda Shah, Shri Surath Bahadur Rao, Shri J. Rameshwar Shaiza, Shrimati Rano M- Rao, Shri M. S. Sanjeevi Shakya, Dr. Mahadeepak Singh Rao, Shri M. Satyanarayan Shankar Dev, Shri Rathawa, Shri Amarsinh V. ‘ Shanti Devi, Shrimati Rathor, Dr. Bhagwan Dass Sharma, Shri Jagannath Ravi, Shri Vayalar Sharma, Shri Rajendra Kun.ar Ravindra Pratap Singh, Shri Sharma, Shri Yagya Dutt Reddi, Shri G. S. Shastri, Shri Bhanu Kumar Reddy, Shri G. Narsimha Shastri, Shri Ram Dhari Reddy, Shri K. Brahmananda Shastri, Shri Y. P. Reddy, Shri K. Vijay Bhaskara Shejwalkar, Shri N. K. Reddy, Shri M. Ram Gopal Sheo Narain, Shri Reddy, Shri P. Bayappa Sher Singh, Prof. Reddy, Shri S. R. Sheth, Shri Tinodbhai B. Rodrigues, Shri Rudolph Shiv Sampati Ram, Shri Rothuama, Dr. R. Shrangare, Shri T. S. Roy, Shri A. K. Shrikrishna Singh. Shri Shukla, Shri Madan Lai Roy, Dr. Saradish Roy, Shri Saugata Singh, Dr. B. N. Singha, Shri Sachindralal Saeed Murtaza, Shri Saha, Shri A. K. Sinha, Shri C. M. Saha, Shri Gadadhar Sinha, Shri H. L. P. Sahoo, Shri Ainthu Sinha, Shri M. P. Sai, Shri Narhari Prasad Sukhdeo Sinha, Shri Purnanarayan Sai, Shri Narhari Prasad Sinha, Shri Satyendra Narayan Saini, Shri Manohar Lai Somani, Shri Hoop Lai Samantasinhera, Shri Padmacharan Somasundram, Shri S. D. Sanyal, Shri Sasansekhar Stephen, Shri C. M. Saran, Shri Daulat Ram Subramaniam, Shri C. Sarangi, Shri R. P. Sukhendra Singh, Shri Con stitution BHADRA 1, 1900 (SAKA) (45th Arndt.) Bill 74

Suman, Shri Ramji La] Yadav, Shri Ramji Lai Suman, Shri Surendra Jha Yadav, Shri Sharad Sunna Shahib, Shri A. Yadav, Shri Vinayak Prasad Suraj Bhan, Shri Yadava, Shri Roop Nath Singh Surya Narain Singh, Shri Yadvendra Dutt, Shri Swaminathan, Shri R. V. Yuvraj, Shri Swamy, Dr. Subramanium Zulfiquarullah, Shri Swatantra, Shri Jagannath Prasad Talwandi, Shri Jagdev Singh NOES Tan Singh, Shri Chikkalingaiah, Shri K. Tej Pratap Singh, Shri Nair, Shri N. Sreekantan Thakur, Shri Aghan Singh MR. SPEAKER: Subject to correc­ Thakur, Shri Krishnarao tion, the result* of the Division ij as Thomas, Shri Skariah follows: Thorat, Shri Bhausaheb Ayes: 405; Tirkey, Shri Pius Noes: 2 Tiwari, Shri Brij Bhushan The motion is carried by a majority Tiwary, Shri D. N. of the total membership of the House Tiwary, Shri Madan and by a majority of not less than Tiwary, Shri Ramanand two-thirds of the Members present and voting. Tohra, Shri G. S. Tombi Singh, Shri N. The motion was adopted. Tripathi, Shri Madav Prasad Clauses 4 to 7, 10, 12 to 14, 15 as Tulsiram, Shri V. amended, 16 to 20, 21 as amended, 22 Ugrasen, Shri as amended, 23 to 25, 26 as amended, Vajpayee, Shri Atal Bihari 27 to 34, 36, 37, 39, 40, 41 as amended. 42, 43, 46, 48, 49 and Clause 1 as Varma, Shri Ravindra amended were added to the Bill Vasisht, Shri Dharma Vir MR. SPEAKER: The question is: Veerbhadrappa, Shri K. S. Venkataraman, Shri R. “That the Enacting Formula and the Title stand part of the Bill.” Venkatareddy, Shri P. Verma, Shri Brijlal The motion was adopted. Verma, Shri Hargovind The Enacting Formula and the Title Verma, Shri R. L. P. were added to the Bill Verma, Shri Sukhdeo Prasad MR. SPEAKER: Now the Law Visvanathan, Shri C. N. Minister to move for the Third Yadav, Shri Hukmdeo Narain Reading. Yadav, Shri Jagdambi Prasad THE MINISTER OF LAW, JUSTICE Yadav, Shri Narsingh AND COMPANY AFFAIRS (SHRI *(i) The result of this Division applies to each of the Clauses 4 to 7, 10 12 to 14, 15 as amended, 16 to 20, 21 as amended, 22 as amended, 23 to* 25, 26 as amended, 27 to 34, 36, 37, 39, 40, 41 as amended, 42, 43 46, 4& 49, and Clause 1 as amended, separately. (ii) The following Members also recorded their votes for AYES: Sarvshrl Amrit Nahata, Ram Naresh Kushwaha and PVG Raju. 75 Co iutitttion AUGUST 23, 1878 <45Wv Amdt.) mil j6

SHANTI BHUSHAN): Sir, I beg to move; fv lW mjUlf f*KF % I ’mr ifrm

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rnr mrTCJT : *ta *rr firarnrr fts^r *ft ^ * v m % 3TRT 3ff ^ «rcwt 1 ^iru m f ^ t t ^n€t, st ^ >t;t ?r^r 2^ yffft? qft w*?m $ * rf^ T ^ T «rr ft? ^n?n ^ »^r% ^T ft, w *%_«mt * r r * t f&rcnft »TraT ’Pt ^ 5TRT *TT^fr ? f*K isr HV9R f*r *pt ^Rr- *TTn ^rrf^qr *TT Wfa*TT (SfSfaPT) T^R I n W K \ 79 Co nstitution AUGUST 23, 1978 (45th Amiit.) Bill 80

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«ft TT* WTTOf : *T?» * m 1 1 ww?f ifWf sitfa *m 3fr w h x fa%«rc *rwr v f Pp %t(x T9 ^ t r ^ f «nqrf¥r ?rjflft 1 WTfGT f? far 13 f^ r * t i wr«r % jttt ft®m?rr w f-.^ ». v w * t t . «rT*HPTPft $T**5T W T irifa i f w aft ft fa ? n riw ^ v t qfr- 1 wnm srftpssp' **w>r flTfts * if fN^ror ^ *ftr « w i ?rm w t ^ «ift «rfnmr 5^ft — safari ff «n*ft *Tfww W t«F5 T s ft v $ r ifr ** I IT? i T&T W— JTqfr,^ % f — f*n* % * n w lw w *r c[«r *r»r i w r %% * r tfflfrcr-r % w k tt %r fawn ■*mr «rf»: sr^m: *rwr *prr | ? («nw r) f h t »ra ^fsjq i » n w f % 1 nr srvrfti?» ffimr 1 ( u t w w m ) « tp t s t t 5 * vt tfror *tfw? I ar^T ?w5i?Tr!f jftrrr «ftr wj*tp«it yMV «r> Ftwrr %> pit% i MR SPEAKER; Third reading is only a formal reading.. tffrW if* v$:f | —

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i l «$t trorra | t « m m n taken a long time. I will give you two minutes, that is all. Only two wtm minutes, nothing more. 4>fT $ I I am going fast. SHRi RAJ NARAIN: I will take more time if these people interrupt MR. SPEAKER: It is not a ques­ me. tion of going fast. Third reading is a formal reading. You are making a MR. SPEAKER; Nobody will in­ speedi as if it is the first reading. terrupt you. please do not allow SHBI RAJ NARAIN: At least for yourself to be interrupted. 20 years I have participated in Parlia­ m ent « ftT w « rro w : % qropr MR. SPEAKER; Therefore, you vtw rS tfi T tfnrnr i q W t f t f f w 1 1 s*rw *n% f i *v*t* *ft fiwinr, n$ vj*t«n IT O P F Tkt *TR w f wwrft tit fra ro aft «jrpft t sp# fNwr »jwjP w m*r ft*n ^ft ft? 184$ I : % # f*HNsrt m *m r «rr 1 #7 *1 eft rftPBf wns fipr wt* vnt *n[ •P^’TT ’TT^TT ^ ftr

[«f»* x w * t IQ. SPEAKER: Mr. JU j M utin. you hrve taken more than 20 minutes. Political equality, economic equa­ No, no. The oth*r day yott wpre lity, social equally these four quali­ advising me’ to confine to the ruleso ties are the fundamentals of a demo­ cratic society. siivTT *n$?rr 1 ?$T of I VT $ faftsft * I fj (ffir % * r $ vr wfpr vFtfi* iftr v ft «rc v?% tit w fa *t U w fr *$ | *!***» v ) f 521*1 | i t ^ o v t t r & vr *?**&( | «fr f a r *i* -frm g, tot *#r fc w*Sf* 1Tf1% % ?TTT 3* * *T # S R T f, *ftr aft « f* n r| if Jfv,^f «mft snsft w w $ . ¥ i | $* % ifefiie SHRI TtAVINDRA VARMA: On a ’point of order. Rule 94 says: MR. SPEAKER: No further. Plewe "The discussion on a motion that resume your seat. Mr. Venkatarman. the Bill or the Bill as amended, as the case may be, be passed shall be SHRI R. VENKATARAMAN confined to the submission or argu­ (Madras South): Mr. Speaker, Sir, ments either jn support of the Bill I shall be failing in my ----(Interrup­ or for the rejection of the Bill.” tions ) I do not have the lung power to shout over other Members. In making his speech a member (Interruptions). shall not refer to the details of the Bill further than is necessary lor the purpose of his arguments which MR. SPEAKER: Order, Order. I shall be of a general character.” have called Mr. Venkataraman. MR. SPEAKER: Mr. Raj Narain,.. SHRI MANI RAM BAGRI: On a SHRI KXJ NARAIN: I know that point of order, ruW.’ But T Think he is a new Parlia- mentriAii. (Interruptions ) MR. SPEATCER: No point of order. Mr. Venkatanaman, you go on. MR, SPEAKER: 1 am not allow­ ing him any further. SHRI MANI RAM BAGRI: I am SHRI RAVINDRA VARMA: Sir, on a point of order. is my point of order upheld? MR. SPEAKER: You are right. WT 9)1 nn.* ft*T Your point is upheld. % ***T* % fWHHR W t t ** t t w * : « * *t tw tm m w * ? «jttt* *rrm«r n v ix % vpfr *tt eft s«fit tf p i t ^?r % ^ar t f * ^ ^?r*r?R » ** *tt hntoi *r **T 1 xftr % firrtsr p r o * ¥ v r ^ r $ i n * % n } ttwt farroT |wfT *!rf% 5 ' $ 1 — (w ort*) Constitution BHADRA 1, 1900 (SAKA) (45th Amdt.) BiH 86

MR. SPEAKER: It is not a point ment Act and made some improve-· of order. Mr. Venkataraman. ments thereon. Particularly, I would like to men- (Interruptions) * * tion that we have our reservations on two matters in which there is scope MR. SPEAKER: Don't record. for 'al1 honest difference of opinion. First.ly, on the question or referendum,. we are not at ai1 satisfied that this (Interruptions)** cJuntry is ripe for it. Secondly , we are not also satisfied that some sma11 SHRI ·R. VENKATARAMAN: Sir, minority m ay not be able to enforce I was reminded of a joke in the House its will on other sections, particularly, of Commons th'at the debate was living in different regions. To make adjourned in favour of a duel. I hope, it more exp~t:it, I shall be voicing the t!his House will never do it opinion and the •ap prehension of the people in flie south that a referendum I shall be failing in my parliamen- of this kind may adversely affect tary duty if I do not pay a tribute to their interest in respect of certain th.e hon. Law Minister for the very matters, like, language. Therefore, competent manner in which he has the Congress has very vehemently hqndled the Forty-Fifth Amendment opposed this clause and even though Bill. With all the patience and p'ains- we h ave given ample support to the taking he has tried to give explana- Bill, we want to make cle'ar that w e tions wh'!~ we had · sought. ThougD. have reservatios on this clause. members o·f this House have not Then, on the question of trans.fer agreed with each one of the amend- of education and forest to the State ments which have been brought List, the Congress has its own reserva- before the House and have expressed tions. several reservations. I would like to say on this occasiqn that we are happy As you know, there are some parties to see that ·the Government which has which do not believe in the integrity .now come t 0 power . has realised a of t he country. There are some difference between idealism and parties which at all costs want to practicability. preserve the integrity of India and the unity of fndia. It is not possible to have a country united unless we have Most of us, when we came either a language in which we' can communi- to the Constituent Assembly or the cate with each other. If I speak Provisional Parliament, had also come English and my hon .. friends here do from detentions in those days. We not know English and if they speak also swore: no more sh'all we have Hindi and the people in the south do preventive detention in our country. not know ffindi, then communication And yet when the Congress took over between different parts of India will the administration in those days the become so difficult that differences compulsions and the n ecessities f~rce d will arise and those differences will them to enact the Preventive Deten- lead to a cettain m easure of hostility. tion Act. Likewise, the J anata Party In fact, communication very often • which has· necessarily to· implement heals many differences and wounds. its ideals and goals, as every party The absence of communication only must do it, h>a.s realised that it is not accentuates these differences. We possible to implement all their ideals sincerely hope that, by having 'Educa- and their goals at one stretch and tion' in the Centre, the Centre would they have accepted many of the pro- be able to utilise its influence on those visions of the Forty-Second Amend- States which want to give up English **Not recorded. r Constitu.tion AUGUST 2.3, 1978 ( 45th A mdt.) Bill 88

[Shri Venkataraman] labour disputes and industrial dispute3 and confine inemselves only to one which are now being prolonged from language, to see the wisdom of having court to court, from Tribunal to a b-ilingual system in which the 'ldmi- High Court, from writ to writ appeal nistration of the country will be and from writ appea1 to the Supreme carried on for as long a time-as Court, cou~d be prevented or avoided. both Pandit Nehru and our respected Originally, at one time, we provided Prime Minister, Shri Morarji Desai, for only Labour Appellate Tribunal have said-as the people of the in respect of ·appeals from the Labour southern region are prepared to accept Tribun·al. We thought that that Hindi as the official language. There would b e the end of litigation. But, are two conditions necessary for this: on the other hand, what happened one is, the people must know the was, there was an appeal from the language; and the second thing is, they Labour Tribunal to the Labour should be able to adopt it in such a Appellate Tribunal, and from the way as to be able to fulfil the functions Labour Appellate Tribunal to the which an administration requires in High Court, and from the that 1anguage. Therefore, mY submis- High Court before a single judge to sion to the House iS that it would be the Appellate and then to the Supreme very wise and very good in the interest Court. Therefore, this tedious process of the n'ation and in the interest of the completely tired the labour out and integrity and unity of the country, to they were denied many of the right3. retain 'Education• in the concurrent By providing for this kind of a tedious list if only because it can be used as process, you have really created so an ' instrument for developing a many problems for the labour that billngual system in which the people today it is beginning to 10s 5 faith in of the north and the people of the industrial tribunals. south would be able to converse and So far as the civil servants in India communica1e with each other freely are concerned, they are absoluteiy and easily. I am one of those who without any protection. As I mentioned fought, in my time, fot greater auto- in my speech the other day, Adminis- nomy for the States. I believe that trative Tribunals !or international the States have been deprived of their ·civil servants have been provided in legitimate share of the revenues of the the United Nations, in the Interna- country even under this Constitution tional Labour Organization, in the there have been occasions where, by Court of Justice of the European a distortion of some of the sections, Communities, a·nd every one .... the revenues which are legitimately due to the S-tates, have been appro- MR. SPEAKER: You have already priated by the Centre. I am not going covered that point. into this now. I am 0 nly making this SHRI R. VENKATARAMAN: point here that, in order that the in- Therefore, the point that in respect of tegrity of the country may be main- administrative Tribunals the govern- tained, in order that the unity may ment should h ave taken a more liberal be maintained, it is absolutely neces- attitude and, even the voting ghowed sary that the instrument by which you that in the first instance they did not can maintain the unity, n

ture in our cultural bondage. But, brother, as I may call him, because, I Sir, I want to go on record that as don’t want to call Mr. Kamath, found- far as referendum is concerned, our ing-father, because, he is still with us. party strongly supports the small step So, I call him founding-brother of that you have taken now. I do not the Constitution. agree with the other Members that PBOF. P. G. MAVALANKAR: He this country is not that ripe to take up is a bachelor and so he cannot be the referendum. I am reminded of the founding-father. arguments placed by the late, revered PROF. A. BALA PANJANOR; Not Bajaji and others when they wanted for that reason. He is a father of the to introduce adult franchise in this Constitution, it is okey. country. I went through the records end some of the speeches made at MR. SPEAKER: Let him have at that time. At that time some persons least one child—the Constitution. said that the people of this country SHRI A. BALA PAJANOR: Let are not mature enough to decide him p.dopt me, Sir. I will be very various issues, that the people of the happy to be his child. country are not suited enough to Therefore I say, founding-father. Judge whom they would like to rule He has correctiv come out with tbe this country or not to rule, that they feeling in this House that you must are not suited to exercise adult put more weight on the side of the franchise and so on, that adult fran­ minorities. That is the reason why chise was granted against vehement it is said that three-fourths of the force and all that. But after 30 years majority is required for such a Re­ of political education, what has hap­ ferendum. pened? Perhaps you have not given the political education that is expected MR. SPEAKER: Your time is up. in the school stage and the college Please conclude. stage. But still if you say that the SHRI A. BALA PAJANOR: In people of the country cannot decide one minute I will conclude, Sir. I their future, or that they cannot exer- have to cover the other two subjects. ctae their right to amend particular As far as the tribunals are concern­ sections and so on. I would say that ed, this is what I said: The Law J will not agree with those arguments Minister, when he worked out the because they have no meaning at all. Forty-Fifth Amendment acted as a For these reasons, Sir. the question clever lawyer of the Supreme Court, of symbols and other examples were not only in the Allahabad High Court giVeri. But I see from tbe amendment before that famous judge which made that you hnvs taken only three major history in this country, but as a clever portions of it. One is about the secu­ lawyer of the Supreme Court. He was lar nature and the democratic obsessed by the judiciary that is nature of the constitution; and second­ supposed to be a topmost authority ly, about the judiciary and third­ in this country. And he had a feel­ ly about the fundamental rights ing that the Forty-Second Amend­ in part III of the Constitution. These ment had taken away the right from are the crucia? matters you have the people to fight for their rights be­ taken under the section for Refer­ fore the tribunal and that is why he endum and these are all what will scrapped it single stroke. I don’t go to the people. And I want agree with him because we know yob to consider one thing. It this. He also knows it. As correctly is a matter of experience. By practice explained by our friend, litigations are we can get the correct solution. becoming day by day almost cumber­ 1 suggest to you that 51 per cent is some issues. That is the reason why not sufficient, i am reminded of the an Amendment wait introduced tn the diicuwion at that time and the part Constitution (Forty-second) Amend­ titftjfed by Mr. Kamath, the Founding. ment Bill. It said that a person hav- 95 C onstitution AUGUST 2S, i m (45th Amdt.) BUI 96

[Shri A. Bala Pajanor] SHRI HARI VISHNU KAMATH: May I make a modest requet to you? tag the status of a High Court I am sure the House will join me Judge or a High Court Judge therein that in order to celebrate the alone should sit on a tribunal. There occasion we may have the lunch recess is no difference at all. To get over today. certain difficulties only that was introduced. But, as to the judge, I MR. SPEAKER: We wiU consider, don't know how he will view it. With you are a founding-fatherl Mr. Shanti Bhushan’s stature, I cannot SHRIMATI PARVATHI KRISHNAN understand why he has deleted it. 1 (Coimbatore): Mr. Speaker, Sir, I am don't find any reason. That is to be here only to make one or two points argued. I hope he will later on come clear, because while we vote for this up with some form or the other. Constitutional Amendment Bill, we do it with our eves open ...... And again, Sir. as 1 first stated, Mr. MR. SPEAKER: And ears also. Shanti Bhushan failed to be a politi­ cian when he brought this Constitution (Interruptions). Amendment because of this simple SHRIMATI PARVATHI KRISH­ reason. I don’t know why he has not NAN ; How can 1 speak when this taken the trouble to go through the conversation goes on. I have been Ninth Schedule of the Constitution. silent when other Members were You have gone up to only Article speaking, 188. That cannot be questioned in a MR. SPEAKER: All ladies have Court of Law. Perhaps he has no time been silent. to look into such things. I don’t find that any other Member has pointed SHRIMATI PARVATHI KRISHNAN out such things. If any Member has Apparently, we have better manners. pointed it out, I am happy about it. Thank you for the compliment that The Ninth Schedule is a very volumi­ you are paying to women. nous thing. Even small acts are put. Sir, I would like to say that I was in there. For political reasons they really surprised when Shri Raj Narain have put them there. But if Mr. was speaking and I have come to the Shanti Bhushan goes through this, conclusion after listening him very I am sure he wilt take this up. I am carefully that he is more an expert 0*1 sorry I have taken much of your time. Marx Brothers rather than on Kiar With these words. Sir, 1 once again Marx, except that the Marx Brothew congratulate him on behalf of our clowning is of a very intelligent^ party. I believe that this is not the order. That is all 1 have to say aobut ',v: end, but only the beginning. 1 hope this. he will take...... What I want to say in the Third MR. SPEAKER:...other steps also. Reading of this Bill is this. We have SHRI A. BALA PAJANOR: I want our very serious reservations on to congratulate him for the other certain aspects and we see what is thing also. Todav when 1 saw the happening in the country outside. voting figure in the, calculator there, Today, while we are discussing the 405, I feel how the country outside Constitution Amendment Bill and may feel that they can also go a step talking about strengthening democracy, further; that administration has not and strengthening the democratic come to a standstill because of the traditions and the democratic content psychological fear that has been creat­ of the Constitution, what is happen­ ed. Just now also we have seen a ing outside? It is the vested interests scene. I think this Constitution who have been attacking the less- Amendment Bill which is brought privileged and uriderJprivileged forward will give that confidence to classes. You know, Sir, what happen­ ttoe people of the country. Thank you. ed in Jamshedpur where people hav« 97 Con tttiution BHADRA 1, 1900 (SAK.A) (45th Amdt.) Bill 9s been thrown into the river. Therefore, education to come so that everywhere I want to bring this to the notice of in this country, whether in the tribal the Government, because they must region, or whichever language region understand. There I agree with Shri they may belong to, they would have Raj Narain that In the election mani­ a common orientation in education. festo, they had tried to win the confi­ As Shri Patwary put it clearly, in one dence of the people, common people, school in Assam, history is taught in under-privileged people in this country one way, and in another school in by promising that they would be given Tamil Nadu, it is taught In full protection and that they would way. How can the Assamese children be helped to march forward along understand the children of Tamil Nadu with the rest of the country, but that and how can they have a flpMmop out­ has not been happening. We have look, how can they have a common seen what happened in Kanjhawala approach even about the national liber­ and we also saw what happened in ation movement? We know, what fights Pantnagar and Bailadilla and we also have taken place, we know what strug­ see it happening everyday. This is gles took place—I am sorry, Shri a tragic thing. 1 would ask the hon. Samar Guha is not here, 1 would have Minister and the Government to wake brought Shri Netaji Subhash Chander up to this and stop their homilies and Bose her©— take practical action to protect all ‘weaker sections. 13.00 hrs. We have an evaluation about (he Now, I come to one or two points in various national movements, and on the Bill itself. We, as the Minister how it differed from area to area. knows very well, have learnt to our Gokhale is common to all India; so cost that he is one of those who do not are Tilak, Mahatmaji, Nehru, Bhagat believe in hearing or listening or being Singh; one after the other, during receptive to amendments, even when the national movement, they were all those amendments are with his own common to us. Therefore, in the outlook or claimed outlook for trying same way, Rajaji and Annadurai to strengthen the democratic content should be common to everybody. I of the Constitution. We have fought can go on and on with the list. But and will continue to fight on this the point is that when we say Con. •question of preventive detention. We current List, it is not merely because ■cannot support it either in spirit or of language. Everybody should have k jny other way. Therefore, I want to a common approach and a common dir­ make that position clear. ection so that in your All India ex­ aminations and in your All India Secondly, we are not impressed with Services, they can all have the com­ his presumption to define the Constitu­ mon basic training. This is really tion. We have already spoken about our approach to it. That is why it is that earlier, so I am not going into that we are supporting this Bill with that. reservations. With regard to education, it is not I would also like to assure the only the question of language; no. Minister—not to threaten him, but That is one aspect. What I would like to asure him—that we from our side, to say is that for the last thirty-one will continue to strive to see that the years, ducks ad drakes have been Constitution is strengthened, by these played with education in this country. points which I have made. Let him There is no concerted common orien­ remember this; we heard him talk tation for education, be it technical or quite a lot. But “Talk without act­ otherwise, and if we said that this ion, authority without power, hopes should be in the concurrent List, we without fulfilment—these are what wanted this common direction of preceded the French Revolution* I am 2571 LS—4 C on stitution AUGUST 23, 1878 <««* 10O [Shrimati Parvathi Krishnan] tit m m *rft fc ffc? t m t m t Jf not giving you a prophecy like that of wrtit *(t ft, fti l* r f t Mr. Bala Pajanor. My prophecy is quite different. mite* mxz \ f»rftftwT | f% ^ f t ^ ft €!■*«*.# % «*nt*r ft #%- •ft t i w w i : wgrw, f *r srra ft fisft iftr wnr ?cjt *fhrf)r «TT*ft vt *nff vt w r tTHTfflft «Ft srf%*ff v t fwrssr f wtffftr v tit v jt t t «F^t «ftT «ftT5f?r ^ arft«ptm w R r«Fift ir*r?r*i tit *ff*r f aftffc qv % fw i ^r?ftsnr ft?r t t T|t t 1 w «r I f?r«? ftv ^ rr'^ rr 5 fa faR «rrc«ff «ftTWrfl5W* (*T T, *> r»arT ^ 1 v t flwr amj tfh: faT ft f * ft*r ft:TPr?rrj> vt Tffairt *r ^H?ft*r TT^^irsftaftarm^ f f a ( $f i z * » t % fa ?TPfff * v f v f ft *rft *t ^HTrT ? **rft»PCtaftWf v w v j r * (f ^riTiTTr 1 *t%jt ft tit vrn % T^t t f t f a p r r f l «rf r^t f . <$* *r *rrr- irfnrnTerr ftrOTPr | ^ftr TSf far 7T*/T ft Tf *r w rrrrffa fc tfPT q o T | fv 5*rrt far* Tit Tf ft sflwrr ^ jnT«iTft v m ftfsr^rTTrT vr 5f T^r t, «r*rt’ ftft& ar¥T 35T fl»5IT | 1 w 5»T fa^rm *rf?r %* 18.08 hrs. Tfar?rr ifh c^ ft vt^ snft w^Nr, [Mr. DmnY-Swuxi® in the Chair] ?rv 5n??»T*rfasrPT *rt rtthct wtv- 3 TfSTfr ■*?5V2PT , W R TT f*T ?ff vt *nrfrr ^ rft^ ff wr fcrn rrr ?r?r w t 1 ft ^ w ft w^rr Tnpn g ft«ff * f*Ffwr v t wRrt?iJT N> ft titi *tar|jft ft «rarnrr «rr*rrvr |>% fo riri ft* r 1 w * rnrrmft Tr%fti wrarfrwruf | fr j^wft 101 Constitution BHADRA ClWH) (SAKA) (4501 A fftfo) BUI 102,

TfirK * *5# g s r r r s f t* VT*TT <*rSST f fV CpPffT % ^g§irffftotf «?*r ft»rf f i vnrcr *rtr vrfipp ferrra \n a*ftarr?ff <»t *tr frfirrre ^?r *Fpt m ^T%*TT I ^ftrar ^ ir art gnm rrfffrt t$ > | r f f wwft %■ ?rr«r t ^ farcr w * rtr «r?t ^ m m t , ?HT*T;T + ?tt vtfVirr, *r ^ MR. DEPUTY-SPEAKER: The hon. irm t fa *r> *mrt k tfrorwrgV **rrfa?r Law Minister. sftfvnr rit jer vs % PROF. P. G. MAVALANKAR: Kind­ v t t V t r snrr, f ^ f r t p t if *ft flFrnn^ t ly hear me. tft ?^mr ift v tfm j f tft tftortft jffarr *rr J 4r jpr v c t mwt % trnm m ^ MR. DEPUTY-SPEAKER: You have had enough of your say. ^r.% ¥> vtforo’ tft i y rvry t N r ir T R iftm if %w, 3r^t t ft fw *»r tft PROF. P. G. MAVALANKAR: I want to support the Bill in its final m r o r # $ 'r f w r f ^ stage; I do not want to be personal s f w r F^n^rrx^r $ i swfrT'ffo but...... jfira r if ir^r st^ tt % wftnww MR. DEPUTY-SPEAKER: There « m r % ^ wt$*, *jfa garro qft MR. DEPUTY-SPEAKER: Please take your seat; it is highly improper ^rfasft f*r?^?T t , ssraft to keep on monopolising the time of trc u crqr^ni ^ ^ t f^rrrr www the House. $t 1 vrfav f^rmr, vnr>r PROF. P. G. MAVALANKAR: I frpw tft wrnr ^tt ft»m want to go on record. I have left my vnr Trr^fhT afftrr *f for *ftr stfc vr wife in the hospital, who has been sud­ denly and seriously ill since last even­ I 1 **1? ^'$?rrf far**rvtsrr?r > ing, and yet I have come here only *mr qr qt* *rwftf*r?wr3rrflsfr?rr to express my support.... I ^rnff r t f w n ir a t staT^ rrf^ MR. DEPUTY-SPEAKER: You have fa? *f$ WKVTX XX *T> fadT^ 3JT 7 ft §- already gone on record. iftr fw «pr»t *P ^ *n*rtr | i PROF. P. G. MAVALANKAR: I w **r if *mtf v t ftrw R r ^ f t request you to kindly give me two t$ t t f a i r m r ^ * p h t minutes. wk ifa ft 1 MR. DEPUTY-SPEAKER: No, I am sorry; there are at least twenty other Members and I cannot make an I ? r w f *1? m«r %m^ft % exception. Please take your seat. v r ^ # TRff % fcmflf § f 5 r ^ Shri Shanti Bhushan. 103 Constitution AUGUST is , 1978 (45th A m dt.) Bill

PROF. P. G. MAVALANKAR: I tions in that regard which could have want to be clear on this important been usefully incorporated in thiar Bill. Constitution Amendment Bill. B ut possibly he is a very busy per­ MR. DEPUTY-SPEAKER: You son and therefore, I can quite appre­ have bad your say much more than ciate that in his very busy schedule^, others. perhaps he could not find time to> devote to this Constitution Amend­ PROF. P. G. MAVALANKAR: I ment Bill. would have finished in two minutes, by supporting it. Because I have opposed certain clauses, I wanted to urn m v m : support i t fcnsrr f gtfV qrc firfa v r ft aft w ra c MR. DEPUTY-SPEAKER: You have f>qT v t % w t v t already said so and it has gone on record. Mr. P. K. Deo and Prof. Mavalankar may please take their SHRI SHANTI BHUSHAN: He seats... (Interruptions) If I make an even suggested that in fact radio and exception in your case, I have to TV should be autonomous. Of course, make an exception in the case of so far as that policy of the Govern­ everybody else. I am sorry; I am not ment is concerned, it is a declared allowing you. You will not go on policy which has to be implemented. record if you persist like this. Shri But the question is whether it needs- Shanti Bhushan. a Constitutional Amendment, because an impression i.s going round that everything has to be done by a Con­ SHRI SHANTI BHUSHAN: Sir, I stitutional Amendment and can only am overwhelmed by the nice words be done by a Constitutional Amend­ which many hon. members of this ment. I would like to dispel that im­ House in their generosity and kind­ pression. In fact the impression has ness have chosen to say about me. I gone to that extent that I had invited must express my most sincere thanks a close friend to dinner and unfor­ to them for those words. I wish I tunately by the mistake of the cook could deserve some of those words there was too much salt in the curry. at least My friend pointed out to me, “What Shri Raj Narain has chosen to are you doing to introduce some clause in the Constitution Amend­ make some complaints that this Con­ ment Bill so that there would be no stitutional Amendment does not go far enough for solving many of the longer too much of salt in any curry at any place?” So, every problem problems that are there. I can only say that for a very long time he has cannot be. solved merely by introduc­ ing provisions in the Constitution been trying to educate me. Even when I was arguing his case and he Amendment Bill. was in jail, he used t0 write many letters to me very kindly sending his very valuable suggestions as to what Some hon. members, particularly. arguments Were to be advanced. I Mr. Venkataraman, referred to the wish that when to* was out of jail, he reservations which his party and per­ would have adopted the same ap­ haps some other parties also have proach and would have given me maintained in regard to some provi­ some concrete suggestions, which I sions of the Bill. When there are Im­ could have made use of. He was portant clauses, I would be the last even a valued member of the Cabinet person to say that any of those diffe­ and I would have been so happy if rences are not honest differences. I he had made some concrete sugges­ fully appreciate that there are honest Con::,tit·ution BHADRA 1, 1900 (SAKA) (45th Amdt.) BiU I06

differences of approach, because in a the Constitution for making amend- democracy honest differences some- ments in it is there. So, the mere times have to be there. It is some- fact that it has not been possible to times very difficult to say whether accept a certain suggestion is no re- one proposition is right or another flection on the merit of that sugge;a- proposition is right. In fact, so many tion also, I would like to assure hon. things so much remain in the womb Members. of the future that it is very difficult to say in advance whether a certain In regard to this anxiety about thing, w·hen it is introduced for the administrative tribunals, I would par- future, now it is likely to shape out. ticularly like to say that I hope that I can quite appreciate their anxieties after some period it would be possi- and apprehensions in regard to those ble for the Government to allay the important points. He has chosen to apprehensions. The anxiety of the refer to provisions regarding refe- hon. Members has been on account rendum, education and forest remain- of the fact that there is so much delay ing or not remaining in the concur- in the administration of justice. I rent list, administrative tribunals, hope hon. Members will also agree etc. I fully appreciate that there are that if these delays in the High Courts

L honest apprehensions or anxieties in and other courts can be eliminated, regard to those provisions. Perhaps then the very case which has been I" some of them may be on account of made out for these administrative tri- my incapacity that I was not able to bunals not being under the superin- project as to what could be said in tendence. of the High Courts will also favour of those provisions. In fact, disappea.r. The Government is very in regard to concurrent list and State keenly going into this problem, is list, obviously in a country of this devoting its fullest attention to this magniti 1de. differences will be there. problem, is making consultations at every possible level in r egard to thi;; SHRI HARI VISHNU KAMATH: problem and I am not only hopef:.11 Dissent is the soul of democracy! but confident that within a few years, within a short period, we would be able to overcom"! thls problem so SHRI SHANTI BHUSHAN : Yes; that there would be n'1 scop2 for ar.:· dissent is very important in a demo- further anxiety in that regard. cracy. Ultimately it is not the opinion of one person, but the combination of Shrimoati Parvathi Krishnan has, ·of so many factors which shapes such a course a rather gloomy outlook. I can vital document as the Constitution only ~ay that it is much more im- ~ of a country. Many valuable sug- portant to be an optimist rather than gestions have been made by many a pessimist, but I do not know whe- hon. members. Mr. Pajanor was sorry ther she would be willing to take my- that some of his suggestions could advice and change. her outlook from not be accepted. I may assure the one of passimism into one of hon. Member that even when very optimism. val\.l'able suggestions, against which nothing can be said, are made, it is not always possible to incorporate I do not wish to take more time. them because in a Constitutional Amendment the whole country's con- SHRI JYOTIRMOY BOSU (Dia- sensus has to be obtained. Not only mond Harbour): What about the has the measure to be a good one, mini Misa and preventive detention? but the people have to be convinced that it is required, thoat it has to be SHRI SHANTI BHUSHAN: Not incorporated. That is why this pro- only preventive detention, every type cedure which has been laid down in of detention is bad. At least I am 107 Constitution AUGUST 23, 1973 (45th Amdt.) Bili io8:

(Shri Shanti Bhushainl the vote of the House, let me say that one of those who think that we must this being a Constitution Amendment have a country in which there would Bill, voting has to be by division. be no scope for detaining any person The question is: either under so-called preventive de- "That the Bill, as amended, be tention or any other kind of detention passed" till he is proved guilty of an offence. The Lok Sabh.a divided; SHRI HARI VISHNU KAMATH (Hoshangabad) : Let it remain a Division No. 31] [13.25 hrs.. dead letter. AYES SHRI SHANTI BHUSHAN: Let us hope, particularly with an approach A bdul Lateef, Shri ·of consensus and co-operation rather A grawal, Shri Satish than one of confrontation, we shall be Ahsan Jafri, Shri able to build jointly a society in this Ahuja, Shri Subhash country, a society in which there would be no need for such laws, such Akbar Jahan Begum, Shrimati harsh Jaws like preventive detention, Alhaj, Shri M. A. Hannan or even the necessity of detaining a Amat, Shri D. person before he has been adjudged guilty of an offence, but in order to Amin, Prof. R. K. build such a society also, we have to Anbal'agan, Shri P. go through cer tain steps. Let me ex- Ankineedu, Shri Maganti press the hope that even Shri Ankineedu Prasada Rao, Shri Jyotirmoy Basu would agree with me that we should wait fo r the day when Ansari, Shri Faquir Ali any such ar: ~"';;:;~i.on in the society Argal, Shri Chhabiram from any quarter of such a kind Arif Beg, Shri which would justify the keeping of any such laws even on the statute- Arunachalam, Shri M. book in a potential manner would Arunachalam, Shri V. not be there. That would be a happy Asok'araj, Shri A. day, that would be. a daY for which Bagri, Shri Mani Ram an of us should look forward to. Bahuguna, Shrimati Kamala: With these words, I again express Bairagi, Shri Jena my very grateful thanks to all sec- 1ions of this House for extending fUll Bal, Shri pradumna ~o-operation to this measure. Balak Ram, Shri qrmr~: ~et~, · lf' Balbir Singh, Chowdhry Baldev Prakash, Dr. mfu "I"ur ~ ~'li ~ ~ m ;;rr Banatwalla, Shri G. M. ~ ~ I \if~ i:rt.fT ~- Barakataki, Shrimati Renuka Devii: qfa- fi;iq'f T %fT<" 4 ~ o~ ol'.t o "fr~ Barman, Shri Palas ~ ~r f~~ ~ ~. ma- fuir Barn-ala, Shri Surjit Singh Barrow, Shri A. E. T. Basappa, Shri Kondajji Basu, Shri Chitta SPEAKER: No further MR. Basu, Shri Dhirendranath speeches. We shall now go to division. The lobbies have been Bhakta, Shri Manoranjan cleared. Before I put the motion to Bhanwar, Shri Bhoagirath Om «tft«tto» BHADRA 1, 1900 (SAKA) (45th Amdt.) Bill n o

Bharnt Bhushan, Shri Dharia, Shri Mohan Bhattacharya, Shri Dinen Dhurve, Shri Shyamlal Bhattacharyya, Shri Shyaroaprasanna Digvijoy Narain Singh, Shri Bheeshma Dev, Shri M. Doley, Shri L. K. Birendra Ptmsad, Shri Durga Chand, Shri Bonde, Shri Nanasahib Dutt, Shri Asoke Krishna Borole, Shri Yashwant Fazlur Rahman, Shri Bosu, Shri Jyotirmoy Fernandes, Shri George Brahra Perkash, Chaudhury Gamit, Shri Chhitubhai Brij *iaj Singh, Shri Ganga Bhakt Singh, Shri Chakravarty, Prof. Dilip Ganga Singh, Shri Chand Ram, Shri Gattani, Shri R. D. Chandan Singh, Shri Godara, Ch. Hari Ram Makkasar Chandra Shekhar, Shri Gode, Shri Santoshrao Chandra Shekhar Singh. Shri Gomango, Shri Giridhar Chandrappan, Shri C. K. Gopal, shri K. Chandravati, Shrimati Gore, Shrimati Mrinal Chatterjee, Shri Somnath Gotkhinde, Shri Annasaheb Chaturbhuj, Shri Gowda, Shri S. Nanjesha Chaturvedi, Shri Shambhu Nath Goyal, Shri Krishna Kumar Chaudhary. Shri Motibhai R. Guha, Prof. Samar Chaudhuri. Shri Tridib Gulshan, Shri Dhanna Singh Chaudhury, Shri Rudra Sen Gupta, Shri Kanwar Lai Chauhan, Shri Navirah Singh Haider, Shri Krishna Chandra Chavan, Shrimati P. Harikesh Bahadur, Shri Chavda, Shri K. S. Hazari, Shri Ram Sewak Cnowhan, Shri Bharat Singh Heera Bhai, Kiri Chunder, Dr. Pratap Chandra Hukam Ram, Shri ‘Dandavate, Prof. Madhu Jagannathan, Shri S. Danwe, Shri Pundalik Hari Jagjivan Ram, Shri Das, Shri S. S. Jain, Shri Kacharulal Hemraj Das, Shri R. P. Jain, Shri Kalyan Dasappa, Shri Tulsidas Jain, Shri Nirmal Chandra Dasgupta, Shri K. N. Jaiswal, Shri Anant Ram Dave, Shri Anant Jasrotia, Shri Baldev Singh Dawn, Shri Raj Krishna Deo, Shri P. K. Jeyalakshmi, Shrimati V. Desai, Shri Hitendra Joshi, Dr. Murli Manohar Desai, Shri Morarji Kachwai, Shri Hukam Chand Deshmukh, Shri Nanaji Kadam, Shri B. P. De8hmukh, Shri Ram Prasad Kadannappalli, shri Ramachandrara Dhandayuthapani, Shri V. Kaiho, Shri Dhara, Shri Sushi! Kumar Kailash Prakash, Shri Kakade, Shri Sambhajirao I l l C onstitution AUGUST 28, 197* (45th Amdt.) BiU m

Kaldate, Dr. Bapu Mallikarjun, Shri Kamakshaiah, Shri D. Mandal, Shri B. P. Kamath, Shri Hari Vishnu Mandal, Shri Mukunda Kamble, Shri B. C. Mangal Deo, Shri Kanraan, Shri P. Mankar, Shri Laxman Rao Kapor, Shri L. L. Manohar Lai, Shri Kar, Shri Sarat Mathur, Shri Jagdish Prasad Karan Singh, Dr. Mavalankar, Pro!. P. G. Kasar, Shri Amrut Mayathevar, Shri K. Kaushik, Shri Purushottam Meduri, Shri Nageswara Rao Khal&a, Shri Basant Singh Meerza, Shri Syed Kazim Ali Khan, Shri Ismail Hossain Mehta, Shri Prasannbhai Khan, Shri Kunwar Mahmud AU Mhalgi, Shri R. K. Khan. Shri Mahmood Hasan Miri, Shri Govind Ram Khan, Shri Mohd. Shamsul Hasan Mishra, Shri Gr. S. Kidwai, Shrimati Mohsina Mishra, Shri Janeshwar Khrime, Shri Rinching Khandu Mishra, Shri Shyamnandam Kishore Lai, Shri Modak, Shri Bijoy Kisku, Shri Jadunath Mohanarangam, Shri Ragavalu Kodiyan, Shri P. K. Mondal, Dr. Bijoy Kolanthaivelu, Shri R. Mritunjay Prasad, Shri Kolur, Shri Rajshekhar Mukherjee, Shri Samar Krishan Kant, Shri Multan Singh, Chaudhary Krishnan, Shrimati Parvathi Munda, Shri Govinda Kundu, Shri Samarendra Munda, Shri Karia Kunhamhu, Shri K. Murthy, Shri M V. Chandrashekhara Kureel, Shri Jwala Prasad Murugaiyan, Shri S. G. Kureel, Shri R. L. Murugesan, Shri A. KuShwaha, Shri Ram Naresh Nahar, Shri Bijoy Singh Lakkappa, Shri K. Nahata, Shri Amrit Lai, Shri S. S. Naik, Shri S. H. Lalu Prasad, Shri Nair, Shri M. N. Govindan LlmsQrift, Shri Madhu Narayana, Shri. K. S. Mahals, Shri K. L. Narendra Singh, Shri Mahale, Shri Hari Shankar Nathu Singh, Shri Mahata, Shri C. (R. Nayak, Shri Laxml' Narain Mahi Lai, Shri Nayar, Dr. Sushila Mahlshi, Dr. Sarojini Negi, Shri T. S. Maiti Shrimati Abh* Onkar Singh, Shri Malhotra, Shri Vijay Kumar Pajanor, Shri A. Bala Malik, Shri Mukkhtiar Singh Pandey, Shri Ambika Prasad Mallanna, Shri K. Pandeya, Dr. Laxmmarayan Mallick, Shri Rama Chandra Pandit, Dr. Vasant Kumar Con stitution BHADRA 1,1900 {SAKA) (46th Amdt.) BiU 114

Paraste, Shri Dalpat Singh Ramachandran, Shri p. Ramalingam, Shri N. Kudanthai Parmai Lai, Shri Parmar, Shri Natwarlal B. Ramalingam, Shri P. S. Parthasarathy, Shri P. Ramamurthy, Shri K. Ramapati Singh, Shri Paswan, Shri Ram Vila* Ramaswamy, Shri S. Patel, Shri Ahmed M. Ramdas Singh, Shri Patel, Shri Dharmasinhbhai Ramji Singh, Dr. Patel. Shri H. M. Ramjiwan Singh, Shri Patel, Km. Maniben Vallabhbhai Ramoowalia, Shri Balwant Singh Patel, Shri Meetha Lai Rangnekar, Shrimati Ahilya P. Patel, Shri Nanubhai N. Ranjit Singh, Shri Patidar, Shri Rameshwar Rao, Shri J. Rameshwar Patil, Shri D. B. Rasheed Masood, Shri Patil, Shri S. D. Rathor, Dr. Bhagwan Dass Patnaik, Shri Biju Ravi, Shri Vayalar Patnaik, Shri Sivaji Ravindra Pratap Singh, Shri Patwary, Shri H. L. Reddi, Shri G. S. Periasamy, Dr. P. V. Reddy, Shri K. Vijaya Bhaskara Phirangi Prasad, Shri Roy, Shri A. K. Pipit, Shri Mohan Lai Roy, Dr. Saradish Poojarx, Shri Janardhana Saeed Murtaza, Shri Pradhan, Shri Amar Roy Saha, Shri A. K. Pradhan, Shri Pabitra Mohan Saha, Shri Gadadhar Pradhani, Shri K. Sahoo, Shri Ainthu Pullaiah, Shri Darur Sai, Shri Larang Quceshi, Shri Mohd. Shaft Sai, Shri Narhari Prasad Sukhdeo Raghavjl, Shri Saini, Shri Manohar Lai Ratfhu Ramaiah, Shri K. Samantasinhera, Shri Padmacharan Raht, Shri Ram Lai Sanyal, Shri Sasankasekhar Rai Shri Gauri Shankar Saran, Shri Daulat Ram Rai, Shri Narmada Prasad Rai, Shri Shiv Ram Sarangi, Shri R. P. Raj Narain, Shri Sardar, Shri Mahendra Narayan Rajaa, Shri K. A. Sarkar, Shri S. K. Rajda, Shri Ratansinh Sarsonia, Shri Shiv Narain Rakesh, Shri R. N. Satpathy, Shri Devendra Ram, Shri R. D. Sathe, Shri Vasant Ram Charan, Bhrl Satya Deo Singh, Shri Ram Dhan, Shri Sen, Shri Robin Ram Gopal Singh, Chaudhury Seyid Muhammad, Dr. V. A. R an icifih^w, Shri Shah, Shri Surath Bahadur Ram Murti, Shri Shakya, Dr. Mahadeepak Singh Ram Sagar, Shri Shankar Dev, Shri Con stitution AUGUST 28, 1878 (45th Amdt.) BUI u C

Sharma, Shri Jagannath Tombi Singh, Shri N. Sharma, Shri Rajendra Kumar Tripathi, Shri Madh&v Prasad Sharma, Shri Yagya Datt Ugrasen, Shri Shastri, Shri Bhanu Kumar Vajpayee, Shri Atal Bihari Shastri, Shri Ram Dhari Varma, Shri Ravindra Shastri, Shri Y. P. Vasisht, Shri Dharma Vir Shejwalkar, SHri N. K. Veerabhadrappa, Shri K. S. Sheo Narain, Shri Venkataraman, Shri R. Sher dingh, Frol. Venkatareddy, Shri P. Shiv Sampati Ram, Shri Verma, Shri Brijlal Shrangare, Shri T. S. Verma, Shri Hargovind Shrikrishna Singh, Shri Verma, Shri R. L. P. Shukla, Shri Madan Lai Verma, Shri Sukhdeo Prasad Sikander Bakht, Shri Visvanathanf Shri C. N. Singh, Dr. B. N. Yadav, Shri Hukmdeo Narain Singha, Shri Sachindralal Yadav, Shri Jagdambi Prasad Sinha, Shri C. M. Yadav, Shri Ramji Lai Sinha. Shri H. L. P. Yadav, Shri Sharad Sinha, Shri M. P. Yadav, Shri Vinayak Prasad Sinha, Shri Purnanarayan Yadava, Shri Roop Nath Singh Sinha, Shri Satyendra Narayan Yadvendra Dutt, Shri Somani, Shri Roop Lai Zulflquarullah, Shri Somani, Shri S. S. NOES Somasundaram, Shri S. D. Nil Stephen, Shri C. M. ME. SPEAKER: Before I announce Sukhendra Singh, Shri the result, let me thank all the Mem­ Suman, Shri Ramji Lai bers belonging to all the parties for Suman, Shri Surendra Jha the co-operation they have extended to me in disposing of this measure. Sunna Sahib, Shri A. Thank you very much. Suraj Bhan, Shri Subject to correction, the result* of Surya Narain Singh, Shri the division is as follows: Swamy, Dr. Subramaniam Ayes: 355 Swatantra, Shri Jagannath Prasad Noes: Nil. Talwandi, Shri Jagdev Singh Tej Pratap Singh, Shri The motion is carried by a majority of the total membership of the House Thakur, Shri Aghan Singh and by a majority of not less than Thorat, Shri Shauaahab two-thirds of the Members present Tiwari, Shri Brij Bhushan and voting. The Bill, as amended, is Tiwary, Shri D. N. passed by the requisite majority in accordance with the provisions of Tiwary, Shri Madan Article 368 of the Constitution. Tohra, Shri G. S. The motion wag adopted. •The following Members alsf recorded for AYES* Sarvshri Vlnod bhai B. Sheth and Ramanand Tiwary. U 7 Pa**r* BHADBA 1, 1900 (SAKA) Papers Laid H 8

MR. SPEAKER: I think, in view I request lor the indulgence of the of this, you are entitled to lunch. So, House to please try to be m brief and we will adjourn for lunch (HI 2.30 pjm. ag cooperative as possible, on every point because the Delhi Police Bill HJte hr*. has got to be passed today. It cannot go beyond today because the Ordi­ The Lok Sabha adjourned for Lunch nance will expire on the 27th. Wo fill thirty minutes past Fourteen of the have to pass it today ang the Rajya Clock. Sabha will pass it tomorrow. So, I request everybody to cooperate and to, let us proceed with the business. The Lok Sabha re-assembled after Lunch at thirty minutes past Fourteen of the Clock, 14.32 tors. [Dr. Sushila Nayar in the Chair.] PAPERS LAID ON THE TABLE MR. CHAIRMAN: Papers to be laid. A u d ited A c c o u n ts o f F i l m a n d T i l e - . v is io n I n s t it u t e o p I n d ia , P u n * and SHRI SOMNATH CHATTERJEE S t a t e m e n t fo r delay (Jadavpur): Madam Chairman, I have given notice of a privilege matter. THE MINISTER OF INFORMA­ What is the position, I want to know. TION AND BROADCASTING (SHRI L. K. ADVANI); I beg to lay on the Table:— MR. CHAIRMAN: I am sorry. If you have given notice of a privilege (1) A copy of the Audited Ac matter—l have not seen the papers. They will be seen to by the Speaker counts (Hindi and English versions and they will be dealt with later. of the Film and Television Institute of India, Pune, for the year ended 31st March, 1977. SHRI JYOTIRMOY BOSU (Dia­ mond (Harbour): Madam Chairman, (2) A statement (Hindi and Eng­ it is a very important matter concern­ lish versions) showing reasons for ing the misconduct committed by a delay in laying the above document. ; member of this House which has deni­ [Placed in Library. See No. LT- grated the dignity 0f the whole House. 2668/78.] It has been done within the hearing Of the Visitors’ Gallery, the Press On. Industry Development Board Gallery, the Members and the staff. Employees (Medical Attendance) - The dignity of the whole House had R u le s , 1978 been denigrated yesterday. The language that had been used I cannot THE MINISTER OF PARLIAMEN­ repeat here. TARY AFFAIRS AND LABOUR (SHRI RAVINDRA VARMA): On MR. CHAIRMAN; j have no doubt behalf of Shri H. N. Bahuguna, I beg that when Shri Jyotirmoy Basu raises to lay on the Table a copy of the Oil something, it must be of a very greet Industry Development Board Emplo- importance and, when he is supported Wedical Attendance) Rules, oy Shri Somnath Chatterjee, jt .*nust 1978 (Hindi and English versions) oe of a still greater importance. I am LU-b£? led in Notification No. G.S.R. afraid, it is jUst utterly impossible for 397(E) in Gazette of India dated the me to deal with it at this time. I 9th August, 978, under sub-section ( 8), have neither seen the papers nor can of section Si of the Oil Industry 1 talw up that Issue at this stage. (Development) Act, 1974. [Placed in . Library. See No. LT-2689/78.] P ap an Laid AUGUST 23, 1978 Papers Laid 129

A n n ual Report of National Sued: Review and Annual Report or T a n ­ Corporation Ltd., New Delhi mm nery and Footwear Corporation cm 1978-77, Statem ent re. Governments India Ltd., Kanpur fob 1978-77 ami AGREEMENT WITH TOE REPORT AND Statement for delay Statement for Delay THE MINISTER OF STATE IN THE MINISTRY OF INDUSTRY SHRI RAVINDRA VARMA: On (SHRIMATI ABHA MAITI): On be­ behalf of Shri Surjit Singh Barnala, half of Shri George Fernandes, X beg 1 beg to lay on the Table:— t0 lay on the Table:— (1) A copy each of the following (1) A copy each of the following papers (Hindi and English versions) papers (Hindi and English versions) under sub-section ( 1) of section under sub-section ( 1) of section 619A of the Companies Act, 1956:— 619A of the Companies Act, 1956:— (i) Review by the Government (i) Annual Report of the Na­ vn the working of the Tannery tional Seeds Corporation Limited, and Footwear Corporation of New D e lh i, for the year 1978-77 India Limited, Kanpur, for tbs along with the Audited Accounts year 1978-77. and the comments of the Comp­ troller and Auditor General there­ (ii) Annual Report of the Tan­ on. nery and Footwear Corporation of India Limited, Kanpur, for the (ii) A statement explaining year 1978-77 along with the Au­ that Government are in agreement dited Accounts and the comments with the above Report and there­ of the Comptroller and Auditor fore no separate Review on the General thereon. working of the Corporation (2) A statement (Hindi and Eng­ being laid. lish versions) showing reasons for delay in laying the above papers. (2) A statement (Hindi and Eng­ fPlaced in Library. See No LT- lish versions) showing reasons for 2872/78."] delay in laying the above papers. [Placed in Library. See No. LT- Notifications under M erchant Shop­ 2870/78.] p in g A c t, 1958

N otification under Representation or THE MINISTER OF STATE IN the People Act, 1950 CHARGE OF THE MINISTRY OT SHIPPING AND TRANSPORT (SHRI CHAND RAM): I beg to lay on the THE MINISTER OF LAW AND Table a copy each of the following JUSTICE AND COMPANY AFFAIRS Notifications (Hindi and English ver­ (SHRI SHANTI BHUSHAN): I beg sions) under sub-section ( 8) of sec­ to la y on the Table a copy of Noti­ tion 458 of the Merchant Shiping fication No. S.O. 447(E) ((Hindi and Act, 1958:— English versions) published in Gazette (1) The Sailing Vesesls (Me­ of India dated the 14th July, 1978, mbers of Crew) Amendment Rules, making certain amendments in the 1978, published in Notification No. description of constituencies in Sche­ G.8.R. 855 in Gazette of India dated dule XVIi of the Delimitation of Par­ the 20th May, 1978. liamentary and Assembly Constituen­ (2) The Sailing Vessels (Inspec­ cies Order, 1978, under sub-section tion) Amendment Rules, 1978, pub­ (2) of section 9 of the Representation lished in Notification No. G.S.R 715 of the People Act, 1950. [Placed In in Gazette of India dated the trd Library Set No. LT-2871/78.] June, 1978. Paper* la id BHADRA 1, 1900 (SAKA) Papers Laid 122

(8) The Merchant Shipipng Control (Amendment) Order, 1977,. (Registration of Sailing Vessels) published in Notification No. Amendment Rules, 1978, published S.O. 1382 dated the 14th May, 1977. In Notification No. GJ5JEL 716 in Gazette of India dated the 8rd (2) A statement (Hindi and Eng­ lish versions) showing reasons for June, 1978. delay in laying the above Notifica­ [Placed in Library. See No. LT- tions. 2898/78.] [Placed in Library. See No. LT- Standards OF weights and Measures 2675/78.] (Packaged Commodities) Amendment Rxjusb. 1978 Annual Report of C entral vigilance Commzsszon for 1977-78 a n d M e m o ­ THE MINISTER OF STATE IN r a n d u m GIVING REASONS FOR NON- TOE MINISTRY OF COMMERCE a c c e pt a n c e b y G o v e r n m e n t o f cer ­ AND CIVIL SUPPLIES AND CO­ t a in pa r ts o f t h e R e po r t OPERATION (SHRI KRISHNA KUMAR GOYAL): I beg to lay on THE MINISTER’ OF STATE IN the Table a copy of the Standards of THE MINISTRY OF HOME AFFAIRS Weights and Measures (Packaed (SHRI S. D. PATIL): I beg to lay on Commodities) Amendment Rules, the Table: 1S78, published in Notification No. (1) A copy of the Annual Report GAR. 347(E) in Gazette of India (Hindi and English versions) of the dated the 30th June, 1978 (English Central Vigilance Commission for version) and G.S.R. 347(E) 957 pub­ the year 1977-78. lished in Gazette of India dated the 29th July, 1978 (Hindi version) under (2) Memorandum (Hindi and sub-section (4) of the section 83 of the English versions) explainig the standards of weight and Measures Act, reasons for non-acceptance by Gov­ 1976, [ Placed in Library. See N o. ernment of the Commissions’ advice LT-2674/78.] in certain cases mentioned in the above Report. Notifications unde® Essential Com­ modities Act, 1955 and statem ent for I Placed in Library . See No. LT- DELAY 2676/78.] SHRIMATI ABHA MAITI: I beg Report re. intake of S.C. a n d S.T. xn to lay on the Table:-— Railways against vacancies reserved f o r t h e m (1) A copy each of the following Notifications (Hindi and (English THE MINISTER OF STATE IN versions) under sub-section ( 6) of THE MINISTRY OF RAILWAYS section 3 of the Essential Commodi­ (SHRI SHEO NARAIN): I beg to ties Act, 1955: — lay on the Table a copy of the Report (Hindi and English versions) on the (i) The Textiles (Production by progress made in the intake of Knitting, Embroidery, Lace leak­ Scheduled Castes and Scheduled ing and Printing Machines) Con­ Tribes against vacancies reserved for trol (Amendment) Order, 1978, them in recruitment and promotion published in Notification No. categories on the Railways for the S.O. 431 in Gazette of India dated half year ending 30th September, the 18th February, 1978. 1977. [Placed in Library. See No. LT-2677/78.] (11) S.O. 829 published in Gazette of India dated the 25th Correction of answer to S.O. No. 424 March, 1978 containing corrigen­ d a t e d 14-8-78 re closure .of F.C.I. dum to the Textiles (Production D e p o t by Knitting, Embroidery, Lace SHRI RAVINDRA VARMA; On Making and Printing Machines) behalf of Shri Bfoftnu Pratap Singh, Papers L aid AUGUST 23, 1978 Papers Laid 124

[Shri Ravindra Varma] inadvertantly omitted. It is now I beg to lay on the Table a state­ understood that this depot is locally ment correcting the reply given on known also as Ashok Nagar Depot the 14th August, 1978, to Starred after the name of the locality in which Question No. 424 regarding closure of it is situated. A revised and corrected F.C.I. depots. statement is placed on the Table Of STATEMENT the Sabha incorporating information In the reply given in Lok Sabha on relating to this depot also. 14th August, 1978 to Starred Question (a) Yes, Sir. No. 424 asked by Shri Madan Tiwary regarding closure of Food Corporation (b) The dates with reasons and the of India depots, information relating number of workers affected is M to Habra Depot in West Bengal was follows—

Central Warehousing Corporation, The depot is closed down by the Central Okhla, Delhi. Warehousing Corporation authorities w.e.f. 28-12-77 on account of labour touble. Labour engaged at Okhla CW C was usually between 30 to 35.

Faridabad, Haryana The depot is closed since 1-4-78 due to agitation by labourers, numbering 50 to 100, employed by the Handling and Transport Contractor working in this depot for their regularisation.

Habra (Ashok Napar) Depot, It was closed from 17th December, 19 7 7 * West Bengal 30 to 40 workers employed by the handling and transport contractor working in this depot prior to December 1977 have been affected. Their demands are pay­ ment ofarrear dues by the contractor higher wages and departmentalisation o f labour.

(c) Stock position at these depots is as under: C.W .C...... 2,173 M .T.

Faridabad, Haryana 24,113 M .T.

Harbra (Ashoka Nagar), West Bengal 1,793 M .T.

The maintenance of the stocks is (f) Does not arise. being looked after by the Quality Con­ trol Staff at Faridabad and Habra Notifications under Central Exczsi (Ashok Nagar) Depots. The stock at R u le s , 1944, Customs Act, 1962, A 11- C.W.C., Delhi is maintained by C.W.C. nual Reports of National Insurance Co. Ltd.. Calcutta and O riental Fnut (d) No employees of Food Depart­ ment are working at these depot?. and General Insurance Co. Ltd., New Delhi with Explanatory statement (e) No direct work was taken from by Government and Statements fob workers at these depots. Therefore, Delay question of withholding payment or of non-payment to workers does not THE MINISTER OF STATE IN arise. THE MINISTRY OF FINANCE (SHRI P ap ers L aid BHADRA 1, 1900 (SAKA) Papers Lata i 2t

ZULFIQUARULLAH>: I beg to lay on (iv) G.S.R. 406(E) published in the Table:— Gazette of India dated the 14th August, 1978, together with an (1) A copy each of the following explanatory memorandum regard­ Notifications (Hindi and English ver­ ing rate of exchange for conver­ sions) issued under the Central sion of Swiss Francs into Indian Excise Rules, 1944:— Rupees and vice-versa for pur­ poses of valuation under section (i) G.S.R. 403(E) and 404(E) 14 of the Customs Act, 1962, published in Gazette of India dated the 9th August, 1978, together with (v) G.S.R. 412(E) published in an explanatory memorandum re­ Gazette of India dated the 16tb garding concession in excise duty August, 1978, together with an in respect of specified varieties of explanatory memorandum regard­ cotton fabrics manufactured on ing rate of exchange for conver­ power-looms. sion of Pound Sterling into Indian Rupees and vice-versa for pur­ (ii) G.S.R. 405(E) published in poses of valuation under section Gazette of India dated the 14th 14 of the Customs Act, 1962. August, 1978, together with an explanatory memorandum regard­ [Placed in Library. See No. ing reduction in the period during 2680/78.] which the quantity of excess (vi) Notification Nos. 164-Cus­ sugar produced was entitled to toms and 165-Customs published concessional rate of duty. in Gazette of India dated the 21st [Placed in Library. See No. August, 1978, together with an LT-2679/78]. explanatory memorandum regard­ ing exemption from customs duty (2> A copy each of the following on gold imported for being sold Notifications (Hindi and English as replenishment for the gold used versions) under section 159 of the in the jewellery exported out of Customs Act. 1962: — India. [Placed in Library. See No. 2681/78], (i) G.S.R. 396(E) published in Gazette of India dated the 7th (3) A copy each of the following August. 1978, together with an papers (Hindi and English versions) explanatory memorandum regard­ under sub-section ( 1) of section 619A ing rate of exchange for conver­ of the Companies Act, 1.956:—- sion of Japanese Yen into Indian Rupees and vice versa for pur­ (a) (i) Annual report of the poses of valuation under section National Insurance Company Li­ 14 of the Customs Act, 1962. mited, Calcutta, for the year end­ ed 31st December, 1976, along (ii) G.S.R. 998 published in with the Audited Accounts and Gazette of India dated the 12th the comments of the Comptroller August, 1978. together with an and Auditor General thereon. explanatory memorandum regard­ (ii) A statement explaining that ing grant of exemption from im­ Government are in agreement with port duty on Cuprammonium the above Report and therefore no staple fibre (Bomberg fibre). separate Review on the working of the Company is being laid. (iii) G.S.R. 999 published in Gazette of India dated the 12th [Placed in Library. See No. August, 1978. together with an LT-2682/78]. explanatory memorandum regard­ (b) (i) Annual Report of the ing the concessional customs duty Oriental Fire and General Insur­ available to stainless steel. ance Company Limited, New 127 Papers Laid AUGUST 23, 1978 Message from R. S. i j g

[Shri Zulflquarullah] MESSAGE FROM Delhi, for the year ended 31st December, 1976 along with the SECRETARY: Sir, I have to report Audited Accounts and the com­ the following message received from ments of the Comptroller and the Secretary-General of Rajya Sa­ Auditor General thereon. bha:— (ii) A statement explaining that ‘I am directed to inform the Lok Government are in agreement Sabha that the Rajya Sabha, at its with the above Report and there­ sitting held on Thursday the 174k fore no separate Review on the A>ugust, 1978, passed the enclosed working of the Company is being motion concurring in the recommen­ laid. dation of the Lok Sabha that the Rajya Sabha do join in the Joint Committee of the Houses on the (4) Two statements (Hindi and English versions) showing reasons Scheduled Castes and Scheduled for delay in laying the documents Tribes Orders (Amendment) Bill, mentioned at (3) above. 1978. The names of the members nominated by the Rajya Sabha to [Placed in Library. See No. LT- serve on the said Joint Committee 2683/78]. . are set out in the motion.

Notifications under Central Excise R u le s , 1944 MOTION

SHRI ZULF1QUARULLAH: I beg “That this House concurs in the to lay on the Table a copy each of the recommendation of the Lok Sabha following Notifications (Hindi and that the Rajya Sabha do join in the English versions) issued under the Joint Committee of the Houses on Central Excise Rules, 1944: — the Bill to provide for the inclusion in, and the exclusion fr:)m, the lists (1) Notification No. 157/78 pub­ of Scheduled Castes and Scheduled lished in Gazette of India dated the Tribes, of certain castes and tribes 23rd August, 1978 regaiding grant and resolves that the following ten of full rebate of the duty paid on members of the Rajya Sabha be Refined diesel oil, Light Diesel Oil nominated to serve on the said Joint an'5. Furnace Oil, when supplied to Committee:— bunker ocean-going vessels on for­ 1. Shri N. P. Chaudhari eign run. 2. Shri Phanindra Nath Hansda

(2) Notification No. 158/78 pub­ 3. Shri Jagbir Singh lished in Gazette of India doted the 4. Shrimati Jamuna Devi 23rd August, 1978 regarding reduc­ tion in the basic duty on furnace oil 5. Prof. N. M. Kamble supplied to bunker coastal vessels to the pre-16.12.1977 level. 6. Shri B. D. Khobragade 7. Shri Buddha Priya Maurya (3) An explanatory memorandum (Hindi and English version?) regard* 8. Shri Roshan Lai ing the above two Notifications. 9. Shri Harkishan Singh Surjeet [Placed in Library. See No. LT- 2684/78]. 10. Shri V. V. Swamlnathan.”.’ Ira fa jBHAbltA I, 1006 (SAKA) Tribal* into Subama - jjq rekha River (CA) l i N l n . ' one to a backward class. Fiirt&er in­ tensive search for bodies resulted in CALLING ATTENTION TO MATTER OF URGENT PUBLIC IMPORTANCE the recovery on the 17th August of one more dead body of a two year Reported throwing or some ihxbals child in a highly decomposed state XMTO THE SUBARNAfflEKKA REVER AT on the bank of Subarnarekha river. Javwhedpuh on 10th August, 1978 No one has so far come forward to claim this body. According to the MR. CHAIRMAN: We take up the State Government, this death does Calling Attention. Mr. Venkatasab- not appear to be connected with the b&iah.. .He is not present. Mr. Lax- previous day’s incident. man Rao Mankar. The Police reached the spot imme­ SHRI LAXMAN RAO MANKAR diately on receipt of information and fi ^ 1 jprct 3T?r SHRI S. D. PATIL: X have not, but «JfT ^ ^rnrsft fc f a *l*TTif*ZT the Chairman of the Scheduled Castes and Scheduled Tribes Commission has ^ «rr ifo wf*sr W % *n£t &—# bt f a faijr »nn $ SHRI A. K. ROY: Had the Minister fa Ti|fsr ?r fftr gone there, he would not have said like this. ^rft ft Wk *F3 fa?ft |— MR. CHAIRMAN: Please take your ffrT *ft f^T^lr I ? v s Tr seat, let the Minister continue. *r TTO SHTft (*n$*T): it fTfWrR1 *it iRrrer v K *FT?[T m «rt arrff a*m?r $ 1 «wr t”T*rc fawr g 1 srsnsr x $xt «tt 1 «f>*rnyrf>?rT ? fa ff«nrR § vr vnfanflnflf % irafi aft fc . . . •ft® *t»r far* % TrT«r #n it ir fa r fluwfw vnfrw : *rTW s n r «t* 1 %?TT fa *PlfaiT qtqTn t WIT v it ft WT(T ffr ift VTttTTt 3ft * tt ^ 5tt*t 3 n * fa * .ir I n fa ^ ^ fr *t i t f b t o fc tftr fpTTrr f*r^ *rtr Tk-wr sn^fasH *r t i t 3* *t ffwr ?t wai t 1 fsrcrr ’* w q t f r t i ? h t « n t i t trrq irtwrffg^ fa ----- SHRI S. D. PATIL: The body which was found on the next day, •ft nsft x m m i\ : !tw I r that is, on the I 7h August, is of a child of 2 years and it was in a highly SHRI A. K. ROY: Let the Prime decomposed condition. The incident Minister come... was avowedly on the 16th and when the body was found in such a decom­ im rafirflgta ; * W'X posed condition, it only indicates that it has no relationship with this parti­ tm#f cular incident. Nobody has come for­ fa^t?wm tfa«mr ward and those who have complained ?im fa? f t iiftn r against this have not come forward to say that the body belonged to them m « w m t « * 133 ThrowtmQ «4 w mt BHADRA 1, 1800 (SAKA) Tribal® into Subama- r3 4 rekha River (CA) '♦•w after I iftsw tu ftrc? ftsftw MR. CHAIRMAN: What I meant was that the Speaker is extremely m finfw arrfr f i S**1* tolerant and extremely patient; he v t *tw § fa|irftftnr® % *T» wrft has been an eminent judge. $, fjp % w ft f i aft jtto im j 1 am only a Chairman and I cannot $ ^ ^ |, prrvtf ?r$rita emulate the Speaker. Therefore, I will sp rit $ i, fapr % ^rnr wrcf f s w t not tolerate thi* sort of thing. The hon. Minister may please continue. t ft i ftft i[* ft m ft fry r *rr ____ «ft TH? w rotf: *rr w r r u f p r R $ i t o r f t « f t «ft fawra* gffw wiw ( ?r?T¥T) : aft »[$ *ferV £ 3* *r?t *n*n; fa$rc ar$ tran |, «ft *rf<|fti |i.. firftr % ssw i i (WWW ) $* sft'ff ^ ft ^TRRT fa* f t. . . AN HON. MEMBER: We would like to hear the Prime Minister. «ft qo *o Tm : ftrr farw

$ f* w r srgR ^r^Fr ?fr «f> ^ram t «ft TW HflWST : W W fH ST€TT5T ftsft %t* fftfft??T t I ftft *> STW ^ r |^ T « F T

*jcT tfH rw *r r *w r | ... ?r£t femT to t $art ft«rr TtH VK fiWT TOT I w r Th s^rtra : i^rarpft *pt%. tpt *rr$?r ts i traratini^ta : *tt't*>'tw * fe * ? r tot t i sr»rc ft *rtfa T%*fV ?fT *ft qo %0 ttu : srrq ?ft qr^ CTH m

Let the Prime Minister come. We qgt «ts®t ijm i want that the Prime Minister should come and explain this __ (Interrup­ a«!*ft : ft^V STTcT VI tions) . irnw srtpt *r^f fs*n ? MR. CHAIRMAN: I am not patient tranftr like the Speaker; I will not tolerate this. Anybody who interrupts... *rm 5^ ^ t i (Interruptions)** SHRI K. GOPAL (Karur): Madam Chairman, on a point of order. Nor­ wt ^ warm- mally, a Member cannot cast any aspertions on the chair I think, you ■Rflr w r t ^ ? [ f lr agree with me. But, the chair itself ^ rrtrifY i has cast aspertions on the chair. You are saying that you are not like the f j R r v t f t f r j Speaker and you will not tolerate this. What is tWa? qrr zffvpn, wnwr \

* * Mot racorded. 135 Throwing of some AUGUST » , 197i lYtba ts tato fiufcama- ■ 135 rekha River (CA) m m Chair and do not have conversation m a rffff srfTforr i with one another? If any of you have information, you can give it to him outside. ««rwfar wfer* ^Tfrr artnr *?ft aft, fare tt m( www «mf (* ttra y c ): efYFar^* i s*rrof!r 1 1 aft # *nft trtfw § SHRI S. D. PATIL: Mr. Mankar has 3TPTTT $ f a w t s raised three points. I shall say why that body which was found on the ^°t *rr? apY wnfcv 17th August in highly decomposed 3rr*r fsrcr *rr*r$T position cannot be related to the first incident. I had already said that this sr?r*>r *rr»r% wt* i body which was unclaimed and un­ identified was in a highly decomposed firar sfa'r enrr * WT in whose name the contract stands. In this particular case one Sachidanand wfersrwr v tf sr*rr«fV ? Mishra appears to be the benami con­ SHRI S. D. PATIL: The demand tractor because the real contractor is for judicial enquiry will rest with Sheoji Singh who is a rich man in the State Government. The State Jamshedpur; he has taken the con­ Government officials have taken tract for Rs. 5.25 lakhs and the con­ prompt action in this matter. Not tract is to expire on 31st December only that. Relif is also given to each 1978. Both Sheoji Singh and his family. Grant of Rs. 5000 to each nephew who are involved in the of­ affected family by the Chief Minister fences—both Sheoji Singh and Bharat of Bihar has also been announced. Singh—are absconding and a warrant Two cases have already been re­ has been issued. Their properties are gistered. All responsible officers have also tried to be attached according to gone to the spot, including the Chair­ procedure. 26 rounds of rifle ammuni­ man of the Scheduled Castes and tion were recovered and a case No. 17 Scheduled Tribes Commission and the of 16th August 78 has been registered Joint Secretary of the Home Ministry. in Police station Sackchi under sec­ Immediate relief has been distributed tions 25A/27/35 of the Arms Act. No among the affected families as follows: other weapons were found with the Rs. 100 in cash, dhoti, sari. 15 days persons or contractors, The contrac­ ration, salt, match boxes, etc. to each tor is absconding and he is not trace­ family. Clothes are also given for able. All attempts are being made to all affected persons. Also mustard oil. trace him. (Interruptions ). The real dalda, rice, dal and lanterns etac.—all contractor it Sheoji Singh. (Interrup­ these things are provided immediate­ tions). ly. (Interruptions ). ME. CHAIRMAN: Mr. Roy, you MR. CHAIRMAN: Hon. members have no business to interrpt. Mr. Mi­ from this side of the House, particu­ nister, will you please address the larly, it is absolutely wrong tfc keep ra * Throwing of tome BHADRA 1, 1W0 (SAKA) Trtbdla into Subamar x*.g rekha River (CA) on a running commentary. This is has been taken, has miserably failed not how the business of the House to protect the Harijans and the Tribal* cim tie transacted. The Minister ans­ from the onslaught of the landlords wers, but people whose names are not and other exploiting classes. here keep on interrupting. This ia very wrong. It should not be done, You are aware that we were all we will never be able to get through agitated, the entire House was con­ the business like this. Mr. Roy, I will cerned very much, on the Belchi mas­ not allow you to speak. Please sit sacre. It was hoped that the strong down. condemnation expressed by this House and outside by a large num­ THE PRIME MINISTER (SHRI ber of people and organisations would MORARJI DESAI): 1 can understand result in an improvement of the the excitement. But then prompt ac­ situation in that State, but unfortu­ tion has been taken by the authorities nately Belchi was followed by so there. Culprits have been arrested many other mini-Belchis. It was fol­ and relief given. I was assured by lowed by Pathadda on June 10th of the Chairman of the Commission last year when Harijans were for­ which has been appointed for sche­ cibly taken away by the landlords, duled Castes and scheduled tribes locked in a school and then paraded that he is satisfied with the steps through the streets. They tied ropes taken. He had gone there and he round their necks. The Bihar Govern­ has made certain suggestions for the ment itself appointed a Committee future which we are going to consider and the Committee has condemned and act on them. Therefore, it cannot this incident. be said that proper action has not been taken in this matter. What has happened is certainly very very It was followed by the Dharampura wrong but then in future we will incident where four Harijans includ­ make arrangements to see, that such ing three educated youngmen were things do not happen. That is all shot dead by the local Mahant and that we can do. his hirelings.

15 lira. . ; This incident was followed by the Bishrampur outrage, almost a Belchi- SHRIMATI AHILYA P. RANGNE- like incident, where Harijans were KAR (Bombay North-Central): He massacred. The seventy year old father said they are absconding. of a local Harijan leader and his SHRI MORARJI DESAI: Not only 65 year old mother were dragged out have they been arrested, but the pro­ oi the House and shot dead and perty of the absconders has also been thrown into the fire and burnt. attached. So, my main point is that it is not SHRI P. K. KODIYAN (Adoor): I enough that after an incident has am a little surprised to hear the hon. taken place, the police go there and Prime Minister and the Home Minis­ take some action and make some ar­ ter also saying that prompt action rests. In the last one year and more, has been taken. Prompt action has such ugly, shocking, brutal incidents been taken in the sense that some of have been taking place one after the the culprits have been arrested and other in the State of Bihar. I should some compensation has been paid to point out that this ugly incident in the families of those killed, but that which tribals, Harijans and backward is not the main point. The main point class people have been drowned in is that the Government of Bihar the Subarnarekha river is not an iso­ which now claims that prompt action lated one. This is happening under Tan Throwing of tom* AUGUST »♦ MW Tribali into gubamo* wWmHtoer(CA) ^ [Shri P. K. Kodiyan] bastis they have bean using all sort* of provocative language and they the very nose of the Central Govern­ hav« been trying to have an open, ment—in the Kanjhawala village. I Physical clash with them, I have also mm happy, the Prime Minister has got information that, in the neighbour­ taken a very correct and very strong ing States, in Haryana, in the western position. But I would like to inform part of U.P.—from some tehails and the House that shocking incidents are taking place. Today X have received vllages—and in some parts of Rajas­ than also, the landlords are organizing a report! I think, it has appeared in their owjj men, and next Sunday they the press also. are going to have another village In one Haryana village, under San- meeting, another conclave in Kan- wala police Station, In Morkhedi, on jhalwala village. So, the possibilities 21-8-78, landlords attacked Harijan are there; the Kanjhawala incident basti with rifles and farsa and killed will develop.... many Harijans, Subhash, a student of Class IX, narrated the incident that MR. CHAIRMAN: What you are they killed his mother by firing and saying is extremely important and we his father with farsa. According to re­ are all one with you in anxiety over port*, landlords have built a wall this question. But this call-attention is around the village land and blocked not the forum for a general discus­ the gates of the Harijans whose sion of the Harijan problem. The houses are around the village land. problem is widespread, no doubt. But Harijans tried to break the wall to let us confine ourselves to the subject get passage to go out from their of this call-attention and you may houses, and landlords beat them and ask your questions with regard to many were injured. In the morning, that. As it is, you have already taken police went there. Still the culprits a long time. Please wind up, and ask are roaming about and no action has your question. been taken. SHRI P. K. KODIYAN: I will now I have also received a report . . . put my questions. In view of all these developments, I would like to ask the MR. CHAIRMAN: Kindly ask your hon. Prime Minister how the Consti­ question. The calling attention is witjj tutional responsibility of the Centre regard to a specific incident, not in for protecting the weaker sections general. can be discharged. I know, the hon. SHRI P. K. KODIYAN: We are all Prime Minister has written many let­ very much concerned not only over ters, has issued directives, to the State the accident that has taken place at Governments, earnestly and sincerely Jamshedpur, but we want to avoid trying his best. Since the Belchi in­ such instances happening elsewhere cident, so many other incidents are also . . . happening one after another __ AN HON. MEMBER; What is your MR. CHAIRMAN: Ask your ques­ point? tion. SHRI P. K. KODIYAN: My ques­ SHRI K. P. KODIYAN: I am point­ tion is this. He is merely sending cir­ ing out that such a grave situation is culars to the State Governments, he developing in our country. The Kan- is merely sending directives to the jhawala satyagraha has taken a new State Governments, to take prompt turn; previously, they never entered action whenever and wherever Inci­ the Harijan bastis, but from the 21st dents have taken place or to take of this month, the landlord—satya- action to prevent happening of such grahis have been entering the Harijan incidents. But has the time not come **i * * © » * * of mmttA i, im (SAKA) Tribals into Svbmita. J49 rekha River (CA) the Centre wi» have *to faiter- reply is that the State Government **&* iii * State w hite the State Gov- of Bihar has autvS so promptly. In «rnment has consistently failed—for the morning at 12.10 pm . the offence example la Bihar? Whether it ii was registered and the responsible Janata rule or Congress rule, what­ officers visited the sj&t. Not only one ever may be the political colour of officer but seyeral officers visited the the Government, I am not concerned spot and immediately 22 persons were with it. Where a State Govern­ rounded tip end 2 are absconding... ment h a i consistently failed to pro­ (Interruption s). tect the interest! of the weaker sec­ tions, has the time .pot come for the ME. CHAIRMAN: I shall not hav* Centre to do something more than these interrunptions. merely sending circulars and direc­ tives? That is my one question.

[Shri S. D. PatU] (2> EJghty-flfth Report on action Arms Act and immediately action has taken by Government on the. beat taken and the properties have recommendations con tained in, been attached. Now if there are such the .Fourth Report on Income- cases where the licences are misused, tax. Government will certainly take neces­ sary action. Sir, in this connection, jn the meeting which the Leader of the House had with the Leaders of the COMMITTEE ON ABSENCE OF opposition Groups, this point was made MEMBERS FROM SITTINGS OF clear and it was categorically stated THE HOUSE that if there was any misuse of the Eighth {Report licences, those cases will he consider­ ed and if there was any misuse, the DR. BAPU KALDATE (Auranga­ licences will be cancelled. bad): I beg to present the Eighth Report of the Committee on Absence MR. CHAIRMAN: Now I move on of Members from the Sittings of the to the next item—Presentation of House. the Reports of Public Accounts Com­ mittee. Shri Narasimha Rao.

SHRI A. K. iROY: Madam, Chair man, I rise on a point of order. •ftfwrhr (*hrr) : *r?r q p ft wif)- i aft vmwrr, fw tfw : wra srff Vr^nWTT 5TTSTR > ^£ i 1 *TN #5 3m?' ffwfif TC *rf $ ! flTff TK % JJcTTfaPF *rw ’SRJTT I ^ *T|j qf *nrr *5* ?TiS> T® *R VTO (fawfoi) ^f?TT *rtsfl % «riT£ ^T'TT ( «9

E ig h ty - fo u r t h and E ig h t y -fttth R eport •ft fta r fci : w * m i f, SHRI P. V. NARASIMHA RAC wr^rw v ta & srfcnr % (Hanamkonda): I beg to present thr v n f t w f ir f **rftsr* following Reports of the Public Ac­ counts Committee:— ?fT3Fr)f $ Birr, vrfwforf v *?*rr*TT 11 (1) Eighty-fourth Report on action taken by Government on* the recommendations contained in frowfit a^fhw : crrq i s r the Forty-fourth Report relat­ tt* fawra trrwR i ing to the Ministry of Exter­ nal Affairs. BHADRA K 1W0 «rr s r f a w v rm % i ries in that area. At the talks with my counterpart we exchanged views on international 15.18 hn. issues of mutual interset such as the situation in Asia, the Middle East and STATEMENT RE VISIT OF MINI­ Southern Africa, Disarmament, Pea­ STER OF EXTERNAL AFFAIRS TO ceful uses of nuclear energy, the JAPAN AND REPUBLIC OF KOREA North-South problem and the Bonn Summit of industrialised nations and THE MINISTER OF EXTERNAL the non-aligned Movement as well as AFFAIRS (SHRI ATAL BIHARI bilateral relations between India and VAJPAYEE): Madam, Chairperson, Japan. As for the situation in Asia, in my very first major statement in we agreed on the need to reduce ten­ this House after assuming the Office sion and enhance stability to ensure of Foreign Minister, I had placed the more rapid economic growth and special emphasis on recognising the development of the countries of the vitality and importance of Japan— region. It was felt that Japan and. something which we had been some­ India could cooperate in various fields what slow in doing in the past. towards this end. Even as I was making that statement My Visit to Tokyo coincided with in this august House, word came the conclusion of the Treaty of peace from Tokyo that the then Foreign and Friendship between Japan and Minister of Japan, His Excellency Mr. China, with Foreign Minister Sonoda Hatoyama, intended to visit India in having returned to Tokyo only a day July, 1977. When that visit took prior to my own arrival there, after place, it was decided that the institu­ having signed the Treaty in peking tion of Annual Consultations between on 12th August, 1978. Mr. Sonoda the two' foreign Offices, should be gave me a background to the negotia­ upgraded to the level of Foreign tions and the Treaty. We noted from Ministers. In pursuance of that deci­ his remarks that it records the pledge sion, I was very happy to visit Tokyo of the two countries to establish at the kind invitation of the Foreign friendly relations between Japan and Minister of Japan, H. E. Sonoda bet­ China on the basis of the well-known ween the I4th—17th August to inaugu­ principles of peaceful co-existence rate the first round of Ministerial- and the U. N. Charter. He also drew level Consultations between Foreign my attenton to the specific Article Ministers of Japan and India. in the Treaty laying down that the This visit reflects the shared reco­ Treaty shall not affect the position gnition of India and Japan that as of either contracting party regarding major democratic States in Asia, both its relations with third countries. of them have a strong interest in the The Japanese side particularly ex­ peace, economic growth and progress plained to us that the controversial in Asia as a whole. The primary clause relating to hegemony should purpose of these Annual Consultations be read in this context. One may is to try and consolidate our multi­ note the statement by Prime Mini­ faceted relations with Japan to the ster Take Fukuda made on August j 47 External Affairs AUGUST 28, m e Minister'* visit to 148 Japan, etc. (St.) (Shri Atai Bihari Vajpayee] where possible, more examples of 12th that it is the bailc position of joint ventures la third countries. We Japan not to allow hostile relation* also agreed that we should expand tc develop- with any country and to exchanges in the cultural, trade, sci­ seek peaceful and friendly relations entific and technical fields. Already, with all nations. This sentiment was official-level talks at various appro* also reiterated by Foreign Minister priate levels are taking place towards Sonoda in this conversation with me. this end and this process would natu­ rally continue. It was agreed that Hon’ble Members would recall that the second round of Ministerial-level our own foreign policy is based on talks would take place in Delhi next the principles of bilateral coopera­ year at dates to be mutually agreed tion with all countries, irrespective of upon and I invited Foreign Minister •differing economic and social systems, Sonoda to visit Delhi for this purpose. adherence to the principles of peace­ He accepted my Invitation with ful co-existence and the Ann belief pleasure. that our cooperation with any country should not in any way, impede the de­ velopment of our relations with any While in Tokyo, I was received by third country. I expressed the hope His Excellency Mr. Fukunda, the that the Treaty which is a bilateral Prime Minister of Japan, and the matter between Japan and China Ministers of Finance, Inter-national would contribute to the maintenance Trade and Industry, Construction and of peace and stability and will not External Economic Affairs. Prime Minister Fukuda characterised Indo- become the cause of any new tensions in the region. Further, our hope is Japan relations as having achieved that it is implemented in a manner heart-to-heart accord and he is look­ which removes misgivings expressed ing forward to a visit to India at a mutually convenient time. While in in certain quarters. Japan, I also had the opportunity to meet a cross-section of academici­ The Japanese side showed full un­ ans and intellectuals, businessmen derstanding of our policy of improv­ and others, who expressed the keen ing relations with our neighbours and desire to intensify contacts with India expressed their appreciation for the in their respective fields with their contributions made by India towards counterparts in India. The Federat­ the atmosphere of cooperative rela­ ion of Chambers of Commerce and tions which now prevails in our sub­ Industry in Japan and the Indo- continent. Japan Association, whose activities are directed by very prominent par­ The Japanese side also noted the role played by India in the recent liamentarians in Japan, also hosted receptions in my honour. Belgrade Conference, which reaffir­ med the broad direction which the Movement should take in the years ahead. Between l?th to 19th August, I vi­ sited the Republic of Korea at the As Members are aware, Japan has invitation of the Foreign Minister, made many significant contributions Mr. Tong Jin Park. As Members t0 the economic growth of India and are aware, the Republic of Korea has, is one of our major trading partners. through its efforts, become a major Our discussions on bilateral matters, Asian economic power with export therefore, reviewed, with satisfaction, earning touching the US Dollars 10 the various fields of our bilateral co­ billion mark. It ranks today as the operation. We both agreed that we world's seventeenth largest exporter must further promote our relations and it moved to this position from in the economic field and encourage, the eighty-eighth position It occupied 149 Statutory Res. and BHADBA 1, 1900 (SAKA) Delhi Police BUI 150

rou ghly fifteen year* ago, The Re­ ISM hr*. public of Korea U also involved, on an increasing scale, la undertaking STATUTORY RESOLUTION RE, DIS­ construction projects in West Ada. APPROVAL OF DELHI POLICE OR- There are encouraging prospects, DINANCE, 1978-—contd. both for enhancing our bilateral eco­ and nomic relations and for working jointly in third countries, in a man­ DELHI POLICE BILL—contd. ner which is beneficial to these count­ MR.CHAIRMAN: Now the House ries as well as to India and the Re­ will take up further discussion of the public of Korea. X was gratified to statutory resolution moved by Shri- note that the Republic of Korea ap­ mati Parvathi Krishnan on the 17th preciates Indian contributions to in­ August, 1978, namely: ternational peace and cooperation, particularly in the context of the ‘This House disapproves of the non-aligned movement and in our Delhi Police Ordinance, 1978 sub-continent. Our views on the pea­ (Ordinance No. 2 of 1978) promul­ ceful reunification of Korea, through gated by the President on the 1st direct bilateral discussions without any July, 1978,” outside Interference, have been fully and also the following motion moved understood and appreciated by the by shri S. D. Patil 0n the 17th Republic of Korea as well as by the August, 1978, namely: Democratic People's Republic of Korea. Our position on this question has ‘That the Bill to amend and con­ been viewed by both parties as help­ solidate the law relating to the re­ ful towards the eventual goal of gulation of the Police in the Union peaceful reunification which is the Territory of Delhi, be taken into wish of all the Korean peoples. consideration,'’ The Republic of Korea has a great Already 45 minutes have been taken desire to intensify the cultural links and 2 hours and 15 minutes remain. with India. As an example of this, I Shri Shambu Nath Chaturvedi has saw that there is a vefy active Hindi already taken six minutes; he Language Department in the Foreign may continue his speech and take Languages University near Seoul, five minutes more. where nearly 140 Korean students are busy learning Hindi through mo­ SHRI SHAMBHU NATH CHATUR­ dern audia-visual methods. VEDI (Agra): On Friday last I was speaking about the diverse nat­ While in Seoul, I was received by ure of the duties of the police and the President Mr. Park Chung Hee, its preoccupation with the law and Prime Minister of the Republic of order duties, leaves very little time Korea, His Excellency Mr. Choi Kyu for investigation, detection and pre­ Hah and the Deputy Prime Minister, vention of crime. If we have to judge H. E. Mr. Duck Woo Nam and I had the Police Bill that has come before a round of talks with my counter­ us properly, we should consider it in part, His Excellency Mr. Tong-Jin the perspective of the nature and range Park, the Foreign Minister. of police duties, conditions and en­ Jn conclusion, I was impressed by vironment in which they have to work, the friendship, warmth and the este­ what is the basic goal they have to em in which India is held in both achieve and whether this Bill is a step these countries. The possibility of in the right direction or not. The duties cooperation in a wide variety of of the police are manifold In fact, fields exist, and I hope that we can no other arm of the Government has Play our part in this process. such wide-ranging functions as the police. Public peace and social tra­ nquility, which makes life livable 151 Statutory R«a. and AUOUST 23, i m D*W JPotiH m 15*

[Shri Shambhu Math Chaturvedi] judicial powers are exempted tf rth e are greatly dependent on the opera­ Metropolitan Magistrate. There is tions of the police. Quite often, the no confusion here about the "centre police are involved in unpleasant and focug of authority. This arange- duties and have to take strong action ment is conductive to better discip­ and they becomes the target of pub­ l e , and absence of any divorce bet- lic criticism. The environment in ween authority and responsibility which they have to work is one of dis­ facilitates quick decision and swift trust and suspicion, part of it is attri­ action and leaves little excuse for butable to historical reasons. The indecision, vacillation and delays. It police was conceived by the British also ensures better accountability and as an enforcement agency and not as provides greater scope for exercise a service organisation. Its emolu­ of initiative. The old system leads to ments are so meagre that it had unnecessary wastage of quality man­ virtually to live on the people. That power. Where one high level officer unfortunate tradition has been largely could handle the work, it provided for responsible for its alienation from the two. public and its inability to win the trust and confidence of the people. It is very necessary that if the police work is to improve there must Therefore, what is required is that the police has to increase its operational be cooperation of the people. It can­ efficiency and also to improve its image not be one-sided. If the present dis­ before the public. trust continues, with such wide-rang­ ing duties and activities, the police cannot give its best and the quality of There are two system at present. its service is bound to suffer. As I said in my opening remarks, the present set up was governed by As I said, Let us forgot the histori­ the 1861 Act which is completely cal background. The Commissioner outmoded and which was given to us system has worked well jn Bombay. by the British. The Commissioner'>s The Bombay police is ttte most popular system has been successfully worked and probably the most efficient in the in Bombay State. This Bill is model­ country, and although this measure is ed on that Act. For efficient funct­ a little half-hearted, I think it will tend ioning, it is necessary that the police to increase and improve the efficiency force has to be organised as a unified of the police and bring it nearer to force with clear lines of command the public. I therefore support this and control in which the D.M.’s Bill. position becomes palpably anomalous I shall move my amendments at the as a non-departmental outsider. This proper time. gives occasion to misunderstanding, MR. CHAIRMAN: Shri Edurado tension and conflict at the district Falelro. level. As a matter of fact, the cur­ rent trend is also clearly towards SHRI KANWAB LAL GUPEA: I substantial Independence of the S.P. have to go and so may I request my from the D. M. the police Depart­ friend to allow me to speak before ment, by the very nature of its job, him? has tended to become more and more SHRI EDUAKDO FALEIRO (Mor- specialised, diversified and inward mugao): I am at your service. looking. The Commissioner, under MR, CHAIRMAN: I-cannot call you the new system, is direetly and ex­ clusively responsible for the main- before I call an Opposition Member. tence of law and order and exercises SHRI KANWAR LAL GUPTA: I executive powers relating to law and have to go, and he agrees. order and allied matters which are MR. CHAIRMAN; All right, you normally entrusted to the D. M. The may speak. *53 Statutory R««. en d BHADRA 1, 1900 iSA K A ) OelW Police Bill 154

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fwrniftr ^ tfo r, nrr iftfostft Power to make regulations under ^ fRfr I, 7.5 *rc^?« i t urn? the Act has been given to the Com- «lft ^rnimT I Not w ,p « ««»♦* mlssicmer in respect of ell matters but 100 per cent. You Were ft Mini­ specified therein, which include regu­ ster in Delhi, I forgot, 1 am lorry. lating the conduct or behaviour or 155 Statutory ft**, and AUGUST 29, 1974 D*l hi Polio* Bitt y fc

f vwr «rm ywr] actions of person! constitutiiag as­ tf% *w?if tTfrw#*T semblies and processions. But the most obnoxious provision of the Bill is *T|ff *n^T $t?rr, istf # 1 Omni ?njlf that the Commissioner has been em­ I

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r t f tat M m iff 4f m r 39 a f t ^ ?rtr ?rTT I ?r> ^ R^lf ?>TT I 3F7T % #%*> u r g ^ v $ far?$*T ^ fT«r^f qrq^ $v JT3TT v m fc1 zft i f t m *r q&rr m ^ET% ?TrfV# 9RRSTPF iftft ?T^ §f wt% 3f «w h ft arrcrirr i 1 1 ft araisrr ^ ? j t % %?r ?tt>% *r TRff ^ *itf&r f> Tift v t 3( f 5T *r* 5T tftr mt jtt % w v r *rmwn;T%T |, ^ t ftr 8R?rr f?*rr srk *tw*j tit i «ft*TOT I m a^?iTWT if *ftfe»r ^r^apt Ttftr^pr fr* ^rr^r t, «rgnr«g %, «ft i ^rf^r t t sfter nr J f, 5fcT «r«®T T?T | ^ *t(t i ** 3%fr^r fvfiiirt »rf «r> qv aiffr vm tnw t zrwfcfyftft ^ «r£ v *re g%?r nrf i tftf ^ w f , kRTT ?rr*f *i *rrfait ^ tfiffc ^ fa v h : gfmr W3TR q f T& *m^ft i 3r «r>r q;fr t o t m f*rM?r SR*T^TT^ I *Tf ^RTT t % »wt i «MV % arernrr far *i$ aft q;sr *ar$ ^«re®r fftirtr fW sr* 5>r ^ *ft fc **% vr wtorf % srw, f$*{\ «r«®r snrr% % ftrcr tfte* wrwrtart.iTS fofft vt «TFHfft srrfiK % «rnr ^r% f f t f ^ ^ r «ft ftrwrfT fr^rr i f t *s$r % % fa*, |f?W Jp fat?, ^ F t *re ^ rr $, ft trm v x *jm, w % fair, ^?T% 5> ^rqirr i ^fa?r wwrar «pt v?5r% % ftrqr vrtarrf i ^rT- % f» n ft ftrvm qr vrbrrf 5t?fV w>ri^rT v> tjt ¥f?T *ranfh fw sR art 5*r T ^ r

[«fr V*T*Tr*T»J<- $* Tf3R$*rc i[ w % w«ft«r v t «rrfopr frraffsw %#wnclf v w gf^rer v t fir«t f *if ^q^ir?Tt#wr w iftv s f f r t w r srflf w m t W%®rw>Tfvfevnc tft Tftov fr^RT w r| fltqrvT ? SfaRTVtfirsr^ti 3nr?rv«Tf?rr^T Unless you have public relations, nr*T ^tf^T5>T ? fr t ?ff *$f zrrrtr i tft fa w r$ % ? r ^t% ^^htftrq# f^ lR t| *pt gsnft tfwrsfr iftih r 1 1 «rRmr ^ i ■grs^pt cni^ srr?T qr *f?|? *ft% ^tfrrcr, 0 * * ? < n n if ^ f t o r r iw w r m * ft * t *m?*rr 5*r ft% wnft *i#f ft% ir 1 ) ft i ^ f fa firWv fmcr Anyway, I want to conclude. I congratulate the hon. Minister. It is a w ?rr^t? £ I # ??fraT f far new experiment. I do not want to *w f*r wftaftiR %v tit &r wm comment on that. Let us give time to r ft?t i? w *r TO^rr f^rr the police and let it change its out­ look. '•ft OT srflf s'Rt i v*ft *farn 3ft, Wrft 5T^'q, *ntft WOTTO 3ft, ?pft * rr *ft 3*r vtfom tftftn*, u n rR f qT5rr?ft 3ft % $*n*sf %Sr i q fta ta r 5^r?r^ft, a rt?fw « w m tit fa *ft r ff f t m f i sn* art | gwct wfr#ir, «nr*fJt »frfarf^aV wiTfJf, ?rr tTwy * r ir *ft sftwspr f r s w t vn *«# «t»^ ^rfsrtr1 3tv qnft %ftnr Jfrffrr i wnr t* vwf tf?rfT x*nfc? *rf*rc?rc fa sft^ wm f *ftr v m mm f ff> firfrft % tftftr fft *r*ft si# | 1 wt*ft v tf9 TTfer^H'Rr ft «fk * f w r sprnrer «trsrr g 1 **r% * f «ri% fiR 5f *ft *Tff^ *t* if fiwsr tftfcnr t 1 t?v eft ?jft 1 vg-cwr v r s w rn rr 3ft tftfsnr «if t fip ljf*nsr f?r% nflpFR f % wftw vwtw f frm ^ T ftn n ?ftw * fw rflr jw tfipfto nk 1 f*rt?t the law and order situation, particular­ vrq- Srfirr \ ly in Delhi, has deteriorated during the | 6S Stattttw y Km. and BBADBA 1, 190D i$A$A) Delhi Po«cCharan Singh when the Delhi Police when the Police does he was Home Minister and had a meet­ not deserve these powers. I am not ing with MPs from Delhi, the concern in a position, due to lack of expertise, which has been expressed by Mr. Cha­ to disagree either with the Khosla ran Singh who said lying in his hos­ Commission or with so many other pital bed that, as soon as he got well, Commissions who have condemned he would have another meeting to this duality of the District Magistrate tackle this problem, and to find ways on the one side and the IGP «'-n the and means to tackle this problem of other side. They have found that this deteriorating law and order situation is not working well and . that they are in Delhi. But, in the meanwhile, be not co-ordinating well. What I say Is: himself was removed from the portfo­ if you are going to abolish the District lio. Now. I appreciate this concern, Magistrate, do it by all means if it is but then I have said that I feel un­ adviseable technically. But, then, at h a p p y that the solution suggested will the top of the Police force, as Police in fact make the cure worse than the Commissioner do not, lor God’s sake, disease. put a man from the Police force, but Now, what is the solution suggested? put a civilian. That is the only solu­ Again I am relying on my hon. collea­ tion to the problem. gue, Mr. Kanwar Lai Gupta. The solution suggested i 8 this. If the peo­ We all know that our Administration ple are violent, then this violence must is corrupt, that it is inefficient. But, be met with violence. It must be met it is not only this Administration, it is by giving Increased powers to the not only tills Government;but corrup­ Police, by removing; all control* on the tion has been here lor a long time. Also Police and by letting, in fact, loose the it is not only in this country but It has Police foree on the people who cause been there in other countries also and this violence. Madam, there is no at­ it is there practically in every count­ ry. But the point that I am trying to tempt to analyse the causes of violence, emphasize is that out of the corrupt why people turn violent and there is departments, the most corrupt undoub­ no attempt to find out what are the political Justifications, what' are the tedly the mo*t Inefficient possibly la the ' Police Department. A Police economic causes and what are the so­ constable will1 not rest quite unless he ciological causes. We are resorting to extracts Rs. 5 from a shop-keeper or what wa* known in. the olden, days aa: frpm a Mvdltfl gambler or from a bus the Mtatghaft doctrine which later be­ came tits colonial) doetrtne anS more conductor. recently our friends have pwdaimed* SHRI VAYALAR RAVI (Chlrayan- 2571 LSMf kil): Mudka rate is very Ugh. i63 Statutory Res. and AUGUST 23, 1978 Delhi Police MU 164

SHRI EDUARDO FALEIRO: H it is calculated to cause alarm, danger very high in the case of a Police const- or harm to person or property;* able, the point I am trying to make i». then it is much higher in the caae of 16 hr*. the IGP. There is a rate for the IGP He can do whatever he wants to do— also. The excuse or justification you he can extern a person or even arrest have mentioned here in the Bill for him or do whatever he wants to do. making the Police Commissioner a This is the subjective opinion of a man from the Police force is that he Police Commissioner and no one can will be a senior Police olfL'er. To my interfere with it. He can extern the mind, this is not going to solve the person likely to cause alarm You are problem I am personally aware that going to give wide, unqualified and many IGPs take bribes, that many undeflnable power* to the police force. IGPs collect money not only from out­ What I am saying is that the powers side persons but even from Police are likely to be abused and are bound constables and other subordinate offi­ to be abused very soon. cials for promotion.. . I would like to tell you in this con­ AN HON. MEMBER: In Goa? text—it struck me just now—what was SHRI EDUARDO FALEIRO: I would said about corruption of the Police not like to mention the place. It is by no less a person than that eminent not fair to identify the person, but the judge of the High Court, Shri Anand fact is that there is a running rate, Narain Mulla. He said several years there is a going rate for promotion of ago while delivering a judgment in the a Police Constable and in the case of case of a Police Inspector who had a particular IGP the going rate was been convicted for fabricating evidence. Rs. 5000. In my place which you have He said these words: mentioned there is a saying that a thief who steals from a thief gets “There is not a single lawless hundred years of pardon. No punish­ group in the whole of the country ment for him for 100 years. That is whose record of crimes comes any­ the saying. But, all the same, we where near the record of that orga­ could not agree with that. A thief nised uiift which is known as the is a thief in any condition. Indian Police.” So, Madam Chairman, in my humble These words remain true upto this submission which I hope will be ths date. So, it is not a question of cor­ submission of eevryone who has had ruption alone but it is a question of any contact or any experience in any inefficient people. The police force are capacity with the Police force, for not trained properly. There were so God's sake don’t give all these wide many murders committed in my terri­ powers you are trying to give, to a tory which have gone undetected— man from tile Police force. robberies and murders are major crimes which have gone undetected. Shri Kanwar Lai Gupta has again Due to their inefficiency in detection, made most of the case which is my the police resort to third-degree case and he has mentioned so many methods and there will be no control provisions where wide power* are on them from outside the police force given to the Police, I will cite cne once we support this provision and more provision and that Is clause 47. there will be no end to i t My submis­ Clause 47 says! sion is this. During emergenor simi­ “Whenever it appears to the Com­ lar type* of powers *«re given to the missioner of Police— police. The District Magistrat* was (a) that the movements or acts tber« but he was made ineffective. We of any person are causing or are all know how District Magistrate* X65 Statmr* ***• «nd BHADRA 1, 1800 (54KA) *>«&»» Police Bill x£6

signed Uljpfcet warrant* formg lor iftx irrcw wr irrarwr i*r*TT MlSA detenu*. We know the types of abuse of power* that wet* done The sfar «rr , Srf«R trnr % ***ftv- District Magistrate wae not functioning mf*sr*r f a if— 30 i«ff m # at all. I shall mention one thing. % ire «ft irnr ''j j m tffr? Under the BUI these will be an appeal %i\x f m to the Administrator from the orders «TfaPF iRVriTPift 5 iflf of the IGP, now Commissioner of 3R V Tt | I 1947 ** 1* % Police. During the emergency we W w f w t i f know how they acted—the Administra- tors—and bow they became a rubber* % n p *m x f t stamp and a non-entity. Everybody “me fa lift " knows about the unfortunate Shri f«Wft t WWF Kishan Chand who was the Lt. Gover­ nor of Delhi at that time. What 1 am aforr nfcfapr wbr if farm r| $, saying ig this. Most of the Members ’arcSrtr f w $ f% 1947 3f may have some experience or'tbe other to tt % form; about the police force. We have come ^in contact with them; so, we would $ r r r o not like to be a party to this type of «ft, 5ft^r«wiriift legislation where the powers are going 3ft % ^ v faq vrfcr to be given to the Police Commissioner. They will definitely abuse those forr *r %i\x «n fir w powers. We will come to a full circle & sfiro 3 irr*|*r «?fsrcf»r $>rr 1 after The—“discipline” of Emergency wnfarro | far 1947 ana the indiscipline of the Janata party. Mr. Chairman, we would not % m rmrw fair# sts like to be a party to this. m ?ft »rf $>ft %frx arqrennrWY 16.03 hrs. 3ft t f w n ? msftarRft, ?rt vrsr

[S h r i N. K. Shejwalkar in the Chair] WTOT f r F r VS itt* s*r wr WUm ftmti ( TORT ) : ^ t ? TV ftrww ^ it j i 3ft,

fiw r % f a * * ? s n r t - w f k f h t o t WTT ^ ^ «TT wTw srrJT i w r w r w ^ «r*nftcr «rr, v fw ®rr 1 y r N | ftptr® wrcflraft, gfiwtfsf* Htf|*rr ^ I apm, WT3T ITo $ w wwv % s«t ?r%r ^ 1 m^r if imt Wft fffr f*f? rf$f $ | ^ST fwwr f*w ^ noanT^ftfwrr **flf $ % irror ifiT m m %fm % ftiirr 1 w vijfof 3 • tfwr, iftrniwnwrr | i aft % vnrit * ; ire 1 l« ( t «PT 1888 * * 1 tp * a *tt wirfra; it?ft isei ^r. Statutory Res, and AtTGUS? 2t, l* 7 t Delhi Potict MW ^ 8

Tnrpr^ torrct] w c Trnptr, ^pwif WWKW Wmw jftw ** ' *f ftw r ft?TT 5* *rrr ffcrart $ fa "gfmr arsr % *rot ^ f*r *n? *Tf «nr7ttf w r <*rfoft % *$r v t fa tft «fr irrarr ftw % % sftrerft fv?r «r< m # f v ^ r *»* wa&r gfrrer *ft | ..." i w 1 ij v ?raB art «tt»t ftrqTf^tf v> nf qfcr- «prft *rR& f> *frc $ * ft «rr*r &tfr fmr 3r wTrrr f«mT 3PTO v r « p jw f 1 f^r fc, fa* «p*f«nTOT*ft% arm wrffr gWt Owfiw *PT VpTV t t A ^2. —-* -** - - — » ■ t r TIK*rr *T, W v r 9T$TT^r 1933 ^ «rnft w^fSt %■ «m«r f»r v t $«rr wttiNft *nwr v f t irnr sft v t jflwr ^r firtrfim v t ftwnrr 1 w f ® p — ^Wt f , w v t f?r wrw ^r w H A v t I i09^fwvt^^ *np ^ f , wro 8 qf fftrt «ry $f fa fff 3r nf 1 1 m fAwiT t I wrr «fr> hpj*t t fa ro f t % ? ^rr i fwr vt w ^ «rrr ffHCT ¥ ^ % !rm ft^fV, am if «nf?r ftRft' snr^ anm | » rm r ?*t ^ $Nt ? **r t W v*n% % ftnr l#h[ *I^T TC fCIHT TT ?fT*% I ff 5T^ vfaff wt flTK VTWt ^5% tt ?*rnr *t % vrrer *TfT j*tt t m fcff I tit ffT^TT *n*TT amiT ^ 9t ^9Vt 5^RT T R VT w f w W V ,|i $»r*torf l^rirm ^ srwftvjff i eft ?fr ^TT *Tff «P^ %fwcr ^arr Hwt 5rr?rT t vrf $*rrft g*ft war wt mypn «ft ftwT3nwrt i « jw n rfrcr *rt ffs* art?ro1^r»T% girw f 9*f% «ft t % ftrtT strtt fain arm w rf^ i l^fiiwvr wrt’rv ^ :^ i^T'i'pprr^ fwr ^rfft $ * lw ^ h i I Zflt fifT W $ ft? fif*fV5TT HT$JT WZ ^ r ?PQ5 WT fwftr ffTVT^WfRW *TFT ^ tfWgCIT W^’Wt^W T | t»«^l w*n swfr |.i pt. jsifftff% # * titfm 372 WSt *nr firarr i fa'wfwwM .fn?rio lifX t nfiwr ^Nr-.^virf & jriuQi 11 ^Wtp? i !* «T|5 71 Statutory Res. and AUGUST 23, 1978 D elhi Poltct Bill 17a

was done by tho Police Commissioner or by the Sutwdar who had beau sent v f i w r w rm % ?ft there to rule on behalf of that lady, Her Majesty. %*ir qi?rr | $ri*«r ftfr «fN» You are saying that if the Delhi Ad­ * t 18-18 ^ vm *rw

Som epeoid* W .,^v*,some P*»P*« which the Congress canoe to power. If ntty say it is impraticable, «ome there is a big change and the people people m aysaythat it will create itoore are mobilised, they got the courage to indiscipline In the police, but we be- face the goondas. That is how you are Stove that it will not be so. We think now able to see the other side of the that they should be treated as human picture in West Bengal. being*, and they should serve the peo­ ple as’ their saviours from the anti­ SHRI VAYALAR RAVI; Now the social* and the criminals, and other goondas are with you. offender*. With this view we have SHRI DINEN BHATTACHARYA: 1 done it, but in the Bill as has been know there are some people here who introduced here I do not find anything are out to slander a Government, of that kind. which is being run ably with the co­ operation of the people. Even after the Janata Party came to power, the law and order situation has I would suggest that the police should further deteriorated. Certain figures function under a full-fledged Slate have been given by Shri Kanwarlal Gopemment. Let us not have any Gupta who belongs to Delhi. It is fetish about the Police Commissioner mentioned in the front page of today's system. You are sayinp so many Indian Express that there is a rise in things about Bombay. We know what crime by 35 per cent, crimes of all is the situation obtaining in Bombay. types, robbery, murder etc. At the Bombay is not safe under the Police «^me time, you will be astonished to Commissioner system; so also Madras. know that when our second United In all those places gambling has in­ Front Government was In power in creased, bootlegging has increased and Bengal, there was a furore here when so also other c rim e?. So. in spite of some people maligned our State Gov­ all your good wishes this change can­ ernment. At that time, Late Dhawan, not deliver you the goods. who was the Governor there, made a public statement that it is only in West Lastly, I come to the recommenda­ Bengal that ladies and girls can move tions of the Police commission known freely even after dusk, while his dau­ as Khosla Commission, about which ghter could not go to school or college Shri Tiwary made a reference. You alone in Delhi. The situation in West must look into the real grievances of Bengal at that time was very vividly the police force. Now the low-paid described by the then Governor of constables have sometimes to do fluty West Bengal, Shri Dhawan, by that for 24 hours, most of the time standing, statement. and for that they are given 0 poor pay packet at the end of tfee nwnlh. Even SHRI VAYALAR RAVI: Many peo­ the ASIs and Sis are not fully satisfied ple were killed and ladies raped in with the benefits that hey are now West Bengal in those days. getting. So, you kindly look into the recommendations of the Khosla Com­ SHRI DINEN BHATTACHARY A: mission regarding the emoluments, the That was done by the police, in collu­ amenities and other be«ie;:ts which sion with the goondas who were hired they have given. by the Congress and other parties like yours. Then 1,100 of our partymen With these woMs, I hive every were killed and many othec crimes reservation to support this Bill fully. were committed. That took plaoe be­ I will give my full-throated support to cause the police and the goondas con­ the Bill when you bring it after Delhi nived with the then Police Commis­ becomes a full-fledged State, after a sioner, who was really the waster- full-fledged legislature fa established mind for1 the rigging of the elections in and the elected representative* of the West Bengal tu 1972. as a result of people of Delhi run the State. Then, m u ■-j. w *7 ®

tShri Dinfcn Bhattaeharya] » r t tfto mffiftoM the Police Commiwkmer w ill be under # art m f t 1 M t that Government. In that cave alone, wwr vre' v t w ^ w you can achieve the goal , for which you are bringing the Bill* l conclude. ift iflf^t I W !R| % v & *t $ ^wnrc»r t-m rw «pt ‘W hnzhm ? ($*-ftwft): fnmftr m & ” iff wwr w , (?& »?ft*ar, Sftrcr % w^-#ferft % »rnT t o o t *?: T f r « n i - — ^ 4 i* » ^ V-A 4 —— -«*- wfTWr fWT 5, vIcTTWV ^RtT 5—V *!$: ¥RT $ ?IW Vf*TT ft— a^rrfww 5^ro vt wtwi m«i^ ^ f?t ftstft *r f*r*rnr fwrw ^ *r^rwf | i % a r f % wivfirvf wt wt srfwnr T^FFrnpf STPWT 1 ft T t f I f T $ I fiftflft fjpJWPT ?tt^ t VTWt^frir ^ W'T 3|Tf^ I < T W H $ m * m ^rrfosft qgfofafon * ^ t q v t o ^ ^n: ^ STTRT f f w f t scnrrf— an*r% I * qm ¥ t f ^ ffa iF ft ^*tt ^Fmnfaror ^ j §^TT jft*?PT * $ t , TOfWCr inft « v *rf Tft t f a * frrnr vt iff fafr 1 r r % WZX ^ «TT»ft ffW Tf *T ft% % fW , ^nlwfwf ^fvnsr v t qfiWT W ajft 3ft ift irw r fatft >iw < vtm ftw ft w f t arRT ^ a^y j'i'i ^nwit v t « t » o t 5T»rr, * $ * n s t 3 ? r m^rnrv vftvanc faarr 1 sp if % qara v t *fft * r c v r f i m i f* frrrr fip p p fr % w w f^ w r *fft emfntosr Tfr— MifM^r f^ rft n w r ’ ’ « r t w * i f m srfwpr nw fafFf i *ift wv'W fff f* qns m , *ft tgr m «twr «rr, *f ft?wf*wwr|i ftpfr%«wrr s»f»rT5T¥T % vt«w iw rw ^ |t JWWfr^l ^[| WWd Wl\ *tarr # § w r % m M t/w fwT wit* i m x Hm*wr |lf#, w tit ff* «for aiwr*a$ i f¥»R?r ^ jt tf WT ^ Hi 1*1 •FT^’ | fft W % fW |, ?ft v t m m v t i m w wraw tit itfaRfs % arrcft I i ^ ^ t fW W t w ^ tra ?fr m %** m i x %f*nr5T*Nf «twnwr|«ftT5r ^ ftnr ®ft ftnwrrff ^irr i ^tfqtftfcfariinf irf «ftr*$rT ^ t qfHwi*(d$,fatr*5T *nr$ ft «ft»r $ffr frnr *r *f^ i u rftti # iff % iRrrsrr q v ^fhir ifh: ir^ ^ * n »feft w $ m ft «¥?r V5®nr * n fs r j f a « r r % wripTT jj f% w^r ar%ff ^ f $ i q^frtfe #%ar if irrr ^ ^ «w% tit S^RT fffapT WT *TPT fiWT g*T I I qj* |f*wt if w ^ m ix tit srreiff ^ f t i WTWft |>TT I «ftt aw IJW ft rit 3* *t m fftw n p m * qwifirnr^frtqm ^^liftT «nc wrfmr typ ITT % ffT’FTW’TTfr I I W % ITf ^ w * i m m * % w * x titex ^tlvvff t&s if a n | y t m w jt

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That is why the Khosla Commission vrfW a % t o & *ft i?rf fc r *ft*m Report er whatever be the report, has a tta r *rrfl*r*rfffc been "accepted by the Government. Some problems arise because of this BUI. What will happen firstly when w *1, irrr tfit wrc Delhi becomes a State. I want to make *wh **rft wryc it very clear that the proposal to make % *>ff tfr xftx * tfpff Delhi a State is not in the better inte­ rests of the country as a whole. This ? m rq ^f*fr i ft * **$ is my feeling. If Delhi becomes a f*H?r?r *< m vt *sr ft «*toflr «n tf'* rf& State—of course I shall gpeak on the fatfi’ * v**zx * r^n^r ft ??t Bill when it comes before the House— I shall take the opportunity to warn W^TfSTf ^rf^cr | the Minister that there would be trou­ bles because Delhi is the capital and wfrr ft* wrr ft ^ *fr* % many people come here and live here %fr< ft s-t f sfrar tft and if you make it a State, you will only create many problems for the $>*n* v< s grcV^r $ *r$3ffacr£m i It is subject to the political pressure a«fK *rr*rT * src ft *?r fo r from your own party. That is my ob­ jection to it. tfr w r f «r

[Shri Vayalar Ravi] traffic system. Nobody can. drive it the Administrator? You have to a speed more than 40 k.m. The police clarify this. That is the objection immediately checks up the speed, That raised by the lady Member in this is the police administration in Madras Resolution. I won’t call all the police City. personnel are corrupt. 1 do not want to brand them all as corrupt. They Such an efficient police traffic cont­ have to protect the citizens. They rol is there ~ in Madras. Here, you have to maintain the law and order think that one police man standing and every other thing. There are and showing his hands is enough to many corrupt elements in the police. control the traffic; No, it is not I 1 do not want to generalise by calling would request you to find out what them all as corrupt. To-day I read the modern techniques for controlling somewhere in the Indian Express that the traffic are and these should be a police man came and asked for dahi there as a permanent measure for from someone which he could not twenty-four hours to have a watch give. He arrested the person. He hit on the traffic system. This is most some one and someone was killed. important. The police man being on This is the thing which is happening. duty for half an hour, showing his We have to restrain the police. We hand and then going away will not are guided by the Police Act of 1861, solve the problem. a oentury year old Act enacted by the I would like to make one or two British, the then Rulers of India to more points, because when my amend­ rule the people of India when we were ment comes, I will speak at that time. under the colonial rule. Even after Now, if you go and see the condition thirty years of Independence we of the police barracks, you will find could not change or modify that. We that quite miserable and horrible. Are have amended the IPC or Cr. P.C. they cattle or human-beings? We But, Sir, we could not effect any re­ want them to provide protection for form and make any amendments to our residences and for us but what the Police Act. I want to make one are the conditions in which they live. more point very clear. You may re­ Why should I blame them and say that member that two colleagues, M.Ps the policemen are corrupt? In fact met with their tragic death due to they are forced to be corrupt. How accidents. do they live? The census have shown We are scared to walk on the road. that eighty percent of the policemen Vehicles can hit us. Who is the law are TB patients. Have you provided breaker in Delhi? The Military vans. them proper medical care? Have D.T.C. buses, Police vans and the dip­ you provided them with proper shel­ lomat cars are breaking the entire tra­ ter? No. They live in the most hor­ ffic line. I wish the Minister goes rible conditions. What shelter have incognito on the roads of Delhi and you provided to the policemen who see for himself how the vehicles are come in connection with the security plying even when there is red light. of the Parliament House? Why can’t There is no rule at all, for the mili­ you provide , a small nice shelter for tary vans, lorries and the D.T.C. the policemen? buses. I should call them the death- knell. It is horrible in Delhi. We I would request you to come and have loet two comrades. ^There is no see the beautiful shelters being provi­ modem technique introduced in Delhi. ded to the policemen in Kerala. The The police keep on standing on the Kerala Housing Board is building roads for hours together. You should these houses for the policemen. We introduce a device in iHdhL Please have completed thousands Qf houses. go r fiwft) : W lfir fim TT SHRI VAYALAR RAVI: If you allow me to speak at that time also 3r^r % gfiro v t *rfi«r for one minute, I would like to make & * ftraro my point. * ipff 1 «rr?r I fa war gfar Sir, wide powers have been given to s t t r % sfhc jf a a % the police. The Commissioner of stttt frofr faff tfVr *rc Police has been given the power to stVkft q ^ r fair appoint special police officers. Any able-bodied person can be appointed aft *iwF*rre * 33% v m f W as a special poHce officer. What does % if anqft v m fc * t it mean? You want to make these tffcwr q m & % arr* if 1 «n?g * appointments political appointments. You want to give the powers of the ’Ptprc ^ r r g fa % tfta*r police to irresponsible people. It is a irr u fo gftm * fas sptct very dangerous clause. We oppose it wwrarrt fa^, wrnsftwf very strongly. The licences which are supposed to be given by the *n«r *n«r aft faf^we 3 Municipal Corporations would be farcfr y fm | ^ given by the Police. If there is a fatft fa*mfar # suraffcff v t script of a dram^a, which has come from Kerala, you have to make a

[«ft fa p r * jn x q S fw r * r % ftRf^r ^ r % *P^sr wt wnft *«rr forr, gfew wtnt m x * w ?f jftra tt ^ fwiwnin»r f t eft ’j'RTpr $«rr, *rf ^tr | i^»r ^'gftwiPT^^Tfm ^ «*HRTT {[ I % w *x | , *fa«T % JP T ^ ftt^ % sfa | ft «uw?rr, *wrf *F1T (, Jtftjft, t^fVTVTT, lAfyFT «fk *tkto , n r «rc tfiN ^ t«p ? rm % pt^ c if i^r r s%rr 1 nrft^ wrt * mrr ?ft m «m *rr m |w ?^t ft ftfTT fft **T*r | 1 «%»tt 1 fw «ft v t «n«{?njHT ?nw m «r i f x $ t 1 ft??fr qffirfiffjwr *pt fara art error? «rr«pft fn^r wn|r It m?t «rfr far ft*rr »wr % 3**f *ft ^r | ult ftoft if 2, «rt 5ttw qr^m*r nrn | ft jfira 3ft ar? $r ftwft «if ^T?ft I 1 fawi% wt^r wrf^T If irrft % faftw f % tnx fWt *n$ 1 f , ^ f ^f?r ¥r ^ f «rt m r %ft 3*5 *r tffost? w ft *t 7m *i^t f^T jftrer vt f^ fw 5f T»fr srr^ft $ fa m z n*4x v t f anravrft ift »npf utrft i #£*r % ste ft* forfirc« * v»r 5>rr 1 *rfarcfs v t f i m *mr toft qi^^Rr 55 ifwr zw ft arof TK %nr Suffer ftrftfeT % *Rtw t , i r t f t i x w* *n Sfadfc: *r*4x wt* if m «ri eft fawfr wn w r ir tt «npfr ?ft ^ t f t ^ft jforcr *nc Wf#«fV I 9 f t WT5T, 4 ^ - «ft?r v&r w$t*r p n wjflfr «ft ftPnr ftnrwr ^ wr^Nft nnf fw r ^t^tt i nrftfr *m m $» «t#t ¥V sniw «rtT ifr f«n?r ^ ft w fawt ^ wrrer w ^ n f t WT^ift i n r M r «rr wr# wt *n5 * tim ft

% i w r wrflj^r t «%, «rr ww ^ wt ' «% i * « # *r?t wrt fipjwrrw * wta w firftfew m«pr f>?t fo; S r f a w w$ s t w * f t «rwf ■pfiUFSTT ^RT f t H WfV STHW wt *rft wfWr qr? m fww% w ft $w f t wr^r, irf #ww* $ I i «pt im m fit enr rir sto | i vtf w*t wrqrftwrfr ft writ I, wk i io o vwk ftw arnft 17 hr*' t i f^wfr if qrnw» | t »rft qT f f e w n n » sft v tf wtw ► V f * V V * t fa ***** *f^r t t gftnr wt *\x *f ?t *t*pra ’tfforw ftww v t w?tw tft 5ut^t ^qff « r qr | i mx i? h t t *t, fwwfc w?w ft% w wtw jfww VfWFR % WTWIW ^ ?P»WT TW % ®t£ ®VI TOfTf if fawSf *pt wl *x fm w«^, ?ft jj? it* qrt Tf^rTnT q?> t o r t «rr, wf wft 3TT?T f> ft I *stw s?w f t w f I $ ^ fawr w^nrr ? ftw fwfa*?r ?rTfj» f w wr^r i it wrcr «rwiw « ts wt *g% wft if wvr fwwrr wm % Jfww if wft £*m «ft v it w w w wrf& i wnr f*?tft fft qfwtf l^ t f t | I fwfireeT WTfW fW *TT5T % qrar fa?jw fafwfew wraw f i W?lr wt ^ ^ WtWTZTfW ffWT WT^ %rtr ^W % *rr^fpi wrww wr?t t , * ?t wtf sow |faw * «rrw q$f | i ^ *rt ift ?$t«F f«pn wTit i ^Pprt * t W^f WT9T * *rmm fr 5%ir vt ^?n«rr wt 1 1 191 Statutory R§». and AlKMTSW 28,1978 Delhi Police Biii 191

be from the ranks of Scheduled Castes and Scheduled Tribes «nd other back­ tt 3% * frfo m W^TT’TT ward classes. Then only there can be qv ^rr*P vw t, Srtor «nrr a semblance of police protection to these people in the country, I am *rw *rr«r * f w 33f t wriNr, sure that the hon. Minister of State im to maintain the law and order ff f® $ fa* q ^ ni*i f to Sr situation in the Capital? I suggest — - " that the pay-structure of Police must $ be revised immediately. I would also v\r it fssr TOT fa: 'ifaw suggest that the Delhi Police must be qrr fa?Ffv fstrsrv^ 1 1 Riven training in their public behavi­ rrfe f w ^'t q*-s«i rfarr fasr svnr. our. T hey are known for their ‘thums’ and ‘thumko’. rTT W 30 ?f¥rT W TT ^ I SWrRr»»: VT ^ 20 As my friend, Shri Bhattacharya pointed out, Shri Dharma Vira, who frsrn: 30 tranrc was responsible for the removal of *r ^ is If2 0^r «rn West Bengal’s Progressive Left-front SfR-? 1971 % I , 1W rTT OTT Government, has been made the n Tf?, Chairman of Police Commission. In m r $mr i *rr w. faq m his public meetings, Shri Dharma atf «fr— i»r< % fan 5 ^rr< Vira does not hesitate to blame the Sr fsrrv w r ^ — ^ c T ' ^ r ft*rfcr politicians for the worsening law and 10 order situation in the country. Such *t*tt q? § 1 ir* m rnr^nf a man should not have been given the vz | ft; S-W9T ?f qfi Mu sfir change to preside over Police s*r^«rr ^ gfer % i‘ Commission. With these words, I conclude my fvfefT % IPTPr ?f VKW, speech. ?rV< ^r^tTT if 5^ - tfr ¥To TW q T ^ If «r>: ^wrrfcr aft, % «ft fa- t q*< ?n»ar.3*nrft %■ ;n »t? srn ^ 1 ^f%?v ^=r to?* T«rfrr % %T^r *[*r smr ^ «w ^ fa q %% 5T3TT'< affr aTTcf arrSr ^ q r ^ 11 w ?ft TT^if * § ^ ?*nrrr 3-rrrr *rfa*FP: fc 1 war ?r 1 1 v fn s 2571 LS—7 195 -Statutory Ret. and AUGUST 38, 1W» DiUM PoHct WU x9*

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Mi* . CHAIRMAN« Juit a minute. course it is not mentioned in the The time is not given. it will be order paper. Can you show me the taken up. Normally the time fo fiven. rule? The position is that at 5*30 the I shall cheek up. You please verify half-an hour is taken up if the H ouse that by seeing the rules. Dr. Baldev sits upto 6. There is no prescribed Prakash, you may continue. time. You take th e sense of the House if you want to postpone the 1?o we are not prepared to sit. You please look up to the rules—page 9 | % 'ar4?rFTT*ft frr *r^>r tjftwr >rrr*fr i rule 14. It says: *ft? fa^TR f ^ OTVTRTtft if spgr '•Unless the Speaker otherwise fifr/ftw*rr*rr£l w rr % fta* yzf frrr directs, sitting of the Houses on any r-riT & tt, ? ? r t %M ? day shall ordinarily conclude at m m ? wrz tncvft f n i m ifrft 17.00 hours.” f¥ m ^ srT'amm frsftr *•? ^ qpTRr I am relying upon Rule 14. After 6 there is no question of Half-an-Hour being token up. Mr. Chairman, m f^riv^ifsm- fow <-^ according to the. Bulletin, the House is supposed to sit upto 6. ( Interrup­ ^ T*vfr ? w»f *rrf*?*r m THE MINISTRY OF HOME AFFAIRS t f m % f r w r *r £r *%r tv srr (SHRI S. D. PATIL'I: Sir. this Bill »W'iTT $ | ff & m it be possible? We would like to ask faffor ^3T*f fiff sfijff r?T^ qir ? for division also. *ptj£ t tfr fairer *t?r ft % MR. CHAIRMAN: I would request ar r 3fir *fr wftrenr f t the hon. Members to accommodate. I could have finished the debate earlier; ^ ^ srr qf®?rar normally, it ought to have ended at w ? iT3Tfr *fr<«fr *ft * * ,w 5.15 p.m., but jn my anxiety to see that more Members participate in the *w"r debate on this Bill, we continued. If f ’T ^ ^ %*■ t -- 11 we have half an hour for this and half an hour thereafter, we -will be SHBI VAYALAR RAVI: I rise on able to finish the business by 7.00 p.m. a. £°*nt of order. This is about the PROF. SAMAR GUHA (Contai): sitting of the House. According to What about my motion? It has been the bulletin the sitting is upto six. shifted again and again. It is not H it is at 6 then Half-an-Hour comes possible to accommodate every item «P at 5-30. That is the procedure. Of of the Government. Statutory Res . and AUGUST 28, 1971 1 Delhi PoliceBiU 20«

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the 1861 Act «a well as the 1951 crime is"not on the increase. It baa Bombay Police Act, It was already been made crystal clear many times in operation- It is not as if we are on the floor of the House, it has been giving certain more powers or that alleged tfiat crime has been increasing the police will misuse. This is the after the introduction of the system. general misconception about this It is not so. Bill... The various suggestions about SHRi M. RAM GOPAL REDDY duties, payscales, housing accommo­ (Nizamabad): Old things do not dation, are all matters which are for apply to the present. the consideration of the government. They are looking into the problem. SHRI S. D. PATIL: The police are The point was made that the police only the reflection of society; the is now given excessive powers. That policemen are not strangers; they are was the thrust of the speech of Mrs. part and parcel of society. Unless Parvathi Krishn&n. I would like to and until there is a sense of responsi­ say that the Commissioner of Police bility among our citizens, how can has not been given any more powers. society improve. The citizen, the The only thing is, certain powers social organisations and the political which were vested in the District -organisations should improve; unless Magistrates are now to be transferred they improve the image of the police to tho police. The Police Commis­ will not improve on its own. That is sioner is also a very responsible per­ why I request that there should be son. He is much above the District cooperation all round. Magistrate. Several arguments are given in the Khosla Commission report as to why it is essential to 17.44 hrs. have the system of Police Commis­ sioner. I need not go over them. I [Shri Ram Muim in the C h o ir] would only say that it is the intention of the Government to make the police I have seen the system of police machinery more efficient and more working in Tokyo in Japan some 17 duty-oriented. Up to this time, the years ago; I was so surprised. I police used to exercise certain powers. was surprised to see that in the big­ Now, in certain cases the police raT1 gest city in the world, where we help the people. That is exactly what travelled for 15 miles in a bus, there we want, namely, the police should rwere not even a handful of people be a friend, philosopher and guide on the road. Here inspite of our for the people. He must be the poor traffic regulations and other things, man's friend. That is the anxiety of we have got such happenings in this the Government and I think this Bill country. It is difficult to control will go a long way towards that and people. That is why certain powers make the police conscious 0f their to be given to police to control duties. traffic. Even the Bombay City Police Act had to be amended as many as 28 times. Between 195l and 1974, The training of the police is also the Bombay Act was Amended 28 taken care of. We are going to have ‘■lines. This is an experiment we are a training college as well as a train­ ing school. Of course, the college having. Hardly two months have will come a little later, but the school p**8ea- People expected that the law will be there. There will be adequate . d order situation would immediately improve! Shri Kanwarlal Gupta is training for the police force. not finding any change. How can we As far as the arduous duties of the * * « . ! cK5n«e Immediately within a period of only two months. Let us police are concerned, it is a matter for social philosophers and scientists jait and see; we have started the periment. I can oniy say ^ at to consider whether our police should be given so much duty 0r not. 211 S foti'tory Kes. and AUGUST 28, 1078Be Ihi PqHo* MiU

[Shri M. Ram Gopal Reddy] considerations. You can object to* The question of our purse also will their applointment and if the objection have to be taken into consideration, is up-held... whether we can afford to have a police with a lesser hours of duty and SHR1MATIPARVATHIKRISHNAN: better pay. That is the demand and Objection by whom? that is very welcome, but how far a poor country like ours can afford it SHRI S. D. PATIL: Objection by is a matter for investigation. the public also. If somebody is actuated by certain prejudices or Other suggestions have been made motives or political considerations, by some hon. members, some of whom then you have always the right to have been experienced Police officers object, and those objections are decid­ also. I am very glad that Shri ed within 15 days. So, this is only in Shambhu Nath Chaturvedi wh0 was the case of an emergency and emer­ at that time selected as a direct recruit gent circumstances. Otherwise, the for the post of Dy. S. P. and also Shri Special Police does not come in. Sup. Ramanand Tiwary who himself was pose suddenly communal riot deve­ in the police service have made their contributions to the debate based on lops or there is an unlawful assemb­ their experience. AH the suggestions ly. The fear that it will be only fill­ made by hon. members will be taken ed up by persons belonging to the care of and Government will examine political party which is in power is them. unfounded, and I think there is no scope for such criticism. Some members asked, if Delhi is given statehood, what will be the I have dealt with many of the points. powers of the Council of Minis­ I request the House to give its support ters, etc. I would like to make it to it because it has to be passed to­ clear that the proposed Bill which day. has been introduced is not going to give at this stage the status of state­ SHRIMATI PARVATHI KRISHNAN hood. It is only a Union Territory (Coimbatore): I had hoped that the and it will fall in line with whatever hon. Minister would enlighten us on powers are given to Goa, Daman and certain points, but he has failed to do Dlu and other Union Territories. The so. In fact, in his reply he has only Administrator, who i8 the Agent of the convinced me still further that there President, works under the super­ is something seriously wrong with this vision and control of the Home Bill. 1 do not deny, and I said so Ministry. Whatever powers are given when I was speaking, that the law to the Police Commissioner and what- and order situation and the crime ever regulations are laid down, they situation in Delhi is extremely serious will be placed before both Houses of Parliament. So, there will also be and you do need to streamline the a sort of direct control. If the regu­ police administration and have a get- lations in any way seek to give more up to bring that under control. But power than essential, then both now he is talking about an "experi­ Houses of Parliament can exercise a ment.” You do not start experiment­ check. ing when a fire is there, you try to put the fire out. Therefore, leave the SHRI VAYALAR RAVI: What experiment out. about special police officers? SHRI S. D. PATIL: Special Police I can understand very well your officers will be there only in emergent giving the police powers, more powers, circumstances. They will be taken to see that they keep the law and under two considerations. They must order situation under control, but I be fit and able-bodied. * (Interrup­ would like to know why you have to tions) . There will not be any political make inroads into powers that belong 213 sta tu to ry Re*, and BHADRA 1,-lMD. {SAKA)

to local bodies; And he ha* now let this was the spirit in which he said:. the cat out of the bag. They are go­ ‘•Don’t worry. It will not be mis­ ing to be answerable to whom? Tft used. It is an experiment.” We must the Home Ministry, and through the have it one way or the other. Home Ministry to the Central Govern, First he said it is based on the 1861 ment. Therefore, the Central Gov- Act, such a very patriotic Act! Why eminent is not only denying State­ can’t they nationalise the police? hood to Delhi, but also trying to ar­ You have nationalised certain textile rogate to itself certain powers that al­ units, you have nationalised so many ready exist with the Municipal Cor­ other things, including posts and tele­ poration. graphs and so on. Why not nationalise the police also? Why not have a The Police Commissioner will de­ patriotic police system, which does cide one fine day that some place is not harass the people __ likely to be an epidemic-stricken area, and, therefore he will consult the THE MINISTER OF PARLIA­ Municipal Corporation, but the MENTARY AFFAIRS AND LABOUR Municipal Corporation does not have (SHRI RAVINDRA VARMA): Mr. the final say in it. Is it the health Chairman, it will soon be 6 O’ Clock. authorities who are responsible for it and the police come into the picture SHRIMATI PARVATHI KRISHNAN: to aid the health authorities, or are I will take only a minute. you going to have the Police Commis­ sioner deciding it? SHRI RAVINDRA VARMA: The hands of the clock will not remain Similarly, I would like to know stationery. The Government is very under what imagination, whether it is keen that the Bill should be passed to­ the 1861 Act or who has inspired Shri day. Patil, who is now getting inspired by Mr. Malhotra or being briefed by SHRIMATI PARVATHI KRISH­ him, who has inspired him that the NAN: Because the Government was police can keep order in temples, sleeping over it until nOw. mosques, Gurudwaras and Churches. They are even allowed to say suo SHRI RAVINDRA VAMA; Sir, "w>

[Shri Vayalar Ravi] do not think it would be a very good, by members of my party and other precedent to have a division on the parties. They should be given prior question of extension of time. But I notice that this is going to be taken want to say one thing, when I make up so that they can be present here. this submission, and that is that I You cannot deny those Members the am very very sorry at the manner in opportunity to move those amend­ which this is being done and we have ments and speak on them. had to ask for this division. I am not pressing for it in view of the fact MR. CHAIRMAN: There is only one that the Government insists that the amendment. Bill has to go through today. SHRI VAYALAR RAVI: There are many amendments which Members As I said while speaking on the dis­ have given notice of. They must be approval motion last time, the most present here. Otherwise, how can unhappy part of it is that on a very they move those amendments? important Bill like this, it is proved that the Government comes with an MR. CHAIRMAN: This motion is Ordinance without coming forward for extending the time of the sitting, with a Bill for discussing in the Select till the Bill is passed. Committee. That is why we are in SHRI VAYALAR RAVI: It is not this plight. Anyway, since I do not a question of passing a Bill alone. A think it would be a good precedent, Bill can be passed in two minutes also. we do not press this particular ques­ That is not the point. tion of extension of time to a division. But other things I do not say we will MR. CHAIRMAN: I will put it to not press to a division. the House. The question is: “That the House sit for a few SHRI VAYALAR RAVI: I fully more hours, as long as it is neces­ endorse what Mrs. Parvathi Krishnan sary, to get through this Bill and has said. We are not pressing for a then take up the rest of the busi­ division. ness of the House.*’ SHRI RAVINDRA VARMA: I ex­ Those in favour of it may say “Aye” press my gratitude to the hon. Mem­ bers for that. SOME HON. MEMBERS: Aye". MR. CHAIRMAN: Those against it MR. CHAIRMAN: Is it the conse­ may say “No”. nsus of the House that the time of the sitting of the House today be extend­ SOME HON. MEMBERS: “No”. ed till the Delhi Police Bill be dispos­ MR. CHAIRMAN: I think the "Ayes’* ed of and, thereafter, the discussion have it. on Shri Samar Guha’s Motion and Half-An-Hour discussion be taken up? SOME HON. MEMBERS; No, the “Noes” have it. HON: MEMBERS: Yes. MR. CHAIRMAN: All right. Let MR. CHAIRMAN: So, the time is the lobbies be cleared. The Lobbies extended. Shrimati Parvathi Krishnan have been cleared. Let me put the to continue her speech. motion before the House. 18 hrs. SHRIMATI PARVATHI KRISHNAN: SHRIMATT PARVATHIKRISHNAN: Sir, I do not propose to say anything Sir, before you put the motion to more in view of the whole atmos­ the House, I want to say one thing. I phere and this attitude taken. I finish 217 Statutory Res. and BHADRA 1, 1900 (SAKA) Delhi Police Bill 218

before I have my full say. (Interrup­ Venkataraman, Shri R. tions) They can have it passed. Visvanathan, Shri C. N. MR. CHAIRMAN: 1 shall now put NOES the Statutory Resolution, moved by Agrawal, Shri Satish Shrimati Parvathi Krishnan, to the vote of the House. Ahuja, Shri Subhash Arif Beg, Shri The question is: Berwa, Shri Ram Kanwar “This House disapproves of the Borole, Shri Yashwant Delhi Police Ordinance, 1978 (Ordi­ Chand Ram, Shri nance No. 2 of 1978) promulgated Chaturvedi, Shri Shambhu Nath by the President on the 1st July, 1978.” Chavda, Shri K- S. Chowhan, Shri Bharat Singh The Lok Sabha divided: Chunder, Dr. Pratap Chandra Dandavate, Prof. Madhu Division No. 22] Desai. Shri Morarji [18. 11 hrs. Deshmukh, Shri Ram Prasad Ayes Dhandayuthapani, Shri V. •Balak Ram, Shri Dhurve. Shri Shyamlal •Balbir Singh, Shri Digvijoy Narain Singh, Shri Banatwalla, Shri G. M: Durga Chand, Shri Barman, Shri Palas Dutt, Shri Ashok Krishna Basu, Shri Chitta Ganga Singh, Shri Baus, Shri Dhirendranath @Gotkhinde, Shri Annasaheb Bhagat Ram, Shri Guha, Prof. Samar Bhakta, Shri Manoranjan Hukam Ram, Shri Chandrappan, Shri C. K. Jain, Shri Kalyan Deo, Shri V. Kishore Chandra S. Jain, Shri Nirmal Chandra Faleiro, Shri Eduardo Joshi, Dr. Murli Manohar *Kamath, Shri Hari Vishnu Kakade, Shri Sambhajirao Kodiyan, Shri P. K. Kaushik, Shri Purushottam Kolur, Shri Rajshekhar Khalsa, Shri Basant Singh Krishnan, Shrimati Parvathi Khan, Shri Kunwar Mahmud Ali Lakshminarayanan, Shri M. R. Khrime, Shri Rinching Khandu Mayathevar, Shri K. Kishore Lai, Shri Murugaiyan, Shri S. G. Krishan Kant, Shri Pajanor, Shri A. Bala Kureel, Shri R. L. Patnaik, Shri Sivaji Mahala, Shri K. L. Poojary, Shri Janardhana Mahale, Shri Hari Shankar Ravi, Shri Vayalar Mahata, Shri C. R. Saeed Murtaza, Shri Mahi Lai, Shri Unnikrishnan, Shri K P. Maiti, Shrimati Abha •W rongly voted for AYES ©Wrongly voted for NOES 319 Statutory Res, and AUGUST 28 , 1678 Delhi Police BiB 2*0 Malhotra, Shri Vijay Kumar Somanl, Shri Roop Lai Malik, Shri Mukhtiar Singh Sukhendra Singh, Shri Meerza, Shri Syed Kazim Ali Swamy, Dr. Subramaniam Mehta, Shri Prasannbhai Tan Singh, Shri Mhalgi, Shri R. K. Tiwari, Shri Brij Bhushan Mondal, Dr. Bijoy Ugrasen. Shri Munda, Shri Karia Vajpayee, Shri Atal Bihari Pandey, Shri Ambika Prasad Varma, Shri Ravindra Pandeya, Dr. Laxminarayan Verma, Shri R. L. P. Parmar, Shri Natwarlal B. Verma, Shri Sukhdev Prasad Paswan, Shri Ram Vilas Yadav, Shri Hukmdeo Narain Yadava, Shri Roop Nath Singh Patel, Shri H. M. Patel, Km. Maniben Vallabhbhai Yadvcndra Dutt. Shri Yuvraj. Shri Patil, Shri S. D. Pradhan, Shri Pabitra Mohan Zulfiquarullah. Shri Rabi, Shri Ram Lai MR. CHAIRMAN: Subject to cor­ rection, the result* of the Division is: Rai, Shri Narmada Prasad Ayes: 20; Rajda, Shri Ratansinh Noes: 91. Ram Charan, Shri Ram Kinkar, Shri The Resolution is negatived. Ram Kishan, Shri The motion was negatived. Ram Sagar, Shri SHRIMATI PARVATHI KRISH­ Ramachandran, Shri P. NAN: Are you not ashamed of your­ Raxnapati Singh, Shri selves—without knowing what y#u are clapping for? Ramji Singh, Dr. Ramjiwan Singh, Shri MR. CHAIRMAN: Now, there is au Ranjit Singh, Shri amendment by Shri Ramanand Tiwary. Are you pressing it? Rothuama, Dr. R. Sai, Shri Larang ffa rf' -sr, *ri«m Saran, Shri Daulat Ram Sarangi, Shri R. P. Shastri, Shri Ram Dhari : *r«r**rf?r Shejwalkar, Shri N. K. $ v?rr *rr fo v ; fare- Sheo Narain, Shri W f 5PT «P.7 -7% fffo: ssif Sikander Bakht, Shri z fz m % x tr -srf ~Tnr ~nf?rrT» Singh, Dr. B. N. fs.trr «rr i Sinha, Shri Purnanarayan t »Tir-vr3sr w art »r w *rr Sinha, Shri Satyendra Narayan fo wirefi it sruff £ i •The following Members alto recor ded their votes: AYES : Sarvashri Bakin Pertln and Annasaheb Gotkhindc; NOES: Sarvashri Ramanand Tiwary, Ram Naresh Kushwaha, Raghavji, Jawaia Prasad Kureel, Chowdhury Balbir Singh. Balak Bam, and Hari Vishnu Kamath. £2! Statutory Res. and BHADRA 1, 1900 (SAKA) Delhi Police Bill 22%

rfto ^ f a Clause 8 -r~(One PoUee force for the i whole of Delhi) SHRI SHAMBHU NATH CHATUR- nmnwr fwnft : w i\ VEDI): I beg to move: *r**rr, i’ w. >r *, t, ^.«r t i t , ing your amendment? ffrfy^rSf ^;Vrt7 TTf | -ffjjv SHRI SHAMBHU NATH CHATUR- i>? 5 f % -W if Ifff *i* TW VEDI: I am not pressing. f 'r .T r w c f - y ^ K Amendment No. 59 was, by leave, nT «r.'fl7 fr

Clause 2— (Definitions) “Executive Council or the Council of Ministers”. (74) MR. CHAIRMAN; There are no amendments. MR. CHAIRMAN: I shall now put the amendment to the vote of the The question is; House. “That clause 2 stand part of the Amendment No. 74 was put and nega­ Bill.” tived. MR. CHAIRMAN: The question is: The motion was adopted. “That Clause 4 stand part of the Clause 2 was addtd to the Bill Bill," Statutory Res. and AUGUST 23, 1978 D elhi Police B ill 324

The motion was adopted. “That Clause 6 stand part of the Bill.” Clause 4 was added to the Bill. The motion was adopted. Clause 5— (Constitution of Police Clause 6 was added to foe Bill. force) Clause 7— (Additional Commissioner MR. CHAIRMAN: There is one of Police ) amendment by Shrimati Parvathi Krishnan. Are you moving? MR. CHAIRMAN: There are amendments by Shrimati Parvathi SHRIMATI PARVATHI KRISH­ Krishnan. Are you moving? NAN: I beg to move; SHRIMATI PARVATHI KRISH­ “Page 3, line 34,— NAN: I beg to move; fo r “Administrator" su b stitu te— “Page 4, line 5,— “Executive Council or the for “Administrator" substitute— Council of Ministers". (75) “Executive Council or the Council of Ministers". (77) MR. CHAIRMAN; I shall now put the amendment to the vote of the “Page 4. line 13.— House. for “Administrator” substitute— “Executive Council or the The amendment No. 75 was put and Council of Ministers’’. (78) negatived. MR. CHAIRMAN: I shall put the MR. CHAIRMAN: The question is: amendments to the vote. ‘That Clause 5 stand part of the Amendments Nos. 77 and 78 were put Bill." and negatived. The motion was adopted. MR. CHAIRMAN: The question is: Clause 5 was added to the Bill. ‘•That Clause 7 stand part of the Bill.” Clause 6— (Commissioner of Police) The motion was adopted . MR. CHAIRMAN: There is an Clause 7 was added to the Bill. amendment to this clause. Are you moving? Clause 8- ( Deputy, Additional Deputy and Assistant Commissioners of Police) SHRIMATI PARVATHI KRISH­ MR. CHAIRMAN: There is an NAN: I beg to move: amendment to this clause by Shrimati “Page 4, line 2,— Parvathi Krishnan. Are you moving? SHRIMATI PARVATHI KRISH­ for “Administrator" substitute — NAN: I beg to move: “Executive Council or the “Page 4, line 18,— Council of Ministers". (76) for “Administrator” *ubstit*te— MR. CHAIRMAN: I shall now put “Executive Council or the the amendment to the vote. Council of Ministers*. (71) MB. CHAIRMAN: I shall put the Amendment No. 76 was put and amendment to the vote of th® House. negatived, Amendment No. 79 woe pint and MR. CHAIRMAN: The question is: nsuuMsusd. 3*5 Statutory fte*. and BHADRA 1, 1906 (SAKA) D elhi Police B ill 27&

MB CHAIRMAN: th e question is: Amendment No. 82 was put and negatived. *fTh«t Clause ft stand part of the W»*. MR. CHAIRMAN: The question is: The motion was adopted. “That Clause 10 stand part of the Clause 8 was added to the Bill. BUI”. Clatuie a —(Appointment of Principals The motion was adopted, of Police Training Institutions.) Clause 10 teas added to the BUI. MR. CHAIRMAN; There are two amendments in the name of Shrimati Clause 11 was added to the B ill Parvati Krishnan. Are you moving? Clause 12— (Appointment of subordi­ SHRIMATI PARVATHI KRISH­ nate ranks) NAN: I move: SHRIMATI PARVATHI KRISH­ "Page 4, line 23,— NAN: I beg to move; tor ‘Administrator" substitute — Page 5, lines 7 and 8, ----- “Executive Council or the for “Administrator" substitute— Council of Ministers”. (80) “Executive Council or the Page 4, line 11,— Council of Ministers". (83) for "Administrator’* substitute— MR. CHAIRMAN: i put amend* ment No. 83 to the vote of the House. “Executive Council or the Council of Ministers”. (81) Amendment No. 83 was put and negatived. MR. CHAIRMAN; I shall put the MR. CHAIRMAN: The question is: amendments to the vote of the House. "That Clause 12 stand part of the Amendments Nos. 80 and 81 were put Bill**. and negatived. The motion was adopted. MR. CHAIRMAN: The question is: Clause 12 urns added to the Bill. “That Clause 9 stand part of the Bill." Clawe IS— (Certificate of appoint­ ment) The motion was adopted. SHRIMATI PARVATHI KRISH­ Clause 9 was added t0 the Bill. NAN: I beg to move: Cleme 1ft— (Constitution of Police Page 5, line 19,— districts, sub-divisions and police stations) for “Administrator” substitute—

SHRIMATI PARVATHI KRISH­ “Executive Council or the NAN: I beg to move* Council of Ministers”. (84) Page 4, Un* MR, CHAIRMAN: x put amend* ment No. 84 to the vote of the tor •‘Administrator” substitute— Amendment No. 84 was put and <(Skieutivt Council or the negatived. Council of Ministers”, (ft!) MR. CHAIRMAN: The question is: M*. CHAIRMAN: r put amend- “That Clause 13 s tu d part of the m entfffcfcjto the vote of 0*e House. Bill". 2Wi U U 8 227 Statutory Rea. and AUGUST 23, 1878 Delhi Police Bin a*8

The motion was adopted. wanted to draw their attention to my Clause 13 was added to the Bill. amendments. I think, after six O’ clock, their democratic conscience be- Clause 14 was added to the Bill. comes dormant, I have no illusion about it. Clause 15 was added to the Bill. MR. CHAIRMAN; I put amend- Clause 16 was added to the Bill. ments No. 85 and 86 to the vote of CIibm 17— (Special police officers) the House. SHRIMATI PARVATHI KRISH­ Amendments Nos. 85 and 86 were put NAN: Z beg to move: and negatived. Page 6,— SHRI VAYALAR RAVI: I beg to for lines 9 to 14, substitute— move: “ (3) Person so appointed shall Page 6,— have the right to refuse such after line 8, insert— appointment within a period of seven days after submitting his “Provided that the Commis­ reasons for doing so. sioner of Police shall obtain the consent of such appointed <3A) any person or organisa­ special police officers before tion or political party objecting publishing the names.” (135) to the appointment of any per­ son as such special police officer I need my amendment No. 135: may send the reasons therefor "Provided that the Commissioner of to the Commissioner of Police Police shall obtain the consent of within fifteen days of such ap­ such appointed special police officers pointment and the Commis­ before publishing the names." sioner shall accept the objection If somebody is nominated as a and cancel the appointment of special police officer, that person must such officer, or, after giving the have the right to refuse; we cannot objector an opportunity to be compel a person, it is very wrong heard, submit the report to the and it is arbitrary. Executive Council or the Coun­ cil of Ministers for final deci­ SHRI S. D. PATIL: I oppose the sion which shall be given with­ amendment on the question of ap­ in seven days of receipt of the pointment of special police officer in report from the Commissioner* emergent situations.... (Interrup­ (85) tions) Page 6, line 18,— SHRI VAYALAR RAVI: Let him have the right to refuse it. for "Administrator" substitute — ''Executive Council or the SHRI S. D. PATIL: If this right is Council of Ministers'*. (86) given we will not be able to appoint special police officers. I would like to remind the Mem­ bers on the other side including very SHRI VAYALAR RAVI: He does venerated and venerable Ministers not have much confidence in himself. who are sitting there that the essence of my -amendments is to ensure cer­ SHRI S. D. PATIL: We cannot tain democratic^ processes. take a risk. 1 think. Mr. Vajpayee has not read SHRI VAYALAR RAVI: How can my amendments. That is why I you compel a person to become a 2 2 9 Statutory Res. and BHADRA 1, 1900 (SAKA) Delhi Police Bill 230

police ottcer? Why not give the *trr $fa*rM jftafftr option to a person to refuse it? How is it compulsory? | i fatflr Jrwix % % m « m r wret fiwr | ?ft

fSkrimati Parvathi Krishnan] with women end girls or ab#t» ire a number of amendments, abtfo- ment thereof; Itiiely similar, though thisy come in ditmissal different clauses. I think you can (b) direct pr indirect abetment take all of them together, 89 to H in cases of thefts, dacoity, loot except for 91, which is different. and murder; dismissal MB. CHAIRMAN: TO clause 19, there is amendment No. 88. (c) escaping from duty while SHRIMATI PARVATHI KRISH­ deployed on a responsible assign­ NAN: I beg to move my amendment ment (e.g. treasury or main­ No. 88. tenance of law and order). (8) dismissal Page 0, line 35,— Page 7,— for “Administrator” substitute— for lines 35 and 36, substitute— “Executive Council or the Council of Ministers”. (88) “award any punitive duty to constables other than physical MR. CHAIRMAN: 1 shall how put punishment such as drill, fatigue amendment No. 88 moved by Shrimati duty, confinement in quarter Parvathi KHshnan. guard,” (9) Atmndmeiit No. 88 teas put and negatived. Page 8, line 2,— MR. CHAIRMAN: The question is: add at the end— 'That clause 19 stand part of the “fcnd the period of suspension shall be the minitttUm and the Bill.” suspended officer shall be paid The motion was adopted. the allowance fegutariy frdm the date Of his suspension”. (10) Clause 19 was added to the Bill Page 8, line 8,— Clause 20 was added to the Bill . add it thfe end— Cteufe 21— (Powers of punishment) “and the period of suspension MR. CHAIRMAN: We take up shall be the minimum Asia tm clause 21. suspended officer shall be paid the allowance regularly from the date SHRI RAMANAND TIWARY: I beg of his suspension.” (11) to move: Page 7, line 17,— #M )r «;.*»*» after "Principal” insert— tv® I n fiwr iffc w f t * * V* ***** ", hot below the rank of Addi­ tional Commissioner of Police,” wrrnff (7) ftxr Pag* 7,— for lines &1 to it, substitute-* a m Offence Punishment tm ta ». » .M M ti-. i (a) abduction, raping and hav­ ...... This U ifiking ing unnatural sexual relations restrictive. m m ^ to r y He* w t BBADBA 1, 1900 (SAKA) Delhi Police Bill 234

ynirtfcr fgto* t farrtf «fr, i w w ftr^w * fowrfir^'W *rrr * * * r* rn sM ? m im r ttftffe a s* T * if ?

* f i * In m m fnw * (****0 «& iifiW f 8 M * : >**nc ifflfttfl1 « f *rr*msrc * * fv *w ¥ « r vrwfo, s* i« *r wnr ^*r, ?ft f fWWftf UpW : *** ** % fcr sijp i w i ? ffetf $f«M t5 # z ^ jp VT «ftq«o#to'i!fois nr vr f*f I t vrm 1 ^tw m fiw rt » »WH** # toi««&iii$ : * foratf m t «np |, tpr % f»r a tf t» TOT J I if *y|4T j f r MR. CHAIRMAN: Has he the leave of the H^vise to vithdraiy hi* 1 amendment? mftw : # fair# HON. MEMBERS: Yes. aft * * < * * ! * « w « r r f r $ Amendments Nos. 7 to 11 were, by « r J w ^ r * t * m Sr i leave, withdrawn, rtm nm h*# t **'i ? MR. CHAIRMAN: The question is: “ThatClause 21 *t*nd part oi tfc/» j w ar Bill.” vtalreiiff *10 S» M il* The motion jut«f adopted. 1 1 t w * n * « n r f t | i Clause 24 was added to the Bill * ***** * * MR. CHAIRMAN: The question is: t » “That Clause 22 stand part of the ffttf«$e<0*« » t «*HI Bill.” ~ tfcWf* * " The motion was adopted.

f » *»? Clause 22 was added to the Bill. • U W ft* i l P W * MR. CHAIRMAN: The question i« (’ ww "That Clause 23 stand part of the *•#*** Bill.” wam wn faxteiiN ttiK W m * tfptj !^(f w w ^njj^ ^ ^ The motion was adopted. * t irn$HW flflww Clause 28 was added to the Bill. ft? |F5 KJV !& *« * ^ MR. CHAIRMAN: The question is: fafoft* V t ^ V «W ‘•That Clause 84 stand part of H » f i v f c m ti> *«& *w ^tw t Bffl." M r The motion too* «*of*«a. 235 Statutory Res. and AUGUST 28, 1978 Delhi Police Sill

Claus e 24 was added to the Bill. Page 12, omit lines 37 to 48. (97) MR. CHAIRMAN: The question is: Page 13, omit lines to 38. (98) “That clause 25 stand part of the The amendments have been pro­ Bill." posed in order to take out from the The motion urns adopted. purview of the police those powers ■which are today vested in the Muni­ Clause 25 was added to the Bill. cipal Corporation. There is a well Clause 2ft— (Certificate, arms, etc., to known saying that pearls should not be delivered by person ceasing to be be cast before swine, but still I thought I should move these amend­ a police officer.) ments. SHRIMATI PARVATHI KRISH- NAN: I beg to move: MR. CHAIRMAN: I put amend­ ment Nos. 95 to 98 to the House. Page 9, lines 43 to 45,— Amendments Nos. 95 to 98 were put omit “Additional Commissioner and negatived. of Police, Principal of the Police SHRI VAYALAR RAVI: I beg to Training College or of the Police. move: Training School or a Deputy Com­ missioner, Additional Deputy Com­ Page 13,— missioner or an Assistant Commis­ sioner of Police.” (91) line 28, add at the end— “and any such performances MR. CHAIRMAN: I put amend­ and of the scripts In respect there­ ment No. 91 to the House. of granted suitability certificate by Amendment No. 91 was put and any State shall be exempted from negatived. this Section.” (139) MR. CHAIRMAN: The question is: Delhi being the capital of India, cul­ tural troupes from Bengal, Maha­ “That Clause 26 stand part of the rashtra, Kerala and Tamil Nadu will Bill.” come to Delhi. These troupes cannot submit to the Police Com­ The motion was adopted. missioner here a script in Eng­ lish or Hindi. The section talks Clause 26 was added to the Bill . of “prior scrutiny of such per­ formances and of the scripts in respect MR. CHAIRMAN: The question is: thereof”. Suppose that script has been “That Clause 27 stand part of the accepted by the State from which that Bill.” troupe comes. Then, why do you want a further approval here? It it diffi­ The motion was adopted. cult. In that case, we cannot have any functions of a cultural nature in Clause 27 was added to the Bill. Delhi from other States. It is impos­ sible. So, I would appeal to the Minis­ Clause 28— (Power to make regula­ ter to accept Amendment No. 139. It tions for regulating of and traffic for will help the people from other State*. preservation of order in public places, etc.) SHRIMATI PARVATHI KRISHNAN: I understand that Shri Ravhidra SHRIMATI PARVATHI KRISH- ytflrma is for accepting It. NAN; i beg to move; SHRI S. D. PATIL: May I inyita the Page 10, omit lines 30 to 34. (95) attention of the hon. Member, Shri Vayalar Ravi, to the fact that clause Page 11, omit lines 20 to 43. (96) 142 seeks to provide that public notice 237 K**u*or* Res. and BEADRA 1, 1900 (SAKA) Delhi Police Bill 238 may be given by advertising in such SHRIMATI PARVATHI KRISHNAN: local newspapers in Hindi, Urdu or They have just accepted a similar English, as the competent authority amendment moved by Shri Vayalar may deem fit? This is one oi the Ravi. They should know what they methods of giving publicity by supply­ are talking about. It is the same ing copies etc. The policy of the Delhi amendment. Administration is to issue the noti­ MR. CHAIRMAN: I will now put fications in Hindi and English. amendments Nos. 167 and 168 by Shrimati Parvathi Krishnan to the SHRI VAYALAR RAVI: I am speak­ vote of the House. ing on amendment No. 139 to clause 28, which provides that prior sanction Amendments Nos. 167 and 168 were and approval of the script by the put and negatived. Police Commissioner is necessary, for any performance in Delhi. Suppose a MR. CHAIRMAN: The question is: troupe from Tamil Nadu, Kerala or “That Clause 28, as amended, Bengal comes to Delhi and wants to stand part of the Bill.” stage a performance, they will have to The motion was adopted, translate the script into either Hindi or English and submit it to the illi­ ’ Clause 28, as amended, was added terate policeman. Why should it be to the Bill. done, when the concerned State Gov­ ernment have approved of it? Please Clause 29— (Power to give directions allow our troupes to come here. to the Public) SHRI S. D. PATIL: I accept the SHRIMATI PARVATHI KRISHNAN: amendment. I beg to move: MR. CHAIRMAN: The question is: Page 14, lines 45 to 47,— Page 13,— omit “and at, and within, public line 28, add at the end— bathing and washing places, fairs, temples, mosques, gurd- “and any such performances and waras, churches and all other of the scripts in respect thereof places of public resort or public granted suitability certificate by worship;” (103) any State shall be exempted from this Section,” (139) I do not think that the police should suo motu enter public bathing and The motion was adopted, washing places, fairs, temples mosques gurdwaras, churches and other places SHRIMATI PARVATHI KRISHNAN: of worship. This is very wrong, mor­ I beg to move: ally wrong. If they want to do some* thing which is morally wrong, I don’t “Page 13, line 2,— mind. omit “or assembly” (167) SHRI S. D. PATIL: I oppose it. "Page 13, line 28,*— MR. CHAIRMAN: I put Amendment No. 103 moved by Shrimati Parvathi add at the end— Krishnan to the vote of the House. “and any such performances and Amendment No. 103 was put and the scripts in respect thereof negatived. granted suitability certificate by MR. CHAIRMAN: The question is: any State shall be exempted from this section” (168) “That Clause 29 stand part of the Bill.” SHRI S. D. PATIL: X am not accept, ing It. The motion was adopted. 23 9 Statutory Res. and AUGUST 28, 1978 D elhi Police fKU 240

Clause 29 was added to the Bill, Clause 30 was added to the Bill. Ctaase 10- (Power to prohibit certain Clause 81— (Police to provide against acts for prevention of disorder) disorder etc. at places of public SHRIMATI PARVATHI KRISHNAN; amusement or public assembly or I beg to move: meeting.) Page 15, lines 12 and 13.— SHRIMATI PARVATHI KRISHNAN: I move my amendment No. 110. omit “or addresesd to individuals” (104) 1 beg to move: Page 15 — Page 16.— omit “or addressed to individuals” for lines 1 to 13, substitute— MR. CHAIRMAN: I put Amendment “(1) For the purpose of preventing Nos. 104 and 108 of Shrimati Parvathi serious disorder or breach of Krishnan to the vote of the House. the law or manifest and im­ minent danger to the persons Amendments Nos . 104 and 108 were assembled at any place of put and negatived. public amusement or at any assembly or meeting to which MR. CHAIRMAN: There are two more Amendments No. 144 and 152 in the public are invited, any the name of Shri Vayalar Ravi to police officer of the rank of Clause 30. Superintendent of Police and above, present at such place SHRI VAYALAR RAVI: I want to may, subject to such rules, move Amendment No. 152 only, regulations, and orders as may have been lawfully made, give I beg to move: reasonable advice to the or­ Page 15, lice 15,— ganisers of such functions which may be considered t after “(a)” insert ‘The training necessary for securing the or” (152) peaceful and lawful conduct of the proceedings.” (110) You have made a provision of carry­ ing of arms, etc. I am adding the I would request the Minister to accept word “training" also. Because “train­ this amendment. It is a very simple ing” also can be a problem and it will one. Giving advice to the organisers psychologically provoke them to use it. in respect of conduct of the meetings, SHRI S. D. PATIL: I oppose it— the manner in which they are to fee conducted, etc., should not be left to MR. CHAIRMAN: Now, I put Am­ an Assistant Sub-Inspector; he should endment No. 152 to the vote of the be .of the rank of Superintendent of House. Police or at least an Inspector. Leav­ Amendment No. 152 was put and ing it to an Assistant Sub-Inspector negatived, will not do. That will lead to a lot of trouble. The Minister, in his reply, MR. CHAIRMAN: There is another has stated that this is an experiment. amendment in the name of ShH Ram Please do not have such costly expert' Dhari Shastri. He is not present. ments. We wiU not be responsible for The question is; the consequences. “That Clause 30 stand part of the SHRI S. D. PATIL: I oppose this Bill.” amendment because Assistant Sub- Inspector is a sufficiently -responsible The motion was adopted* officer, 241 statutory Pts. and BHADRA 1, 1900 (SAKA) Delhi Police M il 24a

MR. CHAIRMAN: I shall now put Page 17. line 44,— Amendment No. 110, moved by Shri* for “may in consultation with** mati Parvathi Krishnan, to the vote substitute— of the House. "shall on request from'* ( 111) Amendment No. 110 was put and Here I am only saying that the municipality should be consulted. SHRI VAYALAR RAVI: Sir, I SHRI S. D. PATIL: There are move my amendments Nos. 145 and concurrent powers; they are both 146. I beg to move: supplementary and complementary. I Page 16, line 5,— am not accepting this amendment. for “Assistant Sub-Inspector” MR. CHAIRMAN: I shall now put substitute “Assistant Police Com­ Amendment No. Ill, moved by Shri­ missioner” (145). mati Parvathi Krishnan, to the vote of the House. 16— Amendment No. I ll was put and omit lines 14 to 17. <146). negatived. Leaving this to the Assistant Sub* ^MR. CHAIRMAN: The question is: Inspector will not do. This must be done at least by a sub-divi*Ion«l “That Clause 35 stand part of the officer; it should be at least Assistant Bill.” Police Commissioner. The motion was adopted. SHRI S. D. PATIL: It is impracti­ Clause 35 was added to the BUI. cable. We cannot entrust it to such a big officer. Assistant police Commis­ Clause 96 was added to the Bill. sioner is a high officer and he is of the CU«e If— (Power to make regula­ grade of Assistant Superintendent of tions prohibiting disposal of the dead Police. I am not, therefore, accepting except at places set apart. his amendments. SHRIMATI PARVATffl KRiSH- MR. CHAIRMAN: I shall now put NAN: 1 beg to move: Amendments Nos. 145 and 146 to the vote of the House. Page 18 , line 19 ,— Amendments Nos . 145 and 146 toere o|ter nime to time” insert— pvt and negatived, "On request from the Corporation MR. CHAIRMAN: The question is: or municipality within the local limits o& the jurisdiction whereof "That Clause 91 stand part of the such place is situated” (112). Bill." SHRI S. D. PATIL: Sir, I oppose it! The motion was adopted. I am not accepting it Clause 31 was added to the Bttt. MR. CHAIRMAN: I will now put Clause 82 was added to the B ill amendment No. 112 of Shrimati Par- vathi Krishnan to vote. Clauses 38 and 84 were added to the BiU. Amendment No. 112 was put and negatived. CIaiu* J 5 --(Commissioner Pedice may tajce special measures io prevent MR. CHAIRMAN: New the ques­ outbreak -of epidemic disease at j*bs,tion is: etc. “That clause 37 «tand part of the Bill.” SHRIMATI PARVATHI NAN: I beg to m v » : The motion was adopted. S tatutory Res. and AUGUST 23, 1978 D elhi Police Bill

Clause 37 was added to the Bill. MR. CHAIRMAN: I will qow put the amendments to vote. I will take Clause 38 was added to the Bill. up first the amendments of Sfirimati Clause 39— {Employment of additional Parvathi Krishnan. police in cases of special danger to Amendments Nos. 113 and 169 were public peace ). put and negatived. SHRIMATI PARVATHI KRISH­ MR. CHAIRMAN: I will now put NAN: I beg to move: amendment No. 147 ©f Shri Vayalar Page 19, line 17,— Ravi to vote. for "Administrator’’ substitute — Amendment No. 147 was put and negatived. "Executive Council or the Council of Ministers” (113). SHRi VAYALAR RAVI: This power will be misused. You will see. SHRi VAYALAR RAVI: I beg to Let it go on record. move: MR. CHAIRMAN: I will now put Page 19,— the clause to vote. omit lines 30 to 39. (147) The question is; SHRIMATI PARVATHI KRISH­ “That clause 39 stand part of the NAN: I beg to move: Bill.” Page 19,— The motion was adopted. omit lines 30 to 46. (169) Clause 39 was added to the Bill. SHRI VAYALAR RAVI: The Minister must explain whether it is Clause 40— (Employment of additional not the duty of the Police to give police at large work and when appre­ protection to the people. After giving hension regarding behaviour of protection on what authority will you employees exists.) be collecting money from them? It is immoral t0 recover the expenditure SHRI VAYALAR RAVI: I beg to from the people. The Minister should move; not go to the extent of recovering the Page 20,— money from the people, i request the Minister to kindly withdraw this omit lines 6 to 10. (148). clause. This clause, I request, the Railway SHRI S. D. PATI: This is « Minister also should look into because salutary clause and I am not accepting he is a trade union leader. Do you the amendment. It is only applicable agree with clause 40(l) (b)? in the disturbed areas. Even then the This clause says: District Magistrate will consider all these cases and in fit cases he may "the behaviour or a reasonable exempt ft. apprehension of the behaviour of the persons employed on any rail' MR. CHAIRMAN: It is only a sort way, canal or other public work, of punitive fine? or in or upon any manufactory or other commercial concern, under SHRI S. D. PATIL: It is only for construction or in operation *t any paying compensation the amounts are place necessitates the employment recovered. of additional police at such place, H SHRI C. K. CHANDRAPPAN (Can- nanore): Gandhiji wag against pun- It means that you are giving the power tive fine*. to employ police even when a labour 245 Statutory Res. and BKADRA 1, 1900 (SAKA) Delhi Police Bill 246

strike is there. This clause will be “The amount of the compensa­ mimed against the working class. tion shall be paid by those lound SHRI S. D. PATIL: I oppose it guilty in a court of law for the because It is essential to maintain the damage caused and in accordance speed of the work. with the directions of such court of law**. SHRIMATI PARVATHI KRISH­ NAN: The Laobur Minister is sitting It should not b« by anybody and there. His conscience is not aroused— everybody. I think. SHRI VAYALAR RAVI: I have MR. CHAIRMAN; I will now put also got two amendments— 141 and amendment No. 148 of Shri Vayalar 142 on this clausa Ravi to vote. MR. CHAIRMAN: Are you moving? Amendment No. 148 was put and negatived. SHRI VAYALAR RAVI: I beg to move: MR. CHAIRMAN; Now, the question is: Page 20,— ‘That clause 40 stand part of the Omit lines 32 to 34. (141). Bill." Page 20,— The motion was adopted. Omit lines 35 to 87. (142) Clause 40 was added to the Bill. Sir I want to make my submission. Clause 41— (Compensation for injury PROF. MADHU DANDAVATE: caused by unlawful assembly how After the 25th Amendment the com­ recoverable.) pensation has disappeared. 1 do not know why my Leftist friend has MR. CHAIRMAN: Are you moving moved her amendment? (Interrup­ your amendment which is in your tions) . name? SHRIMATI PARVATHI KRISH­ NAN; Surely, let me not disturb the 19 hrs. compensation. When something is done, the compensation should be paid SHRIMATI PARVATI KRISHNAN: by the other people. I beg to move; SHRI VAYALAR RAVI: This is Page 20,— an imposed fine upon the people. It for lines 32 to 34, substitute— must not be misused to any extent “(3) The amount of the com­ Moreover, I take the opportunity of pensation shall be paid by those warning the Minister that this will found guilty in a court of 1&W lead to a lot of litigation even by for the damage caused and in private individuals, or by anyone in accordance with the directions of the disturbed area. I may tell you such court of law". (110,) that the people feel that if their property is damaged by anyone, that Sir, Clause 41(3) says: person will make us to go to the court "The amount of the compensation of law. You may only invite litiga­ tions in Delhi itself. Take for instance shall be deemed to be a fine im­ Kerala. There was a communal riot posed tinder this section, and shall be payable by the inhabitants of the in Trivandrum. You know what the disturbed area* Kerala Government did. They have themselves paid money as compensa­ What I «*n saying U this. This Is tion to the poor people. We never fin e another punitive fine. What I have other poor people at all t Here you said by amendment is this. want t0 fine th e poor peaple. I t is a 247 Statutory Res. and AUGUST 23,1978 DplH PoUc* MU 34*

£Shri Vayalar Ravi] Amendments Nos. 119, 141 and 149 very wrong thing. It is against the urere pvt and negatived, Gasdhian principle as also against all ethics and morality of the society. MR. CHAIRMAN: The question is: I therefore oppose thig Clause. I, of course, appeal to the the Gandhian “That Clause 41 stand part of the leader, Prof. Madhu Dandavate and Bill.” the Minister incharge to withdraw The motion teas adopted. this clause. Clouse 41 was added to the BUI. MB. CHAIRMAN: Now, the Mini­ ster. We are on Clause 41. Clauses 42 to 45 were added to the BiU. SHRI S. D. PATIL: The amend­ Claims 46 ment seeks to substitute the existing MR. CHAIRMAN: Now I come to sub-clause (3) of Clause 41 which Clause 46. There are amendments by provides for the compensation for the Shri Tyagi. He is not here. injury caused by unlawful assembly which shall be deemed to be fine MR. CHAIRMAN: The question Is: imposed under Clause 41 and shaU be payable by the inhabitants of the dis­ “That Clause 46 stand part of the turbed area. My clause seeks to Bill". provide that the amount of compensa­ tion shall be paid by those found The motion was adopted. guilty in a court of law for the damage caused and in accordance with the Clause 46 was added to the Bill directions of the court. Clause 47- (Romm* of parsons about Looking to the provisions of sub* to committ offences) sectin 4 of the same clause which empowers the District Collector to 8HRIMATI PASVATJS i jgRISH- exempt any person from llsbBity to NAN: I beg to move; pay any portion of the compensation amount, Mr sufficient reasons perhaps, Page 22. line 39,— the proposed improvement may not be necessary. (i) after “found*' insert "guilty in a court of law’* 'Further, the judicial proceedings (ii) omit “to have comrtted" will to long drawn out eaUiling delay in the payment of compensation. (110). * Under sub-clause <2) ol this Clause, MR. CHWRMAN: I put amend­ the District CsMector wH! have to hold ment No. 120 to the y«te of the Ho|ise. an enqitiry lor determining the amount of compensation under the Amendment No. £80 m u fw* «*d Acquisition Order—Act Land Aequi- n*f#ti<*d. sitton Act, 1094. He Ims got the sufficient experience for determining MR. CHAIRMAN: The question is: the compensation. The collector has got the experience a* the Land “That clause 47 stands part of tb« Acquisition Officer. BiJT. The motion tofts adopted. .So, I oppose the amendments. Clause 47 was aded to the && •at. c h a ir m a n : i steaii *»w pitf aiM odneats N*». *U9, 141 and 142 to Clause* 46 f t 98 w*fi added to tM the vote of the Hause. ■ ' :V ' i | 9 Stotottory Res. end BEADRA 1, (SAKA) Delhi Police Bill 250

(Haas* Wrr 0 vty «f police oj??c«r to to come, it is * premature sugges­ enforce provisions of the Act) tion. SHRIMATI PARVATHI KRISH­ SHRIMATI PARVATHI KRISH­ NAN: I beg to move: NAN: Any trade can be declared as essential service. What happens to Page 27, lift* 3,— trade union rights? after “police oflte*r” insert— MR. CHAIRMAN: I shall put “not below , the rank of Assis­ amendment No. 128 to the vote oi

Clause t t —(Causing any obstruction SHRIMATI PARVATHI KRISH­ in a street) NAN; I move my amendment No. 126. I beg to move; MR CHAIRMAN: We take up clause 83. Page 35, lines 40 to 43,— SHRIMATI PARVATHI KRISH­ omit “or not, or use indecent Ian* NAN: I move my amendment No. 171 guage or behave indecently or riot­ Page 34,— ously or in a disorderly manner in a street oar public place or place of pub­ omit lines 42 to 44 (171) lic resort or in any office, police sta­ MR. CHAIRMAN: 1 put amendment tion or station house**. (126) No. 171 to the vote of the House. MR. CHAIRMAN: I shall now put Amendment No, 171 was put and amendment No. 126 to the vote of the negatived. House. MR. CHAIRMAN; The question is: Amendment No. 126 was put and “That clause 83 stand part of tfie negatived* BiU.*' MR. CHAIRMAN: The question is: The motion toas adopted. “That clause 91 stand part of the Clause 83 was added to the Bill. BUI.” Clouse 84 was added to the Bill. The motion was adopted. Clause 85- {Causing obstruction and Clause 91 was added to the BiU. annoyance by performances, etc.) Clauses 92 to 97 were added to the MR. CHAIRMAN: We take up Bill clause 85. Clause 38— Penalty for failure to keep SHRIMATI PARVATHI KRISH­ in confinement cattle, etc.) NAN: I move my amendment No .172 I beg to move; SHRIMATI PARVATHI KRISH­ Page 35 r - NAN: I beg to move:— omit lines 8 and 9. (172) Page 36,— You want to deprive us of civil for lines 30 to 35, substitute—. rights? MR. CHAIRMAN: 1 put amendment “(a) for the first offence with No. 172 to the vote of the House. fine which may extend to fifty rupees; and Amendment No. 172 was put and negatived. (b) for the second or subsequent offence with fine which may extend MR. CHAIRMAN: The question is: to one hundred rupees.** (173) “That clause 85 stand part of the Bill.” Page 37 — The motion teas adopted. for lines IS and 16, substitute— Clause 85 was added to the BiU. “if they are the property of the Clauses 86 to 90 were added to the m u . person convicted erf the offence”. ClMM 91— (Behaving indecently in (174) public.) MR. 6HAXKMAN: I shall now put MR. CHAIRMAN: We take up amendments Not. 173 and 174 to the clause 91. vote of the House. 253 Statutory Res. and BEADRA 1, 1900 (SAKA) Delhi Police Bill 254 Amendments Nos . 173 fl«d 174 were Amendments Nos. 177 and 178 were put and negatived, put and negatived. MR. CHAIRMAN: The question is: MR. CHAIRMAN: The question is: “That clause 98 stand part of the “That clause 110 stand part of the BUI.” Bill." The motion was adopted. The motion was adopted. Clause 93 was added to the BiU. Clause 110 was added to the Bill Clauses 99 to 108 were added to the Clauses 111 to 117 were added to the BUI Bill Clause 18&—(Penalty for disobedience Clause 118 — (Penalty for opposing or to order under section 27.) not complying with direction given SHRIMATI' PARVATHI KRISH­ under clause (b) of sub-section ( 1) of NAN; I beg to move: section 59) Page 39, lines 26 and 27,-— SHRI VAYALAR RAVI; 1 beg to for “three months" substitute “one move: month”. (175) Page 42, line 4,— Page 39, lines 27 and 28,— for “opposes” substitute “refuses”. for “five hundred rupees or with (153) both” substitute “five rupees”. (176) Page 42, line 6,— MR. CHAIRMAN: I shall now put amendments Nos. 175 and 178 to the for “the opposition” substitute “the vote of the House. refusal”. (154) Amendments Nos . 175 and 176 were put Please think for a minute. Clause and negatived. 118 says: “Whoever opposes or fails forthwith to comply with any reason­ MR. CHAIRMAN: The question is: able requisition made by a police offi­ c e r ...... w. But I have a right to go to a “That clause 109 stand part of the court of law and that is also opposition. BUI.” If I file a suit, that is also opposition. The motion was adopted. So, I have suggested that instead of ‘opposes’ the word ‘refuses’ may be in­ Clause 109 was added to the Bill, serted so that I have a right to oppose C lu w l i t — (Penalty for contravening it through legal means. Refusal means regulations, etc., under section 28.) not accepting or refusing in a different form. Hie word ‘opposes* may deny SHRIMATI PARVATHI KRISH­ my right to resort to legal action or NAN: I beg to move: legal method not to comply with that Page 39, line 32,— order. So, in order to preserve the right of the citizens to go to a court of add at the end— law, I request him to accept my amend­ “by a fine which may extend to ment. twenty-five rupees'*. (177) SHRI S. D. PATIL: I am opposing Pages 39 and 40,— the amendment because ‘refuses’ con­ omit lines 33 to 47 and 1 to 7, res­ notes more meaning than ‘opposes’. pectively. (178) Clause 118 says. “Whoever opposes or fails forthwith to comply with any MR. CHAIRMAN: I shall now put reasonable requisition made by a police amendment* No* 177 and 178 to the officer”. Even opposition is made vote of the House. punishable. 255 Statutory Rest, and AUGUST 23, 1978 Delhi PoliceBiU 2$/&

SHRI VAYALAR RAVI: Am I not Clause 120 teas added to the Bill. entitled to go to a court of law and oppose it legally? Clause 161— (Neglect or refusal to serve as special police officer) SHRI s. D. PATIL: Opposition in a SHRI VAYALAR RAVI; I beg to court of law is different. But you want move: to put the word 'refuses'. Page 42,— SHRI VAYALAR RAVI: I want to help you as well as the citizens. You after line 36, insert— will agree that the citizens must have “(2) Such punishment shall auto­ the right to oppose it legally. matically cancel the certificate of Please understand the point. appointment of such a Special Po­ lice Officer/' (159) SHRI S. D. PATIL; The expression The clause only stipulates the punish* "failure*' includes refusal. Therefore, ment. That does not mean he will lose it is «U right. his certificate of appointment, 1 want MR. CHAIRMAN: I put amendment that automatically he must cease to be Nos. 153 and 154 to the House. a Special Police Officer. Once he is convicted, on what moral authority Amendments Nos. 153 and 154 were can he continue? There is no such pro. put and negatived. vision in the Clause. So, I have moved it. Please accept it. MR, CHAIRMAN; The question is: SHRI S. D. PATIL: I accept the “That Clause 118 stand part of the amendment. Bill." MR. CHAIRMAN: The question is: The motion was adopted. Page 42,— Clause 118 was added to the BiU. after line 36, insert— Clause 119—(Penalty for contravening direction* under section 65.) “(2) Such punishment shall auto­ matically cancel the certificate of SHRI VAYALAR RAVI: I beg to appointment of such a Special Po­ move: lice Officer.” (159) Page 42, line 13,— The motion wtut adopted. for “opposes" substitute “refuses". MR. CHAIRMAN: The questioning (155) “That clause 121. as amended, Page 42, line 14,— stand part of the MU.” for “the opposition" substitute “the The motion itm adopted . refusal”. (156) Clause 121, as amended, was added to MR. CHAIRMAN: I put amendment the Bill, Nos. 155 and 156 to the House. Clause 12&—’(Penalty for making falsi Amendments Nos. 155 and 156 were statement , etc., and for misconduct of put and negatived. Police Officers) MR. CHAIRMAN: The question is: SHRI VXYALAR RAVI; I beg tc move: “That Clause 11* stood part of the WU.” Page 43, lines 7 and 8,— The motion was adopted. for “one hundred" substitute— Clause 119 tea* added to the BiU. “five hundred". (160) *57 BHABBA 1 9 0 / 4S4X A ) Delhi fidhi MU 2$&

ym . CHAIRMAN: X put amendment C la w * itti- (Public JM ten he* ta be No. 160 to the House. given.) Amendment No. 160 tras put and SHH2 V2CYALAR RAVI: I beg to negatived. move: MR CHAIRMAN: The question is: Page 46i line 20„— "That clause 122 stand part of the for “Urdu or English*' substitute— Bill.” “Urdu and English". <166) Th« motion was adopted. This clause relates to the procedure for public notices. What I want to empha­ Clause 122 was added to the Bill. size is that Delhi being, the capital of Clauses 123 to 125 were added to the India, many people craning from other Bill States are living here, and they speak different languages. So, I appeal to the Ctiaui) ItS—(Penalty for unauthorised Minister to accept the amendment to use of police uniforms.) make it “and English". SHRI VAYALAR RAVI: My amend­ SHRI S. D. PATIL: I accept it. ment No. 161 Is to deal with those MR. CHAIRMAN: The question is: people who imitate the police officers Page 48, line 20,— and commit dacoity and other crimes. If you do not want it, I will not move for “Urdu or English" substitute — it. “Urdu and English". (163) SHRI S. D. PATIL: I do not want it. The motion was adopted. MR. CHAIRMAN: The question is: MR. CHAIRMAN. The question is: “That clause 142, as amended, stand "That clause 126 stand part of the part of the Biff’. Bill". The motion was adopted. The motion v>as adopted. Clause 126 was added to the Bill Clause 142, as amended , was added to the Bill Clause 127- (Power to make regulations Clauses 143, 144 and- 14S were added regarding carrying weapons xoithout to the Bill. authority.) Clauses 146 and 147 were added to the SHRI VAYALAR RAVI: My amend­ BiU. ment No. 162 seeks to add sticks or lathis. You are referring to sword, CfaMSe 146—(Notification of Rules and spear, bludgeon, gun etc. Lathis and Regulations in the Official Gazette and sticks are also lethal weapons. laying of Rules and Regulations.) SHRI S. D. PATIL: If I accept it, it SHRI VAYALAR RAVI : My amend­ will penalise the agriculturists. 1 do ment No. 1*1 «eeks to add the "Legis­ not' accept i t lative Assembly” after "MWrspotttan Council". It s up to you to acceptitwr MR. CHAIRMAN: The question is: not ‘"mat clause 12? stand pvfraftbe SHRI S. D. PATIL: It is too eariy. BH1” I do not w espt it The motion was adopted. M», CHAIRMAN: T to ^ iM tio r is: Clttvse 12? was edited « t«* Bill. "That Misuse 148'stsad part of the Cltwie*; Hfc-tp to th* Mfe The mvtkm was, adapted. 259 S tatutory Acs. and AUGUST 21. 1978 DtUU PoUet Mtt jfco

Clause * 148 toot added to tfc* Bill. / « law for the time being in fore* in any State." Clauses 149 to 152 were added to the JWU. This should be added. f ln t Schedule SHRIMATI PARVATHI KRISHNAN: SHRIMATI PARVATHI KRISHNAN: Is this an amendment to an amend, I beg to move: ment? Page 52, line 5,— SHRI S. D. PATIL: It is only re­ casting Amendment No. 159 to Clause omit “1. The Press and Registra- 121. tioff of Books Act, 1887.” (129) Page 52, line 7,— SHRIMATI PARVATHI KRISHNAN: It should have been done at that omtt **3. The Indian Lunacy Act, time. The way they are rushing it 1012.” (130) through, I take serious objection to it Page 52, line 10,— At that very time, why could it not be properly examined? It could have omit “6. The Cinematograph Act, been said. “We will re-word it.” 1952." (131) PROF. MADHU DANDAVATE: On Page 52, line 19 — a point of order, Sir. It has been 3n omit “3. The Madras Dramatic Per­ accepted convention that when an formances Act, 1954, as in force in amendment is accepted, in order that Delhi.” (132) the substance should tally with the rest of the portion, there have been a MR. CHAIRMAN: Now, I put Am­ number of cases in which certain con­ endment Nos. 129, 130, 131 and 132 sequential changes had to be made ---- moved by Shrimati Parvathi Krishnan to the vote of the House. SHRIMATI PARVATHI KRISHNAN: We do not want these homilies and Amendments Nos. 129 to 132 were, put lectures. and negatived. PROF. MADHU DANDAVATE: I am MR. CHAIRMAN: The question is: not addressing the lady member; I am “That the First Schedule stand addressing the Chair. I have the full part of the Bill." right. The motion was adopted. There have been precedents in which when an amendment is accepted, in The First Schedule was added to the order that it shpuld suit the context Bill. of the entire text of the Bill, construc­ tional changes are to be made. The The Second Schedule, the third Sche­ mover has also accepted it and it is dule, Clause 1, the Enacting Formula for the acceptance of the House that and The Title were added to the Bill. it has been done. SHRI S. D. PATIL: I move: SHRI VAYALAR RAVI: Before the T hat the Bill, as amended, be passed." third reading, I want to make a sub­ mission..... But while doing so, there is one clarification: SHRIMATI PARVATHI KRISHNAN: Page 13, after line 28, insert— How can it be before the third read- ing? “Provided that no such scrutiny or. certificate shall be required In SHRI VAYALAR. RAVI: This 1* * the case of any performance with very important Bill. Even though w« respect to which a similar certi­ had some reservations to getting the ficate has been granted under any Bill through by sitting late, bocause Statutory Rat. and BHAORA h 1900 (SAKA) D elhi Police B ill 262 w* wanted to cooperate w iththa Gov­ this up, and he should have goo* into ernment and there was the necessity it, he should have sat with his officer*; to pan th® Bill as early as possible, we he should have been in a position to Agreed to th at We pressed lor a divi­ clarify each amendment. There is a sion only to express our dissatisfaction saying, and I would remind the bon. or disapproval of the Ordinance. Members of the House of this, namely; Nothing more. that pearls can never be cast before swine; I repeat that saying. I would* We are very glad that the hon. Min- once again, like to assert that it is hot lster has been good enough to accept just cooperation and all that. Ttfe some or the amendments. The Minis­ Coast Guard Bill and other pieces of ter has been busy with the Constitu­ legislation were rushed through fcw tion Amendment Bill for three days prestige. I am amazed and shocked, and, probably, he had less time to go and I take serious objection to the through the Bill thoroughly. But the manner in which we have been asked, office, the Deprtment, should have today to sit and cooperate. Because been careful to study every amend­ of the Ordinance, it should have been ment that was given. They have to brought much earlier. put all the notes to the Minister. I note with regret that the Minister has SHRI S. D. PATIL: I am very, thaukr not been properly briefed. I say, the fui to all the hon. Members who have Minister must reprimand the officers given utmost cooperation; I also thahk who have not done the home-work and Mrs. Parvathi ‘Krishnan even though not briefed the Minister properly. The I had reason to anger her for., some Minister was busy f^.‘ three Jays with time—because I have not accepted the Constitution Amendment Bill. But some of her amendments. . it is the duty of the office to do the home-work. We find that the officers SHRIMATI PARVATHI KRISHNAN: were so hopeless, callous and indif­ That is most unfair... (Interruptions). ferent to the House—it is an insult to the House—that they can carry the SHRI S. D. PATIL: I once again Members of Parliament for a ride. We thank the hon. Memebrs of this House want that the Ministers should always for lending their support within a very get proper briefting I record my short time. •• • - strong protest. I am glad that the Minister took a lot of pains and, I MR. CHAIRMAN: Mr. Minister.’ mow hope, we will pass the BUI. you have to rescind all this; you have to move a Resolution to rescind this— SHRIMATI PARVATHI KRISHNAN: the amendment that has been adop- I am sorry I do not agree with what Mr. Vayalar Ravi has said. It is some days since we had a discussion on this. SHRI S. D. PATIL: This particular At that time, the specific points were amendment is a consequential one. ft raised and the amendment's were is not something which touches the given. All the amendments would substance of it. When the amendment have been brought to the notice of the has been accepted, it will have to be Minister. Just because one or two framed like this. It is not that we are amendments have been accepted, it making a departure. It is only coa- does not mean that bouquets have to sequential. be thrown. No. Whatever the officers do, they do. On the floor of the MR. CHAIRMAN: Hon. Minister, you House, the Minister is responsible to will have to put it again under the us. It Is he who has to answer; the rules. (Interruptions) Rules are rules. officer* cannot answer. Therefore, I hold the Minister responsible. So SHRI C. K. CHANDRAPPAN,; What many days have gone by since we took Is the business before the'House ndw? ‘ 2$ $ Statutory R**. ond AUGUST2S, »» D«MPoiUte BM

The business if SHRI A. BALA PAJANOR

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