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4043 Constitution [ 13 DEC. 1968 ] (Amdt.) Bill, 1964 4044 the Bill. It Is

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4043 Constitution [ 13 DEC. 1968 ] (Amdt.) Bill, 1964 4044 the Bill. It Is 4043 Constitution [ 13 DEC. 1968 ] (Amdt.) Bill, 1964 4044 the Bill. It is not necessary at all to have such a THE DEPUTY CHAIRMAN : First let him legislation because the framers of the finish. I do not want other Members to get up Constitution had considered all these points when one Member is already on his feet. This immediately after achievement o tendency is growing in the House. independence. At that time things were very normal in the country and all possible aspects SHRI KRISHAN KANT : The hon- of the matter were taken into consideration. Minister is here now; otherwise he would go Lengthy debates were held and after those away. lengthy debates Chapter XVIII of the Constitution was enacted and all these articles, SHRI BHUPESH GUPTA : After five article 352, 359 and 360 were made part of the o'clock let him come. Constitution. SHRI AKBAR ALI KHAN (Andhra With these words, Madam, I oppose the Pradesh) : May I, through you, appeal to Mr. amending Bill introduced by Mr-Bhupesh Bhupesh Gupta ? Yes, it is your right. You are Gupta and hope that the House will throw it in possession, because the person who is to out. reply has been called and you are the person. In view of the difficult situation, about which I am sure you are also exercised, we would like to hear the Education Minister. REFERENCE TO SITUATION IN THE BANARAS HINDU UNIVERSITY SHRI BHUPESH GUPTA : Can I say, Madam, that I am second to none in SHRI KRISHAN KANT (Haryana) : having a statement of the kind__________{In Madam, before the hon. Mr. Bhupesh Gupta terruptions) . Please let me finish. Wait ... replies I would like to bring to the notice of the Education Minister who is here now that this THE LEADER OF THE HOUSE (SHRI House almost unanimously demanded that JAISUKHLAL HATHI) : I agree with Mr. there should be a Committee appointed by the Bhupesh Gupta and we can take up this Visitor to look into the affairs of the Banaras question after five o'clock. I agree, after five Hindu University where things are going from o'clock. bad to worse. About this myself, Mr. Bhargava, Mr. Chandra Shekhar and Mr. Rajnarain, gave {Interruptions) a motion but it was not admitted. Now the House is going to close for two or three days. THE DEPUTY CHAIRMAN : At The situation is getting from bad to worse. five o'clock. Now that the hon. Education Minister is here I demand that a Committee be appointed by the SHRI JAISUKHLAL HATHI : I shall Visitor to go into the affairs of the Banaras request my colleague. He will be here at five Hindu University forthwith otherwise the o'clock. situation will become still bad. Students have stopped studies and there is no control of the THE DEPUTY CHAIRMAN : I think that Vice-Chancellor. We cannot delay any more. the demand of Mr. Bhupesh Gupta is reasonable that he should reply and that the {interruptions) Education Minister be available at five o'clock SHRI BHUPESH GUPTA (Wes1 Bengal) : in our House. After 5 o'clock let him make a statement. Under the rules you cannot do it till 5 o'clock. Today is non-official day and it is meant for non-official busines s THE CONSTITUTION (AMENDMENT)BILL, 1964 SHRI A. G. KULKARNI (Maharashtra) : {To amend articles 352 and 359 and You co-operate with us to request him to insertion of new article 360.4)—contd. appoint the Committee. SHRI BHUPESH GUPTA : Madam, I am {Interruptions) very sorry that when this non-official Bill was being discussed some hon. Members, who SHRI BHUPESH GUPTA : You are were not even present in the House, suddenly taking away the non-official time. jumped up, along with the Education Minister, and demanded that the time from the Private Members 4045 Constitution [ RAJYA SABHA ] (Amdt.) Bill, 1964 4046 [Shri Bhupesh Gupta] Day be taken away SHRI A. G. KULKARNI : What in order that the Edu" cation Minister should Government? make a statement here and now, at once. I think it is not a very good attitude. I am fully SHRI BHUPESH GUPTA : Ricketty with them that the Minister should make a Government, a Government which has no statement, but I would also ask them why it sense of proportion, neither proper back cannot be made at five o'clock. The heavens sight nor foresight............... would not come down. SHRI A. G. KULKARNI : Like the United SHRIMATI SHAKUNTALA PARAN- Front Government. JPYE (Nominated) : It has been decided now. Do not go back to it. SHRI BHUPESH GUPTA : Such is the SHRI BHUPESH GUPTA : I will take a Government on behalf of whom my friend was little time and let me proceed as I like. At speaking. He was undoubtedly put in a that time you did not get up to oppose the predicament to hold the baby of Shri Gulzarilal Congress Members. I consider it to be an Nanda and others, when he was not perhaps in incursion into the rights of the House. I am the Council of Ministers. I share his agony and with you as regards the statement or difficulty in attempting to make out a case when whatever announcement he has to make. no case could be made out. Now, he has made it However, please let me proceed. known. Now, from this side of the House all of us have spoken and given reasons as to why the We have listened to the speech of our emergency powers have to be curbed. I am not friend, the Deputy Minister of Home proposing in my Bill the abolition of the Affairs.... provision of emergency as such. What I have SHRI A. G. KULKARNI : Not Home proposed in this amending Bill are some checks Affairs, but Law. and balances, some safety valves, in order that the emergency powers could not be used in the SHRI BHUPESH GUPTA : I am very authoritarian, undemocratic, dictatorial and sorry, I elevated him to a higher position. tyrannical manner in which they used it during the fateful years of continued emergency since SHRI A. G. KULKARNI : Do not. 1962. The points that we have made have not been answered. The hon. Minister has taken SHRI BHUPESH GUPTA : Anyhow, he pains to read out the Constitution and I am glad is the Deputy Minister of Law. He came to that at least for the first time perhaps he has read answer this and I insisted that Mr. Chavan those provisions of the Constitution. But this we should come .... all know. We need not be reminded of what is SHRI MOHAMMAD YUNUS SA-LEEM contained in the Constitution. We have to be : And he did. told why they should not be changed. SHRI BHUPESH GUPTA : .... SHRI MUHAMMAD YUNUS SA-LEEM : because it relates to the activities of the I have given reasons as to why they should not Home Ministry. As you know, emergency, be changed. is administered under the leadership of the Home Minister. I was sorry that Members SHRI BHUPESH GUPTA : You have tried opposite did not voice their support that to say something. You have tried to say it should be so. Never I objected to his something as to why they should not be speaking. In fact, I welcome it. He spoke. I have no quarrel with that. Mr. Chavan changed, but you could not say anything more came, sat a while and he was good enough than what the Constitution has already said, to ask me whether he could leave. I said, beyond what the words of this article already democracy is on the way out and he could say. We expected from the hon. Minister some ust as well leave. I indicated to him that arguments reasoning to meet the arguments put he can go. Such is ihe position. Now forward by the votaries of the change and that Let me ........... is exactly what he has not done. SHRIMATI SHAKUNTALA PARAN- IPYE : You are the boss. One speaker from the other side was Mr. Parthasarathy. Well, he spoke with some SHRI BHUPESH GUPTA : Now, measure of gusto. I do not know whether it was let me deal with the proposition. My friend, matched by ["conviction^ but he had to speak who was intervening on behalf of the and he spoke. He Government, ricketty Government, mo rally bankrupt Government ................ 4047 Conxion [13 DEC. 1968] (A-0 «• "64 4048 learn anything. What is surprising is they are immediately started his speech by attri- not even in a mood, manifest or visible buting motives to me or motives to the party to mood, of learning anything. That is the which I belong. He said that the communist tragedy of the Congress Party and the party wanted democracy to be finished, Government. and hence they sponsored a measure of this kind. Nothing could be a more nonsensical Madam Deputy Chairman, it is not a question statement that the one that he made when he of our not being concerned about the security spoke on this Bill. I say this because during of the country. All of us are concerned about the period of emergency Fundamental Rights the security of the country. Was not Mr. Jaya have been affected and complaints have been Prakash Narayan concerned about the security made by every single man outoide the Govern- of the country? Was not Mr. Setalvad ment, men of eminence, whose words concerned about the security of the country? matter in our public life. Mr. Setalvad had Were not the High Court Judges who spoke spoken very strongly against it.
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