859 Proclamation by President in [RAJYA SABHA] an J dismissal of UF Ministr 860 relation to Haryana in W. Bengal

SHRI LOKANATH MISRA : Now, it is a RESOLUTION RE THE PROCLAMA- challenge to us and we will have to supply TION BY THE PRESIDENT OF INDIA facts to the House. IN RELATION TO HARYANA AND MOTION RE DISMISSAL OF THE UNITED FRONT MINISTRY IN WEST BENGAL—contd.

THE DEPUTY CHAIRMAN : The Home Minister has made a categorical statement. We cannot have anything more than that Next item, Mr. Raj-narain. Please finish your yesterday's speech.

THE DEPUTY CHAIRMAN : You THE DEPUTY CHAIRMAN : I would must finish in five or six minutes'. 3^ appeal to you not to interrupt. Let him go on.

861Proclamation by President in [23 NOV. 1967] anj dismissal of UF Ministry862 relation to Haryana in W. Bengal

THE MINISTER OF HOME AFFAIRS (SHRI Y. B. CHAVAN) : May I intervene for a minute ? You are saying that we are giving this power to the Governor or the President. It is not a question of our giving powers. It is really speaking the Constitution that has given. The discretionary powers which are given to the Governors are given under the Constitution. 863 Proclamation by President in [RAJYA SABHA] and dismissal of UF Ministry 864 relation to Haryana tn W. Bengal

"In India as in England the executive bas to Position of Governor : discretionary act subject to the control ol the powers referred to in art. 163 : Legislature; but in what way is this control exercised by the Legislature Similar questions arise as regards the ? Under art. 53(1) of our Constitution the Governors of the States and in one respect executive power of the Union is vested in they are emphasized by the discretionary the President, but under art. 75 there is to be power mentioned in art. 163. The provisions a Council of Ministers with the Prime of the Constitution which expressly require Minister at the head to aid and advise the ths Governor to exercise his powers in his President in the exercise of his functions. discretion are contained in art. 293(2) and The President has thus been made a Sch. VI, para. 18. On examination it is clear formal or constitutional head of the that these articles are not real exceptions to executive and the real executive powers the general position that a Governor must act are vested in the Ministers or the Cabinet. on the advice of his Ministers. Under art. The same provisions obtain in regard to 239(2) the Governor acts as the agent of the the Government of the States ; the President and therefore is not acting within Governor or the Rajpra-mukh, as the case the ordinary framework of the Government may be, occupies the position of the head of of which he is the chief executive. The same the executive in the State but it is virtually reasoning applies to Sch. VI, para. 18, which the Council of Ministers in each State makes him an agent of the President. But that carries on the executive Government. though other provisions of the Constitution In Indian Constitution therefore we have do not expressly provide that the Governor the same system of parliamentary is to exercise certain powers in executive as in England and the his.discrstion, there are at least two Council of Ministers consisting as it does of provisions of the Constitution . . . the members of the Legislature is like the British Cabinet 'a hyphen which joins* a buckle which fastens the legislative part of the State to the executive part'."

THE DEPUTY CHAIRMAN : You have taken so much time. You could have . . .

865 Proclamation by President in [23 NOV. 1967] and dismissal of UF Ministry 866 relation to Haryana in W. Bengal

THE DEPUTY CHAIRMAN : I think Members must be able to put their points in half an hour. You have taken nearly 45 minutes. You must finish il.

THE DEPUTY CHAIRMAN : Mr. Dharia. Please take 15 minutes. There are many, many hon. Members who want to participate. SHRI M. M. DHARIA (Maharashtra): Madam Deputy Chairman, at the very outset, I would like to say that I am 867 Proclamation by President in [RAJYA SABHA] and dismissal of UF Ministry868 relation to Haryana W. Bengal

[Shri M. M. Dharia.] ing undue advantage of the powers which they not happy with the situation that exists either feel that the Chief Minister has. They do not in West Bengal or Haryana or Punjab. The last want to create democratic traditions, but they General Elections had given a golden want to murder democracy itself. The reasons opportunity to the Opposition parties to show that were advanced are really interesting and to the Indian people that they are superior to, humourous. The procurement business was and better than, the Congress Party, that they there. Yesterday I asked what that can fulfil the aspirations of the people and that procurement was. Madam, it is not the they can represent the people in the Assembly procurement of paddy; they wanted to have as the Government. Unfortunately, when we some political procurement, procurement of look at these last eight or nine months, it is members within six weeks. That is why they clear and beyond doubt that the tall claims of wanted time till the 18th December... the Opposition parties have just been shattered (Interruptions) It is not I to be blamed. to pieces through their own actions. When we Let us examine ourselves. I am not here to look at West Bengal or Haryana and their appreciate anything which has gone wrong. political situation, we feel sad. I would like to My friends are well aware of it. I do feel that, bring to the notice of this House that had the Chief Minister taken the suggestion of Governors, as rightly described by my friend, the Governor, there would not have been the Mr. Rajnarain, work there in three capacities. problem that we are seeing today. We are not A Governor acts as the executive head ; while interested in that problem. But unfortunately, functioning he works there on the advice of the Chief Minister is not prepared to go the Chief Minister and he has also to use his according to the desires of the people. In discretionary powers and at the same time, he democracy, what is material? Is it not the cannot forget that he is the agent of the sanction of the people which is material in President. What happened in West Bengal and democracy ? And that sanction of the people what happened in Haryana ? I recall the is represented by the elected representatives of speeches of the Opposition leaders that were the people. But instead of utilising that delivered on the floor of this House. If I were sanction, unfortunately, the Opposition parties to go through their whole speeches, perhaps it are going the wrong way; they are going would not have been .possible for me to have against their own arguments that were my own speech through these fifteen minutes. advanced at the time of Madhya Pradesh and But these very speeches can clearly show that Rajasthan affairs. at that time they were demanding that the Governor should be advised so that the So, Madam, I feel that here is the time. meeting of the Assembly there could be How should the Governor act? If the advanced. And the very leaders who were then Governors are not to act by utilising their insisting for an early summoning of the discretion, of course judiciously, in the meeting of the Assemblies, the very interests of this country, is it not a fact that the Opposition leaders today are going against integrity' of this country will be in danger ? their own criticism. Why ? Here in West What the Governor of West Bengal has done Bengal, it was the desire of the people that, is, he has not only maintained the spirit of well, if there is no faith in him, if the Chief democracy but at tbe same time he is trying to Minister has lost that faith of the majority maintain the integrity of the country as well. members in the Assembly, he can convene the There are elements in this country which are meeting of the Assembly as early as possible. not necessarily here to protect the interests of He could have faced the Assembly. But they democracy and when I make this statement, I are not interested in democratic traditions and would like to make it very clear that I am in creating good traditions. But they axe tak- making it with full responsibility. May I draw the attention of this House to the Amrita Bazar 869 Proclamation by President in [23 NOV. 1967] and dismissal of UF Ministry 870 relation to Haryana in W. Bengal

Patrika of October 4, 1967 ? It is and protect the interests of this country, the said : freedom of this country. He cannot be a silent spectator. If these Communist (Marxist) "CM's decision to resign irrevocable. friends want to take undue advantage of these six weeks, having regard to their relationship 'I will not allow Vietnam here'. with China and Pakistan, for murdering democracy through violent means, should that "Although the Chief Minister, Mr. AJoy time be given ? Madam, the point is . . . Kumar Mukherjee agreed to meet his CPI (M) Cabinet colleagues for letting them SHRI BHUPESH GUPTA : Mr. Dharia, know his grievances against their Party, he here we are not discussing extraneous matters refused to change his decision to resign as but whether the Governor had power to the head of the United Front Ministry in dissolve the Ministry on the ground that some West Bengal. people have said that they defected from the United Front. That is the issue. Our "This was what reportedly transpired at contention is that he had no powers the five-hour long meeting of the extended whatsoever. The Governor had never such PTJLF that included representatives of powers. He has dissolved the Ministry under PSP, SSP and LSS in Calcutta on Tuesday. whatever it is to cover up what he has been saying. Therefore, Mr. Dharia, you are a "Reiterating his stand, the Chief Minister laudable person but sometimes you are very was said to have remarked: 'You may well irrelevant. look for another Chief Minister. I can't allow West Bengal to become another Vietnam'. SHRI AKBAR ALI KHAN (Andhra Pradesh) : On account of certain violent "When the meeting ended at midnight, speeches. He said that. the Chief Minister just curtly said : 'We have discussed'. The other participants of SHRI BHUPESH GUPTA : No, no. the meeting also chose to remain tight- lipped like him. SHRI M. M. DHARIA : My point is very clear when I am making all these statements. "It was learnt that the Chief Minister The other side yesterday insisted that some brought a series of allegations against a time was required for procurement. And I section of the CPI(M) charging it with want to bring to the notice of this House that having unholy liaison with China and the time required is not for paddy procure- Pakistan and creating chaos through ment, it was for political procurement, it was violence for suiting its own interest. for the procurement of members on the one side and it was for creating conditions of "At one stage, the Chief Minister violence within these six weeks, and this is reportedly refused to have any truck with the reason why they are demanding this very the CPI(M)." much time. They are taking undue advantage It is not only in the Amrita Bazar Patrika... of Mr. AJoy Mukherjee who is a thorough gentleman and under the garb of democracy, (Interruptions.) If I may refer to the Times of they want to murder democracy. That is the India... main reason. SHRI BHUPESH GUPTA (West Bengal) : We are discussing the Governor's power, not SHRI BHUPESH GUPTA : Suppose we as this. a party want to bring you back to our party. What is wrong there ? As prodigal son, SHRI M. M. DHARI A : I am coming to it. suppose we want to get you back here, what is If it is inconvenient to you, I am helpless. But wrong there ? the Governor who is sitting there also has to maintain 871Proclamation by President in [RAJYA SABHA J i and dismissal of UF Ministry 872 relation to Haryana in W. Bengal

THE DEPUTY -CHAIRMAN : Please take this violence is coming out of a plan and this your seat. plan would have materialised if these people had been given this opportunity to convene SHRI M. M. DHARIA : Madarn, the cat is the Assembly in December . . . out of the bag. So it is not for paddy procurement but for political procurement they wanted six weeks. (Interruptions.) SHRI BHUPESH GUPTA : Madam, I Madam, I should have additional time in lieu protest. The people there should not be called of these interruptions. hooligans. Honourable, patriotic people are being called hooligans. The people there are So far as the Governor's position is in revolt... concerned, it is quite clear that he requested the Chief Minister and his other colleagues to SHRI M. M. DHARIA : ... It is not the summon an early meeting of the Assembly. Congress side who are the butchers, as he They did not do that. When the Governor is said. On the other hand they are not only aware that the Chief Minister is not having that butchers but much more... majority, how is he supposed to function SHRI BHUPESH GUPTA : ... And I hope because when the Assembly or Parliament is they will be more in revolt. They are not not in session, the Governor is supposed to hooligans. I would not like the people to be sign ordinances and notifications ? When the called hooligans. The entire people of Calcutta Governor is aware that the majority js not with are protesting. Are they hooligans ? . . . the Chief Minister, how can you expect him to sign these notifications and ordinances? SHRI M. M. DHARIA : ... Would not Mr. Naturally, in such a case the Governor has to Bhupesh Gupta have some courtesy ? I am on use his discretion. This is my submission, my legs. Madam. The Governor is bound by the advice of the Chief Minister provided the latter enjoys SHRI BHUPESH GUPTA: . . . You can say the majority support. When the Chief Minister whatever you like . . . is either a defeated Chief Minister or when SHRI M. M. DHARIA : I did not object to there is no doubt that he does not have the what you said. backing of the majority, the Chief Minister, Madam, is no more the Chief Minister; he has SHRI BHUPESH GUPTA :... It is not no right to be there as Chief Minister. And as hooliganism. It is patriotism. It is a revolt. Mr. C. B. Gupta did in U. P.—whatever may be the other allegations—no sooner did he SHRI M. M. DHARIA : I am coming to realise that he had no majority behind him than that. Madam, Mr. Bhupesh Gupta made a very brilliant speech yesterday from his point of he went to the Governor and tendered his view. He exhausted all his vocabulary in resignation. accusing the Central Government, saying that SHRI BHUPESH GUPTA : He lost in the they have committed murder, butchery, this Assembly by a vote. and that. On the other hand, Madam, these are SHRI M. M. DHARIA : Similarly, Mr. the people who have no faith in democracy, Gurnam Singh, when he came to know that people who committed murders. Yesterday the majority was not with him, tendered his the history of Bengal was told to us that they resignation. In West Bengal had the Chief started this struggle for democracy. We are all Minister agreed to convene a meeting of the aware of the history of Bengal. We are all Assembly earlier this situation would not proud of Netaji Subhas Chandra Bose. But have arisen. Now the Assembly is meeting on what did these Communists say about him in the 29th November. 1942 ? He was called traitor by them. Now what right have you to call yourself patriotic ? Madam, we know what is happening today Is it not a fact that the Communist Party called in Calcutta. This hooliganism, Subhas Chandra Bose a traitor? 873 Proclamation by President in [23 NOV. 1967] and dismissal of UF Ministry 874 relation to Haryana in W. Bengal

One who sacrificed his whole life for the SHRI BHUPESH GUPTA : He is a sake of his country you call him a traitor. He young Turk. is a traitor according to you. SHRI CHANDRA SHEKHAR (Uttar SHRI BHUPESH GUPTA : And you Pradesh) : Here is an old Greek. invited Lord Mountbatten. (Interruptions.) Who went to Lord Mountbatten carried away by the sight of Lady Mountbatten ? Who was SHRI M. M. DHARIA : Madam, through carried away by the sight of Lady you I would like to make it clear, because the Mountbatten ? Who partitioned the country ? Central Government has now stood by the side of the Governor, that these people are THE DEPUTY CHAIRMAN : Now let making all sorts of accusations against the him finish. leaders of our Central Cabinet and the Central Government. I would like to make it clear that SHRI M. M. DHARIA : These people are by standing by the Governor, the leaders of objecting because I am speaking the truth. our Cabinet have taken a bold decision. They What can I do ? I am helpless. are standing a risk. They are standing a risk so that the integrity and democracy and the SHRI BHUPESH GUPTA : Your bunch of freedom of this country should be preserved. Congress leaders licked the feet of Lord Therefore, I stand by these leaders. Through Mountbatten, if you come to that. you, Madam, I would like to appeal to the brave people of Bengal not to be misguided SHRI M. M. DHARIA : Madam, yesterday by these Front people who are doing no and even today these people have been service for democracy. speaking of democracy being started first in Bengal. Yes, they started it first, but not by (Time bell rings) supporting you people. They started it first by joining the rallies organised by the Congress Parties and not by supporting you people. They started the struggle for democracy Similarly, in the case of Haryana, Madam, under the banner of the Congress Party. I would say only two words. What has happened there ? The Members themselves are auctioneering, and if the Members Madam, in this country, not only auctioneer themselves, how can dignity and democracy, but its whole integrity and decorum and democracy be maintained ? freedom itself is in danger. Those parties are Under these circumstances if some firm having their associations with Pakistan and action is taken by the Governor he has done China. Now they are crying because the the very thing which is required to maintain Governor, by judiciously exercising his the freedom of this country. Therefore, discretion, deprived them of that Madam, with due respect to the brilliant advantage... speeches of my old friends which, if they go through the record of their own speeches that SHRI BHUPESH GUPTA : C. I. A. they had made at the time of Madhya Pradesh men are in your Government. and Rajasthan, they would find them to be contradictory, they will realise that thfty are going beyond their own speeches made then. SHRl M. M. DHARIA : I am standing here Thank you very much. to condemn the activities of the C. I. A. At the same time I condemn the activities of such Communists who have their SHRl BHUPESH GUPTA : At least two associations with Communist countries . . ladies are applauding after hearing your . speech. 875 Proclamation by President in [RAJYA SABHA] and dismissal of UF Ministry 876 relation to Haryana in W. Bengal

SHRI M. M. DHARIA : Why Mr. Bhupesh Gupta is so jealous I do not know.

if you are not the principal accused in this, you are not less than an accomplice in this.

877Proclamation by President in [23 NOV. 1967] and dismissal of UF Ministry 878 relation to Haryana in W. Bengal

THE DEPUTY CHAIRMAN : I think you should listen to him, Mr. Shukla.

879 Proclamation by President in [RAJYA SABHA] ani dismissal of UF Ministry 880 relation to Haryana w. Bengal

"On October 31, Sri Gaya Lal came back to the Samyukta Dal and was appointed as a Parliamentary Secretary on November 1. Sri Randhir Singh, one of the four Jana Sangh MLAs who had defected earlier to the Congress, rejoined the Jana Sangh and the ruling party. It was at this stage that I suggested to the Chief Minister that he might convene an early meeting of the Assembly for a trial of strength. He, however, felt that the trial of strength should come after the by-election due on December 30, 1967. As this was a reason- able proposition, I did not press my point".

in their own way as it is convenient to them.

SHRI BHUPESH GUPTA : Do you naean the kitchen Cabinet?

SHRI MUKHTIAR SINGH: Yes

881 Proclamation by President in [23 NOV. 1967] and dismissal of UF Ministry 882 relation to Haryana in W. Bengal

883 Proclamation by President in [RAJYA SABHA]and dismissal of UF Ministry 884 relation to Haryana in W. Bengal

885 Proclamation by President in [23 NOV. 1967] and dismissal of UF Ministry 886 relation to Haryana in W. Bengal

887Proclamation by President in [RAJYA SABHA] and dismissal of UF Ministry 888 relation to Haryana in W. Bengal

THE DEPUTY CHAIRMAN : Now you have taken half an hour. Please finish.

889 Prodcmatkn by President in [23 NOV. 1967] and dismissal of UF Ministry 890 relation to Haryana in W. Bengal

SHRI KRISHAN KANT (Haryana) : Madam not just an exercise in counting heads. It Deputy Chairman, I think it would have been involves a measure of respect for certain better if we could have discussed Haryana principles, convictions and codes of and Bengal separately, because the problems conduct. All these have been violated most and approaches have been different. In one flagrantly in Haryana. The manner in which place there has been a qualitative change defectors were sworn in as Ministers and going up to a quantitative change. There then defected again had brought the whole is the social dialectics working in both the concept of democratic government into States but in a separate manner. There in ridicule." Bengal quantitative change is giving shape to qualitative change. So it would have been The 'Statesman' has this to say : better if we could have discussed them "No tears are likely to be shed except separately and not in the form of party perhaps by Rao Birendra Singh over the factions. The second thing which is imposition of the President's rule in important to see today in the country is the Haryana, for the decision has not come a evolution of the party system. We are day too soon. On the contrary, a case can be passing through a transitional stage. Instead made out that in the face of highly of criticising each other or shouting at unsavoury happenings in Haryana, which each other, it would have been better if we had were damaging the constitutional process set out and seen the problems of today in the far more than comparable developments in form in which they should be seen so that our any other State, the Centre and the State Constitution and democracy could function Governor had been displaying inexplicable properly Chaudhuri Mukhtiar Singh is one of reticence." the top gentlemen of Haryana, and though he belonged to the State of Haryana I think The 'Indian Express' starts the editorial you noticed that he started with West giving it the heading "The Only Course" and Bengal and later only he came to Haryana then develops the farce ol parliamentary because, in his heart of hearts, he was feeling democracy and political adventurism there and that what had been done in Haryana was very then says that if the President had not acted on good, and he was happy about it. that day, further inaction would have been inexcusable. It then says that the action taken SHRI B. D. KHOBARAGADE would have a wholesome effect on other (Maharashtra): What kind of interpretation States. you are putting on his speech? I would like to say that what the Governor of Haryana and the President of India have (Interruptions.) done has been just in response to the popular feeling in that State. Our friend, Chaudhuri SHRI KRISHAN KANT : There has been Mukhtiar Singh had, a month and a half back, popular welcome to the action taken by the said that there should be mid-term elections in Governor and approved by the President in Haryana. His party chief, Shri Balraj Madhok, relation to Haryana. The editorials appearing made a statement that he would not be sorry if in the various newspapers are a good guide President's rule was imposed in Haryana even to what has happened. The 'Times of India' before calling the Assembly session. writing yesterday says : SHRI MUKHTIAR SINGH : When did he '•The Union Government's decision to say it ? impose President's rule in Haryana was long overdue. The dismissed Ministry SHRI KRISHAN KANT : About ten days may have still commanded a bare majority back. If he does not know the mind of his own of one or two votes in the legislature. chief, what can I c'o* But democracy is (.Interruptions.) 891Proclamation by President in [RAJYA SABHA] and dismissal of UP Ministry 892 relation to Haryana in W. Bengal

[Shri Krishna Kant.] said in the morning, he changed in the Here is a statement in the 'Statesman', evening. And they told the Minister, dated 20th November 1967 by Mr. M. L. therefore, "We will give your statement to the Sondhi: press or to the news agencies only if you give on an affidavit what you are saying now". "Mr. M. L. Sondhi, Jana Sangh M. P. from Delhi demanded the imposition of SHRI A. D. MANI (Madhya Pradesh): If President's rule in Haryana in a statement the journalists wanted an affidavit to issued after a visit to some places in accompany his statement, it reveals Haryana. Mr. Sondhi deplored the political something interesting. It implies that the instability in the State. Law and order was Minister must have been unreliable and in a bad shape and Left Communists were worthless. taking political advantage of the situation." SHRI KRISHAN KANT: Sure, sure. All I This is what Mr. Sondhi says. want to say is this. The Governor had very SHRI BHUPESH GUPTA : Left valid ground to suspend the working of the Communists are scape-goats everywhere. Assembly there, because the functioning of the administration had completely ceased; SHRI KRISHAN KANT : Now the S.S.P., there was no functioning in the Secretariat. I two months back, demanded President's rule will give you a few examples how the in Haryana. (Interruptions.) You ask Mr. administration in Haryana was being run. Rajnarain. Now education is the most important subject Then the Ministers in the Government of for the development of children in any State. Haryana were themselves fed up with political Mr. Hardwa-rilal, the ex-Education Minister horse-trading that was going on, it seems, of Haryana . . . because Rao Birendra Singh himself demanded mid-term elections. Not only that. SHRI A. P. CHATTERJEE (West Bengal) One of the Ministers, Mr. Multan Singh, the : You will at this rate end up by quoting Mr. Minister of Jails, has been reported like this in Mao Tse-tung, it appears. the 'Hindustan Times', dated 4th November 1967. "The Minister of Jails suggested SHRI KRISHAN KANT : Yes, otherwise suspension of the State Assembly and how would you be convinced ? Mr. Hardwarilal, the ex-Education Minister of promulgation of President's rule if the current Haryana upgraded a girls' primary school in phase to defections did not end soon." What village Bahal in the district of Hissar to a does it mean ? Only we have not obliged him middle school, but then, after fifteen days, the by suspending the Assembly. But the order was reversed. You can understand why. Government has dissolved the Assembly so Again in another village Neolikalan a primary that more horse-trading in politics may not go school was upgraded, but subsequently it was on. reversed. Now our friend, Professor Sher SHRI BANKA BEHARY DAS Singh, is there, and he knows it. In village (Orissa) : Money is saved. Mallikpur under Jhajhar tehsil a middle school was sanctioned. But after five days the whole' SHRI KRISHAN KANT : Yes, on both thing was shifted to another village lock, stock sides. and barrel. You can thus understand how the Then, one Minister, Shri Daulta, has been administration was functioning. making statements so many times that President's rule must be imposed in Haryana. SHRI BANKA BEHARY DAS : This has But we have seen so much about that happened in Orissa under Mr. Biju Patnaik. Minister that the journalists in Chandigarh I can give .you instances. refused to take his statement, and it was because what he 893Proclamation by President in [23 NOV. 1967 ] an i dismissal of UF Ministry 894 i elation to Haryana in W. Bengal

SHRI KRISHAN KANT : Now in THE DEPUTY CHAIRMAN : How a another village Bahal an allopathic hospital Minister is formed or a Ministry is formed ? had been working for the las* ten or fifteen What do you say ? years.

SHRI A. P. CHATTERJEE : Madam SHRl KRISHAN KANT : One M.L.A. meets Deputy Chairman, he started with dialectics the Chief Minister and teUs him, "I would like and I do not know how he will end up. to join your Ministry". The Chief Minister does not know what was happening in the man's mind SHRI KRISHAN KANT : Dialectics does and so he sends two people to talk to him and not work in a vacuum. It has a bearing on find out whether he was really sincere to the social conditions obtaining in a place. It join him. They went and talked to the man has to do with administration. The whole and he assures them that he would join the Rao society moves dialectically. Why do you Ministry. Rao Birendra Singh meets him forget it? that evening and takes him in his car Io Chandigarh. There the man tells the Chief As I was saying, in village Bahal an Minister, "You make me a Parliamentary allopathic dispensary was working for the Secretary. That will do". Later on he last ten or fifteen years but then suddenly it says, "You make me a Deputy Minister. was shifted from there a.id on an A Parliamentary Secretary's post is too experimental basis an Ayurvedic dispensary small a post". And later still, before going to was put up there. Some of the Ministers told sleep he says, "Make me a full Minister of me that all that they did in the last nine State". This was agreed to. But in the months was transferring and re-transferring morning the man gets up and says, "Unless you people. Some of the officials were make me a full fledged Cabinet Minister, I transferred six to eight times in the last nine will go away." And so he was made a months. You can thus appreciate what the Cabinet Minister. This is how things state of administration in Haryana was. Was happened there. (Interruptions.) And then, there not a breakdown of administration in after five days he goes back because others Haryana? Therefore, there has been a break told him, "You come away. We will make you down of the administration in Haryana. I a Deputy Chief Minister". There is the case would like to say that the Constitution never of Gaya Ram and Aya Ram. The Chief Minister breaks. It is the political working of the tells the man, "I will make you a Constitution that can break and in this situa- Parliamentary Secretary". But he says, "Unless tion in Haryana we can see that there was a you give me a car I will not join you". There breakdown of the working of the was difficulty in getting cars. But all the same Constitution. privately a car was bought and given to him. In the evening there was a party to which the Now let me tell you something &bout the Chief Minister went. There also Aya Ram formation of the Ministries. The House came and everyone there said, "There comes should know how the Ministers were Aya Ram and he may be Gaya Ram". All the appointed. They were coming and going. time the man was sitting in the corner. This How can any Mi listry function properly is how the Ministry was functioning. How can when the Ministers were coming and going anyone say that the Ministry had the confidence in and out of the Ministry ? It cannot of the Majority? How can Shri Mukhtiar function. I will tell you how a Minister was Singh say that the Government of India should formed. not have taken the action it has taken in AN HON. MEMBER : How a Minister Haryana? Does he think that democracy can was formed? work in this manner ? Democracy means that the SHRI KRISHAN KANT : I shall tell you how it is done. 7— 63; R. Sabha/67 895 Proclamation by President in] [RAJYA SABHA] and dismissal of UF Ministr896 relation to Haryana in W. Bengal

[Shri Krishan Kant.] Assembly and the SHRI KRISHAN KANT : That is the Ministry represent the will of the people. The atmosphere and that is how the social life, or Ministry should have the confidence of the rather society there Las been affected. Even majority of the Members and it should children have come to know it. One teacher represent the will of the people. How can told me this experience of his. He was such a Ministry represent the people? teaching come lesson to the class, may be the Constitutionally the legislature had failed to fourth or fifth class and he asked the students function. It has failed to represent the will of this question: the people. Now morally what is the position in

Haryana ? I will give you a few instances to show how the people felt about it all. I will That is to say, "Which animal changes its just give you a few instances to show what complexion ?" And then one student stood up was the moral stature of the Ministers and and said, "Masterji, may I tell you ?" the legislators there. One person was standing en the Ambala-Chandigarh road at 7 •n the evening when there were no buses This was the moral stature to which we had going that way. He had to go to Chandigarh. gone down in Haryana. There has been a A truck came that way end the man asked constitutional breakdown and there was ajlso a the driver. "Will you kindly take me to moral breakdown. In such a state of affairs, Chandigarh ?" The man is told by the driver, can the Government of Haryana be allowed to "You please don't go to Chandigarh. They continue ? Can the President of India be will make you a Minister". blamed for dissolving the State Assembly and {Interruptions.) for clamping President's Rule there? If that has SHRI BANKA BEHARY DAS : That is been done, what is wrong in that action ? I why we are not going there. think they are not murderers of democracy. Rather they are the saviours of democracy SHRI KRISHAN KANT : Now, as you all because democracy has to function in the pro- know, Bhiwani is on the border of Rajasthan. per manner and I think even the hon. Members It is all desert area and camels are used by of the Opposition, in their heart of hearts are the villagers to transport firewood. One happy that this has been done. evening a shopkeeper there wanted to buy firewood brought by a man on camel and he AN HON. MEMBER : How do you know ? said, "I will give you Rs. Z for this much of firewood". The man agreed and the SHRI KRISHAN KANT : Now that the . . . shopkeeper told him, "I will take the firewood in the morring. I hope in the THE DEPUTY CHAIRMAN : Now you morning if somebody comes and offers you should wind up, Mr. Krishari Kant. Rs. 25 you will not give it to him". The SHRI BHUPESH GUPTA : We appreciate villager replied, "No, certdnly not. I am not his speech. an M.L.A.". (Interruptions.) SHRI KRISHAN KANT : My hon. friend SHRI BHUPESH GUPTA : What Chaudhury Mukhtiar Singh referred to some about the camel ? other matters. I wish he had not done so. I SHRI KRISHAN KANT : That shows the know there have teen defections. I also know general atmosphere there. that such defections are deplorable. But SHRI BANKA BEHARY DAS : he Haryana bulls are famous in India and we have imported Haryana buils to our State. 897 Proclamation by President in [23 NOV. 1967 ] ami dismissal of UF Ministry 898 relation to Haryana in W. Bengal teferred to Shri Asoka Mehta ar.d there think SHRI NIREN GHOSH (West Bengal): he was not right. I say if Shri Asoka Mehta Madam Deputy Chairman, I rise to oppose the changed it was not for office. (Interruptions.) motion of Mr. V. C. Shukla ar.d in support of Just one minute. I shall tell you why. the motion of Mr. Bnupesh Gupta. History has taken the gravest possible turn since 1947 and SHRI BHUPESH GUPTA : We all Know these jokes won't break the ice that is gathering why he went. on the shores of India. Whispers are heard in SHRI KRISHAN KANT : We know Shri the lobbies from the Congress M.Ps, Asoka Mehta had his thesis for the purpose of themselves. One »ays that the Union bringing up a backward ectnomy. For years he Government has started the process of has been discussing it politically and disintegration of India. otherwise and they all came to the conclusion SHRI A. D. MANI : Who said that? that at this time for the advancement of tbe a onomy it was necessary to join the SHRI NIREN GHOSH : Why should I name Government. Here I may tell you that Winston them ? Churchill was once a Liberal and he became a Conservative later. SHRI A. P. CHATTERJEE : Madam, as long as he was funny we were enjoying his SHRI NIREN GHOSH : They are C-jngress speech. But now he is becoming serious and M.Ps. Another says, ''We are heading towards so will you kindly stop him ? disaster". Yet another says that the Central Government is leading the country towards SHRl KRISHAN KANT : So the problem chaos. These are the remarks and comments arises only when the qualitative change from the Congress M.Ps, themselves. becomes quantitative and when that happens we should sit up ar.d think. SHRI AKBAR ALI KHAN : No. THE DEPUTY CHAIRMAN : Please take SOME HON. MEMBERS : Question. your seat. That will do. SHRI NIREN GHOSH : This is the gravity of SHRI KRISHAN KANT : Madam, I the situation that has overtaken us. First I would conclude by saying that I support the come to Haryana. It has been painted that the pvrmulgation of President's Rule in Hsiyana Haryana people are devils or their and I support the Government and I representatives are devils, are opportunists and congratulate the Home Minister on the action so the Constitution should be given the go-by. he has taken. The Ministry still commanding the majority 4 p.M. should be thrown out and President's rule AN. HON. MEMBER : H<= has not should be proclaimed. I only want to say that if opposed the motion of Mr. Bhupesh Gupta. Haryana is a hell, if the poople of Haryana are devils then it is those devils who will rule in SHRI BANKA BEHARY DAS : He has that hell and not you, sitting here in Delhi, supported the Government action in Haryana foreigners to Haryana. That was how the and he has also supported Mr. Bhupesh Britishers used to speak. They used to say : Gupta's motion regarding Wtst Bengal. "You, Indians, cannot govern. You do not know how to run a parliamentary democracy. Therefore it is our white man's burden to govern India". That way you cannot do today. Today if it is a hell, it is the devils who will rule there. SHRI KRISHAN KANT : And I cpyose You have thrown Mr. Bhupesh Gupta's motion. 899 Proclamation by President in [ RAJYA SABHA ] and dismissal of UP Ministry 900 relation to Haryana in W. Bengal

[Shri Niren Ghosh.] aside the fire and then installed his dictatorship but you, Constitution. In the letter of the Governor the wooden-headed Gods ol New Delhi there is not a single sentence wherein it has have not that much of cleverness even. been stated that the Government cannot be You have thrown, aside the Constitution. Why carried on in accordance with the ? For what reason ? There should be some Constitution and the Ministry was still reason and basis for that. And since you wiH commanding a majority. But the never tell that, let me tell you for your benefit. Constitution was trampled under foot and a What is that reason? After the assumption sort of foreigners' rule set up, because you of power you have chosen a path of are a foreign element in Haryana; if you development through the so-called Five Year mean anything of State Government and Plans in alliance with the imperialists, the State autonomy then it is for the State enemies of India. You have protected foreign people of Haryana to govern themselves in capital, installed them in strategic hell or heaven, whatever they think At. But positions and brought our industry to ruin. since you have rtone an unconstitutional act The country will never get out of this I think it is the sacred right of the Haryana economic crisis. It is in a blind alley. It people to defy you, to rise in defence of the can only march from crisis to crisis if this Constitution because you have thrown aside framework is. kept in tact. You won't say that the rule of law. It is for them to uphold tbe but in your heart of hearts you know that. There Constitution and defy every act of the is no solution in your hands. The only President and that would be sacred, solution that you can think of is to invite more appropriate and constitutional. and more foreign capital, tighten the noose Now I would come to West Bengal. It was round the neck of Mother India and hand over provided for in the Constitution that the Mother India on a platter of silver to the foreign Governor could make a report to the imperialist interests. Since the Congress is on President and the President could the way out, since the Reactionary classes and impose presidential rule by a the vested interests in alliance with the imperia- Proclamation, and dissolve the list capital cannot mobilise public opinion in legislature. But that provision of the their support, since they find themselves Constitution was not taken advantage of. isolated in the country, since the people They have' been doing so a number of times of India are on the march and one by one they for their narrow partisan ends but that was are casting aside the illusions and trying to not done here. It was only the 1935 Act take the destiny of India in their own hands of the British days which gave the from the traitors and the fifth columns that seem Governors discretionary powers. We know to be installed in New Delhi, you think that the that the Constitution of India—our party Constitution must be butchered and the flag of has been critical of it—has been designed to democracy pulled down to the dust. That is the safeguard and protect the vested interests device that you have hit upon now. It is the and not a single right of the people as end of parliamentary democracy in India. adumbrated in the directive principles of the Constitution is enforceable. In an illegal manner, outside the bounds of the AN HON. MEMBER : Not yet. Constitution, by a flat of the Union SHRI NIREN GHOSH : It ts the beginning Government you have sought to arm the of the end. The facade must be kept. Hitler Governors with discretionary powers to dismiss any Ministry whenever they think fit kept the facade till the end. The facade might and for any reason whatsoever. Why is it be there, but not a shred of the so-called that after twenty years of making this bourgeois democracy will remain. The few Constitution you have come to a stage where who are there would be crushed you are raping the Constitution, where you are killing the Constitution? Hitler at least staged the Reichstag 901 Proclamation by President in [ 23 NOV. 1967 ] and dismissal of UFMinistry 902 relation to Haryana in W. Bengal and thrown aside. The major portion has correct to say all these things, Lady already been scuttled. That is why we are Macbeth, kitchen cabinet, etc ? saying that history has taken the gravest possible turn. THE DEPUTY CHAIRMAN : That is all right. Now, let us have a look at the Centre's conspiracy. We should look into the SHRI NIREN GHOSH : Even there their conspiracy hatched by the Centre. From the arguments will not hold water, so that an day the United Front Government was extra-constitutional and extralegal device was installed the Centre began its conspiratorial set up and illegally, unconstitutionally, acts one after another. The other day, the paper flouting the rule of law and the Constitution, of Shri Atulya Ghosh, "Ananda Bazar Patrika" the Central Cabinet and the Governor and said that this is the third conspiracy, viz., July certain officials conspired to call that rene- 26, October 2 and now this November gade, P. C. Ghosh, who was taken out from conspiracy. This is the third conspiracy, the dustbin of history after twenty years . . hatched by the Centre. Is it not a fact and am 1 . revealing a secret when I say that in a gangster-like fashion, without even informing THE MINISTER OF STATE IN THE the whole Cabinet, some members of the MINISTRY OF HOME AFFAIRS (SHRI Cabinet took the decision to give the green VIDYA CHARAN SHUKLA) : On a point of signal to the Governor to dismiss the Ministry order. Now, the hon. Member here is calling and install Mr. P. C. Ghosh ? Is it not a a fact the Chief Minister of West Bengal a that Shri Y. B. Chavan and Shri Morarji Desai renegade. Ls it proper to say it ? I think it is were the storm-troopers and is it not a fact that very objectionable. the Lady Macbeth of the Cabinet, Indira THE DEPUTY CHAIRMAN : There is Gandhi, in order to stick to her office, would nothing wrong from the point of view of embrace anything and everybody and gave her parliamentary practice ar.d one not be so consent ? That is how the Centre gave the sensitive. Please carry on. green signal and under instructions and mandate from the Centre the Governor did it SHRI BHUPESH GUPTA : He does not and like a white lamb, though he is black, Shri know English. "Renegade" means one who Y. B. Chavan, the other comes here and says : leaves his Party and joins another. "Now, it is for the Governor to decide". What black disciples of Hitler we have in our SHRI VIDYA CHARAN SHUKLA : I country. What a parade, what a spectacle we know better English than Mr. Bhupesh Gupta. are witnessing here! Do not make any allegations.

Now, they did not refer it to tbe Supreme SHRI BHUPESH GUPTA : Then, why did Court. It is the sacred task of the Supreme you get up ? Court. It is the class court set up to defend the class interests. Even to that court they did not SHRI NIREN GHOSH : It is this P. C go. Under the Constitution it is their duty to Ghosh, wearing the mask of truth and non- interpret the Constitution. They did not go to violence, but the most untruthful and the most the Supreme Court. The Supreme Court was violent of men, in the very first years of his insulted and they should take note of the fact Ministry fifteen years ago, who killed Sisir that this kitchen cabinet insulted them. Mandal in the streets of Calcutta. It is this P. C. Ghosh who brought the first Security Act SHRIMATI TARA RAMCHANDRA and put it on the Statute Book. It is no wonder SATHE (Maharashtra): Madam, is it they have found their patron in him. This Huma-yun Kabir . . . 903 Proclamation by President in [ RAJYA SABHA ] and dismissal of UF Ministry 904 relation to Haryana »'" W. Bengal

SHRI C. D. PANDE : (Uttar Pradesh) : it is the people who are going to have the last You were hugging him till yesterday. laugh and not you.

SHRI NIREN GHOSH : ... is closely The anger of the people of India, their holy connected with the CIA and patronised by anger in defence of the constitution, in defence them and Mr. Niharendu Mazumdar with the of the rule of law, in defence of the inherent help ol CIA, has set up a posh office in right of Bengalis to govern Bengal, of Bihar to Chowringhee. These are the fifth column govern Bihar of Punjabis to govern Punjab and agents and they are now the agents of the Con- of the Tamils to govern Tamilnad will be gress also to scuttle the Constitution and roused. They have risen, they have protested trample under foot West Bengal. with peaceful strikes and demonstrations. And these apostles of truth and non-violence and Now, the question arises and my friend, Mr. their henchmen the very day clamp down Dharia, said "hooligans". "Yes", in Mr. section 144 throughout West Bengal. For eight Dharia's opinion the four crores of people of months civil liberty was flourishing, was kept West Bengal are hooligans. intact. But the moment he was secretly sworn SHRI AKBAR ALI KHAN : No. in, simultaneously the Military is put on alert and section 144 is clamped down. Civil liberty SHRI M. M. DHARIA : I did not say that. is finished. Now when they protest going beyond the bounds of the Criminal Procedure SHRI C. D. PANDE : The Chinese agents Code, they brandish their sticks, they shoot are anti-national. people. The Press has only reported a fraction of what has been done in Bengal. Firings, lathi SHRI NIREN GHOSH : What else a time- charges, shootings, arrests, are taking place. server like him would say to the people of West Bengal... May I tell you, some days back Shri Jyoti SHRI M. P. SHUKLA (Uttar Pradesh) : Basu told Gen. Maneckshaw : Have not the Agents of Mao. people the democratic right to voice their protest if their own Ministry is dismissed ; SHRI NIREN GHOSH : It is good that he have not the people the right to protest, to spoke and the people of West Bengal should observe strike ? Gen. Maneckshaw said : You know that time-servers like him on the will not be allowed to do that: the moment the Treasury Benches call them hooligans, four Ministry is dismissed, the Militarj' will take crores of them. West Bengal and Haryana over control and large-scale arrests would have been trampled under foot. Then will follow. These are the words of Gen. come the turn of Bihar and then U.P. One does Maneckshaw. That is the plan. He did not not know when the process will end. It will speak on his own. Delhi advised him that then be the turn of the DMK in Madras and of protests must be smothered at any cost the United Front in Kerala. While India is whatever the bloodshed. If you think there is burning the so-called Neros in Delhi are no law, you have violated the Constitution, fiddling, spreading a festive atmosphere. They you are not upholders of the rule of law; it is are glorying in it, but may I submit to them the people of West Bengal who are upholding that these are fires which, they engulf the the rule of law. Still you could arrest them. whole of India, may touch you also. Do not But even till yesterday everything was think you will get away with it. In history it peaceful. has never been so. In the end, after many years, sooner or later, SHRl A. D. MANI: Even today. (Interruption) 905 Proclamation by President in [ 23 NOV. 1967 ] and dismissal of VF Ministry906 relation to Haryana in W. Bengal

SHRI NIREN GHOSH : Only after this whether I can make an appeal to the Soviet brutality, after this assault, after Biswanath Government. Mukherji, Amar Chakravarty and Naren Dutt and other were brutally assaulted, the people SHRI C. D. PANDE : They are renegades, only tried to defend themselves. It is you who and revisionists. have committed this, and you speak of non- violence. You are the most violent people on SHRI NIREN GHOSH : I do make an this earth What right have you to speak of appeal to the leaders of the Communist Party truth and non-violence ? of the Soviet Union to the ruling Communist Party of the socialist States. .. And what to speak of the officials ? Under the Constitution they are bound to obey the SHRI C. D. PANDE : ... of China... Cabinet. The Governor entered into a conspiracy with them to dismiss the Cabinet. SHRI NIREN GHOSH : ... that they owe But they were informed, the Home Secretary, an international duty in order to fight the Chief Secretary, the Inspector-General of imperialism, to condemn this reaction of the Police. Strange. There was no question of Indira Gandhi Cabinet these butchers of Constitution whatsaever. When the Cabinet democracy. The Indira Gandhi Cabinet was still there, though it was should stand condemned at the bar of unconstitutionally dismissed, till the last international democratic opinion. moment these officials did not even intimate to them. They took measures outside the know- SHRI R. T. PARTHASARATHY ledge of the Cabinet. Everything was done in a (Madras) : I strongly object to that. What para-military fashion, in a Hitlerite fashion. right has he to say that? The winds of Fascism are blowing into India. (Interruption) Is it also a secret that a certain official of the U. S. Embassy shuttled to and fro between SHRI NIREN GHOSH : The Soviet press New Delhi and Calcutta and took an active and the Soviet people and Che other socialist part in this conspiracy? It is also not a secret. countries should condemn this Government. So we have come to such a pass when the India is the second biggest country in Asia. peoples of India have to defend democracy They would be doing the greatest disservice against this butchery, against the butchers if even at this critical moment they remain sitting in the Union Cabinet and their agents. silent and not bar the road towards the sell- It is they who have to rise in sacred revolt and out of this country to the foreign defend the democracy and Constitution in imperialists. A critical time has come and the India, and you may rest assured we will do so under-developed peoples and the socialist and we will fight for democracy to the last peoples should stand together. Whether the ditch. Governments can do it or not, it is their sacred duty to condemn, to organise mass SHRI C. D. PANDE : I think you confine meetings and protest and rouse international yourself to Naxalbari. Your ditch is Naxalbari public opinion... {Interruption) I hope my where you will be buried. appeal will go them, to all democratic and to all socialist countries. I hope my appeal is AN HON. MEMBER : The devil quoting going. I hope they will hark to the voice of the Scripture. India that is demorcratic...

SHRI NIREN GHOSH :' I would like to THE DEPUTY CHAIRMAN : You have make an appeal to international public taken half an hour. Please wind up. opinion. I would like to make an appeal to them. I do not know SHRi NIREN GHOSH : You wantto draw our blood, the blood of the\ various national linguistic groups of 907 Proclamation by President in \ RAJYA SABHA ] and dismissal of UF Ministr908 relation to Haryana '" W. Bengal

[Shri Niren Ghosh.] India. When I was al acts. They should think about it. So, an urchin, I was put under detention by the these things should be pointed out. Britishers. THE DEPUTY CHAIRMAN : I SHRI C. D. PANDE : You deserved it. want to call the next speaker. SHRI NIREN GHOSH : Now I am SHRI NIREN GHOSH : I want to say one almost past three-fourths of my life and am thin? lastly, because... becoming an old man and suffering still detentions and other tortures under the Congress regime. It is not anything new to SHRI VIDYA CHARAN SHUKLA : You us. are unbuttoning your own coat.

SHRI C. D. PANDE : During the w.^r SHRI NIREN GHOSH : Thes?

AJoy Mukherjee. He has been led up the than wa are willing to admit and the future of garden path. cur eountry as well as democracy ard our constitutional Government depend on how we THE DEPUTY CHAIRMAN : That function in a democracy in the various States will do. as well as at the Centre.

SHRI NJREN GHOSH : He did not lender Madarn, because I really care for my party his resignation on Octo ior 2 (fr.'.temirjf.cns.) as weU as Parliament i fee1, that we must He related these things to the Cabinet and the uphold the constitutional practices and Cabinet members r.sked him. Wnat are the democratic practices and conventir'is. We are facts and from whom have .you got them, Mr. not hers in this sovereign tody only to say Mukherjee? Have you evei verified th?:-r. ? "yes' to everything that goes on or tc criticize Have you ever discussed it in the Cabinet everything that goes on. But wo have to whelher tn- se are facts or not ? uphold the high values of democratic government. Many Members have tried to SHRl C. D. PANDE : Ask Mao. You are juMify in every possible way the s'eps "aken his ?tooge. by the Governors. That really does not make for a healthy Government. I think our SHBI N'REN GHOSH : He kept quite Government is thriving, healthy and kicking becaus*? he had nothing to say in defence. not because we have to say 'yes' to everything That is how you behave the conspirators and but I think it is kicking because even we have their followers who always cook up stories, the courage io say 'no'. the Central Cabinet that it" alien to the penples of Jndia. They will go. SHRI BHUPESH GUPTA : I think after Shri Satya Narayan Suiha became the Health THE DEPUTY CHAIRMAN : You must Minister, it has became healthy. wind up. KUMARI SHANTA VASISHT : You do SHRI NJREN GHOSH : Falsehood, lies, not worry about, Mr. Bhupesh Gupta. slandr.is, nothing will ever hoodwink and ; r/luff the people cf Ih and Governments in the various States, which are concerning the pra?tt.es and conventions of not of the Congress Party, we are faced with a democracy. I think many Members have not situation which we had not quite visualised in given very serious thought to the this very form when the Constitution was Constitutional, legal and democratic aspects framed. Who had not visualised the of the problem bot have spoken on the issue disturbances and generally. Madam, I may point out, that this is a more serious occasion 911 Proclamation by President in [RAJYA SABHA] and dismissal of UF Ministry 912 relation to Haryana in W. Bengal

[Kumari Shanta Vasisht] difficulties in he resigned. Very rarely can the Governor those States or at the Centre or the operation even dismiss a Minister but that too only on of the opposition Governments, the other the advice of the Chief Minister. For example, party Governments in the various States. in the case of the ipte Shri Pratap Singh Therefore, we have to think about this Kairon he dismissed—or rather the Governor problem without knowing sometimes the was asked to dismiss—one of the Ministers on answer. the advice of the Chief Minister. Only the Chief Minister is the elected Member. He is The 1935 Act which was promulgated by the elected leader of the majority party in the the British Government wns extremely House. He has to do all the work and face the unpopular, particularly for these powers, the music also for anything that he dees as the discretionary powers, of tht Governor. And all Prime Minister faces the entire problems of out leaders and all of us, during the freedom the country. She/he is answerable to the fight, were deeply perturbed about those country, and not the President. Therefore, the notorious laws giving the discretionary power President does not face the music. Similarly, to the Governor to d" this arid that. And as a in the case of a State the Governor does not reaction to them during the freedom struggle, face the music. Therefore, for the Governmr we had feelings regarding the discretionary fo be given this power, because it is not powers of the Governor and I think our written anywhere in the Constitution, is Constituent Assembly Members mast have wrong. The Constitution writes down taken pains not to give those powers to the everything except that the parents should wash Governor but to make him active only under the faces of their children every morning. Our one or two circumstances. That is, if the party Constitution has put down practically every- that i? ruling a State at the moment fails to thing. But it has not given these discretionary have a majority in the House, ir. that case powers to the Governor. They have been alone hay the Governor the right to ask given other powers, and that also only if the another person who he thinks has the majority President authorises him in cases where there behind hirn, to form an alternative is sabotage of the Railways cf some highways. Government, as happened recentlv in the In such cases the President can act through Madhya Pradesh case. Beyond that, the Governors. Governor does not have the power to assume or presume that he knows the strength of this parly or that party ^r that he knows who is [THE VICE-CHAIRMAN (SHRI AKBAK ALI defecting v.here and how. Defections are not KHAN) IN THE CHAIR] his job. He has nothing to do with defections one way or the other. Secondly, he cannot call But beyond that no powers are given to Ihe the Assembly as he likes or when he like 3. It Governor in this respect. is not in his discretion at all. He has no right piA no authority *o call the Assembly as he likes. He cannot dismiss the Ministry as and Sir, what does the Governor say in his when he likes. It is not his job either. Only report ? He says : — when the Ministry loses its strength in the "... As of today, the ruling party has still House, or the floor of the House, then only got the same 40 members, but the election can he do it Generally the Ministers resign as of one opposition M.L.A., Mrs. Om Prabha Shri Gurnam Singh resigned, as Shri Bhagwat Jain has been declared void by orders of the Dayal had to resign because the members Punjab and Haryana High Court, sc that voted for the Speaker or some other member within an effective strength of 78 in the and he therefore realised that he had no Assembly, with 3 vacancies, the ruling majority and party has 40 members". 913 Proclamation by President in [23 NOV. 1967] an i dismissal of VF Ministry 914 relation to Haryana in W. Bengal

He himself says that the Chief Minister has made a bit of an issue at least so that the Chief got the majority with him. In the Minister should have known what was circumstances, for the Governor to have happening under his Government. It was all dismissed the Assembly should not have been very wrong, very undemocratic and very allowed. I think the Central Government was unfair to the Harijans and the other people of fully justified in asking the Chief Minister to other communities. explain. I had once pointed out in the House that the functioning of the Haryana Assembly SHRI MUKHTIAR SINGH : But there is ought to have been seriously viewed. Even on not a word to that effect in the Governor's the Budget while voting was going on it was report. said, "Demand Nos. 1, 2, 3 and 4 passed", and KUMARI SHANTA VASISHT : "Demand Nos. 5, 6, 7 and 8 passed". So this is Therefore, I feel this is a sort of thing which how the Assembly was functioning. Actually was overlooked by the Government of India. you are neither discussing or properly voting. They should not have done that. Therefore, the spirit of democracy is not really effective. As against this, what happens here ? Now I come to Bengal. Again, there, I While a debate is going on here on the Finance seriously and very strongly object to the Bill or the Budget or anything else, after due Governor being given any powers to tamper deliberations and criticisms people vote on it. with the affairs of the State. Why do I say so ? There was nothing like that there. As it is, the Chief Minister or the Opposition parties have to take care of their politics I may also point out that during a by- amongst themselves within the ruling party or election in Haryana there was very great outside the ruling party inter se or with the disturbance there. I am very sorry to say that other Opposition groups and parties. That Haryana is one of the very, very backward, State has a good deal of politics. But if the rather disgracefully backward States. Governor is given certain powers of the so- Incidentally, I happen to come from that State called discretionary powers of which he has because my entire family belongs to that area. none under the Constitution, it is bad. The I am very proud of that State for its many civil servants have hardly any contact with the good qualities. I heard Mr. Krishan Kant. He masses or the people. They never identify says he comes from Haryana. He knows noth- themselves with the people. Of course, ing about Haryana except that he is elected sometimes they may be agents of some big from Haryana or he may fight his second business getting orders from Birlas etc. election from there. Beyond that he hardly Sometimes they may have some interest in knows anything about Haryana. He hardly some business houses. Beyond that these understands even their language. So, Sir, I can people do not identify themselves with public speak about Haryana with some authority consciously or unconsciously. These civil because I love that land and I love its people. I servants come from privileged families which know their sufferings. I know their pains and have many, many ways of being in touch with what pains they have gone through all these well-to-do people in the society. I think these decades and decades. I know how Harijans people should not be given any power to use were beaten during the bye-election. They their discretion as an absolutely personal were not allowed to leave their homes. They choice because they can manipulate their were not allowed to vote. There was a lot of powers. They can create factions between high handedness. The Central Government various political parties and create difficulties should have taken to task this Chief Minister for the Ministry also. This has happened in the at that time. His act should have been made past. The Government is not unaware of it. public. It should have been Therefore, the Governor should not have any say whatsoever in the thing except to ask for making an 915 Proclamation by President in [ RAJYA SABHA ] and dismissal of UF Ministry 916 relation to Haryana in W. Bengal

[Kumari Shanta Vasisht] alternative be disastrous for the country and nobody will Government if one particular Chief Minister be able to correct it later on. I will say that if loses his backing and power. Only he can ask you can correct it now, if you can rectify the somebody else who is able to form the mistake now it will be a great thing, because Government in whatever fashion and manner. these people of the opposition who are having all these experiences, who have been doing SHRI BHUPESH GUPTA : This feminine without power for decades and decades and intelligence is lacking in other Members. suffering a great deal on account of these KUMARI SHANTA VASISHT : Therefore, experiences and who are having these bitter I very strongly emphasise that the Governor experiences ... should not be given any such powers which SHRI BHUPESH GUPTA : I like to be in may introduce a mischievous element in the the opposition. functioning of a Government. Some of "these people have done such things in the past and KUMARI SHANTA VASISHT : You will the Government knows about it. These people remain in the opposition. But when you get can do it again and this will be opening a into power you will come with a heavy hand Pandora's Box and things will go beyond the and strike this democracy with vengeance. control of the State as well as the Centre. Some You will shatter it to pieces because you would day it will become a huge colossus and you be harbouring so much bitterness, so much will not know what to do about it. Therefore, I frustration, so much anger that you will have am opposed to any authority being given to the no respect for this democracy or the Governors. They have their own interest, their democratic set-up. Therefore, I feel, Sir, that own plans to carry out sometimes. we do preserve this thing and that we should never allow such a thing to recur again. I may mention here that the members of the ruling United Front have been saying that this I would again humbly say that our is a class struggle going on in Bengal. They Government would have been fully justified in say there is trouble between the industrialists, putting the Chief Minister on the mat and the big business and the workers. In this asking him to explain why there was such a background, when the leading party is saying poor law and order situation after they had that this is a sort of conflict between the received a report from the Governor about the different classes there, such a person who has state of affairs, particularly in regard to internal disturbances and so on. After that they would relations with industrialists and so on should have been justified, through the Central never have been sent there. That was also a Government, in taking action against the State mistake of a different type. Government. But the Governor is nobody to SHRI ARJUN ARORA (Uttar Pradesh) : exercise his discretion. He has no locus standi. I would say in this respect our Home Ministry What relation ? and our Government would have been fully KUMARI SHANTA VASISHT : You are justified in taking them to task and exposing familiar enough. You know all that. So this is them and their tactics, etc. The entire Bengal the politics introduced through an outsider, the population and other States would have been Governor, who always has some people to fully with the Central Government and they please and has his own game. I think this would have fully backed the Central should never be allowed. And in future if you Government and their action would have been want to save this Constitution, if you want to applauded. The action they have taken is very establish healthy Parliamentary conventions, good but the way they have taken it is not may I say that this should be the last precedent. good. You must not only do justice but you You should never repeat it; otherwise it will must appear to do justice also. This is a very basic and fundamental thing. People must feel that what you 917 Proclamation by Ptesidcnt in [23 NOV. 1967] ant dismissal of UFMinistry 918 relation to Haryana jn W. Bengal have dona is right. You cannot do a right thing rights are given only to the Chief Minister as in a way which is somewhat open to doubt to when to call the Assembly. But if the Chief and question and which would lay down very Minister does not want to call the Assembly wrong practices. Secondly, Sir, these mem- even beyond six months, then he is very bers of the Communist Party, left or right, are much to be condemned. But a delay of one now bringing different stories, that many month, two weeks or three weeks, does not bombs have been thrown in the labour make any fundamental difference. Of course, colonies, that women and children have been in the case of Bengal, there were, I am sure, injured and so on. But why didn't they make very justifiable reasons that the law and order an issue of it and bring all the facts and situation would become much worse under figures and show them to the Central the United Front... Government ? They could have invited the attention of the Labour Minister of the Central SHRl BHUPESH GUPTA : No, it was Government Olof the Prime Minister or of the improving, even according to the statement Deputy Prime Minister. They could have of the Centre. shown them to the Central Ministers and they KUMARI SHANTA VASISHT : Ii' it is could have justified their case if they had a improving, then you are admitting that it was justifiable case. But now they are speaking pretty bad. one language and the Central Government another. We cannot say who is right. They SHRI BHUPESH GUPTA : No, it was feel they are justified and we feel we are always improving. You are improving in justified and there is no common ground bet- your speeches. ween us. These things have happened. But the Central Government could have made a case KUMARI SHANTA VASISHT : I don't for getting a report under Article 355. They think I am improving. If I am improving, could have called the Chief Minister's then I would have been given more attention to it. They could have taken him to opportunities to speak. task in the Chief Ministers' Conference. And they could have, in front of all the Chief THE VICE-CHAIRMAN : (SHRI AKBAR Ministers, discussed and thrashed it out. ALI KHAN) : No interruptions. Therefore, I feel that these things are very, very important and these have to be taken KUMARI SHANTA VASISHT : good care of. We could have done the same Therefore, I feel that this is not a point on thing but in a different manner. which we can hit them because it is the right of the Chief Minister to call the Assembly Now people are talking as if they did not any time within six months. But if he refuses know the Constitution—'why didn't they call the Assembly' and so on. Here we have to call it within six months, then he is totally Ministers for six months even if they are not to be condemned and I will absolutely elected to the House; we can have them condemn him. But one month would not whether in the Parliament or in Assemblies in make much of a difference ... the States. This is a legal provision we have made. An Assembly or Parliament has to be SHRI BHUPESH GUPTA : Governor said called by the Chief Minister or the Prime '8th of December' but the Chief Minister said Minister suiting his convenience and not the '18th of December'. convenience of the Governor or the President of India. It is the right of the Chief Minister to KUMARI SHANTA VASISHT : The call the Assembly. The Governor cannot Governor has no right to say which date. But dismiss the Ministry. He has no right to do as the Central Government was fearing that the he likes. These law and order situation would be made much worse in Bengal after one month. That is a realistic problem before the Central Government. They cannot allow people 919 Proclamation by President in [RAJYA SABHA] and dismissal of UF Ministry 920 relation to Haryana in W. Bengal

[Kumari Shanta VasisMJ to be slaughtered. us ; the first is that we have got a federal type But you should not, Mr. Bhupesh Gupta, say of Constitution under which we have got that our people should come out and face the autonomous States; and the second mobs. We are not governed by mobs; we are consideration that we should have is that we governed by rules and regulations. We are not want democracy to flourish in this country and governed by mobo-cracy but by the rule of we believe in democratic principles and law. {Interruption.) So in allowing the democratic ideals. Therefore, while doing any- situation to deteriorate for one month, you are thing, while taking any action, we should see creating loopholes which put your Ministry that these two considerations are always kept under a certain amount of doubt and suspicion. in mind. Some Members have made an effort And the Central Government had no choice to say that the Governors have got wide but to do something about it. Of course, the discretionary powers and they can act under Central Government could have taken action those discretionary powers. The hon. Member under Article 355 which was the only Article from the Congress, Miss Shanta Vasisht, who applicable and nothing else. It could have spoke just now, has recalled the days of pre- taken steps either to suspend the Assembly for Independence ... some months or to have President's rule there. But the Governor was not justified technically SHRI BHUPESH GUPTA : Mr. Vice- and legally in doning what he has done. I feel Chairman, is it permissible for a Member like that democratic practices and our Constitution Mr. Gujral, when the House is proceeding, to are extremely sacred, they are more than persuade any Member not to speak ? Mr. sacred. Any violation of thees or any Gujral is talking to Mr. Sapru so that Mr. subversion of these in any form should never Sapru does not speak. This is my impression. be done and I hope that in future such a thing Let him deny it. will never happen. Thank you. SHRI P. N. SAPRU (Uttar Pradesh) : He is SHRI B. D. KHOBARAGADE : Mr. Vice- talking to a very safe man. He is a great Chairman, Sir, I think last Tuesday, the 21st of gentleman. November 1967, would go down in the history of this country as the darkest day. We have noticed that in the course of 24 hours two SHRI A. P. CHATTERJEE : That is an Ministries have been slaughtered by the intelligent guess on the part of Mr. Bhupesh butchers sitting in Delhi. The popular Ministry Gupta. was dismissed in Bengal and another Ministry was dismissed in Haryana and President's rule SHRI B. D KHOBARAGADE : So, if we imposed there. have to strengthen the forces of democracy in this country, then we have to see that the Coming to the events in Bengal, I feel that it Governor's powers are reduced to the was not in the Governor's power to dismiss minimum. The question is not whether the that Ministry, and in doing so, the Governor of Governor enjoys discretionary powers under Bengal has acted unconstitutionally and in a the Constitution. He should not enjoy those most undemocratic manner. I would not like to powers. He should act on the advice tendered go into the constitutional aspects or to refer to by the Chief Minister and leader of the House the various Articles of the Constitution as has which is elected by popular vote. In case there been done by a number of Members. But I is any difference of opinion, the Governor, as a would like to submit that while we are nominee of the President, should refer the discussing the powers of the Governor, we matter to the President and act on the advice of should have two principles before the President. These are the two alternative courses open to the Governor. Now so far as the Bengal situation is concerned, did the Governor act constitutionally in 921 Proclamation by President in [ 23 NOV. 1967 ] and dismissal of UF Ministry 922 relation Io Haryana in W. Bengal dismissing the Bengal Ministry ? I am afraid jr each House of the Legislature of the State to he did not behave or act constitutionally or meet at such time and place as he thinks fit. according to the principles of democracy. It So it is the discretion cf the Governor. If he is said that the United Front Ministry did not did not accept the advice tendered by enjoy the support of the majority in the the Chief Minister and did not like to House. How is it to be decided ? Cons- summon the Assembly on 18th December, titutional experts say that the Governor has why did he not follow his own advice =md got discretion only to instal a Ministry, why did he not summon the Assembly en the discretion in the sense that he must always 8th of December ? Why did he dismiss the invite the leader of the majority group to Ministry and asked another person to come in form the Government. Once he has taken that power ? He should have summoned the decision —which is the majority and which Assembly on the 8th December to ascertain is the minority—and installed a Ministry, he the wishes of the Members and then has no right to dismiss that Ministry until and only he should have dismissed that unless that Ministry falls as a result of the Ministry, provided that Ministry did not get no-confidence motion being passed against the support of the majority of the Members. that Ministry, or it loses on any important The way the Governor has dismissed the measure. In this particular instance there was Ministry means that the United Front no such thing. It is only claimed that the Ministry was in power and being in power, Chief Minister did not enjoy the support of Dr. Ghosh could not have commanded the the majority of the Members. support of the majority of the Members and that is why before the Assembly was It was suggested by the Governor that the summoned the Ministry was dismissed. Bengal Legislature should be summoned as There can be no other explanation for it. early as possible, so that the wishes of the Then, Sir, it has been alleged by some Members could be ascertained. The Bengal Members here that the law and order Ministry suggested the 18th of December for situation was not satisfactory. They have it. I cannot understand what would have said that there were some agents of Mao happened during this one month or one and a China in that Cabinet. Some allegations were half months if the Governor had acted on the made in the Press by the Chief Minister also. advice tendered by the Chief Minister In that case I would not have objected if the and summoned the Assembly on the 18th Home Minister or the Central Government December. The Governor suggested the 8th had produced evidence in the Parliament and of December. It was only a question of ten dismissed that particular Minister who days only. Apart from that, if the Governor happens to be the agent of China. did not accept the advice tendered by the Chief Minister, why did he not follow SHRI BHUPESH GUPTA : The Chief his own advice and why did he not summon Minister never said at any time privately or the Legislature on the 8th of December ? in public that there were Mao agents in the Why did he go to the extent of dismissing the Cabinet, never. whole Government ? He wanted to ascertain the wishes of the Members and SHRI B. D. KHOBARAGADE : There for that purpose he could have summoned were allegations in the Press. I am saying if the Legislature on the 8th of December. the Home Minister had got evidence against But he did not do that. He dismissed the that particular Minister that he was the agent whole Ministry. Sir, according to of China, the Home Minister or the Gov- constitutional provisions the Governor is ernor could have dismissed only That supposed to summon the Assembly. It is particular Minister. In this connection we mentioned in article 174 of the Constitution have got one precedent also. In Maharashtra that the Governor shall from time to time one Minister refused to resign in spite of the summon the Houses advice tendered 923 Proclamation by President in [ RAJYA SABHA ] and dismissal of UF Ministry 924 relation to Haryana in W. Bengal

[Shri B. D. Khobaragade.] by the Chief ments. If anybody is responsible for that, it Minister and he was dismissed by the is the Congress Party. Governor. The same thing could have been One Congress Member—I think he was followed in the ease of Bengal. Only that Mr. Krishan Kant—referred to the statements particular Minister could have been issued by the Opposition leaders, Mr. dismissed, not the whole Ministry. May I Sondhi, Mr. Balraj Madhok and others, that ask all those Members who have said the Assembly should be dissolved and mid- that there were agents of China, what is term elections fhould be held. There would their reaction to the recent reports that there have been no objection if two months back are agents of America in the Central the Assembly had been dissolved and the Government ? These allega-tions were elections were held, because nobody wants made only two days back. In that easi would political instability in that State. If that had been those Members justify the dismissal of the done two months earlier, everybody would have Bengal Ministry on the ground that there been happy. But why did the Union were agents of China ? Similarly Government wait for two months? Why did would they advise the Central they wait for two months ? There was some Government headed by Mrs. Indira sinister motive behind it. During these two Gandhi that the Union Government months they tried to convert a minority into should be dismissed ? Nobody would a majority and to come back to power in accept that argument. After all foreign Haryana. By offering bribes they wanted to countries are foreign countries, whether bring the members from the ruling party and it is China or it is America. Those particular they wanted to come to power in individuals who are the agents of foreign Haryana and after they found out that in spite of countries should go out. We do not want all that Rao Birendra Singh could still have a traitors in our country, whether they are the majority, then they decided to impose agents of Russia or the agents of America. President's Rule there. So if anything is We want people of nationalist objectionable, that is objectionable. Had it been mentality who want to devote and dedicate done two months back with the sole purpose of their life for the progress of this country. having a stable Ministry in Haryana, nobody Therefore Sir, this argument that there were would have objected but after doing a lot of certain agents of China in the Bengal horse-trading and after having failed in Ministry does not hold any water. that, they have brought this now and So far as Haryana is concerned, it has therefore, it is objectionable. We have noticed been stated that there were defections on a in this country that there are a number of number of occasions. This is not the first political parties. If democracy is to flourish time that there have been defections. As and prosper in this country or in any other has been pointed out by one hon. Member country, it is essential to have two strong here, defections were taking place for a political parties—the party in power and the very long time. If anybody is responsible party in the opposition. Unfortunately we do for these things, it is the Congress not have two strong political parties. There are organisation. They wanted to retain power a number of political parties in this country. somehow or other and therefore they were So instead of integration, we And always trying to lure Members from the disintegration. The socialist forces are divided Opposition. Instances of Asoka Mehta and into P.S.P. and S.S.P., the Communists into Pattom Thanu Pillai are well known. When Right and Left and now we have another—the Pattom Thanu Pillai was made the Marxists^—coming up. The Congress party is Governor of Punjab and shifted from the divided into a number of splinter groups. political scene of Kerala, even Mr. Asoka Then we have the Swatantra and the Jan Sangh. Mehta, who was the Party President, did not So we have to live up to the situation that is know what was happening. Such things were prevailing done behind the scene and surreptitiously by offering all kinds of induce- 925 Proclamation by President in [23 NOV. 1967] and dismissal of UFMinistry 926 relation to Haryana »'» W. Bengal to-day. We cannot have two strong I do not see the necessity to refer to the political parties. There would be at least 8 communal element in the Govern-nor's report parties in the States and in the Centre and and if it is there, this is not proper. therefore we have the situation here Unfortunately the Congress organisation has similar to that which prevailed in France. always resorted to such communal things and if In France there were a number of it continues, then the people belonging to the political parties. There was never a minority group will not be in a position to get stable Ministry there and the Ministry any secure representation in the Assembly or in would change after every two months or six the Lok Sabha. Therefore, if we have to months. There was no stable Ministry. safeguard the interest of the minority Therefore as long as there are a community, then I suggest that the number of political parties in any State, we Government should amend the electoral laws cannot have any stable Government. and introduce the system of single transferable Therefore we have to live with this situation vote or proportional representation because 2 for the next 10 or 11 years. Therefore if or 3 days back, some of the Scheduled Castes the Union Government or anybody thinks and Scheduled Tribes representatives who that because there are changes of Ministry met in Delhi have demanded that the reserva- very often and because there is horse tion for the Scheduled Castes and the Scheduled trading therefore, that Ministry should be dis- Tribes in the Assemblies and the Lok Sabha missed, then it will not be proper. We should continue for 20 years. I do not agree should see the situation and we have to with their proposal and I do not approve of their evolve such a policy that as long as any proposal but I want that they should get Ministry enjoys the support of the majority of adequate representation in the Assemblies and members in any State, that Ministry should be the Lok Sabha. For that purpose we allowed to function, may be for a month or should see that the minorities also get two months. Even if after two or three months representation and for "that purpose, the you hold elections ip. Haryana, you will have single transferable vote system should be to face the same situation that is introduced so that hereafter, the Governor will prevailing to-day. I do not think not be in a position to say that a Brahmin could tomorrow also there will be any stable not become a Chief Minister because the Government in Haryana. I do not think Jats are in a majority. there will be two major political parties one of which can be in power and the other in the SHRI P. N. SAPRU : We have two opposition. Therefore after the elections also, motions before us. One relates to Haryana the same situation will prevail. The and the other to West Bengal. I shall consider Government will change every six months or both these separately. I wish that they had even 2 months. So my submission is that been kept separate but since they have been the situation "in India is such that such joined together, I will speak on both of them. defections will always continue and the First, let me say a word or two about changes in the Government will also Haryana. Undoubtedly there has been a good continue. Therefore no Government deal of what you might call, change of front should be dismissed, and no assembly and the change of front has always not been should be dissolved on the sole ground influenced by considerations of ideology or of that there are defections and there is not a programmes or fidelity to programmes, but I stable Ministry. am disappointed at the fact that the report of I would refer to another point. The the Governor is of a very poor and Government said that the Governor has perfunctory character. True facts cannot be referred to the communal nature of the got over. The Government of Haryana had a members, to what community they majority. It had not lost the confidence belonged, etc. He has said that because of the there was a Jat majority, therefore, they would not have a Brahmin Chief Minister, Mr. Sharma. 8—63 Raj. Sabha/67 927 Proclamation by President in [RAJYA SABHA] ami dismissal of UF Ministr928 relation to Haryana in W. Bengal

[Shri P. N. Sapru.] House. This fact cannot take it that Diwan Chaman Lall is a student of be got over. Therefore I cannot see any constitutional law and that he knows the sufficient reason why such drastic action as constitutional theory, and any elementary President's rule should have been ordered. book on the Constitution will tell him that There is no doubt that the number of Ministers these words have a limited significance. That in Haryana has been much too large. Almost article has to be read with the article which re- everyone wanted to become a Minister. I wish quires Governors to appoint persons who I were a Member of the Haryana Legislature ; command a majority in the Legislatures. And I could also aspire to be a Minister there. But it is impossible for ihe Queen of England to that is no reason for superseding a dismiss Mr. Wilson today, and if she were to Government, ft is not the Governor's job, as I do so, she would surely find herself hanged conceive it, to go into the question how Minis- tomorrow, I venture to say so. The Governor tries are to be constituted. Governors have has been given the power of veto theoretically very limited functions and I do not agree with because of the power given to him to send the view—I want to be quite frank—that the back Bills for reconsideration and all that. Governor has ths power to dismiss a Ministry. Now writers on the British Constitution have I can stake whatever little professional repu- told us that the King or Queen enjoys that tation I have as a constitutional jurist on this power but, as Mr. Herman Finer says, the point that the Governor cannot dismiss a King is a rubber stamp. And King Edward Ministry. We had in the old Government of VIII had to sign his own death warrant, so to India Act the provisions relating to the say, had to sign his abdication of the throne discretionary powers, individual judgments on the advice of the Ministry of the day. and special responsibilities of the Governors and Governor-General, but the Indian SHRI BHUPESH GUPTA : But the Independence Act did away with all^ that. It Governor is still the same old Governor did away with all that because It was intended according to them. that India should be a free and independent SHRI P. N. SAPRU : To whom will the country. Those provisions were necessary for Governor be responsible for dismissing a the functioning of, what they called, self-gov- Ministry ? In pre-British days he was ernment within an imperialistic structure. responsible to the Governor-General, and the Those distinctions were specifically done Governor-General to the Secretary of State, away with in the Indian Independence Act and ahd through the Secretary of State to the that is how we got our independence. British Parliament which represented the British people. Today he acts in his individual Now there are a few cases of a minor judgment and dismisses, in his discretion, a character in regard to which a Governor can Ministry and he is responsible to no one. act in his individual discretion under the Therefore, we are creating a very bad Constitution framed by our founding fathers. I precedent for the future. I think the outlook am not going to refer to all those matters, but will become very dark and very gloomy for I may tell you one thing that there is no the future of democracy in this country if this provision which enables a Governor to principle is allowed to be sanctioned by this dismiss a Ministry on the ground that it has ceased to enjoy, in his opinion, on reports House. I think it is a matter which requires received by him, the confidence of the very serious thought, and I am sorry that Legislature. That is a power which has not serious thought was not given to it by the been given to the Governor. Diwan Chaman Government of India—I do not hesitate to do Lall spid that Ministers enjoyed their office so. It may lead to totalitarianism in this during the pleasure of the Governor. I country. It may lead to other complications. There were ways of doing things but they did not explore them. Haryana is a small 929 Proclamation by President in [23 NOV. 1967] and dismissal of UF Ministry 930 relation to Haryana in W. Bengal

State, not very well equipped in the art of statesmanship in the handling of this question. governing itself. All the same I am sorry that There were ways of doing it. You have article action has been taken against Haryana. But I 356 and the Governor could have reported. am now going to come to the main question And then the Cabinet could have considered which is that of West Bengal. West Bengal is that report and then taken action on that report a big State. Bengalis have been the pioneers thereafter. But that has not been done. What of the national movement in India, and we you have done is to vest a civil servant with know that they are a tough people. I do not the power to dismiss Ministers. And I know approve of everything that the party of my civil servants and the army often go together. friend, Mr. Niren Ghosh, does, nor do I con- I shudder to think of the consequences of sider him an untouchable because of such what you have done and I have spoken in this things said or done by him. spirit because I love my country and I love democracy and I love the socialistic structure SHRI ARJUN ARORA : He is not an which we have been trying to build up. I do untouchable ; I am sitting near him. not wish to see the foundations of our State being destroyed. I have never been in favour SHRI P. N. SAPRU : Yes, but I am not in of Presidential Rule. Personally I have never sympathy with everything that he says or been. I believe in the federal form of govern- does. I know that some foolish things have ment and in a federal form of government you been done by the former Government of West have distribution of sovereignty. I do not Bengal, but foolish things have been done by believe in such provisions like the provisions Governments all the world over. Mr. Dharma for Presidential Rule. I am particularly sorry Vira, a civil servant, with no experience of that the Swatantra Party which stands for public life, has assumed to himself the power democracy should have supported this action of finding an esteemable gentleman, who because of party reasons this action of the commands the very grand number of Government. I think this action, this move of seventeen supporters, with yet no definite the Government is one which I cannot under promise of majority support in the Legislative any circumstances reconcile myself to. I take Assembly, and appointing him as his Chief a long view. I can go on speaking for hours. I Minister. Well, the road to totalitarianism has take a long view and I look at the future and I been cleared by Mr. Dharma Vira, and that is think the prospects of democracy are dim if what worries me. I think, by this action, you this is to be the spirit in which you are going will be faced with a situation of an unprece- to administer this country hereafter. dented character in the history of this country. Bengal is not Canada. It may not submit to SHRl D. L. SEN GUPTA (West Bengal) : what you have done very tamely. You should Mr. Vice-Chairman, Sir. I stand up to record have taken time to consider what you should my strongest disapproval of the action of the do or what you are going to do. West Bengal Governor in dismissing the popular Ministry headed by Shri AJoy SHRI BHUPESH GUPTA : We have Mookerjee. I would like to raise a bigger information that Calcutta is under curfew. question than that, a question which has not been touched as yet. May I know from the SHRI P. N. SAPRU : Calcutta is one of our hon. Minister of State in the Ministry of great industrial centres. They should have Home Affairs, who alerted the Military even considered how this situation in Bengal before Dr. P. C. Ghosh took the oath? should be handled. The situation is one, the Certainly it was not Shri—AJoy Mookerjee. handling of which required statemanship of Are we to take it that the Governor himself the highest order. But I find—and I regret alerted the military there behind having to say it—I find a complete lack of 931 Proclamation by President in [RAJYA SABHA] and dismissal of VF Ministry 932 relation to Haryana in W. Bengal

[Shri D. L. Sen Gupta.] the back of the the ground of defection they could not touch Chief Minister ? Therefore, there is little room West Bengal. Therefore, in order to touch for doubt that the military-cum-Delhi-cum- West Bengal, in order to dismiss the West Governor, was there to hatch a conspiracy to Bengal Government, they had to dismiss the dismiss this Ministry whether it was majority Haryana Government of Rao Birendra Singh. or minority. The question of majority or minority was wholly irrelevant. They were out My point is not that. My point is something to dismiss tliat Ministry and they have done it. more fundamental. Are we not, by doing all Doing everything illegal and unconstitutional these things, by giving such immense powers they were prepared to do it and tbey have done to the Governor, creating very bad it. Well, my hon. friend Shri Chandra Shekhar conventions ? Are Governors to be greater of the Congress Party yesterday was than the people ? Are they to be greater than eloquently speaking of the Governor's action the Assembly and greater than the Cabinet ? with reference to the various acts in the State Can the Governor do anything and everything of West Bengal. May I know if those acts took ? Can he call the military, disband the place in the months of September and October Ministry, disband the Assembly ? What for is ? Can any Government be dismissed for these this all ? Did we fight our independence assumed or even admitted lapses of earlier struggle and did we prepare this healthy months ? I would like to know from Shri Constitution for giving all powers into the Chandra Shekhar or from anyone from the hands of the Governor, a retired I.C.S, officer Congress benches what specific grounds they who can be made to dance to the tunes of the had before them to dismiss this Ministry of Secretariat in Deihi? Certainly we did not shed Shri AJoy Mookerjee. There was nothing. our blood in order to strengthen the hands of There was only one reason and that was the the Governor and to give all powers to ihe reason of defection, or rather alleged Governor. Why not then give all power to a defection. The defection was not proved. Shri dictator ? Let us say that democracy is all AJoy Mookerjee was willing to call a session gone and we are not more for democracy in of the Assembly to test the majority. What was our land. Let us say that we believe in the urgency ? Why could not the Governor dictatorship. But why have a small man for a wait? There was no urgency. But he thought dictator. Why not have Shrimati Inoiira that if there was any further delay the Gandhi as the dictator ? Why not have Shri Y. defections would increase. If that was the B. Chavan as the dictator or even Shri Shukla attitude of the Governor then J would charge there as the dictator ? At least they would be him of partisanship. He was a partisan. He having some political understanding, not encouraged defectors by dismissing the certainly Mr. Dharma Vira. Government and by not agreeing to wait till SHRI BHUPESH GUPTA : A lifelong the date that Shri AJoy Mookerjee had agreed British agent. for summoning the House. There is a strange SHRI D. L. SEN GUPTA : I will be the last coincidence which we should take note of person to accept Mr. Dharma Vira as the between what happened in Haryana and what dictator. I am opposed io all dictators. happened in West Bengal. In Haryana for the SHRI LOKANATH MISRA (Orissa): Give last three months these defections were taking a chance to Mr. Ramaswamy also to be a place. The Haryana Governor did not do dictator. anything in spite of everybody saying this and SHRI D. L. SEN GUPTA : I will be the last that. And I am confident that this time also person to accept a dictatorial regime and nothing would have been done in Haryana had certainly not that of retired I.C.S, officer. This they not in their view this point that without is worse than the Ayub Khan regime. I can doing anything in Haryana on imdei-stand a bold person. I cannot under- stand a cliquish man, a man who comes 933 Proclamation by President in [23 NOV. 1967] and dismissal of VF Ministry 934 relation to Haryana in W. Bengal every morning to Delhi and goes back in the because they know that they are the ultimate evening in the Caravelle flight to Calcutta or people ? And this confidence is gradually by special train, I don't know. growing at the cost of democracy. This is a AN HON. MEMBER : To hatch a danger about which this Government at the conspiracy. Centre is completely ignorant. They do not know that this short-term politics of theirs is SHRI D. L. SEN GUPTA : If anyone running the very fabric of democracy and checks up the record he will find that during leading the country to chaos and dictatorship. the last fifteen days Mr. Dharma Vira has had If they want to bury the Constitution I have a larger number of trips to Delhi than he had nothing to say but they must not consider that done throughout his life. Why did he do that? it is their own and therefore they are burying What for was it done? Was it to understand it. Millions of people of this country had a from Delhi whether the constitutional share in it. On the 20th of this month when we machinery in Calcutta had fniled ? Certainly it met in this House from Amritsar to Bubbanes- was not for that. He came here so that a war there was no Congress Government, This political decision could be taken, not a game of politics oi this Congress was more constitutional decision. This political thrilling than... expediency is wrong. In interpreting the Constitution one must not be guided by politi- SHRI BHUPESH GUPTA : Why cal expediency. Then the question arises if this Bubhaneswar ? Up to Tarakeswar. position had arisen in any other Congress State would the Governor have moved like SHRI D. L. SEN GUPTA : Yes. This game this ? The answer obviously is no because the of the Congress was more thrilling than the Congress being in power here, their interest is cricket match between West Indies and to keep that Government going and not to Australia. Possibly they could not do better dismantle, disband or dismiss that. So the fielding than what the Congress has done. In point is this : We are taking political decision three days' time, in less than 60 hours three divorced from the constitutional provision. Ministries have been beaten ? And how ? By And there lies the danger. If we create this defection. What I want to ask is ; who has convention let us consider what will happen. created these defections ? Why are these Tomorrow if the Congress loses its majority in defections taking place ? What induces them ? the Centre and any non-Congress Government Ii a poor Government official takes four annas which is there will follow this convention. as a bribe we catch him. The man who gives And so who will be butchered ? The Cons- the bribe and the man who takes the bribe, titution will be butchered firstly. Then any both are deemed to have committed an party in power at the Centre WJD indulge in offence ui'der the Indian Penal Code. But in this convention in hatching a conspiracy and politics tig people give bribes and big people installing a Government of their own in the take bribes but that is no criminal oifence. State. And it will be giving abundant powers That is a paradox. Whoever encourages Io the Governor which the Constitution does defection, whoever encour-?ges bribery, it is a not give. The third thing is the military and danger about which I must warn. the civil service will always consider themselves superior than the elected I must tell the Government here in Delhi representatives of the people. They will say, that today the whole of Bengal is aggrieved 'We can do anything and every thing and the and agitated not because the AJoy ultimate say lies with us'. How do you find the Mookerjee's Ministry was so popular or it has police officers of West Bengal who till the gone—still it had given the people of Bengal other day were loyal to Mr. AJoy Mookerjee an image of a good Government and had have today become loyal to Dr. Prafulla inspired their confidence in spite of many Ghosh and the Governor miseries—but they are again in the 935 Proclamation by President in [RAJYA SABHA] and dismissal of UF Ministry 936 relation to Haryana in W. Bengal

[Shri D. L. Sen Gupta.] of the Governor are related. If he discharges land of the Congress Government. Dr. FJ his functions as a representative he discharges afulla Ghosh is nothing. The Congress them as a functionary. If he discharges his Government that the people had out-voted is duty he does it in the capacity of an agent and coming back. For 20 years the people of if he exercises his power he does it in the Bengal have seen that the Congress was an capacity of a trustee. embodiment of corruption. This UF SHRI BHUPESH GUPTA : In short, Government was an embodiment at least of whatever he does is right. Is that your honesty. There may be many faults and I am centention ? not going into those details but an image had been created and that image has been SHRI T. CHENGALVAROYAN : I would destroyed. That is why the people of West very much implore my esteemed friend, Mr. Bengal are aggrieved and agitated Therefore Bhupesh Gupta, that il is high time even in his the only corollary, the only logic is that this present age ihat he lives to learn some new Government led by Dr. Prafulla Ghosh be things pnd unlearn some old things. I hope I dismissed and let there be fresh elections. will hav? his patience and that his interruptions may not come to zoological SHRI T. CHENGALVAROYAN extent. Sir, I was on my thesis as it were on (Madras) : Mr. Vice-Chairman, T rise to the triple functions of the Gove.-ror, as a support the motion moved by Government in representative, as aa agent and as a trustee. I the matter of Haryana affairs and oppose the am not concerned so much with the question motion of my esteemed comrade, Mr. Li what s-iheres of action these three Bhupesh Gupta . . . functions can coalesce. There are occasions jn the very delicite discharge of the duties of the SHRI BHUPESH GUPTA : Why ? Governor when these triple functions get SHRI T. CHENGALVAROYAN : ... in coalesced but in the present case under review relation to West Bengal. When I make my may I most respectfully invite the very kind submissions I will endeavour to make them not consideration of the House to certain in the spirit of a party politician but more as a important provisions of the Constitution that constitutional lawyer being convinced of the have a vital bearing for an appreciation of the constitutional propriety of !the two steps that respectHe role.-; of the Govt mor ? In the first have been taken in the two States and that they place may I most respectfully draw the kind : are absolutely tenable constitutionally. In atten-t on of this House to article 1P9 which making my submission, Mr. Vice-Chairman, embodies what we call the terms of the oath may I, by way of preface, submit for the very of the office? It is very signifi-tant and let me kind consideration of the House that the role of read it. It is stated: a Governor has got triple aspects under our "... I will faithfully execute the office of Constitution ? In the first place the Governor is Governor and will to the best of my ability a representative; secondly, he is an agent and, preserve, protect and defend the thirdly, he is a trustee. He is a representative so Constitution and the law . . . far as the discharge of the functions under the Constitution on behalf of the President of the SHRI BHUPESH GUPTA : Whal is the Republic is concerned; he is an agent in so far oath for the President ? as he discharges the duties entrusted to him and he is a trustee so far as the preservation, SHRI T CHENGALVAROYAN : May I protection and defence of the law and the request my friend, Mr. Bhupesh Gupta, to take a copy of the Constitution and follow Constitution are concerned. Accordingly the faithfully my exposition ? powers, duties and functions SHRI BHUPESH GUPTA : I know it. 937 Proclamation by President in [23 NOV. 1967J and dismissal of UF Ministry 938 relation to Haryana in \y. Bengal

SHRI T. CHENGALVAROYAN : I invite upon the Governor under article 359 wherein the attention of my friends, particularly of Mr. he has to make a report to the President, as an Bhupesh Gupta, to the expression used in agent of the President, about a situation under article 160 and also the expression used in which the Government of the State could not article 163. In article 160 it is stated that the be carried on according to the Constitution. It President may make such provision as he is a too well-known fact and there can be no thinks fit for the discharge of the functions of doubt about it that the situation in Haryana the Governor of a State and in article 163 it is had been developing so dramatically that it said that there shall be a Council of Ministers was not possible for an appreciation or even which the Chief Minister at the head to aid an anticipation that the Government would be and advise the Governor in the exercise of his carried on according to the Constitution. functions. I want to rely very strongly on the What do we find? It was really a strange usage of the expression 'discharge of the political phenomenon that a member of one functions' in article 160 and in article 163. I Party becomes a member of another Party. yield to none, not even to my friend, Mr. My friend, Mr. Bhupesh Gupta, asks, what is Bhupesh Gupta, that under article 163 the dis- wrong in crossing the floor ? I understand the charge of the functions by the Governor must ethical excellence of crossing the floor, but be only on the advice of the Council of when that goes to diabolical dimensions that a Ministers, particularly the Chief Minister, but person crosses and re-crosses and again may I request him in all humility but with crosses and again recrosses, with this kind of great force to appreciate the construction and vacillation, this kind of oscillation in regard to juxtaposition of article 160 ? Under this the political allegiance, there is a breakdown provision the Governor in the discharge of his of the Constitution. functions has to follow the direction under article 160. And with regard to the discharge SHRI BHUPESH GUPTA : Does it mean of his functions he has to be aided and advised that the Governor should act like a by the Council of Ministers, particularly the headmaster ? Chief Minister. Suppose a situation arises where a conflict is emerging between the SHRI T. CHENGALVAROYAN : I am fulfilment of the direction of the President as sure that in such a situation the position of the reflected in the oath of his office and the Governor is to report that there cannot be any acceptance of the aid and advice of the possibility or even any probability for the Council of Ministers. What should be the continuance of a constitutional frame of admi- conduct of the Governor is the constitutional nistration. What was it that Haryana politics query that I am sure Mr. Bhupesh Gupta, after had indicated? Appointment causes affection the heat of the moment is over, will calmly and disappointment causes defection. Now, if reflect and try to understand it. that is the phenomenon in Haryana politics, how else can the Governor discharge his duty, Now, may I step on, with your leave, to the if he is not to report to the President ? And, point at issue ? So far as the question of the therefore, with reference to the episode in role of the Governor is concerned, acting as a Haryana, I should very respectfully submit representative, he has got a function, if he acts that what has been done has been well done as an agent he has got a duty and if he is a and nothing could have been better done. trustee he has got a power. Now, with reference to the two cases that are on hand, in Now, when I come to the case of West the case of Haryana the question is not with Bengal, I submit with a certain amount of reference to the function, not even with anguish, though not with anger, that the reference to the question of power. It is a case position in West Bengal is not a case of the of the exercise of duty and that duty is cast discharge of a function, nor is it a case of performance of duty. I submit, with very great 939 Proclamation by President in [RAJYA SABHA] oni dismissal of UF Ministry 940 relation to Haryana in W. Bengal

[Shri T. Chengalvaroyan] Therefore, it is not as if the founders, fathers respect, it is a case of exercise of power. Now, and the framers of our Constitution have used my friend, Mr. Bhupesh Gupta, can at once this expression in vain. They have used it with ask me and jump at me from his seat. Is there a far-seeing vision and we have to understand a provision in the Constitution for the dismis- what this expression "during the pleasure" sal of a Minister ? I say in as much emphatic a means. It occurs in article 310. It occurs in tone as he commands that there is no article 75 and in article 76. Now, in all those provision in the Constitution for the dismissal cases you will be pleased to find that the of a Minister or even a Ministry. But may I question of the duration of the pleasure is con- most respectfully, and with all the respect I ditioned by certain other circumstances which can command for his exuberance, ask him for the Constitution engrafts either in article 310 the provision where there is any tenure of or 75 or 76. But you will find in vain whether office fixed for the Minister ? We have under there is any such engrafting or limiting or article 56 a tenure for the office of the regulating of the provision with reference to President and under article 156 a tenure for article 164. We are, therefore, left with this the office of the Governor. I submit with very constitutional position that there is no tenure great respect that our Constitution does not fixed in the Constitution. No regulation about fix, and I think very wisely does not, fix a the duration of the pleasure of the Governor tenure or fixity for the period of a Minister. can exist with the result that we have to measure the period of the duration of that SHRI BHUPESH GUPTA : What does it pleasure. I submit with very great respect that show ? the appreciation of the position about the duration of the pleasure is dependent upon the SHRI T. CHENGALVAROYAN : I think realisation of a Governor that he is no longer Mr. Bhupesh Gupta has many virtues, but he able, in terms of his oath of office, to must develop the virtue of patience. Now, I preserve, protect and defend the Constitution. was submitting this point that there is no In other words, if I may paraphrase it, if the provision of tenure of office for the Ministers Governor comes to the conclusion honestly under the Constitution. Does it mean, there- and on an objective appreciation of the facts... fore, that ipso facto the Ministers are irremovable ? I know from my experience that SHRI BHUPESH GUPTA : Shall I ask a certain Ministers are immovable, but I do not question ? submit that they are irremovable. They are SHRI T. CHENGALVAROYAN : . . . and removable under certain political, certain on subjective satisfaction finds that he is not constitutional and certain general conditions able to preserve, he is not able to protect, he is which will have a vital bearing on the not able to defend the law and the Constitution. Now, in that context, may I Constitution, he must act. request you for a consideration or reconsideration of the provisions of article SHRI BHUPESH GUPTA : May I ask him 164. It says : — a question ? Will you elaborate it kindly ? I think I can address him through you. "The Chief Minister shall be appointed by the Governor and the other Ministers SHRI T. CHENGALVAROYAN : He can shall be appointed by the Governor on the come and consult me later. advice of the Chief Minister, and the Ministers shall hold office during the SHRI BHUPESH GUPTA : Why are you pleasure of the Governor :" afraid ? Now, this expression "the pleasure of the THE VICE-CHAIRMAN (SHRI AK-BAR Governor" occurs in three other important ALI KHAN): He is not yielding. articles in our Constitution. 941 Proclamation by President in [23 NOV. 1967] and dismissal of UF Ministry 942 relation to Haryana in W. Bengal

SHRI T. CHENGALVAROYAN : I am not SHRI T. CHENGALVAROYAN : Mr. afraid in the least... Vice-Chairman, I should certainly submit that even in the case of the President of the SHRI BHUPESH GUPTA : He has asked Republic if he is satisfied so many questions and propriety demands that I should seek elucidation from him. He THE VICE-CHAIRMAN (SHRI AK-BAR should yield. ALI KHAN) : That is not under discussion. THE VICE-CHAIRMAN (SHRI AK-BAR SHRi BHUPESH GUPTA : Pandit ALI KHAN) : He is not yielding. Jawaharlal Nehru came here and said that the President of India has no more power than the SHRI BHUPESH GUPTA : Mr. Vice- British Crown, that he cannot do any such Chairman, ask him whether there is an thing. When Dr. Rajendra Prasad raised the identical provision with regard to the Union question, it was discussed by legal luminaries. Council of Ministers in relation to the You were present and you also held that view. President and whether the Council of It was discussed here. Not only then but at the Ministers at the Centre shall hold office time of the last Presidential election when the during the pleasure of the President. Does it issue was raised whether the President has the follow then that the President can dismiss the power, some people of the Swatantra Party Union Council of Ministers ? and others said that the President has no power. The Congress Party... SHRI T. CHENGALVAROYAN : I will SHRI VIDYA CHARAN SHUKLA : Why come to that. If the President is satisfied that does he not allow anybody else to speak ? he cannot any longer protect and defend the He is always interrupting. Constitution, he can dismiss even the Union Ministry. (Interruption.) SHRI BHUPESH GUPTA : The point is this. SHRI BHUPESH GUPTA : No no. You THE VICE-CHAIRMAN (SHRI AK-BAR cannot raise a legal point. Why is he ALI KHAN) : We have heard you. pretending that he is a very learned man and at the same time would not face a simple SHRl BHUPESH GUPTA : Please question ? He has read out a number of understand it. This is a settled thing accepted articles. I know the Constitution and I have by the Congress Party. It is a strange thing to got it even by heart. Now you read it. Take the hear this Congressman saying that the copy of the Constitution. Ask him how does President can dismiss a Union Council of he understand it. If the President at the Centre Ministers. T would like to know how many of can dismiss the Ministers perhaps he would be these gentlemen share his view. justified in saying that the Governor can also THE VICE-CHAIRMAN (SHRI AK-BAR dismiss them, but I believe you will not say ALI KHAN): Mr. Bhupesh Gupta, sit down. here that the President can dismiss the Union You must please learn to listen to things with Council of Ministers by the exercise of his which you do not agree. discretionary powers. SHRI BHUPESH GUPTA : A man would not be an intelligent person if he does not SHRI T. CHENGALVAROYAN : I simply react to certain absurdities. mean that there is a provision in the Constitution that the Union Council of SHRI T. CHENGALVAROYAN : I will Ministers hold office during the pleasure of only make a submission of one or two points the President. and finish. I was considering the question, Mr. Vice-Chairman, SHRI BHUPESH GUPTA : Double standard now. 943 Proclamation by President in [RAJYA SABHA] and dismissal of UF Ministry 944 relation to Haryana in W. Bengal

[Shri T. Chengalvaroyan.] CALLING ATTENTION TO A that there is no tenure of office fixed for the MATTER OF URGENT PUBLIC IM- Ministers under the Constitution. A similar PORTANCE situation arose under the Australian SITUATION ARISING OUT OF THE STRIKE OF Constitution. With your permission I shall WORKERS OF THE GOVERNMENT OF INDIA read a passage here which elucidates the PRESSES AT NEW DELHI AND FARIDABAD constitutional position there with reference to the dismissal of the Ministry and under what THE VICE-CHAIRMAN (SHRI AKBAR circumstances. It is stated : ALI KHAN) : We have got a Calling Attention notice, I call on Mr. Nand Kishore "The Governor General considered that it Bhatt. was his paramount duty to make provision SHRI NAND KISHORE BHATT (Madhya for carrying on the business of the country Pradesh) : I rise to call the attention of the in accordance with the principles of parlia- Minister of Works, Housing and Supply to the mentary government. The Governor situation arising out of the strike of workers of General was also of opinion that in granting the Government of India Presses at New Delhi a commission for the formation of a new and Faridabad since the 22nd November, administration his choice must be 1967. determined solely by the parliamentary THE DEPUTY MINISTER IN THE situation". It goes on to say : MINISTRY OF WORKS, HOUSING AND SUPPLY (SARDAR IQBAL SINGH) : Sir, "In the absence of such parliamentary should I read it or should I place it on the indications as are given by a defeat of the Table ? It is a four-page statement I have no Government in Parliament the Governor objection to read it if desired. General endeavours to ascertain what the situation was by seeking information from SHRI M. P. BHARGAVA (Uttar Pradesh) : representatives of all sections of the House Let him read it. with a view to determining where the SHRI M. M. DHARIA (Maharashtra): Let majority lay and what prospects there were him lay it on the Table of the House. of forming an alternative Government". SHRI BHUPESH GUPTA (West Bengal) : SHRI BHUPESH GUPTA : Does it apply We can take it up tomorrow. here ? THE VICE-CHAIRMAN (SHRI AKBAR ALI KHAN) : I think you lay it on the Table. SHRI T. CHENGALVAROYAN : I will We will take it up tomorrow. [Placed in only conclude with this statement that the Library. See No. LT-2199/67.] action taken by the Governor in West Bengal as been constitutionally right, is tenable, but SHRl SHEEL BHADRA YAJEE (Bihar) : the question of the exercise of his power has But the statement should be read. to be considered in relation to what role that THE VICE-CHAIRMAN (SHRI AKBAR Governor played in that situation. I submit ALI KHAN) : At 5 P.M. tomorrow. Does the that he has not played the role as a House agree ? representative, he has not played the role as an HON. MEMBERS : Yes. agent, but he has played the role as a trustee under the oath of his office in the fulfilment of THE VICE-CHAIRMAN (SHRI the preservation of the Constitution. ALI KHAN) : The House stands adjourned till 11 A.M. tomorrow. I would only conclude by saying Ministries may come and Ministries may go, but let The House then adjourned at six minutes India go on for ever and for ever. past six of the clock till eleven of the clock on Friday, the 24th November, IPN—S 6—63 Rajya Sabha/67 1967.