Tuesday, April 18, 1978 Chaitra 28, 1900 (Saka) LOK SABHA DEBATES ( S i x t h Scrim) V o L x m ( A p r i l 5 (919, i 97S C h * l t r « 15 t o 1) , i f M I M >)1 Foarth Scttlo*, iyrB/rtfj i f (Pa/. */// cwurinfNtt. 31 —40) LOE SABHA SECRETARIAT N E W D E L H I CONTENTS N o. 39, Tuesday, A pril 18, 1978fChcdtra 28, 1900 {SAKA) Oral Answers to Question.’ . C o l u m n s •Starred Questions Nos. 760 to 765,768 and 769* 1—32 'Written Answersto Questions: Starred Questions Nos. 766, 767, 770 to 774 and 776 to 779- 32— 44 Unstarred Questions Nos. 7131 to 7266 and 7268 to 7319 * 44— 240 Papers laid on the Table . 240—41 Re. Calling Attention 241— 42 Public Accounts Committee— Seventy-third Report presented 242 Committee on Public Undertakings — Fourth Report and Minutes presented 242— 43 Committee on Private Members’ Bills and Resolutions— Sventecnth Report presented 243 Committee on Petitions— Third Report presented....................................................................243 Matters under Rule 377— (i) Reported Withdrawal o f Consent by Chief Minister o f Karnataka to the exercise o f powers by C.B.I. in the State Shri Kanwar Lai G u p t a ............................................................. 243—45 **(ii) Reported Delay in Supply of Enriched Uranium by U.S.A. for Atomic Power Plant at Tarapur Shri Hari Vishnu K a m a t h .................................................245— 46 (iii) Reported Drought Conditions ir. Manipur Shri N. Tombi Singh 246 (iv) Reported Threat to resort to strike by officers of nationalised banks Shri Vinodbhai B. S h e t h .................................................247 (v) Reported Fire in Indian Embassy at Manila Shri S. S. L a i .................................................................... 247— 48 •The sign -f marked above the name of a Member indicates that the question was actually asked on the floor of the House by that Member. (ii) Demands for Grants, 1978^79— Columns Ministry of External Affairs , 251— 68, 288—416 Shri Somnath C h a t t e r je e.................................................. 251— 56, 406—407 Shri Hari Vishnu K a m a t h ...................................................256— 64, 403— 404 ^ Shri Ram Prakash T r ip a th i.................................................. 264—68 Shri K. Mayathevar ....... 288— 94 Dr. Subramaniam S w a m y .................................................. 295—304,' 410 Shri C.K. Chandrappan ...... 304— 10, 405— 406 Shri C.M. Stephen ....... 310—21 Shri Krishan Kant ....... 321— 29 Shri K.P. Unnikrishnan ... 331— 40, 397—98 Shri U.S. Patil .... ... 340— 43 Shri Ratansinh Rajda ....... 343— 48 Shri Nirmal Chandra J a i n ..................................................348— 53, 412— 13 Shri Ram Jethm alani............................................................353—61, 409— 10 Shri Balwant Singh R a m oow a lia........................................ 361—64 Chowdhry Balbir Singh ...... 364— 67 Shri Shriknshna Singh .... 367— 72 Prof. P.G. Mavalankar ...... 372— 75, 401— 4 J2 Shri Chitta Basu. ....... 376— 77 Shri Atal Bihari Vajpayee . 377—97, 4 i4 ~ i5 Calling Attention to Matter o f Urgent Public Importance— Cyclone in Orissa— Shri Somnath C h a t t e r je e .................................................. 269, 271— 74 Shri Surjit Singh B a ra n a la.................................................. 269— 71, 274— 75, 278— 80, 284— 85, 287— 89 Shri Jyotirmoy Bosu . 275— 78 Shri Laxmi Narayan N a y a k ........................................ 281— 84 Shri Govinda M u n d a .............................................................285— 87 Business Adivosry Committee*-- Fifteenth Report presented 4 17— 18 LOK SABHA DEBATES i 2 LOK SABHA number of Commissions but it is un­ decided about the composition of the Law Commission It is rather an unfortunate factor that it is a prison­ Tuesday, April 18, 1978/Cha»tra 28, er of indecision here in this matter 1900 ( Saka) May I know, therefore, from the government when the Chairman and the Secretary were appointed and The Lok Sabha met at Eleven of the what are the formidable reasons for Clock the delay in the appointment of the IMr Speaker tn the Chair] other Members of the Commission? SHRi SHANTl BHUSHAN So far ORAL ANSWERS TO QUESTIONS as the Char man and the Member- Secretary were concerned, they were Appointment of Chairman and Mem. appointed a few months ago I* ' berg of Law Commission intended that the Law Commission + should consist of four members in­ *760 SHRI G M BANATWALLA cluding the Chairman The Chair­ man and the Member-Secretary have SHRI MUKHTIAR SINGH already been appointed The appoint­ MALIK ment of another Member ha& already Will the Minister of LAW JUSTICE been processed and approved by the AND COMPANY AFFAIRS be pleas­ Appointments Committee so that it ed to state will be announced within a few days So far as the fourth Member u» (a) whether Government have since concerned what I wish t0 say is that appointed the new Chairman and it is extremely important that a per­ other numbers of the reconstituted son who would really fill the role with Law Commission, and distinction has to be appointed There­ (b) if so the details ttereof? fore consultation with the Chair­ man of the Law Commission is going THE MINISTER OF LAW JUS­ on The Chairman of the Law Com­ TICE AND COMPANY AFFAIRS mission is trying to find out who (SHRI SHANTl BHUSHAN) (a) would be the most suitable person and (b) Shri Hans Raj Khanna, a for the fourth membership of the former Judge of the Supreme Court Commission As soon as that is com­ has been appointed as Chairman and pleted the appointment would be Shn P M Bakshi a member of the announced Central Legal Service has been ap­ pointed as Member-Secretary of the SHRI G M BANATWALLA It is very obvious that there is no satis­ reconstituted Law Commission factory reply to this particular point The question of appoiting the other Since a few months the consultations two Members of the Commission is are going on and this government is under consideration not in a position to appoint even four members of the Law Commission SHRI G M BANATWALLA This This is a very unsatisfactory state of government has appointed a record affairs We can understand that very 512 3 Oral Answers APRIL 18. 1978 Oral Answers 4 outstanding persons are to he appoint­ by my learned colleague. But this ed. That does not, however, mean long reply by the hon. Minister to tfcat the constitution of the commis­ the question does not satisfy the sion should go on in an unsatisfactory House. However, I would like to and piecemeal manner. May I know know from the hon. Minister whe­ in what time would this entire Com­ ther for constituting'such an impor­ mission be reconstituted? May I tant body, the Bar Council of India know what was the occasion for the has been consulted in the matter or re-constitution of the Law Commis- not. *on? SHRI SHANTI BHUSHAN: The SHRI SHANTI BHUSHAN: No, occasion for the re-constitution of Sir. the Law Commission was that a Law Commission is appointed for a term SHRI K. MAYATHEVAR: Law of three years. When the term of Commission may be dealing with the the three years of the previous Law law questions including the amend­ Commission expired, then the Law ment to the Indian Constitution. Commission was re-constituted. We, Therefore, what is the special quali­ at that time, decided that the Law fication for the appointment as a Commission should not be too large Member or the Chairman of thi3 Com­ a body. We, therefore, reduced the mission? Is it the High Court Judge membership to four including the or the working judge or the Supreme Chairman and the Member Secretary. Court judge or retired judge of the As I informed the hon. member just High Court or the Supreme Court. now one more Member’s name has been finalised. It has been processed. Because the person was over 60 years SHRI SHANTI BHUSHAN: The of age, therefore, some formalities Chairman and the Members could either be serving judges or retired had to be complied with. The ap­ pointment has been approved by the judges of the Supreme Court or the High Court or he could be a l«'gal Appointment Committee. Therefore, expert, a jurist, a professor of Law very soon, it will be announced. in a University of India. This is the So far as fourth Member is con­ field from which a person can be taken. cerned, the Chairman of the Law Commission had, after some enquiries, suggested a distinguished name. Shortly, thereafter, he informed the Case regarding Swadeshi Cotton Mills Government that that distinguished Ltd. person for some reasons, individual and personal reasons, was not willing *761. SHRI MOHAN LAL PTPIL: to come for the Law Commission. Will the Minister of LAW, JUSTICE Therefore, the Chairman is looking AND COMPANY AFFAIRS be pleas­ out for another person because the ed to refer to reply to Unstarred Chairman is anxious that a really Question No. 2853 on 14th March 1978 distinguished person who can really regarding Delhi High Court orders perform an important function in the on Appointment of New Directors of Law Commission should be selected. Swadeshi Cotton Mills and state: Therefore, he is in the process, he has not yet been able to select that (a) the outcome of the Petition for fourth person, after he selects, and Special Leave to Appeal under Article suggest to us, then we will process the matter. 136 of Constitution along with Applica­ tion for stay of operation of the order SHRI MUKHTTAR SINGH MALIK: of High Court filed in the Swadeshi I fully support the observations made Cotton Mills Co.