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.