-
PtfttSeriw V «l tX V -N o. t . JM aW t Cktot e a& i f j
tKartUm 3,
LOK SABHADEBATES
(Eighteenth Seaiion)
(Vol. LXV contains Nos, 1—9)
LOK SABHA SECRETARIAT NEW DELHI
Price 1 £ 1. 2.00
Tuesday, November 2, 1976 Kartika 11, 1898 (Saka)Fifth Series
Vol. LXV. No.8
-
C O N T E N T S
No. 8—Tuetday> November 2,1976{Kartik* n , 1898 (Sofa).
Papers Laid on the Table
Committee on Papers Laid on the Table—(z) Minutes—laid . . .
.(a) Fourth Report—presented .
Public Accounts Committee—233rd, 236th and 237th
Reports—presented
Committee on the Welfare of Scheduled Castes and Scheduled
Tribes—
58th Report— presented.
Constitution (Forty-Fourth Amendment) Bill— Motion, to pass, as
amended
Shri H. R. Gokhale
Shri D. N. Tiwary
Shrimati Subhadra Joshi
Shri Syed Ahmed Aga .
Shri Chandrtka Prasad
Shri Dhamankar .
Shri Narsingh Narain Pandey
Shri M. Kalyanasundaram
Shri Chintamani Panigrahi
Shri Sukhdeo Prasad Verma
Shri M. V. Krishnappa .9hri Ram Hedaoo
Shri Chandra Shailani
Shri L. D. Kotoki
Shri Ramshekhar Prasad Singh
Shri Mulki Raj Saini
Shri Biswanarayan Shastri
Shri Amarnath Vidyalankar Shri Nageshwar Dwivedi Shri T. D.
Kamble
Qolumni
1-13
*3
13— !14
14
. 15—20*
13,184— 192
17—20
30—27
28—31
3 1 -9 3
3 4 -4 0
4 0 -^ 5
4J— 49
4 H J J5 | -# 6J6—
-
( f i )
Columns
Shri Ram Bhagat Pamran .................................... 9o—9
4Shri B. K. DasdwwP. G. M
avalankar.......................................................139—143Shri-Swami
B ra h m a n a n d
ji..................................................143— 146
$hfi C. M. Stephen . . . . . . 146— 151
« $hrivVayalar R a v i
...............................................................151—
154
jShriS. A. Kader . . . . . 154— 156
.Shri R. V.
Swaminathan..........................................................156—
159
Prof. S. L. Saksena . ' . . 159— 164Shri M. C. D a g a
............................................. . 165— 167
§hqi R. R. Sharma ' . . 167— 168
-
LOK SABHA DEBATES
LOK SABHA.
Tuesday, November 2, 1976/Kartika 11, 1898 (SaJea)
The Lok Sabha m et at Eleven o f the Clock
[M r. Speaker in the Chair]
PAPERS LAID ON THE TABLE
Statem ent re. delay in laying A n nual A ccounts of Cochin P
ort
T rust for 1072-73
THE MINISTER OF SHIPPING AND TRANSPORT (DR. G. S. DHILLON); I
beg to lay on the Table a statement (Hindi and English versions)
showing reasons for delay in laying the Annual Accounts of the
Cochin Port Trust for the year 1972-73 and the Audit Report there-
on. [Placed in Library. See No. LT- 11469/76].
T a m il N adu U rban Land (C kunq and R egulation) R ules, 1976
and N otifications under Ta m il NAdu T o w n and C ountry P
lanning Act,
1971
THE MINISTER OF STATE IN THE MINISTRY OF WORKS AND HOUSING (SHRI
H. K. L. BHAGAT) I beg to lay on the Table—
(1) A copy of the Tamil Hadu Urban Land (Ceiling and Regulation)
Rules, 1976, published in Notification No. S.B.O. A / 283 (a)/76
(G.O. Ms 1641) in Tamil Nadu Government Gazette dated the 7th
August, 1076 under sub-section (8 ) of section 40 o f the Tamil
Nadu Urban Land (Ceiling and Regulation) Act, 1976 read wUK
clause (c) (iv) of the Proclamation dated the 31st January, 1976
issued by the President in relation to the State o f Tamil
Nadu.
(2) A statement (Hindi and English versions) explaining reasons
for not laying the Hindi version of the above Notification.[Placed
in Library. See No. LT-11470/76].
(3) A copy each of the following Notifications under
sub-section(2) of section 123 of the Tamil Nadu Town and Country
Planning Act, 1971 read with clause (c) (iv) of the Proclamation
dated the 31st January, 1976 issued by the President In relation to
the State o f Tamil Nadu:—
(i) G.O. Ms 652 published Sat Tamil Nadu Government Gazette
dated the 7th May,1975 containing—
(a) The Preparation and Sanction of Detailed Development Plan
Rules;
(b) The Master Plan (Preparation, Publication and Sanction)
Rules;
(c) Application for Planning Permission Rules;
(d) The Planning Authorities (Association of persons) Rules;
and
(e) The Disqualifications fas being members of tba Tamil Nadu
Town and Country Planning Board or Planning Authorities Rtiten
[Placed in Library. Sec Net* LT-11471/76].
-
Papers Laid NOVEMBER 2, 1076 Papers Laid 4
[Shri H. K. L. Bhagat](ii) G.O. Ms 1871 published in
Tamil Nadu GovernmentGazette dated the 17th December, 1975.
(iii) G.O. Ms 932 published InTamil Nadu GovernmentGazette dated
the 23rd June,1976.
(iv) G.O. Ms 980 published inTamil Nadu GovernmentGazette dated
the 16th June,1976.
(v) The Planning Authority(Preparation and Submissionof Annual
Report) Rules,published in Notification No.G.O. Ms 1232 in Tamil
NaduGovernment Gazette datedthe 21st July, 1976.
(4) A statement (Hindi and English versions) explaining reasons
for not laying the Hindiversions of the above Notifications.[Placed
in Library. See No.LT—11472/76].
N otifications under Ta m il NaduC ooperative Societies A ct
1961 andA ccounts of N ational C ooperauveD evelopment C orporation
for
1974-75.THE MINISTER OF STATE IN THE
MINISTRY OP CIVIL SUPPLIESAND CO-OPERATION (SHRI A. C.GEORGE): I
beg to lay on theTable—
(1) A copy each of the followingNotifications under
sub-section(4) of section 119 of the TamilNadu Co-operative
SocietiesAct, 1961 read with clause(c) (iv) of the
Proclamationdated the 31st January, 1976 issued by the President in
relation to the State of TamilNfedu:—
(i) G.O. Ms 420 published inTamil Nadu GovernmentGazette dated
the 7th July,1976 making certain amendments to the Tamil Nadu
Co-operative Societies Bulat1963.
(11) G.O. Ms 422 published inTamil Nadu GovernmentGazette dated
the 7th July,1976 making certain amendment to the Tamil Nadu
Cooperative Societies Rules,1963.
(iii) G.O. Ms 426 published inTamil Nadu GovernmentGazette dated
the 7th July,1976 making certain amendment to the Tamil Nadu
Cooperative Societies Rules,1963.
(iv) G.O. Ms 427 published inTamil Nadu GovernmentGazette dated
the 7th July,1976 making certain amendment to the Tamil Nadu
Cooperative Societies Rules,1963.
(v) GO Ms 485 published in Tamil Nadu GovernmentGazette dated
the 28th July,1976 making certain amendment to the Tamil Nadu
Cooperative Societies Rules,1963.
(2) A statement (Hindi and English versions) showing reasonsfor
delay in laying the aboveNotifications.
(3) A statement (Hindi and English versions) explaining reasons
for not laying Hindi versions of the above Notifications.[Placed in
Library. See No.LT-11473/76].
(4) A copy of the Certified Accounts (Hindi and English
versions) of the National Cooperative Development Corporation, New
Delhi, for theyear 1974-75 together with theAudit Report thereon,
undersub-section (4) o f section 17of the National
Co-operativeDevelopment Corporation Act;1962. [Placed
-
5 Papers Laid KARTIKA 11, 1898 (SAKA ) Papers Laid 6
Tam il Nabb Coxmr F n s Rotocd (by Obdzr or Couiff) Rules,
1976
THE MINISTER OF STATE IN THE MINISTRY OF LAW, JUSTICE AND
COMPANY AFFAIRS. (DR. V. A. SEYID MUHAMMAD): I beg to lay on the
Table-—
(1) A copy of the Tamil Nadu Court Fees Refund (by Order o f
Court) Rules, 1976 (Hindi and English versions) published in
Notification No. G.O. Ms 1328 in Tamil Nadu Government Gazette
dated the 80th June, 1976, under section 78 of the Tamil Nadu Court
Fees and Suits Valuation Act, 1955 read with clause (c) (iv) of the
Proclamation dated the 31st January, 1976 issued by the President
in relation to the State of Tamil Nadu.
(2) A statement (Hindi and English versions) showing reasons for
delay in laying the above Notification.
[Placed in Library. See No. LT-11475/76].
N otifications under A ircraft A ct, 1934
THE MINISTER OF STATE IN THE MINISTRY OF TOURISM AND CIVIL
AVIATION (SHRI SUREN- DRA PAL SINGH):I beg to lay on the Table—
(1) A copy each of the following Notifications (Hindi and
English versions) under section 14A of the Aircraft Act, 1934:—
Ci) The Aircraft (Second Amend, ment) Rules, 1976, published in
Notification No. G.S.R. 978 in Gazette of India dated the 3rd July,
1976, together with an explanatory note.
(li) The Aircraft (Third Amendment) Rules, 1976, published
in Notification No. G.S.R. 1201 in Gazette of India dated
the 14th August. 1976 together with an explanatory note.
(iii) The Aircraft (Fourth Amendment) Rules, 1976, published in
Notification No. G.S.R. 1202 in Gazette of India dated the 14th
August; 1976 together with an explanatory note.
(2) Three statements (Hindi and English versions) showing
reasons for delay in laying the above Notifications.(Placed in
Library. See No. LT-11476/76].
P revention of F ood A dulteration (4th A m dt ) R ules,
1976
THE DEPUTY MINISTER IN THE MINISTRY OF HEALTH AND FAMILY
PLANNING (SHRI A. K. M. ISHAQUE): I beg to lay on theTable a copy
of the Preventive of Food Adulteration (Fourth Amendment) Rules.
1976 (Hindi and English versions) published in Notification No. G
SR . 1417 m Gazette of India dated the 2nd October, 1976, under
subsection (2 ) of section 23 of the Prevention of Food
Adulteration Act, 1954. [Placed m Libraiy. See No.
LT-11477/76].
R eport Re. Intake of SC/ST in Re cruitment and P rom otion zn R
ail
w a y s
THE DEPUTY MINISTER IN THE MINISTRY OF RAILWAYS (SHRI BUTA
SINGH): I beg to lay on the Table a copy of the Report (Hindi and
English versions) on the progress made in the intake of Scheduled
Castes and Scheduled Tribes against vacancies reserved for them In
recruitment and promotion categories on the Railways for half year
ending 80th September, 1975. [Placed in Library. Sea No.
LT-11478/76J.
-
7 Papers Laid NOVEMBm % 1678 Paper* Laid %
S w a w n ra i sh o w in g a c t io s nr G ov ern m en t o k v a
rio u s ASSU
RANCE n c. GIVEN IN LOK S abha.
THE DEPUTY MINISTER IN THE DEPARTMENT OF PARLIAMENTARY AFFAIRS
(SHRI B. SHAN*
KARANAND): I beg to lay on theTable the following statements
showings the action taken by the Government on various assurances,
promisee and undertakings given by the Ministers during the various
sessions of Lok Sabha:—
(1) Statement N:>. XLII—Tenth Ssaaion, i 97o-Fourth Lok Sabha
QO Statement No. XXXVH—Second Session, 1971
(iii) Statement No. XXI—Fifth Session 1972 (17) Statement No.
XX—Ninth Session, 1973(v) Statement N«. XXVI—Tenth Session,
1974(vi) Statement N >. XVIII—TWsIfth Session, 1974
V(vii) Statement N ». XXri—Tairteenth Sessnn, 1975 Fifth Lok
Sabha(vin) Statement No VI—Fifteenth Session, 1976 («*) Statement N
>• V—Sixteenth Session, 1976(x) Statement No II—Seventeenth
Session, 1976
[Pieced 1 it Library See. No. LT-i 1479/76].
N agaland T ourist V ehicles R ules, 1070
THE DEPUTY MINISTER IN THE MINISTRY OF SHIPPING AND TRANSPORT
(SHRI DALBIR SINGH): I beg to lay on the Table—
( 1) A copy of the Nagaland Tourist Vehicles Rules, 1970
(Nagaland Amendment Rules, 1970) (Hindi and English versions)
published m Notification No. TPT|MV|44|70(Pt) (2) inNegaland
Gazette dated the 14th August, 1976, under subsection (S) of
section 133 of the Motor Vehicles Act, 1939 read with clause (c)
(iii) of the Proclamation dated the 22nd March, 1975 issued by the
President in relation to the State of Nagaland.
(2) A statement (Hindi and English versions) showing reasons for
delay in laying the above Notification. [Plac
ed In L ibrary. See No. LT- 11480/76].
A n n ual R eport of G ujarat Stats Construction Corporation
Ltd., G andhinagar for the year ended 31st
Ju ly , 1975THE DEPUTY MINISTER IN THE
MINISTRY OF AGRICULTURE AND IRRIGATION (SHRI KEDAR NATH SINGH).
I beg to lay on the Table— f j
(1) A copy of the Annual Report of the Gujarat State
Construction Corporation Limited, Gandhinagar, for the year ended
31st JuJy,1975 along with the Audited Accounts and the comments of
the Comptroller and Auditor General, thereon, under sub-section (
1) of section 619A of the Companies Act, 1956 read with clause
(e)(iii) of the Proclamation dated the 12th March, 1976
issued by the President in relation to the State o f
Gujarat.
(2) A statement (Hindi and English versions) explain* tag
reasons for not laying the Hindi version of the
-
9 Paper* Laid KARTIKA 11, 1888 (SAKA ) Paper* Laid 10above
Report
(Placed in Library. See No. LT- 11481/76].
N o tificatio n s m a n s Expo ts (Q u a- isnr C onthol an d iN
fe& cnoN ) A ct, 1868 and Statem en ts re. P ackin g o r
Controlled cloth
THE DEPUTY MINISTER IN THE MINISTRY OF COMMERCE (SHRI VISHWANATH
PRATAP SINGH); I beg to lay on the Table—
(1) A copy each of the following Notifications (Hindi and
English versions) under subsection (3) of section 17 of the Export
(Quality Control and Inspection) Act, 1963:—
(i) The Export of Steel Tubes and Tubulars (Quality Control and
Inspection) Amendment Rules, 1976 published in Notification No. SO.
3417 in Gazette of India dated the 25th September, 1976.
(ii) The Export of Cast Iron Manhole Covers and Frames
(Inspection) Amendment Rules, 1976 published in Notification No
S.O. 3418 in Gazette of India dated the 25th September, 1976.
(iii) The Export of Small Tools and Hand Tools (Quality Control
and Inspection) Amendment Rules, 1976 published in Notification No.
S.O. 3419 in Gazette of India dated the 25th September, 1976.
(iv) The Export of Sewing Machines (Quality Control and
Inspection) Amendment Rules, 1976 published in Notification No.
S.O. 8420 in Gazette o f India dated the 25th September, 1976.
(v ) The Export of Cast Iron Soil Pipes and Fittings
(Inspection) Amendment Rules,, 1976 published in Notification No.
S.O. 3421 in Gazette of India dated the 25th September, 1976.
(vi) The Export of Electric Fans (Quality Control and
Inspection) Amendment Rules,1976 published in Notification No. S.O.
3422 in Gazette of India dated the 25th September, 1976.
(vii) The Export of Transmission Line Towers (Quality Control
and Inspection) Amendment Rules, 1976 published in Notification No.
SO 3423 in Gazette of India dated the 25th September, 1976.
(viii) The Export of Power Driven Pumps (Quality Control and
Inspection) Amendment Rules, 1976 published in Notification No. SO.
3424 in Gazette of India dated the 25th September, 1976.
(ix) The Export of Electric Cables and Conductors (Inspection)
Amendment Rules, 1976 published in Notification No. S.O. 3425 in
Gazette of India dated the 25h September, 1976.
(x) The Export of Diesel Engines (Quality Control and
Inspection) Amendment Rules, 1976 published in Notification No.
3426 in Gazette of India dated the 25th September, 1976.
(xi) The Export of Bicycles (Quality Control and inspection)
Amendment Rules,1976 published in Notification No. S.O. 34B7 in
Gazette of India dated the 88th September, 1976.
-
XZ Papers Laid NOVEMBER 2, M B Papers Laid ia
[Shri Vishwanath Pratap Singh]
k(z ii) The Export o f Coir Products (Inspection) Amendment
Rules, 1976 published in Notification No, S.O. 3428 in Gazette of
India dated the 25th September, 1976.
(xlii) The Export of Coir Yarn (Inspection) Amendment Rules,
1976 published in Notification No. S.O. 3429 in Gazette of India
dated the 25th September, 1976.
(z iv ) The Export of Coir Mattings (Inspection) Amendment
Rules, 1976 published in Notification No. SO. 3430 in Gazette of
India dated the 25th September, 1976.
Xxv) The Export of Non-baled Coir Yam (Inspection) Amendment
Rules, 1976 published in Notification No. S.O. 3431 in Gazette of
India dated the 25th Sep* tember, 1976.
[Placed in Library. See No. L T -11482/76].
[(2) A copy each of the following statements (Hindi and English
versions):
;
-
13 PAC Reports KARTIKA 11, 1898 (SAKA) SC & ST Committee
14
'No tifica tio n under C entral Excise R ules, 1944
THE MINISTER OP STATE INCHARGE OF THE DEPARTMENT OF REVENUE AND
BANKING (SHRI PRANAB KUMAR MUKHER- JE E); I beg to lay on the Table
n copy of Notification No. 287/76-CE IG.S.R. 862(E)] (Hindi and
English versions) published in Gazette of India dated the 1st
November, 1976, Issued under the Central Excise Rules, 1944
(together with an explanatory memorandum. [Placed in IXbrary. See
No. LT-11485/76].
11.01 he*.
COMMITTEE ON PAPERS LAID ON THE TABLE
(i) M inutes
SHRI NATHU RAM MIRDHA {Nagpur): I beg to lay on the Table
Minutes of the sittings of the Committee on Papers laid on the
Table held on 18th February, 21st April, 27th April, 10th May, 11th
May, 9th June, 24th June, 20th July, 21st July, 19th August, 29th
September and 18th October, 1976.
(ii) F ourth R eport
SHRI NATHU RAM MIRDHA:I beg to present the Fourth Report o f the
Committee on Papers laid on the Table.
11 .0S hrs
PUBLIC ACCOUNTS COMMITTEE
TW O HUNDRED THIRTY-THIRD, TWO 'HUNDRED THIRTY'-SIXTJK & TWO
HUN
DRED THIRTY-SEVENTH REPORTS
SHRI H. N. MUKERJEE (Calcutta—-North-East) : I beg to
present
the following Reports of Public Accounts Committee:—
(1) Two Hundred and thirty- third Report on Action Taken by
Government on the recommendations contained in their Hundred and
ninety- third Report on ‘Gift Tax' relating to the Department of
Revenue and Banking.
(2) Two Hundred and thirty- sixth Report on Action Taken by
Government on the recommendations contained in their Hundred and
seventy- fourth Report on ‘Cash Assistance' relating to the
Ministry of Commerce.
(3) Two Hundred and thirty- seventh Report on Action Taken by
Government on the recommendations contained in their Hundred and
ninety- fourth Report on ‘Import of Textile Machinery’ relating to
the Ministry of Commerce.
11.03 hrs.
COMMITTEE ON THE WELFARE OF SCHEDULED CASTES AND
SCHEDULED TRIBES
F if ty - eichth R eport
SHRI NIHAR LASKAR (KarUa- ganj): I beg to present the Fifty-
eighth Report (Hindi and English versions) of the Committee on the
Welfare of Scheduled Castes and Scheduled Tribes on the Ministry of
Shipping and Transport—Reservation for, and employment of,
Scheduled Castes and Scheduled Tribes in the services of Delhi
Transport Corporation.
-
com mute)* + N O V x tiB sa w e ( m i A m dt) b o i i $
1 L N b n .
CONSTITUTION (FORTT^FOUBTH AMENDMENT) BILL—contd.
THE MINISTER 0 7 LAW, JUSTICE AND COMPANY AFFAIRS (SHRI H. R.
GOKHALE); I beg to move:
“That the Bill further to amend the Constitution of India, as
amended,. be passed’*.
MR. SPEAKER: Motion moved:“That the Bill further to amend
the Constitution of India, as amended, be passed” .
Now, before I call upon the non. Members, I have to suggest that
since today’s debate is on the third reading, the scope being
limited, the speeches should not be too long. I have received a
very large number of requests from hon. Members to participate in
the debate. So, in order to accommodate all of them, I woul^
suggest to the hon. Members to confine their speeches to, say five
minutes. The scope is very limited and you cannot go into the
details.
PROF. S. L. SAKSENA (Maharaj- ganj): The Opposition
Membersshould get proportionate time.
SHRI D. N. TIWARY (Gopalganj): Sir, I would suggest that those
who
have not at all taken part in the debate should be given more
time.
•ft srw ft (
-
27 Constitution KARTIKA 11, 1888 (SAKA) (44th Amdfc) BW zS
bop* this axe of time-limit will not htt on those who win stand
up and ■peak against this BUI and explain its philosophical,
political, moral, legal and Constitutional aspects, to say why they
are opposed to the SOIL
MR. SPEAKER: Even philosophical, moral or other intellectual
approach should not call for a very ong speech. And the whole
burden >f my suggestion is that nobody ihould be debarred atfd
if Members sooperate and if they confine them- lelves, of course,
to relevant matters,! think 1 will be able to accommo- late all the
Members.
sft Ho ipto fiwnft : (#nw fa) | ] «n̂ T % 27-28
«Ft^2^?r5T w f^ rW g m m i x m senft SrtfV Ir |TOT «TR JTTfft |
I 27-28*rf srra WTsr STFfV arw,W % STyspf Sf>*> 5TRT ST̂ f ^
1
*rr m -m #«r?rfar srfcr frsft ?mt*®srr $ stw Pfdttsrr | i wtgt$
f, ?ft fo f % spjhtt % farerrsr % ffifanr ^ ?ft p t «ft# T? tfK
STfRTT JFf 331 VX
m : i
w it *rm Hrr fa v t
-
Constitution NOVEMBER 2, 1976 (44th Anult.) Bill 19
[«ft *t« ^irr%ftv t f t * « r r it iftr n u s f t ^ f a q
K(*nftOT) fa iN * |, ^ if *ft 59srpTir | 5,7 qgr «rnrm v t st^ %
fisfflft k f»r^ wYt faRr\ % ferir facrfir ^qsr r̂rf ĉr, ^ srtt a ^
n rr w*rr 3* ^ f %r^>n n s tp t^ q r« f t f t »it f «PVt n eft
fa \ i i f ?»rq % sfc^t r t | 1 s s fa v ^fagn^ n w % jpit l»Tp
^f^trrT(mfWTT) ^ spfnq^t«ft f t ^ r flflzr 5tp3f-{ 1
?n q fr Tffqr «TT |
«it»wt 5 »wt afrtft (^??fr :«?CTT«T *rft^ir, 2f tfsft 3ft v t T
9TfW t $ fa t *rf s fn ft^ w sw (tjifsite) fasr ?Ter t t TT3 ^ f t
*ftr 3ft v f fa ? ;# *7 *rf «ft sft«ft ^
^ ^ * ^ t % Hr̂ T
-
21 Constitution KARTIKA 11, 1898 (SAKA) (44th Amdt.) Bill 22
vw w t fs r far *rfrift * f t r j i f ,? f . f f w i f t
fafte JPTnT f qrc it? v$*rr *rrfrft g ft?«rg* art vfe£te*«f
arrcff s f tt \ r *ft srfr w Sffift i s *ft v i f t 3ft sfto W T
«PT qtf'WS far* *FR?T ^^rtrf w atftum *p t| tt:*h t^ irz t-£ $?£ tr
ff^ s frs ftT ^ $7$ ?f?r STT5T *PI5T
ff *§?T ^ *TTt srrrr, rfr ffsrrer *rt jfr^rrfasr *w5Fft 5
wffa?
wwsy «rftar, *rnr sft Trffsftsr |. ws $ farff ^ scrr^iR? | 1 ff
=ft
SET? S43r=ft £ fa W T W * ff ff f ̂ * tfftft *r Tft $, 3
-
a s Constitution HOVSNQM % 1OT# iM lh 44
[ 4 M S * *
fpflf W TT*|ta tflw % *rfrrf * fap fft f*tn«r qft q*ft *r$f
«tt?tt s i^ t * v f r f t »f nw ar*ff %
? fk *rtf fc jn n fop $ «*rt 1 tr^t w * 5T ft* w f t r*T«r<
q? ^ fa q u * * 1 asqf m fv**r q?t art f-.fecf «ft 3 ? ;* *
$>
-
O m M r KARTIKA 11, 1898 (SAKA) (44th Arndt.) BIR 26
fr ftw r « n »s * * t* ft r « f $ft? ftrfr f o r g rsw rfoM tT
fW W t v ft it% vufaflW T «rft tftfb? i f t w t f f f e f t t*ft
ffr® wrfo i f t t * % nw xv r v x ^ c r ^ f t ^ ¥ t e r ^ r m x o
t& otr&o iff wprrif m t nxtft *ff eft s?r% *1# «rf?r fearr
arnrr «tt i #«rrfeft 1 Pit $ a * srnrvitt*Rf(r % ^ f? ft
«rr»tf?ra?t *ft
ftwr an* *rf *ft *n w 3rrtr f a «FHT ?̂> TOT I tftT * t ^Tff
T^TT ^fw r *ft ^ i STT ftT̂ TT ^ lTf%5T «rfwWsi??r* =*>*! ^ *p^,
ffrv t q *
T̂RT T̂RT «ftT ?>T% ^̂ TT-ftf? wttt =anf?2r 1
f*r *rVfc ^t ^nr^r ^sr >ft *f vrqjiirsft w?r strr?r f 7 sttt
«ft wtww ^ e f t j ft? sr»Rrk ^ f^ f? T 7 t %* im x # tr=p qs%st
35Tf$ 1 1 3*^t#*F fr t ftr f * r ?n-?fe% r f» r ?t *w^hfir tft ^tsr
«rerr t̂tt^ ft? f*r^taff v r v r f msFsfarrr | *rr ?if¥| I ^ STT̂
'ft f ft? WRVt 5 *T cTTf v t*TRft «tt fa^rrr 5?r^TT ^rrf|Jr 1 aft *
ftifto % * ^ fo ff »r f ^ w r % ^ t r
q^5Tf? ^9T?T ^ eft *T*TC t *TT- *PTft 5T57T t t eft ? T T ^ t T
H ? t^ ft f>TT snrr qfcw? % ?ft*Tf t eft tftw ?nrr?ftT ^ % **xz
it it ?Tflf fh ff ^rrf Ĵr j flifPaftw^t3 ft ^Jt % f?TCT ^ftRTJflt
«PT g f t ^ r r f ^ , !tftv ^ ^ 8f W5TRT ^rprrM Tff^ « ftr ^ r «rc
i n m f t f w t «fr w t r w r arr^r 1 w ?rtf «ft *ftaf? «k Trar^t q
m f wr$ 1 Qm ft^n»r
-
27 Constitution NOVEMBER 2, 1976 (44th Amdt.) Bill a&
l ^ w wm*? w ff j
srt% | *n*r *rw vrr$, aft iw - $wnsr anrfa $ itr* tfm wm fa *ra
?*r vrrfcr % sror « f *prft |, aranra *ft t o ^ f, wqcrfonr wft̂ rt
*»pr fia*n »ptt | w n s t *p ^% fa * SScft *t Sf>**T 3TWT 35F 1
1
SHRI SYED AHMED AGA (Bara- mulla): Because of the dynamic
leadership of Shrimati Indira Gandhi, this Parliament got the
opportunity o f passling this Bill, and I am happy that I happen to
be a Member of this Parliament and get an occasion to participate
in the passing of this Bill. It is true that this is not the last
word on ganbi hatao, or on socioeconomic revolution, but it does
show the trend, it does give a direction to our future thinking and
to the tutuie plans of development that we are to undertake.
This is the third reading of the Bill We are adding the words
“socialist and secular” in the Preamble. We are strengthening the
unity and integrity o f the nation. We are ensuring Directive
Principles to become operative. We are safeguarding against
anti-national activities. We are providing that steps will be taken
by suitable legislation to secure participation of the workers in
the management. At the same time, we have also included fundamental
duties in this Bill.
Besides attending seminars and Symposia on this Bill—it was
introduced in September—during the inter-session period, 1 also, on
my own, had conversations and meetings with workmen, labourers,
tillers, those who pull out lotus roots from under water and the
craftsmen. There, an elderly man told me too things. One was that
it was because
of the freedom struggle that India was united. The other was
that "even though the leaders led us in the freedom struggle, they
went to jails. But we received flogging bullets and all type of
torture, because we could not be put into the jails. This was due
to the fact that the alien rulers could not afford to feed us in
the jails/’
After this, the elderly man asked me two questions. lie asked,
“Will you, Mr. Aga, give us the right to work?” He further asked,
“Will you, Mr. Aga, give us adequate living wages?”
These are the two questions, which I am transmitting to the Law
Minister. I hope he will answer these two questions to enable me to
convey his reply to those who asked the questions.
sit atfcjVT sw* («fainr) : sera 3ft, raja- afiwPT tftffcR1
fesPTF 5fTT T O *F-7rlT f ĵr?rr n w ffa jrmr*
so srfrnnRT 3??raT *r, fw7 «ft «rr vTtx w r vfur
-
29 Constitution KARTIKA 21, 1886 (SAKA) (44th Arndt.) Bill
30
tai % s o srfiw s tftoff % aforc % wwfaara «rr fc f t o ^*T^rrt
ytrftnft « * f t 3 lr **r
-
51 ConifituUon N ovem ber 2, im rt v t
^ w ^ s r a r i ?frtf5*rrvmwiTTr firfr ^ f w r *r % arr̂ r, * fh
firs)J
f*W3r v « # e f ,
-
33 Constitution KARTIKA 11, 1888 (SAKA) (44th Amdt.) Bill
34,
%Cf ft *mrvn«r qv*TffC.fW $, **t f®**§£t*ff i ft *t ferr r^sr ft
f •
“Destiny after destiny tumbles down. Revolution succeeds to
revolution Hindu, Pathan, Moghul, Maratha, Sikh, English are all
masters in turns. But the village communities remain the same. In
times of trouble, they arm and fortify themselves. A hostile army
passes through the country. The village communities collect their
little cattle within their walls, and let the enemy pass
unprovoked.”
ft firuR % s«r?sr ft far* ft titafosi?sfrc *to*rf*?wr sts?
sfopsrer ft f*pi ipj t fafa ft ar^n ^?ttt f fjp irra art finsrrr ft
tiwtsrr f w arr t$t £ w t t wr ft w t t tq lm n r | ? w r
vra 1J5T ft w & fw $ft t fa.?!ft ^rwtsR TfTTnrT ¥ t arp^ | ?
* fir *rfr t tit f^m*r ?3fewr wtf
i f * vt ^tt ?rr r̂ |, v% » S ^ i ft ^ft f< ^ | f̂ wr
v t u f itfm | ftp * s finfw ^ ftuft ift m «fft * r jm t t o
*nsft 1 1
a n r ^ fi^ r T ^ ftr W e r e sriq
-
35 Constitution NOVEMBER 2, 1974 (44th Arndt) BiU 36
l«ft « * & (
lt^?iftw r ^ t r $ift*Kft *>t wnr v $ f w
fiw rTVTrTT qfcrr i ^ Kit ^ rrr
-
Constitution KARTIKA 11, 1898 (SAKA) (44th Amdt.) Bill 3 *
WTOT W f T f ? 1935 %fS tftXf y s v ’thtt «nrr ’tt
%ftar 3 t fs n * r * f f f c r i f fw r c r w r * ? zw m x s if
w M i tnrr ^nmr iftr ?*nft wif wwt «fr I tn f t vn% % ftp? flwrnr
fNvfoft
i f «ff, sw tfr«ff ^ sq ft v m ftwr ^ rn fh s » tfta*! ^ *tft ^
ftwr «rr i r̂arfc in f * fa n »pt «tt1% *r y m fftr v t*t i
*nsfton*f%nv tffto p R l «ftr ^ if finm:*r#*iftw*T?T fc I xtft
qiT ^ i^IS 'R fW ? 3WR5T | I
■sOtt̂ *r$ gsnrr w «rrfV s ^ ^ h ft % * t* if f*rro>wr 5>
fsr^t s*r * h ̂ f^ rfrn r«f>y sirrsqr *r> $*hr v k i wrw *
«r
-
VOfcwfrWHvrt N Q V t M B V R 2, 1976 (4M h A rn d t,) B U I
4jfc
iWWW «rf»J
*rfa?r T̂?rr | fa ^r| f^ n tf «̂pt ff, ^* r a $ ., * * r * * ir
f in ftT O faarrcf *>> ^ *?r 5ir?r t̂, $ f i R T t fopirsrfl-
% sn*r ts t s r * ^ T f H ,5EPR ftp*?prV % m q ®(% IG> ^ «rfiRT
nr t f l t — 3T° srjTOpT * s m f a T ^ q j f t a s p le * *?r f * m
*»> wt$[ f
-
>4* Constitution KARTIKA U, 1888 (SAKA) (44th Arndt.) Bill
4%
'tm all topics, but no force outsidethis House can place
themselves above
'this House. That is our attitude, and that Is why, in spite of
all the negative features, some of which are veryseriou6, still my
party is inclined,feels it its duty, to give support tothis
Bill.
Some of the amendments givennotice of by my party were with a
view to give full dimension to the-aim.9 and objectives, to give
fuller•content and meaning to our democracy. We are now passing the
Constitution (Forty-second Amendment)"Bill, which at the time of
introduction was called the Constitution(Forty-fourth Amendment)
Bill. During these 26 years of the existence,the Constitution has
been amended41 times before.
We have now added the two concepts of “socialism” and
“secularism” . We have no Illusion that by addingthese two words in
the preamble,from tomorrow our country will beon the high road to
socialism. Buiwe are convinced of one thing, thatthe working class,
the peasantry, the Intellectuals, those who want to takeour country
forward, will agree withthe aim of socialism. The symptomsthat we
are seeing in our country,'the struggles that are taking place,are
to bring about the necessary socio-economic changes towards thegoal
of socialism. Ultimately, it is the toiling people who are going
to
''Build, socialism ^their co-operationIs necessary. They must be
rousedand they must be involved in the struggle against all the
forces whichare working against the idea of socialism. We have
chosen our ownpath. There is no need for us to imitate or copy from
any other country. But, at the same time, we mustbe humble enough
to learn from theexperience of other countries whichhave built
socialism, which havestruggled to build socialism. We mustknow who
are our enemies, not onlyfrom outside but also from inside.
The enemies of socialism inside willhave their links with the
enemiesoutside. So, if we want to build socialism, we must know the
economicfactors which are operating againstthe concept of
socialism. On thesepoints we may have differences ofopinion with
the ruling party, butwe are sure that {he ruling party alsowill
gradually change ag they have*been changing during the last
21years. So, with more experience,they will have to change. We
arenot opposed to all rights of property,that is a misconception.
Under socialism, private property necessaryfor the living of the
naan will be ensured. What we are firmly opposedto and determined
to fight is the private ownership of public propertyand the means
of production. That, is what we are against. If we failto abolish
private ownership of themeans of production, the word "socialism”
will only be an illusionThis is a very fundamental question.That is
why my party was so keenon moving an amendment in that direction.
It has been defeated. In ourexperience we have seen' that whatWe
say is never immediately accept* ed, it is opposed, but ultimately
it willbe accepted. We are confident ofthat That faith gives us
confidenceand courage to support this Bill. Ifnot this year, if not
this Parliament,another Parliament will accept it.The history of
our country will confirm it.
So, the means of production in thecountry must be nationalised
and the day will come when even our Congress friends will also be
agitatingfor it. Today I saw a news item thatsome Congress Members
are giving a resolution to the AICC for the nationalisation of
sugar industry! Sugar,texiiies. etc. should be nationalised.Where
is the difficulty? So, step bystep we must see that the
privatemonopolist control over the means ofproduction is abolished.
That is avery vital thing. That is why wegave some amendments and
foughtfor this.
-
43 Contttbttion NOVEMBER 2, 1976 ,
-
45 Constitution KARTIKA 11, 1896 (SAKA) (44th Amdt.) Bill
46/
mad separatist forces which are very active. The situation; in
Tamil Nadu It not as happy as you imagine sitting here. It is very
sensitive. All the benefits that we got after the imposition of the
President’s Rule are in danger of being wiped out. With these
words, I finish my speech.
SHRI CHINTAMANI PANIGRAHI (Bhubaneswar): Mr. Speaker, Sir, I am
grateful to you for giving me a chance to participate in this
debate.
The present decade in our country has been full of epoch-making
events. Our people bade good-bye to the forces of status quo-ism in
the great conflict of 1969 and, I think, we have bade good-bye to
those forces for all time to come. Since then, we have started on
our long march to establish a socialist order through democratic
means and processes to end poverty, exploitation and degradation in
our society and to keep ourselves, at the same time, abreast of
times. One feels privileged to find that after all this long period
of conflict, stresses and strains, today we are going to pass this
new amendment to the Constitution and I fee] privileged to get this
chance of participating in this great process that we are
undertaking.
The present amendment of the Constitution, I consider, is
another glorious milestone in our goal to achieve emancipation of
masses from long ages of penury, deprivation and poverty and to
build a new society. I consider that the unity and integrity of
India and the supremacy of Parliament, meaning thereby the people
of this country, are the two essential foundations of our
Constitution. By enacting these amendments, today, once again we
are taking a historic measure and strengthening these foundations.
Once Dr- Radhakriahnan, the great philosopher o f India had
said:
"Poor people who wander about,find no work, no wages and
starve,
whose lives are a continual sound of sore affliction and
pinching poverty, cannot be proud of the Constitution or the
laws.”
Therefore. I think, the steps that we are taking are m neeplrig
"with the times and the aspirations of our people. ' 1
Today, by adopting these amendments, we are giving primacy to
the Directive Principles of State Policy which aims at establishing
a just society, free from exploitation and various social
inequalities. The vast masses of our people who live below the
poverty line shall have more confidence in our political system,
party and Government as they will now find that their Constitution
is not something which is far away from them, that it is not
something like a deity which is to be merely worshipped in the
temples but that this is their Constitution, the people’s
Constitution and it is their instrument to improve their lot. They
will feel that with the help of the Constitution their
representatives are trying their best to fulfil the promises that
our party made to the people in 1971. In this light, I consider,
that today we are fulfilling the promises that our Prime Minister,
our party and our leaders gave to the people in 1971 which for
various reasons could not be implemented. Today, we are
implementing those promises given to the people.
This is what Pandit Nehru had said in the Constituent Assembly
on November 11, 1948. I quote:
“And remember this, that while we want this Constitution to be
as solid as a permanent structure as we can rrnke it, nevertheless
there is no permanence m Constitution. There should be a certain
flexibility. If you make anything rigid and permanent, you stop a
nation’s growth, the growth of living vital organic people.
Therefore, it has to be flexible."
-
47 Constitution NOVEMBER i, 1976 (44th Arndt) Bill 48
[Shri Chintamani Panigrahi]
Today, the Constitution has stood the test o f time. In the last
decade, whatever changes have taken place in this country, our
Constitution has imbibed them and it has tried to uphold the rights
and the aspirations of the people.
I come from a State where 1200 sculptors built the Konarak
Temple and spent 12 years to complete it. Like that, as good
sculptors, we have chiselled out 103 statues in the form o f
amendments m this grand structure of our Constitution that was
given to us in 1950 and even then this grand structure of our
Constitution stands in its grandeur and invites us again, and
again, to look >nto it and amend it to suit the needs and the
aspirations of the people Still, I think the Constitution maintains
its majestic grandeur and it invites us again and again to go to
the people and to look to their needs and, if anything is found
lacking, to complete it again in the form of other amendments. A
marching, vibrant nation is always restless and a Constitution
which represents its aspirations can never be static. In olden
times our people went to various places of pilgrimage like
Jagannath Puri, Rameswar and Dwaraka By man’s ingenuity, milestones
have been erected on the wav, but these pilgrims who traverse these
paths do not stop at every milestone to reach their destination Man
put milestones on the way only to measure the distance a pilgrim
has travelled Milestones are not millstones on his neck for him to
be crushed under its weight A nil grim who wants to reach his goal
will not be deterred from his march hy these milestones Our
Constitution is also not a millstone around our neck nor a
road-block When we achieved independence and set out to frame the
Constitution ours was a wholly feudal society and with the aid and
assistance of our Constitution and under its democratic processes
our people have fully broken
the stranglehold of feudalism in our society and countoy. We
have *lso taken revolutionary measures to break the stranglehold of
monopoly capital on our credit systems and various other means of
production.
It is relevant to ask, at this point whether the Constitution
that we have framed, the instrument which we have forged to break
the stranglehold of feudalistic economy or feudal society would be
Adequate for our society when we are passing through iemo- cratic
processes and when we have de. clared that we shall be a socialist
Be* public. We declared that we shall have a socialist Republic in
1976, after completing other phases of social transformation in the
last 26 years. This is a great and historic achievement, and I can
venture to say, if you will permit me, that we have entered a new
phase of our nation-building process and this second phase stands
committed to socialism which can be termed as second Republic To
compete this task, we may take another 24 years; let us try to
complete it by 2000 AD.
I was surprised to hear someone on the other side say that some
private citizens had framed the five-point programme and he is not
bothered about it I am simply astounded at the kind of knowledge he
has. New revolutionary ideas are always from private persons of the
Congress Party and they get into the national policies. The Prime
Minister herself declared the 20-point and five point as national
programmes. I think, therefore, that there should not be any
misgivings on this score. Our Constitution nQw stands commlHeeTtO
ensufE VoHcSrs*
the TfianaSSBCSjfT^Jo take caW SI th£' healthy growth of youth
and children.
I would like to conclude by quoting the prophetic words of the
great sage and revolutionary Shri Aurotvndo. He said
“India must be re-born, becauseher re-birth is demanded by the
future of the world.”
-
jfr VotigtStufien KARTIKA 11, 1898 (SAKA) (44th Amdt.) Bill
50
And be exhorted the countrymen:
“ Work that she may prosper; suffer that she may rejoice’1
Shri Aurobindo in his earlier days in a letter to bis wife, had
written that he has three madnesses and one of these madnesses was
that people see their country as a lifeless material object, in
terms of fields, forests and livers, but he said:
“I know my country as my mother and I worship and adore her.
*
Therefore, let us worship our country as mother, and let us
perform the duties that have been enshrined in tbe Constitution.
This is a new phase that we have entered. Let us make it a success.
I give full suport to this measure, and I am sure the country will
stand by it.
( ’T3T5T) :srsrar (w w t wwriter) fa«PTV VT * ^TfT 5** **
vtctt g, *f?v sr?r vt v» *t sr*r$raT vtttt £ x f r w t fa.?
w n r *ftft, fafsr *r*ft tfk ^^rsrrf ^rrf, fw gfi- argrr v x
v*rt t 1 frrerfv *?fVgrpr^ «ft WlftX* V*% sf?t W W W .tTT%, %fv?r
5* m tsr̂ r fwsfcrv %• ?m 3ft *f> fw TO ! , # Wfr vr faro | fv
?*n* 'sisTR *rert * £tv srfwsR ir
vt srrarwrvcrr vt *rs
-
5i Constitution NOVEMBER a, 1*76 (44tfc Auto,) BW
[sft snifcr jhtt* urf]
3nrarrf?r % awicar Pro? ^ | ftp r#* r w % fa * ?m?nr 5? t»wt
?fT3wr % ift |#?r irrorr 5f £, T3?T% fa * flPT ^ ^Tqt t
=ffrt g?^ TT >n T|f-1*rnf srfasrff t jm f a t f * w ^ TTfr
*mr | ^ 'ttIt 11 s*?w*r«rt3ff *?> ^r^T qiTT I fk^cT R % «FfT
gwrfi sstft jfeft * t ?t fa*rr
P«!% "*T eft Wg ^S*1 ?>TT fa5r«nr « f f *?r ^«rpr $>,
i*nft s ? m
z * tftff sft % fat* »fi jt? flfrar* r̂sfrsrsT
f a * r TTOT I I % fa ^ * tffftsr?Tf i ^ ?mfzrnTf *rr
*rcrtrr?r
srrcrr eft s&i
-
”53 Constitution KARTIKA 11, 1898 (SAKA) (44th Arndt.) BiU
5*
W T ffafT flft ^ W>tij
w w f f ^ ftn rr sftw rzw ^ sn E W cT T ^ »rn T | i f tw r v
tflPHRff jf T 8 R T I $fa?Ti?fa ftra% ^Pr $ * tt, «rara w r e r
irrfir *mft f ^ rift * * ?rr%3r s ft ff $ «ft*V f?ro*rr $ i
SHfarr % '^ i^ r g ft? t o r »ttntr ^ i
*rw r̂r«r Tr^rm % irHTfa1 ̂ itpt$$t*r T ^ 5TT9TT %flT*r ttstt g
fa tftsr fV s*nrVs w r s fK fafsr ^ n r «rr^«rfasrpr a ^ i^ r r * g
»nsreK t f k8pt fjR^sr *re> tft w |, ?f?vra
STSftOT fllVTO 5TTTT fft?*r ^ ? ? 3 T * m cnfa ^ r H so *f
-
Constitution NOVEMBER 3, 1976 (44«h A-Wdt.) BiU 56
TShd M. V. Krishnappa]^Secretary etc. are still there and it is.
they who execute our programmes,whether communist or socialist. Ii
is
. no wonder »lg is final? Not at all. Verv soon■ we will have to
go in lor more amendments. That is why there is I031C in the
argument of many of my friends
. here who said that we may re-casi the• constitution and have a
constituent
assembly for the purpose. Within 5 years there is going to be a
younger
.generation in the country; the leadership is going to fall into
the hands ofthe younger generation. The masses are getting
awakened; people arc getting enlightened; and our constitution
>must reflect their hopes and their as- i piratic ns.
The private property is somethingwhich should have a limit.
There should have been a limit fixed to private property. . They
did not do it in the constitution. When we have unlimited private
property on the oneside corruption will go on ^ke this. The big
industrial houses which had an amount of Rs. 20 or Rs. 30 croresas
assets during the time of our independence have now amassed Rs. 800
or Rs. 900 crores. It is also 'he same position with agriculture to
rome extent. The wealth of the countr.v and the means of production
(both in agri.culture and in industry) is concentrated in a few
hands in about ten percent of the population and the restninety per
cent still remain poor. Thelegal quibbling and constitutional
quibbling may go on between high courtsand supreme court but still
the problem of the have-nots in the countryhas not been solved. The
have-notsdemand employment, food, and so on. The haves do not want
to give awaytheir wealth. They want fundamentalrights to safeguard
their own interests.Therefore I say that these legal and
constitutional quibblings going on in the country regarding
fundamentalrights and so on are nothing bu< an impediment to
wealth flowing from the haves to the have-nots. The people
are awakening ,now and-the rich people are bound to go.
If Indira Gandhi had npt come onthe scene in 1969-70 the
Naxuliteswould have killed all the rich peoplein the country. They
started from oneplace and they went on killing people.It is
Indiraji who gave a halt to thismovement. She said, ‘I am going
todo it constitutionally, I am going to. doit peacefully, please
don’t take lawinto your own hands; we shall bringin the necessary
legislation.’ Thepeople are awakening. Their aspirations and their
wishes have to be reflected in the constitution and within 4 or 5
years we shall have a differentconstitution. With these words I
support the Constitution Amendment Bill.
*ft TT*r tfSWTqtrtar, n? firsr
afeirt r ? *r# 1 1 **w r *rsrrV?. f«R JTjff I I
srre srnirjtfr *■ srr? *ft sraf) faw?rr, kjst, tft? *rfr«fi vr
aft v fm ftT?r t. % fa* Sift**
ftrar ^ e?t a%»rr 1 stttw t«TT, 9? ?Tff f m i JT?
it f% ir* *rfa*rr?r ?r*rr *rfecr «ift ^ritft 3 * 3 3 * ffsftsrrT
% armtinter* fo m amnn 1 foqT tot 1 ir?rr q?r *rrwr«F3r ?*T jW
tTrfSwrSfe *r> vft fW t «r>?: sm cjfftfor fira tffarPT %
Xffoq if *ft«tf ^ 5
-
Constitution KARTIKA 11, 1*M (SAKA) (44th Amdt.) Bill 5^
t # f ,Tf t̂T «*n *” *ft
it*«tt wjer an*?* «rr v ffft aw av vW r 3*rrt # arrft t|^t ?rcr
?jv W rw tft « t«tw t vt fjprfar ^ v r ?rv& 1 1 *rtrft aft %
sf; *?r if
ŝrrar V ' *rtor & i frrer t*r 4 X * srvrt vi 5ft«PT ?tnT
iftx aft trr&p sirfav, mx*fx*;, *ftx ftg t *ftr *rt vnw %
v*raft* vn r f x ^ t im vt *itht arrifrT, ^ nfcrr »mft af, % <
«f
^ s t a r v t tf?ftsre fasfcrv % irrr «ft, ^ft?t* ssv t ssw s^ v
tt jy$-ftjfr «PTT ft I SRT *«VT *frT5*ar q? ^| f t ?*r tffaor vt
3TRt Tnir v r x£ ff. w it srrfa m*t tffaor v t t| ^ , faprv
-
KOVSMBKR 2, 1976 (44th Amdt.} Bill 60
£ * x w t f m ]
T W f ff f f l t f f q f f f f t I f lft 1 1 fW *^n T W f f f l
f f l l T M l in « ITt f f f t f f f i ( « * i m )f lw f U f f ircr
t i f s r t t a r t f txrm m ft | \ « m t a r v t i f f ? r w n$
?ft ift tffc rrtff vr fffufa *s«r w ftf1 1 * * * f f f | f c i f
7T*t % 's i *ig fit f i w £ x m m x t fft tft %ws v n fn iV wt o t
i i r t f * it« w fc t ffw r r f t n f f r fftft i
tffc trw ff *ft i n 8 * vsrftw t i f fI f t f u f f m rm *
f>, ig f* ? i f o r *f t , n f t ffW f q r r t r * f f « q i *
nf t f i f f f f w k i t f i 1 t f f i T i n* r f llf % ffRT ff g 1
f f r f ^ f 9 « i v t3 i f f j * Tnsirf % y r r e * , «ff^!TT m f a
* ff s i f t f w 'rrfwj; i i mv t m f f xm * x j r c t f a i r ar(q
f ff i f f fcr qft t^trar ff ^ ff q fift ti f * v i f ^ a ffofl 1
1
•wwr w rq irs T ir tf tira f f v t t jttct i i
«ft t w s f a - n r ^ t s f f f i n T f f t r c i * T f |
qfxqfaa f t *
t r r i v t $ * **rW?|T | t
9IT*JJTqT r*T ’
-
4Sx CoMtitoSton XAXtnXA 11, 1898 (SAKA) (44th Arndt.) Bill
6̂
^ftr finrr WT T^T I I m V&t W l W f i f t | I * * 3t
«|sft£?r*T« r t t a r * r f i s * i ^ r T » r ff $m f t r i f * m s
> « f t r i r * T * * * n r i t r f f*wf«r m * ^ 3ft f t w i
-
Constitution m V O 0 X R %, M $ J**th 4 m fc) » » * 4
«rr f «if>ffc p ff «ftT W f V> gfm fa itf * T « T |«ftr
^*r ^ sr*r «nw Ppif v n f fv*r arrfr f i 3 7 v> q » ft arte
?tsvt f a n amrr t «rr7T amrr 1 1 30 *rrsr v t strsnTfr $ srnrift
^9? 3f v t f
»rf*r, v f t t irr srft $ 5??w w r ff ^t i r k t Nt cprr
-sfrfcnTRv t sft9wr?rr ?r f t 1 *t*t aftsT 1 srrsr »ft
$r *fW w 3r *r*r % qt® ^qarrq sr*mt f 1 st«tt v t v n ^ t *r
?f*t v * firar srrJT w f fv n*r»? fr «yr^*r jftv^a f? jjr ŝrrcr *
r k
v nsfhr * f f * * R % f*w r ^r^rr !*r r f^f v aft tftn1 tw
rafttlg t f tr «*rtGrrafar
vt»? & t v t ?ftvfr
q * ?f T f i j j ftnsrr v t art v t W« n fswr ircrr,$ g s v r
tft aq «fa vrgrr
$ g # a **«r f fiMM f ifte f f o r t ? r w r ^ f,
-
65 Constitution KARTIKA 11, 1898 (SAKA) (dth Amdt,) Bill 66
,~T~ 'i'i ~ [,'U ~llRf mIT"I' +!"~"f. isrTmn'~U iftrfr 'liT
cliqr ~ ~
-
Constitution NOVEMBER 2, 1976 (44th Amdt.) Bill 68
[Shri Liladhar Kotoki]
of the Constitution. in order to showthe way where we are going
and inthat the insertion of these two words':Socialist Secular" are
very important.In our manifesto for 1971-72 olectionswe indicated
the various steps th
-
69 OmatitMtton KARTIKA 11, im (SAKA) (44th Arndt.) Bill 70
flflr $ , flw rc * * Tfc 1 1 M * tam r tfftaror * vpj?ff % * *
ft i l f f c w r * f t v w tar * v«%
tft ff «mft 1 m i ^ t fr % v r y r # arrav r r a r r^ r f 1 Srfv
* firnft w w tfift *ft«rcft ffo rcr nfeft % v * qffirarpr 5 tf
-
, 71 Constitution
[~rUlf 11Tii~sr~R 'ft~] ,
. ~ ~ li"f~''f mcft
-
73 qonstitution KARTIKA 11, 189& (SAK4) (44th Amdt.) BillJ
••• I . r ~ ; . t I . 74,
~ I. V ~cr~ lf~ 'l!~-lf ?fr~dT ~. ~ ~l1~~. ij'l1r~cri~ 'fir
rn.e:r;(f ~~ ~ cr~ CU~a'crIf ~(f ~+r'lcr~~@~T ~nia'T i
-
75 Constitution NOVEMBER 2, 1976 (44th ;tmdt.) Bill
["-'TT~~'tiT ~r'" ~hr]it ~.~ :a'~~~ar~"I:;;r~,n~-t:;'fi'
\iFf >r;(i[1!f JIFff ;:r1'1 q;-T 'lirl:f~'i ~ 1't
-
CongtitvHon KARTJXA 11, 1898 (SAKA) (44th Arndt.) Bill 78
prevailing in the western countries. But, however, in order to
maintain that character, we mu«t first try to remove superstition
and blind faith. 60 long as these things are there among the
people, no secularism can be achieved.
As far as education is concerned, it is to play a better role in
this direction. It is good that education has been placed under the
Concurrent List. In the textbooks, undesirable things have been
exaggerated according to the whims of the authors. It poisons the
mind of the young children. If the mind of the child is poisoned at
the formative stage, it is difficult to correct him.
*PJT:
Les8ons have to be prepared in a scientific way. It is difficult
to remove what has been once printed in the mind of the child.
Government should see that no hatred or prejudice against any faith
or religious group or community and region should find place in any
text-book.
In this context, X would refer to another clause, unity and
integrity of the country. It is good and it is desirable that our
country should unite and stand like one man. The integrity of the
nation, the unity of the country and the sovereignty of the country
should be maintained by all concerned. How can the unity be
achieved? Unless and until there is an equality to some extent, to
a reasonable extent, there cannot be any unity. To 31As- trate the
point, I may mention, the two pieces of iron can be joined together
when those two pieces are heated to the equal degree. If one piece
remains cold and the other is heated, then those two pieces cannot
be Joined together. This anology can be extended to all concerned.
Therefore, it should be our attempt to bring about eq u ity among
the people and among ihe regions. The economic imbalances of the
regions are also to be
removed. Only then we can hope that there will be real
integrity, the real unity of the country.
The Law Minister has presented this Bill. He has constructed a
great build. Ing. it is now for different Ministers to furnish it
with good equipment, with decent decoratives and such other things.
When it is done the building will be useful, so also the provisions
of the Constitution. I have already referred to the things to be
done*by the Ministry of Education, the Minis- try of Industry and
the Ministry of Home Affairs. The different Ministries can do many
things towards achieving our goals. It it is left only by passing
the Constitution Amendment Bill, nothing will be achieved. I wanted
to highlight those points and, I hope, the concerned Ministers and
the Ministries will pay their undivided attention to those
respects.
I support this Constitution Amendment Bill for the reasons I
have already stated. I am a common' man as I have stated. I do not
know the niceties of law, what clause is removed or what clause Is
modified. But I know that this Constitution Amendment Bill will do.
It has established once for all the supremacy and the sovereignty
of the House of the People, that means of the Parliament and for
that matter, of the people. An eminent saint of Bengal has praised
human being:
*rr^ =?w aqr «nr 1
In ultimate reality, the man is the truth. There is nothing
above the man. 1 |̂|
Another thing that this Bill has done is to remove the doubt in
the interpretation of the provision ̂ of the Constitution. Die
Constitution has to be correctly interpreted as It has been
Intended by the founding fathers of the Constitution.
Last but not the least thing is that this Constitution Amendment
Bill
-
79 Constitution NOVEMBER 2, 1976 80.
[Shr! Biswanarayan Shastri]
keeps in touch with the changing cir-cumstances and it fulfils
the hopesand aspirations of the millions of thepeople who. 'have
.been starving,' who.have been' deprived of their due, andwho are
under-privileged in the coun-try. For these four braad reasons,
Isupport 'and welcome this Bill warm-ly.
Regarding 'the integration of thecountry, i: would like' to. say
ane thingmore. There are two ways of makingintegration, emotional .
and cultural.As .everybady knows, the emotionsrise and fall. With
the events, w'iththe, changing circumstances, tIle emo-tions may
rise and the emotions mayfall. If we stress mare and mare
onemotional integration and neglect theother side, it will fail to.
serve thepurpose. Therefore, we should seethat there 'is cultural
integration inthe hearts of the peaple., That willlead us to. the
goal,
I wauld like to. conclude my speechwith the clarion -call given
by ourPrime Minister to. the people whichI Can repeat in the wards
of our anci-ent sage:
SHRI AMARNATH .VIDYALi}.N-KAR (Chandigarh):' Mr. Deputy-Speaker,
Sir, i support this Constitu-tion Amendment Bill. I regard if asa
very important landmark in 'India'shistory of Constitutional,
politicaland social develapment. I a'so re-gard .it as R very
significant land-mark in the brilliant and glorious re-cord of our
Prime Minister's. dynamicand decisive l~ad€l'ship. 'In the
pastdecade India has faced many prob-, 'lems and whenever ' we'-
faced anyseri;us problem, our Prim'e MinistQrdid not surrender
before it, but shehas taken decisi've measures and shehas tried to
salv~ th~ problem.' T!1isConstitution Amendment Bill is
inthe~a!rie
-
SI Con~titution 82KARTIKA 11, 1898 (SAKA) - (44th Amdt.)
Bill
ta~~~ measures in this direction bythe nationalisation of banks
and byg.iiJingpredominance to- 'public sec-tor. We have been taking
measuresin- this direction and we want ~9pro-ceed on those Iines,
Socialism of ourPar'ty has 'been the same since theKarachi
-Hesolution was passed underth~ 'leadership of Mahatma Gandhi.Since
then; ail the Congress leaders,whether Pandit Jawaharlal Nehru
orour present Prime Minister. or t:.ieother leaders, have given the
sameconcept of socialism to the ·country.T.q~refore, to try to say
·that the ':;0-ci~lism propounded.by our PrimeMihister is different
is not correct.The Congress - believes in' socialism'we" have
already taken measures inth~t direction: and we will proceed onthe
same lines. -
In this Preamble we have also added'another word, v,iz.,
'secularism'. Inth~ past many communal parties h.avetried to
exploit politics and tried tomislead people in the name of
reli-gion, in the Dame of language or inthe" name of parochialism.
-Now theywill be curbed and I expect that nopolitical party will be
allowed to beformed under- our election law, thatbases its ideology
on communalism orparochialism or linguism or any kindof tasteism.
By including the word'secularism' I think this aim alsoshould be
clear and it should be trans-lated in a manner that this country
ISfree' from these kinds of divisiveforces and divisive
slogans.
I am glad that by passing thisamendment-i-I am quite sure
thisHOUSewill pass it to-day-we 'wili begiving a- proper place to
-this Par lia-ment . and we - have.. accepted thesupremacy of the
Parliament, that theconstitution will not' be challenged'anywhere
outside -this Parliament.So, this is a great gain we will
beachieving by passing this amendment
Similarly, thE: Directive Principleshave . been -give-ntheir.
proper place.Property rights -and other rights will
not be a basis on which constitutionalamendments or the
constitution willbe challenged. This is also a greatgain.
I think similarly We have clearlyaccepted the federal idea. Some
mem-bers raised this question of the fede-ral idea. We have
accepted thefederal idea but we have also' conso-lidated Hie unity
of India. There isa very thin line between the two,but we have
accepted that this Indiais an entity and' one unity. By pro-viding
- cert.ain measures we haveaccepted the federal character of
theconstitution. We have given properfreedom to the States but we
havealso-declared that the country has toremain united and any
tendency todivide the country into various partswill be curbed and
'will not beallowed.
As you have now rung the bell, Ido -not have much -tirrre. I
thinksimilarly making education and manyother t/:ings as concurrent
subjects 15,also a good thing. We have not takenaway anything
from-the States .. Wehave only tried to help them and theCentre is
now' free- to go to the 'helpof the States also and give the
correctlead to the country, All this clearlyreflects the concept of
unity in diver-gence,
So I think this Bill contains manyelem'ents 'that should be
welcome andI think -iust as in the country peoplehave welcomed it,
we will also passit and this Par-liament will go downin history,
that they have taken theproper step at the 'appropriate timeand
given the constitution a neworientation that is·consistenj ';ith
th~needs of the country. to-day, .
SSi"; ~~~ f[;f
-
8? Constitution NOVEMBER 2, 1«76 (44th AmdU) Bttl 84
[tfurnhpre flrofr]
VTcrr
-
$5 Constitution KAZtTIKA 11, 18*8 iSAKA) (44th Amdt.) Bill
86
wnft, ^ % «rwn: «n: itft «PM fc fo r wm H I , f a r i f t * r f
i w f w *n r
m 1 m « r n r % w r ?rn* $ ? w *rw vt fazTTf r̂rffir wVt gsRr
*frfg*lr i frnr aft ftra tarrTOr |, w i *n% 3ft vt wiw ^ Wit $
firwnr ?> i «rw snr^wr ^ jftfmir qfT*i^r t o % ^ *rwrc v t
i& x i§ fft̂ RT *TT% i
* * ^rrm * t vw^r I ,
-
Constitution NOVEMBER 2 1976L '
88
r: __ [ ii~;rT~~t fj~qT]l..,..,'g11 'H "lft f) ~ IiCfr ~ I
~n:::~r~T 'fiPT~ wrrcri ml1rf;j{~ ~l 1:f \ifT .q
-
89 Constitution KARTIKA 11, iS98 (SAKA) (44th Amdt.) Bill
90.-.~T f",''3fifR 'fit ;:r~r-~ 'fi~iJT~ ?~ft!!p:fcrr ir)•..a:i'if
;;T~ ~T :qT~'rf(f~ ~ rfT+r~.~~ctltr ~ ;;Tlf q ~ zr~T:qT~ ~aT
~~l{~'~ ~f~{!; ~r fcf.aloit 'fiT'~~m~ ~f,,'tj ij- ~rn~">;:R'~
~~f~T ,!~r{m: ;j,'mT~ , ~l~~~lj" ~T ifir ~~ 'fi"-~ ~
f~-o:f~~rffi:~~1'fiTm'{rn~r~ ~~~q'c?i~.;;.t.f
-
9z * Constitution VOVJMBJSB 2, 1976 ? a t a w t fe * ft f t w r
srrer *f t % f « f t T v r % ? t M f > F r«rftw % r w f t v t f
* gw rar* w * ! $ f * > r T $ 1 $ * n r tfa s flr % f i r * * t
* f % w f v t
-
KARTXKA 11, 1898 (SAKA) (Hth Arndt.) mil
-
95 Constitution NOVEMBER 2, 1976 (44th Amdt.) Bill
. . [Shri B. K. DaschowdhurY]i. ~f' thes~ provisions ·iiJ.·this
.sm .wh~chis hride~ cbnsiderat(on, ~s now .gomgon but some people
started objectingthat there are certain basic changesin the
Constitution ... What are .. themain points of. their
qbjE;ct~ons.?: T~ey'have 'started objecting to the passingof this
Constitution Amendment Billquestio~ing . whether this .House.
hasg~t its ma~date? The Erosi.?ll o~Fundamental Rights, the-
EtoslOn of'J:ud~ciary, ",the ~xces~iye power; Irra-tionalities if).
the Second Part. of . theFund.amental Duty Chapter' that hasbeen
proposed 'to he, added, 'as some. of them have interpreted, are-In
c,qn-fiict with thess -Fup~a\ri.ental Ri,ghts
- .• ": • '! i;:;.., •and above all whether ·thlS ' Par'Iia-ment
'has" got this power?
_ Let '~s' discuss if ,on' the basis . ofthese' poirrts which'
have- been r~bed,by S~Rl~ .hon, . friends .. , lYIy fI;lendshave
aptly' said 'that this H~us~ has'got. the .mandate on the' oasis .
of the-programmes· of the -party- grv.en m1!r71. I lo p'Ot wan] to
refer to ,all'th~t~ . But if in order' to uphold, theConstifution',
in order to 'wdrk wlthmthe framework Cif this ConstitutiO'f-l-'in
th'e P~ea~ble it is said, ~'-to ~~c';lre. j~sti~~so~iai; economic
and politi-cal" -":if ''in the '.further'ance of '.secur-~ng
~ustioe-social; soonomic and .po-ti'car-cerlain changes are rriada
.: inorder to give relief to the poorer -sec-tions I do not know
where is the con-flict therein and where is the questionof mandate.
that comes in. The man-date is there. The moment thisHouse was
elected, composed of 526members, they have their boundenduty to
secure for the society justice--social, economic and political.
What are we going to do by thisamending process? They have
said,erosion of .fundamental rights. TheLaw Minister and other
members aL30explained that any laws passed inthe furtherance or the
directive pri'!1-ciples i,e. Chapter Iy of the Consti-tution,
should not be challenged on
. any of the grounds mentioned in
articles 'l4, 19 and 31. What are' ~l\ethings. that are-
,m~Fltioned,', jn . ~hedirective ·princ'iples.· The things
arebetterment of the society, welfare otthe people a~d in its
totality what-ever is' possible 'that is to' be aone., Iwould like
.to add one word here. ,Si)~ar, as those t,hin,gs which were
n?tbeing done, earlier are concerned, an,attempt has been made to
do them and~lso to see tha t tlie society' marchesforward' both in
the economic- spherearid politicai sphere 'and ~lso 1'0.
ttM~:,form' tire society .irito an egalitariansociei~., .c'ertain
ne';" clauses . havebeEm .a'c;lded for. this p~rpos~, \y~\~.ti.are
laudable', But some persons havefound- .fault with it.' . I dO' not
kn6\"what is their=argument.
Th~n let us take tha -ques,tiori, . 6!erosion' of the [udiciary.
Where. HIthe' point of erosion of the judiciary?No powers of the
judiciary have beencurbed. . Rather the' powers of ll;\e[udiciary
which were hitherto.' ~gtwell-defined have been .streamliI}cdand
well-defined, Nothing else' hasbeen. done. But';e have seen. out
'ofour e~periepc~s': what actuary l!~.gbeen the role of' the
judiciary in ourcountry. One after the other the judl-ciary .
tried, to interpret' the ,C~nstitn-tion in a i11anne~ they' wanted
to d~and even by one judge's point' bfview, either in the High
Court orSupreme Court," they wanted' to up-hold that, their views
were supremeand none else's. 'I'hough, We ,are ..
.inthis'democratic process and we b~-Iieve in "dernocracy and
adult.' fran-chise, yet the views- of the .representa-tives of the
people 'in this .House andin' the other Ho~s'e are not supreme,only
~he. judges"; views are supreme!This is. nothing .out,a -new
despotismon rthe part of the judiciary who de-liver judgments as H
they are theonly' kings :and rulers i~ this' 'countryand nobody:
else: cOrripleteiyignorihgthe will and.consent-ofths people whosend
the'ir- 'represe~tative~.· .to th'i~B:~use '(0' look after their
w'elia~e antIw~ll-b'eing.' Therefore,' the questionoi ,erosion of
the judioiafy does n.qth'oIdanY· ground, . . .
-
Cattitttittfcm KARTXKA 11. 1808 (SAKA) (44th Amdt.) Bill 9®
I have gone through one o f the articles published in the Indian
Express sometime before. About Fundamental Duties particularly,
they mention and I quote: "The challengesfollow the noble ideals
that inspired our national straggle for freedom.” Our national
leaders took part in the national struggle and they aptly have said
that there are certain inalienable fundamental right and those
rights, particularly referring to art. 14, 19and 31 are, somehow or
the other, being taken in view of the Directive Principles of the
State Policy of the Constitution. I do not know what is their
actual view point. If their view point is to stick to the law i.e.
the fundamental rights are fundamental rights, then those
fundamental rights are for whom? Those fundamental rights are for
the so-called higher echelons of the society, for the so- called
haves and not for have-aots. What is their grievance? The poorer
sections of the society, the vast multitudes of the country do not
consider that fundamental rights arc embedded in the Constitution.
They consider what their fundamental needs are. Their fundamental
•wed is that their hunger should be removed and their economic
conditions ameliorated. In view of these things, which one is to be
given more weight- age—the poorer sections who are demanding better
transformation of the society or those who are clinging to the
position that the fundamental rights should. be followed by this
country. The problems of the poorer sections are to be given more
weight- age. This position, in brief, seemed to have shocked many
people. I would only quote one of the observations of George
Bernard Shaw that it is not only necessary that some people should
have to be shocked but it is absolutely necessary that they should
be shocked very often and not occasionally, for the progress and
Prosperity of the country. With this view, these articles or
constitutional changes which are under consideration, are welcome
measures. There is2074 LS—4.
&o doubt about it. But I would only appeal to the hon.
Minister to consider one of the provisions. The hon. Minister has
mentioned that the increasing number of seats of the Scheduled
Castes and Scheduled Tribes has been frozen according to the census
figure of 1971. I have no quarrel with that. But I would request
the hon. Minister to consider and let me know after passing this
Amending Bill, whether it will conflict with the recently passed
Amendment Order of the Scheduled Castes and Scheduled Tribes. If it
conflicts, then it will certainly encroach on the powers whch have
been given undor that Order. The Constitution is supreme and any
act contrary to the Constitution cannot act properly. Therefore,
with reference to this Act, it should be given serious
consideration. I would also request the hon. Minister to give a
reply to this point. With these words, I support this Bill.
SHRI P. VENKATASUBBAIAH (Nandyal): Mr. Deputy-Speaker, Sir, I
rise to support the Amending Bill that has been brought forward by
the Law Minister. While introducing this Bill, the Law Minister has
aptly said that it is the finest hour in the post-independence era.
I entirely agree with his sentiments The nation is on the march
under the able leadership of our Prime Minister. Never in the
history of out country have we made ourselves felt as the emerging
leader of the new nations, and our voice is now heard with respect
in the world councils. This happy situation has been facilitated by
the fact that we are enjoying political stability in this country
coupled with economic prosperity.
I am really surprised at the attitude of some of the opposition
parties, who have run away from their sense of duty by not
participating in the historic deliberaions. At the same time, I
congratulate some of the other political parties and Independents
who have thought it fit, and I feel rightly so, to participate and
give their contribution for the passage of this amending Bill.
-
99 Constitution HOVSMB2R 2, i m (44th Auldt) JBitl ioc
{Shri P. VtekatinAbaiih)Democracy is a form of Government
where consensus emerges through discussion. It is not fair to
say that democracy will thrive only if there ia indulgence of
politics in the streets and confrontation.
This Amending Bill has asserted that Parliament is supreme to
make laws, to amend the Constitution. Parliament means the will of
the people. It is rightly said that Parliament reflects the
aspirations of the people. In order to remove some cf the stumbling
blocks that stand in the way of socio-economic revolution, it is
necessary that Parliament should reflect the real feelings of the
people and the Constitution should reflect the aspirations of the
people. As oui Prime Minister and President of the Republic have
aptly said, the Constitution is not sacrosanct, it is not static.
It needs constant changes so as to meet the changing needs of the
people.
Coming to some of the basic features, the supremacy of
Parliament has been asserted and the federal character of the
Constitution has been kept in tact, though some doubts were raised
with regard to the sending of the federal armed forces to the
various States in case there is 6ome trouble m those States. In
this connection, the Law Minister has rightly pointed out that our
Constitution is neither completely federal nor completely unitary.
It is a mixture of both the federal and unitary structure. So,
there should be constant rapport between the Centre and the States.
Then only we will be able to utilize to the maximum the resources
that are available in the country.
In this context, it is relevant to refer to the transfer of
certain subjects to the Concurrent List. Now Madras city is
suffering from lack of drinking water. There are four million
people living in that city and the only available source of water
is the River Krishna, failing which there is the danger of the
entire population of Madras city going without satisfying the
elementary need of drinking water.
New, because o f the dynamic pnraoca. lity of the Prime
Minister, *be will b* able to convince the respective Chie:
Minister to part with some of thi available water of Krishna. Had
shi not taken into her heart to help thi thirsty millions of Madras
city, tlM diversion of the Krishna water t< Madras would not
happen becaus* water is considered to be a State sut> Ject and
the States ate fighting amonj themselves to appropriate as roucl
water as possible merely due to the fact that by some geographical
accident they happen to be by the side ol certain rivers. The same
ig the case with drought-affected areas like Rajasthan and
Rayalseema where there is necessity to take water from the mighty
rivers to irrigate the land and bring prosperity to the people. So,
if irrigation and power or river waters is included in the
Concurrent List, it will go a long way to bring about economic
prosperity to the arid and drought-affected areas. I hope the hon.
Minister will have a second look at it and come forward with an
amendment for including this subject in the Concurrent List.
In order to have political stability, defection from one
political party tc another should be avoided. There i£ already a
Bill pending before the Joint Committee and I think it will soon
come to the House to be passed. I had the privilege of moving a
resolution in this connection as early as 1967 and it had the
unanimous support of this House. So, I hope the hon. Minister will
see that such a Bill is passed.
We have stated in the Preamble now that ours will be a
socialist, secular State. So, the removal of regional imbalances
must be given greater care.
Only in this country is the bureau* cracy enjoying
constitutional protection. The sooner we Temcve it the better will
we be able to implement the socio-economic policies and programmes
for the amelioration of the economic condition of the poor
people.
-
x&x ConttUntiQ* K ABTJX\U , 1898 (SAKA) (44th Amdt.) Bill
xoa
I hope the lion. Minister will take natters into consideration
and
that we will ere long re-cast the Constitution in its entirety
if necessary tor benefit of the common man.
SHRI K. LAKKAPPA (Tumkur): It Is a good thing that in the
Preamble we have made it very clear that we stand for socialism,
but the point is that there are certain articles which come in the
way of the implementation of the letter and spirit of the
Constitution.
For instance, if the democratic setup and federal character of
our Constitution is to be implemented, the authority of the
bureaucracy should be limited. The mere constitution of
administrative tribunals will not be sufficient. Articles 311 and
312 should be suitably amended We must create a more dynamic,
living Constitution which will reflect the real aspirations of the
people of the country.
Although we have extended the term of the Lok Sabha for one
year
MR' DEFUTY-SPEAKER. We have not.
SHRI K. LAKKAPPA:. . but we are not incapable of facing
elections. We have previouly faced elections and got ourselves
elected by the people. But political freedom is not enough.
Therefore, we have to take into consideration economic freedom
also. After the declaration of the emergency, the Prime Minister
had launched the 20- point economic programme. How fax these
amendments would really help in the implementation of the 20-point
economic programme is to be seen because there are certain
obstructions also.
Uptill now, our Directive Priciples have been mere pious
promises and we could not enforce them. We want to eradicate
poverty, but we are not in a Position to provide gainful employment
to the people of this country. Unless
the right to work is also incorporated in the Seventh Schedule,
it will be very difficult to give employment to the people of this
country. I hope the hon. Minister will give a new thought to this
and also a suitable and convincing reply about this point.
It goes without saying that large resources have to be
ear-marked for giving employment to the people of this country.
Shri Venkatasubbaiah was just now referring to the economic im-
blamances existing in the country.
Today, millions of people of our country are unemployed and
gainful employment is not available to them At the behest of the
bureaucrats, their kith and kin have been employed In the various
public sector undertakings and there has been no scrupulous
scrutiny about it. One of the main difficulties is that millions of
people of the country are not fully involved in the development of
the country. It is, therefore, necessary that the right to work
should be guaranteed, and the Central should give mandatory
directions to the States to provide gainful employment to the
people. All people, whether they be literate or lllitrate should be
given some work to do. Unless it is done, it will be difficult to
introduce meaningful socialism in the country. If it becomes
necessary to make further changes in the Constitution, we will
support them. But the most important thing is to guarantee the
right to work and to provide employment to the people, and il
should not remain merely ornamental and a pious wish as it was in
the Directive Principles of the Constitution.
t t o v s ftw w («rT*rc?r) : 3«rr-
swfc fa * 5 sftvrtmmftjif i $ r a n
ff if *«pt gin* fen «tt, ^ vmrc
-
103 Constitution NOVEMBER
[«rt T n m r fkr^r]
*rwrrff i ft«rrOT*rOTjf ftrtfftvrc.ft wftfrctawr iftt smarcrc
u**f «ft * t w m ts r f«FJTT narr $ , w *ft f f f ig if t ff * q *
* r ? ;t *rro ^ r % vtt* f w r f ?rc* t j^ p tt arnfarr i l k O T f
t
. q?rxrffo?r *? *vhrt «pt? *r?r «r fw sTffrft qnfarft *rrfc
ftTmft *ft «jftw *FT trap ^^tst T ^ r qsr * > r %? HT f B $ft
ftpr sfft ft *q>*?r f «rr a*r gt w % 35Tt qw*tf
T̂JTT̂ T % T t t »ft qjprcr JTft I I% fr ^ ^ n*wr % fW w ftm |
«t'it ft ?tt * g ft?
a, l ir e (44& A m dt) boz 1 0 4
370 « r r c r t * s ^ i f l r * n r t̂Rpp irr »»g » ft^ tp
iFRinrr i ft t& * vrr vgf % # « « ! wrftra % ?iWf % ^
-
105 Constitution KAftTQCA 11, 1898 (SARA) (44th Arndt.) Bill
106
{«fr vm qmr ftq w ]
i r t r ffefcrnflf % Jf ?nft * * * n«tft atjg 11 A' *faro mrsr
%ift T ^ r r ^ T ^ T j j i « f r t q ta m m x
it& m fttf i fsxTTK % ffpft H fTfiWl?W t I * * *** f^TRqfr
ftrar «ft ffcsft ir ^ a r r T ^ | i W W t g*T «FT ^*ft f t f t ft?
TO $ %r?r *nrm, z t m , A^k *Tfe sR ff %U Bim £ * t srfk 3Pl$t %
qr*T !**ft % s i«rs® f ^ % farar v s $ I ft f S irraf ^ 1 1 sft f f
^ t % ftrcteft £ t & m *tpt
s r t ^ i ^ r r #fo?r $ apg r̂r f a % iflrf̂ r̂ r $ fa * ?ft5 i
f$*ft % faft *w % «r^r »£3RT?r *r w r i t w f r %«n ^ row r 3r tft
f a f$^ t % s m s i t «rrer qft qqr H factor arr t o t $ i w u w %
strt %ltt w w t *f W5n?n jr i *ri^ft aft ^ q?|T«tt : " y ir r R T
crft ?nr% f a * i t ?ft f f ^ W W » T W « R ««RTT | I’ * «To 3 P T
I^
if * T fip 3TR5TT* I * T I , ^ ftR R T # f t H r T T ^ R R T
ft
*rn r 5t»rr i ^rft stvtt I f s t j r t c ?t ^ ^5T «»T % f f ^ t
WT f f l t 9TR?T t i «? * m «R“ r̂nrr wrr woptji ^tc?ti f Wtnf qft
^t*TT ^ 5 # I ?ft IT^O
ra % T^*n^$,s»ipfT«iT ftp %n*ft *n*ft 3nrr»r ?rftr^ hr w t v f t
m r r 1 1 q r 3TRm f ftr T t
v r v f W r tt^
*w«tt ^ f a r 1 1 jnpn: %* k »fr ^ ?n?crr g i
*?rr ^ ir f qn s r aprr f m i ftnnft
t ^ - * r m qft sftwT tp? «rf q?r ^ ^rpft sarr%t( j
^ ^ qj^TT 'qr^TT g ft? ffftlTR ^ q?^r % ?rw ffw § ® xn*$r- fVF
qnfqr ’ ft ffftWR qft VTPf«ritlr, 3WVt ^Rn% vCr 5m r
-
107 constitution NOVEMBER 2, 1979
-
[09 Constitution KARTIKA 11, 1898 (SAKA) (44th Amdt.) Bill n
o
itself, resignation of members and a partylees system—ell these
demands were made. Not only at that time it seemed that the whole
government would be paralysed before these people not here but
mainly outside; but having been in this House we have faced it for
quite a long time and we faced it single-handed when several
stalwarts of our comrades were attacked and injured.
After all this, it is good that we are getting this amendment
which is most comprehensive and most far reaching than any other
amendment to the Constitution made so far and it will be adopted
also. The ruling party approved it, the Swaran Singh Committee bas
approved it, the AICC has approv'd it, the Cabinet also approved it
and :t was moved in the last session of the Lok Sabha and a
national debate then ;nsued. Mr. Gokhale and others led the
discussion.
Again dangers arose which were ?osed from outside from threats,
actual ivalk-outs, boycott of the session of Parliament and demands
that the Parliament is not competent enough to unend the
Constitution and only a constituent assembly can do it and that
/oice got another impetus from the ruling party itself and in 3-4
States lemands were made even on the very >ve of this special
session that a :onstituent assembly should be formed.
So, these were the pangs of birth of this amending Bill and this
again vent before the whole country secause it was not an inner
party iffairs. It was widely publicised and all these made the
country almost on :he verge of suspecting whether an- >ther 1969
had come. Now, it is good ihat friends on that side, inside the
Parliament and outside the Parlia- nent, in the ruling party, and
inside :he government all have asserted that he Parliament is
competent to enact his Bill and scotched that attempt 'or referring
it back to a constituent assembly or even to Select Commit-ee.
ThereBy the supremacy of Par- i ament and our own commitment to
&e people were maintained. For
that I congratulate all those the individuals and forces who
have been helpful to us in tfria regard. Another thing about whioh
we are happy is about the inclusion. of the word secular n our
Preamble. Uptill now we said, sovereign democratic republic. Even
now our sovereignty is there, the democratic basis is there. These
have to be strengthened and defended against the onslaught of
anti-secular forces. We know how various forces have been operating
in this country directly and indirectly, sometimes hidden,
sometimes open, to destroy the very secular basis of our
Constitution. Therefore, it is necessary that the term secular
should be spelt out. We have included what we have preached for the
first time in the Constitution. We know how voices were raised in
this country against all isms and ideologies. I want to
congratulate the Prime Minister, her partymen, shri Gokhale and
others for counteracting such forces and for having incorporated
their own commitment to the people. The word ‘socialist’ is being
added. Socialistdemocracy is going to be our constitutional
preamble hereafter. There was another attempt intentionally or
unintentionally to say only democraticsocialism. Now we have put it
pro* perly saying, socialist, secular, deme* cratic republic. It is
not that weare under an illusion that we have got the socialist
republic. We are heading towards it. This is our solemn resolve.
This is our declaration. We now start another chapter in our
political life. Another new chapter hereafter begins. We will have
to see step by step the realisation of this goal.
Another important change is this. The Judiciary has been given a
more respectful place. By siding with the princely order, by siding
with the monopolists and the vested interests* the judiciary
allowed its prestige to go down in this country in the past. Now we
have put it properly that judiciary will not be allowed to
interfere with the constitutional amendments. W e have said that
Directive
-
>11 Constitution NOVEMBER 2, 1976 (4*th Amdt) SHI n z
[Shri Bhogegdra JhaJ Principles should have precedence over
fundamental rights. Judiciary therefore will behave in a more
responsible manner and they will be able to fulfil their role In
the lives of our people.
But there are certain aspects where we feel that the amendments
have not gone for enough. We feel that they have not gone to the
extent they ought to have gone or should have gone. There is one
slur which we have with the unlimited, unbridled right to property.
I would refer to an axiom in the Bhagavat Gita:
fsPTff I
Property is only for a person's needs. If he amasses more than
that he is a thief. I am sure through the demo, cratic process we
will overcome Ihis hurdle also.
President’s power to act on theadvice of the Cabinet has also
beenclearly spelt out. We are happy about it. Although this was
understood, now we have clearly spelt it out. Our happiness is not
an unqualified thing because there are certain things about which
we are not happy. We go out from the House, we go to the
constituencies. The Prime Minister is hereself saying that we
should go and meet the people. How can this be done when there is
total ban on meetings in Bihar? I think nobody will expect that I
will not go and meet my people.
15.00 hrs.I do not know whether 1 will be
arrested or not, because there is a total ban. Now no smuggler
is being arrested, no hoarder is being arrested. So the prices have
risen during the last four months. In turn, this has had other
undesirable results. Those very elements who wer® working against
us, who were forcing people to resign are demanding a Constituent
Assembly, and with the Youth Congress cap on their
heads, they are now taking revenge' on those who have restored
our democratic structure, and in a violent way. Only the lebel has
changed; the elements are the same. They are abusing the Prime
Minister privately. Openly they go about saying that the 20-point
programme is nonsense. They want simply to hide their own criminal
offences. I am .not talking o f people in the political sphere
only; I am talking of all. Most of those people are doing this. If
I come to individuals, most of the people on the other side will
not dispute what I say, In these conditions, it is disastrous to do
some of the things we have done. We have now amended the
Constitution to say that if there is emergency declared in a single
part of the country, it can be enforced in other parts also. This
is a strange thing. Then again the proposal to send armed forces
into a State without the consent of the State Government, while the
State Government is functioning there. This will add to avoidable
strain in Centre-State relations.
Similarly, with regard to the protection of minorities, our
Constitution is clear on the point. Certain amendments made require
some additional safeguards more in consonance with the secular
character of our polity.
On the question of language, I have been fighting for Hindi all
my life. But I would like my friends from the Hindi area to realise
that while Hindi is most popular, is spoken by most people in the
country, is understood by most people in the country, Indie after
Partition is bigger than Hindi. Bharat is bigger than Hindi. There
are many other languages. Take, for example, Tamil. It cannot be
compared to Hindi. It can be compared to Sanskrit. So if our unity
is to be preserved, let Hindi be developed by giving all incentives
and impetus to It side by side but without bringing in pressure so
that the whole of the culture of India and all the languages
develop in a proper way.
-
1X3 Constitution KARTIKA 11, 16B8 (SAKA) (44th Amdt.) Bill
114
SHBtMATI M. GODFREY (Nominated—Anglo-Indians). Mr. Deputy*
Speaker, thank you very much for giving me an opportunity of saying
a few words The whole world, all the countries of the world are
undergoing a change and stepping forward So I think our country has
taken a step at the right time of introducing this 44th amendment
to tne Constitution of India I feel happy that many amendments were
introduced and passed yesterday I am also particularly interested
in the safeguards given to the minorities I only hope that these
safeguards will be meticulously carried out by the people who are
guarding them
I would like to make a request to Government Now the duties of
citizens have been very clearly put down here I would suggest that
these be put down m the educational syllabus also so that children
as they come up to discharge the higher tasks feel the duties of
the citizens of this free country If they are taught at the school
level what these duties are 1 am sure they will come out as very
good citizens of this country of ours
I am glad to note the change m the Preamble to the Constitution
by bringing in the words ‘Sovereign, So* cialist Secular,
Democratic Republic’. The word ‘Secular* struck me most, because
when I go about, everybody asks me ‘How is it that you are a Member
of Parliament and you dress in this fashion7’ This proves to you
the secular character of our country. So I am a living proof of
secularism in this Democratic Republic of ours I openly tell them
‘This shows bowsecular our country is’. We acceptall languages, all
dresses, all religions. We are people of all colours, all dresses
speaking different languages and we are all in the mainstream with
the rest of the people of India We are all Indians. We may wear
different costumes, different dresses, but tee are all Indians. We
all know very well; I am a living example to Show bow secular our
country is, I am
proud to tell people outside and in the country also that we are
secular.
In our education system I should like to have once again moral
science subject They have now put in civics I think a little more
of moral science, if added to that, will help our students to
become very good student citizens of the country With these words,
I thank you very much for a chance to speak on this Bill
Shn N K SANGHI (Jalore) We had been having a marathon debate for
the last nine days and this has real- ly been a special session
when the entire time of the