22.12.92 *t18

STATUTORY RESOLUTIONS RE. APPROVAL OF PROCLAMATIONS IN RELATION TO THE STATES OF UTTAR PRADESH, MADHYA PRADESH, HIMACHAL PRADESH AND RAJASTHAN.

[English]

THE MINISTER OF HOME AFFAIRS (SHRI S.B. CHAVAN): I beg to move: "That this House approves the Procalamation issued by the President on the 6th December, 1992 under article 356 of the Constitution in relation to the State of Uttar Pradesh." "That this House approves the Procalamation issued by the President on the 15th December, 1992 under article 356

638 Stat. Resolutions re. approval of Proclamations in relation to U.P., M.P., H.P. and Rajasthan

of the Constitution in relation to the State of Madhya Pradesh." "That this House approves the Procalamation issued by the President on the 15th December, 1992 under article 356 of the Constitution in relation to the State of Himachal Pradesh." "That this House approves the Procalamation issued by the President on the 15th December, 1992 under article 356 of the Constitution in relation to the State of Rajasthan."

MR. CHAIRMAN: Motions moved:

"That this House approves the Proclamation issued by the Presidnet on the 6th December, 1992 under article 356 of the Constitution in relation to the State of Uttar Pradesh." "That this House approves the Proclamation ussued by the President on the 15th December, 1992 under article 356 of the constitution in relation to the State of Madhya Pradesh." "That this House approves the Proclamation issued by the President on the 15th December, 1992 under article 356 of the Constitution in relation to the State of Himachal Pradesh." "That this House approves the Proclamation issued by the President on the 15th December, 1992 under article 356 of the Constitution in relation to the State of Rajasthan"

[Translation]

SHRI GUMAN MAL LODHA (Pali): Mr. Chairman, Sir I strognly oppose and condeman the resoultion moved by the hon. Minister regarding the black proclamation dis

639 Stat Resolutions re.approval of Proclamations in relation to U.P.,M.P. ,H.P. and Rajasthan

[Sh. Guman Mal Lodha]

missing the four constitionally and duty elected State Governments.

These proclamations are a murderous attack on democracy and a rape on the Constution in the history of constitution.

Mr. Chairman, Sir, in the present world we talk of federal State.

The founders of the constitution, who were great thinkers had emphasised not once but many times that Article356 in the constitution would never be called into operation. I would like to quote from the histiorical speech of Dr. Ambedkar which he deliverd at the time when all the Members of Constituent Assembly including the great leaders of Congress Party had opposed this Article. At that time Dr. Ambedkar had said'

[English]

I quote

"I shre the sentiments that such articles will never be called into operation and that they remain a dead letter. If at all they are brought into operation, I hope the President who is endowed with these powers will take proper precaution before actually suspending the administration of the Province . I hope the first thing he will do would be to issue a mere warning to a Province that has erred that things were not happening in the way they were intendedto happen inthe Constitution.

If that warning fails,the second thing for him to do will be to order an election allowing the people of the Province to settle matters by themselves. It is only when these two remedies fail that he should resort to this Article."

[Translation]

I would like to ask the hon. Ministers who from morning till eve swear in the name

640 State. Resolutions re. approval of Proclamations in relation to U.P., M.P. , H.P. and Rajasthan

of Dr. Ambedkar and the great Constitution founded by him, whether his soulwould not be pained to see that the constitution has been murdered and the Article 356 has been misused.

Mr.Chairman,Sir, I would also like to submit that our Government had set up Sarkaria Commission to examine the Centrestate relations.The Commission sought the opinion of all the political parties inregard to the Article 356. You will be surprised to know the reply which the hon. Members sitting on this side gave at that time, in regard to Article 356 under which the Governments of Rajasthan, Madhya Pradesh, Himachal Pradesh and Uttar Pradesh have been dismissed. Sir, I would like to quite the views expressed by Communist Party of West Bengal in response to the enquiry made by Sarkaria Commission vide page No. 9 of its report. I would like my friends to point out, if they find any exaggeration or incorrectness in my submission or they should decide themselves their course of action.

[English]

To cut one's nose to give a bad omen to the meighbour.

[Translation]

Do not dare to cut one's nose to give a bad omen to the neighbour.

Sir, CPI West Bengal in reply to the query sought by Sarkaria Commission vide page No.9, wrote

[English]

"That Article and the consequential Article 357 should be drastically amended to prevent their misuse. The wlde powers given to the President under Article 356 should be deleted."

641 Stat. Resolutions re. approval of Proclamations in relation to U.P., M.P.,H.P. and Rajasathan

[Translation]

Sir, I am quoting this from page 636 of Part-II of the report of Sarkaria Commission on which the reply given by C.P.I. has been recorded. Similar statement has been recorded at page 646.

[English]

Article 356 should be deleted

[Translation]

Sir, not only this, the recommendations made by the Sarkaria Commission on the basis of opinions it received in response to its queries on page 9 have been referred to in detail at page 178,179 and 180 of Part-I of its report. But I would like to quote only the following lines-

[English]

"We have carefully considered the above suggestions.We have emphasised the need to exhaust all possible alternative courses of action to resolve the crisis before resorting to the provisions of Article 356......

[Translation]

Similarly they have given the following recommendations in Para 6.707,6.708 and 6.709.

[English]

Article 356 was amended by the Constitution (Fourty-Fourth Amendmen:) Act.Clause (5) of Article 356 so amended, providesthat a resolution with respect to the continuance in force of a proclamation for any period beyond one year from the dat of issue of such proclamation shall not be passed by either House of Parliament unless two conditions are satisfied ......

642 State. Resolutions re. approval of Proclamations in relation to U.P., M.P., H.P. and Rajashtan

[Translation]

Along with this, they have given following,recommendation at page 179.

[English]

I am quoting from para 6.8.01 of the Sarkaria comission'sRepoet: "Article 356 should be used very sparingly, in extreme cases, as a measure of last resort, when all available alternatives fail to prevent or rectify a break-down of constitutional machinery in the State. All attemptsshould be to resolve the crisis at the State level before taking recourse to the provisions of Article 356. The availability and choice of these alternatives will depend on the nature of the constitutional crisis."

[Translation]

Sir, prior to this,they have suggested all the possible alternatives and the precautions to be taken, they have suggested as to how the warning should be issued and reasons should be given before the Imposition of President's Rule. At the same time, as per the principle of natural justice, the so called notice should be issued. In regard to Article 356, though Dr. Ambedkar had said that iit would remain a dead letter in the constitution,yet the Congress patry has misused it most frequently just to attainits political motive and to form Governments of its choice in States by totally ignoring the popular mandate and election results. They did not go by the recommendations of Sarkaria Commission nor did they goby views of Pt. Jawharlal Nehru, Sardar Patel and Shri Alyangar and the other great thinkers who contributed a of in the Constituent Assembly.

It will be a surprise to note if the accounts of what has been done in the country

643 Stat Resolutions re.approval of Proclamations in relation to U.P., M.P., H.P. and Rajasthan

[Sh. Guman Mal Lodha]

by the Government is presented. It was responsible for toppling the Government of Punjab on 21.1.51, of Patiala on 4.3.53, of Andhra Pradesh on 5.11.54 and the Communist Government of Trawancore, Cochin and Keral on 23.3.56 and 31.7.59 respectively with the help of which the Government is now trying to resist its political opponant the Bhartiya Janata Party. The same was repeated in Orissa in 1962,in Kerala in 1966 and again in Punjab in 1967. Reacting to their action, the people of the country overthrew such a Government from the centre.

During that time Article 356 of the Constitution......

(Interruptions)

[English]

SHRI TESINGH RAO BHONSLE (Ramtek):Iam on a point of order.

MR. CHAIRMAN: Under what rule?

SHRITEJSINGHRAO BHONSLE: It is a point of informaton.

MR. CHAIRMAN: No. Please sit down.

(Interruptions)

[Translation]

SHRI GUMAN MAL LODHA: With the overthrowing of the Congress Party from the centre the swom in Janata Party Government dismissed nine State Governments in 1977. I have always been opposing such a move of the then Union Government and I still oppose that. The mistake of the Janata Party Government Committed in 1977 was very much of the same nature which had ever been committed by the Congress Government in the past. Ever since the 44th amendment was brought about,the question.

644 Stat. Resolutions re. approval of Proclamation in relation to M.P., U.P.,H.P. and Rajasthan

tion of dismissing the State Government under the provisions of the Constitution again became justiceable. During the year 1982 the Supreme Court stated while hearing the case of A.K.Ray that it was objective rather than subjective and hence the State Governments could not be dismissed on that account.

Governors of the States have been reduced to the status of puppets playing in the hands of the Central Government which uses them to serve its own vested politicalends and to let them act against the will of the public.

It must have been marked asto how our Communist colleagues behaved with Mr. Dharmvir in the West Bengal. Similarly,when a majority Government came to power in our State of Rajasthan in 1967, the then Governor Shri Sampurnand tried to topple that Government and there by invted a bloodbath which ultimately took the toll of seven lives in Jauhari Bazar. The way Shri Dharamvir, Dr. Gopal Reddy, Shri P-awate, Shri Ram Lal, Shri Venkat Subbhaiya, Shri Krishna Rao etc.

have played as puppets in the hands of the Congress Government disregarding the instruments of democracycan be seen in the obnoxious results following the report of the Governor of Rajasthan which is not in keeping with the provisions of the Constitution. I would like to tell the hon. Minister of Home Affairs that he cannot be absolved of the responsibility only by making a statement in the Rajya Sabha that the mistake would not be repeated in future..

HON. MINISTER OF HOME AFFAIRS (SHRI S.B. CHAVAN): I never told like that.

[English]

THE MINISTER OF DEFENCE (SHRI SHARAD PAWAR): Please do not speak untruth.

645 Stat. Resolutions re. approval of Proclamations in relation to U.P., M.P., H.P. and Rajasthan

[Translation]

SHRI GUMAN MAL LODHA: It is written in article 356 of the

Constitution that-

[English]

"If the President on receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution.."

[Translation]

Here instead of a letter being written by the hon. President it is written by the Governor of Rajasthan Dr.N.Chenna Reddy. I am holding the authentic copy of the letter which has been circulated to all the hon. Members by Shri Chavan. He writes-'My dear Narsimha Rao'.

The point is since when Mr. Narsimha Rao has become the President of India. It is a novel news for the House. The fact remains that Mr.

Narsimha Rao is not the President. No letter, no copy of this letter, nothing like that was sent to the hon. President of India. The hon.

President's writes in his order sheet that he, Dr. Shankar Dayal Sharma the President of India has received a report from the Govenor of Rajasthan and on the basis of that report along with the information reached to him from other sources, it has been found that the polictical situation has taken such a shape in the State that the State Government cannot function under the provisions of the Constitution. Here, I would like to submit that the very background of the said notification is unconstitutional. No such letter was written to the President's at all. No coy of that letter was sent to the hon.President of India. The President acted in response to such a letter which

646 Stat. Resolutions re. approval of Proclamations in relation to U.P., M.P., H.P. and Rajasthan

was not sent to him at all. It was stated in the reports of the Sarkaria Commision as also stated by Dr. Ambedkar that if any such report is sent to the hon. President from the Governor, then the hon.

President will write bakc to the Governor, and to the hon, Chief Minister of the State as well. Besides, there are alternative provisions like issuing waming and issuing show cause notice which is based on the priciples of natural justice. Now-a days things have ben changed. Wireless abd FAX messages are sent to the hon. Prime Minister and in response to that a messge for the office of the Prime Minister is sent to the President House and on the basis of the same messge actions are taken.

What I intend to submit is that is an unconstitutional notification. The notification is not in keeping with the spirit of the article 356 of the constitution and keeping in view the constitutional provisions, it is only imperative that actions should be taken incomplience wit the provisions of the Constitution, constitution is, say a holy document which is there to run the country. If the Governors of the State are not well versed with the provisions of the Constitution, then, I would say, whether they do have any right to be there on those posts. Notwitstanding, if they allow the blatant violation of the provisons of the Constitution deliberately even then they are not at all fit tio be there on their posts. If a Governor writes a letter to Shri Narasimha Rao, he violates his right and power as Governor. With all humility, I would like to state that under the article 356 of the constitution, this is only a waste paper which has no ground for any action to be taken against the State Government. It cannot be made the basis for inititating action. Will the hon. Minister of Home Affairs explain as to what is the basis to initiate any action? When this letter cannot be made a basis for initiating any action how then a State Government can be dismissed particular when it enjoy.

647 Stat. Resolutions re. approval of Proclamations in relation to U.P., M.P., H.P. and Rajasthan

[Sh. Guman Mal Lodha]

the mandate of the people. The hon. Minister of Home Affairs should explain.**

[English]

SHRI PAWAN KUMAR BANSAL (Chandigarh): You do not refer tomthe proceedings of the other House in this way. My hon. friend is a learned Member; he knows this.

MR. CHAIRMAN: Please do not refer to this.

[Translataion]

SHRI GUMAN MALLODHA: No problem, let there be no reference to this.

[English]

MR. CHAIRMAN LAL: It will not form part of the record.

[Translation]

SHRI GUMAN MAL LODHA: But the question is how will you remove this unconstitutional letter from the record? How will you manage or manupulate? It is a waste paper. If the hon. President puts his signature on something unconstitutional done by the hon. Governor then the very notification becomes iunconstitutional. Sir, four notifications have lately been issued from the office of the President. So far as the matters of other states are concerned, there are my colleagues who will provide facts about there. I will be strictly confined to the affairs of Rajasthan.

Sir, on the one hand the media of India, the Press and the intellectuals of the country have condemend

648 Stat. Resoulutions re. approval of Proclamations in relation to U.P., M.P., H.P. and Rajasthan

in unison the dismissal of the Governement of three States.

The headlines of the newspapers read like-Rolitical Blunder, 'Assault on its Constituion' the Delhi edition of the Indian Express writes in its editorial 'Politixcal Nihilism'. Likewise, you can see the expression of all the Newspapers of India. The Delhi edition of The Times of India which had so far been supporting the prolices of the Hon. Prime Minister has written -"Cold blooded murder of democracy/" What has been written there is the statement of Shri Rajeshwar Rao that followed the report of the Sarkaria Commission. I was just telling that. The C.P.I. has gone to the extent of giving in writing to the Sarkaria Commission..

[English]

SHRI TARIT BARAN TOPDAR (Barraokpore): We still stnd for that.

[Translation]

SHRI GUMAN MAL LODHA: Well, now he have every right to change his stand but I would like to submit that what he is stating and what I am reporting is to cut one's own nose for giving bad omen to neighbour.

He easily forgets that he hold it highly objectionable when the President rule had to be imposed twice in Kerala. He foregets that his secret alliance might be shaken in regard to Darjeeling. He should relaise that someday they may also loose their own Government there.

He should not foreget tht in democracy he owns a natural repsonibility to save the Constitutional tradititions in the country. Not to go by that will amount to the murder of the demcracy itself.

Sir, now I would like to give you other figures. Those should also be noted. It has been said that the Governor of Rajasthan has mentioned in his report that the State

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