07.08.92 *t05

RE. IMPLEMENTATION OF RECOMMENDATIONS OF MANDAL COMMISSION [Translation]

SHRI RAM VILAS PASWAN (Rosera): Mr. Speaker, Sir, two years ago in this day only, in August 1990 recommendations of Mandal Commission were implemented by the National Front Government. Since then two Governments have come in power. Now this matter is pending with the Supreme Court. Time and again this issue has been debated in the House and the Government repeatedly gave assurances that it is making all efforts to implement the recommendations of Mandal Commission. But, even after two years no initiative has been taken by the Government to implement the recommendations of Mandal Commission. Ten days ago you called a meeting of leaders, in which the hon. Minister of Parliamentary Affairs was also present and we urged that the Government was dillydallying the implementation of Mandal Commission's recommendations. However, the verdict about the inaction of the Government can come any day on this matter which will most likely go against the people of backward classes.

I would like to know what has the Government done to expedite the disposal of the case pending in the court regarding the recommendations of Mandal Commission. Today, thousands of persons have assembled in the lawns of Boat Club where we will also go to court arrest. Today. Janata Dal is holding protest rallies against the Government regarding the recommendations of Mandal Commission in all the State Capitals. We are eager to know what has the Government done till date in this regard.

389 Re. Implementation of Recommendations of Mandal Commission SHRI VISHWANATH PRATAP SINGH (Fatehpur): Mr. Speaker, Sir, this is an important issue and more and more than one year has passed since the present Government came into power. At present this matter of social justice is pending with the court. It is not clear to us that what stand the Government has taken in this regard or the stand it is going to take. This issue is simply not of reservation only but the question is that what initiative Government is going to take in this matter of social justice. Upto now no action has been taken. Through you, we would like to know categorically from the Hon. Prime Minister that what stand the Government is going to take in the matter of the recommendations of Mandal Commission which is pending with the court and why the Government is not resolving the querries raised by the Court.

SHRI NITISH KUMAR (Barh): Mr. Speaker, Sir, two years ago a notification was issued by the V.P. Singh Government regarding the implementation of Mandal Commission's recommendations but it has been amended which is against the spirit of the Constitution. Mandal Commission was constituted for educationally and socially backward sections. However, economic base has also been added for identification purposes too and the issue has also been challenged in the Supreme Court. Nevertheless, the Government has not properly pleaded the case and nor it is doing so. In the fresh notification issued by the Government economic bases has been added and provision of 10 per cent reservation for economically backward too has been made. As a result of which every thing has been mixed up making it violatory of the Constitution and the matter too was not pleaded properly in the Supreme Court. The Central Government has not yet filed reply in the Supreme Court regarding the economic criterion.

Therefore, the matter is still pending with the Supreme Court. Through you, I request the Hon. Prime Minister to come and make the statement regarding the policy on the recommendations of Mandal Commission without diluting these. Thousands of people belonging to backward and down trodden sections in the

390 Re. Implementation of Recommendation of Mandal Commission country have thronged the capital and in all the State Capitals are protesting against the non-implementation of Mandal Commission's recommendations in the country. In the country crores of persons are protesting on roads to pressuriso the Government to implement in toto the 7th August notification of the V.P. Singh Government. Deliberate attempts are being made to bungle-up everything and to create misunderstandings on this issue of social justice so as to nullify and subside it, thereby adversely affecting the rights of the backwards in the country. No steps are being taken in the matter of social justice.

Nothing has been done in the matter of the setting up of the Finance Corporation for Backward Classes and in the matter of the setting up of the Development Corporation. These were included in the Congress manifes to deliberately by the party to befool the backwards in the country to win their votes. However, later on it was amended against the spirit of the Constitution and since then the Government is sleeping over the matter. We protest against this state of Affairs and through you, urge the Hon. Prime Minister to come to the House to clear the whole murkey situation.

[English]

SHRI SOMNATH CHATTERJEE: (Bolpur): Mr. Speaker, Sir, this is a very important and at the same time a sensitive issue. Sooner the mater is finalised it is better for everybody and better for the country. There is no doubt that the backward sections of our community in this country do need help, protection and assistance. There is no denial of that fact. That is why, subject to certain modifications in the proposals, we had welcomed it and we said that the Government should take appropriate steps in the matter. But the Government went out primarily on this issue. I cannot but recall how a sort of frenzy was created in this country; how there were self-immolations; how young boys and girls had been put astray in a path which was not beneficial for the country or beneficial for them. That is why, we feel that this is a matter - the basic approach which is involved in this Mandal

391 Re. Implementation of Recommendations of Mandal commission Commission Report should be finalised and should be implemented. The matter is now dragging before the court for umpteen number of months and for nearly two years it is pending. The Government of the day does not seem to have any sense of urgency so far as that proceedings is concerned because we find, subject to correction, that even before the Supreme Court, the Government has not made its stand very clear. By this procrastination only tension remains in the country and it is growing.

We cannot deny that we are going to celebrate a very important event only tomorrow. Our country has become independent for over 40 years. But, even now so many people, the majority of the people, crores and crores of people are below the poverty line. There are discriminations against them. They are the subject matter of discrimination, there is no doubt about it.

I strongly urge upon the Government to finalise it, take a positive stand on this so that the Supreme Court also can decide this matter and this is implemented, as it ultimately comes down, as expeditiously as possible, so that social justice does not remain a mere dream for the vast multitude of the people in our country.

[Translation]

SHRI RABI RAY (Kendrapada): Mr. Speaker, Sir, while supporting the stand of S/Shri V. P. Singh, Ram Vilas Paswan, Nitish Kumar and Somnath Chatterjee I would like to raise basic issues. We are hon.

Members of Lok Sabha. As per the provisions of social justice existing in the Constitution the Government of V. P. Sigh enacted certain provisions. This august House has to see the proper implementation of these provisions. Mr. Speaker, Sir, you might be aware of the adverse verdict of the Allahabad High Court, given two months back, in the matter of appointment of a teacher belonging to the Scheduled Caste in the Science Faculty of the University. Allahabad High Court has given a verdict which is against it. I was also

392 Re. Implementation of Recommendations of Mandal Commission present in the meeting in which the hon. Minister of Welfare of the Government of India criticised the judgment of the Allahabad High Court. Mr. Speaker Sir, I would like to submit that when the issue is being debated here in the House and it is also the view of the Government that the Judgment is contrary to the spirit of the Constitution, then the Government should have filed a writ petition against it in the Court. Therefore, I would like to know that when an hon. Minister has taken a stand on it in the public then why the future course of action has not been taken by the Government. I urge the Government to make a statement on this today itself.

SHRI VIJAY KUMAR YADAV (Nalanda): Mr. Speaker, Sir, undoubtedly this matter pertain to the crores of people of India. It is well known to all of us that the attitude of the Congress on the issue of reservations has not changed a bit since the time of implementation of reservation policy by Shri. V. P. Singh. From the edicts of the Congress about the provisions it is clear that it wants to kill the spirit of both Mandal Commission and the Constitution. On the issue of 27 per cent reservation for socially and educationally backward my party- CPI supported in to to Shri V. P. Sigh then and even now we are with him. Today, it is a matter of concern to us and the country that any delay on such a serious issue will have serious consequences in the days to come. I think it is not proper to perpetuate the matters by dilly-dallying tactics. It is not clear what reservation has the Congress got on the issue of bestowal of due rights to the concerned section of society in the country. Matter before the court is being lingered on and on. Through sabotage, decision on this issue seems to be deferred on and on. Therefore, on the issue of 10 per cent reservation on economic bases for the forward castes is concerned, Shri V. P. Singh also agreed to suitably amend the Constitution if the need be on this issue. The issue of implementation of 27 per cent reservation for backward people be got expedited in the court, seized of the matter, and the Hon. Prime Minister should also make clear his policy on it in the House?

393 Re. Implementation of Recommendations of Mandal Commission Does he favours its implementation or not? Now the nation is sitting on the simmering discontent and the deadly earthquake likely to errupt anytime.

Mr. SpeakerSir, I think the Government should act in a stead fast manner on this issue.

[English]

SHRI LOKANATH CHOUDHURY: (Jagatsinghpur): Mr. Speaker, Sir, this is an issue which has been agitating the minds of the people of this country for the last three years since the reservation was declared for Backward Classes by Shri V. P. Singh. The Government came out with a formula and I think consensus was almost there on the Governmentformula. One year has already passed. During this one year, the Government has not defined the economic criteria for ten per cent reservation, which the Government has already announced, out of this 27 per cent reservation. The matter is lingering on in the court but it is the Government's responsibility to clearly spell out the economic criteria they have set. It indicates that the Government only have the consensus that has already been reached but the Government's action is further accentuating the tension. Therefore, by drifting from this, the Government has already committed a mistake and thereby gave worst scope for dissentions. Therefore, today-the day on which it was declared two years ago and when thousands of boys have sacrificed their lives- it is high time that the Government should come out categorically with what are the economic criteria which they are fixing for the 10 per cent and for the 27 per cent categories. The Government should take steps so that the matter comes to an end in the Supreme Court. We must safeguard the provisions of our Constitution to give justice to the backward classes. (Interruptions)

DR. KRUPASINDHU BHOI (Sambalpur): Mr. Speaker, Sir, hon Shri V.

P. Singh, hon Shri Ram Vilas Paswan, hon. Shri Nitish Kumar and hon.

and distinguished ex-Speaker Shri Rabi Ray have all given a

394 Re. Implementation of Recommendations of Mandal Commission very sound advice to the House. But, unfortunately, while Shri V. P.

Singh, the then Prime Minister announced this reservation policy according to the recommendations of the Mandal Commission, his close colleague in Orissa, Sriman Bijayanand Patnaik denounced it categorically.

At the same time he has issued instructions in different departments with regard to reservation for Scheduled Castes and Scheduled Tribes, not according to the Mandal Commission, but that one persons in one generation alone can get the benefit of reservation. I want to know what is the criteria of the Janata Dal. Let them first come out with the criteria they have formulated in their own States before coming to the Centre. They should decide it.

The hon. Orissa Government also have submitted before the Supreme Court basing on the above direction issued by the State Government. I fail to understand the meaning of the advice given now in this august House when there is conflict between the State and the Centre among the Janata Dal. Let hon. Shri V.P. Singh explain. Hon. ex-Speaker Shri Rabi Ray has in so many volatile and ornamental words vomitted and ejaculated on the floor of the House. Let him personally explain what is the position of Sriman Bijayanand Patnaik in Orissa.

(Interruptions)

[Translation]

SHRI DEVENDRA PRASAD YADAV (Jhanjharpur): Mr. Speaker, Sir, today is the historic day because the National Front Government had announced on August 7, 1990 that the recommendations of Mandal Commission will be implemented in the country. As you know, this issue concerns the backward class people. These people have been exploited and made to suffer for thousands of years. They constitute 52 per cent of the total population and the Mandal report seeks to restore their rights.

Why the Government is adopting a dilly dallying policy about such an important issue. It has been unable to clear its stand

395 Re. Implementation of Recommendations of Mandal Commission before Supreme Court. When reservation for the suppressed and backwards class people and the recommendations of Mandal Commission are totally in accordance with the provision of constitution then why Government is not adopting a clear policy? Today, when we are confronted with the question of providing reservation to the socially and educationally backward people on the basis of recommendations of Mandal Commission, then why does the present Government want to add economic criteria to it and say that it would provide this facility only to the poorest people. But the Government is not saying even this thing in clear terms.

My submission is that the Government should give up this dilly- dallying policy; and plead he case in the Supreme Court properly, otherwise I will have no option but to doubt the very intentions of the Government. The National Front Government had announced on august 7, 1990 that it would provide social justice to the people who have been backward for thousands of years but the present Government is creating hurdles in the way of implementing it. The actions and attitude of the Government indicate that its intention is not good.

Therefore, through you, I would urge the Government to clear its stand immediately before the Court and also implement the recommendations of the Mandal Commission without any further delay.

SHRI SHARAD YADAV (Madhepura): Mr. Speaker, Sir, I would not like to go into the details of the matter in regard to which the hon.

Members have already expressed their views. I share their feelings.

Only 2 per cent of the posts are occupied by the people belonging to the reserved category. It is a great injustice that only two percent high posts are held by the 52 percent population.

Mr. Speaker, Sir, I would share the feelings of the hon. Members and submit that the Congress party has always tried to evade the question of providing reservation to these sections of people. It has always tried to link the economic criteria with the provision of 27 per cent reservation and

396 Re. Implementation of Recommendations of Mandal Commission talked of implementing both the notifications simultaneously and also adopted an attitude of keeping the matters pending in courts.

An hon. Members has raised a question about Orissa. Mandal Commission issue is concerned with Central Government. Orissa is nothing to do with it.

SHRI MRUTYUNJAYA NAYAK (Phulbani): He has opposed it. He has given a statement in this regard. Please ask Shri Biju Patnayak to give a statement about it.

SHRI SHARAD YADAV: He has not opposed it. Mr. Speaker, Sir, the Hon. Prime Minister and the Central Government and not the State Government related to it. The recommendations of Mandal Commission are proposed to be implemented only in the Central Government offices.

Therefore, through you, I would like to submit that the Government has been deliberately delaying the matter as a result of which there is a great resentment and discontentment among the people.

Mr. Speaker, Sir, through you, I would like to convey the feelings of people to the Central Government, It won't help delaying the matter. The Central Government, the Hon. Prime Minister should give a statement to clear the doubts which is gaining ground in the minds of backward class people, so as to regain their confidence.

Mr. Speaker, Sir, one of the reasons of such misconceptions being strengthened is that the Government of Uttar Pradesh has not filed a case in Supreme Court against the verdict given by Justice Katiju. The fact is that the Central Government and not the State Government is concerned with it. Therefore, I cannot blame the State Government. The Central Government has not taken any initiative to file a case so far.

It indicates that the Government intends to delay the implementation of reservation policy to create among the people and to deprive the people from getting their rights peacefully.

Mr. Speaker, Sir, through you I would like to submit in the House that its

397 Re. Implementation of Recommendations of Mandal Commission consequences would not be good. I would also submit to the Hon. Prime Minister and the Government that delaying won't do in this matter.

Mr. Speaker, Sir, I would like to make another submission here today that there are differences within the political parties, I have no objection, if any Member wants to resign from the membership of a particular party and joins another political party. Parties in India have been splitting I am not bothers about it. However, Janata Dal has been a tool for the exploited and suppressed to get justice. Members of this party were kept in Holiday Inn. Shri Ram Prasad Kushwah and Shri Sukhdev Paswan are present here; they have been associated with all these incidents. There is a tension within the Congress party while we succeeded to maintain adiscipline within our party. My submission is that these Members have been elected by about 10 lakhs of people. They should be given an opportunity to give an account in regard to the places where they were taken.


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