CONSTITUTION (AMENDMENT) BILL*

(Amendment of Eighth Scheduled)

By Shrimati Dil Kumari Bhandari CONTD.

[English]

MR. DEPUTY SPEAKER: Now we will take up further consideration of the motion moved by Shrimati Dil Kumad Bhandari on the 10th April, 1992 regarding amendment of Eighth Schedule. The hon. Minister may reply now.

THE MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS AND MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI M. M.

JACOB): Sir, the Bill had a very lengthy discussed in two or three sessions and a large number of speakers had participated. I myself intervened in the debate in the last session and I do not want to reply in length covering all the points mentioned by various speakers and it shows desire of the speakers that Government of India must concede to the inclusion of some more languages in the Eighth Schedule. A mention was made here two or three languages during the course of the discussion. Actually, Government of India has got representations and demands from language groups. The major demand that is existing in the Government is that besides Nepali, Manipuri, and Konkani, languages like Rajasthani, Dogri, Bojpuri, Mythili, Bodo, Santhali and such other languages should also be included in the Schedule. I myself expressed the desire last time in the House that we will discuss this issue with the leaders of all political parties and then we will come back with a manner and shape in which this will be more acceptable to the House. The meeting of the leaders of major parties was held at the instance of the Home Minister and views elicited. Based on the discussion, which had taken place in the meeting of the party leaders, a consensus was arrived at and based on that consensus, a bill is being drafted and it has already reached the final

460 Const. (Amend.) Bill (Amend. of 8th schedule) by Smt. Dil Kumari Bhandari

stage. That is why, we have also listed the Eighth Schedule, in the list of business, as a legislative bill. Delay in introduction is there because we were not even able to introduce the ordinance for rectification. The House was so busy with very important issues agitating the minds of the Members during the last few days. So, I think in the current Session the Government will be in a position to introduce a Bill on the 8th Schedule, as discussed in the meeting of the Opposition leaders. The matter is engaging the attention of the Prime Minister and the Cabinet. As soon as it is cleared, it will be introduced. It has not yet been cleared. So, I donot want to take your time.

Shrimati Dil Kumari Bhandari has a right to speak after my reply is over. I would like to request here that in the light of the fact that more or less same ideas are going to be brought in the legislation, she may withdraw her Bill. At the same time Members like to have a full debate on the Bill. They can certainly get the opportunity when the Bill will be introduced in the House. Every effort is made by me and by the Ministry to introduce the Bill as early as possible, during this Session itself.

SHRI AJOY MUKHOPADYAY (Krishnagar): Can we except it by 17tj of this month? ....(Interruptions)

SHRI M.M. JACOB: If there is any other apprehension, the hon.

member can ask for adjournment. I am also prepared to support it. We may adjourn the Bill and take it up on some other Friday.

15.21 hrs.

[SHRI TARA SINGH in the Chair]

SHRI INDER JIT (Darjeeling): Sir, I want a clarification from the Minister, he has just now told us that the Bill has not yet been declared at the highest level by the Cabinet and yet he has also talked in terms that they are busy in finalising it and that they will introduce it. The point in principle is that if there is no decision as yet on the principle and when the Bill has not yet been cleared, 461 Const. (Amend.) Bill (Amend. of 8th schedule) by Smt. Dil Kumari Bhandari

how can he say that the Bill will be introduced. The question of introduction will arise, in my humble opinion, only when the Bill has been finally cleared by the Cabinet.

SHRI CHITTA BASU (Barasat): May I know from the hon. Minister, whether the proposed Bill will include only one language or a nuclear of languages. If so, what are the proposals for the inclusion of other languages, including Nepali, in the 8th Schedule of the Constitution.

Part (b) of the clarification which I seek for is, what are the criteria for selecting these languages for inclusion in the 8th Schedule of the Constitution.

[Translation]

SHRI MOHAN SINGH (Deoria): Mr. Chairman, Sir, just now the hon.

Minister said that he is likely to present the Bill. He is the Minister of State and I think he is not fully acquainted with what is going on in the Cabinet. He has said this thing on the basis of information given by the Ministry of Home Affairs. When this Bill was brought before the House, the Government has discussed it with the leaders of various parties. And a statement given by the Government is published in the newspapers that the Government is also going to present a Bill, in which inclusion of Nepali, Manipuri and Konkani in the Eighth Scheduled is under consideration. As a result of which people speaking two other languages are agitated. People speaking Dogari and Maithili languages will come on the roads to express their discontentment. I am a Bhojpuri speaking person. I would like to tell that if Bhojpuri-speaking people will also come on the roads and the Cabinet has not expressed its opinion of the Bill under consideration yet as to which language will be included in that. Whether all the above mentioned languages would be included or the Government has decided that it will introduce the language in the Bill or speakers of which come on the roads and pressures it. Whether only then the Government will act according to its discretion or it will act itself that the language will be introduced in the Bill, which is spoken 462 Const. (Amend.) Bill (Amend. of 8th schedule) by Smt. Dil Kumari Bhandari

by 50 lakh or 1 crore people. I seek a clarification from the hon.

Minister whether the Government has fixed any norm that if a language is spoken by a certain number of people it will be introduced in this Bill.

PROF. PREM DHUMAL (Hamirpur): Mr. Chairman, Sir, with reference to the point raised by the hon. Member Shri Mohan Singh I would like to say that a Bill has been introduced for inclusion of Nepali. It was followed by an agitation by Manipuri speaking people. He raised points about Bhojpuri and all the members are speaking about their constituencies. A big agitation is going on in Jammu for inclusion of Dogri language in the Eighth Scheduled. The issue of Rajasthani has already been raised in the House. The hon. Minister should clearly assure as to what will be the norms? Which languages are being included in the Eighth Scheduled by the Government and whether it will prove true that whenever supporter of any language will launch a violent agitation then suddenly the Government will announce that it is including that Particular language as well. Therefore, such norms should be fixed at national level, according to which it should be acertained as to which languages will be included in the eighth scheduled. Otherwise a wrong signal will be given throughout the country that only that language is included in the Eighth Scheduled for which there are violent agitations and those languages are not included, the speakers who demand it peacefully, though people from that area staged a dharna also at Boat Club, their demand is reasonable and it is spoken in a large area. Inspite of that if the Government will not include those languages, it means it is giving invitations to some more agitations. While the Government is already facing several agitations why it is inviting one more? I request you that making a clear policy the Government should inform this House as well as to the nation.

SHRI AYUB KHAN (Jhunjhunu): Mr. Chairman, Sir, I belong to

Rajasthan. Rajasthan is the largest states of the country in the area.

The language of the State is a glorious one. It is a land of brave people or very bit of the land echoes bravery. The

463 Const. (Amend.) Bill (Amend. of 8th schedule) by Smt. Dil Kumari Bhandari

[Sh. Ayub Khan]

people of the State had also staged a demonstration at Boat Club and had handed over a memorandum to the hon. Minister, whether Rajasthani will also be included in this Bill or not. I emphatically request that Rajasthani should also be included in this Bill when it will be presented in the House.

SHRI VIJOY KUMAR YADAV (Nalanda): Mr. Chairman, Sir, the

discussion is going on in the House about inclusion of the languages in the Eighth Schedule. Will the hon. Minister keep in mind the difference between language and dialect while discussing the issue of inclusion of languages in the Eighth Schedule. The issues of Maithili, Bhojpuri and Maghi are being raised in Bihar. Our language is Hindi, but people speak Maithili, Bhojpuri and Maghi there. I have not raised the issue that Maghi should also be included in the Eighth Scheduled but dialects change at very short distances. These cannot be called languages. Therefore, I would like to know whether the hon. Minister will keep in mind these things while discussing language issue or not?

[English]

SHRI AJOY MUKHOPADYAY: Sir, I would like to know whether all the three languages, including Nepali, will be there in the proposed Bill.

I want to know this categorically from the Minister.

SHRI K.P. REDDAIAH YADAV (Machilipatnam): Sir, there may be a number of languages which are to be included in the Eighth Scheduled.

These people have been fighting for the last 25 years that Nepali and Manipuri should be included in the Eighth Schedule. Now by means of this Bill, we wanted that both these languages may be included in the Eighth Schedule.

I want the hon. Home Minister-if at all they want to bring a legislation, a new Bill from the Government side-to see that these two languages must be included; if they, at all., want to consider them, let them consider through a separate Bill. So, the aspirations 464 Const. (Amend.) Bill (Amend. of 8th schedule) by Smt. Dil Kumari Bhandari

of the Indian Nepalese are respected since they have been fighting for the last so many years.

Dr. Karan Sigh had also brought a Bill in 1971 and 94 MPs had given a memorandum to the Prime Minister. So, this is not a new thing that it has been introduced today, therefore, I request the hon. Home Minister to respect the feeling of the Napalese brothers and their Manipuri brothers.

SHRI SOMNATH CHATTERJEE (Bolpur): I am thankful for this

opportunity. The matter, I through, was not an uncertain matter because there is a very definite commitment by the Government that at the begining of the Session-when the leaders' meeting with the Speaker was held-that this Bill will be introduced in this Session. This assurance was given also on the Floor of this House. I got it clarified when the Business Advisory Committee Report came here, that this Bill will be introduced in this Session.

We met the hon. Prime Minister on a deputation; and it was on that basis we parted company on that day that this Bill will come. In our presence, the hon. Prime Minister asked the Home Minister to make the study immediately and he said, the hon. Prime Minister made a very significant comment that this is a matter I do not wish to delay because I do not want I am quoting his words-that the matter spills on his feet; this is an important observation made by the hon. Prime Minister; and we came from the meeting; all-party delegation was there; and he said that this Bill will be introduced in this Session with a Nepali Language in it. After all, in spite of these assurances, it is very unfortunate that the Government should now come with a statement that this matter is still being finalised; and almost, we are having an extended Session because of the accident of the Vice- Presidential election, exigency of that. Otherwise, the Session would have been over on the 12th and till today, for six weeks, not six weeks, for years, the Government is unable to take a decision. So far as West Bengal is concerned, this matter is vitally important. An all- party resoulation was passed in the Assembly-

465 Const. (Amend.) Bill (Amend. of 8th schedule) by Smt. Dil Kumari Bhandari

not one, several resolutions. All-party delegations have come to Delhi including the Congress party. There may be a new entrant in the Congress Party; may be having his own personal compulsion; I do not know. But the Congress party, as a whole, has committed to this.

(Interruptions) You put you question to your new party, not to me.

Therefore, Mr. Chairman, I implore upon the hon. Minister not to procrastinate over this, not to complicate the matter further and the Minister must fulfil the commitment. We demand that this Bill must be introduced within this session. Otherwise, we feel that it will be very difficult in future to accept any assurance given by this Government.

From the very begining of this session a commitment has been made and we want Nepali to be included in an unadulterated form. An attempt is being made, for reasons which are obvious, to queer the pith. The hon. Minister should not fall into this partisan game. He is being misled and if he continue to be guided by partisan considerations where language is concerned, then he is going to set a very bad precedent, a dangerous precedent.

Therefore, we request the Government to include Nepali in an unadulterated form. I may mention that an all party meting was to be held in Darjeeling last month. It was not held so that the situation may not be complicated plus because of the definite assurance given by the Government that this Government will be introducing the Bill in this session. After this, if the Government does not do so, it will be a deliberate breach of faith, and a breach of an assurance given. Of course, I am not making any controversial statement now. They may not like it. Even now politely I am saying, "Do it now, otherwise there will be trouble."

SHRI YAIMA SINGH YAMNAM (Inner Manipur): The Bill which is before the House refers to Nepali and Manipur. In the light of the assurance given by the hon. Minister of State for Home Affairs, Shri M.M. Jacob, on the strength of the assurance, I would also

466 Const. (Amend.) Bill (Amend. of 8th schedule) by Smt. Dil Kumari Bhandari

like to request the Mover of the Bill to withdraw it. The Bill deals with two languages, Nepali and Manipuri.

We have heard just now that hon. Members have raised the issue of some other languages also. We welcome it. We do not say that their case should not be considered. We shall be very glad and we shall welcome when their cases are also brought up in the House. We shall take them up separately.

MR. CHAIRMAN: I have given you time only to give some points, not to make a speech.

SHRI YAIMA YAMNAM: My request would be that the proposal for inclusion of other new languages must not be treated by the hon. House in the same way as introducing the Bill which is referred to here. So, with these few words, I also join the others in requesting the Mover of the Bill Shrimati Dil Kumari Bhandari to withdraw the Bill.

[Translation]

SHRI SYED MASUDAL HOSSAIN (Murshidabad): Sir, the Government has given an assurance but it has not been fulfilled yet. I would like to say that promises are to be kept and this Bill has to be introduced in this very session.

I would like to suggest that Nepali and Manipuri are official languages of two States while Rajasthani and Maithili are not official languages in Rajasthan or Bihar, though Sahitya Academi has recognised them. So you have a clear guideline before you that the language which is official language of any State and is recognised by the Sahitya Akademi should be included in the Eighth Scheduled. Therefore, I request the Government that a Bill should be introduced in the House as soon as possible for inclusion of Nepali and Manipuri in the Eight Scheduled.

[English]

SHRI M.M. JACOB: I want to clarify one or two points. Some of our hon. Members

467 Const. (Amend.) Bill (Amend. of 8th schedule) by Smt. Dil Kumari Bhandari

[Sh. M.M. Jacob]

were asking me what we are going to include in the Bill and what we are going to do, what we are going to say in the Bill and all that. It is an old time practice of the Government that before a Bill is really introduced in the House and circulated nobody will reveal the contents of the Bill in public. That is actually a violation of the rule itself.

I may not be in position to give the contents of that Bill exactly, but at the same time, the spirit in which the Bill is being brought out and it is formulated are all known to this House.

I made it very clear on the last occasion when I spoke. Shri Somnath Chatterjee came after my initial reaction, so he did not hear what I said. That is why probably he said that the Government was violating the assurance and all that. I said that inclusion of languages in the Eighth Schedule is in the list of business published this time. So, the Government holds the view that it is going to be brought in this Session. I also stated that all these days we were busy with the other items in this House. Even the ordinances, that we are about to be brought in, would be lapsed if we do not pass them.

Even those things could not be passed for want of time because the House was agitated on various other issues.

I can understand and appreciate the agitation of the House. But the details of the languages which are going to be included; What is going to be name of that language all those things are maters of details to be debated when the Bill is brought on the floor of the House. So, we have taken into account all the suggestions made here.

All the suggestions are noted. That has already formed of the Bill.

Most of the suggestions are taken, to account. So, a suitable Bill will be introduce very shortly. We are hoping to introduce this Bill in this Session.

Kindly cooperate with us to pass the other Ordinances and the other essential business so that we will have time to bring other Bills... (Interruptions)

468 Const. (Amend.) Bill (Amend. of 8th schedule) by Smt. Dil Kumari Bhandari

SHRI SOMNATH CHATTERJEE: This Government cannot have a more responsive Opposition than the present Opposition so long as they do good things. But the trouble is that they hardly do good things..

(Interruptions) The language Bill will be passed without discussion except one person.... (Interruptions)