20.12.91 *t04 CONSTITUTION (SEVENTY-FOURTH AMENDMENT) BILL (insertion of now Articles 239AA 239AB) [English] THE MINISTER OF HOME AFFAIRS (SHRI S.B. CHAVAN): Mr. Speaker, Sir, I beg to move: "That the Bill further to amend the Constitution of India, be taken into consideration." The Bill seeks to make special provisions in the Constitution for a new set-up for the administration of the Union Territory of Delhi, including provisions for the establishment of a Legislative Assembly and a Council of Ministers responsible to such Assembly. As the House is aware, Delhi is a Union Territory administered under Article 239 of the Constitution. Under the existing law, namely, the Delhi Administration Act, 1966, there is a metropolitan Council with elected members and an Executive Council to assist and advise the Administrator in the exercise of his function other than those. in which he is to exercise his discretion. The Metropolitan Council is only an advisory body with no legislative powers. There has been a persistent demand for a representative form of government in Delhi and also for removing problems faced by the common man, such as multiplicity of authorities with overlapping functions. With a view to finding a permanent solution to the problems, the Government appointed a Committee on 24.12.1987 under the Chairmanship initially of Shri Justice R.S. Sarkaria and subsequently of Shri S. Balakrishnan with wide terms of reference to enable it to suggest remedies for the 843 Const. (74 Amend.) Bill (Insertion of [Sh. S.B. Chavan] longstanding problems faced by the people of Delhi. The Committee submitted its report on 14th December, 1989. The Committee had gone into the matter in great detail and considered the various issues in all their aspects after examining the memoranda received by it from various persons and holding detailed discussion with individuals, representatives of institutions and political parties, eminent citizens, experts and knowledgeable persons with long experience in administration and public affairs. It also examined the details of the arrangement made in the national capitals of other countries with a federal set up and took note of the views expressed in the debates in the Constituent Assembly and houses of Parliament on various occasions in regard to the arrangements for the capital. It also studied the recommendations made by the. earlier Committees and Commissions. The Committee was aware of the complexities involved in designing a proper structure of government for a national capital. particularly for a country with a federal set up. Two conflicting requirements have to be reconciled. First, the requirement of satisfying the democratic aspirations of the citizens of the capital to govern themselves in consonance with the spirit of the Constitution is very important. Secondly, as has been recognised the world over, as well as in our country all along, the national Government should have sufficient control of the capital city and its administration for discharging its national and international responsibilities and commitments. Further the effective administra- tion of the National capital is of vital importance to the National Government for ensuring the requisite degree of security and administrative efficiency. In addition, there is the need to preserve the cosmopolitan character of the capital. The report of the Bala- krishnan Committee has attempted to de- Arts. 239AA, etc.) 844 sign a governmental structure for Delhi which would secure a reasonable balance between these requirements. The Committee has come to the conclusion that on an objective appraisal of all aspects, any arrangement that involves a Constitutional division of functions and responsibilities between the Union and Delhi Administration will be against the national interest and should be ruled out and that, therefore, Delhi should continue to be a Union Territory with a Legislative Assembly with appropriate powers. It has also recommended that the subjects of public order, police and land should be retained with the Centre as they are matters of vital importance for which the responsibility cannot be divided. This is also broadly in line with the provisions made in Government of Part C States Act, 1951, enacted by the Constituent Assembly sitting as Parliament. The details of the new arrangements for the national capital will be clear from the provisions of the Bill and I do not propose to go over the same. After carefully examining the report of the Balakrishnan Committee and considering all aspects, it has been decided to enact legislation generally on the lines of the recommendations of this Committee and the Bill seeks to make appropriate provisions in this regard. As the House may be aware, on earlier occasions whenever a democratic set up was considered for Delhi, such as under the Government of Part C States Act, 1951 and also under the Bill introduced in 1978, necessary provisions for a democratic set up were made under a parliamentary law enacted in pursuance of article 239A. However, in the case of Delhi which is the national capital, the Committee has recommended that the provisions for the democratic st up should be incorporated in the Constitution itself with a view to securing a measure of stability and permanence and also giving a special status to the national capital, Delhi as the national capital, has a unique 845 Const. (74 Amend.) Bill (insertion of status and certain distinguishing features. In view of its importance for the country as a whole, it should inspire a sense of belonging to all the States, which cannot happen if it is located in the territory of, or be controlled primarily by, a single State. The arrangements made in this regard to the national capitals in others countries, particularly those with a federal set up, and all the thinking that has gone into this subject so far, fully support the view that the National Capital should be under the full control of the National Government. At no time in the past, has it ever been considered possible to make Delhi a fullfledged State. The Constituent Assembly went into the matter in great depth. It was observed during the debates that "in the capital city of a large federation like ours, the arrangement should be that in the area over which the federal Government has to function daily, practically in all details, that Government should have unfettered power, power which is not contested by another and subordinate Legislature". The States Reorganisation Committee and all other Committees have reached the same conclusion. Several important national and international institutions like the President, Parliament, the Supreme Court etc., as well as all foreign diplomatic missions, international agencies etc., are located in Delhi. It is also a place to which high dignitaries from other nations pay official visits frequently and it is in the national interest that the highest possible standards should be maintained in the administration of the national capital, It is also in the national interest that the Centre should have control over the national capital in all matters irrespective of whether they are in the State field or Union field. If Delhi is made a fullfledged State, it would be Constitutionally impossible for the Central Government to intervene in any matter relatable to the State List, such as public order, public health, essential sup- Arts. 239AA, etc.) 846 plies, municipal services etc. This complete Constitutional prohibition will make it impossible for the Central Government to dis- charge ints national and international responsibilities in relation to Capital, if Delhi becomes a full State. The Balakrishnan Committee has gone into the matter in depth and has given several reasons why Delhi cannot be made a fullfledged State. It has categorically stated that it will be against the national interest to make Delhi a fullfledged State. I have no doubt that the Bill will go a long way in satisfying the long and cherished desire of the people of Delhi to have an effective say in the administration checkering their problems. The Committee in Part 11 of its report has made recommendations on other matters relating to Delhi. such as the reorganisation of the Municipal Corporation, agencies for supply of electricity and water etc. These recommendations are under consideration. The Government will come before Parliament in due course for enacting necessary legislation for implementing such of the recommendations as are found to be acceptable. I take this opportunity to place on record our appreciation of the valuable work done by the Balakrishnan Committee on such an important subject. With these words, Sir, I commend this Bill to this august House for approval. MR, SPEAKER: Motion moved: "That the Bill further to amend the Constitution of India be taken into consideration." SHRI MANORANJAN BHAKTA (Andaman and Nicobar Islands): Sir, I am an a point for clarification. I welcome the Home 847 Const. (74 Amend.) Bill (Insertion of [Sh. Manoranjan Bhakta] Minister raising the issue of Constitution amendment. I would like to request him to say something about those Union Territories also like the Andaman and Nicobar Islands and Lakshadweep. All these are also on the same footing. You are giving democratic right to the people of Delhi. Is the hon. Minister going to assure us that the people of those Union Territories also will be given some more democratic rights? This is my request. SHRI S.B. CHAVAN: At this stage, it will not be possible for Government to give any reaction to the query which the hon. Member has made. SHRI P.M. SAYEED (Lakshadweep):As has been mentioned by Shri Manoranjan Bhakta, we are coming from for flung areas. We have also populations without any legislation so far. We are not asking for full fledged State. At least, our budgets have risen up to hundreds. Now the Home Minister's demand is not discussed here for want of time. For many years, there also we did not have any legislature. Accountability for the action of the executive is not there. It is neither here nor there. Political aspirations should also be taken into account. At this juncture, we are welcoming this measure. We welcome the people of Delhi to have a legislature. At the same time, at least the Government must come forward with a good gesture that we will be given at least some teeth with the present setup. That is what we want from the hon. Minister at this juncture. What is the reaction of the hon. Home Minister? THE MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS AND MINISTER OF STATE IN THE MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (SHRI RANGARAJAN KUMARAMANGALAM): I may point out that it is decided that a detailed discussion regarding the matter of Delhi becoming a Arts. 239AA, etc.) 848 State can really take place when the National Capital Territories Bill is taken up in the evening. We would vote this and a detailed discussion can take place at that time. MR. SPEAKER: Before I put the motion for consideration of the Bill to vote, I would like to say that this being a Constitution (Amendment) Bill, voting has to be by division. let the Lobbies be cleared- MR. SPEAKER: Now, the Lobbies have been cleared. The question is: "That the Bill further to amend the Constitution of India, be taken into consideration.' The Lok Sabha divided: 12.20 hrs. Division No.1 AYES A Abedya Nath, Mahant Acharia, Shri Basu Deb Advani, Shri Lal K. Agnihotri, Shri Rajendra Ahamed, Shri E. Akber Pasha, Shri B. Anbarasu Era, Shri Arunchalam, Shri M. Asokaraj, Shri A. 849 Const. (74 Amend.) Bill (Insertion of Athithan, Shri R. Dhanuskodi B Baitha, Shri Mehendra Bala, Dr. Asim Banerjee, Kumari Mamata Barisal, Shri Pawan Kumar Barman, Shri Palas Barman, Shri Uddhab Basu, Shri Chitta Bhadana, Shri Atar Singh Bhakta, Shri Manoranjan Bhandari, Shrimati Dil Kumari Bhardwaj, Shri Paras Ram Bhargava, Shri Girdhari Lal Bhattacharya, Shrimati Malini Bhonsle, Shri Prataprao B. Bhonsle, Shri Tejsinghrao Bhuria, Shri Deleep Singh Birbal, Shri Brohmo Chaudhury, Shri Satyendr Nath C Chakraborty, Prof. Susanta Chandralkar, Shri Chandulal Charles, Shri A. Arts. 239AA, etc.) 850 Chatterjee, Shri Nirmal Kanti Chaudhary, Shri Ram Prakash Chaudhary, Shri Rudrasen Chaudhri, Shri Narain Singh Chauhan, Shri Chetan P.S. Chaure, Shri Bapu Hari Chavan, Shri Prithviraj D. Chavda, Shri Harisinh Chennithala, Shri Ramesh Chiclambaram, Shri P. Chhotey Lal, Shri Choudhury, Shri Lokanath D Damor, Shri Somjibhai Delkar, Shri Mohan S. Dennis, Shri N. Deora, Shri Murli Deshmukh, Shri Ashok Anandrao Deshmukh, Shri Chandubhai Dev, Shri Sontosh Mohan Devarajan, Shri B. Dhumal, Prof. Prem Digvijaya Singh, Shri Dome, Dr. Ram Chandra Drona, Shri Jagat Vir Singh 851 Const. (74 Amend.) Bill (Insertion of F Farook, Shri M.O.H. Fatmi, Shri Mohammad Ali Ashraf Fernandes, Shri Oscar G Gaikwad, Shri Udyasingrao Gajapathi, Shri Gopi Nath Gamit, Shri Chhitubhai Gangwar, Shri. P.R. Gangwar, Shri Santosh Kumar Gautam, Shrimati Sheela Gavit, Shri Manikrao Hodlya Gehlot, Shri Ashok Ghafoor, Shri Abdul Ghangare, Shri Ramchadra Marotrao Gogoi, Shri Tarun Gowda, Prof. K. Venkatagiri Gudadinni, Shri B.K. Gupta, Shri Indrajit H Handique, Shri Bijoy Krishna Hooda, Shri Bhupinder Singh I Inder Jit, Shri Islam, Shri Nurul Arts. 239AA, etc.) 852 J Jai Prakash, Shri Jakhar, Shri Balram Janarthanan, Shri M.R. Kadambur Jaswant Singh, Shri Jatiya, Shri Satyanarayan Jawali, Dr. B.G. Jayamohan, Shri A. Jena, Shri Srikanta Jha, Shri Bhogendra Joshi, Shri Anna K Kahandcle, Shri Z.M. Kale, Shri Shankarrao D. Kalka Das, Shri Kamat, Shri Gurudas Kamson, Prof. M. Kanithi, Dr. Viswanatham Kanodia, Shri Mahesh Kapse, Shri Ram Karreddula, Shrimati Karnala Kumari Kashwan, Shri Ram Singh Katheria, Shri Prabhu Dayal Katigar, Shri Vinay Kaul, Shrimati Sheila 853 Const. (74 Amend.) Bill (insertion of Khan, Shri Ayub Khan, Shri Sukhendu Khandelwal, Shri Tara Chand Khanoria, Shri D.D. Khurana, Shri Madan Lal Khursheed, Shri Salman Konathala, Shri Rama Krishna Krishan Kumar, Shri S. Krishnaswamy, Shri M. Krishnendra Kaur, Shrimati Kudumaula, Kumari Padmasree Kumar, Shri V. Dhananjaya Kumaramangalam, Shri Rangarajan Kuppuswamy, Shri C.K. Kurien, Prof. P.J. Kusmaria, Shri Ramkrishna L Lakshmanan, Prof. Savithri laljan Basha, Shri S.M. Lodha Shri Guman Mal M Mahato. Shri Bir Singh Malik, Shri Dharampal Singh Malik, Shri Purna Chandra Malikkarjun, Shri Arts. 239AA, etc.) 854 Mallu, Dr. R. Mandal, Shri Brahmanand Mancial, Shri Sanat Kumar Manjay Lal, Shri Marbaniang, Shri Peter G. Mathur, Shri Shiv Charan Maurya, Shri Anand Ratna Mirdha, Shri Nathu Ram Mirdha, Shri Ram Niwas Mishra, Shri Ram Nagina Misra, Shri Janardan Misra, Shri Satyagopal Mujahid, Shri B.M. Mukherjee, Shrimati Geeta Mukherjee, Shri Subrata Mukhopadhyay, Shri Ajoy Munda, Shri Govinda Chandra Munda, Shri Kariya Muniyappa, Shri K.H. Murthy. Shri M.V. Chandrashekara Murthy, Shri M.V.V.S. Murugesan, Dr. N. Mutternwar, Shri Vilas N Naik, Shri Ram 855 Const. (74 Amend.) Bill (insertion of Naikar, Shri D.K. Nandi, Shri Yellaiah Narayanan. Shri P.G. Nawale, Shri Vidura Vithoba Nayak, Shri Mrutyjnuaya Netam, Shri Arvind O Odeyar, Shri Channiah Oraon, Shri Lalit P Pal, Shri Rupchand Palacholla, Shri Vankata Rangayya Naidu Pandeya, Dr. Laxminarayan Panigrahi, Shri Sriballav Panja. Shri Ajit Passi, Shri Balraj Paswan, Shri Cheddi Paswan, Shri Ram Vilas Paswan, Shri Sukdeo Patel, Dr. Amrit Lal Kalidas Patel, Shri Haribhai Patel, Shri Ram Pujan Patel, Shri Shravan Kumar Patel, Shri Uttambhai Harjibhai Patidar, Shri Rameshwar Arts. 239AA, etc.) 856 Patil, Shri prakash V. Patil, Shrimati Pratibha Devisingh Patil, Shri Uttamrao Deorao Patil, Shri Yashwantrao Patnaik, Shri Sivaji Pilot, Shri Rajesh Poosapati, Shri Anandgajapati Raju Prabhu Zantye, Shri Harish Narayan Pradhani, Shri K. Pramanik, Shri Radhika Ranjan Prem, Shri B.L. Sharma Purkayastha, Shri Kabndra R Rahi, Shri Ram Lal Rai, Shri Lall Babu Rai, Shri M. Ramanna Rai, Shri Nawal Kishore Rai, Shri Ram Nihor Rajeshwari, Shrimati Basava Raj, Narain, Shri Rajulu, Dr. R.K.G. Ram, Shri Prom Chand Ramaiah, Shri Bolla Bulli Ramamurthy, Shri K. Ramsnagar, Shri 857 Const (74 Amend.) Bill (insertion of Rana, Shri Kashiram Rao, Shri J.Chokka Rao, Shri P.V. Narasimha Rathva, Shri Naranbhai Jamlabhai Rawat, Shri Prabhu Lal Rawat. Prof. Rasa Singh Ray, Shri Rabi Raychaudhuri, Shri Sudarsan Reddy, Shri A. Indrakaran Reddy, Shri B.N. Reddy, Shri G.Ganga Reddy, Shri Mahasamudram Gnanendra Reddy, Shri R. Surender Reddy, Shri K. Vijaya Bhaskara Reddy, Shri Y.S.Rajashekhar Roy, Shri Haradhan Roypradhan, Shri Amar S Sai, Shri A. Pratap Sahi, Shrimati Krishna Sait, Shri Ebrahim Sulaiman Sajjan Kumar, Shri Saleem Shri Mohammad Yunus Sarode, Dr. Gunvant Rambhau Save, Shri Moreshewar Arts. 239AA, etc.) 858 Sawant, Shri Sudhir Sayeed, Shri P.M. Scindia, Shri Madhavrao Scindia, Shrimati Vijaya Raje Selja, Kumari Sethi, Shri Arjun Charan Shakya, Dr. Mahadeepak Singh Shankaranand, Shri B. Sharma, Shri Chiramnji Lal Sharma, Shri Jeewan Sharma, Shri Rajendra Kumar Shastri, Acharya Vishwanath Das Shastri, Shri Vishwanath Sindal, Shri S.B. Silvera, Dr. C. Singh, Shri Dalbir Singh, Shri Hari Kishore Singh, Shri Jangbir Singh, Shri Manphool Singh, Shri Motilal Singh, Shri Pratap Singh, Kumari Pushpa Devi Singh, Shri Ram Singh, Shri Ramashray Prasad Singh, Shri Raminaresh 859 Const (74 Amend.) Bill (Insertion of Singh, Shri Rampal Singh, Shri S.B. Singh, Shri Uday Pratap Singh, Shri Vishwanath Pratap Singh Deo, Shri K.P. Solanki, Shri Surajbhanu Soundaram, Dr. (Shrimati) K.S. Sukh Ram, Shri Sultanpuri, Shri Krishan Dutt Suresh, Shri Kodikkunil Swami, Shri Sureshanand Swamy, Shri G.Venkat Syed, Shahabuddin, Shri T Thakore, Shri Gabhaji Mangaji Thakur, Shri Mahendra Kumar Singh Thagkabalu, Shri K.V. Tharadevi Sidhartha, Shrimati D.K. Thomas, Prof. Shri K.V. Thomas, Shri P.C. Thorat, Shri Sandipan Bhagwan Thungon, Shri P.K. Tomar, Shri Ramesh Chand Topdar, Shri Tarit Baran Tripathi, Shri Prakash Narain Arts. 239AA, etc.) 860 Trivedi, Shri Arvind Tytler, Shri Jagdish U Uma Bharti, Kumari Umbrey, Shri Laeta Ummareddy Venkateswarlu, Prof. Upadhyay, Shri Swarup Urs, Shrimati Chandra Prabha V Vadde, Shri Sobhanadreeswara Rao Vajpayee, Shri Atal Bihari Verma, Shri Ratilal Verma, Shri Bhawani Lal Verma, Shri Phool Chand Verma, Shri Shiv Sharan Verma, Kumari Vimla Vijayaraghavan, Shri V.S. Virendra Singh, Shri Vyas, Dr. Girija W Wasnik, Shri Mukul Balkrishna Y Yadav, Shri Chandra Jeet Yadav, Shri Chun Chun Prasad Yadav, Shri Devendra Prasad Yadav, Shri Ram Lakhan Singh 861 Const. (74 Amend.) Bill (insertion of Yadav. Shri Ram Saran Z Zainal Abedin, Shri NOES Khan, Shri Ghulam Mohammad MR. SPEAKER: Subject to correction", the result of the division is: Ayes - 289 Noes - 01 The motion is carried by a majority of the total membership of the House and by a majority of not less than two-thirds of the members present and voting. The motion was adopted MR. SPEAKER: Now, we shall take up clause by clause consideration. We shall take up Clause No. 2. There are some amendments against Clause No. 2 from the Arts. 239AA, etc.) 862 Government side and there are amendments suggested by other Members also. Clause-2 Insertion of new article 239A A and 239 AB SHRI LAL. K. ADVANI (Gandhi Nagar): Sir, I beg to move; Page 3,- for lines 29 to 43, substitute- (1) "239AB. If the President on receipt of a report from the Lieutenant Governor or otherwise, is satisfied that situation has arisen in which the administration of the National Capital territory cannot be carried on in accordance with the provisions of article 239AA or of any law made in pursuance of that article, the President may by Order suspend the operation of any provision of article 239AA or any of the reprovisions and make such incidental and consequential provisions as may appear to him to be necessary or expedient for administering ----------------------------------------------------------------------- *The following members also recorded their votes for Ayes: Shri Eduardo Faleiro. Dr. Chinta Mohan, Sarvashri Mullappally Ramachandran, S.B. Nyamagowda, Smt. Kamla Kumari Karreddula, Sarvashri Damu Barku Shingda, M Baga Reddy, Manku Ram Sodi, Harilal Nanji Patel, G. Made Gowda, Gangadhara Sanipalli, Anantha Venkata Reddy, Kodakani Gowdana Shivappa, Probin Deka, Tara Singh, p.C. Chacko, Rao Ram Singh, Sarvashri Pala K.M. Mathew, Vishweshwar Bhagat, Dr. Kartikeswar Patra, Sarvashri Sarat Chandra Pattanayak, Bare Lai Jatav, Dr. (Smt.) Padma, Sarvashri Balin Kuli, Ankushrao Raosaheb Tope, Kirip Chaliha, Chinnasamy Srinivasan, Satish Kumar Sharma, P.P. Kaliaperumal, Anand Ahirwar. Bheru Lal Meena, K. Thulasiah Vandayar, Subash Chandra Nayak, G.M.C. Balayogi, Yaima Singh Yumnam, K.P. Reddiah Yadav, Dr. K.V.R. Chowdary Dharmabhiksham, Ram Badan, Vilasrao Nagnathrao Gundewar, N.K. Baliyan, Smt. Saroj Dubey, Sarvashri Shivraj Singh Chauhan, Manabendra Shah, Smt, Rita Verma, Smt. Sumitra Mahajan, Sarvashri V.N. Sharma, Mangal Ram Premi, Ramdew Ram, Chinmayan and Swami, Bhuwan Chandra Khanduri, Dau DayalJoshi, Ram Tahal Choudhary. Dwaraka Nath Das, Yoganand Saraswati, Ram Narain Berwa, Shyam Bihari Misra, Dr. Lal Bahadur Rawal, Shri Pankaj Chowdhary, Dr. Mahavirsinh Gohil, Dr. K.D. Jeswani, Kumari Frida, Topno, Shri Sharad Yadav and Shri Nitish Kumar. 863 Const. (74 Amend.) Bill (insertion of the National Capital territory in accordance with the provisions of article 239 and article 239 AA. (2) Any such Order may be revoked or varied by a subsequent order. (3) Every Order under this article shall be laid before each House of Parliament and shall except where it is an Order revoking a previous order cease to operate at the expiration of two months unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament: Provided that if nay such Order is issued at a time when the House of the People is dissolved or the dissolution of the House of the People takes place during the period of two months referred to in this clause, and if a resolution approving the Order has been passed by the Council of States, but no resolution with respect to such Order has been passed by the House of the People before the expiration of that period, the Order shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the Order has been also passed by the House of the People. (4) An Order so approved shall, unless revoked, cease to operate on the expiration of a period of six months from the date of issue of the Order: Provided that if and so often as a resolution approving the continuance in force of such an Order is passed by both Houses of Parliament, the Order shall, unless re- Arts. 239AA, etc.) 864 voked, continue in force for a further period of six months from the date on which under this clause it would otherwise have ceased to operate, but no such Order shall in any case remain in force for more than three years: Provided further that if the dissolution of the House of the People takes place during any such period of six months and a resolution approving the continuance in force of such Order has been passed by the Council of States, but no resolution with respect to the continuance in force of such Order has been passed by the House of the People during the said period, the Order shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the continuance in force of the Order has been also passed by the House of the People. (5) Notwithstanding anything contained in clause (4), a resolution with respect to the continuance in force of an Order approved under clause (3) for any period beyond the expiration of one year from the date of issue of such Order shall not be passed by either House of Parliament unless-.- (a) A Proclamation of Emergency is in operation, in the whole of India or, as the case may be in the whole or any part of the State, at the time of the passing of such resolution, and (b) the Election Commission certifies that the continuance in force of the Order approved under clause (3) 865 Const (74 Amend.) Bill (insertion of during the period specified in such resolution is necessary on account of difficulties in holding General Elections to the Legislative Assembly of the National Capital territory." (1) SHRI S.B. CHAVAN: Sir, I beg to move: Page 1, line 10,--- for "Seventy-fourth" substitute "Sixty-ninth" (4) SHRI MADAN LAL KHURANA (South Delhi): Sir, I beg to move: Page 2, lines 20 to 23,- omit "except matters with rasped to Entries 1,2 and 18 of the State List and Entries 64,65 and 66 of that List in so far as they relate to the said Entries 1,2 and 18." (5) Page 2. lines 43 to 45,- omit "consisting of not more than 10 per cent if the total number of members in the Legislative Assembly," (6) Page 3, line 39,- for "such period as he thinks fit" substitute- "a period not exceeding six months at a time but not more than two years in all." (7) Page 3,- after line 43, insert-- "(2) Any such order may be revoked or varied by a subsequent Order. Arts. 239AA, etc.) 866 (3) Every such order shall be laid before each House of Parliament and shall except where it is an Order revoking a previous Order, cease to operate at the expiration of that period it has been approved by resolutions of both Houses of Parliament." (8) Page 1, line 11.- for "National Capital territory' substitute-- "National Capital Delhi territory". (19) Page 2, line 9,--- for "articles 324 to 327 and 329" substitute- "articles 54,55,324 to 327 and 329". (10) SHRI KALKA DAS (Karolbagh): Sir, I beg to move: Page 2,- omit lines 24 to 26. (11) Page 3, omit lines 1 to 8 SHRI TARA CHAND KHANDELWAL (Chandni Chowk): Sir, I beg to move: Page 3,- for lines 9 to 12, substitute---- (12) "(5) The Chief Minister shall be elected by the elected members of the Legislative Assembly and other Ministers shall be appointed by the President on the advice of the Chief Minister'. (13) 867 Const. (74 Amend.) Bill (Insertion of MR. SPEAKER : ammendment No. 14 is indentiacal with amendment No. 6 and amendment No. 15 is identical with amendment No. 7. SHRI S.B. CHAVAN: Sir, I beg to move: Page 3, line 15.- omit"(a) Page 3,- (19) omit lines 18 to 21 Page 3 line 39,- (20) for "as thinks fit' substitute- "and subject to such conditions as may be specified in such law' (21) MR. SPEAKER: Amendments Nos. 22,23,24,25,26 and 27, given by Shri Girdhari Lal Bhargava are idential with other amendments. Therefore, they would not be moved. I shall now put Amendment No. 4 to the vote of the House. The question is: Page 1, line 10,- for "Seventy-fourth' substitute "Sixty-ninth' (4) The motion was adopted. MR. SPEAKER: I am now putting the amendments one after the other. I shall now put Amendment No. 1 moved by Shri Lal K. Advani to the vote of the House. Amendment No. 1 was put and negatived. 868 Arts 239AA, etc) MR. SPEAKER: I shall now put Amendment No. 5, moved by Shri Madan Lal Khurana to the vote of the house. Amendment No. 5 was put and negatived. MR. SPEAKER: I shall now put Amendment Nos. 6 and 7, moved by Shri Madan Lal Khurana to the vote of the House. Amendments No. 6 and 7 were put and negatived. MR. SPEAKER: I shall now put Amendment Nos. 8,9 and 10 moved by Shri Madan Lal Khurana to the vote of the House. Amendment No. 8, 9 and 10 were put and negatived, MR. SPEAKER: I shall now put am end ments No. 11 and 12 moved by Shri Kalka Das to the vote of the House. Amendments No. 11 and 12 were put and negatived. MR. SPEAKER: I shall now put amendment No. 13 moved by Shri Tarachand Khandelwal to the vote of the House. Amendment No. 13 was put and negatived. MR. SPEAKER: Amendment Nos, 14 and 15 were not moved because they are identical with amendments No. 6 and 7. Amendments 16.17 and 18 were not moved. Amendments No. 19.20 and 21 are by the Government. [Translation] SHRI SAJJAN KUMAR: Mr. Speaker, Sir, I could not hear at that time. I move it now. (Interruptions) 869 Const. (74 Amend.) Bill (Insertion of [Engfish] MR. SPEAKER: I think Sajjan Kumarji, now there is no occasion for it. That stage is over, Please understand and cooperate. I hope you will cooperate. SHRI S.B. CHAVAN: It is a very important amendment. I don't know, he seemed to have missed it. Because the nomenclature of the National Capital Territory will have to be National Capital Territory of Delhi. That is the amendment and we will have to adopt the same. So. I bet to move: "Page 1, line 11,- for "National Capital Territory" substitute "National Capital Territory of Delhi (hereafter in this part referred to as the National Capital Territory)". [Translation] SHRI KALKA DAS: Mr. Speaker, Sir, I had also moved the same amendment but the Government rejected it----(Interruptions) SHRI LAL K. ADVANI : Mr. Speaker, Sir, the Government had agreed to keep the word 'Delhi'in it. But the official amendment does not have it. (interruptions) [English] MR. SPEAKER : It is not perfectly in line the rules, Yet I can see that It is the consensus of the entire House that it should be adopted. So I am allowing Mr. Sajjan Kumar to move it. (Interruptions) Arts. 239AA, etc.) 870 [Translation] SHRI LAL K. ADVANI: We want to move the same amendment, the Government has already moved it. SHRI KALKA DAS: Mr. Speaker, Sir, I also wanted the same amendment to be moved. (Interruptions) [English] MR. SPEAKER: Let us clear the confusion a little. I think Amendment No. 18 is being adopted by the Government and the Government side has moved it. So I am putting amendments No. 18,19,20 and 21 to the vote of the House. Shri Sajjan Kumar is not insisting and so I am not calling him. Similar to Amendment No. 18, the identical one has been given notice of by Shri Kalka Das and others also. So there is a consensus. The question is: "Page 1, line 11 - for "National Capital Territory" substitute "National Capital Territory of Delhi (heareafter in this Part referred to as the National Capital Territory)' (18) "Page 3, line 15,- omit "(a)" "Page 3, - omit lines 18 to 21." (19) "Pages 3, line 39,- (20) for "as he thinks fit' substitute "and subject to such conditions as may be specified in such law". (21) 871 Const. (74 Amend.) Bill (insertion of The motion was adopted. MR. SPEAKER: For this Clause there are other amendments. But they are identical to the amendments already put to the vote of the House. So I am not putting them to the vote of the House again. Now I put Clause 2 as amended to the vote of the House. Before I put clause 2, as amended, to the vote of the House, I would like to say that this being a Constitution (Amendment) Bill, voting has to be by division. Let the Lobbies be cleared- MR. SPEAKER: The Lobbies have already been cleared. I think, the Members agree that the Lobbies have been cleared. The question is: "That Clause 2, as amended, stand part of the Bill." The Lok Sabha divided 12.32 hrs. Division No. 2 AYES A Abedya Nath, Mahant Acharia, Shri Basu Deb Advani, Shri Lal K. Agnihotri, Shri Rajendra Ahamed, Shri E. Ahirwar, Shri Anand Arts. 239AA, etc.) 872 Anbarasu Era, Shri Arunachalam, Shri M. Asokaraj, Shri A. B Baitha, Shri Mehendra Bala, Dr. Asim Balayogi, Shri G.M.C. Banerjee, Kumari Mamata Bansal, Shri Pawan Kumar Barman, Shri Palas Barman, Shri Uddhat Basu, Shri Chitta Bhadana, Shri Atar Singh Bhagat, Shri Vishweshawar Bhakta, Shri Manoranjan Bhandari, Shrimati Dil Kumari Bhardwaj, Shri Paras Ram Bhargava, Shri Girdhari Lal Bhattacharaya, Shrimati Malini Bhonsle, Shri Prataprao B. Bhonsle, Shri Tejsinghrao Bhuria, Shri Deleep Singh Birbal, Shri 873 Const. (74 Amend.) Bill (Insertion of Brohmo Chaudhury, Shri Satyendra Nath C. Chacko, Shri P.C. Chakraborty, Prof. Susanta Chaliha, Shri Kirip Chandrakar, Shri Chandulal Charles, Shri A. Chatterjee, Shri Nirmal Kanti Chaudhary, Shri Ram Prakash Chaudhary, Shri Rudrasen Chaudhri, Shri Narain Singh Chauhan, Shri Chetan P.S. Chauhan, Shri Shiv Rai Singh Chaure, Shri Bapu Hari Chavan, Shri Prithviraj D. Chavda, Shri Harisinh Chennithala, Shri Ramesh Chidambaram, Shri P. Chinta Mohan, Dr. Choudhury, Shri Lokanath Chowdhary, Shri Pankaj D Damor, Shri Somjibhai Das, Shri Dwaraka Nath Arts. 239AA, etc.) 874 Das, Shri Ram Sunder Deka, Shri Probin Delkar, Shri Mohan S. Dennis, Shri N. Deora, Shri Murli Deshmukh, Shri Chandubhai Dev, Shri Sontosh Mohan Devarajan, Shri B. Dhumal, Prof. Prem Digvijaya Singh, Shri Dome, Dr. Ram Chandra Drona, Shri Jagat Vir Singh F Faleiro, Shri Eduardo Farook, Shri M.O.H. Fatmi, Shri Mohammad Ali Ashraf Fernandes, Shri Oscar G Gaikwad, Shri Udyasingrao Gajapathi, Shri Gopi Nath Gamit, Shri Chhitubhai Gangwar, Sr. P.R. Gangwar, Shri Santosh Kumar Gautam, Shrimati Sheela 875 Const. (74 Amend.) Bill (insertion of Gavit, Shri Manikrao Hodlya Gehlot, Shri Ashok Gogoi, Shri Tarun Gohil, Dr. Mahavirsinh Harisinhji Gowda, Prof. K. Venkatagiri Gudadinni, Shri B.K. Gupta, Shri Indrajit H Handique, Shri Bijoy Krishna Hooda, Shri Bhupinder Singh I Inder Jit, Shri Islam, Shri Nurul J Jai Prakash, Shri Jakhar, Shri Balram Janarthanan, Shri M.R. Kadambur Jaswant Singh, Shri Jatav, Shri Bare Lei Jatiya, Shri Satyanarayan Jawali, Dr. B.G. Jayamohan, Shri A. Jena, Shri Srikanta Jeswani, Dr. K.D. Arts. 239AA, etc.) 876 Jha, Shri Bhogendra Joshi, Shri Anna Joshi, Shri Dau Dayal K Kahandole, Shri Z. M. Kale, Shri Shankarrao D. Kalka Das, Shri Kamal, Shri Shyam Lai Kamat, Shri Gurudas Kamson, Prof.M. Kanithi, Dr. Viswanatham Kapse, Shri Ram Karrenddula, Shrimati Kamala Kumari Kashwan, Shri Ram Singh Katheria, Shri Prabhu Dayal Kaul, Shrimati Sheila Khan, Shri Ayub Khanduri, Shri Bhuwan Chandra Khanoria, Shri D.D. Khursheed, Shri Salman Konathala, Shri Rama Krishna Krishan Kumar, Shri S. Krishnaswarny, Shri M. Krishnandra Kaur (Deepa) Shrimati 877 Const. (74 Amend) Bill (Insertion of Kudumula, Kumari Padmasree Kuli, Shri Balin Kumari, Shri V. Dhananjaya Kumaramangalam, Shri Rangarajan Kuppuswamy, Shri C.K. Kurien, Prof. P.J. L Lakshmanan, Prof. Savithri Laljan Basha, Shri S.M. Lodha Shri Guman Mal M Mahajan, Shrimati Sumitra Mahato, Shri Bir Singh Malik, Shri Dharampal Singh Malik, Shri Purna Chandra Malikkarjun, Shri Mallikarjunaiah. Shri S. Mallu, Dr. R. Mandal, Shri Brahmanand Mandal, Shri Sanat Kumar Manjay Lal, Shri Marbaniang, Shri Peter G. Methew, Shri Pala K.M. Mathur, Shri Shiv Charan Arts. 239AA, etc.) 878 Meena, Shri Bheru Lal Mirdha, Shri Nathu Ram Mirdha, Shri Ram Niwas Mishra, Shri Ram Nagina Misra, Shri Janardan Misra, Shri Satyagopal Misra, Shri Shyam Bihari Mujahid, Shri B.M. Mukherjee, Shrimati Geeta Mukherjee, Shri Subrata Mukhopadhyay, Shri Ajoy Munda, Shri Kariya Muniyappa, Shri K.H.. Murmu, Shri Rup Chand Murthy, Shri M.V. Chandrashekara Murthy, Shri M.V.V.S. Murugesan, Dr. N. Mutternwar, Shri Vilas Muzahid, Shri B.M. N Naik, Shri Ram Naikar, Shri D.K Nandi, Shri Yellaiah Narayanan, Shri P.G. 879 Const. (74 Amend) Bill (Insertion of Nawale, Shri Vidura Vithoba Nayak, Shri Mrutyunjaya Nayak, Shri Subash Chandra Netam, Shri Arvind Nyamagouda, Shri S.B. O Ocleyar, Shri Channiah Oraon, Shri Lalit P Padam, Dr. (Shrimati) Pal, Shri Rupchand PaIacholla, Shri Venkata Rangayya Naidu Pandeya, Dr. Laxminarayan Panigrahi, Shri Sriballav Panja, Shri Ajit Passi, Shri Balraj Paswan, Shri Chheddi Paswan, Shri Ram Vilas Patel, Dr. Amrit Lal Kalidas Patel, Shri Haribhai Patel, Shri Harilal Nanji Patel, Shri Ram Pujan Patel, Shri, Shravan Kumar Harjibhai Patel, Shri Uttambhai 880 Arts. 239AA. ETC) Patidar, Shri Rameshwar Patil, Shri prakash V. Patil, Shrimati Pratibha Devisingh Patil, Shri Uttamro Deorao Patil, Shri Yashwantrao Patnaik, Shri Sivaji Pattnayak, Shri Sarat Chandra Pilot, Shri Rajesh, Poosapati Shri Anandgajapati Raju Prabhu Zantye, Shri Harish Narayan Pradhani, Shri K. Pramanik, Shri Radhika Ranjan Prem, Shri B.L. Sharma Premi, Shri Mangal Ram R Raw, Shri Ram Lal Rahi, Shri, Kalp Nath Rai, Shri Lall Babu' Rai, Shri M. Ramanna Rai, Shri Nawal Kishore Rajaravivarma, Shri B. Rajeshwari, Shrimati Basava Rai, Narain, Shri Rajulu, Dr. R.K.G. 881 Const. (74 Amend.) Bill (Insertion of Ram, Shri Prem Chand Ram Singh, Rao Ramchandran, Shri Mullappally Ramaiah, Shri Bolla Bulli Ramamurthy, Shri K. Ramdew Ram, Shri Ramragar, Shri Rana, Shri Kashiram Rao, Shri J.Chokka Rao, Shri P.V. Narasimha Rawal, Dr. Lai Bahadur Rawat, Shri Prabhu Lal Rawat, Prof. Rasa Singh Ray, Shri Rabi Raychaudhuri, Shri Sudarsan Reddy, Shri A. Indrakaran Reddy, Shri B.N. Reddy, Shri G.Ganga Reddy, Shri M. Baga Reddy, Shri R. Surender Reddy, Shri K. Vijaya Bhaskara Reddy, Shri Y.S.Rajsekhar Roy, Shri Haradhan Roypradhan, Shri Amar Art. 239AA, etc.) 882 S Sai, Shri A. Pratap Sahi, Shrimati Krishna Sait, Shri Ebrahim Sulaiman Sajjan Kumar, Shri, Saleem, Shri Mohammad Yunus Sanipalli, Shri Gangadhara Save, Shri Moreshwar Sawant, Shri Sudhir Sayeed, Shri P.M. Scindia, Shri Madharrao Scindia, Shrimati Vijaya Raje Sethi, Shri Arjun Charan Shah, Shri Manabendra Shakya, Dr. Mahadeepak Singh Shankaranand, Shri B. Sharma, Shri Chiranji Lai Sharma, Shri Rajendra Kumar Sharma, Shrl Satish Kumar Shastri, Shri Vishwanath Shingda, Shri Darnu Barku Shivppa, Shri Kodakani Gowdana Sindal, Shri S.B. Silvera, Dr. C. 883 Const. (74 Amend.) Bill (insertion of Singh, Shri Dalbir Singh, Shri Hari Kishore Singh, Shri Jangbir Singh, Shri Manphool Singh, Shri Motilal Singh, Shri Pratap Singh, Kumari Pushpa Devi Singh, Shri Ram Singh, Shri Ramashray Prasad Singh, Shri S.B. Singh, Shri Uday Pratap Singh, Shri Vishwanath Pratap Singh Deo, Shri K.P. Sodi, Shri Manku Ram Solanki, Shri Surajbhanu Soundaram, Dr. (Shrimati) K.S. Srinivasan, Shri Chinnasamy Sukh Ram, Shri Sultanpuri, Shri Krishan Dutt Suresh, Shri Kodikkunil Swami, Shri Sureshanand Swamy, Shri G.Venkat Syed, Shahabudding, Shri T Tara Singh, Shri Rhakore, Shri Gabhaji Mangaji Arts. 239AA, etc.) 884 Thakur, Shri Mahendra Kumar Singh Thagkabalu, Shri K.V. Tharadevi Sidhartha, Shrimati D.K. Thomas, Shri P.C. Thorat, Shri Sandipan Bhagwan Thungon Shri P.K. Tomar, Shri Ramesh Chand Topdar, Shri Tarit Barar Tope, Shri Ankushrao Raosaheb Topno, Kumari Frida Tripathi, Shri Prakash Narain Tytler, Shri Jagdish U Umbrey. Shri Laeta Ummareddy Venkateswarlu. Prof. Upadhyay, Shri Swarup Urs, Shrimati Chandra Prabha V Vajpayee, Shri Atal Bihari Varma, Shri Ratilal Verma, Shri Phool Chand Verma, Shrimati Rita Verma, Kuman Vimla Vijayaraghavan, Shri V.S. 885 Const. (74 Amend.) Bill (Insertion of Vyas, Dr. Girija W Wasnik, Shri Mukul Balkrishna y Yadav, Shri Chandra Joel Yadav, Shri Chun Chun Prasad Yadav, Shri Devendra Prasad Yadav, Shri Ram Lakhan Singh Yumnam Shri Yaima Singh NOES Patil, Shri Bheem Singh MR. SPEAKER: Subject to correction' the result of the division is: Ayes: 307 Noes: 1 The motion is carried by a majority of the total membership of the House and by a Arts. 239AA, etc.) 886 majority of not less than two-thirds of the Members present and voting. The motion was adopted. Clause 2, as amended, was added to the Bill. (Clause 1 Short Title and Commencemonement) Amendment made Page 1, line 3,- for "Seventy-fourth" (3) substitute"Sixty-ninth' (Shri S.B. Chavan) MR. SPEAKER: I think the Lobbies have been cleared. So, I am putting Clause 1, as amended, to the vote of the House, SHRI LAL K. ADVANI (Gandhi Nagar)Sir. the Board is not cleared. MR. SPEAKER Let the Board be cleared. ----------------------------------------------------------------------- AYES: Sarvashri g. Made Gowda. Mahasamudram Gnanendra Reddy, Anantha Venkata Reddy, Dr. Kartikeswar Patra, Shri Bhawani Lal Verma, Shri B. Akber Pasha, Prof. M Kamson. Sarvashir P.P. Kaliaperumal K. Thulasiah Vandayar, Sobhandreeswara Rao Vadde, Naranbhai Jamlabhai Rathva, ramchandra Gharngare, K.P. Reddaiah Yadav, Dr. K.V.R, Chowdary, Sarvashri Dharmabhiksham, Zainal Abedin, Govind Chandra Munda, Sukhdec Paswan, Ashok Anandrao Deshmukh, Ramnaresh Singh, Ram Saran Yadav, Vilasrao Nagnathrao N. K.Baliyan, Smt. Saroj Dubey, Sarvashri Ram Nihor Rai, Rampal Singh, Madar. Lal Khurana Kumari Uma Bharti, Sarvashri Rajveer Singh, V.N. Sharma, Chinmayanand Swami, Vinay Katiyar, Ram Tahal Choudhary, Kabindra Purkayastha, Prof. K. Venkatgiri Gowda, Sarvashir Yoganand Saraswati, Ramkrishna Kusmaria, Ram Narain Berwa, Di. Gunvant Rambhau Sarode, Acharaya Vishwanath Das Shastri, Shri Chhotey Lal, Shri Jeewan Sharma, Shri Sharad Yadav and Shri Nitish Kumar. 887 Const. (74 Amend.) Bill (Insertion of SHRI RAM NAIK (Bomaby North):Today we are faster than the machine. MR. SPEAKER: Yes, man's mind is always faster than any machine in the world. Now, the Board is cleared. The question is: "That Clause 1, as amended, stand part of the Bill". (The Lok Sabha divided) 12.35 hrs. Division No. 3 AYES A Abedya Nath, Mahant Acharia, Shri Basu Deb Advani Shri Lal K. Agnihotri, Shri Rajendra Ahamed, Shri E. Ahirwar Shri Anand Akber Pasha, Shri B. Anbarasu Era, Shri Arunchalam, Shri M. Asokaraj. Shri A. Athithsn, Shri R. Dhanuskodi B Baitha, Shri Mehendra Arst. 239AA, etc) 888 Bala, Dr. Asim Banerjee, Kumari Mamata Bansal, Shri Pawan Kumar Barman, Shri Palas Barman, Shri Uddhab Basu, Shri Chitta Bhadana, Shri Atar Singh Bhagat, Shri Vishweshawar Bhakta, Shri Manoranjan Bhandari, Shrimati Dil Kumari Bhardwaj, Shri Paras Ram Bhargava, Shri Girdhari Lal Bhattacharaya, Shrimati Malini Bhonsle, Shri Prataprao B. Bhonsle, Shri Tejsinghrao Bhuria, Shri Dileep Singh (Jhabua) Birbal, Shri Brohmo Chaudhury. Shri Satyendra Nath C Chacko, Shri P.C. Chakraborty, Prof, Susanta Chaliha, Shri Kirip Charles, Shri A. Chatterjee, Shri Nirmal Kanti 889 Const. (74 Amend.) Bill (Insertion of Chaudhary, Shri Ram Prakash Chaudhri, Shri Narain Singh Chaure, Shri Bapu Hari (Dhule) Chavan, Shri Prithviraj D. Chavda, Shri Harisinh Chennithala, Shri Ramesh Chidambaram, Shri P. Chotey Lal, Shri Chinta Mohan, Dr. D Damor, Shri Somjibhai Das, Shri Ram Sunder Deka, Shri Probin Delkar, Shri Mohan S Dennis, Shri N Deo Shri K.P. Singh Doom, Shri Murli Deshmukh, Shri Ashok Anandrao Deshmukh, Shri Chandubhai Dev, Shri Sontosh Mohan Devarajan, Shri B. Dharmabhiksham, Shri Dhumal, Prof. Prem Digvijaya Singh Shri Arts. 239AA, etc) 890 Dome, Dr. Ram Chandra Drona, Shri Jagat Vir Singh F Faleiro, Shri Eduardo Farook, Shri M.O.H. Fatmi, Shri Mohammad Ali Ashraf Fernandes, Shri Oscar G Gaikwad, Shri Udyasingrao Gajapathi, Shri Gopi Nath Garnit Shri Chhitubhai Gangwar, Sr, P.R Gangwar, Shri Santosh Kumar Gautam, Shrimati Sheela Gavit, Shri Manikrao Hodlya Gehlot, Shri Ashok Gohil, Dr. Mahavirsinh Harisinhji Gowda, Prof. K. Venkatagiri Gundewar, Shri Vilasrao Nagnathram H Handique, Shri Bijoy Krishna Hooda, Shri Bhupinder Singh I Inder Jit, Shri 891 Const (74 Amend.) Bill (insertion of Islam, Shri Nurul J Jai Prakash, Shri Jakhar, Shri Balram Janarthanan, Shri M.R. Kadambur Jaswant Singh, Shri Jatav, Shri Bare Lal Jatiya, Shri Satyanarayan Jawali, Dr. B.G. Jayamohan, Shri A. Jena, Shri Srikanta Jha, Shri Bhogendra Joshi, Shri Anna Joshi, Shri Dau Dayal K Kahandole, Shri Z.M. Kale, Shri Shankarrao D. Kaliaperumal, Shri P.P. Kalka Das, Shri Kamal, Shri Shyam Lal Kamal Nath, Shri Kamat, Shri Gurudas Kamson, Prof.M. Kanithi, Dr. Viswanatham Arts. 239AA etc.) 892 Kanodia, Shri Mahesh Kapse, Shri Ram Karrenddula, Shrimati Kamala Kumari Katiyar, Shri Vinay Kaul, Shrimati Sheila Khan, Shri Ayub Khan, Shri Sukhendu Khandelwal. Shri Tara Chand Khanduri, Shri Bhuwan Chandra Khanoria, Shri D.D. Khurana, Shri Madan Lal Khursheed, Shri Salman Krishan Kumar, Shri S. Krishnaswamy, Shri M. Krishnendra Kaur (Deepa) Shrimati Kudumula, Kumari Padmasree Kuli, Shri Balin Kumar, Shri V. Dhananjaya Kumaramangalam, Shri Rangarajan Kuppuswamy, Shri C.K. Kurien, Prof. P.J. L Lakshmanan, Prof. Savithri Laljan Basha, Shri S.M, 893 Const. (74 Amend.) Bill (insertion of Lodha Shri Guman Mal M Made Gowda, Shri G. Mahajan, Shrimati Sumitra Mahato, Shri Bir Singh Malik, Shri Dharampal Singh Malik, Shri Purna Chandra Mallikkarjun, Shri Mallikarjunaiah, Shri S. Mallu, Dr. R. Mandal, Shri Sanat Kumar Manjay Lal Shri Marbaniang, Shri Peter G. Methew, Shri Pala K.M. Mathur, Shri Shiv Charan Maurya, Shri Anand Ratna Meena, Shri Bheru Lal Mirdha, Shri Nathu Ram Mirdha, Shri Ram Niwas Mishra, Shri Ram Nagina Misra Shri Janardan Misra, Shri Satyagopal Mishra Shri Shyam Bihari Mujahid, Shri B.M Mukherjee, Shrimati Geeta Arts. 239AA, etc.) 894 Mukherjee, Shri Subrata Mukhopadhyay, Shri Ajoy Munda, Shri Govinda Chandra Munda, Shri Kariya Muniyappa, Shri K.H. Murmu, Shri Rup Chand Murthy, Shri M.V. Chandrashekara Murthy, Shri M.V.V.S. Murugesan, Dr. N. Muttemwar, Shri Vilas N Naik, Shri Ram Naikar, Shri D.K. Nandi, Shri Yellaiah Narayanan, Shri P.G. Nawale, Shri Vidura Vithoba Nayak, Shri Mrutyunjaya Netam, Shri Arvind Nyamagouda, Shri S.B. O Odeyar, Shri Channiah P Padma, Dr. (Shrimati) Pal, Shri Rupchand 895 Const (74 Amend.) Bill (Inertion of Palacholla, Shri Venkata Rangayya Naidu Pandaya, Dr. Laxminarayan Panigrahi, Shri Sriballav, Panja, Shri Ajit Passi, Shri Balraj Paswan, Shri Cheddi Paswan, Shri Ram Vilas Paswan, Shri Sukdeo. Patel, Dr. Amrit Lal Kalidas Patel, Shri Haribhai Patil. Shri Harilal Nanji Patel, Shri Ram Pujan Patel, Shri Shravan Kumar Patel, Shri Uttambhai Harjibhai Patidar, Shri Rameshwar Patil Shri MiraLal Naji Patil, Shri prakash V. Patil, Shimati, Pratibha Devisingh Patil, Shri Uttamrao Deorao Patil, Shri Yashwantrao Patnaik, Shri Sivaji Pattnayak Shri Sarat Chandra Pilot, Shri Rajesh Poosapati Shri Anandgajapati Raju Arts. 239AA, etcj 896 Prabhu Zantye, Shri Harish Narayan Pradhani, Shri K. Pramanik, Shri Radhika Ranjan Prem, Shri B.L. Sharma Premi, Shri Mangal Ram Purryastha Shri Kabindra R Rahi, Shri Ram Lal Rai, Shri Kalp Nath Rai, Shri Lall Babu Rai, Shri Nawal Kishore Rai, Shri Ram Nihor Rajendra Kumar, Shri S.S.R, Rajeshwari, Shrimati Basva Raj, Narain, Shri Raj Narain, Shri Raju, Shri Bh. Vijayakumar Rajulu, Dr. R.K.G. Ram, Shri Preen Chand Ram Singh, Rao Ramchandran, Shri Mullappally Ramaiah, Shri Bolla Bulli Ramdew Ram, Shri Ramsagar, Shri 897 Const (74 Amend.) Bill (Insortion of Rana, Shri Kashiram Rao, Shri D.Venkateswara Rao, Shri J.Chokka Rao, Shri P.V. Narasimha Rathva, Shri Naranbhai Jamalbhai Rawal, Dr. Lal Bahadur Rawat, Shri Prabhu Lal Rawat, Prof. Rasa Singh Ray, Shri Rabi Raychaudhuri Shri Sudarsan Reddy, Shri A. Indrakaran Reddy, Shri B. N. Reddy, Shri G.Ganga Reddy Shri M. Baga Reddy, Shri Mahasamudram Gnanendra Reddy, Shri R. Swenda Reddy, Shri K. Vijaya Bhaskara Reddy, Shri Y.S,Rajasekhar Roy, shri Haradhan Roypradhan, Shri Amar S Sai, Shri A. Pratap Sahi, Shrimati Krishna Sajjan Kumar, Shri 898 Arts. 239AA, etc.) Saleem, Shri Mohammad Yunus Sanipalli, Shri Gangadhara Save, Shri Moreshewar Sawant, Shri Sudhir Sayeed, Shri P.M. Scindia, Shri madhavrao Scindia, Shrimati Vijaya Raje Selja, Kumari Sethi, Shri Arjun Charan Shah, Shri Manabendra Shakya, Dr. Mahadeepak Singh Shankaranand, Shri B. Sharma, Shri Chiranji Lal Sharma, Shri Rajendra Kumar Sharma, Shri Satish Kumar Shastri, Shri Acharya Vishwanath Das Shastri, Shri Viashwanath Shingda, Shri Damu Barku Shivappa, Shri Kodakani Gowdana Sindal, Shri S.B. Silvera, Dr. C. Singh, Shri Dalbir Singh, Shri Hari Kishore Singh, Shri Jangbir 899 Const. (74 Amend.) Bill (Insertion of Singh, Shri Khelsai Singh, Shri Manphool Singh, Shri Motilal Singh, Shri Pratap Singh, Kumari Pushpa Devi Singh, Shri Rajveer Singh, Shri Ram Singh, Shri Ramnaresh Singh, Shri Rampal Singh. Shri S.B. Singh, Shri Vishwanath Pratap Singh Deo, Shri K.P. Sinha, Shri Shiva Sharan Sodi, Shri Manku Ram Solanki, Shri Surajbhanu Soundaram, Dr. (Shrimati) K.S. Sukh Ram, Shri Sultanpuri, Shri Krishan Dutt Suresh, Shri Kodikkunil Swami Shri Chinnayanand Swami, Shri Sureshanand Swamy, Shri G.Venkat Syed, Shahabudding Shri T Tara Singh, Shri Arts. 239AA, etc.) 900 Thakore, Shri Gabhaji Mangaji Thagkabalu, Shri K. V. Tharadevi Sidhartha, Shrimati D.K. Thomas, Prof. K. V. Thomas, Shri P.C. Thorat, Shri Sandipan Bhagwan Thumgon Shri P.K. Tindivanam, Shri K. Ramamurthee Tomar, Shri Ramesh Chand Topdar, Shri Tarit Baran Tope, Shri Ankushrao Raosaheb Topno, Kumari Frida Tripathi, Shri Lakshmi Narain Mani Tripathi, Shri Prakash Narain Trivedi, Shri Arvind Tytler, Shri Jagdish U Uma Bharti, kumari Umbrey, Shri Laeta Ummareddy Venkateswarlu, Prof. Upadhyay, Shri Swarup Urs, Shrimati Chandra Prabha V Vajpayee, Shri Atal Bihari 901 Const. (74 Amend.) Bill (Insertion of Varma. Shri Ratilal Verma, Shri Bhawani Lal Verma, Shri Phool Chand Verma, Shrimati Rita Verma, Kumari Vimla Vijayaraghavan, Shri V.S. Vyas, Dr. Girija W Wasnik, Shri Mukul Balkrishna Y Yadav, Shri Chandra Jeet Yadav, Shri Chun Chun Prasad Yadav, Shri Devendra Prasad Yadav, Shri Ram Lakhan Singh Yadav, Shri Ram Saran Yumnam Shri Yaima Singh Z Zainal Abedin, Shri Arts. 239AA, etc.) 902 NOES Patel, Shri Bheem Singh MR. SPEAKER: Subject to correction' the result of the division is: Ayes : 319 Noes : 1 The motion is carried by a majority of the total membership of the House and by a majority of not less than two-thirds of the Members present and voting. The motion was adopted. Clause 1, as amended, was added to the Bill. MR. SPEAKER: I shall now put the Enacting Formula and the Long Title to the vote of the House. The question is: "That the Enacting Formula and the Long Title stand part of the Bill." The motion was adopted. The Enacting Formula and the long Title were added to the Bill. SHRI S.B. CHAVAN: Sir, I beg to move: ------------------------------------------------------------------------ Sarvashri Tarun Gogoi, B.K. Gudadinni, Anantha Venkata Reddy, Dr. Kartikeswar Patra, Sarvashri Ebrahim Sulaiman Sait, Chinnasamy Srinivasan, Uday Pratap Singh, K. Thulasiah Vandayar, Subash Chandra Nayak, Lokanath Choudhury, M. Ramanna Rai, Ramashray Prasad Singh. G.M.C. Ralayogi, Ramchandra Marotrao Ghangare, K.P. Reddaiah Yadav, K.V. R. Chowdhary, Chetan P.S. Chauhan, N.K. Baliyan, Smt.Saroj Dubey, Sarvashri Shivraj Singh Chauhan, Virendra Singh, Rampal Singh, Prabhu Dayal Katheria, Rudrasen Chaudhary, V.N. Sharma, Dwarka Nath Das, Ramkrishna Kusmaria, Ram Singh Kashwa, Ram Narain Berwa, Dr. Gunvant Rambha Sarode, Shri Pankaj Chowdhary, Shri Jeewan Sharma, Shri Sharad Yadav and Shri Nitish Kumar, 903 Const. (74 Amend.) Bill (Insertion of "That the Bill, as amended, be passed." MR. SPEAKER: I think, there are some Members standing outside,. We would like them to get the entry to the House so that they can have their say in passin this Bill. Let the Lobbies be cleared. MR. SPEAKER: Now, the Lottier have been cleared. The question is: "That the Bill, as amended, be passed" The Lok Sabha divided' 12.42 hrs. Division No. 4 AYES A Abedya Nath, Mahant Acharia, Shri Basu Deb Advani, Shri Lal K. Agnihotri, Shri, Rajendra Ahamed, Shri E. Ahirwar, Shri Anand Akber Pasha, Shri B. Anbarasu Era, Shri Ansari, Shri Mumtaz Arunachalam, Shri M. Asokaraj, Shri A. Arts. 239AA, etc.) 904 Athithan, Shri R. Dhanuskodi B Baitha, Shri Mehendra Bandaru, Shri Dattatraya Banerjee, Kumari Mamata Bansal, Shri Pawan Kumar Barman, Shri Palas Barman, Shri Uddhab Basu, Shri Chitta Bhadana, Shri Atar Singh Bhagat, Shri Vishweshwar Bhakta, Shri Manoranjan Bhandari, Shrimati Dil Kumari Bhardwaj, Shri Paras Ram Bhargava, Shri Girdhari Lal Bhattacharya, Shrimati Malini Bhonsle, Shri Prataprao B. Bhonsle, Shri Tejsinghrao Bhuria. Shri Dileep Singh Birbal, Shri Brohmo Chaudhury, Shri Satyendra Nath C Chacko, Shri P.C. 905 Const.(74 Amend.) Bill (Insertion of Chakraborty Prof. Susanta Chaliha, Shri. Kirip Chandrakar, Shri Chandulal Charles, Shri A. Chatterjee, Shri-Nirmal Kanti Chaudhary, Shri Ram Prakash Chaudhary, Shri Rudrasen Chaudhri, Shri Narain Singh Chauhan, Shri Chetan P.S. Chauhan, Shri Shivraj Singh Chaure, Shri Bapu Hari.. Chavan, Shri Prithviraj D, Chavda, Shri Harisinh Chennithala, Shri Ramesh Chidambaram, Shri P, Choudhury, Shri Lokanath Chowdhary, Shri Pankaj D D Damor, Shri Somjibhai Deka, Shri Probin Delkar, Shri Mohan S. Dennis, Shri N. Deo, Shri K.P. Singh Deora, Shri Murli Arts, 239AA, etc.) 906 Deshmukh, Shri Ashok Anandrao Deshmukh, Shri Chandubhai Dev, Shri Sontosh Mohan Devarajan, Shri B., Dharmabhiksham, Shri Dhumal, Prof. Prem, Digvijaya Singh, Shri Dome, Dr. Ram Chandra Drona, Shri Jagat Vir Singh Dubey, Shrimati Saroj F Faleiro, Shri Eduardo Farook, Shri M.O.H. Fernandes, Shri, Oscar G Gaikwad, Shri Udyasingrao Gajapathi, Shri Gopi Nath Gamit, Shri Chhitubhai Gangwar, Dr. P.R, Gangwar, Shri Santosh Kumar Gautam, Shrimati Sheela Gavit, Shri Manikrao Hodlya Gehlot, Shri Ashok Ghatowar, Shri Paban Singh 907 Const. (74 Amend.) Bill (Insertion of Gogoi, Shri Tarun Gohil, Dr. Mahavirsinh Harisinhji Gomango, Shri Giridhar Gowda, Prof. K. Venkatagiri Gudadinni, Shri B.K. Gundewar, Shri Vilasrao Nagnathrao Gupta, Shri Indrajit H Hanclique, Shri Bijoy Krishna Hooda, Shri Bhupinder Singh I Imchalemba, Shri Inder Jit, Shri Islam, Shri Nurul J Jaffer Sharief. Shri C.K. Jai Prakash, Shri Jakhar, Shri Balram Janarthanan, Shri M.R. Kadambur Jaswant Singh, Shri Jatav, Shri Bare Lal Jatiya, Shri Satyanarayan Jawali, Dr. B.G. Jayamohan, Shri A. Arts. 239AA, etc.) 908 Jena, Shri Srikanta Jha. Shri Bhogendra Jhikram, Shri Mohanlal Joshi, Shri Anna Joshi, Shri Dau Dayal K Kahandole, Shri Z.M. Kale, Shri Shankarrao D. Kaliapermal, Shri P.P. Kalka Das, Shri Kamal, Shri Shyam Lai Kamal Nath, Shri Kamat, Shri Gurudas Kamble, Shri Arvind Tulshiram Kamson, Prof.M. Kanithi, Dr. Viswanatham Kanodia, Shri Mahesh Kapse, Shri Ram Karrenddula, Shrimati Kamala Kumari Kashwan, Shri Ram Singh Katheria, Shri Prabhu Dayal Katiyar, Shri Vinay Kaul, Shrimati Sheila Khan, Shri Ayub 909 Const. (74 Amend.) Bill (Insertion of Khan, Shri Sukhendu Khandelwal, Shri Tara Chand Khanduri, Shri Bhuwan Chandra Khanoria, Shri D.D. Khurana, Shri Madan Lal Khursheed, Shri Salman Krishan Kumar, Shri S. Krishnaswamy, Shri M. Krishnendra Kaur (Deepa) Shrimati Kudumula, Kumari Padmasree Kuli, Shri Balin Kumar, Shri V. Dhananjaya Kumaramangalam, Shri Rangarajan Kuppuswamy, Shri C.K. Kurien. Prof P.J. Kushmaria, Shri Ramkrishna L Lakshmanan Prof, Savithri laljan Basha, Shri S.M. Lodha Shri Guman Mal M M Made Gowda, Shri G. Mahajan, Shrimati Sumitra Mahato, Shri Bir Singh Arts. 239AA, etc.) 910 Malik, Shri Dharampal Singh Malik, Shri Purna Chandra Malikkarjun, Shri Mallikarjunaiah, Shri S. Mallu, Dr. R. Mandal, Shri Brahmanand Mandal, Shri Sanat Kumar Marbaniang, Shri Peter G. Methew, Shri Pala K. M. Mathur, Shri Shiv Charan Maurya, Shri Anand Ratna Meena, Shri Bheru Lal Mirdha, Shri Nathu Ram Mirdha, Shri Ram Niwas Mishra, Shri Ram Nagina Misra, Shri Janardan Misra, Shri Satyagopal Misra, Shri Shyam Bihari Mukherjee, Shrimati Geeta Mukhopadhyay, Shri Ajoy Munda, Shri Govinda Chandra Munda Shri Kariya Muniyappa, Shri K. H. Murmu. Shri Rup Chand 911 Const (74 Amend.) Bill (Insertion of Murthy, Shri M.V. Chandrashekara Murthy, Shri M.V.V.S. Murugesan, Dr. N. Muttemwar Shri Vilas N Naik, Shri Ram Naikar, Shri D.K. Nandi, Shri Yellaiah Narayanan, Shri P.G. Nawale, Shri Vidura Vithoba Nayak, Shri Mrutyunjaya Nayak, Shri Sahwsh Chandra Netam, Shri Arvind Nyamagouda, Shri S.B. O Odeyar, Shri Channaiah Oraon, Shri Lalit P Padma, Dr. (Shrimati) Pal, Shri Rupchand Palacholla, Shri Venkata Rangayy Naidu Pandeya, Dr. Laxminarayan Pangirahi, Shri Sriballav Panja Shri Ajit Arts. 239AA, etc.) 912 Passi, Shri Balraj Paswan, Shri Chheddi Paswan, Shri Ham Vilas Paswan, Shri Sukdeo Patel, Dr. Amrit Lal Kaliclas Patel, Shri Brishin Patel, Shri Haribhai Patel, Shri Harilal Nanji Patel, Shri Ram Pujan Patel, Shri Shravan Kumar Patel, Shri Uttambhai Harjibhai Patidar, Shri Rameshwar Patil, Shri HiraLal Niraj Patil, Shri pralkash V. Patil, Shrimati Pratibha Devisingh Patil, Shri Surya Kanta Patil, Shri Uttamrao Deorao Patil, Shri Yashwantrao Patnaik, Shri Sivaji Patra, Dr. Kartikeswar Pattnayak, Shri Sarat Chandra Peruman, Dr. P. Vallal Pilot, Shri Rajesh Poosapati, Shri Anandgajapati Raju 913 Const (74 Amend.) Bill (Insertion of Prabhu, Shri R. Prabhu Zantye, Shri Harish Narayan Pradhani, Shri K. Pramanik, Shri Radhika Ranjan Prem, Shri B.L. Sharma Premi, Shri Mangal Ram Purkayastha, Shri Kabindra R Rahi, Shri Ram Lal Rai, Shri Kalp Nath Rai, Shri Lail Babu Rai, Shri Nawal Kishore Rai, Shri Ram Niho Rajeshwari, Shrimati Basava Rai Narain, Shri Rajulu, Dr. R.K.G. Ram, Shri Prem Chand Ram Babu, Shri A.G.S. Ram Singh, Rao Ramchandran, Shri Mullappally Ramaiah, Shri Bolla Bulli Ramdew Ram, Shri Rasagar, Shri Rana, Shri Kashiram Arts. 239AA, etc) 914 Rao, Shri D.Venkateswara Rao, Shri J.Chokka Rao, Shri P.V, Narasimha Rao, Shri V. Krishna Rathva, Shri Naranbhai Jamlabhai Rawal, Dr. Lai Bahadur Rawat, Shri Prabhu Lal Rawat, Prof. Rasa Singh Ray, Shri Rabi Ray, Shri Sudhir Raychaudhuri. Shri Sudarsan Reddy, Shri A. Indrakaran Reddy, Shri Anantha Venkata Reddy, Shri B.N. Reddy, Shri G.Ganga Reddy, Shri M. Baga Reddy, Shri Mahasamudram Gnanendra Reddy, Shri R. Surender Reddy, Shri K. Vijaya Bhaskara Reddy, Shri Y.S.Rajashekhar Roy, Shri Haradhan Roypradhan, Shri Amar S Sai, Shri A. Pratap 915 Const (74 Amend.) Bill (Insertion of Sahi, Shrimati Krishna Sait, Shri Ebrahim Sulaiman Sajjan Kumar, Shri Sangma, Shri Purno A. Sanipalli, Shri Gangadhara Saraswati, Shri Yoganand Sarode, Dr. Gunvant Rambhau Save, Shri Moreshwar Sawant, Shri Sudhir Sayeed, Shri P. M. Scindia, Shri madhavrao Scindia, Shrimati Vijaya Raje Selja, Kumari Sethi, Shri Arjun Charan Shah, Shri Manabendra Shakya, Dr. Mahadeepak Singh Shankaranand, Shri B. Sharma, Shri Chiranji Lal Sharma, Shri Rajendra Kumar Sharma, Shri Satish Kumar Sharma, Shri V. N. Shastri, Shri Vishwanath Das Shastri, Shri Viashwanath Shingda, Shri Damu Barku Arts. 239AA, etc.) 916 Shivappa, Shri Kodakani Gowdana Shukla, Shri Vidhyacharan Sindal, Shri S.B. Silvera, Dr. C, Singh, Shri Dalbir Singh, Shri Hari Kishore Singh, Shri Jangbir Singh, Shri Khelsai Singh, Shri Manphool Singh, Shri Motilal Singh, Kumari Pushpa Devi Singh, Shri Rajveer Singh, Shri Ram Singh, Shri Ramashray Prasad Singh, Shri Ramnaresh Singh, Shri Rampal Singh, Shri S.B. Singh, Shri Uday Pratap Singh, Shri Vishwanath Pratap Singh Deo, Shri K. P. Sod, Shri Manku Ram Solanki, Shri Surajbhanu Soundaram. Dr. (Shrimati) K. S. Srinivasan, Shri Chinnasamy 917 Const. (74 Amend.) Bill (Insertion of Sukh Ram, Shri Sultanpuri, Shri Krishan Dutt Suresh, Shri Kodikkunil Swami, Shri Chinmayanand Swami, Shri Sureshanand Swamy, Shri G. Venkat Syed, Shahabuddin, Shri T Tara Singh, Shri Tej Narayan Singh, Shri Thakere, Shri Gabhaji Mangaji Thagkabalu, Shri K.V. Tharadevi Sidhartha, Shrimati D.K. Thomas, Prof. K. V. Thomas, Shri P.C. Thorat, Shri Sandipan Bhagwan TIhumgon Shri P.K Tindivanam, Shri K. Ramamurthee Tomar, Shri Ramesh Chand Topdar, Shri Tarit Baran Tope, Shri Ankushrao Raosaheb Topno, Kumari Frida Tripathi, Shri Lakshmir Narain Mani Tripathi, Shri Prakash Narain Arts. 239AA, etc.) 918 Trivedi, Shri Arvind Tytler, Shri Jagdish U Uma Bharti, kumari Umbrey, Shri Laeta Ummareddy Venkateswarlu, Prof, Upadhyay, Shri Swarup Urs, Shrimati Chandra Prabha V Vajpayee. Shri Atal Bihari Varma, Shri Ratilal Verma, Shri Phool Chand Verma, Shrimati Rita Verma, Shri Shiv Sharan Verma, Kumari Vimla Vijayaraghavan, Shri V. S. Vyas, Dr. Girija W Wasnik, Shri Mukul Balkrishna Y Yadav. Shri Chandra Jeet Yadav, Shri Chun Chun Prasad Yadav, Shri Devendra Prasad Yadav, Shri Ram Lakhan Singh 919 Statt.by P.M Commonwealth Summit in Harare, G.15 Summit in Caracas Yadav, Shri Ram Saran Yadav, Shri Satya Pal Singh Z Zainal Abedin, Shri NOES MR. SPEAKER- Subject to correction*, the result of the division is: Ayes : 349 Noes : Nil The motion is carried by a majority of the total membership of the House and by a majority of not less than two-thirds of the members present and voting. The Bill, as amendded, is passed by the requisite majority, in accordance with the provisions of Article 368 of the Constitution. The motion was adopted., ----------- 12.44 hrs. 20.12.91
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