SHRI MANORANJAN BHAKTA (ANDAMAN AND NICOBAR ISLANDS): BJP is there, still they could not start that kind of an activity there, which they are doing here. That is why, it is absolutely necessary and essential to see that the hopes and aspirations of the people are given due regard; and the Government should take appropriate action for that.

I would also like to mention here that when the paper regarding `transfer of power' came from England to India, for some reason or the other, the British Government did not make a mention of Andaman and Nicobar Islands with India. There was also a very strong demand from Mr. Jinnah that this Territory, neither historically nor geographically is a part of India and that this land should be given to Pakistan. While demanding so, he was putting forward his argument that to have a link between West Pakistan and East Pakistan, there could be a water passage between them. He was saying like that. But Lord Mountbatten, the then leaders of India and the leaders of the Indian National Congress were putting pressure and said that this land belonged to India and that was a land of Indian Union and so, there could not be any compromise on that. After that only, it was included in the papers of `transfer of power' to India.

In the Constituent Assembly, there was a discussion about `Chief Commission of Provinces'. There was a Drafting Committee and during that time, very eminent personalities were there in that. Shri B. Pattabi Seetharamaiah was the Chairman; Shri A. N. Gopalswamy Iyengar, Deshbandu Gupta, M. Santhanam, C. M. Poonacha, Mukund Biharilal Bhargava were the Members. All these people had discussed about the Union Territories or the small Territories about their future administrative system, etc.

While doing so, Shri Gopalswamy Iyengar said - they said that these are the minor provinces - that each of these minor provinces should have a Legislature of their own. Mr. Home Minister, the word, `Legislature' has to be noted. He said, `each of these provinces should have a Legislature'. Of course, there are other organs like the Executive and the Judiciary also. They have narrated all these points in detail as well. But they have mentioned very categorically regarding Andaman and Nicobar Islands. They said that these were penal settlements; these are extremely backward areas and for their development, peace and progress, these areas should remain under the administrative control of the Central Government. The Central Government should look after the welfare of the people of these territories. They should also take up other kinds of administrative systems that are necessary from time to time for these territories.

Sir, article 239 of the Constitution of India under the title "Union Territories" was substituted by the Constitution (Seventh Amendment) Act for the heading "THE STATES IN PART C OF THE FIRST SCHEDULE". This article was replaced by a new article by the Constitution (Seventh Amendment) Act, 1956. Article 239 (i) provided that -

"Save as otherwise provided by Parliament by law, every Union territory shall be administered by the President acting, to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify".

It also added that the President should appoint a Governor of a State as the administrator of an adjoining territory. In such cases, the Governor should exercise his functions as an administrator independently without any aid and advice of the Council of Ministers of the State where originally he has been appointed as the Governor.

Sir, this article 239 empowered the Parliament to create a Legislature and Council of Ministers for the Union Territories of Himachal Pradesh, Manipur, Tripura, Goa, Daman and Diu, and Pondicherry. We shall have to understand that most of these Union Territories were having Territorial Council at the beginning. They had the Advisory Committee but subsequently the Government conceded to the popular demand by which they wanted that people should be given their full democratic rights.

In Part IX which made provisions for territories included in part (d) of the First Schedule, `Andaman and Nicobar Islands' was deleted by the Constitution (Seventh Amendment) Act, 1956, consequent on the inclusion of these islands among the Union Territories in part A. So, all those territories - Lakshadweep, Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli, the existing Union Territories have been incorporated in the First Schedule.

Now, I would like to quote what Shri Basudevan Nair, a prominent Communist leader, while participating in the debate on Government Territories Act on 4th May, 1963 said. I quote:

"In regard to Lakshadweep and Minicoy Islands, even today these unfortunate people do not have the right to suffrage. They are also citizens of this country. I do not know why we are considering them as second class citizens of this country".

Note this wording, `second class citizens of this country'.

"I would like the Government to give proper attention to the development of these territories which are left in the lurch and which do not come within the scope of this Bill. These are the general observations that I have to make before I enter into the proper body of the Bill".

In all the debates which took place either in the Government of Union Territories Act or in the National Capital Territory of Delhi Act, the general view of all the Members irrespective of their parties was that all the citizens of this country should be treated alike. There should not be any difference between them. It is unfortunate that the people of Andaman and Nicobar Islands have no right to elect the President of India whereas the people of other States have a right to participate in the election of the President. They have a right to determine their fate and future but so far as Andaman and Nicobar islands or other union territories of its kind are Andaman and Nicobar islands or other Union Territories of its kind are class citizens.

I fully agree and endorse the view that the Central Government is providing money for the development of these Union Territories but we all know how this money is supplied, what type of development is taking place and how this money is being misused by one man administration. One person is all in all. He can do and undo anything, even the proceedings of this House. That is why, we say that the representative government is a must. When the country is expecting a democratic polity there is no reason why the demands of small territories should be ignored. They may be small in number but they should not be deprived of the rights which their other brothers and sisters living in other parts of the country are enjoying.

I would like to remind the House that there are about 40 island countries in the world which are also the Members of UN. So, it is a fact that population cannot come in the way.

I would also like to mention the recommendation of the Estimates Committee which says:

"The Committee find that the Union Territories are comprised of areas quite diverse in regard to their history, geographical location, magnitude and composition of their inhabitants, economic development and finally their Constitutional and administrative set up.

They also find that each one of the territories stands on a different footing. However all the territories share one common feature, which is the absence of a fully representative government.

Notwithstanding the fact that in Pondicherry the administrative set up is founded on a more popular basis as also the possibility of a similar treatment being given to Delhi at a future date, the Union Territories stand as a class apart from rest of the country in the sense that the citizens of these Territories do not enjoy the democratic rights in exactly the same manner as their compatriots in the States of the Union.

The Committee find that one of the most persuasive arguments in favour of maintaining this state of affairs has been (1) the small size of population in these territories which arguably does not justify a full-fledged legislature and a Council of Ministers with all its attendant paraphernalia and (2) the fact that no uniform system can be adopted for all the Union Territories. Forceful as these arguments may be the Committee cannot overlook the basic question posed by the discerning observers as also by the general populace of these territories

The question is, why the citizens living in these territories ought not to have some definite Constitutional mechanism to provide them an effective say in running the administration of these territories."

1550 hours (Col. Rao Ram Singh in the Chair)

That was an all-party Committee and it had recommended unanimously to the Government of India that democratic and Constitutional rights should be provided to the people of the Union Territory of Andaman and Nicobar Islands. Unfortunately, it seems that either the Government have no time to go through those recommendations and arrive at a conclusion or they prefer to remain ignorant of it for reasons best known to them.

I would like to reiterate one point. While violent activities are going on and people are taking to arms in certain States like Nagaland, Mizoram, Manipur, we should ask ourselves as to why such things are happening. Why are those people raising their heads in revolt, and why are they taking to arms? This question needs to be answered. If you do not take timely action when peace-loving people come to the Government for redressal of their grievances, the situation may lead to rebellions, the same people may be lead to take up arms which would result in damage to Government property. At that time even if you come and say, "Please come to the table and discuss," that would be of no avail. It is high time the wishes of the peace-loving people of the Union Territory of Andaman and Nicobar are taken serious note of.

This is not a new issue for the people of the Union Territory. They represented it time and again. It has been their demand for years. For the last 20 to 25 years we have been requesting the Government of India. Whenever a dignitary visits the islands, whenever a discussion is held, he assures that the issue would be considered. The question that occurs to every dignitary who is on a visit to the Islands is, "When there is a different type of system all over the country why should the system be different here?" Consequently, they assure the local people that they would do something in this connection. But nothing happens and time passes as always. People are getting more and more frustrated day by day and there does not seem to be any remedy for it.

I am really grateful to Shri Acharia that he has given me opportunity to participate in this debate. This is a historic day for the people of the Islands. When the entire House is in one mood I do not think that there will be any reason for the Government to deny this right to the people of Andaman and Nicobar islands.

There is another important aspect to which I would like to draw the attention of the House. Article 240 of the Constitution states that providing good governance and development for the Union Territories is the duty of the Central Government. I would like to ask the Home Minister if he is happy and satisfied with the governance provided; if he thinks that he has provided good governance to the islands and if he has provided for uninterrupted development in those areas. The actual position has to be analysed.

The Home Ministry, in its Action Taken Report, stated that after coming into effect of the Panchayati Raj institutions in Andaman & Nicobar Islands the people will have more authority in their hands.

I would like to submit that the regulations of Panchayati Raj and the Nagar Palika are now in force in Andaman and Nicobar Islands. Elections were held about one and a half years ago. The institutions of Panchayati Raj, Gram Panchayat, Panchayat Samiti, Zilla Parishad and the Municipal Council are frustrated today. Why is this frustration? It is because the regulations are such that you want to give them power, but there is no empowerment. If the administration want to issue a letter, they cannot. They cannot even appoint a labour. The Panchayats cannot appoint a labour to implement the work. The appointment letter has to be issued by the Chief Secretary of the Administration. Is it the system of decentralisation? Is it the system of empowerment? This is what centralisation is. ... (Interruptions)

SHRI CHITTA BASU (BARASAT): Is the power also there?

SHRI MANORANJAN BHAKTA (ANDAMAN AND NICOBAR ISLANDS): No, it is not there. They have mentioned `as prescribed' and the prescription has not gone from here. No prescription has come. All the regulations and rules are `as prescribed'. This prescription will be provided by the Administration but the prescription has not come. So, works are lying. The Administration say that they cannot do anything and that they have to send all the papers to them for approval. Then what is the meaning of this Constitutional amendment until and unless proper powers are given to the local bodies.

Similarly, they have appointed a Finance Commission one year back to provide the fund for the Administration. Unfortunately, the Finance Commission of Andaman and Nicobar Islands is sitting at Delhi. Maybe once or twice they might have gone there, but their head office is here. Of course, they may say that some other Union Territory is also in their purview. So they made the headquarters at Delhi. But my only point is that if the Finance Commission take that much time to submit even an Interim Report, how can the things be done? Elected representatives are frustrated. People are asking -

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