TEXT :
... (´ªÉ´ÉvÉÉxÉ)
... (´ªÉ´ÉvÉÉxÉ)
... (´ªÉ´ÉvÉÉxÉ)
Mr. Deputy-Speaker, Sir, normally matters which deal with the other House are not supposed to be, under our rules, part of the discussion of this House. However, ...(Interruptions)
PROF. P.J. KURIEN (MAVELIKARA): Sir, the contention of the Minister is wrong. This is not just a matter of the other House.
SHRI P.R. KUMARAMANGALAM: Sir, this is not the way to intervene. He does not have the minimum courtesy to ask me whether I would yield or not!
MR. DEPUTY-SPEAKER: Prof. Kurien, the Minister has not yielded.
PROF. P.J. KURIEN : He has yielded and sat down.
SHRI P.R. KUMARAMANGALAM: He did not even make a request to me to yield. What is happening in this House?
PROF. P.J. KURIEN : Because the Minister sat down, I thought he yielded to me.
MR. DEPUTY-SPEAKER: Prof. Kurien, I conveyed to you that he had not yielded.
PROF. P.J. KURIEN : If he is not ready to yield, I will sit down.
SHRI P.R. KUMARAMANGALAM: If I may point out...(Interruptions).. Sir, with your kind permission, since my good friend wishes to say a few words, all I requested him to do was `would you kindly yield -- just one word?' This is a procedure. I just want that system. Why do you not ask me to yield?...(Interruptions)... I have yielded now... (Interruptions)
MR. DEPUTY-SPEAKER: Shri Fatmi, please take your seat.
... (Interruptions)
MR. DEPUTY-SPEAKER: Shri E. Ahamad, what is this? Please take your seat.
... (Interruptions)
MR. DEPUTY-SPEAKER: Now, he has yielded. Zero Hour is going to be over. Please allow him to speak.
... (Interruptions)
MR. DEPUTY-SPEAKER: Shri Prabhunath Singh, please be seated.
... (Interruptions)
PROF. P.J. KURIEN : Mr. Deputy-Speaker, the hon. Minister was saying that this is an issue... (Interruptions)
MR. DEPUTY-SPEAKER: Shri Virendra Singh, will you please be seated? I am on my legs.
... (Interruptions)
MR. DEPUTY-SPEAKER: Shri Tripathi, what is this? Please sit down. I am on my legs.
There is some rule to be followed in the House. He has yielded to Prof. P.J. Kurien. He is just mentioning something and you start disturbing him. How am I to conduct this House, tell me.
... (Interruptions)
PROF. P.J. KURIEN : Mr. Deputy-Speaker, Sir, the Government is trying to say as if we are trying to raise the agenda of the Rajya Sabha ... (Interruptions)... Yesterday also, the same argument was put forward in this House. My humble submision is that this is not a question of Rajya Sabha but it is a question of Government's complying with the constitutional obligation. If the Government fails to comply with the constitutional obligation, this House has a right to ask a question and get the clarification. So, let the Government not discard it saying that `it is a matter of Rajya Sabha.' ... (Interruptions)
SHRI VAIKO (SIVAKASI): What is the constitutional obligation? You kindly explain... (Interruptions)
MR. DEPUTY-SPEAKER: Shri Vaiko, please. We do not have time. Let him finish.
... (Interruptions)
SHRI P.R. KUMARAMANGALAM: Mr. Deputy-Speaker, Sir, I am extremely grateful to my good friend, the Chief Whip of the Opposition party, to have pointed out that it has nothing to do with the agenda which is to be taken up in the other House but a Constitutional Propriety. He believes that the Constitution is being, at the moment, transgressed. I think, it is necessary for me to bring to his notice article 365. If I may, with his permission, read it out to him, because if he wants to be technical, let us also know where we stand.
SHRI AJIT JOGI : Is it article 356 or 365 that you are going to read?
SHRI P.R. KUMARAMANGALAM: It is article 365. Jogiji, I know, you are pretty intelligent on these matters... (Interruptions)
Sir, through you, I would like to request the hon. Members that we are all one in the sense that we belong to one House. We could ask each other's permission and give in to each other, and run this House very nicely. All of us are friends. When we are in the Central Hall, we are the best chums.
MR. DEPUTY-SPEAKER: Let us be friends here also.
SHRI P.R. KUMARAMANGALAM: Yes, why not be friends here?
Sir, if I may submit, article 365 says... (Interruptions)... I am sorry, it is article 356.
SHRI AJIT JOGI : Now, you are saying that it is article 356 that you are quoting... (Interruptions)
SHRI P.R. KUMARAMANGALAM: Yes, I am sorry. I stand corrected... (Interruptions)
Article 356(3) is very categorical. In no uncertain terms, it says:
"Every proclamation under this article shall be laid before each House of Parliament and shall, except where it is a Proclamation revoking a previous Proclamation, cease to operate..." I repeat "`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."
13.00 hrs.
The first part of this article is "Every proclamation under this article shall be laid before each House of Parliament." This constitutional requirement has been completed.
Then it says that it will cease to operate at the expiration of two months unless before the expiration of that period, it has been approved by resolutions of both the Houses of Parliament.
It is a very clear article. There is no problem with this provision of the Constitution.
It was on the 12th February that the President issued the Proclamation. From 12th February, it is a period of two months. I think all of us can count the dates. Today we are in the 5th of March.
... (Interruptions)
SHRI P.R. KUMARAMANGALAM: Once again I request that if any of you wish to interrupt me, please ask me and I will sit down. But do not do it without asking me when I am on my feet.
MR. DEPUTY-SPEAKER: You do not want my help when interruption is made.
SHRI P. R. KUMARAMANGALAM: The point is, when I am identified and recognised by you to speak, normally it is my privilege to give way. I may be given that right. It should not be snatched away.
MR. DEPUTY-SPEAKER: Yes. Your right will be left with you. Nobody can take it away.
SHRI P. R. KUMARAMANGALAM: Constitutionally no violation has taken place. That is all I wanted to establish. But the fact is there is no transition. We are not going against the Constitution. I wish to assure the House, specially our senior leader, Shri Lalu Prasadji that our Government would not in any way transgress or go against the provisions of the Constitution. We will also not go against political decorum. I have told this fact to the Upper House. I am constrained to refer to it because it is a matter really to be dealt with that on the 8th the decision of the Government will be announced and we will announce on that date when we will bring it or whatever steps we are taking and I can assure him in no way we will go against even what is considered to be political decorum. The Opposition has made it very clear in this House that they are opposing the resolutions which we bring for approval and they are also very clear why they did it. From their point of view, they do not bother about the consequences of it. But that is not the relevant point. The point that is relevant is there is no need for any Member of this House to feel in any way insecure that we will not follow either political decorum or the constitutional provisions. In fact, all of you are aware that two months' period gives us time for us to move it. Rajya Sabha wanted to know the date. We said we will announce it on the 8th and that stands.
MR. DEPUTY-SPEAKER: We will take up the next item now.
... (´ªÉ´ÉvÉÉxÉ)
... (´ªÉ´ÉvÉÉxÉ)
1304 hrs. (At this stage Shri Surendra Prasad Yadav (Jhanjharpur) and some other hon. members came and stood on the floor)
MR. DEPUTY-SPEAKER: Shri Mohammad Ali Ashraf Fatmi, please go to your seat.
All Members may please go to their seats.
13.05 hrs (At this stage Shri Surendra Prasad Yadav (Jhanjharpur) and some other hon. members went back to their seats)
MR. DEPUTY-SPEAKER: Prof. Kawade, please take your seat.
... (Interruptions)
... (´ªÉ´ÉvÉÉxÉ)
... (´ªÉ´ÉvÉÉxÉ)
MR. DEPUTY-SPEAKER: The House now stands adjourned to meet at 2.05 p.m.
1305 hours
The Lok Sabha then adjourned for Lunch till five minutes
past Fourteen of the Clock.
------
14.11 hrs
The Lok Sabha re-assembled after Lunch at eleven minutes
past Fourteen of the Clock.
[Shri Basu Deb Acharia in the Chair]