PREVIOUS HOUR

 

VKK/2h/2.30

The House met at thirty minutes past two of the clock,

MR. DEPUTY CHAIRMAN in the Chair.

 

PRIVATE MEMBERS' BUSINESS

BILLS INTRODUCED

 

THE INDIAN PENAL CODE (AMENDMENT) BILL, 2007

---

SHRI MAHENDRA MOHAN (UTTAR PRADESH): Sir, I beg to move for leave to introduce a Bill further to amend the Indian Penal Code, 1860.

The question was put and the motion was adopted.

SHRI MAHENDRA MOHAN: Sir, I introduce the Bill.

(Ends)

THE PROHIBITION ON USE OF COERCIVE METHODS

FOR RECOVERY OF BANK LOANS BILL, 2007.

---

SHRI MAHENDRA MOHAN (UTTAR PRADESH): Sir, I beg to move for leave to introduce a Bill to prohibit the use of coercive methods such as, intimidation and harassment either verbal or physical against any person or his family for recovery of loan, by Banks or their agents whether authorized or not and for matters connected therewith or incidental thereto.

The question was put and the motion was adopted.

SHRI MAHENDRA MOHAN: Sir, I introduce the Bill.

(Ends)

THE COACHING CENTRES (REGULATION AND CONTROL) BILL, 2007

---

SHRI MAHENDRA MOHAN (UTTAR PRADESH): Sir, I beg to move for leave to introduce a Bill to provide for regulation and control of coaching centres providing coaching for various kind of entrance examinations for higher educational and professional course including medical and engineering education and for jobs in the country and for matters connected therewith or incidental thereto.

The question was put and the motion was adopted.

SHRI MAHENDRA MOHAN: Sir, I introduce the Bill.

(Ends)

MR. DEPUTY CHAIRMAN: Shri Santosh Bagrodia. Not here.

 

THE ELECTRICITY (COMPULSORY SUPPLY TO KATRAS AND DENSELY POPULATED SETTLEMENTS) BILL, 2007

----

SHRI JAI PARKASH AGGARWAL (NCT OF DELHI): Sir, I beg to move for leave to introduce a Bill to provide for the compulsory supply of electricity to the katras and densely populated settlements located in the metropolitan cities and major cities of the country and for matters connected therewith and incidental thereto.

The question was put and the motion was adopted.

SHRI JAI PARKASH AGGARWAL: Sir, I introduce the Bill.

(Ends)

THE PRIVATE SCHOOLS (REGULATION) BILL, 2007

---

SHRI JAI PARKASH AGGARWAL (NCT OF DELHI): Sir, I beg to move for leave to introduce a Bill to regulate the functioning of private schools and for matters connected therewith or incidental thereto.

The question was put and the motion was adopted.

SHRI JAI PARKASH AGGARWAL: Sir, I introduce the Bill.

(Ends)

THE CONSTITUTION (AMENDMENT) BILL, 2007

(AMENDMENT OF THE PREAMBLE)

----

ֻ (֜) : , ß־ ָ ׾֮֬ ӿ֮ ׻֋ ׾֬ :ãׯ֟ ן ֋

The question was put and the motion was adopted.

ֻ : ׾֬ :ãׯ֟

(Followed by RSS/2J)

GS/RSS/1J/2.35/

THE CONSTITUTION (AMENDMENT) BILL, 2007 (AMENDMENT OF THE TENTH SCHEDULE)

 

SHRI SHANTARAM LAXMAN NAIK (GOA): Sir, I beg to move for leave to introduce a Bill further to amend the Constitution of India.

The question was put and the motion was adopted.

SHRI SHANTARAM LAXMAN NAIK: Sir, I introduce the Bill.

(Ends)

THE REPRESENTATION OF THE PEOPLE (AMENDMENT) BILL, 2007 (AMENDMENT OF SECTION 8).

 

SHRI SHANTARAM LAXMAN NAIK (GOA): Sir, I beg to move for leave to introduce a Bill further to amend the Representation of the People Act, 1951.

The question was put and the motion was adopted.

SHRI SHANTARAM LAXMAN NAIK: Sir, I introduce the Bill.

(Ends)

THE REPRESENTATION OF THE PEOPLE (AMENDMENT) BILL 2007 (AMENDMENT OF SECTION 28-A)

 

SHRI SHANTARAM LAXMAN NAIK (GOA): Sir, I beg to move for leave to introduce a Bill further to amend the Representation of the People Act, 1951.

The question was put and the motion was adopted.

SHRI SHANTARAM LAXMAN NAIK: Sir, I introduce the Bill.

(Ends)

THE RIGHT TO INFORMATION (AMENDMENT) BILL, 2007.

ָ֕ ״ (ָ Ϥ) : , ß־ ֮ ׬ָ ׬׮ִֵ, 2005 ӿ֮ ׻֋ ׾֬ :ãׯ֟ ן ֋

The question was put and the motion was adopted.

ָ֕ ״ : , ׾֬ :ãׯ֟

(ִ֯)

MR. DEPUTY CHAIRMAN: Shri Vijay J. Darda, not present.

 

THE MAINTENANCE OF FOOD, POTABLE WATER AND FODDER SUPPLIES IN DROUGHT AFFECTED AREAS BILL, 2007.

 

.. ׻ֵ (ָӛ) : , ß־ ߵ ָָ ָ Ӳ׬֟ ֕ ָָ ϳ׾֟ ֮־ߵ ֳ ׻֋ ֪-֤֣ ֻ֕ ֣ ֿ֮ ׻֋ ָ ׮־ֵ ٟ ֮֋ ֮ ֟֌ ֮ ׾ֵ ֲӬ ׻֋ ׾֬ :ãׯ֟ ן ֋

The question was put and the motion was adopted.

.. ׻ֵ : , ׾֬ :ãׯ֟

(ִ֯)

THE SPECIAL EDUCATIONAL FACILITIES FOR CHILDREN OF MANUAL SCAVENGERS BILL, 2007.

 

.. ׻ֵ (ָӛ) : , ß־ ֱևԆ ־ ֱև ԓ׸, ו֮ ׾֟ ֮־ ֻ ֣ ֮ ׻֋ ֵ ֵ ׮ֵו֟ ֵ , ֓ ׻֋ ׾ֿ ׾֬ֆ ֟ӲӬ ׾ֵ ֲӬ ׻֋ ׾֬ :ãׯ֟ ן ֋

The question was put and the motion was adopted.

.. ׻ֵ : , ׾֬ :ãׯ֟

(ִ֯)

THE CONSUMER GOODS (PUBLICATION OF PRICE WITH ADVERTISEMENT) BILL, 2007.

 

.. ׻ֵ (ָӛ) : , ß־ ֳꌟ ß ׾֮֯ ֣ ׾ 滵 ׮־ֵ ֿ֮ ֟֌ ׾ֵ ֲӬ ׻֋ ׾֬ :ãׯ֟ ן ֋

The question was put and the motion was adopted.

.. ׻ֵ : , ׾֬ :ãׯ֟

(ִ֯)

MR. DEPUTY CHAIRMAN: Now, we will take up further consideration of the Compulsory Voting and Prohibition of Pre-Poll Survey and Exit Poll of Elections Bill, 2004 moved by Shri V. Narayanasamy. Shri Shantaram Laxman Naik, who was speaking last time, is to continue.

THE COMPUSLORY VOTING AND PROHIBITION OF PRE-POLL SURVEY AND EXIT POLL OF ELECTION BILL, 2004 - contd.

 

SHRI SHANTARAM LAXMAN NAIK (GOA): Sir, the aforesaid Bill, moved by Shri V. Narayanasamyji, gave us an opportunity to express our views on the compulsory voting and prohibition of pre-poll survey and exit poll of election. I had expressed a few thoughts on the last occasion. Sir, you may be aware that in this country, at the instance of late Prime Minister, Shri Rajivji, voting age was reduced to 18 years. (contd. by 2k)

-RSS-TMV-ASC/2K/2.40

SHRI SHANTARAM LAXMAN NAIK (CONTD.): At the time of Rajivji, many questions were raised saying that it would not be proper for the democracy of this country to confer upon the young generation voting rights. At that time, I recollect, Rajivji answered, "If a young man can go to the Himalayas, defend the country and take bullets on his chest, can he not go to the polling booth and cast his vote? If a girl of 18 years can give birth to children and nurse them, can she not walk a few distance to the polling booth and cast her vote?". That is how this right was conferred upon the young generation. However, I would like to appeal to the Government that a survey should be conducted on how our young generation, between 18 and 21, vote. It will be an interesting study. From that point of view, I would like to appeal to the Government that a study should be conducted on the voting analysis of the young generation before exercising their valuable rights.

Secondly, I may mention a miscellaneous thing, but a very vital thing. On the ballot paper the lining of the symbol "hand" is very thin. It can hardly be seen among the other symbols. ߕ ִֻ , և ֛ ף , ֻ և , և ו֮֟ ֣ և , ֮ ף ף ֤ ֣ ף ֻ֟ Therefore, the Law Ministry should take up this matter with the Election Commission. This is my humble request.

Another aspect which affects everybody, the Government, voters, etc., is the Code of Conduct. Earlier, the Code of Conduct was applicable from the date of notification. For 15 days everything was stopped. Fine. Thereafter, the Election Commission said that the Code of Conduct would be applicable from the date of issuing the Press Note by the Commission announcing the election dates. The notification need not come. Before the notification is issued, they issue a Press Note and from the date of that Press Note, everything was stopped. Now onwards, even before the Press Note, if the Government has started some projects, they are investigated. I ask: Who should decide it? Either way, it should be the Parliament. At the whims and fancies of the Election Commission, these things should not be decided. We have got an election in every six months. Somewhere or the other, on account of the Code of Conduct, the development activities come to a standstill, whichever may be the Government and whosever may be affected. One day it happens with the BJP and the next day it happens with the Congress as well. The point is that we should review this and this should not be left to the purview of the Election Commission. Just by writing letters, they change the laws of the land. I will give you a small example. This is a minor example. I am mentioning this just to give you an example. In the Code of Conduct, there is a provision that during election time ֯ ָָ Ù ֈ , ֯, ֋֋ , I The Code of Conduct says that the Government, the ruling party, should not monopolise the rooms in the Government's rest-house. Fine. They should be given to others also. The Code of Conduct says this. Certain paras are there. After this, leaving the Code of Conduct as it is, without amending the Code of Conduct, they have separately written a letter to the Chief Electoral Officer not to give any room to anybody. Suppose the Election Commission wants to make changes in this, they should have amended the Code of Conduct.

(Contd. by VK/2L)

VK-LT/2L/2.45

ִָ֮ ֵ (֟) : ֜ " " , , ֵ֤ ׻֋ ׻ , ꌿ֮ ߿֮ , ֙

If the Election Commission does these sorts of things, it does not fit into it. Then comes the question of Identity Cards for voters. ևי ֛ ֟ ָ ־ֻ օ Whenever, I asked any question on the Election Commission, I did not get any answer. Every time, the reply by the Minister is, "Information is being collected". The office of the Election Commission is very near. ָ ֮ ֤֕ You can take some time if you have to collect replies from the State Government. I have experienced this twice. The questions relating to the Election Commission are not answered. The question was simply regarding the new electoral roll system. I asked whether it will have a photo or not. I asked whether there is a proposal for preparation of new electoral rolls with photographs. This was a very simple question. They could have said, "Yes" or "No". But no reply was given. This is a strange thing. What I am saying is this. So far as electoral rolls and Identity Cards are concerned, the Election Commission should be very specific on the day of Notification itself that in these elections Identity Cards will be compulsory. In the first instance, they will make a statement saying that Identity Cards will be compulsory and just 24 before the elections they will make an announcement that any other document specified by the Election Commission can also be used. Some people who do not have Identify Cards and who have not read the last minute circular, they do not go out to cast their votes. . Supposing, I have got an Identity Card, but I have somehow misplaced it somewhere. Then I don't have the voting right because it is meant for only those who have not been issued Identity Cards. Since, I was issued Identity Card, I cannot use any other document. The precious right of the voter should be taken care of. It is the job of the Law Ministry. But the Law Ministry says that it is the job of the Election Commission. From time to time, the Law Ministry should bring these things to the notice of the Election Commission.

In every election, apart from a General Observer, Expenditure Observers also come. But Expenditure Observers make contrary statements. In one constituency, the Expenditure Observer says one thing and in another constituency, he says another thing. In places like Goa, Expenditure Observers come there and spend their time on beaches. If somebody makes a complaint that money is being distributed, they will not go there. Not a single Expenditure Observer has ever played an important role in catching somebody who was distributing money. They will just go to the campaign offices of political parties and see how many samosas and batata-wadas are being given to the workers. They will count the money -- samosa - Rs. 6/-, batata-wada - Rs. 4/-. A cap which workers wear, costs Rs. 5/-. But they will say, it costs Rs. 15/-. A shirt which costs Rs. 25/ or Rs. 50/-, according to them its price will be Rs. 100/-. That is what the Expenditure Observers do recklessly, without any norms. Who will control them? Are you going to say that the Election Commission is free to decide and supervise under article 342 of the Constitution and do nothing? Wouldn't the Law Ministry do something in the matter? Or, is it just going to observe the things? I can understand if the Law Ministry tells the Election Commission to do something, but it does not do. Then I cannot blame the Law Ministry. But let some exercise be made in this connection.

Sir, during the election period, the staff which is on duty, is supposed to be on deputation with the Election Commission. Rightly so, because they have to regulate the things. (Contd. by 2M)

RG/2.50/2M

SHRI SHANTARAM LAXMAN NAIK (contd.): But that was only during the election time. Now they say, in respect of any action they take during election time, even after the election period is over, they will control the action of the Government servants, depriving the State Government the right which exists in the rules. And this is mentioned specifically under Section 28 A. Section 28 A restricts the right of Election Commission over the employees only during the election period. This is very specific. And when the statute passed by Parliament is there, how can the Election Commission override a statutory provision? This is the question. The Law Ministry has to point out this type of aspects. I can sometimes understand about others. Kindly note that Section 28 A has been violated. It has been violated in Goa recently. Two officers were suspended, admittedly for the fault of officers of the Election Commission. They pointed out, in that particular case, a particular provision is not applicable. The observers have known that it is applicable. They said, "File an FIR." But they refused to file an FIR, and they were suspended. It is known that these officers are corrupt. In spite of that, till today, they have only been suspended. So, the Election Commission itself is violating Section 28 A of the Representation of Peoples' Act, 1951.

Then, comes the question of voting rights of those who work on ships, in Gulf countries. We made a representation that some persons have to stay in a barrack for one-and-a-half to two years. After that, when he comes back home, and election is there in his constituency, why should he be deprived of the voting rights? He has not ceased to be a resident of that place. He is a resident in his own constituency. He has just gone there for one or two years. Like this, the Election Commission is deprived of lakhs of voters on this count. Therefore, the Law Ministry, particularly, brought in an Amendment Bill to rectify this defect. But somehow that Bill has not seen the light of the day. It has not come up for consideration. I am told that this issue gets mixed up with the NRI's voting rights. This has nothing to do with the NRIs. They are staying in bungalows in the U.S., the U.K., etc. Let the Government decide in time about their voting rights. I am talking about the poor people working on ships. One should not deprive these people of their rights. And, kindly do not mix the voting rights of the elite NRI people with the rights of these people. Therefore, kindly bring the Bill for consideration at the earliest. It is a very good Bill as it tends to protect the rights of these people.

As far as defacement of property is concerned, we see different laws being applicable in different States. In Goa, you cannot put any banner, not even a poster, during election times. In Delhi, we see banners and posters everywhere. What is the law ultimately? The Code of Conduct says: "No political party/association/body or candidate or their workers, supporters or sympathizers has any right to deface or spoil any private or public building, by pasting their posters, writing of slogans, painting of symbols, erecting flagstaffs, suspending banners, etc., without the permission of the owner of the building. In my State of Goa, even with permission, this is not allowed. They say, "The Prevention of Defacement of Property Act comes in the way." So, when there is a local Act, you take shelter behind that law. When there is no local law, then, you say, "My Circular is there."(Continued by 2N)
2n/2.55/ks-sch

SHRI SHANTARAM LAXMAN NAIK (CONTD.): What is it? I want to know whether the circular of the Election Commission prevails upon the local law or the local law prevails upon the circular of the Election Commission. From time to time, they take a different view which suits them.

Now, there is a very important aspect regarding assets and liabilities. Everyone has to declare their assets, and rightly so. But this declaration should have been firstly a part of law passed by Parliament. Till today, there is no such law and this is regulated by an order of the Election Commission. Even that is fine. Now, Sir, the Bombay High Court has given a judgement recently which is going to affect everybody, at least, within the jurisdiction of Bombay, that if you commit a simple mistake in filing your declaration, then, you are disqualified. This is nowhere there in the Representation of People Act. It is not mentioned anywhere in the Election Commission's circulars that if you commit a mistake or give wrong information, slightly or otherwise, in your declaration, then you are disqualified. This provision is not there. But the Bombay High Court has given a judgement. In case we do not amend the Representation of People Act to nullify this, then all of us will be in trouble. This is what I want to say.

With these few words, I support the Bill introduced by Shri Narayanasamy. (Ends)

MR. DEPUTY CHAIRMAN: Hon. Members, in response to the discussion we had in the morning regarding the situation in Malaysia, the hon. External Affairs Minister will be making a statement. I think, the House will agree to this.

STATEMENT RE. HINDRAF DEMONSTRATION IN MALAYSIA

ON 30.11.2007

MINISTER OF EXTERNAL AFFAIRS (SHRI PRANAB MUKHERJEE): During the morning session, some hon. Members expressed their concern regarding the alleged harassment of participants of the rally organized by the Hindu Rights Action Force (HINDRAF) in Kuala Lumpur on November 25, 2007 and subsequent related matters. The stated purpose of the rally was to hand over a petition to the British High Commission in Kuala Lumpur seeking the support of Queen Elizabeth II for a class action suit filed in the UK for the exploitation of Indians who were brought to Malaysia as indentured labour.

Government remains deeply solicitous for the welfare of the people of Indian origin living abroad. As Members are aware, there is a large community of people of Indian origin in Malaysia who are citizens of that country. We have friendly relations with Malaysia and we are in touch with the Malaysian authorities in the related matter.

SHRI AMAR SINGH: What about the comments about the Chief Minister.

SHRI PRANAB MUKHERJEE: Mr. Deputy Chairman, Sir, I would like to add one more sentence here. Certain observations have been made against a highly respectable national leader, Shri K. Karunanidhi, and, as I have mentioned already in the last part of my statement, I am in touch with the Malaysian authorities and we are taking it up. (Ends)

DISCUSSION ON THE COMPUSLORY VOTING AND PROHIBITION OF PRE-POLL SURVEY AND EXIT POLL

OF ELECTION BILL, 2004 - contd.

֮֕ן ֤ (ײָ): ֳ֯ן , ׾֬ ָ ֮ ׻֋ ֮֯ ִֵ פ , ׻֋ ֮־֤ ß֮ ׸י ֟ , ؙ ָ ؙ , ָ ...(־֮֬) ֳ֯ן , ֟ ֮ , ֯ ׻֋ ֮ , ו֮ ֯ , ָ ֮ ָ ׸ , ׻֋ ֟ פ ָ ֲ ֯ ׻֋ ֮ ֯ ׻֋ ֋ ...(־֮֬) There must be some decorum in the House. ֮ ߱ , ™ (Contd. by 2o/psv)

 

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