December 17, 2024
Kalyan Banerjee opposes the introduction of The Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024
Sir, under our Constitutional scheme, the basic structure of the Constitution is read in between the lines. This proposed Bill hits the basic structure of the Constitution itself. If any Bill or any Act which hits the basic structure of the Constitution, then that is ultra vires. Sir, the proposed Article 83 sub-Article 5 is just contrary to Article 83 subArticle 2. It is just contrary. Either you keep Article 83(2) or 83(5). Both cannot be kept. Both are inconsistent with each other. Then, the effect of the proposed Article 82A sub-Article 3 establishes that the tenure of a State Legislative Assembly depends upon the tenure of the House of the People. It is not a doctrine of pleasure. The doctrine of pleasure is under Article 311 of the Constitution. But the mandate given by the people of the country to the State Assembliescannot dependupon the doctrine of pleasure of this House. How can it be? This is inconsistent. It cannot be accepted. We must remember that the State Governmentsand the State Legislative Assembliesare not subordinate to the Central Government or to the Parliament itself. This Parliament is having the power to legislate law under the Seventh Schedule, List-1 and List-3. Similarly, the State Legislative Assembly is having the power to legislate law under the Seventh Schedule, List-2 and also List-3. Subject to that, it would not be contrary. So far as Concurrent List is concerned, it would not be contrary to Article 254 of the Constitution. Therefore, the autonomy of the State Legislative Assemblies is being taken away through this process. That is ultra vires. That hits the basic structure of the Constitution. Sir, now I come to Article 82A sub-Article 5. Unfortunately, I cannot think about it. Really, I cannot think that Article 82A sub-Article 5 is giving an uncanalised power to the Election Commission of India. We do not have any value. Will the Election Commission of India decide everything? A party cannot remain the ruling party till doomsday. One day, it will be changed. Sir, why a law to provide State funding to conduct electionsis not brought? Every problem will be resolved. Then, you can conduct elections. How much money is being spent? All elections should be conducted through the State Election Fund. Why are we not bringingthat law? That will bring the real election reforms. This is not an election reform. Sir, I have not finished yet. Sir, it is not the election reforms. It is just the fulfilment of one gentleman’s desire. This is nothing more than that. No, it is not permitted . Sir, we have heard the speech of the hon. Prime Minister regarding the First Amendment to the Constitution. Dr. B.R. Ambedkar said, ‘We are giving a draft Constitution to the country, and the country will make the amendments. Pandit Jawaharlal Nehru had not brought any amendment to the Constitution which had really hit the basic structure. सर, प्लीज आधेवमनट का समय दीवजए। आप इतना रूठा मत कीवजए। This is not done. This Government had brought an amendment to the Constitution, that is, the National Judicial Appointments Commission Bill. It was passed. It was struck down by the Supreme Court because it hit the basic structure of the Constitution. There are so many amendments they have brought. We are opposing the introduction of this Bill. At the same, I would request that at the time of voting, kindly take a division. We want to oppose it and we will show our strength.
