Sir, I have a point of order. It is under Rule 235, which is about rules to be observed in the Council by the Members. With your kind permission, the hon. Leader of the Opposition was making certain submissions. At that point of time, a few hon. Members from the Treasury Benches interrupted, shouted slogans, started clapping and made certain wild allegations. That is my point of order under Rule 235(ii). It states, “shall not interrupt.. What is your ruling about my point of order?
Sir, I wish to make a point of order. Sir, this is under Rule 258. First of all, I would like to thank you for giving me the opportunity at last, as I have been trying to raise a point of order for the last few days. My point is, whenever there is any speaker from the Treasury Benches, the full focus of the camera is on him. On the contrary, whenever there is any speaker from the Opposition Benches, even up to the level of the Leader of the Opposition, hardly a small section is being shown on the television. Sir, this is my point, that the camera and the television should be neutral.
Jai Hind. Jai Bangla. My respect goes to all the Adivasi people today on the occasion of All India Adivasi Divas. My respect goes for the martyrs of the Quit India Movement today. ‘Khurumjari!’ (Namaskar!) How are you Manipur? How are you Bharat? Not well. Not well, at all. There is darkness everywhere. The first speaker and all the other speakers of the Treasury Benches have proven that they are not bothered about what is happening in Manipur. They have not spoken about Manipur. वेकेवल अपनी सत्ता का चढंढोिापीट िहेथे। मचणपिु मेंजोहत्याहो िही है, जो बलात्काि हो िहेह, ैंएक नेभी उसकेबािेमेंकुछ भी नहीं बताया। Hon. Chairman, Sir, I stand here on behalf of All India Trinamool Congress with gratitude towards my Chairperson and leader, Ms. Mamata Banerjee, who sent the first team to Manipur. I was included in that team, and we visited Manipur on 19th July. But my leader was denied permission to visit Manipur on 3rd June when she wanted to visit there and be with the people of Manipur who were suffering so much. She was denied permission. She was not allowed to stand by the strife-torn people of Manipur and help bring back the normal state of affairs. She wanted us to go on 19th July. For INDIA alliance, the glorious alliance striving to bring back democracy to our beloved motherland, hon. Member, Gaurav Gogoi ji has brought this No-Confidence Motion here against the present dispensation. I support it. The ‘Double Engine Government’ as they call it has failed completely to save the people from the manslaughter, the mayhem, the lawlessness that has seen nearly complete destruction of our country, our States. Our Delegation had met the hon. Governor in Manipur, and she said that till that day, that is 19th of July, 57,000 to 58,000 people had lost their homes. They were living in relief camps. Babies were being born in relief camps; mothers were undergoing labour pain in relief camps; there was no doctor; there was no medication; there was no sanitary napkin; there was no food; there was no drinking water; and there was no baby food. So, that was Manipur in the relief camps. And the Treasury Benches did not have the guts to talk about it here since the No-Confidence Motion started. Nearly, 5,000 to 6,000 houses have been burnt there, and women have been tortured, molested and gang raped. One unfortunate gang rape had seen the entire nation come out as one. I do not want to mention it, but this beheading, we have seen videos in which girls were caught by their hair and their throats were slit. All girls should know about these gang rapes. There were two girls hiding in a car wash. They were hiding without food and water for two to three days to avoid these terrorists. They were dragged out from there and gang raped. All this has been covered up by this Government here. The net was blocked, and the media was so manipulated that the nation hardly got the information till we went there. Do not disrespect me. I am talking. The ‘Sage Bard’ whose Death Anniversary we celebrated yesterday … You do not even know who our ‘Sage Bard’ is. The ‘Sage Bard’ of Bengal whose Death Anniversary we just celebrated yesterday had said: “Durbolerey rokkha karo, durjonerey harao” It means, “Protect the weak and hit out at the enemy/evil”. This Government has failed to do that. Whose agenda is it? Whose design is it? India wants to know. The nation is seeing an unforeseen betrayal of democracy, indifference to respect for individual liberty, deafness and blindness to the cries of the tormented not only here, but all over the 10 States of the ‘Double Engine Sarkar’. I would say, like too many cooks spoil the broth, too many engines spoiling the States. बल-इंजन सिकाि काम नहीं कि िही है। … (व्यवधान) We need one engine and one driver. Like West Bengal is surging forward under the leadership of our Chief Minister. … The Centre-State equation is being devastated. … States having Government run by Opposition Parties are being denied their rightful dues as we are experiencing in West Bengal where Rs. 7,000 crore of labour’s money in the MNREGA — who have worked in the fields –has been denied. The roof on top of the head through Awaas Yojana for the poor people has been denied. So, this is the Government that has denied it to the States being ruled by the Opposition Governments. … Just a few days back we saw vehicles and houses burning in Haryana. The whole country is burning. Another ‘Double Engine’ failure in Haryana. … In Manipur, about 70,000 to 80,000 Central Armed Forces/Police have been deployed, butevery second day there is more killing, more arson, more deaths, and more rapes. This is war. It is a civil war. A Government which cannot control a civil war has no business to remain in power. Is this a civil war or a war designed and manipulated from outside wherein our Arunachal Pradesh is at stake, Manipur is at stake, where it is also spreading to Mizoram which is close to Andaman & Nicobar Islands and the Coco Islands? … Try to understand and do not disturb. What is happening in Coco Islands? … Sir, Galwan Valley saw it. My question is whether the dispensation is ready to answer what is happening in the Coco Islands near the Andaman & Nicobar Islands, who is doing it? Why is the Government not taking any action? Is it because the Government came to power in 2017 in Manipur with their help? We know who it is. So, the Government has to be careful. The Government has to answer. We would request the hon. Prime Minister to come and answer this instead of giving us a report card of their performance. Mizoram is following suit. One class of people is being thrown out of Mizoram. What force are we fighting against? How are the sophisticated M-16, AK-47, grenades and self-loaded rifles coming into the hands of the common man? Freely available weapons are going to move throughout the NorthEast and I fear they might find a way into the West Bengal State also. So, we have to be careful about this. Six lakhs of ammunition have been stolen from the police and the State armouries. Was it in connivance with the State Government? Is this an ethnic cleansing operation? What is the master plan to counter it? The Kaladan Project must be given a serious thought. Do you remember the Kaladan Project? More than 4000 arms have been reportedly looted from the armoury. Was that in connivance? Brother is killing brother. Sisters are being bloodied. I will just quote: यह महान दृश्य ह, ै ल िहा मनष्ुय है, अश्रुश्वेत िक्त से, लथपथ लथपथ लथपथ, अचग्नपथ अचग्नपथ अचग्नपथ। INDIA Alliance promises to be with democracy, with federalism, and with respecting the Indian Constitution. तून थकेगा कभी, तून रुकेगा कभी, तून मड़ुेगा कभी, कि शपथ, कि शपथ, कि शपथ, अचग्नपथ अचग्नपथ अचग्नपथ। I quoted Harivansh Rai Bachchan ji. Just remember those words. We in India make a promise to stand by the tortured, for peace. I appeal to all the mothers and sisters, and quote Mulayam ji, an hon. Member who used to sit right here but he is no more with us. He said, ” मा-ूँबहनोंहमलाबोल”। I appeal to all the mothers and sisters of this country, बलात्कािी पि हमला बोल, बेअदबी पि हमला बोल, हत्यािेपि हमला बोल। बेिहमी पि हमला बोल।… बोल मेिी माूँहमला बोल,… ल आसूँ ू पोंछ,… हमला बोल।… बलात्कािी पि हमला बोल।… My mothers and sisters of this country, let your curse burn the tormentor! Mothers, be angry, be very, very angry! Let your eyes be fire and vanquish the tormentors, and the rapists that this Government has failed to punish! Why does the Government not open its mouth? Why does the Government not speak about Manipur? Why is the Government giving a report card? This is not election time. Forget about the elections, talk about Manipur. … This NoConfidence Motion is against this Government for the poor Human Development Index. This No-Confidence Motion against this Government is for the poor media freedom. This No-Confidence Motion is moved because of rising unemployment. This No-Confidence Motion here is due to the increasing price rise. It is due to increasing farmers’ suicides. It is due to the selling of the public sector undertakings. This NoConfidence Motion here is for the divisive forces that are trying to destroy our country. The Government is trying to bring the nation towards complete failure to protect the ethos of India. Is it narcoterrorism that is happening in Manipur? According to Archaeological Survey of India, some very precious metals have been found in the hills of Manipur. Is it to take the corporates right up to Manipur and hand over those precious metals to the corporates? Is the war because of that? … I am quoting the hon. Chief Minister who says that in 2017, the poppy was grown on 1,853 acres of land. As of 2022, the poppy is being grown on 6,743 acres. With whose connivance was it done? Who is supporting them? The hon. Chief Minister himself has said that the problem is due to illegal immigrants. Who are these illegal immigrants? Where are they coming from? Which country is abetting them? Which is the porous border through which they are coming? … Why is the Central Government not closing that border? … And we have to be careful that not only Manipur, as rightly said by hon. Member Gaurav Gogoi Ji yesterday, the total North-East India is lying absolutely vulnerable to the forces that might walk right through that porous border. … That is why, the Kaladan project! … All the seven sisters, all the seven States there are at danger. Why is the Government not taking care of places? Arunachal Pradesh, half of it is gone. Leh, half of it is gone. Galwan Valley, half of it is gone. Why is it happening? Is it because you have taken help of terrorist groups during the elections that you are keeping quiet and you are praying for further elections to take the help of the terrorist groups? The people of India want to know this. … कि हमेंमहफूज़ रखनेिेकिए जो कनगरानी होनी चाकहए थी, देश मेंवहकनगरानी क्यों नहींह, ैइस प्रश्न िा जवाब सरिार िो, सत्तापक्ष िो देना चाकहए। What happened to their attack on the Assam Rifles convoy? Who did it? Who engineered it? Such animosity and hatred are brewed among brothers that have lived together. This cannot be spontaneous and the Government has failed to control it. So, we have no confidence in this Government. … Houses have been burnt, mandirs have been burnt, temples have been burnt, 350 churches have been burnt. So, in the amber glow of the burning hurts, let us seek light, let us pass the No-Confidence against this Government now. Jai Hind! Jai Bharat!
Sir, on behalf of the All India Trinamool Congress and its leader, Mamata Banerjee Ji, I rise to speak on the NoConfidence Motion. I also speak on behalf of the INDIA alliance. I express confidence in the Supreme Court which restored Rahul Gandhi Ji’s membership. Also, I support the No-Confidence Motion against this Government. I have to say that I have nothing personal against Mr. Modi. But as Brutus said in Julius Caesar, Not that I love Modi less, but I love India more. If anybody loves India, they will oppose Modi because his Government has been a Government of fake promises and disastrous policy decisions. Still, I do not want to make it personal. I do not want to raise the question of Modi ji’s educational qualification over which there is a cloud. Nor do I want to speak on Gujarat riots or the BBC documentary on Modi ji, on Gujarat riots. Before going to my main point on Manipur, I want to mention that this Government is destroying federalism in the country. Its purpose is to weaken all State Governments. West Bengal is a victim because Amit Shah went to West Bengal and said, “Agli baar 200 paar”. BJP could not even get 80 seats. So, they had stopped all money for MGNREGA which amounts to Rs.7,300 crore and for Pradhan Mantri Awas Yojana which amounts to Rs.8,400 crore. Our Party has given a call. If the money is not released soon, then on 2nd October, we shall bring lakhs of people to Delhi to demand our share, our dues in respect of MGNREGA. I do not want to reply to Shri Nishikant Dubey. He is a man desperate to get into the Ministry somehow or the other. So, he has to flatter the Government. He quoted all wrong history which I do not want to go into. But I want to remind him that he belongs to an organisation which did not participate in the August, 1942 movement. He belongs to an organisation which was banned after Gandhi ji’s murder. I do not want to have any truck with such organisation and people representing it. Before going further, I want to mention that there are some Ministers, a sprinkling of Ministers, here. The Ministers must control themselves. Earlier, Shri Anurag Singh Thakur went to a meeting in Delhi and said, “Goli maro….”. Now, Shrimati Meenakashi Lekhi, Minister from Delhi is saying, ‘Do not speak against us. We shall send ED to your home.’ I want to say that I come from the land of Tagore who said: “Ami bhoy korbo na bhai, korbo na Du bela morar agey morbo na bhai morbo na” It means, “I shall not fear and I shall not die twice before dying actually.” This Government is a Government of the heartless. They are sending delegations to West Bengal on any plea, but not one delegation has gone to Manipur where our brothers and sisters are dying. I will remind you of what Mark Antony said in Julius Caesar. I will paraphrase it and say, “You blocks, you stones, you worse than senseless things! O You hard hearts, cruel men of BJP.” You have no compassion. That is why, you have not gone to Manipur as all the Opposition parties have gone. Let me say a few words about Manipur. My young friend Shri Gaurav Gogoi has very ably summed up the situation in Manipur. Manipur ethnic clashes between Meiteis and Kukis started on 3rd May, 2023 and are still continuing. On 5th August, five people – three Meiteis and two Kukis – were killed in Manipur in escalation of hostilities. So far, over 150 people have been killed. At least 100 women were raped. Over 70,000 people have been displaced, and 350 relief camps have been set up. The delegation from INDIA went there and met people in relief camps in Imphal and Churachandpur. Nishikant did not mention a single word about Manipur. This Government wants to forget it. Hon. Chairperson, Sir, the actual count may be higher. Now, these incidents in Manipur remind one of the riots in Rwanda between Hutus and Tutsis some years ago. The worst incident in Manipur came to light on 19th July when a video went viral showing two Kuki women being stripped, paraded naked on the streets, and sexually assaulted apparently by Meitei men. Sir, are we living in a civilised country when this happens to our sisters? This is unimaginable. No action was taken by the police for more than two months until the video emerged. This was due to the internet shutdown in Manipur which is still continuing, as has been mentioned by Gaurav. The Prime Minister opened his mouth after eighty days since the start of violence saying that his heart is full of pain and anger. But he has not visited Manipur till date. Now, the hon Supreme Court has belatedly set up a three-Judge Committee consisting of women Judges. This is good because when the Government fails, the highest court of the land has to take up the matter. Hon. Chairperson, Sir, till today, mobs of Meiteis are attacking Kuki villagers who are retaliating with SLRs, AK-47, etc. Much of the arms are coming from abroad across a porous border, and is funded by mainly poppy money/opium money. Police armouries are looted. The Government led by BJP Chief Minister, Shri N. Biren Singh, who is a Meitei, has failed to maintain law and order. I demand that he should be dismissed immediately and President’s Rule should be imposed in the State. Hon. Chairperson, Sir, I would like to tell you one interesting thing. You are a doctor from Ahmedabad and you will realise this thing. What was the Prime Minister doing from May to July this year when Manipur was burning? He visited seven countries. He visited USA from 22nd to 23rd June. He visited Hiroshima, Japan on 20th May and Australia on 24th May. He visited France from 13 to 14th July and UAE on 15th July. He visited Egypt to see Pyramids from 24th to 25th June, and visited Papua New Guinea on 21st May, 2023. He was very proud that Mr. Joe Biden and Ms. Jill Biden gave a private dinner at the White House in his honour. हम कहतेहैंलक सचहब लोगों नेहमचरी पीठ ठोक दी, उन्होंनेप्रचइवेट लडनर लदयच, लजससेवेबहुत खशु हो गए, लेलकन वहचिंपर हमचरी बहनों की इज्जत छीनी जच रही है। This is our Prime Minister. Hon. Chairperson, Sir, is our Prime Minister a roving ambassador or a travelling salesman? It is because in the midst of all these things, he went to Sikar in Rajasthan to campaign. Now, the Prime Minister has to reply as to why he is visiting foreign countries when Manipur was burning. Hon. Chairperson, Sir, let me come to some other points. The major failure of the Government is to check price rise. Price of tomato is at Rs. 250 per kg. He has failed to provide jobs also. It is destroying social harmony. We have seen communal riots in Nuh and Gurugram in Haryana, and they are still continuing. They are polarising the communities and destroying federalism. In Nuh, allegations have been made that only the houses of Muslims are being demolished by bulldozers. The Government is destroying federalism by sending … (Not recorded) to States like, West Bengal, Tamil Nadu, Maharashtra and Delhi to disturb the State Governments. Sir, the Government has been weakening institutions – Parliament to Election Commission. Modi ji never comes to attend Parliament. He has not replied to a single question in Parliament. I have seen many other Parliamentarians. I have never seen a man like him where the Prime Minister does not reply to a single question. He does not believe in Parliamentary democracy and may be … मैंनेकोई खराब बात नहीं बोली है।… सर, आप बहुत बड़ेडॉक्टर हैं। आप बीजेपी केहैं, लेवकन बड़ेडॉक्टर हैं। इसवलए मैंआपकी इज्जत करता ह ं। Sir, the Central agencies – ED and CBI are used to target opponents and bring down Opposition State Governments as it happened in Maharashtra. BJP has a big washing machine. … (Interruptions) BJP has a big washing machine. When Ajit Pawar was in NCP, he was very bad. He has Rs. 70,000 crore irrigation-scam. Now, he has entered BJPʼs washing machine. Now, he has become a good man. Amit Shah goes and praises him. Sir, I talk about demonetisation – it was one mad decision by the Prime Minister. It created chaos; 150 people died standing in queues for changing notes. Many MSMEs weretotally wiped out. Sir, on Farm Bills, the Government tried to press the Farm Bills down the throat of the farmers. They resisted boldly and ultimately, the Government had to withdraw the Farm Bills but the farmers are still committing suicide. They are still committing suicide and the promise to double farmersʼ income by 2022 is not fulfilled. PSUs are being disinvested. Banks have been writing off Rs. 14 lakh crore NPAs in the last nine years. PSUs are being privatised includingprofitable ones like the LIC. Sir, I am coming to the end of my tether. Special advantages have been given to some industrial houses like Tatas, Ambanis and Adanis. Adani got most of the airports including Mumbai Airport by arm twisting and then given cement companies and then ports. Ambanis persuaded the Government to stop import of laptops since they are bringing out laptops themselves. Tatas are buying Air India and are now buying out Vistara. The Government has not given out a statement on the Hindenburg Research Report on the Adani share scam till today. The Prime Minister averts all discussions on Adani in the House. Sir, today, LPG cylinder, as you may know, costs Rs. 1200. The Government earns above Rs. 27 lakh crore by increasing duties on petroleum products. Petrol now costs Rs. 106 and diesel Rs. 92 per litre in my city. Sir, the Prime Minister does not fulfil his promise. He promised Rs.15 lakh for every household. He did not fulfil his promise. He promised two crore jobs per year. He did not fulfil it and his lack of compassion was displayed when during the pandemic a sudden lockdown was announced and lakhs of migrant workers were seen walking to their homes and some dying on the roadside. Hundreds of dead bodies were found on the banks of the river Ganga. Sir, today, unemployment is the biggest issue. Multinational corporations are sacking a large number of technical people both in India and abroad. During pandemic, one crore jobs were lost. Sir, they speak big of nationalism. But China is still camping on Indian territory in Galwan, Ladakh and Doklam, Sikkim. The Government cannot do anything. Now the Government wants to re-write history. It is planning to exclude the Mughal period from history books. Will foreign dignitaries not be taken to see the Lal Quila and Taj Mahal which were built by Mughals? They are promoting people who are not actually good freedom fighters like Shri V.D. Savarkar, on whom there may be a controversy, who pleaded mercy from British to get out of cellular jail in Andaman in 1922. Bengali freedom fighters spent their full period in the Andaman but he got outSir, the worst railway accident again showed the lack of compassion of the Prime Minister. In the rail accident in Balasore, 288 people died and thousand were injured. The Prime Minister did not care to visit Balasore nor the patients at the hospital. Our Chief Minister went there but the Prime Minister did not care to go there. He does not care. ..… Sir, the Government is in a hurry in introducing Vande Bharat trains and new stations. Safety is ignored. Today, truth does not come out. News channels are muzzled. Most of them are bought over by big business.… Sir, the Supreme Court has already expressed no confidence in the Government by setting up the three judge Committee. Sir, the Prime Minister will not win the 2024 elections. He is scared that INDIA has been informed. He is now depending on inauguration of Ram Mandir. Lastly, let me read a quotation from John Donne as quoted in Ernest Hemingway. He said: “Each man’s death diminishes me, For I am involved in mankind. Therefore, ask me not For whom the bell tolls, It tolls for thee.” It is tolling for the Prime Minister, Narendra Modi. Thank you.
Yes Sir, we need to communicate. We are ready for a discussion on Manipur. My point of order is…. The rule is on page 92, the rule is 267. Leader of the opposition has been asking for a discussion on Manipur. Thats my point or order.
Sir, I thank you very much for this opportunity. I am not going to make a political speech, because the subject relates to a very important issue, the National Capital Territory of Delhi. Sir, there is no sound from this microphone. I cannot shout. There is no volume. No volume in this. … (Interruptions)… I cannot shout, Sir. There is no feedback; no feedback to my ears! …(Interruptions)…
Sir, as I have stated, I am not going to make any political speech. My submissions will be confined to the parameters of this Bill.
Sir, on 19th May this year, the hon. President of India promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, which negates the Constitution Bench Judgment of the Supreme Court dated 11th May, 2023, that brought Services under the GNCTD. There could be some symbolism in the Ordinance being promulgated in the middle of the night — as already stated by some of my colleagues — just a few hours after the Supreme Court closed for summer vacation! But, I am not on that. In the meanwhile, the Ordinance has been challenged in the Supreme Court and the matter has since been referred to a Constitution Bench. During the pendency of the matter before the Constitution Bench of the highest court of the land, the Government has introduced this Bill to repeal the Ordinance and to further amend the GNCT Act, 1991. I wonder as to whether heavens would have fallen had the Government waited for the outcome of the Constitution Bench before which the Ordinance is still pending. What is the urgency involved in the matter? What is the urgency?There is now a whisper about the urgency of the Bill in the Statement of Objects and Reasons, which I have received just now, after introduction of the Bill. It says that the above said judgement dated 11th May, 2023, posed certain challenges in the efficient administration of the Government of NCT of Delhi which needed to be addressed through appropriate legal intervention.According to me, this is a stigma on the highest forum of our Judiciary, which must be deprecated by all the conscious citizens of this country.Sir, in the year 2021, in the matter of Madras Bar Association, the hon. Supreme Court had inter alia observed, and I quote one line, “A legislation can be declared as unconstitutional if it is in violation of the principle of separation of powers, the rule of law, and Article 14 of the Constitution, that is, arbitrariness.” Therefore, once there is such a judgement, which was delivered in 2001, the Government ought to have abided by that judgement of Supreme Court, which is, otherwise, the requirement under the Constitution. I will come to that later on.The question is whether the Legislative Assembly of Delhi has powers over all matters in List II, except the matters in Entries 1, 2 and 18, that is, public order, police, and land. In apparent defiance of the 11th May judgement, this Bill seeks to amend the GNCTD Act for abridgement of the powers conferred upon the GNCT legislation by the Constitution because the Entry No. 41 is sought to be inserted through this Bill. So, 3 will be 4, as rightly pointed out by our Senior Counsel, Dr. Abhishek Manu Singhvi. Now, when a Constitution Bench, comprising five Judges of Supreme Court declares and/ or interprets Article 239AA 3(a) of the Constitution, the same is binding upon all courts and authorities in India in terms of Articles 141 and 144 respectively. Neither Article 239AA (3)(a), nor Articles 141 and 144 can be negated without a Constitution (Amendment) Bill. I repeat, without a Constitution (Amendment) Bill, this cannot be done. If the Government wins, this legislation will be declared null and void. As a student of law, I understand it will be done. And, if the Government, in future, brings a Constitution (Amendment) Bill, that will also be hit by the Principle of Separation of Powers and Federalism, which are the basic structures of the Constitution, which has been held by the Supreme Court right from the Keshavananda Bharati case till the Minerva Mills Case.This Bill seeks to render the GNCTD Assembly, or for that matter, the Delhi Government, virtually toothless and ineffective insofar as the Services and the Service Commission are concerned. Even a Constitution (Amendment) Bill on this count shall be unconstitutional ab initio, as it will negate federalism and the Principle of Separation of Powers, as has already been stated by me.Now, let me have a look at the Bill once. Possibly, that will be the final point, as I have already exhausted seven minutes. Come to Part IV(A). It states about the provisions relating to the maintenance of democratic and administrative balance in the governance of the National Capital Territory of Delhi. What a brilliant drafting ! To maintain a balance! The original Act had come into being in 1991. And, now, we are in 2023. So, for the last 33 years, there had been no balance. That is why, all of a sudden, the Khumbakarna has arisen from the deep sleep to maintain a balance.Interestingly, an authority has been proposed to be created. Which authority? As has already been stated by the other hon. Members, in that, there will be Chief Minister, Chief Secretary and the Home Secretary. (Time-bell rings) Sir, please give me two minutes. It is a very interesting Bill. And, whatever will be recommended by the Chief Minister, if it is not accepted by the two bureaucrats, then also, it will be passed and the Lt. Governor will accept it. So, the Chief Minister will be, I should say, without any authority. He does not have any authority. The bureaucrats will prevail upon him. In democracy, the will of the people is supreme. As the saying in Bangla goes, *”The truth of man is the highest truth; there is no other truth higher than that.” But, here, where the will of the people which has been reflected through election, in a duly elected or constitutionally elected Government, the Chief Minister, has no power; the bureaucrats will overrule the recommendations by the Chief Minister. This is a draconian Bill. This is against all the spirits of the Constitution. Every citizen of this country should oppose this Bill not only inside Parliament but even outside Parliament. Finally, with your kind permission, Sir, I would like to quote a line from a judgement of our former Chief Justice, Shri Y.V. Chandrachud, the father of the present hon. Chief Justice of India, and I quote: “Parliament cannot under Article 368 expand its amending powers so as to acquire for itself the right to repeal, or abrogate the Constitution or to destroy its basic and essential features.” Here is a case where the basic features are being destroyed. And, Sir, according to me, and according to my Party, the All India Trinamool Congress, this Government seeks to insert Entry 41 of the List II into Article 231AA (3)(a), thereby expanding the scope of excepted matters. The Bill, virtually, stands against the heaven of freedom into which Shri Rabindra Nath Tagore wanted his country to awake, as the Bill reflects the abyss of unrestricted powers to ensure emergence of a banana republic. Thank you.
Sir,I stand here to strongly oppose this Bill. Sir, Mr. Narendra Modi is the first Prime Minister to be born in independent India. It is a unique privilege. Mr. Narendra Modi is the child of federalism. He was a Chief Minister – and we are told a very successful one, some people say, some people say he was good – but whatever, he was Chief Minister before he came to Delhi. He is a child of federalism. Why would a child of federalism mutilate federalism? Why? Why would a child of federalism come to Parliament, and in the last three years ensure that about one-third of the bills passed here in Parliament are anti-federal? Why? Why would a child of federalism sanction (Rs) 40,000 crores as a special budget for education, for higher education, and from those 40,000 crores, why would a child of federalism give only 700 crores to state universities? Every bill Sir (is like this) [interruptions…].Sir, Mr. Modi, and his Cabinet believe in transactional federalism. What do I mean by ‘transactional federalism’? Quick message first from somebody the BJD might listen to – Mr. Biju Pattanaik. Mr. Biju Pattanaik said, “The Centre will also have to truly respect the federal nature of our constitution.” Quote, unquote. Sir, you don’t do transactional federalism with Mamata Banerjee in Bengal. It won’t work. We will oppose your Bill whether you give us the (Rs) 12,000 crores which you owe us, 7,000 (crores) from MGNREGA, and 5,000… 4,000 crores otherwise. Sir, transactional federalism chalega nahi. October the second – to fight for the rights of the states and for what is our right, we will not beg, we will have a big rally here for our 12,000 crores. Sir, I want to ask – you are sending delegations, 160 delegations in 30 months, every time. What do you do in the BJP states? If three dogs are barking in Chennai, you send a delegation there. If four cats are fighting on the street in Bengal, you will send a delegation there. My question is – how many delegations do you send to Uttar Pradesh which has had the highest number of murders in this country? How many delegations do you send to Assam, which has the highest crimes against women? How many delegations do you send to Madhya Pradesh, which has the (highest) crimes against children?Sir, please. This is a political house. We will make political points. They cannot be allowed a free run. Sir, yesterday, the last time you spoke, the Home Minister said we have all come together. He said we have all come together as ‘INDIA – Jeetega Bharat’. Sir, one minute, let me finish, don’t interrupt my flow.Sir, I am talking to you because we all have come together according to one theory – is because we are all for (ending) corruption. Look who is giving us lectures on corruption sir. This government has three most important ministers – the PM, the HM, and the WM, who is not here today, the WM. The Washing Machine. Sir, let me tell you … Sir, please let me tell you. Sir, please allow me to speak.Sir, theatrics? Sir, what happened in Maharashtra is theatrics.This is a government which talks about corruption. Sir, in Maharashtra, three weeks ago, the same people were saying that side has got corruption. Now the same people are saying you have always belonged to us, in other words what? You were supposed to go to jail, now you are like us, so both of you should be in jail actually because that is the logic. Sir, this is the state of corruption … This government, yesterday we heard in Lok Sabha, is telling us about dynasty? I will give them a free idea for dynasty. You bring a Bill in Parliament, stopping every Member from a family, saying only one Member, one person (from a family). Will they bring that Bill in Parliament? Sir, they will not! … [interruptions]… Sir, sir, let me finish. Sir, protect me sir… Sir, give me two minutes…Very good, sir. We have a clear difference of opinion here on this Bill. That is why a former Prime Minister has found it important enough to be present here to come and vote with us on the Bill. We acknowledge that, that is why a Member of the JDU has come in an ambulance. So we believe Sir. Mr. Shibu Soren is here also unwell. I agree that we have a difference of opinion on the Bill, it’s our view, it’s their view…Sir, 15 seconds… 15 seconds. Please allot 15 seconds to discuss Manipur Sir…
Sir, we fully understand what you have said Sir that you have said Sir, that the procedural matter means that 267, our emergency notices which we have given, you are looking at some other sections of the rules. Sir, without getting into the procedural nitigritty even though we do believe that 267 supersedes all other rules. All 267 notices you have received today supersedes any other 176 notice. But that is not the issue Sir. The issue is the people of this country want to hear us on Manipur. We as an Opposition, all of us including our respected leader. Sir, we want this discussion on Manipur, we are not here to show ego or arrogance. Sir, I will appeal through you to the Leader of the House, Manipur needs care, needs healing and needs to listen to a voice of consolation. I will appeal through you to the Leader of the House, let us find a solution because this logjam is helping nobody. We will suggest through you Sir, Manipur has to be discussed for six or eight hours. Let us discuss it in a spirit of One Nation. This is not one state. We are very serious about this. Even our Leader of the Opposition <interruption> We come to you with this spirit and I appeal through you Sir, to the Leader of the House, there is a very simple way <interruptions>
Sir, on behalf of my Party, I am strongly opposing the present Bill, The Government of National Capital Territory
of Delhi (Amendment) Bill, 2023. Allow me to speak.Sir, it is apparent from the speech of the hon. Home Minister that it is a targeted legislation and this targeted legislation has been made to whittle down the powers of the present State Government elected by the people of Delhi. It is a malicious legislation now. It is very clear from the speech of the hon. Home Minister. Our Constitution does not permit any targeted legislation or any malicious legislation. This is bad. This cannot be done for whittling down the power. I would like to quote an important sentence from the Statement of Objects and Reasons of the Constitution (Sixty-ninth Amendment) Act. It reads: “The Committee went into the matter in great detail and considered the issues after holding discussions with various individuals, associations, political parties and other experts and taking into account the arrangements in the national Capitals of other countries with a federal set-up and also the debates in the Constituent Assembly as also the reports by earlier Committees and Commissions.”This is one of the objects.The Sixty-ninth Amendment of the Constitution has an important consequence for the special status of Delhi as the National Capital Territory. It emerges from all the speeches of Dr. Ambedkar in the Constituent Assembly that India adopted a federal model in which the Union and the States were meant to operate within their assigned legislative domains. The States are not subservient to the Union. The majority of the 2018 Constitutional Bench judgement held that while NCTD could not be accorded the status of a State, the concept of federalism would still be applicable to NCTD. Therefore, the concept of federalism, structure of federalism as applicable to all the States is applicable to Delhi also. The Constitution Bench judgement itself says so. Let me talk about the most crucial things of the Bill which are really violative. Many points have been raised and I am not going to repeat them. I will speak about power and impinging provisions of this legislation. Power has been taken; total control has been taken by the Central Government. As we know, all IAS officers are appointed by the Central Government now under this Bill. The Chief Secretary will be appointed by the Central Government. He will be a man of the Central Government. Clause 45E talks about the Authority which is called the National Capital Civil Service Authority. Who will be its Members? The Chief Minister will be a Member; the Chief Secretary will be a Member; the Home Secretary will be a Member. Decisions will be taken on the basis of majority of votes of the Members. Therefore, who is indirectly, really having the control? The Central Government is having the control. Does it not destroy the concept of federalism itself? Is it not against the wishes of the people of Delhi? The hon. Home Minister spoke about 2015. All right! If in 2015 they had done wrong things, if they had committed illegal things, why was the same Party has been elected by the people of Delhi a second time? In a democracy, people’s verdict is final;people’s mandate has to be accepted.If the Central Government makes an allegation or anyone makes an allegation against anybody, and if people say that someone is correct and he should govern them, the Central Government should hear the voice and wishes of the people. That has not been taken care of. Therefore, you are taking away absolute power. You need all powers. You say, “I, the Central Government will decide”. Everything will be decided by them. Who are sitting in the Authority? It is the Chief Minister, the Cabinet Secretary and the Secretary. Correct? What is fundamental to democracy? Regarding fundamentals of democracy, there are triple chains. The first chain is that the civil service officers are accountable to Ministers. The second chain is that the Ministers are accountable to the Parliament and Legislatures. The third chain is that the Parliament and Legislatures are accountable to the electorates. This is a chain. This is a Parliamentary Democracy. How can you say that a Minister who is answerable under our Parliamentary system, is equated with the Chief Minister or any other Minister in a statute? In a statute, how can it be possible? It destroys the fundamentals of democracy itself.
Hon. Chairperson, Sir, the judgment in the Government of NCT of Delhi versusthe Union of India, in Civil Appeal No. 2357 of 2017, was delivered by the hon. Supreme Court of India on 11th May, 2023. It has been referred by the hon. Home Minister. The hon. Minister has referred to two or three paragraphs. I will request him to also read paragraph no. 117 of the said judgment, which is laid down in the law. I quote it: “An unaccountable and a non-responsive civil service may pose a serious problem of governance in a democracy. It creates a possibility that the permanent executive, consisting of unelected civil service officers, who play a decisive role in the implementation
of Government policy, may act in ways that disregard the will of the electorate.” Hon. Chairperson, Sir, which one is important? It is not important that the Central Government is having the power. It is also not important that the State Government is having the power. The important thing is the will of the electorate. The will of the electorate has elected the State Government. The will of the electorate has defeated the Ruling Party at the Centre in Delhi. That has to be accepted. The will of the electorate shall be implemented by all the Civil Servants. That is what you are destroying.In a democratic form of Government, the real power of administration must reside in the elected arm of the Stateand the elected Government needs to have control over its administration. These are not my words. Let me say it very frankly that theseare the words of theFive Judges’ judgment of the hon.Supreme Court. If a democratically-elected Government is not provided with the power to control the Officers posted within its domain, then the principle underlying the triple-chain of collective responsibility would become redundant. In paragraph no. 121, it has been said by the hon. Supreme Court in the 11th May judgment that Article 239AA, which conferred a special status to NCTD and constitutionally entrenched a representative form of Government, was incorporated in the Constitution in the spirit of federalism, with the aim that the residents of the capital city must have a voice in how they are to be governed. It is the responsibility of the Government of the NCTD to give expression to the will of the people of Delhi who have elected it. I pause here to ask a question. Who is bound by it? The State or the Centre? It is the State who is bound by it. The State has to give an explanation. If anything happens, who will give the
answer? They are answerable to the State Legislature. They are not answerable to this Parliament at all. Therefore, it is destroying the power itself.It has also been said, ‘Therefore, the ideal conclusion would be that GNCTD ought to have control over ‘services’, subject to exclusion of subjects which are out of its legislative domain — subjects like, land, police, etc. have already been mentioned. If services are excluded from its legislative and executive domains, the ministers and the executive who are charged with formulating policies in the territory of NCTD would be excluded from controlling the Civil Service Officers who implement such executive decisions’. This Bill destroys the concept of federalism itself in NCTD. Hon. Chairperson, Sir, I have quoted what Dr. Ambedkar has said. In status, a State is not inferior to the Central Government.No. Periphery may be different. But they are not subsumed into the Central Government. Therefore, this Bill is destroying the federal character. It is not that today AAP is here in Delhi, BJP is at the Centre and the Congress is there or not. It is not that. Five years or seven years or ten years are not important for the country. What we do now here will have an impact after 25 years. Our next generations will question as to what their previous generations have done. Do you want to destroy the federal characterof this country? That is an important question today I want to pose. Why are Governors so active in non-BJP ruled States? Why are Governors not active in BJP ruled States? Why is Governor acting in contravention of Articles 162 and 163 of the Constitution? Sir, I will tell you about these provisions under Article 361, that is Protection of Presidents and Governors and Rajpramukhs. These are given in the Constitution. The makers of our Constitution never thought that a regime will come in which the Governors appointed by the Central Government would violate the Constitution in States where the ruling party of the Central Government would not be there. The makers of the Constitution would not have given the protection to the Governors that no case can be initiated against them. They are taking advantage of that. They are absolutely taking advantage of that because no case can be initiated against them. In every non-BJP ruled State, it is happening. In a non-BJP ruled State, the Ruling Government, this Government, is sending the Chairperson of the National Commission for Women, they are sending the Chairperson of Human Rights Commission. Why is the Chairperson of the National Commission for Women, why is the Chairperson of the Scheduled Caste/Scheduled Tribe Commission, why is the Chairman of the Human Rights Commission did not get any time in the last four months to visit Manipur? What were these Chairpersons doing when these kindsof offences occurred? Since they are saying, let me tell you in this House itself. I will conclude. I said that in nonBJP ruled States, the Governors are acting beyond the Constitution. Sir, Iam not using the word. Iam using the expression. Why a person appointed under Article 53 of the Constitution of India can act in complete breach of the Constitution? Why the Chairperson of the National Commission of Women have not gone to Manipur? Sir, I will tell you. Kindly allow me to use this expression. I have said that it happened in a non-BJP ruled State but I must say with honesty. Let me be candid before you. I have seen one Governor, that is, the Governor of Manipur Sir, I am not criticising her conduct. Kindly hear me. I am praising her conduct. I am praising her conduct.Then, I must say that one person appointed by the Central Government under Article 153 of the Constitution of India is really acting at Manipur. Our team went there. She has said it to us very clearly that the Chief Minister of the BJP Government is not…Sometimes you should have some degree of tolerance, Sometimes, you should have patience. This is the reason due to which the whole of India is burning.…(Interruptions) It is due to your non-tolerance and arrogant attitude.
Sir, under Rule 72(1), I beg to oppose the introduction of the Digital Personal Data Protection Bill, 2023. … (Interruptions).This is a cumbersome Bill, and very different from the original Bill which was sent to the Standing Committee The Chairperson of the Standing Committee and the Minister have changed the Bill altogether. … (Interruptions) सर, एक वमनि सनु लीवजए। I want this Bill to be again sent to the Standing Committee for a total …
