Sukhendu Sekhar Roy speaks on The Finance Bill

FULL TRANSCRIPT

Sir, I am confused as to whether we are discussing The Finance Bill – within the meaning of Article 117 of the Constitution of India – or a Presidential proclamation of Financial Emergency under Article 360 of the Constitution.

After going through this Finance Bill it appears that through this Bill at least 75 amendments have been proposed to existing sections and 22 new sections have been inserted in the Income Tax Act, 1961, some of which have given the retrospective effect from the year 1962 (when The Income Tax Act was commenced).

If the situation is such that so many amendments are required to be effected in the Income Tax Act or so many new sections are to be inserted then it was better to have a new Act replacing the one. That would have been the ideal situation. But I am sorry to say that the Government has not taken the normal route but has done a bypass surgery of the legislative system.

Sir, propriety demands that instead of 87 amendments or new sections, this Income Tax Act, 1962 ought to have been repealed and replaced by a new legislation.

In this Finance Bill there are many provisions made by the Government, which are against the spirit of the Constitution. First of all I would like to refer to Clause 50 whereby the Section 132 of the Income Tax Act has been sought to be amended which has already been mentioned by some of the honourables and distinguished members of this August House. In Clause 50 enormous power has been given to the Income Tax authority and powers of Affiliate Tribunals have been taken away, in a way which is against the judgment of the Supreme Court.

Firstly, “it is proposed to insert an Explanation after the fourth proviso to the sub-section (1) of s. 132 so as to provide that the reason to believe recorded by the income-tax authority specified therein under the said sub-section shall not be disclosed to any person or any authority or the Appellate Tribunal. Therefore whatever the income tax authority will decide that is sacrosanct and nobody can question on that.” So this is a draconian provision; this is a draconian amendment.

Secondly, again in another explanation for the removal of doubts, “it is hereby declared the reason to believe for making the requisition as recorded by the income-tax authority shall not be disclosed to any person or any authority or the Appellate Tribunal.”

So the decision of the Income Tax authority is final and it cannot be questioned. This is against the principles of natural justice. It can be questioned only before High Court or Supreme Court. So, one assessee will have to run to the High Court or Supreme Court under Article 226 or Article 32 to challenge if an Income Tax authority has taken a decision against him and no authority can challenge that. It cannot be questioned by any other authority, particularly the tribunal. How come? This is trend of authoritarianism that the existing practise is being done away with.

Sir, again, he says after sub-section 9A, another sub-section has been proposed to be inserted – that is 9B – that during the course of the search or seizure or within a period of sixty days from the date on which the last of the authorisation search was executed, the authorised officer for reasons to be recorded in writing is satisfied that for the purpose of protecting the interest of revenue, it is necessary so to do, he may with the previous approval of the Principal Director General, or Director General, or Principal Director, or Director by order in writing, attach provisionally any property belonging to the assessee. I need not elaborate because Mr Kapil Sibal has already elaborated this point.

Unflinching power has been given to these income tax authorities, they can raid any premises, search, seize and even attach. This is a shameful situation without any authority of law. So, this authority of law has been given to the Income Tax authority. For the seventy years since independence there was no scope for any harassment of this kind, which has been sought to be introduced by this legislation. I condemn this, I oppose this.

How the powers of the tribunals have been curtailed through the Finance Bill? What do the Articles 110 and 117 of the Constitution say? Article 117(1) says, “A Bill or amendment making provision for any of the matters specified in sub clauses (a) to (f) of clause ( 1 ) of article 110 shall not be introduced or moved except on the recommendation of the President and a Bill making such provision shall not be introduced in the Council of States: Provided that no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax.”

So it relates to Money Bills.

Now, let’s come to Article 110(1):

For the purposes of this Chapter, a Bill shall be deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely
(a) the imposition, abolition, remission, alteration or regulation of any tax;
(b) the regulation of the borrowing of money or the giving of any guarantee by the Government of India, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of India;
(c) the custody of the consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such Fund;
(d) the appropriation of moneys out of the consolidated Fund of India;
(e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure;
(f) the receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State; or
(g) any matter incidental to any of the matters specified in sub clause (a) to (f)

So if the conditions satisfy sub-clause (a) to (f) then it is okay. If it does not satisfy then it is contrary to the provisions of Article 110 of the Constitution and therefore the amendment which has been sought to be made here is absolutely unconstitutional and I will ask the government to withdraw this; otherwise it will be negation of our Constitution.

Sir, previously there was ‘Inspector Raj’ for some time; it was done away with. Now with this Bill, it has has become a ‘Raid, Seize and Attach Raj’.

Sir, this Bill also seeks for a series of amendments. Amendments have been proposed to provide for merger of at least 18 Tribunals and other authorities and conditions of services of chairpersons and members of those Tribunals. Is this a Finance Bill or a ‘repealing, amendment, insertion of clauses’ for all major Acts? This is unprecedented, has never happened in the history of legislation that so many major Acts have been changed by a Finance Bill and so many amendments have been proposed in the Income Tax Act.

Eight tribunals are to be merged. It is funny how the tribunals will be merged. I’m giving two examples. National Highways Tribunal shall merge with Airport Appellate Tribunal. How come? What is the relation between national highways and airports? Secondly, Airports Economic Regulatory Authority Appellate Tribunal shall merge with TDSAT dealing with telecom disputes. Are airport tax and telecom tariff equal, identical and same? There is no relation between telecom tariff and airport tax. What is this government doing? This is absolutely unimaginable and the powers of the tribunals have been not only curtailed, they are going to appoint their own lackeys. They are going to appoint their own people, their “Yes-Men” in all these tribunals.

The chairpersons and the members (of the tribunals) were appointed in a different manner as prescribed in their respective Acts but with these amendments now it is up to the government to appoint. The government will appoint the way they are appointing members in different committees of different ministries. In the same manner, the tribunals will be filled by the government with their own people.

In 2014, the Supreme Court, in the matter of Madras Bar Association vs Union Of India, while examining a case related to the National Tax Tribunal, said that affiliated tribunals have similar powers and functions as that of High Courts and hence the matters related to appointment and reappointment and tenure must be free from executive involvement. And here just the opposite is ought to be done.

Coming to political funding. The point has been raised about donation to political parties. First of all, there is no upper limit for a political party to receive donation (although there was a news claiming that the Election Commission has suggested that Rs 20 crore should be the upper limit). We will be happy if a upper limit is set.

Sir kindly come to Clause 135 and 137 of the Finance Bill. Clause 135 (3) says:

“ Notwithstanding anything contained in this section, the Central Government may authorise any scheduled bank to issue electoral bond. Explanation.–– For the purposes of this sub-section, ‘‘electroal bond” means a bond issued by any scheduled bank under the scheme as may be notified by the Central Government.”

In the ‘Explanation’ under Clause 137, it says:

“For the purposes of this sub-section, “electoral bond” means a bond referred to in the Explanation to sub-section (3) of section 31 of the Reserve Bank of India Act, 1934.”

Until and unless RBI Act, 1934 is amended with that explanation, which has been given here the second amendment can not have any meaning. So, before the Birth of Ram, Ramayana is being written here in this Finance Bill. This is laughable.

Sir, so many things have been said on Aadhaar, I will say only one point. Today Supreme Court has passed an order on Aadhaar. My leader, Ms Mamata Banerjee, from day one, has been making public statements – and my party was on the roads, on the streets – demanding that the Government must not make it mandatory so far the social beneficial schemes (like mid-day meal, 100 Days’ Work etc.) are concerned. Today Supreme Court has ordered the Government can not make Aadhaar mandatory in case of the social beneficial schemes. Therefore the notification issued by the Government should have been withdrawn immediately as it does not have any legal effect now.

Sir, finally, had these hundreds of amendments in Income Tax Act, and other Acts, not been proposed through this Finance Bill what would have been the procedure? All the respective Acts would have to be amended through the automatic route or the proper channel – that is, the Bill should have been placed before the Houses, it would have gone through the Standing Committee or to the Select Committee. There would have been deliberations, not only by the MPs but even by the different bodies outside the Parliament but by the people also. They could have sent their views,; after considering the views of the people and different bodies, those amendments would have been placed before this House and the House could have a structured discussion on that. Just to avoid the due process, hundreds of amendments of different Acts have been sought to be made here in this Finance Bill. This is – again I say – unprecedented, unwarranted and unconstitutional and it should be rejected by the Government forthwith.

Zindagi kya hai gham ka dariya hai
Na jeena yahan bas mein na marna yahan bas mein
Ajab duniya hai
Zindagi kya hai…

Thank You.

 

Idris Ali speaks on The Mental Healthcare Bill, 2016

FULL TRANSCRIPT

While participating in the discussion on The Mental Healthcare Bill, 2016, passed by the Rajya Sabha, and now been amended as The Mental Healthcare Bill, 2017, I would like to say that though public health is a State subject, with the financial constraints, it is next to impossible for the States of the country to implement the provisions of this Bill.

India is the worst-affected country in the world with regard to depression, having more than 6 crore sufferers. The data of the UN agency shows that the number of people living with depression across the world has increased by 18.4 per cent between 2005 and 2015. In India, depression and mental anxiety disorders prevail in over 5 per cent women and in over 4 per cent men.

Apart from that, about 4 crore people in India suffered from anxiety disorders in 2015, with a prevalence rate of 3 per cent. It is a fact that 78 per cent of global suicides occurred due to mental instability and 1 per cent commits suicide every 40 seconds.

The most alarming thing is that a study indicated an average of 20.5 per cent mental health morbidity in older adults with 17.3 per cent in urban areas and 23.6 per cent in rural areas. Accordingly, it is found that, at present, 18 million older adults, consisting of a population of 83.58 million, are suffering from mental health problems in India.

In 1982, the Government launched the National Mental Health Programme (NMHP) and in 2014, the Health Ministry came up with a revised National Mental Health Policy to treat the elderly, affected by Alzheimer’s and other dementias, Parkinson’s disease, depression and psychogeriatric disorders.

The population of older adults in India is growing: in 1951 it was 5.3 per cent, in 1981 it was 6 per cent, in 1991 it was 6.8 per cent, in 2001 it was 7.4 per cent and in 2006 it was 7.5 per cent. Thus it has been steadily rising and is projected to become 12.5 per cent in 2026; thus it is likely to become a challenge in the near future.

Surveys have found that depression still ranks as the most prevalent psychiatric illness of the aged. One out of every six older persons living in urban areas in India is not obtaining proper nutrition, one out of every three older persons does not obtain sufficient healthcare and medicines, and one out of every two older persons does not receive due respect or good conduct from family members or people in general.

The Indian Council of Medical Research (ICMR), using sound methodology, has revealed that 17.3 per cent of urban and 23.6 per cent of rural older adults, that is, those aged 60 years and above, are suffering from syndromal mental health problems and 4.2 per cent of urban and 2.5 per cent of rural older adults are suffering from subsyndromal mental health problems. According to the Global Burden of Disease Study (GBD), although the world proportion of people of 60 years and above is smaller now, by 2030 the absolute number of older adults is likely to be the highest in India, with enormous mental health morbidity in older adults.

So, the Mental Healthcare Bill, 2017 is not just a health Bill but one which deals with a mixture of health and social care issues, and hence, we have to think differently to protect and promote speedy procedures of treatment and the rights of persons with mental illnesses.

Keeping in view making fruitful the objects of the Bill, we immediately require community-based mental healthcare by using the public health infrastructure and other resources of the primary health centres in the administrative structure to develop and monitor the progress of the programme in a centralised manner. To make it a successful project, we have to immediately set up psychiatry and psycho-orientation departments at all levels of health centres and hospitals in the country.

I therefore request the Central Government to ensure funds to State Governments for due implementation of this Bill and this Bill may kindly be included with the schemes of the Department of Health and Family Welfare which are under 100 per cent Central Government funding, before the situation gets out of the hand of the Government.

Ratna De Nag speaks on The Mental Healthcare Bill, 2016

FULL TRANSCRIPT

Thank you Sir for giving me the opportunity to speak on The Mental Healthcare Bill, 2016. The Bill seeks to promote and improve the rights of the patient in need of the mental healthcare.

National Human Right Commission conducted a detailed study of the patients in mental institutions and condition they live in. They found numerous instances of cruel treatment – people being beaten, people being chained and being denied dignity of any kind.

Sir, at present we have about 300 district mental health programmes. But the effectiveness of the programmes varies across the States because of the restricted funding, lack of trained human mental health care providers and low motivation among the health providers at the all stages.

The access to mental health programmes is going to be a big concern in India. Up to 40% of the patients do not get access to the mental health programme because they have to travel more than 10 km.

Depression is the leading cause of death in the world and it is the second leading cause of death among 15-29 years old. According to World Health Organisation, about 350 million people suffer from depression worldwide. As per the National Crime Records Bureau, 1.31 lakh people committed suicide in India in 2014. Lack of funding, lack of human resources, and social stigma associated with mental illness – along with lack of access – are the main reasons for the failure of effectiveness of these programmes.

Lack of funding, lack of human resources, and social stigma associated with mental illness – along with lack of access – are the main reasons for the failure of effectiveness of these programmes. There are about four thousand psychiatrists in India. Most of them are in the private practice, so there is a massive shortage of psychiatrists in the public sector. This will lead to large number of people, requiring treatment, remaining undiagnosed.

But Sir, there are some good provisions in the Bill also. For example, Advanced Directive, stating how he or she wishes to be treated for a future mental illness also how he does not wish to be treated. Such an Advanced Directive can also be challenged by families, professionals.

Decriminalisation of suicide is a much needed reform. A person attempting suicide shall be considered to be under serious stress and will not be liable to be prosecuted under Section 309 of IPC. The Government shall provide care, treatment and rehabilitation to all such persons.

Another good provision, Sir, is that the Bill provides protection to patients from cruel, inhuman and degrading treatment. Some treatments currently being used will be prohibited, most importantly, electroconvulsive therapy given without anesthesia and the practise of chaining the patients to their bed.

But, there are some points Sir, I would like to raise. The Provision of appointing a nominee and then subsequent decisions being taken by them may lead to damage to the bonding and goodwill between the families.

Furthermore, a mental patient can only be admitted in a mental institution after review by the Mental Health Review Commission.This may lead to undue delay in the treatment and make the entire process more complicated. Furthermore, this reason may discourage the families from playing a proactive role.

The Mental Health Review Commission has six members, out of which one is a psychiatrist and another a mental healthcare personnel. This means that it will lead to crucial decisions being taken in the field of mental health by a non-expert.

The Bill speaks about ECT, that is, electroconvulsive therapy in the case of some mental illnesses for minors. But, Sir, the Board advises it with the consent of the parents with prior permission of a psychiatrist. Sir, due to serious hazards of electroconvulsive therapy on minors, it is a controversial implementation in the case of mental health issues of a minor, and so a blanket ban on electroconvulsive therapy for the treatment of mental illnesses of minors should be implemented, as advised by the World Health Organisation.

The Bill states that medical records can be assessed by the patient unless it causes a “serious mental harm”. But there is no definition as to what would constitute a “serious mental harm”, and it is linked to the psychiatrist’s decision. This may lead to unscrupulous people taking advantage of these patients for their own benefits. Sir, the Bill must provide for a stringent punishment in cases of falsifying medical records.

The Bill states that there shall be one district board for eight north-eastern States covering at about 262.230 sq km. This would make it inaccessible to large number of people, due to difficulties in connectivity and terrain.

Sir, the Bill states about the community-based rehabilitation establishment and health services. But is not defined. A clear-cut definition is required.

Sir, I would request the Hon. Minister to:

  • include Dementia under Mental Healthcare Bill,
  • incorporate a neurologist in the Board,
  • ensure that the admission and discharge of a mental patient in a mental health institution should be under the jurisdiction of the physician,
  • organise regular mental health awareness camps. They can be organised by government and non-government organisations,
  • review and assess the programme by an expert, and finally,
  • assess and analyse the benefit of the programme and response of the people.

 

I would request the Hon. Minister to look into these issues so that the country gets a good Bill and we are able to eradicate the social stigma associated with mental illness.

Thank you, Sir.

 

 

 

Saugata Roy speaks on the Indo-Bangla Teesta Water Treaty

FULL TRANSCRIPT

Madam, I am raising a matter of urgent public importance.

There are different stands on water pacts with Pakistan and Bangladesh agreed into by the Centre. The Government is pushing for the Teesta pact. This week India demonstrated two very different approaches in sharing water resources with its neighbours. Pakistan will have to live with the fact that India plans to continue utilisation of its allocation under the Indus Water Treaty as it refused to countenance any change in the design of the Baglihar Dam in Jammu and Kashmir.

Meanwhile, on the Bangladesh front, the Modi Government is working hard to conclude the Teesta Water-sharing Agreement with Sheikh Hasina’s Government, unperturbed by West Bengal Chief Minister Mamata Banerjee’s statement expressing deep concern for not having been consulted on the Teesta Water-sharing Agreement between India and Bangladesh. The Centre has said that stakeholders would be consulted at the right time in the spirit of cooperative federalism. A Government spokesman has said that just as the Centre and the State had collaborated in the Land Boundary Agreement, there would be consultations here too. Mamata Banerjee, the Chief Minister said, “We were told that the signing of the treaty would be on May 25 following the visit of the Bangladesh Prime Minister from April 7 to 10”.

Other northeastern States’ CMs have been invited to the signing, she said, but not she. She also said. “I have very good relations with Sheikh Hasina. I took the initiative in initiative in resolving the chhit mahal problem, that is, the enclave problem – the land boundary and the exchange of enclaves issue with the Bangladesh Government”. But when it comes to protecting the interests of Bengal, Mamata Banerjee said, “I shall not put the seal of approval on any treaty without knowing what it is about”. She said. “The Centre is interacting directly with the District Magistrate through video conference. Why is the Centre bypassing the State Government?” “I strongly protest against this attitude of the Centre of going behind the back of the State Government for an international agreement”. We strongly protest any attempt to sign the Teesta Treaty without the consent of the West Bengal Government.

Thank you.

 

Idris Ali makes a Zero Hour mention on the problem of flooding in his constituency

FULL TRANSCRIPT

I am grateful to you Madam Speaker and I am also grateful to our Hon’ble Chief Minister Mamata Banerjee who is working hard.

Basirhat constituency is a part of Sunderbans area and is annexed with the district of North 24 Parganas covering blocks of Sandeshkhali I & II, Hingalganj, Haroa, Minakhan, Hansnabad, all of which are surrounded by tidal rivers of Ichhamati, Bidydhari, Kutti, Damsa, Raymangal besides being crisscrossed by numerous creeks and channels. Hence during the monsoon, flood is the common problem of the major portion of my constituency. Thus, recurring floods damage the roads and the dimension of the land.

I urge upon the Government for construction of ‘scientific concrete road’ which could be the permanent solution of these areas. I would therefore request you to issue an order for a detailed project report (DPR) with proper survey and sanction budget accordingly from PMGSRY and I hope that the department should take proactive steps as soon as possible.

Lastly, I would like to add, Madam, that the Chief Minister of Bengal works for people of all religions. The CM of Uttar Pradesh must follow her lead.

 

 

Saugata Roy makes a Point of Order on the GST Bill

FULL TRANSCRIPT

Madam, I’m not speaking on the merits of the Bill. It has been passed in the Inter-State Council and the Cabinet has taken a decision. I am objecting to these midnight manoeuvres. The Minister on Friday passed the motion on Government business for the coming week. If it was uploaded on the midnight of Friday, then why did lit not come on the List of Business for today?

Why has it been introduced today? Because the Minister knows that there is a Business Advisory Committee meeting chaired by you, and called by you, which will take place at 1 o’clock today. Then we’ll come in a hurry. So we’ll have the Bill tomorrow and then we will discuss immediately.

Madam, there is a time for such an important business. Madam, please do not upset the balance in parliamentary procedure; members should be given sufficient time to deliberate, discuss, think, to put objections, whatever. Madam, you should give a ruling on this. The House should not be suddenly jolted into action by midnight manoeuvres.

 

Mumtaz Sanghamita asks a Supplementary Question on child labour

FULL TRANSCRIPT

Thank you, Madam, for allowing me. My question is about rehabilitation under this programme. Services like schooling and mid-day meals is there. The Minister, as well as other members, have talked about the problem. It is poverty.

There are some residential schools. But most of them are under NGOs. Has the government taken any initiatives to set up residential schools? If not, are they thinking of doing that? Otherwise when they come back to their homes, their parents will again put them back to the working bases.

As per as my constituency is concerned, there are three schools in Bardhaman and two in Durgapur-Panagarh; those are all run by NGOs and are up to the primary level only. They should be up to the eighth standard so that after that they can have some skill development programmes over there.

 

 

Idris Ali speaks on the problems in his constituency during Zero Hour

FULL TRANSCRIPT

Madam, I am deeply grateful to you for giving me the opportunity to speak. I am also deeply grateful to our Chief Minister Mamata Banerjee. Due to her I have come here. I want to make three points.

In last year’s Budget, a station was sanctioned at Bhabla, in my constituency Basirhat. But the work for the same has not yet begun. I want to draw the attention of Hon. Minister through you, Madam.

Second point. There are many SC/ST people in Hingalganj, under my constituency. But the region has no post office.

 

 

Partha Pratim Ray demands immediate air services at Cooch Behar airport

FULL TRANSCRIPT

Madam, the Ministry of Civil Aviation released an order dated March 4, 2014, regarding air transport system in various regions and remote areas in the country. In the order, a list of airports identified for providing air services was also published.

Fortunately, Cooch Behar airport, situated in my constituency, was included in the list as one of the important regional airports under the Airports Authority of India.

Unfortunately, till now air services in Cooch Behar airport are yet to be started. I demand to start the airport transport system as early as possible for the better interests of the people of Cooch Behar and Alipurduar.

 

Pratima Mandal speaks on The Constitution (Schedules Castes) Order (Amendment) Bill, 2017

FULL TRANSCRIPT

Thank you, Deputy Speaker Sir, for giving me the opportunity to speak on this Bill. Sir, it is nearly 70 years since the country got its freedom and almost 70 years since our Constitution came into effect. However, it is a matter of regret that even after 70 years, our policy on reservation had little impact on the lives of ‘Scheduled Caste’ and ‘Scheduled Tribe’ people. They live a precarious life, unable to bear their necessities of life. The caste system is mainly responsible for the prevailing inequality in the country. It has largely contributed in keeping a large of India’s population backwards.

Caste and creed based division still dominate in service, marriage, education, employment and general social interaction in our country. We should. therefore. make all the effort to fight back so that we live in a society that encourages only liberty, equality and fraternity, irrespective of our caste, which our Constitution promises. Although our Constitution has provisions for reservation for these socially-deprived people, they have benefited from reservation only in a limited way. We need to put effort to make these people a part of the mainstream society. We should attempt to help the weak grow strong; not let the weak become weaker and give them a level playing ground with all members of the society. To echo what Dr BR Ambedkar said, our efforts must be aimed to “break the chains” for once and forever.

The Bill under discussion aims to strengthen efforts by including in Part 13, Entry 79 of the Bill, the castes Sabakhia, Sualgiri, Swalgiri as Scheduled Caste in the State of Odisha. It is a commendable step forward. The Bill also aims to replace Pondicherry with Puducherry at two places where it occurs in the Bill.

However, in the Financial Memorandum,  the Bill brings out, due to non availability of casewise data, a precise estimate of expenditure of which would have to be incurred is not possible. I would like to draw the attention of the House that it is evident that with inclusion of more castes under the Scheduled Caste category the government will require more funds to make sure that every such member is enabled to access all opportunities and facilities. So I would like to request the Hon. Minister, through you Sir, that the government may consider it beneficial to revise the fund allocation towards the welfare of the Scheduled Caste and Scheduled Tribe people.

Our Hon. Chief Minister Mamata Banerjee has introduced a unique team Shikshashree to encourage the Scheduled Caste and Scheduled Tribe students towards their education and as well as their social upliftment. Government of West Bengal have already issued more than 11 lakh caste certificates and online procedure has also been introduced to expedite the process.

Sir the time has come to provide quality education to our children from the nursery level, so that our children can make a good educational future. With these words I would like to conclude my speech. On behalf of my party, All India Trinamool Congress, I wholeheartedly support this Bill.