It is a matter of great concern that primarily a large number of minority students have still not received Pre-Matric/Post-Matric/Merit-
Tag: Kalyan Banerjee
Kalyan Banerjee speaks in LS on The Child Labour (Prohibition and Regulation) Amendment Bill, 2016 | Full Transcript
Thank you, Deputy Speaker Sir.
Rabindranath Tagore said, “Children are living beings, more living than grown up people who built cells of habits around themselves. Therefore it is absolutely necessary for their mental health and development that they should not have in schools for lessons but the world whose guiding spirit is personal love”.
Deputy Speaker Sir, every child is a blessing of God representing the greatest assets of a nation and future of nation. It is unfortunate therefore when a child has become labourer in our prevailing social system. Every nation believes that employers should not be permitted to employ children and parents, no matter how poor they are, should not be allowed to keep children out of the school. It is up to the Stats to stand as guardian, protecting children against child labour. For poor families, children are economic assets.
Sir, by introducing Clause 5 of this Bill this Central government is opening a backdoor to bring child labour. In fact now it is permitted. Through this amendment the children while will be allowed to do the work to help his family or family enterprise which is other than any hazardous occupation.
In a country like ours where the children are not in a position to go to school, in a country like ours where the children are forced to go to work by their parents or their guardian, this Clause 5 is against the basic conception of protecting the child.
What do you mean by school hours? After the school hours will the child be permitted to go to work? This Clause has really hit the basic concept of the Act itself. Therefore it should not be brought. I should request the Hon’ble minister please don’t press upon Clause 5 itself.
Sir, India is the World’s largest democratic country and the world’s second fastest growing major economy but billions of children, all under 24 years of age, are workers, labourers. In fact, in India the percentage of child labour is 23%, the highest in the world. This is a matter of great sorrow for us. This is not a pride at all. Poverty as well as lack of education facilities contributed to the figure. A recent report produced by the International Confederation of Free Trade Union says that there were as many as 4.98 million children working in India’s agricultural, industrial and commercial sectors.
Therefore, today Sir, in this background, Clause 5 is giving the license to bring the child in the working fields. India’s booming economy has taken advantage of children workers towards its growth. While child labourers can be found in urban dwellings, around 80 per cent child labourers are found in rural areas, forced to work in agricultural activities such as stunning, livestock rearing, forestry and fisheries. The practice is widely prevalent in many third world countries such as China, Pakistan, Bangladesh, Nepal and Brazil. But the matter is of great concern in India.
Sir, Article 24 of the Constitution prohibits the employment of children below the age of 14 years in any factory or mine or engaged in any other employment.
Article 39, which comes within the Directive Principles of the Constitution, provides that the health and strength of workers of men and women and young children are not abused to enter avocation unsuited to their age or strength. Article 39(A) provides that children be given opportunities to develop in a healthy manner and in conditions of freedom and dignity, and that childhood and youth are protected against exploitation and moral and material abandonment. The founding fathers of the Constitution emphasised the role of the child and the need for their development. Dr Ambedkar projected children’s rights in the directive principles of state policy as their deprivation had a dangerous effect on the efficiency of democracy and the rule of law.
Prior to the Constitution coming into force, there was an Act, The Children (Pledging of Labour) Act 1933, which prohibits the pledging of labour for children for employment and prescribing penalty for persons and guardians pledging child labour, that is, it prohibits any employment for anyone below 14 years of age.
A new Article 21(A) has been incorporated, which came into effect in 2010, stipulating that the State provides free and compulsory education to all children aged six to 14 years. Compulsory education to children up to 14 years was passed with the enactment of The Right of Children to Free and Compulsory Education Act, or The Right to Education Act, 2010.
Sir, there is no death of Acts in our country. The problem is the implementation of the Act, the execution of the Act. This is not done in our country. Sir, the National Child Labour Project, which started its operation in 1988, was an integral part of the national policy on child labour, as adopted by the Ministry of Labour and Employment, Government of India, 1987. The National Child Labour Project (NCLP) addresses the issue through the following activities: a survey to identify children engaged in hazardous occupations and processes, withdrawal of children from hazardous employments and processes, and rehabilitation of children withdrawn from work, especially through schools established by the project society.
This NCLP operates through project societies run at the district level, with the district magistrate or the district collector as the chairman and an officer to work as the project director for its implementation. The special schools under NCLP are run by NGOs, local self-governments or directly by the project society. This school enrols working children from nine to 14 (years of age) and until they reach the age of 14. Each school, with two educational instructors and one vocational instructor, has provision for 50 children and are given basic education and vocational training.
Sir, until August 2009, the children of NCLP schools were provided cooked lunchtime meals, which have now been merged with mid-day meals under Sarva Shiksha Mission. Every child is paid a pension of Rs 150 per month whereby the amount is deposited in a savings account in the name of the child on a monthly basis, which can be withdrawn only at the time of mainstreaming.
Sir, in West Bengal, under the chief ministership of our greatest leader, Mamata Banerjee, all the 20 districts are covered under NCLP. Out of 985 sanctioned special schools, 963 are functioning, with a total of 47,200 children.
Sir, we have a silver lining – that now child labour has decreased. According to the 1971 census report, it was 10.75 million. According to the 1981 census, it was 13.64 million. According to the 1991 census, it was 11.28 million and according to the 2001 census, it was 12.66 million. But in 2011, it came down to 12.62 million (provisional).
Sir, in spite of the constitutional provisions and the various Acts enacted by Parliament, compulsory education has not become successful for various reasons. The reasons are: lack of educational facilities in rural areas, failure to build infrastructure and employ more teachers, and attract more rural children to education.
India carried over a large number of child labour after Independence; in fact, there was no account of child labour before the 1971 census. The British regime in pre-independence India did not take any effective steps for promoting education in rural areas and the availability of educational facilities was so marginal that only few students could take advantage. Religious concepts and caste systems were among the reasons, other remained away for the lack of interest in education before independence in India. Discouraging girls from education led to creation a huge number of child labour. Since poverty and destitutions are the main causes of child labour, labour inspectors are sympathetic to the families. That is why I am saying that Clause 5 defeats the basic concept of the prohibiting the child labour.
Sir, in a nutshell, the Central Government is responsible for not eliminating child labour from the soil of India. The International Labour Organisation estimates that 215 million children engaged in child labour worldwide in 2008 an estimated 14% in India between the age 5 and 14 years are engaged in child labour activities.
The Ministry of Women and Child development conducted studies on effects of child abuse covering 13 states, 12,447 children, 2324 young adults and 2449 stakeholders. It looked at different types of child abuse and evidences in age groups. The key findings of the study:
- a) 50.2% children are working 7 days a week.
- b) Boys and girls were physically abused equally.
- c) 56.38% children reported working in illegal and hazardous occupations.
- d) 65% of the children were working because of parental pressure.
This study shows that there is parental pressure to work as child labour. So, the Clause 5 needs to be revisited.
Education eradicated illiteracy and is a means for economic empowerment and an opportunity to lead a better life. Article 26, Sub-article 1 of Universal Declaration of Human Rights assures that everyone has the right to education which shall be free at least in the elementary and fundamental stages. We have an Act, we are having the constitutional provisions but it has not been implemented in the entire country. The agencies have failed to implement it. We are not in a position to bring every child of this country to school. The education system is the greatest failure in this country. Due to poverty, children are subjected to many visible and invisible sufferings and disabilities. The Convention on Rights of a Child, which was ratified by Government of India on 11 December, 1992, recognises the right of a child for full and harmonious development of his or her personality. Article 3 of the Convention mandates the best interests of the child is the primary consideration.
Sir, in our Constitution, Articles 21, 21A, 23, 24, 39E and F, 45 and 46 mandate compulsory education of children, socio-economic justice to children and their empowerment. Full growth of their personality socially, educationally, culturally, growing up is a matter of right.
Therefore, Sir, I will be end saying that laws are there, we have to implement them. And it has to be implemented very strictly. Labour Ministry of the Central Government must take care and must see that this is being implemented. Although education does not come under your ministry, but to protect the child labour, it is something you have to monitor indirectly. Child labour must be eradicated by promoting education and well-planned poverty alleviation and developmental schemes as well as through the imposition of on-trade actions on employment of children.
Thank you, Sir.
Trinamool raises several issues of importance in Parliament
Trinamool has always maintained that the Parliament is a place to debate, discuss and legislate. Playing the role of a responsible Opposition, the party participated in several legislative businesses and discussions of public importance.
The day began for Trinamool with Serampore MP Kalyan Banerjee extending support to the Election Laws (Amendment) Bill, 2016 in Lok Sabha. While underlining the important role played by Mamata Banerjee during the Land Boundary Agreement with Bangladesh, he also demanded that the government must release the funds promised to the State for rehabilitation of those who are moving to India.
“When we are thinking that they should be the voter of our country, they should cast their vote, at the same time we should also expect that they should have a dignified life in our country which is protected under Article 21 of our Constitution,” he added.
Kalyan Banerjee was joined by Uluberia MP Sultan Ahmed who questioned the Communists on what they did for solving the boundary issue when they were in power for forty years in Bengal.
In the Rajya Sabha, during a Calling Attention Motion, Nadimul Haque posed several questions to the Union Home Minister regarding the administrative control of Delhi Police and worsening law and order situation in the National Capital.
“Since Delhi Police works under the Central Bureaucracy, it has no accountability to the people of Delhi, so what steps are being taken to increase and set the direct accountability of Delhi Police to the people of Delhi? And if no steps are being taken to increase the administrative control of Delhi Government over Delhi Police, does it not violate the concept of ‘co-operative federalism’ of the Centre,” he asked.
During a discussion on the current situation in India universities, specially JNU and University of Hyderabad, Sukhendu Sekhar Roy questioned the jingoism prevalent in the country and batted for patriotism.
He called for a relook at Section 124 (A) of IPC dealing with sedition and called for ending its misuse. “Ultra nationalism, under no circumstances, is not accepted. Ultra-Leftism is also rejected by people,” he said. “The cruelty inflicted on Rohith must not be repeated. All culprits responsible must be brought to book,” the veteran Parliamentarian added.
Full transcript of his speech coming soon
Kalyan Banerjee speaks on Election Laws (Amendment) Bill, 2016
The historic land boundary agreement was passed as a consequential result of the Constitutional 119th Amendment Bill of 2013. Sir, after long years or long decades this Bill was passed in 2015. Sir, at that point of time the Hon’ble Minister of External Affairs and Minster of Overseas Indian Affairs, in the most unequivocal term really appreciated the role of our Chief Minister Mamata Banerjee for this entire exercise.
Sir, today also, we welcome this Bill. This chain which had started earlier will be completed the moment the Bill is passed by the Lok Sabha and assent is given by the Hon’ble President of India. Sir, the persons who have opted to acquire or retain Indian citizenship will get their most cherished and fundamental right to be a voter and to cast their votes and elect their Government. As a citizen of the country there cannot be a more valuable right than being appreciated and accepted as a voter of the country who has a fundamental right.
Sir, West Bengal election is knocking at the door and the notification will be made very soon. We have confidence on the Election Commission of India that within a few days they will take expeditious steps so that these people can be voters in the ensuing elections in 2016 and cast their vote. We will welcome and all cooperation will be extended on behalf of the All India Trinamool Congress.
I would like to point out only one thing to the Hon’ble Law Minister, since the Hon’ble External Affairs Minister is not here. Through you, Sir, I would like to pass on the message that assurance was given by the Central Government to the state of West Bengal, that for the purpose of rehabilitation of these persons, financial assistance would be given to the state of West Bengal, an amount was also assured. But unfortunately, the entire amount for the rehabilitation has not yet reached. Rehabilitation is also necessary. When we are thinking that they should be the voter of our country, they should cast their vote, at the same time we should also expect that they should have a dignified life in our country which is protected under Article 21 of our Constitution.
Therefore Sir, I am just concluding by saying that we appreciate this entire exercise and we will be appreciating the Election Commission’s exercise if they take immediate steps. And we will appreciate it more if the Hon’ble Law Minister immediately takes steps in releasing the balance financial assistance to the state of West Bengal so that these persons can be helped.
Thank you, Sir.
Why rope in ex-CJIs as Governor: Trinamool Congress in Parliament
Trinamool Congress MP Kalyan Banerjee on Friday urged the government to stop the practice of offering governorship to retiring Chief Justices of India and accommodating top bureaucrats in institutional positions.
“It is extremely unfortunate that an ex-Chief Justice of India of this country has been offered governorship in one of the states. This should not have been done,“ Mr Banerjee said pointing to the appointment of former CJI P Sathasivam as the governor of Kerala by the NDA government.
Participating in a debate on high court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill in the Lok Sabha, the Trinamool MP said the government should instead consider raising the retirement benefits of judges so that they don’t have the lure of post-retirement `accommodation’.
“I will request the law minister to increase the salary and pension of the judges if required. But make a law that after their retirement, the judges will not be accommodated in any position,“ Mr Banerjee said, adding that the proposed law should equally apply to bureaucrats and police officers. “What did he (the CJ) say o the prime minister at that point of time?“ Mr Banerjee continued.
He then quoted Justice Chakravorty has having said, “Do not make this offer to any judge. If you make such offers o judges, then the judges in his country will start thinking that if they deliver some judgment in favour of the ruling party , they may be appointed as governor.”
Kalyan Banerjee speaks in Lok Sabha on the High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill
Hon. Deputy-Speaker, Sir, I, on behalf of my party, whole-heartedly support this Bill. It is because the Government had no other alternative but to bring this Bill because of the directions of the Supreme Court, otherwise the Government would have been liable for contempt of court. This Bill was needed. The object of the Bill regarding the 10 years addition for being eligible for pension for the lawyers was very much needed. I support the Bill.
In our House in the last year we discussed about the National Judicial Appointment Bill and almost all the States had accepted the provisions and Constitutional amendment accordingly was made. But the Supreme Court has struck it down. We had to accept that. In our constitutional scheme of things, this Parliament has the power to engraft the Constitution and the Judiciary has the powers to test the Constitution on grounds of constitutional validity. I am not on that. We have to accept the fact the Supreme Court is the final interpreter of the Constitution. Sir, I am on the point of appointment of judges from the Bar.
My friend was mentioning about Grade A, Grade B, Grade C etc. This collegium system is still very severely criticized. I do not know what law would be laid down by the Constitution Bench of the Supreme Court. But sincerely we are not getting good lawyers because of the collegium function is not properly done till now. Sir, I am giving you an example which is a fact. In fact, I heard it yesterday only. This was a great shock to me. In our High Court there was a good judge, Justice Bhaskar Bhattacharya. He was transferred as Chief Justice of the Gujarat High Court. He became very popular. When he was the Chief Justice of the Gujarat High Court, he persuaded a lawyer whose age was, at that point of time, 42 years.
He was giving income tax of Rs. 1 crore and his return was Rs. 3 crore. By this you can imagine how he has grown up at the age of 42 years.… (Interruptions) Sir, I am mentioning a very serious issue. In Gujarat High Court, one advocate was giving income tax of Rs. 1 crore and Rs. 3 crore was the return. Naturally, he is a brilliant lawyer. Otherwise, it cannot be done. Those who are in the profession will understand that at the age of 42 years, it is impossible for a lawyer to give a return amounting to Rs. 3 crore. His father is also a very good lawyer. The Chief Justice persuaded him to give consent for becoming a judge. What was the salary then? It was Rs. 80,000 to Rs. 90,000. He agreed to that salary. What happened after three days? Justice Bhaskar Bhattacharya was superseded for being appointed as a judge of the Supreme Court.
The next day, the lawyer came and said, “Sir, I am ready to sacrifice this. But can you give me this assurance that I would not be superseded in future because of the collegium system?” And the gentleman did not accept that. This is a very unfortunate incident of the country. The collegium system is failing and it is not the question of Grade A or Grade B. In the collegium system, if he likes the person, then the person is good and if he does not like the person, then he is bad. If a lawyer every time says, “Yes, Me Lord, you are right.”, then he is a very good lawyer. If he opposes, then it is the other way. The collegium system has failed. The debate will be continuing.
I would request the hon. Minister for Law on this aspect. I was talking with one of my colleagues in my profession. If required, out of Parliament, you may call for a national debate on this subject as to what should be the appointment procedure of the judges in the High Court and the Supreme Court. Regarding the salary of the judges, I agree with my friend who spoke from the Congress Party. This is really a small amount. No lawyer will come forward for this amount. At the same time, I would request the hon. Law Minister to constitute a Judicial Commission to fix up the salaries of judges. Do not club it with the Secretaries and the Cabinet Secretary. They are holding a very high post. Do not compare them with your Secretaries. The Government should constitute the Commission and let them fix the salaries of the judges.
So far as infrastructure is concerned, I have a friend in Uttar Pradesh. I came to know that there are 168 sanctioned posts lying vacant in Allahabad High Court and I have been told that 50 per cent is there and 50 per cent is not there. There are a large number of vacancies in the country. Immediate steps should be taken to fill up the vacancies in every district and in every State. Infrastructure has to be improved. Speedy justice is not a slogan or a dialogue. Speedy justice means that justice has to be delivered.
My friend, who just now spoke, told to limit the time. If you limit the time so far as Members of Parliament are concerned, then no Member of Parliament can complete his speech within the time allotted to him. How can a case be completed within the time limit in a court of law? Complexities are there in cases. Therefore, it is impossible to accept the proposition to limit the time for the purpose of arguing cases.
In our Kolkata High Court in 1960s, there was a great Chief Justice whose name was Phani Bhusan Chakravorty. When that Chief Justice retired from the service, within seven days, an offer came to him. The offer was to be the Governor of a State. What did he say to the hon. Prime Minister at that point of time? He said, ‘do not make this offer to any judge’. If you make such offers to judges, then the judges in this country will start thinking that if they deliver some judgement in favour of the ruling party, then they may be appointed as Governor in some State. It is very unfortunate. It is extremely unfortunate that an ex-Chief Justice of India of this country has been offered governorship in one of the States. This should not have been done.
I will request the hon. Law Minister to increase the salary and pension of the judges if required. But make a law that after their retirement, the judges will not be accommodated in any position. This should apply to IAS officers also. They should not be shown any favour after their retirement. Otherwise, what will happen is, before their retirement – the period of six months or one year or two years before their retirement is very important – if they know that if they can favour the Government by giving an order, they will also be favoured with some appointment after their retirement, then they will do it. I believe that judiciary is one of the pillars which has strengthened the democracy in our country.
Yesterday, I was telling one of my friends that the present Chief Justice has said that if the judiciary is allowed to function properly, then India will be number one in the world. From this chair, taking this opportunity, I would like to just tell you, Mr. Deputy-Speaker, Sir, that if a law is made that after retirement no judge, no IAS officer, no IPS officer, should be accommodated in any post in this country, then, of course, India will be the number one in the world. It is bound to be number one in the world. Why are you making this appointment for three years and five years? Why are you bringing in lawyers who are 58 or 59 years old for just three years? It is a case of accommodation. I do not want to embarrass the judiciary today by giving an illustration, which will completely embarrass the judiciary of the country. I do not want it because I always respected judiciary. What will the lawyers who are 58 years or 59 years old do if they are made judges just for two years or three years? They will do nothing. There will be no performance. But because of this amendment, ten years of their service will be added and pensionary benefits will be given to them accordingly. If at all they need to be appointed, appoint them at least when they are 45 years old. If they are really eligible, if they are really qualified, and if you feel that they need to be made judges, then appoint them at the age of 45 or 50, but why at the age of 60, just for two years for the purpose of giving them pension just after two years? This is just to show favour to a person. It should not be done. It should not be encouraged. It should be stopped.
Regarding circuit bench, I agree with what my friend has said. In fact, I went to the hon. Law Minister before this speech started and requested him to bring a constitutional amendment to start circuit benches. I do not know whether you have any experience of Delhi or not. See what is happening in the Supreme Court at Delhi. The Delhi lawyers enjoy so much monopoly in the Supreme Court. The fees start from Rs. 5 lakh or Rs. 6 lakh or Rs. 8 lakh or Rs. 10 lakh or Rs. 20 lakh or Rs. 25 lakh.
This monopoly has to be checked. If the Circuit Bench is there all over India, I am sure no advocate can dare ask for this amount of fees from the people. Therefore, I would request the hon. Minister to make a constitutional amendment. I know you will be facing a great deal of opposition from the lawyers of Delhi itself because the Delhi lawyers will be the first to oppose it saying that there should be no Circuit Bench because they are the most beneficial ones if the Supreme Court is here only. Door-step justice is not just a word to be in the books. If door-step justice has to be delivered, then the Circuit Bench of the Supreme Court must be there in all the regions of this country. It has to be there. It should be given.
Sir, eight months have gone since we passed the National Judicial Appointment Commission Bill. A lot of vacancies have cropped up. In fact, 50 per cent work in every High Court has gone come because of the vacancies. I would request the present hon. Chief Justice of India to speed up the process of filling up the posts of Judges. With these words, I conclude. I am grateful to you that I have been given this chance to speak.
Thank you.
Kalyan Banerjee speaks in Lok Sabha on Constitution Day and Dr BR Ambedkar
Sir, I consider myself privileged to have been given the chance to speak to speak on this subject by the Dy Speaker and my leader Mamata Benerjee.
If it is considered in the world that Lord Denning is the best judge in the world itself, in our country, Dr Ambedkar was and still is the best jurist of this country. Dr Ambedkar was an illustrious leader; he was the chief architect of the Indian Constitution. A good and virtuous Constitution having moral foundation not only protects the fundamental freedom and rights, but also creates a bridge between the conflicting interests and becomes a harbinger to the social needs and produces good legislations and good citizen.
The Constitutional course as a sentinel on the cog wire therefore functions objectively and dispassionately to correct imbalances and keep check on every wing of the state without trespassing upon the field assigned and the powers conferred of the other wings. At the same time maintain a delicate balance. A Constitution is a documentation of the founding faiths of a nation and the fundamental directions for their fulfillment.
The written Constitution of a country is a written documentation of a country which defines the form or system of the government containing the rules that directly or indirectly affect the distribution exercise of the sovereign power of the state and it is thus is mainly concerned with the creation of the three authors, i.e. the executive, the legislatures and judiciary and the distribution of the governmental power among them and the definition of their mutual relation. And we have to work in letter and spirit of the Constitution itself.
The founding fathers of the Constitution cognizant of the reality of life, wisely engrafted the fundamental right and directive principles in Parts 3 and 4 for a democratic life for everyone in Bharat republic. The significance of the perception that Part 3 and 4 together constitute the core of commitment to social responsibility of the society and they together in conscience of the Constitution is a deep understanding of the Constitution itself.
Sir, India is a secular country. Secularism has been inserted in the Preamble in the reason of the 42nd Constitution Amendment of 1976. The object of insertion of this word was to spell out expressly the high ideas of secularism and the integrity of the nation. Secularism does not mean that the Constitution of the theocratic society. It merely means the equal status of all religions without any preference or favor of or any discrimination in any of them. It is clear from the Constitutional scheme that it guarantees quality in the matter of religion to all individuals and groups irrespective of their faith, emphasis on that there is no religion of this state.
The Preamble of the Constitution read with particularly Article 25 to 28 indicates that the concept of secularism is embodied in the Constitution’s scheme itself. Article 29 of the Constitution speaks of protection of the interest of minorities. Article 30 speaks of right of minorities to establish an administrative and educational institution. The concept of secularism is one facet of the right to equality woven as a central golden thread in the fabric depicting pattern of the scheme of our Constitution. Secularism is given a place of pride in our Constitution itself sir.
Dr Ambedkar said, “I like the religion that teaches liberty, equality and fraternity. Religion is for man and not man for religion. The basic idea underlying a religion is to create an atmosphere for the spiritual development of the individual.”
Our Constitution has secured independence of our judiciary and zealously guarded their independence. Independence of our judiciary is undoubtedly the basic structure of our Constitution. But the said concept of independence has to be confined within the four corners of the Constitution and cannot go beyond the Constitution. Our Constitution is liberal, democratic, egalitarian, secular, and federal in character.
Dr Ambedkar said, “Our object in framing the Constitution is twofold, to lay down the form of political democracy and to lay the idea of economic democracy and also to prescribe that every government, whatever its power, will strive to bring about economic democracy.”
Since our Constitution is federal in character, like central government, every state government is elected by the people. The relations between the centre and the state have been engrafted under part 11 of the Constitution. Power of laws enacted by the Parliament and the legislatures of the states has been provided under article 226 of the Constitution.
Our Constitution does not permit the central government to interfere with the state subjects and thereby any attempt to destroy the federal character of the Constitution. Recently the government has issued a directive that all central schemes will be monitored by deputy secretary level officers of the government of India. These officers as a part of overseeing the schemes will travel to different states to monitor the progress of these schemes on the ground. This move of the government of India tantamounts to mistrust on the official machinery of the state government.
As is the current practice, all schemes under the state plan including the centrally sponsored schemes are implemented and monitored by the state machinery. The government of India releases the fund to the state government on the basis of the physical and financial progress of the scheme, and after due submission of utilization certificate by the state government. This system has been invoked since the introduction of the central schemes and is functioning well. The new system will severely affect the autonomy of the state government and is against the spirit of cooperative federalism.
Sir, Dr Ambedkar fought for the protection and the reservation of the scheduled castes and scheduled tribes. Now attempt is being made to take away such protection and reservation. Sir, it is surprising that the honorable Prime Minister and other ministers holding video conference with the chief secretary under the guise of development knowing development programs. This amounts to direct interference with the state administration.
If the honorable Prime Minister and the other ministers wish to know the development of the state itself he is free to talk with the Chief Minister. Nobody should think, with great respect to the Prime Minister, please do not take me amiss. Like the honorable Prime Minister, all the Chief Ministers of the country are also good administrators. They are also the honest persons, they are also political persons, and they have fought for 30, 40 and even 50 years in the field. They have not been sent to the state as a Chief Minister from the Delhi office for running the state itself. Do not undermine any Chief Minister and do not undermine any state government.
Sir, law and order is a state subject; the Government of India has taken up the plan scheme aimed at creating a comprehensive and integrated system for enhancing the efficiency effectiveness of policing and creation of an IT enabled state-of-the-art system and investigation of crime and detection of criminals. The ostensible object of this program is to improve police functioning in areas such as law and order, traffic management and what is being done?
Under the guise of this, every case has to be reported and from Delhi, the Home Ministry will monitor all the law and order cases which are registered under the state which are the subject under the state law and order. Sir, does it not betray the cooperative federal structure of the country? What are you trying to achieve is something which you could not achieve and now the central government is trying to achieve thorough an indirect method for the purpose of keeping record and indirectly monitoring the cases. This is not permissible under the Constitution.
Sir, IAS officers and IPS officers from the state cadres are sent here for training for 2 years. After 2 years these officers are requires to be sent to the states.
My question today is why after this training why you are keeping these officers in your Delhi ministry under the various ministries? For what purpose? Under what law, under what provisions? Are you trying to brainwash the IS & IPS Officers before sending them to the state? Under what Constitution of provisions these since can be done by the Hon’ble Prime Minister & other ministers?
The Centre during the current financial year unilaterally structured a large number of centrally-sponsored schemes without consulting the state governments. Why are you not consulting the state government itself? It cannot be a unilateral decision of only the central government. Undoubtedly, the Centre has a upper hand in Concurrent List. But do not try to be the ‘Big Brother’ of the country itself. All are not small.
Under our Constitutional scheme state government is not the junior of the central government at all. Nobody is under any control.
This central proceeds on account of collection of shares & surcharges do not form part of the divisible pool of the central taxes which is distributed to the states. The shares of states & surcharge in gross tax revenues of central government over a period of time have substantially increased from 3.51 percent in 2001-2002 to about 9 percent in 2015-2016.
The states have been demanding the proceeds of account of cess & surcharge should be shared with the states. The government of India has not acceded to this demand. Instead recently the Centre has imposed 0.5 percent cess on service tax for the Swachh Bharat programme. States were not taken into confidence. This is a burden on the common man of the country. This is against the spirit of the co-operative federalism.
The non tax receipts of the central government have steadily grown by 11 percent oer the last decade. A substantial amount of non-tax receipt is acquired from auctioning of license fees and disinvestments of central PSUs. While the states have equal claim on the proceeds of disinvestments and license fees and the exploitation of natural resources, it also has a major role in the development of the central PSUs which are located in the states. As such the Centre should share part of the proceeds with the state government itself.
Sir, inter0state council is a Constitutional entity created via the Article 266 of the Constitution. Although constitutionally mandated these councils are virtually inactive. A large number of regional issues which could have been easily discussed and resolved in this council either lie unattended and allowed to assume serious proportions of prompt central interventions. Both these situations are undesirable in a federal set up like ours. Therefore inter-state council should strengthen & mandate made effective.
The center has passed the central legislation in many areas which overlap with the state governments. The burden of the implementing the central legislation like Right to Education Act, 2010 & National Food Security Act which are often passed without any effective consultation with the state government falls on the state governments. These legislations put enormous financial burden of the state government and forces the state government to redefine its development priorities in order to provide necessary financial allocation for the statutory liabilities arisen out of the Act.
Planning commission had been a concept of Netaji Subhas Chandra Bose. Now Niti Ayog has substituted it. Sir, in Niti Ayog not a single discussion has been held by the Hon’ble Prime Minister except the Land Bill. What is it doing? What has been done by Niti Ayog? Planning Commission has gone. Six months and no work has been done even by the Niti Ayog itself.
Sir, you know Governors cannot act without the advice and consultation with the state government. In very recent days few governors are being appointed. What they are doing? These governors without consulting the state government or the chief minister are asking for security for some political parties. I do not want to name that political party. Without consulting the chief minister he asking for CRPF for holding local municipality election. Is it not a slip on the part of the governor in contamination of a Constitutional mandate.
Sir, in the Constituent Assembly Debates Volume 10, at page 975, it has been recorded “… However good a Constitution may be, it is sure to turn out bad because those who are called to work it, taken to be a bad lot. However bad a Constitution may be, it may turn out to be good if those who are called to work it, happens to be a good lot. The working of the Constitution does not depend wholly upon the nature of the Constitution. The Constitution can provide all the organs of the state such as legislation the executive & the judiciary. The factors on whom the working of those organs of the state depends, either people or those political parties, they will set up instrument to carry their wishes and their politics. It is therefore futile to pass any judgment upon Constitution without reference to the part which the people and their parties are likely to pay”.
Sir, Mother Teresa said, “God has not called me to be successful, but God has called me to be faithful”. Therefore the three organs of the state should be first faithful to the Constitution and discharge their Constitutional duties. This is not the time to assess how successful we were in the last 65 years. It is time to introspect how much faithful we were to the Constitution itself.
Sir, I will conclude with these words. Only if we are really faithful to the Constitution we will pay respect to Dr BR Ambedkar and the great leaders who were instrumental in making our country the largest democratic country in this world.
With this I pay respect on behalf of my party and on behalf of my leader Mamata Banerjee to Dr BR Ambedkar and other founding fathers of the Constitution. Let us take a pledge that we shall be faithful to the Constitution.
Thank You.
Trinamool calls for preserving the spirit of Constitution in Parliament
Trinamool Congress today called for preserving the spirit of the Constitution of India in the Parliament. Through their passionate speeches in Lok Sabha and Rajya Sabha respectively, Kalyan Banerjee and Sukhendu Sekhar Roy paid rich tributes to the chief architect of the Constitution, Dr BR Ambedkar.
In his speech, Kalyan Banerjee advised the Centre not to play the ‘Big Brother’ and treat the States as junior. Making a strong case for federalism, he said, “Funding for a large number of centrally-sponsored schemes, without consulting state govt, have been delinked. States were not taken into confidence before imposing Swachh Bharat cess. It is a burden on people and against federal structure.”
He also said that secularism means equality of all religions. It has been given a place of pride in the Constitution.
“Mother Teresa said “God has not called me to be successful but faithful”. After 65 years we must assess how much faithful to Const we are,” Kalyan Banerjee submitted.
In the Upper House of the Parliament, Sukhendu Sekhar Roy quoted Tagore’s verses to drive home the point about fulfilling the spirit of Constitution.
“Authority has been given by Constitution framers not to misuse them but to serve the nation. All forms of authoritarianism must be avoided,” he said.
Speaking on federalism, he said, “If govt is serious about cooperative federalism, it must implement the Punchi Commission report.” He also highlighted the rising instances of intolerance in the country.
Quoting the President of India on rising intolerance in the country, SS Roy called for introspection why the first citizen of the country was compelled to make such a statement.
“If we wish to preserve the Constitution, let us resolve let us not be turdy in recognition of the evils that lie in our path,” he added.
On the issue of secularism, Dr Roy quoted Babasaheb Ambedkar: “State is neither religious not anti-religious. It is totally detached from religion”.
Incidentally, the West Bengal Government has decided to observe 30 December as ‘Ambedkar Diwas’.
Kalyan Banerjee speaks on the Undisclosed Foreign Income and Assets (Imposition of Tax) Bill, 2015 | Full Transcript
Full Transcript
Sir, on behalf of my party, I support the Undisclosed Foreign Income and Assets (Imposition of Tax) Bill, 2015. Sir there is no doubt that this type of enactment was needed long back but I have some debatable questions where the merit of the Bill is concerned. The real question is whether this Bill really holds in-built provision for establishing the charges at all or not.
This Bill does not make any provision for bringing back the black money from the foreign country to India. If I correctly remember, on several occasions the honourable Finance Minister said that the government was going to bring a Bill in respect of the undisclosed foreign income and assets for the purpose of bringing back the black money into the country. My humble question to the Finance Minister and the MoS Finance here: Can you show us any single provision whereby and where under our government is empowered to bring back black money into the country itself?
Baaton ke jaadu mein kuch nahi hota hai, saheb. Kaam karna hoga. Baaton ka jadoo toh bahut ho gaya. Vishwas toh 125 crore aadmi aap ko kiya tha. Ek paisa wapas nahi aaya.
Where is the promise of the Prime Minister that the black money would be brought back within 100 days and 15 lakh rupees would be given to every citizen of the country? He has gone beyond his promise. Sorry to say Sir, with all due respect to the honourable Prime Minister, unke baton mein jaadoo hai, kaam mein kuch nahi hain.
The provisions of this Bill are quasi-judicial in character. If no one discloses, then charge has to be framed, then proceeding has to be initiated. This takes a quasi-judicial character and when a penalty is involved it is a quasi-criminal character. Therefore, the charge to be farmed has to be established.
How can we establish the charges? Under Section 8(1B), you are saying, “enforcing the attendance of any person, including any officer of banking company and examining him on oath.”
If that is so, a person who stacks away any black money and keeps it in a foreign bank, unless the official from the foreign bank comes up with the documents, and gives evidence, how will you prove the charges? This is what Section 8(1B) says.
If someone has taken the money out of the country and deposited it in the foreign bank, information would not do. Because of the agreement some information coming from the foreign country would not do. It has to be proved. Each and every transaction has to be proved. Do you think that in all cases foreign bank officials would come and leak the evidence in the country? It is impractical.
This Act is all right for the purpose of publicity, for the purpose of doing things. For the purpose of achieving the political objective it is good. But come to the substance of it. How will you prove the charges unless you have evidence? If it is not legal evidence it cannot be done. And in the case of legal evidence one has to bring an official to the witness stand to prove it because the right to exam the effective person is there. How will you do it? This is the point so far as Section 8 itself.
Earlier, 12 times the voluntary disclosure scheme was brought in the country. This is not a new concept, it is an old one. In fact the in-built provisions of the Acts are akin to some of the provisions of the Income Tax Act itself. Nothing new, it is an old wine in a new bottle with a new name. We want to know exactly how much money was brought back under those voluntary disclosure schemes.
Sir, black money is generated in the country itself. Thereafter it is stashed away. Under this Act, what preventive measures have been taken by you to stop the generation of the black money? To curb black money you have to stop it at the threshold where it is being generated. How? This Act does not speak about that. Sir unless it is stopped, unless it is prohibited, no good result will come.
Come up with a mechanism (we’ll appreciate it) specified under the law for stopping all sorts of black money, whether it is domestic or whether it is foreign. It has to be stopped.
Nobody knows yet the estimate of black money stashed away. Sir, I have been informed (subject to correction) in 2010 the Standing Committee on finance appointed three agencies to ascertain the amount of black money stashed away from the country. Such a report has not been disclosed as yet.
Sir, this Act doesn’t really have any teeth. If anybody discloses it is all right we can recover the money and impose 30% taxes. However if one doesn’t disclose, you don’t have any teeth to catch him. You are purely relying upon evidences which are in the foreign countries and not on the basis of the evidence here.
Do you really think a person who has a huge amount of black money will keep it in a nationalised bank here and transfer it via internet? Do you think a person who is keeping Rs 50 crore of black money will keep it in a bank anywhere in India in his account and transfer it within a minute? There are examples. A transaction is made here following which 50% is paid here and 50% is being paid in a foreign country. How can you catch this under invoicing?
For your political commitment, you want to establish that you are doing so many things. In effect, you are not doing anything. We will give you full support. You bring in more stringent provisions and we will support you whole-heartedly to prevent the generation of black money in the country.
But sorry Sir, with great respect I say that this bill has no teeth. It is only for the purpose of achieving some political goal.
Thank You Sir.
Black Money Bill is toothless: Trinamool in Lok Sabha
Speaking on behalf of the party in Lok Sabha, Chief Whip of Trinamool Congress in the House, Kalyan Banerjee today said that the Undisclosed Foreign Income and Assets (Imposition of Tax) Bill, 2015 was toothless and would not not bring back black money to the country.
Kalyan Banerjee, who is also a senior advocate, said that the Bill only serves a political purpose and is toothless legally. “Do you think a person who has black money will keep it in a nationalised bank and then transfer it over the internet?” he asked.
He advised the government that the time for words was gone and it was now time to act. He reminded the Centre of their promises of bringing back black money within 150 days.
Kalyan Banerjee also pointed out that this quasi-judicial Bill has no provisions to prevent the generation of black money within the country. Calling the Bill “old wine in a new bottle” he said the provisions of the Bill were akin to the IT Act.
Urging the government to ” do something meaningful”, he promised of all support to prevent the stashing of black money in foreign banks.