
Month: September 2013

Derek O’Brien demands clarification from Centre on meeting held with GJMM
Through you, Sir, I want to share with this House, this is about Drajeeling, the letter written by the Prime Minister to the Chief Minister of Bengal in August states ‘that I have instructed the Central Government personnel that any meetings with the GJMM leadership should be done in consultation with the State Government, and they should keep you informed about the developments.’ Sir, this is a letter from no less a person than the Prime Minister of India, of 1st August, 2013. And, then, Sir, on September 3, three days ago, while the Chief Minister of Bengal is making her 21st visit to Darjeeling for peace and development, while she is on the tour, in spite of this assurance given in writing by the Prime Minister, the Union Home Minister in Delhi is meeting the GJMM Delegation on 3rd September without any notice whatsoever to the State Government. Sir, the meeting was taking place while the Chief Minister of Bengal was holding a public meeting in Kalimpong. Sir, this House knows the sensitivity of Darjeeling. The North-Eastern States are bordering there. They border with Nepal, Bhutan and Bangladesh. Sir, all meetings on Darjeeling need to be held on a tripartite basis. This was the agreement.
Sir, you will also appreciate that this is a continuous political interference of the Central Government in the internal affairs of the State. Sir, the point here is, the Prime Minister writes, ‘I have instructed the Central Government…’ My question here is, is anyone in the Central Government, including his Home Minister, listening to the Prime Minister? No one is listening because they are going about like this. Sir, the situation is like this. The situation is that the Central Government is blatantly playing, trying to play divide and rule politics in that very, very sensitive area. Sir, this is divide and rule of a very dangerous nature. We have been saying this on a variety of issues whether it comes to any kind of legislation, whether it comes to land reforms and food security, the federal structure of this country is being made a mockery of. But this particular one is absolutely shameless. When the Prime Minister has given the Chief Minister an assurance, the Home Minister is having meeting behind his back. Sir, we demand the Home Minister come to this House and explain to this House how this meeting took place without any consultation with the State Government. The Home Minister needs to come and explain to the Members of this House. The situation is sensitive, dangerous and this is playing with fire, Sir.
Sir, we want a statement from the Home Minister.
Sukhendu Sekhar Roy speaks on The Constitution Bill, 2013
Mr. Deputy Chairman, Sir, I am grateful to you for giving me the chance to speak on the vital Bill, i.e., the Constitution (One Hundred and Twentieth Amendment) Bill, 2013. Sir, our Party, the All India Trinamool Congress and our leader, Miss. Mamata Banerjee, has full faith in Judiciary. We believe in the independence of the Judiciary, and the powers of judicial review because we know that the Judiciary in our country, by delivering landmark judgements in plethora of cases, right from Keshva Nand Bharti Case to 2G Case, over the decades, have reaffirmed justice, social, economic and political as enshrined in the Preamble to the Constitution of India.
Sir, my Party, the All India Trinamool Congress does not believe in a committed Judiciary. A committed Judiciary was advocated by the so-called Young Turks in the era notoriously known as Emergency period. We all know what happened in 1973 when the Judiciary was made to measure. Three of the senior judges were superseded by a puisne judge in the Supreme Court to give shape to the philosophy of committed Judiciary. But, Sir, gone are the days. Things have undergone a sea change since then. But due to abject failure on the part of the Executive and the inaction on the part of the Legislature, the so-called judicial activism has surfaced and at times the so-called judicial activism has turned to be judicial excess.
Sir, moreover, irregularities and nepotism, if not other corrupt practices, are being perpetrated on a regular basis in the matter of appointment of judges in the High Courts and Supreme Court.
Nowhere in the world, as I know, such a system of collegium exists whereby the Judges appoint Judges based on the pick and choose formula as per their whims and fancies. Majority of the advanced countries though guarantee independence of judiciary, the appointment of Judges and other service conditions are guided by such a mechanism which ensures transparency and accountability. In India, unfortunately, we are lacking that. Sir, take the example of Switzerland. In Switzerland all the political parties have a voice in the appointment of Judges. We do not want to seek that power for the political parties. But in Switzerland the Members of the Federal Court are appointed by the Swiss Federal Assembly. Even the Constitution of Nepal provides for a Judicial Commission. For the past twenty years we are discussing and debating. We have not come to finality; we have not come to a conclusion as yet. Even today we are a divided house. Ultimately, the country will lose; ultimately, this is a burden on the common man who is seeking justice. We are not thinking of them. They are knocking the doors of the judiciary. For decades together they are not getting justice. We are discussing and debating without coming to any conclusion. This is why I think that this is the need of the hour that this Constitutional (Amendment) Bill is passed and supported by each and one Member of this House. Sir, all the time the politicians seem to be the sacrificial goats and others are holy cows, nobody can touch them. We have not forgotten the maxim which is even today prevalent in England, UK, that ‘King can do no wrong’. In India, the Judges can do no wrong. They have adopted that maxim for them. They think that they are law unto themselves and they do and undo anything they want because only impeachment is there, nothing else. How the impeachment is directed against them all of us know which we need not discuss elaborately. So, taking the advantage of the umbrella of impeachment, they are exercising their powers sometimes in a way transgressing into the jurisdiction of the Executive and the Legislature. This is why this Constitutional (Amendment) Bill is very much necessary. Many hon. Members have spoken about the balance of separation of power and it must not be disturbed. Yes, the founding fathers of our Constitution introduced the separation of power, balance of power among the three pillars of our liberal democracy. Now a time has come that we have a very serious view as to whether these three pillars are still intact with their powers and jurisdiction or not. In the matter of appointment of Judges, we need not say anything about how the Judges are appointed. Very recently we know about the case of one hon. Chief Justice of a particular High Court. His letter addressed to the hon. President of India, his letter addressed to the Chief Justice of India, to the hon. Prime Minister of India has been leaked in the Press and we all know the contents of the letter. There the Chief Justice of that hon. High Court has categorically stated – no politician has alleged – that it is the Chief Justice of a High Court who is alleging that ‘my candidature for a Judge of the Supreme Court was not considered only because when I was in the Collegium of the High Court, I raised an objection against the appointment of a particular close relation of the present Chief Justice of India’. introduced the separation of power, balance of power among the three pillars of our liberal democracy. Now a time has come that we have a very serious view as to whether these three pillars are still intact with their powers and jurisdiction or not. In the matter of appointment of Judges, we need not say anything about how the Judges are appointed. Very recently we know about the case of one hon. Chief Justice of a particular High Court. His letter addressed to the hon. President of India, his letter addressed to the Chief Justice of India, to the hon. Prime Minister of India has been leaked in the Press and we all know the contents of the letter. There the Chief Justice of that hon. High Court has categorically stated – no politician has alleged – that it is the Chief Justice of a High Court who is alleging that ‘my candidature for a Judge of the Supreme Court was not considered only because when I was in the Collegium of the High Court, I raised an objection against the appointment of a particular close relation of the present Chief Justice of India’.
Not present Chief Justice of India, I mean, a former Chief Justice of India. Only because he, being a member of the Collegium, had raised objections, on valid grounds, against the appointment of a close relative of the erstwhile Chief Justice of India, his candidature was not considered. Till today, he is moving around without any result, trying in wilderness. This is the situation that our judicial system is having today. Shame on the part of Judiciary! It is a shame on the part of our Judiciary that such things are being continued. The hon. Leader of the Opposition has said that the Constitution provides for consultation and he has given a very wider meaning of consultation and has appealed that its dictionary meaning should not be taken care of. I am sorry, with all respect to him, I disagree with him. I stand corrected. ‘Consultation’ must not be construed as ‘concurrence’. ‘Consultation’ cannot be ‘concurrence’. Had it been so, there would have been the word ‘concurrence’ in the Constitution, not the word ‘consultation’. As compared to our forefathers, who drafted the Constitution, we are pigmies. They visualized everything. They discussed everything in detail. And, ultimately, they chose the selected words at the right place. Therefore, ‘consultation’ cannot be construed as ‘concurrence’. The nicety of our liberal democracy is that we are having checks and balances in our system. And, taking a cue from that principle of checks and balances, the Law Commission, while considering the Amendment in the present form, in its 214th Report, submitted in the year 2008, said that the Indian Constitution provides a beautiful system of checks and balances under Articles 142(2) and 270(1) for the appointment of Judges of the Supreme Court and the High Courts, where both, the Executive and the Judiciary, have been given a balanced role.
This balance has been upset by the second Judge’s case and the original balance of power needs to be restored. The original balance of power needs to be restored and this Constitution (Amendment) Bill seeks to restore that balance. The law may be passed. Restoring the primacy of the Chief Justice of India and the power of the Executive to make the appointments, the amended procedure would be based on the principle of accountability and focus on the key factors, like, transparency, fairness, objectivity and equal opportunity. So, in order to ensure transparency, fairness, objectivity and equal opportunity, we need assistance which has been proposed in the other Bill, which we will discuss some other day, as the hon. Law Minister has stated. Therefore, this is the need of the Hour.
Okay, Sir. I am concluding. Neither the Judiciary nor the Legislature nor the Executive enjoys any temporal power. All powers have been derived from the Constitution. This question was raised again and again as to which one is supreme — Parliament or the Judiciary. As a student of political science and law, there is no iota of doubt in my mind that Constitution is the supreme. The Executive, the Judiciary and the Legislature have to abide by the tenets of the Constitution without which our democracy cannot usher in a new era. What are we leaving for our next generation? A corrupt judiciary, a corrupt system! Son of a judge will be appointed, daughter of a judge will be appointed, close relatives of the judge will be appointed, even the Chamber juniors of the judge will be appointed as judges. No matter he or she has the quality or not. Therefore, I agree with the Leader of the Opposition that there should be some eligibility criterion, objective eligibility criterion for appointment of judges. There should be no pick and choose. Therefore, Sir, on behalf of my party, I fully support this Constitutional (Amendment) Bill. Thank you.

D. Bandyopadhyay speaks on Land Acquisition Bill, 2013
Thank you, Madam. I rise to oppose the Bill though I admit it has many notable features. With notable features, there are many concepts of the old draconian Bill which was totally inhuman, the hon. Minister has tried to put a human face. For that I am grateful to him and I congratulate him. But our opposition is mainly on the whole concept of eminent domain. Eminent domain, Madam, was a royal prerogative. Notionally all land belongs to the king. Individual title holders are absolute owners but the King, now State, is the notional paramount owner of the land. Therefore, if the King, now the State, wants that land for his own purpose, then it can appropriate the land by paying compensation because it is the recognized right. One good point about this Bill which I oppose but I support the content. I am supporting the good point, but I am opposing the main point.
The concept of owner in original Bill was not required. But for the loss of property and for the compulsory character of the acquisition, compensation is paid. Somehow or the other, the owner always feels that since he cannot sell it in the open market, he is being cheated. If ‘cheated’ is the wrong word, he is being betrayed. This comprehensive Bill is not the only law on the land acquisition. There are 13 other laws as mentioned in the Schedule IV of this Bill itself. Now my point is why there should be such multiplicity of law on the same subject. I know the Minister of Rural Development, in-charge of this Bill, cannot control all those 13 Ministries. But, at the time Government as a whole should take a view that there are 13 Acts regarding the acquisition. Each Department wants a Bill of its own. So, when you are having a comprehensive Bill covering all aspects giving a human face to it, why should we have all those Acts? I would request the hon. Minister to take a view collectively in the Government so that you have only one Bill or maximum another Bill if there is a specialized thing. I would like to commend the Minister for inserting Chapter 3, entitled ‘special Provisions to Safeguard Food Security’. Large-scale acquisition involving large scale displacement of the rural population creates a great adverse effect on agriculture. Therefore, the point that you want to have the social impact assessment is a very welcome feature. But I am afraid that the limit suggested under clause 10 has not been properly defined. (Timebell) I am coming back. Another good feature of the Bill is the social audit which I have already talked about. Now I come to the main thing. So far the acquiring authority is to follow the policy of rehabilitation and resettlement. I congratulate the Minister for bringing that in the statute book to give him rehabilitation and resettlement. In spite of good features, we oppose the Bill because this draconian law should not be used by profit making institutions, owners of such entities who believe in the efficiency of market for efficient allocation of resources. That applies to the principle: When they operate in the land market, as they are operating in the labour market, as they are operating in the resource market, or, in whatever market they are, if there are imperfections in those markets and they operate and make money, why they should be given privilege under this Bill to acquire land forcefully.
Thank you very much, Madam.

Saugata Roy speaks on the Supplementary demands for grants
Sir, I rise to speak on the first batch of Supplementary Demands presented by the Finance Minister. Before I proceed further, I want to read Rule 216 from the Rules of Procedure and Conduct of Business in Lok Sabha. It says:
“The debate on the supplementary grants shall be confined to the items constituting the same and no discussion may be raised on the original grants nor policy underlying them save in so far as it may be necessary to explain or illustrate the particular items under discussion.”
From Ananth Kumarji onwards, I have heard several speeches. Nobody has referred to the supplementary grants on which permission of the House is sought. Sir, I did not want to disturb anybody. Sir, I just want to point out that (Expunged as ordered by the Chair) following the rules nor are we following the rules.
Sir, (Expunged as ordered by the Chair) Sir, you had been the Deputy-Speaker and you know that. The Chair could say that you keep to the supplementary demands.
Sir, since the Chair has shown leniency in the matter of applying the rule, I shall take advantage of the same and submit my points.
My first point is with regard to West Bengal. The present Government in West Bengal, which came to power in 2011, inherited a total outstanding debt of Rs. 2,03,000 crore left by the previous Government. The previous Government had brought in the Fiscal Responsibility and Budget Management Act very late. The Central Government and the State Government borrow and borrow and borrow. Now, the new Government is bearing the burden of Rs. 2,03,000 crore of debt, for which it has to pay almost Rs. 20,000 crore in interest and principal. All of us from the TMC has been raising the demand to give us the moratorium on interest payment for three years. We made this demand to the previous Minister of Finance and we are making this demand again to the present Minister of Finance. For political reasons you tweak the law or the norms to give Bihar a special grant. We have no quarrel with that. So, tweak the law or the norms again to give West Bengal this moratorium, which we have been seeking for a long time. So, this is my first point, that is giving economic justice to West Bengal. The Minister of Finance is not here. But I am sure he would be listening to this debate somewhere. So, I hope he would respond to my demand.
The second point that I want to make is that this is not a very big Supplementary Demand. The total Demand is only to the tune of Rs. 7,497 crore. The actual outgo to the exchequer is only Rs. 127 crore. The rest will be matched by savings of Ministries and Departments or by enhanced receipts recovery. So, actually the Supplementary Demand is only for an outgo of Rs. 127 crore. This is not a very big amount. So, nobody can object. After all, the Government has to run.
The main thing to notice is that the Minister of Finance has taken maximum amount of this money for his own Ministry. That is to fulfil the promises he made in the Budget. He should have kept the provisions in the Budget. He did not. So, he is now seeking for Supplementary Demand.
For setting up Nirbhaya Fund and for National Skill Development Corporation, he is asking for Rs. 2,000 crore; and for payment to the IMF, for provision of loans to the IMF, he is asking for Rs. 1,830 crore. We will soon have to go to the IMF for loans. We are giving the IMF this Rs. 1,830 crore from our Supplementary Demand!
Secondly, he is spending Rs. 100 crore for equity in micro finance institutions, for setting up a Credit Guarantee Fund Rs. 500 crore, and for establishing a women’s bank Rs. 1,100 crore. The Minister of Finance did not make provisions in the Budget for the schemes that he had announced. So, now he is coming and asking for Budgetary support. But he has a right to do that because he has saved most of this money.
Having said that this is a minor Supplementary Demand, let me say a few points on the economy. The Minister of Finance, along with the Supplementary Demand, presented a Medium Term Expenditure Framework Statement, to be laid before the Parliament as required under the FRBM Act. There, he has mentioned that the Budget 2013-14 was made on the assumption that there will be GDP growth in the range of 6.1 to 6.7 per cent. Now, what is the position? It is being estimated that this year the growth will be as low as 4.2 per cent. So, the basic premise of the Minister of Finance in his Budget, as shown in his own Report, is broken. There is no growth as expected. This means that there will be less employment, there will be less development, etc. We have mentioned several times in the House, and Sir, even you have raised that the economic situation is very serious. Every day, I look at the news to know as to what is the situation today. I just read that the Sensex is up by 488 points; the rupee gains 138 paise to Rs.65.69 against the dollar in the early trade. There has been improvement. Why? It is so because yesterday a new Reserve Bank Governor has been appointed. He has said that he would give emphasis on reviving growth rather than controlling inflation. He has said that henceforth the Reserve Bank’s permission would not be needed to open new branches. He has said that he would try to improve the rupee. Now, our new RBI Governor is a favourite with the Americans. He was a Professor in the Chicago University’s School of Business.
Now, there are two things that I want to mention. Our new RBI Governor was a distinguished Professor, a very distinguished academic. But this same Chicago University has the reputation of advising the American Government wrongly which led to the 2008 crisis in America. Yes, Dr. Raghuram Rajan. He was a distinguished Professor. He was one of those who advised the American Government which led to the crisis in 2008. This is a matter of record. Again I want to mention one thing.
Sir, I have great respect for Shri Jaipal Reddy. I had worked under him in the Ministry. He keeps news of what happens. But I am again referring to a fact. I did not refer to the new RBI Governor by name. I said that he was a distinguished Professor at the School of Business in the Chicago University. The same Chicago University Group advised the American Government and that led to the crisis in America in 2008. I did not say Dr. Raghuram Rajan advised. I am within my right to say that. Sir, again, let us see what else news is there.
I am coming to the point. Yesterday, the RBI Governor has announced measures to strengthen monetary policies and to open new bank branches. I am again saying that the economy is in a shambles. The economy is in a mess. The promised fiscal deficit of 4.8 per cent will not be kept and the promised Current Account Deficit of 4.9 per cent will not be kept. The rupee is in a free fall. People are predicting it.
Sir, let me speak a little more. I seek your indulgence. I have not completed my speech. Due to the free fall, the rupee is expected to reach Rs.72 per dollar in a few days. Where will the people go?
Now, I would just mention a few points and then wind up. Please give me two more minutes. The Government is sending confusing signals on the economy. On the one hand, they are saying: “We have opened up all sectors to FDI. FDI inflow will reduce the Current Account Deficit.” They are further saying this. Shri Chidambaram said in this House on that day: “We are removing all controls.“
The answer to present economic mess is not less reforms but more reforms. Yesterday, he has passed a Bill for pension reforms. Tomorrow, he is slated to pass a Bill on SEBI reforms. So, on the one hand, you are showing that you want total freedom for corporate, for foreign corporates to come into India. Now, what are the corporates saying about the Government? Just the reverse – the same Government speaking in two voices. You must listen to this. It is very interesting. They want to attract the corporates but corporates, including Shri Ratan Tata, including Shri Rahul Bajaj are saying that Food Subsidy Bill would add to the fiscal deficit. Which line are you following? On the one hand, you are giving all licenses to corporates and bringing in FDI.
After the Food Security Bill, we are very interested in knowing about what ratings we receive in America. What have Moody said? Moodi in the financial rating companies has given a statement saying that this Food Security Bill will add to the fiscal deficit. So, what are you trying to achieve? More growth, less inflation or election-oriented, subsidy-oriented projects. That is not happening. Growth has become stunted.
As early as August 30, 2013, Food Bill will worsen economic woes, says Moody. Measures will raise Government’s spending on food subsidies to 1.2 per cent of GDP per year from the estimated 0.8 per cent currently. To which side the Government is moving? What do they want to achieve? What does CII President say? He said, such a large outlay at this point of time would definitely have a negative impact on the fiscal deficit. So, the whole corporate India is against your step and you are trying to make them happy. What do you mean by “happy”, Sir?
Last year, how did Mr. Chidambaram contain the fiscal deficit? He cut Plan expenditure by Rs.93,000 crore. You will agree that in a developing country, in a poor country, basically to develop the economy, you will have to increase Plan expenditure, which will mean more roads, more schools, more colleges, more infrastructural projects. But we are cutting Plan expenditure and saying that our fiscal deficit should be controlled. As a result, the whole country is in a genuine crisis. I do not know when this crisis will blow over but I may say that I am receiving only confusing signals from the Government. Why prices rise? Onion price goes through the roof. Gas price is raised. Diesel price is raised. The price of cooking gas will be raised by Rs.50. the price of aviation turbine fuel will be raised. What are we aiming at? The Government must state clearly.
Mr. Chidambaram has not fulfilled the promises and the economy is at its lowest pace. In four years, in the first quarter of this year, it was at 4.4 per cent. This is the situation, Sir. Country is in an economic mess and it has not come out of it. This Supplementary Budget is a chicken feed – Rs.14 lakh crore is your expenditure – and it is only for Rs.7,400 crore. But it will have no impact on the economy of the poor.

Ratna De Nag speaks on the contribution of teachers in our lives
Madam, today is an important day for each one of us. Today is Teachers’ Day, 5th September, the birth day of Dr. Sarvepalli Radhakrishnan, former President of India. On this day we all recall and appreciate the efforts put in by teachers in different walks of our life. This is also a day to honour the teachers for their special contributions in our life.
It is their hard work, as educators, which helped us to come this far and achieve whatever we had achieved so far. We may call them as gurus, masters, sirs and madams.
As someone once put it, when life wanted to bless you, it gave you a teacher. I think, this conveys it all. Teachers grow on us. Initially we may not take them seriously. Over a period of time, we start understanding the efforts and contribution of teachers. Teachers are national builders. Teachers are character builders. Their role is divine in nature. Their devotion is unparallel. Teachers are like candle, which consumes itself to show us the path.
This is an occasion to salute teaches. Our growing up years have always been guided invariably by teachers. Teachers help us to touch the sky. Their hard work and dedication are the tools which had helped us to not only dream but also to fulfil those dreams.
Hence, I would like to quote Don Rather: “The dream begins with a teacher who believes in you, who tugs and pushes and leads you to the next plateau, sometimes poking you with a sharp stick called truth.”
Teachers kindle our imagination and help us to dream. Today is the day to remember all those teaches who have contributed to our growth, well being and good life.
I, for one, remember still the guidance I got from my teachers right from school days. I consider teachers as important people, after one’s parents, to chalk out our destinations. This is amply brought out by Henry Brooks Adams, who once said that a teacher affects eternity, he can never tell where his influence stops.
By being in touch with teachers, you are only going to be enriched with their wisdom. In turn, teachers would be overwhelmed by the touching presence of occasional talk over phone or e-mail.
Let us all strive to renew our relationship with our teachers on this important day called, Teachers Day. Most of us vividly recall the fulfilling stint as students in the midst of our teachers. Mere remembrance overwhelms us and makes us ecstatic.
Many careers have been made with the help of teachers. Today is an auspicious and solemn occasion to come out and say thanks to our teachers who have painstakingly helped us to strike harder to achieve success. The teacher’s profession being the noblest profession helped each one of us to scale new heights in life. The lessons teachers taught us have stood the test of time and they are here with us forever. Teachers made all the difference in our lives. We owe everything to them. We cannot repay them enough in our lifetime. God bless them.

CM confers Siksha Ratna award to teachers on Teachers` Day
Derek O’Brien speaks on Land Acquisition Bill, 2013
Mr. Vice-Chairman, Sir, the expression ‘Ides of March’ has come down to us from William Shakespeare in Julius Caesar. But for me, Sir, the ‘Ides of March’ is actually March 14, one day before March 15, 2007 because as a metaphor for a ruling order that had decayed beyond redemption and began to treat its citizens as subjects – in fact, began to treat its citizens like slaves – just like the Roman Generals would take them captive. Sir, of course, my reference to March 14, 2007 is to the firing on innocent householders and farmers in Nandigram. A massacre that shook the conscience of our State.
Sir, I am talking about the biggest land movement in this country. Sir, I was talking about Caesar, but they are also the Communist Caesars of Bengal. So, what to do? Sir, this was the most brutal and dramatic evidence that the land acquisition system in our country, at that time, from 1894, has been rotten. It needed to be rescued from self-serving brokers and agents such as those who live in the headquarters on Alimuddin Street in Kolkata.
March 14 was the day when our existing land acquisition model became not just untenable, but it also became a curse. That was the day, our leader, Mamatadi of Trinamool Congress, who was in the forefront of a three-decade struggle, resolved to go on a 26-day hunger strike to protest against the rape of a young girl in Singur and for so many people who died in these movements by bullets sponsored by the same people who are making so much of a noise today. The Bill which we are debating today is a small step towards securing justice for the victims of the terror in Nandigram. Before I speak further, I would like to salute those.
Sir, the same people who are standing up today have converted the land grab into a pseudo scientific practice. The Trinamool Congress Party was the first party to articulate a policy for land acquisition. In 2006. I understand, Sir, sometimes the truth hurts. Let me finish my speech. Because the Trinamool Congress Party saw the absence of a well-defined modern land mechanism. That is why, Sir, the issue here is not just about who should buy the land, whether the State should buy, or, whether the industry should buy. There is a broader context to it; and there are three parts of this broader context. (a) Protecting farmers’ rights; (b) concerns of food security; (c) finding that talent between agriculture and industry to flower together.
Sir, the Trinamool Congress Party’s policy is based on what is known as the doctrine of eminent domain. What is the doctrine of eminent domain? When the State recognises the private party, the private owner becomes the absolute title holder of that property. The State still remains prior bound holder of that property. That is why we understand and appreciate that a piece of land for any public purpose, be it a bridge or whatever can be acquired by the State. The Minister from 2009 ran the marathon but somehow we feel strongly stopped half way through because in this Bill we have some serious issues; and I will just touch three or four very serious ssues. First, no forcible acquisition of land at any cost. No, no, no. Second, you are talking about 80 per cent farming families who have agreed, 70 per cent for public purpose who have agreed, our view on this is the same just as what it was right through the land movement, no 80:20, no 70:30, it is 100. Someone has to speak up in front of the farmer. There are lots of people who are making speeches here about how good this Bill is, how it could be improved. This is the very basic issue that we have, 80:20 no, 70:30 no, it has to be 100:0. No multi-crop land, because multicrop land is an asset.
Sir, when they are talking about acquiring the land, industry, of course, needs to acquire land. Industry acquires labour. Industry acquires products. Industry acquires other inputs. In none of these acquired by the industry, does the Government interfere. So, why does the Government need to interfere for the purchase of this land? Now, I know, when I say this, that there will be concerns whether farmers have necessary skills. Do farmers have necessary skills to negotiate directly with corporate buyers, or, with the Government? We believe, Sir, they do with little help, with little guidance. Of course, they do. Overall we believe, we should trust the sagacity of the Indian farmer. He knows what the best is for him. He knows what the best for India is. In all humility, Sir, the Trinamool Congress Party knows what the best is for the Indian farmer. We will not compromise on this. We also know how to strike a balance between the industry and agriculture. Not one at the cost of the other.
This Bill, overall, is better than what it was for the farmer three, four and five years ago. But this Bill is not good for the farmer. This Bill is not good for the conscience of the industry. This Bill is not good for the nation. We do not support this Bill. We have made a speech. Our button also will reflect that after we finish this debate. Thank you, Sir. I have finished my speech on time because our second speaker is one of the most qualified eminent people from the world of land reforms, Mr. D. Bandyopadhyay. I have also noticed that there are many people here who will come and speak on a variety of subjects. I am also looking forward to someone else here in the front Benches who will speak on the same subject on land reforms. Thank you, Sir.
Derek O’Brien speaks on the clarification by PM on missing coal files
Sir, I am not sure whether this is actually 4.26 p.m. on Wednesday or whether it is 12.38 p.m. on Tuesday. Because the same five MPs had got up, including me, and asked the same seven questions. But I will add two questions to that.
The similarity between yesterday and today is that yesterday we got no answers.
So, I am wondering whether I should conserve energy and not ask the two questions because in any case I won’t get the answers. Same questions I asked yesterday. Hon. Prime Minister on the floor of this House said that ‘He is not the custodian of those files.’ Pray, may I ask very humbly then who is the custodian of those files? This simple question I asked yesterday. Two, whether files go missing or they are made to go missing, there is a timeline maintained of the files till they were not ’missing’, can he present the timeline of those files when they were in custody? These are the two questions.

Saugata Roy speaks on Uttarakhand natural disaster
Sir, I rise to speak on the disaster that took place in Uttarakhand in the month of June. You are a representative of those areas and your speech was anguished today and I felt that the pain of the people is reflected. Maharani of Tehri Garhwal is also here. She represents those people, particularly Chamoli, Uttarkashi and Pithoragarh. All these districts are affected. The main two dhams, Kedarnath and Badrinath were severely affected.
Today we have three things to do. It is almost three months or two-and-ahalf months since the disaster took place. One should really ponder over the causes of the disaster because it was a wake up call. Geologists and everybody knows that Himalayas are a seismically and ecologically sensitive zone and it is based on tectonic plates, which rest on one another. So, earthquakes and landslides can take place at any time.
But what have we done? Experts say that massive deforestation, violation of all construction norms in hydro power projects, of which there are 336 operational hydro power projects in Uttarakhand, and complete absence of disaster management plans led to the massive scale of destruction in the Himalayas. Also, there is human greed where we lived on the course of the rivers where in a State of one crore people, there are 2.5 crore pilgrims. This total thing needs to be looked into and there should be controlled access of people to places of pilgrimage and tourism. Like for Mansarovar, every year the Government regulates the number of pilgrims. There should be also some control on the entry of pilgrims. All of them go with pious wishes but they cannot violate the ecological norms.
The scale of devastation is massive. In a reply to a Parliament Question given on 6th August, it has been stated that the number of human lives lost is 540; number of missing persons is 5474; number of houses damaged 4726; and number of persons rescued to safer places 108000.
Now, the main thing is that two institutions were found lacking. One was the Uttarakhand Government which did not have a disaster management programme in place. The second organization which failed was the NDMA, National Disaster Management Authority, headed by the Prime Minister. It was found that it had no immediate response to the whole problem. Had it not been for our Armed Forces and Para-Military Forces, the disaster would have been total, and I give my salute to the members of the Armed Forces who risked their lives. You know that in an helicopter accident, so many IAF personnel were killed. I pay my tribute to them. The best performance was by the IAF which deployed 45 helicopters and rescued 23775 persons. They are the best. The NDRF, National Disaster Response Force, rescued 9500 people.
ITBP, Indo-Tibetan Border Police, which patrols the Indo-China Border in Maharani’s constituency, rescued 33,000 persons. The Indian Army deployed 8000 personnel and 12 Army helicopters. They evacuated about 12,000 persons. Nehru Institute of Mountaineering, Uttarkashi formed five rescue teams, one of which was headed by Bachendri Pal, the Everester, and they rescued 6,500 persons. If it was not for these specialised organizations, the disaster would have been more massive.
Sir, the other point I want to make is that the Prime Minister, after his aerial survey, sanctioned Rs.1,000 crores for the relief and rehabilitation work. The kith of each dead person was given an amount of Rs.5 lakh. It seems that they have accepted the recommendation that those missing persons, who are registered missing, their families will also get Rs.5 lakh, which is a good thing.
Now a massive reconstruction exercise should be started. But, it does not mean that immediately you allow all the hotels and big houses which were built on the site of Alaknanda and Mandakini, should be allowed. Very carefully, the Uttarakhand Government should now control new construction and a proper attention should be paid on it. I think, Sir, the at national level, a conference should be called with top geologists in the world, who should discuss as to what the way should be to maintain the sensitive zone of Uttarakhand. It is absolutely necessary. It is a national disaster. These are the holiest places for Hindus. Therefore, it is necessary to preserve them as well as the nature and the lives and security of the Uttarakhand people.
Sir, I shall conclude by saying that you asked the hon. Members of Parliament to contribute money from their MPLAD funds for this cause. I can humbly state that I contributed Rs.20 lakh from my MPLAD fund for Uttarakhand reconstruction and Rs.1 lakh to the Prime Minister Relief Fund from my own income. But, only 223 MPs have come forward. Through you, Sir, I appeal to all MPs – there are 800 MPs and odd – that they should contribute at least Rs.10 lakh for relief and rehabilitation work. An amount of Rs.50 lakh by each MP from his MPLAD fund is allowed. They should at least contribute Rs.10 lakhs for this purpose. Only 223 MPs have come forward for this, which I find very little. We should all unite to rehabilitate the Uttarakhand people. And, I hope, Sir, before long under your stewardship, Uttarakhand finds back its normal life. Their cattle – you were mentioning even mules – died because they could not get food. All these people who have lost cattle, who have lost mules, should be rehabilitated and normal life should start again in Uttarakhand. We should learn from the mistakes of the past. Our human greed should not destroy the Himalayas rather a considerate approach towards rebuilding of the Himalayas should be started.