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Kailash Chandra's Transcription No - 358 (Parliamentry Speeches)

created Tuesday January 06, 08:21 by vinayxrao


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Sir, this is a very simple measure. On 23rd March, 2000, as the House is aware, there was a Proclamation by the President and accordingly, the President took over the administration of the State, l and as the House is also aware, the legislature was dissolved. According to the Constitution, the power of legislation naturally vests in Parliament, unless Parliament delegates that power to the President. Article 357 of the Constitution enables Parliament to confer the powers of legislation on the President and, therefore, this Bill has been brought forward for the purpose of giving to the President the power of making laws for that State. It has been found necessary that this power should be conferred on the President, because there has been considerable congestion of work before both the Houses of Parliament, while so far as the work of legislation before the Kerala Legislature was concerned, there was very heavy work there. In fact, as many as 23 Bills were pending before the Kerala Legislature when it was dissolved.  
I may point out to the House that there were as many as 16 official Bills and seven non-official Bills. Out of these 16 bills, in respect of five, the Select Committee has submitted its Report in the Legislature; in respect of nine Bills, the matter was pending with the Select Committee and the remaining two Bills had been taken up for consideration, but before they became law, the Legislature was dissolved. So far as the non-official Bills were concerned, three Bills were pending with the Select Committee and four Bills had been introduced before the dissolution of the Kerala Legislature. Out of these Bills, there are certain which have to be immediately legislated, because they are of considerable importance. We have received advice that, so far as two Bills are concerned, they are of a very urgent nature and they are the Kerala Irrigation Bill and the Kerala State Aid to Industries (Amendment) Bill. Both of these have to be attended to immediately. There are also four land reforms Bills and the Government of India will have to consider to what extent the provisions of these Bills have to be taken up. Certain rights are to be conferred on certain classes of persons and the sooner these questions are considered, the better.
As I already stated, there has been congestion or over-congestion of work before both the Houses of Parliament and when the bill was drafted, two important considerations were taken into account. So far as President-made laws in States were concerned, what the President had to do was to consult an advisory committee. So far as this committee was concerned, originally, the idea was that the Members ought to be ten from the other House and five from this House, but it was found that hon. Members from Kerala were much more than this number. It was also felt advisable that on this advisory committee, there ought to be Members from other parts of India as well as those members who would take interest in matters relating to legislation in Kerala. Therefore, the Government accepted an hon. Member's view in the other House and the strength has been increase from 10 to 14 so far as the other House is concerned, and from 5 to 7 so far as this House is concerned. The total number of Members from Kerala in both the Houses is 12 plus 6. It is possible, therefore, to appoint some other Members also, and this power has been given to the Speaker in the other House and to the Chairman in this House. Therefore, you will find that we shall have an advisory committee of 21 hon. Members of both Houses of Parliament, who will be ordinarily consulted, except when the matter is of a very urgent nature calling upon the President to make a law absolutely immediately. So, barring such instances, which may not be many, ordinarily you will find the President will consult the advisory committee, before he undertakes the work of making laws for the State. This is one safeguard according to which the wishes of the hon. Members on this committee will be taken into account. Secondly, there is another safeguard that has been introduced. After the President has made the laws, copies of such enactments will have to be placed on the Table of both the Houses of Parliament, and thereafter, it would be open to the Parliament, to consider them and suggest any amendments. If, for example, one House suggests certain amendments and then those amendments are accepted by the other House, then naturally it is incumbent on the President to issue another Ordinance, accepting the modifications or the amendments suggested jointly by both Houses of Parliament is to be armed with legislative powers, these safeguards have been purposely introduced.
 

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