RAJYA SABHA
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*SYNOPSIS OF DEBATE
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(Proceedings other than Questions and Answers)
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Friday, September 7, 2007/Bhadrapada 16, 1929 (Saka)
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GOVERNMENT BILL-INTRODUCED
THE RAJIV GANDHI INSTITUTE OF PETROLEUM TECHNOLOGY BILL, 2007
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THE CARRIAGE BY ROAD BILL, 2005
THE MINISTER OF SHIPPING, ROAD TRANSPORT AND HIGHWAYS (SHRI T. R. BAALU), I move:
“That the Bill further to provide for the regulation of common carriers, limiting their liability and declaration of value of goods delivered to them to determine their liability for loss of, or damage to, such goods occasioned by the negligence or criminal acts of themselves, their servants or agents and for matters connected therewith or incidental thereto, be taken into consideration.”
The motion for consideration of the Bill was adopted.
Clauses etc. were adopted.
The Bill, as amended, was passed.
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STATEMENT BY MINISTER
SELECTION OF MINISTRY OF PARLIAMENTARY AFFAIRS FOR INDIRA GANDHI OFFICIAL LANGUAGE AWARD FOR 2005-06
THE MINSTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS (SHRI SURESH PACHOURI): I am happy to announce in the House that the Ministry of Parliamentary Affairs has been selected for First Prize among the Indira Gandhi Official Language Awards for the year 2005-06. Previously, in the year 2000-01 also, this Ministry had secured first position for the same Award. The Ministry of Parliamentary Affairs, in spite of being a small Ministry, always remains ahead in making efforts for the implementation of the Official Language policy of the Government of India and in a doing maximum work in Hindi.
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I. The Farmers (Old Age Pension and Removal of Indebtedness) Bill, 2007
II. The Orphan, Exploited and Underprivileged Street Children (Care, Protection and Welfare) Bill, 2007
III. The Dalit and Tribal Girl Child (Special Educational Facilities and Welfare) Bill, 2007
IV. The working Women (Protection, Basic Facilities and Welfare) Bill, 2007
V. The Constitution (Amendment) Bill, 2007 (Insertion of New Article 16A and Substitution of New Article for Article 41)
VI. The Constitution (Amendment) Bill, 2007 (Insertion of New Article 21B)
VII. The Constitution (Amendment) Bill, 2007 (Insertion of New Article 16A)
VIII. The Youth Welfare Bill, 2007
IX. The Destitute, Abandoned and Neglected Widows and Old Women (Welfare and Rehabilitation) Bill, 2007
X. The School Education (Removal of Disparities between Government and Private Schools through Uniform System and Syllabus) Bill, 2007
XI. The Small Family Bill, 2007
XII. The Presidential and Vice-Presidential Elections (Amendment) Bill, 2007
XIV. The General Clauses (Amendment) Bill, 2007
XV. The Constitutional (Amendment) Bill, 2007 (Amendment of Article 15)
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THE COMPULSORY VOTING AND PROHIBITION OF PRE-POLL SURVEY AND EXIT POLL OF ELECTION BILL, 2004- Contd.
DR. M. S. GILL : I oppose the Bill. I had been a former Chief Election Commissioner. The very fundamental basic order of 20th January, 1998 is my order as CEC. The last Government did not advance the electoral reforms for 6 years and the present Government is also passive for more than 3 years on this issue.
In this Bill, two things have been stated. The first is that people of upper middle class think that there should be a compulsory voting. Examples are given that a few countries in the world are trying to do it. They think that every citizen should vote, it is his duty as a citizen. But only Australia, an advanced country, extremely rich with small population is actually implementing it. The large countries of democracy in the world like England, France, Germany, America, Canada do not have this law. We don't have it. I think this is not something to be focused on. I had said this as CEC that before you go in for compulsory voting for citizens, I would like to ask that there should be compulsory food, compulsory shelter, compulsory education and compulsory health for the citizens. And you have not done that. No Government in this country has done this in the last sixty years and you may not be able to do it in another 100 years. I am not in the favour of compulsory voting. People are already depressed. Do not increase their miseries. But persuade them for voluntary voting through Doordarson, Private T. V. Channels and advertisements etc.
The second thing I want to say is about the question of opinion polls and exist polls just before elections and during elections. Now, elections are being held in 7 phases, and result of exit polls are being announced even during election. It is wrong and a violation of law. When I was CEC, I blocked it for a while. After some time in one election the decision of the Election Commission was challenged in a High Court and the case is pending since then in the Supreme Court without a decision. My order of 20th January, 1998 was casually put away.
Almost all the parities oppose the exist polls. In this regard even in the Amendment Act of 1996 it is mentioned that 'No person shall convene, hold, attend, or, address meetings, display to the public any election material, propagate any election matter in any polling area during the 48 hours before'. The Press Council also supported our view point. It said that no newspaper shall publish Exit Poll surveys, whether genuine or not, till the last phase of the poll is over.
I call upon all the political parties to sit together, think about it and correct this; otherwise, you are not having a fair election. This is what I asked the political parties to think about it. So, what I would like to say is that this matter should be taken up. They should try to get it resolved quickly. But I don't know why they are not doing it. I believe we need it to have fair elections. Mr. Krishna Kant used to say that we must change the system. This would bring a major social change in India's politics and the thinking of voters and the thinking of the political parties. I need not say anything more. I had said when I retired, that in the next General Election, India will vote electronically, an electronic card in hand and an electronic machine in the booth. Now everybody is satisfied. Therefore, that machine technology has given half the reforms.
But there is another reform, which I have been fighting for since 1998. I am talking only of State Election. Now, my formula is very simple that the moment the Commission declares elections, the State Cabinet should go. Automatically, there should be Governor's rule. You don't need Parliamentary approval. Then you will have a calm election in whichever State you think has violence. I won't name any body. I have nothing more to say.
SHRI AMAR SINGH: I would like to congratulate my dear friend Shri V. Narayanasamy heartily who has tried to raise a very meaningful issue in this House. Our democracy is one of the biggest democracy in the world. It is true that after the Elections, some results do not reflect the mandate and feelings of the people. In some states such as Jammu and Kashmir, the polling takes place very partially and even then, the Governments are formed there. The journalists play the role of 'opinion builders' and are getting the big leaders elected or defeated in elections. It means the great tradition of democracy has become like a part of some trade. This issue relates to the whole political system. All of us are aggrieved with this. It is true and necessary that there should be control on the channels to streameline the election system. It requires radical changes. The Officers, who are sitting at the top level, should not have any type of political affiliation. They should always maintain their neutrality.
It is also necessary that the persons who are not neutral, should not be appointed on higher posts. But we must care that these officers should have attachment with law and justice. Only then we will be able to improve the election procedure by neutrality. I support it.
SHRI MATILAL SARKAR: I thank my esteemed friend Shri V. Narayanasamy because he has given me a good chance to speak on the current election scenario in the country.
First of all, I must mention that I happen to come from a State, Tripura, where polling is very high. Whether it is Panchayat election or Assembly elections or Lok Sabha elections, 70 to 80 per cent is generally the percentage of voting in our State. In some cases, it exceeds 80 per cent and in some polling booths, it goes up to 95 per cent. At least, for my State, I do not find necessity of any law like this. We must think as to why people are not interested in casting votes? You cannot compel anybody to do what he does not like to do. We should find out the reasons as to why a section of people in every election don't like to come to the polling booth. There are reasons. When the Government is formed, in many cases, they find that something which deserves to be done for them, is not done. So, that is why, a section is frustrated and they are thinking that whether this Parliamentary democracy will serve our purpose. We see that sections of the youth, though may be very small, have taken to arms. They are averse to Parliamentary democracy. We do not support them. But, our present system cannot compel them. They cannot come to the polling booth, though their names are there in the electoral rolls.
All over the country, a good number of voters are influenced by the money power and muscle power. To defeat a candidate, lot of votes are even declared invalid.
By merely compelling the voter, these vices cannot be wiped out. The election is rigged. Many times it is found that the votes of the genuine voters have been caste by others. So, there is no use of compelling the voters to caste their votes. It is better that election reforms should be made so that all these vices can be sorted out.
The Exit Poll influences the voters. An individual’s opinion will come in the form of Exit Poll. That opinion is put before the honest voters. So, ‘Exit Polls’ should not be there before the polling is over. Exit Poll is making ‘impossible’ possible and ‘possible’ impossible. Such poll befools the honest voters. That should be stopped.
I want to know about the status of delimitation work in the whole country. The course of delimitation work is taken in hand, but it is not being carried on uptil now. This has to be looked into.
SHRI MANGANI LAL MANDAL: This Private Member Bill contains two major points. One is compulsory voting and the other is prohibition of poll survey and exit poll of elections. In our democracy poor people are prevented from casting their votes and the rich people, who having control over media, ridicule elections. Money power and muscle power affect elections. But, it is the duty of the Election Commission to conduct free and fair elections.
Finance Minster has said that PAN card would be made a valid document for various purposes. But, introduction of election card is a very good initiative of Election Commission because the number of PAN Card holders is very less in the country. Certainly, election card puts a brake on various malpractices. So, election card must be made compulsory for all persons. When voter identity-card will be made compulsory for every work in place of PAN card, it will be a sort of guarantee of citizenship for the voter concerned. To caste vote would be his first duty as per that citizenship card.
Another important point is that Judiciary should be impartial Judiciary is essential for the success of democracy. But Judiciary has its own cadre and mechanism. The Election Commission is a constitutional body. It is expected from it that it would hold free and fair election. The article 327 of the constitution has entrusted to the Commission the responsibility of superintendence, direction and control of elections. The Commission should have its own cadre and mechanism to discharge these responsibilities properly. With this, it will not have to depend on the cadres of the officers of the centre and the States. By doing so, the task of electoral reforms will be complete. The Election Commission will ensure this as well that every Political Party maintains internal democracy and the voter-list is not tampered with. Hence, the Bill for compulsory election brought by Narayanasamiji, is very good. People’s participation in voting process through which Government in formed, should be made compulsory.
Education is good, but the educated people of this country are more influenced by casteim. The uneducated people go first to the booths to caste their votes but the educated and prosperous ones feel insulted in standing in queue on the booths for casting their votes. Therefore, the training of democracy should be imparted to the common people. The task of imparting training about democracy and democratic process should be entrusted to the Election Commission.
The Exit Poll and Assessment of voters view should be banned. These may not affect the elections directly, but the impartiality of election does definitely get affected.
This Bill should also contain the provision as to how the incidents of booth- capturing are stopped because the hooliganism, muscle power and money power don’t have any place in democracy. I support this Bill.
SHRI SHREEGOPAL VYAS: Every one has freedom for independent thinking and undertaking work of his choice. It should be viewed as to why the people don’t caste their votes. It should also be considered that the Government are performing as per aspirations of the people or not. If the Government don’t perform properly, the people may think as to why they should participate in the process of formation of the Government. This is correct that everybody should caste vote. But after 60 years of Independence, if we make the provision of compulsory polling, imposing penalty or sending the voter to Jail, it will not be a good example.
Then Shri Jai Prakash Narainji had to say that we have a right to call back such a Government. After Emergency, people had voted suo-moto on a large scale. People, who are sitting in the Government, should set an example in this regard. Is it a country of Mahatma Gandhi and Jai Prakash Narain where voting should be made compulsory? In our country, people do their duty on their own inspiration. To what extent the Government is following the duties for State enshrined in the Constitution?
You are constituting Committee in which Members of Opposition parties are not being included. It is a matter of grave concern. No doubt, it is an important Bill, which is related to the Election. In our own country we cannot take the name of Lord Ram. We cannot say that we are Hindus. I can say all these things proudly. I believe in Ramayan and Ram Raj. If the State does not fulfil the aspirations of the common people, then it creates a feeling of aversion in people towards voting. We have to create such circumstances where everybody feels free to cast his vote according to his own wish. We should improve our conduct to convince people that the people in power care for the interests of the people. If the word 'compulsory' is not there, then I would like everybody to come forward to cast his vote as a duty.
SHRI TARLOCHAN SINGH : I appreciate Shri V. Narayanasamy for bringing Private Member Bill on such an important issue. I think that compulsory voting is a difficult thing. In 1993 when election was conducted in Punjab, there was 5-8 per cent polling and candidate was declared successful. It was a mockery of democracy. There is a rule of compulsory voting in Australia. Whosoever violates this rule, is penalized. All political parties can meet together and adopt a Code of Conduct so that percentage of voting may be increased. We should be proud if there is 85-90 per cent voting in the country. Only then we can think that the people of India believe in democracy and they take part in voting. 35-40 per cent voting cannot be considered as a majority decision. Either Government or Election Commission should convene a meeting of all parties for this purpose.
At local level, Sarpanches of Panchayats or Municipal Councillors should be entrusted the work of mobilizing people to ensure higher voting. Political survey by Media, Exit Poll, Opinion Poll etc. should be banned. By conducting such survey, media has proved itself wrong. These surveys are not correct at all. They are dividing the society on caste and religion basis. A new trend has developed with regard to advertisement. There has been such a high tendency towards such surveys and opinion polls that it has posed a very big danger to the democracy. A new system of corruption called purchase of newspaper pages has started. Such tendency is not good for democracy and media.
Private Members' Bill are piling up. There should be a mechanism or system so that all other important Bills should be discussed. These Bills are not being taken up for years together due to shortage of time. I support this Bill.
SHRI SHANTARAM LAXAMAN NAIK: While supporting the Bill moved by Shri V. Narayanasamy, in principal, I would like to state that this Bill, as it is, is not viable in the sense that if at all the concept of Shri V. Narayanasamy has to be realized, then, an amendment to the Constitution has to be proposed. Secondly, amendment to the Representation of People's Act, 1951 has also to be proposed.
There should be compulsory voting. Fines will have to be imposed in this regard. Only then, this concept of compulsory voting will come to reality. Many people work in Gulf countries. They come after one or two years. The Election Commission ordered the names of all these voters to be deleted.
In the interest of democracy, in the interest of this section of the people, a Bill to give voting right to these people should be brought forward for consideration and passing as early as possible. It is the weaker sections of the society which go to polling booths to cast their votes. The elite class in the urban areas do not go to cast their votes. Due to this reason also, voting has to be made compulsory.
If the systems of proportional representation continues, even if a person gets five or ten per cent of the votes polled, he can become a MLA or MP. Therefore, keeping in mind this kind of voting pattern, we have to introduce the French system or a system, as Dr. Gill has said, in which only if a person gets 50+1 votes, he will be elected to the Parliament or the Assembly.
The concept of EPIC card, the electronic voting card was introduced as early as in the Election Law of 1951. The credit goes to Mr. Seshan for implementing it. Now, an attempt is being made to see that in all constituencies, the maximum number of people are issued election cards. But, there is absolutely no need for the Election Commission to give false statement that EPIC Cards would be compulsory for voting for the election. They know it very well that they cannot make it compulsory. So, many people who don't have the EPIC Cards don't go to the polls. Those who have been issued an EPIC Card, they are not entitled to use the alternate documents. 72 countries are truly enforcing compulsory voting.
As far as voting is concerned, there is a voting mafia and land mafia at many places. They control the number of votes. They can change the entire scenario. Where real money power is involved, the Election Commission cannot do anything.
The expenditure observers of Election Commission don't go along with policemen in constituencies to see at night time whether distribution of money is taking place or not. If you want to curtail expenditure, you have to act like a policeman. During earlier times, cine artists were not contesting election. Nowadays, actors of TV serials like Sita was fielded as candidate. She got votes without any social service. Therefore, tendency is that all political parties are fielding such candidates. During the intervening period of election, social associations and NGOs should train and educate voters how to vote because political parties have got their own interests.
I come to the aspect of pre-poll, exit poll, etc, This is like violating the provisions of the Constitution which speaks of secrecy of voting. As Dr. M.S. Gill has said, law is also there but we are not implementing the provisions relating to exit polls because we would not like to antagonize the powerful electronic media today. We have to make the electronic media aware of their duties under the Constitution of India, the duties for safeguarding the interest of the democracy of this country. It also amounts to electoral offence because it amounts to casting undue influence on the voters.
Under the guise of the power of superintendence of election under article 324, laws have been made by the Election Commission for the last ten years. If the Government or the Minister wants to bring a Bill to enact a law, it takes about one to two years. But for the Election Commission, to 'create' a law, it takes one hour. Recognition of political parties should have been the subject matter under the Parliamentary law. But today it is there in the Election Commission's order. The Election Commission decides the matter of the split in the political parties, the De-recognition of political parties. Then comes the 'Code of Conduct'. If you put a poster or a banner at a wrong place, it is violation of Code of Conduct and, therefore, the consequence is the cancellation of registration of the particular political party. (Speech unfinished.)
Discussion not concluded.
YOGENDRA NARAIN,
Secretary-General.
ERRATA TO THE SYNOPSIS OF DEBATES,
DATED 5TH SEPTEMBER, 2007
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