33 ~=-Resl. re : Centre-State Relations—Contd. SHRI N. TOMBI SINGH: Kindly allow me to contioue Sir. MR. CHAIRMAN : All right. You may continue when we next take up this Bill, 15,30 hrs. RESOLUTION RE : CENTRE-STATE RELATIONS—Conrd. (English) MR. CHAIRMAN : we may now take up further discussion on the following Resolution moved by Shri H.M. Patel on the 18th March 1988 :- “This House expresses its deep concern over the present Centre-State relations and demands their carly restructuring so that federalism under- lying our Constitution is made more meaningful.” । Dr, Manoj Pande to continue his speech. He is not present in the House. Shri Jagatrakshakan may speak please. [Translation] कर, S. JAGATHRAKSHAKAN (Chingleput) : Hon, Chairman, Sir, I support the resolution on Centre-State rela- tions moved by the Hon. member Shri H.M. Patel. Sir, federalism is the hallmark of our Constitution. Our Constitution says that there shall be a Union of States. But only when one particular language or culture is imposed upon one set of people, they develop secessionist tendencies. Therefore, imposing unwanted things on people, this very Government sows the seeds of seces- sionism in the minds of people. Sir, ‘nation’ and ‘Nationalism’ are age- old ideas. The metamorphosis of these would continue for ages to come. It was —''rranslation of speech originally delié vered in Tamil. AUGUST 19, 1988 Resl. re: Centre-State 380 Relations—Contd. Mazzini in Italy who first gave ‘nationalism’ a distinct political delineation. In those days nationalism meant loyalty to the ru ler. Liboral ideas later crept in and ‘nationalism’ blossomed into a wider concept of ‘nation state’ in Europe in the 19th century sod in Asia in the present century. The federalism and the golden principle of maintaining ‘unity in diversity’ came to India very recently in the middle of this century. Ay. Sir, as far as Tamilians are concerned, they feel they are Tamilians first and Indians next. The broader feeling of being Indian, as it is of nascent origin, cannot shake off the pride of every Tamilian that he is a Tamilian first as it is ingrained in him since ages immemorial. The sprit of being a Tamilian is blended in his blood and fiesh that the recent nationalist idea of being Indian cannot either alienate or take pre- cedence to the former feeling of being a Tamilian. Sir, only when the Government tries to tame the Tamilians to sacrifice this in born spirit and pride of feeling that they are Tamilians first, we detest such moves and speak in secessionist topes. When the Constitution was framed, it was framed to be-a federal Constitution. Our Constitutional idealogies are based on those of the Constitutions of Canada, Australia and such other countries. Fede- ralism is working very well and is being preserved in those countries. We have restructured the Constitution by amending it 59 times so far, yet we could not get at its spirit and make it shine. Without the concept of federalism our Constitution would be merely a code of alphabets arranged in readable syallables. Article 356 isa spurious provision in the Constitution, There is no such parallel provision in any of the federal Constitution in the world. It is there only in oor Consti- tution. This provision is the Government’s trump card. They will misuse the same provision to keep an unpopular Government on saddle as they did in Meghalaya and misuse it again to deny an opportunity to forming a majority Government in Nagaland. This is an anti-democratic provision. This provision is there to serve as an handle for the Central Government to murder demo- cracy. This is not there in the Constitution 381.0 Resl. re 7 Centre-State Relations—Contd, to safeguard democracy and democratic institutions. This provision has been misued by this Government several times to topple and to get rid of unwanted State Govern- ments. History stand testimony to these sordid acts of this Government. Next is about the interference of the Central Government in the day-to-day administration of the State Governments. The Prime Minister Shri Rajiv Gandhi whenever visits a State meets the collectors and other district officials who owe alle- giance to the State Government without taking into confidence the Chief Minister concerned. This is nothing but an attempt to instigate the district officials to destabilise the State Governments which they ought to serve. People have already started to view with scepticism these moves of the Prime Minister. This Government has a duty to dispel such doubts. Now the Prime Minister has increased his visits to Tamil Nadu. We would welcome the Prime Minister at all times, if he visits the State ag Prime Minister. But he comes as the Congress President under the garb of Prime Minister, More than 73 crores are being spent on every such visit of the Prime Minister. But what is the benefit \o the State ? Nothing. Let us take a count of his visits since he became Prime Minister in 1985 and the number of his visits since the State came uader President’s rule. । am unable to understand the sudden spurt in the number of his visits to the State. I am unable to decipher the reason behind his sudden love for the people of Tamil Nadu. People also wonder and doubt the intentions of his visits. About the office of the Governors, Sir, Perarignar (the Enlightened) Anna re- peatedly appealed when he spoke in Parlia- ment that the institution as a whole has to be abolished. Even the very Congress party which is now heavily relying on the Governors for their cheap political game of toppling the State Governments, voiced vehemently against the office of the Gove- mors, The Congressmen, then, said tbat Governors were extra-constitutional authori- ties, their powers should be snatched and their Offices should be pbolished and all tbat. But SRAVANA 28, 1910 (SAKA) Resl.’re : Centre-State 382 Relatious-—-Contd. now the same Congressmen have vested in ‘in the Governors of free India more powers than the colonial Whites were kind to give them. This is the way the Congressmen are safeguarding democracy. This is the way the Congressmen are championing the cause of democracy. I would like to charge, Sir, that every Congressman has in his inner heart colonial attitude. That’s why these Congress- men send the Governors as_ plenipotentiaries to pull the carptts from under the Chief Ministers’ feet. Sir, the President of Indian Univn is elected by ballot. But the Governor is appointed, that too, appointed by the Central Government. If this Government believes in democracy, they must amend the Constitution so that Governors are elected by ballot as President of India. Had this Government been sincere in keeping cordial relations between the States and the Centre, tell, us, what this Govern- ment has done to solve the water problem in Tamil Nadu. Every year, they celebrated the Independence and Republic days. They stop with that. No concrete action follows. We have been appealing to this Government Ganga and Csuvery and thereby help to achieve unity and integrity among the people of North and South and also to solve the water problem in Tami}! Nadu. But our voices have fallen on deaf ears. Nothing has been done so far in this regard. Even if the Government had made a sincere effort to save money from wasteful expendi- ture on functions attended by the Prime Minister and otber dignataries । believe, it could have been frultfully utilized for the project. The same is the fate of Cauvery water dispute. No step has been taken so far in this direction. If this the situation, how could the Centre and the States go together ? This Government is apportioning finances to the State Governments, When there is a Congress Government in the State, they make a0 increased allocation. When there is an opposition Government in the State, they make inadequate allocations, In nutshell, financial allocations are being made to the States as per the whims and fancies of the Central Government. This discretion should 383 Resl. re : Centre-State Relations—Cantd. {Dr. 3. Jagathrakshakan] go. This isa matter of economic develop- ment of the Country as a whole. The terms and conditions, the ratio and other para- meters of financial allocation to each State by the Contre should, therefore, be unambi- guously specified in the Constitution itself, so that, whichever Government is there in the Centre or in the States, the duty of the Centre in this behalf becomes imperative and the parameters of such financial alloca- tions become invoilable. Yesterday, this House approved the Tami! Nadu budget. We hoped that in view of the Prime Minister's frequent visits to the State, there would be some new programmes. To our dismay, there was none. In Tamil Nadu the conditions of schools are far from satisfactory. Children sit in tree shade and receive education. Nothing has been done in the budget to improve the educational facilities. Now. they say that they wish cordial Centre-State relations. But what actually they do? In Tamil Nadu, the Governor’s tule is there. On TV and over radio, they eulogise the Governoi’s administration. Along with the media, the official machinery is also being misused. They tomtom the glory of the hollow Governor's administra- tion. If this blitzkrieg over radio and TV about the allezed efficacy of the Governor's administration is allowed to continue, I am sure p2ople will lose faith ia the democratic devices. Peonle will lost faith in elections. People will ‘ose faith in populat Govern- ments. This Goveroment toppled a Govern- ment in the State which commanded majo- rity. They said the Constitutional machinery had faited. They imposed the President’s tule in the State for 6 months. They could not restore the Constitutional machinery back into operation within those 6 months. Then they extended it further by another 6 months. Still they are unable to repair it back. Such a Government is unfit to rule this country. This Government has become a laughing stock before the people of Tamil Nadu. The Centre must strive to respect the regional feelings. They must strive to fulfill the regional aspirations. Persons sitting in AUGUST 19, 1988 Resl. re: Centre-State 30 Relations—Conid. Delhi. 2000 kms. away, cannot decide what the people in Tamil Nadu want. They must respect the views of the people hailing from the State on all matters including the langu- age issue. That’s why Peritagnar Anna suggested federalism in Centre and autonomy for the States, This Government tried to use Janguage asa device for unification of this country. This Government has miserably failed. Over the 40 years, all such attempts to impose one language, one culture etc. have been thwarted. This Government cannot achieve cordial Centre-State relations if it does not become accomodative and shed its craving to impose unwanted ideologies on the people belonging to one region. With these words, I support this resolution. 15.46 brs. THE MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI SONTOSH MOHAN DEV): Sir, at the very outset I am _ grateful to the Hon. Member who has move । this Resoluiion. He himself has got vast experience about administration both in the Centre and in the States, and the idea of bringing this Bill was noble and it ha3 given a chance to several members both from the Treasuty Benches and from: the Opposition to discuss various matters in connection with the Centre-State relations. Our Constitution is based on two very important institutional acrangements that is, parliamentary democracy and _ federal administrative structure. I hope acd I am sure all the members of this august House will certainly agree with me that after 4! years of indepeadence and 39 years of our Constitution, our Constitution has stood the test of the time and this august House on varidus occasions, as the Hon. Member who has spoken just now has said, to suit the need of the political, economic and soéial conditions has amended the Constitution. All these amendmeuts were made by this august House in order to suit the various needs of the various situations, or the various situ- ations that have arisen from our experience. The federal structure which our Consti- tution envisages is democratic in its operation 38 Resl. re : Centre-State ‘Relations—Contd. and aspects. And some of the crucial subjects which have agitated the minds of the Hon. Members have been raised through this debate. One was the appointment of the Governor, another was the role of the Governor. Some have raised the distribution of the financial resources of the Centre bet- ween the States and the Centre. Some have raised the three language formula. Some have also raised the introduction of Hindi in non-Hindi speaking States. Many members during the discussion have also brought forward the various re- commendations whicb have been made by the Sarkaria Commission and also the various mamoranda which have been given by different political parties and different governments before the Sarkaria Commis- sion. Many members, defending them in this House, have alsc brought those papers to this august House. at the time of the debate, । am happy to say that we have written letters to the Hon. Speaker ond the Chair- man of Rajya Sabha requesting to allot time to have a full fledged discussion on Sarkaria Commission. This would give further chance to the Hon. Members of this House to discuss the Centre State relations at length and also on the various recommendations which have been ruised today or in the past in connection with this particular debate. As । mentioned carslier, our federal Structure is quite unique to the extent that while Constitution provides maximum possible autonomy to the States, it places in the hands of the Centre adequate power to ensure the unity and integrity of a country like ours which is not only vast in its area but varied in terms of culture, language and topography. The Constitution strikes a fair balance between the Centre and the States by clearly defining the legislative and execu- tive powers for the Centre and the State and putting the residuary powers vested in the Union. In view of this position, this country is one of the biggest democracies in the world. It is true that on certain Occasions, certain matters have created some SRAVANA 28, 1910 (SAKA) Resl. re: Centre-State 36 Relations—Contd, misunderstanding between the State and the Centre, but our democracy is so strong and the Legislature and the Parliamentary demo- cracy is so cohesive, during the last fortyone years, we have been able to solve all the problems between the States and the Centre and never our Constitution has stood in the way. In view of the fact that there were certain grievances from the state, the Govern- ment has not hesitated to have a further look on the Centre State relations. Now the Sarkaria Commission has submitted its report. This was one of the reasons that the Government had appointed Sarkaria Com- mission to see witb the change of time, some other adjustments or some amendments or diverting some powers either to the Centre or to the State are necessary. As I said earlier its deliberation will come before thig House and I am sure during the deli- beration, the Members will be able to give their valuable suggestions. It has been the singular duty of the Centre to protect the States against external aggression communal disturbances and to ensure that the governance of the States is carried out in accordance with the provisions of the Constitution as defined under article 355. Article 356 has been questioned now and again and on this pretext, just now the Hon. Members bas mentioned certain things regarding Tamil Nadu about the visit of the Prime Minister and also why the Central Government has imposed President’s Rule in Tamil Nadu. Governor has a constitutional power and whenever the discretionary power was used by the Governor, it has never become an accepted decision. I do not think that Governor, at any stage has misused in our independent India except on one or two occasions, where the Government has also amended the mistakes done by the Governor. It will be wrong to say that article 3८6 has been constantly misused. When the Consti- tutional breakdown comes in a particular State, the Governor has got an ioberent power to decide. As I said, it is a matter of debate and this is one of the subjects in the Sarkaria Commission. The Hon. Members will be getting more chance to discuss about this particular power of the Governor when we take up the Sarkaria Commission’s report for discussion, 387.0 ८८४1, re : Centre-State Relations—C ontd. [Shri Sontosh Mohan Dev] Many members have also raised about the sharing of the Central resources by the States and in the process they have given some valuable suggestions. All these sugges- tions are noted. But the Mover of the Resolution himself knows that there is the Finance Commission which is constituted every five years, It gives recommendations after detailed deliberation with the State Governments, detailed assessment of the revenue and non-plan expenditure of differ- ent State Governments, as to what portion of the income-tax revenu and excise duty revenue should go to the respective State Governments. It is an established fact that the Finance Commission before making recommendations, take into consideration the non-plan expenditure, specially of he ccfcit States ard economic imbalance slich is a major problem in Our country givirg rise to agitations in different parts of the country It has always been proved that the Finance Commission’s recommendations have solved many of the problems than creating any. I am sure, the suggestions which have been given by the Hoa, Members will 920 taken care of by the respective State Gi ve inments with tbe Finance Commission which 1s now having its deliberations. It has