Judgements

Combined Discussion On The Statutory Resolution Regarding Telecom … on 13 March, 2000

Lok Sabha Debates
Combined Discussion On The Statutory Resolution Regarding Telecom … on 13 March, 2000


14.50 hours.

Combined discussion on the statutory resolution regarding Telecom Regulatory Authority of India (Amendment) Ordinance, 2000 and the Telecom Regulatory Authroty of India (Amendment) Bill, 2000. (Resolution negatived and Bill passed)

MR. CHAIRMAN : We will now take up the Telecom Regulatory Authority of India (Amendment) Bill and the Statutory Resolution together. Shri Basudeb Acharia to speak.

SHRI RUPCHAND PAL (HOOGLY): Madam, I have a point of order. I had given some amendments today before 10 a.m. But I am told that they have not been admitted and they relate to a very very vital, sensitive issue of national concern. I would just refer to what happened in the past on similar occasions.

Madam, as you know, in the last week there had been a situation in which we could not take up Government business or Government Bills and also many other issues which are agitating the minds of the hon. Members.

Madam, I draw your attention to page 508 of the Practice and Procedure in Parliament by Kaul and Shakdhar. It says :

“Period of notice of the amendments : A notice of an amendment is required to be given at least one day before the day on which the Bill is to be considered in the Lok Sabha.”

 

 It then says :

“In the case of Bills taken up for consideration at short notice the period of notice of amendments has been waived by the Speaker on several occasions in the past. ”

 

 Madam, as you know, on Friday itself a decision was taken that on Monday the Telecom Regulatory Authority Bill would be taken up, on Tuesday the Railway Budget, on Wednesday the General Budget, on Friday the Motion of Thanks to the President for his Address would be taken up. I am not referring to what happened in the B.A.C. meeting but what came through the hon. Minister of Parliamentary Affairs.

A notice was given between 3.15 p.m. on Friday and 10.00 a.m. today. There have been occasions several times in the past that in such situations permission had been given for acceptance of such amendments.

This is my point of order. I seek your protection as also your direction.

MR. CHAIRMAN : This Bill has not been listed only today. It has been on the business right since Parliament Session started.

SHRI BASU DEB ACHARIA (BANKURA): No, No.

MR. CHAIRMAN : Please listen. It has been listed. It has come on the business list even earlier that it is going to be discussed today.

SHRI BASU DEB ACHARIA : No. It came only today.

SHRI PAWAN KUMAR BANSAL (CHANDIGARH): Madam, that was only for introduction.

MR. CHAIRMAN : Please let me finish.

SHRI RUPCHAND PAL : Madam, the Bill was listed for introduction and not for consideration.

MR. CHAIRMAN : Please listen to me. You knew the Bill was coming up in this Session. All I am saying is that it was not suddenly introduced today. The point is that hon. Speaker has made it very clear that there is no time for circulation today and he has disallowed the amendment. He has already informed you that he has disallowed the amendment. I cannot now change the hon. Speaker’s decision which has already been communicated. Please cooperate.

SHRI RUPCHAND PAL : Madam, that is not the point. The point is that we go by the Rule Book. We go by precedents and conventions.

MR. CHAIRMAN : It is the discretion of the hon. Speaker.

SHRI RUPCHAND PAL : We go by the recommendations of the experts on the functioning of Indian Parliament.

MR. CHAIRMAN : All that has been said is that the hon. Speakers in their discretion admitted at several times. I agree to that. But, today he has not admitted. So, what can I do?

SHRI MANI SHANKAR AIYAR (MAYILADUTURAI): Madam, I think you should appeal to him. It is the right of the Members to move amendments. It is the most fundamental right.

MR. CHAIRMAN : But, Shri Mani Shankar Aiyar, it should be 24 hours in advance.

SHRI MANI SHANKAR AIYAR : But, there are precedents.

MR. CHAIRMAN : There have been precedents. In special cases the Speakers have allowed.

… (Interruptions)

SHRI RUPCHAND PAL : Madam, I will give the instances. It was done in 1955, 1957, 1962, 1968, 1972 and 1974. So sit was done on several occasions.

SHRI BASU DEB ACHARIA : There were two holidays, namely Saturday and Sunday.

SHRI RUPCHAND PAL : Madam, yesterday was Sunday and the day before was Saturday. This consideration thing came up only today. … (Interruptions)

Madam, I seek your protection. This is a very vital amendment. Otherwise, the right of a Member is being taken away on such an occasion.

MR. CHAIRMAN : The amendment has not been circulated. I cannot possibly take up something which has not been circulated. The Members should know what is your amendment.

SHRI RUPCHAND PAL : About circulation, it is specifically mentioned that not every amendment will have to be circulated. To facilitate other Members, there is a custom and a practice of circulation. It is not that something which is not possible to be circulated will not be allowed to be moved by a Member.

MR. CHAIRMAN: The Bill was introduced on the 9th of March. You had, in any case, the idea that the Bill was coming up as it was introduced in the House and amendments could have been given. … (Interruptions)

SHRI MANI SHANKAR AIYAR : How could he know?

… (Interruptions)

SHRI RUPCHAND PAL: Madam, how could we know? So many things had come. The Motion of Thanks on the President’s Address was listed so many times. … (Interruptions)

MR. CHAIRMAN: You have a rule that it must come one day in advance. In exceptional circumstances, the Speaker may allow. Today, he has said that he is not allowing any amendment because there is no time. So, please cooperate and sit down. Let us start discussion.