Sir,
I stand here to gladly support the 126th Constitution Amendment
Bill, 2021. With full support, I make an appeal to you. I am feeling a little
sad, but I am sure the appeal will work. Yesterday, there was a
seven-hour discussion in the Lok Sabha. Today, we have had two hours’
discussion with about six more hours to go. Sir, we are missing somebody in
the Parliament. We are really missing our hon. Prime Minister. This
is an important Constitutional Amendment Bill. I am sure my appeal will not
fall on deaf ears and he will come here to listen to us. Otherwise, in the
Olympic spirit, we can have a cut-out too. But that would not be
very120 parliamentary. There
is no doubt our hon. Prime Minister is a great believer in the Olympic
Games. There is an140 Olympic
God named Poseidon. Poseidon is linked today to army, media, ministers,
activists, judiciary, and Opposition members. How is that, Sir?160 That is because Poseidon's son is called
Pegasus. So maybe tomorrow or day after tomorrow, if you want to extend this
discussion, we would like to come and discuss this on the floor of
the House. Sir, I am also very happy today because I am the second
speaker from the Opposition. Now it may be a coincidence that the
first speaker from the Opposition was my friend and colleague who is a Member
of Parliament from West Bengal.240
He is a Member of Parliament sent here by the Members of Legislative Assembly
of the Congress Party and the Trinamool Congress Party. It is not a
coincidence. I was not going to talk about elections. I was going to280 talk straight into the OBC Bill. But the
previous speaker told me that he is going to win some election in 2022.
So, I mildly want to remind him that with nine per cent OBCs in Bengal, thirty
per cent Scheduled320 Castes
and Scheduled Tribes, and fifty per cent women in Bengal, we actually do not
want to talk about elections, because we do not talk, we do. But it seems that
the nightmare is continuing and our friends here360 cannot get away from Bengal. We are
discussing a Constitution Amendment Bill today. It was not just an
election between my party's manifesto and another party's manifesto. Our
interpretation is that it was an election where a manifesto was against the Constitution
and the Constitution won. Sir, I am not a trained lawyer. I would not
always use pretty words. 420 Neither
can I bear the pain nor can I express myself. I am actually referring to the
legislation. What is this Government's track record on poor legislation?
Mistakes, oversights, callousness, etc. were the words of my fellow Member
of Parliament from Bengal. I would use the word 'incompetence'. Let me give you
examples. The first one is this. Like480
every other party, Trinamool Congress Party's
dissent note had stated that the amendment to the Constitution through this
Bill undermines the role of State Governments. It is all there in the dissent
note much before you went to the Supreme Court. But, Sir, I want to present
today as to how deep this incompetence of legislation is because we are talking
on a Constitution Amendment Bill. They passed the GST Bill and we all supported
it. We warned them on560
implementation. This is our real record. Sir, 376 changes were made to GST in
ten months. My request to the Government is to take our advice. I am giving
suggestions.
I
gave you one example of GST. The hon. Home Minister600 was here a few months ago or one
year ago. On the floor of the House, the hon. Home Minister talked about
the Citizenship Amendment Act. Sir, I will give you one more example of Farm
Bills. Again, what did you do? 640
You did not listen. So, you have a history. The basic hypothesis is that
there is fault one, fault two, etc. You correct the fault and then you
congratulate yourselves. That is the basic thing which my fellow Member of
Parliament from Bengal and I are trying to say. Now, I come to the core issues700 of federalism. It is good that in
this Bill, you have done the correction. We have studied the last 98 Bills720 passed in Parliament. Out of the 98 Bills
passed, 29 are core anti-federal Bills. An amount of Rs. seven lakh crore
promised to the States is not released. Now, you are making all these promises
quoting federalism. But you have not given the States that amount of Rs. seven lakh
crore. It is an assault on federalism. Sir, let me explain to them. The basic
hypothesis of the Supreme Court on OBCs has been made by the opening batsman.
We discussed our speeches800
yesterday. That is the coordination we have in the Opposition. What is
the problem if we do that?
Sir,
I come to one interesting point. It is again about States. In 2014, the States
were840 spending 46 per cent. Now,
the States are spending 65 per cent on programmes they undertake. Sir, why is
there no caste-based census? It is an obvious question; it is a rhetoric
question. You see the BJP has one answer to all the problems and it is that the
real reason for all this is that Pandit Jawaharlal Nehru did this, Pandit Jawaharlal
Nehru approved a wrong draft, etc. Look at the 126th Amendment which Parliament
has passed. The point I am trying to make here is that the smaller you
become, the more the majoritarianism attacks you. We welcomed the 126th
Amendment. It is because you took the SC and ST reservation up by ten years. We
requested you to960 take it up
by 30 years. But you did a cheap stunt. You took away the reservation of the980 Anglo-Indian community of 40,000 people in
the ten Assemblies and in the Parliament. What did you tell them? You told them
that the census mentioned 200 people. Now, you know why this Government does
not want to discuss the son of Poseidon. It is because if we start
discussing it, then lots of skeletons would come out of the cupboard. I want
to make two points. One is on the ground implementation. Look carefully at
some of your States, especially, Uttar Pradesh. Sir, 48 per cent of OBC
students are dropping out of IITs and IIMs. Please do not give them1080 just the numbers. Please ensure that they
are implemented. In the last 22 days, 35 Bills have been passed, and
everyone is patting themselves on their back. How do we summarize what has
happened in the last two years in India?
1120 I want to leave this with you. I reiterate that we fully
support this Constitution Amendment.
Sir,
today is a historic day and my party is fully supporting the Constitution Amendment
Bill that has come up. Sir, I don't know whether due to the flaws
involved in the 102nd Constitution Amendment Bill that was brought earlier or
due to the misunderstanding and misinterpretation of Supreme
Court, the Bill was nullified and the power of the State Government
was1200 taken away. We are
very happy that the hon. Minister in his Statement of Objects and
Reasons has stated that this Amendment has been brought with a view to
strengthen the federal structure of this country. In most of the
Bills, directly or indirectly, the powers of the States are being taken
away by the Central Government. We are happy that through1260 this Bill, the States are getting back
their power and authority which was once taken away. Likewise, there have
been legislations where1280
the powers of the States were taken away. If those could also be
restored and assigned back to the State Government by the Centre, it would make
us happy. Sir, Mahatma Gandhi in his deliberations on Swaraj said
that his main focus was always aimed at financial equality. He used to say that
when we are born equal, we have the right to equal opportunity, and
based on that, the framers of our Constitution had made the provision of
reservation in the Constitution of India. Sir, I would refer to two issues only
as I am left with limited time. Moreover, another member from my party
will also analyze and deliberate on the given subject from legal perspective. 1400 Many State Governments have
devised their own reservation policies on various occasions for the
people belonging to the OBCs. But all these policies have come under
controversies and all have been referred to High Courts and the Supreme Court
and in most1440 of the cases,
the respective courts have rejected them. The main reason for rejecting them
was the non-availability of any statistics or census data pertaining to OBCs in
India. The first caste-based census was carried out during the British rule
in 1932 and since then it has never been done again. The issues which my
friend from the Congress Party has highlighted in his speech never
got implemented. Therefore, our party proposes that in the forthcoming
census there should be at least a provision of caste-based census.
If the caste-based census is carried out, then the reasons based on which the
courts have been nullifying the cases earlier would be at least taken care of and
we will get rid of that. I wish to put forward two suggestions.
First, the ceiling may be increased beyond 50 per cent and secondly, the
forthcoming census should be conducted based on caste consideration so that in
future any such legislation will be1600
based on a correct data and courts cannot reject them.