DICTATION EXERCISE-68

          The essence of democracy is equality. In a democratic country like India, every adult, irrespective of their religion, class, caste or education, is free to vote. This is known as universal adult franchise. Universal adult franchise ensures that all people are treated equally. All adults exercise their voting rights to caste their vote in favour of a candidate of their choice. They have equal rights to choose their representative.  There had been a long struggle to achieve universal adult franchise across the world. At the beginning of the 19^th century, many European nations did not allow their people to vote. In some countries, only people owning property could vote. Often women had no voting rights. Even in the United States of America, the people of African origin did not have voting rights until 1965. Those struggling for democracy wanted voting¹⁴⁰ rights to be granted universally- men or women, rich or¹⁵⁰ poor, white or black. This was called universal adult franchise¹⁶⁰ or universal suffrage. In India, it was granted in the year 1950. The Constitution of India grants the right to vote to all Indian citizens of and above 18 years of age. Universal suffrage shows political equality. It encourages young people to participate in the electoral process. It initiates people in the act of choosing their representatives. It brings to power a government based on the consent of the people.

In a democracy, the supreme power rests with the people. They have the choice of deciding, either directly or indirectly, who can be their representatives. This is done through the process of election. Election is a process through which people can elect their representatives for running the government by voting²⁸⁰ for them. Elections are held at regular intervals. An election is a contest between candidates of different political parties for³⁰⁰ the same position. In such a process, some would win and some would lose. Today, the elections are a contest³²⁰ between different political parties. The party which gets the maximum number of votes forms the government. Sometimes there are individuals also who contest an election without belonging to any established political party. Such individuals are called independent candidates. In a democratic country like India, the task of holding elections in the country is entrusted to an independent constitutional body called the Election Commission of India. The head of the Election Commission is the Chief Election Commissioner who is appointed by the President. Her or his task is to conduct elections in the country in a free and fair manner.  Earlier, ⁴²⁰ people used to cast their votes by putting a stamp on the ballot paper. Today, the process has been simplified with introduction of the electronic voting machine. The EVM⁴⁵⁰ shows the names of the candidates and the symbols of the party to which they belong. Independent candidates also have their own symbols allotted by the Election Commission. The voters⁴⁸⁰ are only required to press the button against the name of the candidate of their choice. After the voting process is over, the ballot boxes or the EVMs are sealed and kept in safe custody. On a particular day, fixed by the Election Commission, they are opened. The votes for each candidate are then counted. The candidate getting the maximum vote in each constituency is declared elected. The party whose maximum candidates are elected becomes the ruling party. Elections are the⁵⁶⁰ means of expression of the public will. By electing candidates of their choice, people participate in the governance of their country. Elections held at regular intervals give the people a choice to allow the present government to rule for⁶⁰⁰ a longer time or to elect a new government altogether. A free and fair election offers real choices to the people.

A political party comprises of a group of people who share similar views on the political issues of the⁶⁴⁰ country. A political party wants to gain power through democratic means. In the elections that are held at the country or state level, these parties bring in their candidates to contest the elections. The political parties can be national or regional in nature. If a party is recognized in four or more states, it is called a national party. For example,⁷⁰⁰ Indian National Congress and Bharatiya Janata Party are national parties. If a party functions at the state level or regional level, it is called a regional party. Some examples of regional parties are the Telugu Desam Party of Andhra Pradesh, Shiromani Akali Dal of Punjab, DMK of Tamil Nadu.⁷⁵⁰ Each political party has a symbol approved by the Election Commission. For example, ‘hand’ is the symbol of Congress and ‘lotus’ is the symbol of the BJP. The symbols help in identification of the party even by people who can neither read nor write. It also helps to avid confusion⁸⁰⁰ if two parties have similar sounding names. Political parties provide choices to the people for selecting their representatives. Political parties help in shaping public opinion through public meetings, posters, speeches, etc. They unite and integrate different sections of the society as⁸⁴⁰ they draw members from all sections. As the opposition party, they criticize the policies of the government forcing the government to work for the welfare of the people. The political party that gets the maximum number of votes in an election is known as the majority party. It becomes the ruling party. The other elected members of the House⁹⁰⁰ are called the Opposition. Generally, the party with a majority of votes forms the government. But there are also situations when no party gets a clear cut majority. In such a situation, the government is formed by an alliance of two or more political parties. Such a government is known as a coalition government. In a coalition government, decisions regarding⁹⁶⁰ the state or the country cannot be taken by any individual party. All the parties of the coalition have to be⁹⁸⁰ consulted before arriving at a decision. This creates a difficult situation as all opinions have to be taken into consideration. In the recent times, a coalition government has become a common phenomenon both at the centre and the state level.

We have read that caste, gender and religion play an important role in determining whether or not people are treated equally. Whenever they are treated unequally, their dignity is¹⁰⁵⁰ violated. We must remember that all individuals are equal. They deserve to be given the same respect and dignity as the other members of the society. An unequal treatment not only violates their dignity, but also puts them through mental agony. The Indian Constitution recognizes the concept of equality. The Article 15 of the Indian Constitution makes provisions to treat people equally and with dignity. The government has tried to enforce¹¹²⁰ equality as mentioned in the Constitution through various laws as well as schemes for the disadvantaged sections of the society. The concept of equality is not as simple as it appears. In all democratic nations of the world, despite the concept of equality, there remains some amount of inequality. The United States of America and the European nations have their own share of inequalities. For example, in USA, people from the southern states of Texas and Georgia were treated¹²⁰⁰ as lacking in social ways and culture. In Britain too, the people from the aristocracy looked down upon other wealthy people. In USA, the African-Americans had been subjected to unequal and unjust treatment. Their ancestors had been brought in as slaves to America. Even after the abolition of slavery in America, these people were discriminated against. In 1950s, the Civil Rights¹²⁶⁰ Movement in USA culminated in the Civil Rights Act of 1964 that prohibited discrimination on the grounds of race, religion, ¹²⁸⁰ colour or creed. All religions, the constitutions of all states and the policies of almost all political parties embrace the concept of equality, in spite of which inequality has not been removed. This should not be taken to mean that differences exist permanently in human society. It only means that the struggle to achieve equality is indeed very long and is not as easy as it appears to be. ¹³⁵⁰ There are people and communities who always strive to achieve equality in whatever way possible.

The health of individuals is their most important asset. The World Health Organization states that the enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction¹⁴⁰⁰ based upon race, religion, political belief, economic or social condition. Health is a matter of human rights and its violation should be seen as a violation of human rights. Therefore, it is crucial that the state plays an active¹⁴⁴⁰ role in providing healthcare to the people. When we think of a healthy person, the first thing that comes to mind is that of a person who is physically fit and free from illness. However, health is not just confined to physical fitness but also means mental well-being. A person who is free from any fear or anxiety is seen¹⁵⁰⁰ as a healthy person. The WHO defines health as a state of complete physical, mental, and social well-being and not merely as absence of disease or infirmity. In recent years, health is also seen as the ability to lead a socially and economically productive life. In order to attain total health, factors like availability of nutritional food, clean drinking water and environment devoid of pollutants also play a key role. For a healthy life and care during illness, there is the need of appropriate healthcare services like hospitals, health centres, laboratories, ambulances and blood bank. We also need well-trained doctors, ¹⁶⁰⁰ nurses, health workers, and paramedics to diagnose and treat the illnesses.

Vacancies of Parliamentary Reporter in Lok Sabha

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Total - 102525

DICTATION EXERCISE - 31

Madam Speaker, I would like to request the hon. Members to pay a special attention to this Bill because this Bill is the need of the hour. The request has come from various quarters for all these years. This is an issue, which is pending for long. We have been discussing about some regulation in the Real Estate for the last 11 years because all the buyers across the country are agitated rightly and they are not getting adequate redressal system as per the previous arrangement.

So, keeping that in mind, during the UPA regime, a Bill was brought and the Bill was referred to the Standing Committee. The Standing Committee, in its collective wisdom, has made certain recommendations. Out of 30 and odd recommendations, 22-23 recommendations were accepted. In between, there was a change of Government and the Government¹⁴⁰ that came has brought it in the form of a new Bill. The Bill has gone to the Rajya Sabha¹⁶⁰ because it has originated from there and the Rajya Sabha, in its wisdom, had again referred this matter to the Select Committee. The Bill, which was approved by the Standing Committee consisting of Lok Sabha and Rajya Sabha Members, was again referred to the Select Committee of Rajya Sabha. I have agreed simply because I want the Bill finally to be passed at the end of the day. So, we have agreed and the Select Committee of the other House has done an excellent job. They have made their own recommendations and sent them back to the Rajya Sabha. Now, Madam, I am very happy to share with the House that the Bill was debated, discussed and decided in the²⁸⁰ Rajya Sabha almost unanimously with one Party, namely, AIADMK having raised a fundamental issue saying that the Parliament has no jurisdiction on this issue because it is a matter concerning the local bodies at the State level. We discussed about³²⁰ that matter within ourselves in the Department also, and I have referred the matter to the Law Ministry. The Law Ministry has opined that the Parliament has a jurisdiction. Subsequently, I referred the matter to the Attorney General of India. The Attorney General also, after careful study, has sent it back saying that the Parliament of India has the jurisdiction to pass such a legislation in the larger interest of the people. Keeping that in mind, the present Bill has been brought in and in the Rajya Sabha it was approved by the support of all the Parties. I am⁴²⁰ very happy to state it.

Madam, the purpose of the Bill is that it is not only going to make consumer the king, but bring in much needed regulation and transparency to the people who are involved in this sector. This Bill seeks to create a set of rights and obligations for both the consumers as well as developers.⁴⁸⁰ Secondly, this Bill seeks to encourage both of them to live up to the expectations of each other as per the agreement entered into by both of them. When you purchase a house, you enter into an agreement. If one of the parties fails to perform the obligation, then the provisions of the Bill will come into operation. If they mutually agree upon, nobody is going to intervene. Unfortunately, what is happening is that the buyers or the consumers are always⁵⁶⁰ at the receiving end. In India, the law of torts is very weak as compared to other Western countries. We do not have such provisions to enforce the law. Also, in India, the issues take a long time. In courts, we have such a system that delay is being caused. I am not here to accuse the judiciary, but the judicial system in India today is such that we are not able to get speedy justice. So, the hapless consumers⁶⁴⁰ should not be left in the lurch. That is what has really stirred my conscience that we must bring this Bill at the earliest.

This Bill seeks to establish a regulatory authority with which the developer will register the project to be launched. If ‘x’ wants to launch a project, he has to register it with the regulatory authority.⁷⁰⁰ It is that simple. Secondly, while doing so, they have to declare all project related information, including the details of developers, status of land, various approvals, project schedule, information regarding architects and structural engineers, etc., so that there is transparency and people get satisfied when they come to know who the architects are, who the developers are, who the engineers are, and what is the size of the project. All these things will be in public domain. Thirdly, the disclosure helps the home buyers to make an informed choice.

Apart from promoting fair play in real estate transactions, it also aims⁸⁰⁰ ensuring timely execution of the projects – timely execution is a major issue; people do not respect time and as a result, when there is cost escalation, the buyer or the consumer is always put to loss. Keeping that in⁸⁴⁰ mind, it ensures timely execution of the projects. The Bill seeks to provide uniform regulatory environment and orderly growth of the real estate sector. We want the real estate sector to grow. As the Minister of Urban Development, I have no hesitation in saying that. We feel that the real estate developers are also partners in development. We do not consider them as untouchables. Some people have the habit of condemning the private sector. We, who are in the Government, do not believe that private sector is bad. Public and private partnership is the need of the hour. That is the way forward. We have seen the other methods in all these years, then we have learned by experience and that is why⁹⁶⁰ we have come to this conclusion. Display of unanimity and the spirit of give and take by⁹⁸⁰ both the Government and the Opposition enabled the passage of this crucial Bill in Rajya Sabha on 10th March, and the stage is now set for receiving the Lok Sabha approval. The manner in which it was passed in the Upper House clearly highlights that the highest Legislature of the land could do it to further the aspirations of the people. The spirit of camaraderie demonstrated in the Upper House underlined what we could do collectively for the betterment of the lives of the people.

The Rajya Sabha witnessed the rare occasion of the Opposition and the Treasury Benches giving credit to each other for introducing and piloting this Bill. I have no hesitation in saying  that it was a Bill brought during the earlier regime, by the earlier Minister. Then, certain improvements have been made in that Bill by both the¹¹²⁰ Standing Committee and the Select Committee. Finally, now, the time has come during this Government that we brought this Bill and I am putting it before the House. The credit for the significant improvements in the Bill goes to the work done by the Standing Committee and it also goes to the Select Committee, the ideas they have exchanged among themselves and the conclusions they have reached has really helped me to come to some conclusion. Normally, in many of the cases, we come to Lok Sabha and people say, “You have majority here, you just got it passed and all that.” But we have gone to Rajya Sabha because the issue was pending there.

This morning also I got a message saying, “Please preserve the example of Rajya Sabha and follow it also.” I have no problem at all.¹²⁶⁰ The Government has nothing to hide. Whether it is Lok Sabha or Rajya Sabha, both of them have been given¹²⁸⁰ their respective jurisdictions and responsibilities. We should work together. Both of them together are called the Parliament of India. If we do not perform our responsibilities in Lok Sabha and Rajya Sabha, then it will go to parlok Sabha. This is what has happened to many of the Bills earlier. I do not want that to happen. If you discuss, debate and decide, good things will emerge and good ideas will come. In spite of our experience, nobody is perfect. After discussion, some saner points or good points have emerged, and the Government had no hesitation at any point of time to take those suggestions forward. I was moved by the response of the public on social media also,¹⁴⁰⁰ after the Rajya Sabha cleared the Bill. There was so much appreciation from across the country, from different parts of the country, hailing the passage of the Bill in Rajya Sabha. Many of them posted that they rejoiced at that historic¹⁴⁴⁰ moment and some were overwhelmed with emotions. I understand such reactions as cries of joy after having gone through the pain of waiting for long to get their due and finally, the moment of restoring order in the real estate sector becoming a reality. In this country, a lot of consumers have been taken for a ride by unscrupulous elements. I am not trying to damn the entire real estate sector. There are great people; there are good people; there are reputed builders and architects also who have constructed many buildings across the country.¹⁵³⁴

DICTATION EXERCISE - 29

The work done by the Parliament in modern times is not only varied and complex in nature, but also considerable in volume. The time at its disposal is limited. It cannot, therefore, give close consideration to all the legislative and other matters that come up before it. A good deal of its business is, therefore, transacted in Committees of the House, known as Parliamentary Committees. Parliamentary Committee means a Committee which is appointed or elected by the House or nominated by the Speaker and which works under the direction of the Speaker and presents its report to the House or to the Speaker and the Secretariat for which is provided by the Lok Sabha Secretariat.

By their nature, Parliamentary Committees are of two kinds: Standing Committees and Ad hoc Committees. Standing Committees are permanent and regular committees which are constituted¹⁴⁰ from time to time in pursuance of the provisions of an Act of Parliament or Rules of Procedure and Conduct¹⁶⁰ of Business in Lok Sabha. The work of these Committees is of continuous nature. The Financial Committees, Departmentally Related Standing Committees and some other Committees come under the category of Standing Committees. Ad hoc Committees are appointed for a specific purpose and they cease to exist when they finish the task assigned to them and submit a report. The principal Ad hoc Committees are the Select and Joint Committees on Bills. Railway Convention Committee, Joint Committee on Food Management in Parliament House Complex etc. also come under the category of ad hoc Committees.

In a parliamentary democracy like ours, the Committee system assumes great importance. Administrative accountability to the legislature becomes the sine qua non of such a parliamentary system.²⁸⁰ The check that Parliament exercises over the executive stems from the basic principle that Parliament embodies the will of the people and it must, therefore, be able to supervise the manner in which public policy laid down by Parliament is³²⁰ carried out. However, the phenomenal proliferation of governmental activities has made the task of legislatures very complex and diversified. By its very nature, Parliament, as a body cannot have an effective control over the government and the whole gamut of its activities. Administrative accountability to the legislature through Committees has been the hallmark of our political system. The Committee on Public Accounts enjoys the place of pride in our Committee System.

The Committee on Public Accounts was first set up in 1921 in the wake of the Montague-Chelmsford Reforms. The Finance Member of the Executive Council used to be the⁴²⁰ Chairman of the Committee. The Secretariat assistance to the Committee was rendered by the then Finance Department which is now the Ministry of Finance. This position continued right up to 1949. During the days of the Interim Government, the then Finance Minister acted as the Chairman of the Committee, and later on, after the attainment of Independence in August, 1947, the Finance⁴⁸⁰ Minister became the Chairman. This naturally restricted the free expression of views and criticism of the Executive. The Committee on Public Accounts underwent a radical change with the coming into force of the Constitution of India on 26 January, 1950, when the Committee became a Parliamentary Committee functioning under the control of the Speaker with a non-official Chairman appointed by the Speaker from among the Members of Lok Sabha elected to the Committee. The Minister of Finance ceased to be⁵⁶⁰ a Member of the Committee vide Rule 309(i) of the Rules of Procedure and Conduct of Business in Lok Sabha.

The Public Accounts Committee is now constituted every year under Rule 308 of the Rules of Procedure and Conduct of Business in Lok Sabha. The Public Accounts Committee consists of not more than 22 members comprising of 15 members elected by Lok Sabha every year from amongst its members according to the principle of proportional representation by means of single⁶⁴⁰ transferable vote and not more than 7 members of Rajya Sabha elected by that House in like manner. Prior to the year 1954-55, the Committee consisted of 15 members who were elected by Lok Sabha from amongst its Members. But with effect from the year 1954-55, 7 members from the Rajya Sabha are also being associated with the Committee.⁷⁰⁰ Till 1966-67, a senior member of the ruling party used to be appointed by the Speaker as Chairman of the Committee. In 1967, however, for the first time, a member from the Opposition in Lok Sabha, was appointed as the Chairman of the Committee by the Speaker. This practice continues till date. The term of office of members of the Committee does not exceed one year at a time. A Minister is not elected a member of the Committee, and if a member, after his election to the Committee is appointed a Minister, he ceases to be a member of the⁸⁰⁰ Committee from the date of such appointment. The Chairman of the Committee is appointed by the Speaker from amongst the members of the Committee from Lok Sabha.

The functions of the Committee, as enshrined in Rule 308(1) of the⁸⁴⁰ Rules of Procedure and Conduct of Business in Lok Sabha, include examination of accounts showing the appropriation of sums granted by Parliament for the expenditure of the Government of India, the annual finance accounts of the Government and such other accounts laid before the House as the Committee may think fit.

The Committee's work depends a great deal upon the results of audit and examination of the Accounts of the Union Government carried out by the Comptroller and Auditor General. The audit by the C&AG is comprehensive and manifold. To cite an example, it involves among others, Accountancy Audit, Regularity Audit, Appropriation Audit, Propriety Audit or what is also known as Discretionary Audit and Efficiency-cum-performance Audit. In recent years, the technique⁹⁶⁰ of efficiency-cum-performance has been attempted in the audit of developmental schemes. The Audit examines as how far the implementing⁹⁸⁰ agency is adequately discharging its financial responsibilities in regard to the various schemes undertaken by it and ascertains whether the schemes are being executed effectively and their operations conducted economically and whether they are producing the results expected of them. In fact, the Institution of Audit plays a crucial role in the functioning of the Committee on Public Accounts and the Comptroller and Auditor General is often termed as "friend, philosopher and guide" of the Committee. At the beginning of its term every year, the Committee makes a selection of Audit Paragraphs included in the various reports of C&AG for in-depth examination. After holding deliberations and taking note of the time available at its disposal, the Committee selects the most important paragraphs from the Audit Reports for detailed examination and submits its reports to the House on them.

A report¹¹²⁰ has value provided it is properly followed up. In the case of original report, the Government is required to intimate to the Committee the action taken or proposed to be taken by it on the recommendations contained in the Report normally within six months of the presentation. The Action Taken replies of the Government are considered by the Committee and after due classification of the replies, an Action Taken Report is presented to the Parliament. The Government is further required to intimate to the Committee the action taken or proposed to be taken by it on the recommendations contained in Chapter I of the Action Taken Report and also to furnish final replies in respect of the earlier recommendations contained in the Original Report in respect of which either no replies had previously been received or only interim replies had¹²⁶⁰ been received. The action taken thus reported by the Government is laid on the Table of the House in the¹²⁸⁰ form of a Statement without any further comments by the Committee. This system not only ensures accountability of the Executive to Parliament but also enables Parliament and also the general public to appraise Government's final replies to the Committee's recommendations. This completes the examination of a subject by the Committee. Follow-up on Action taken by Government on Audit paragraphs not selected by the Committee Till 1981, there was no practice of ascertaining the action taken by the Ministries or Departments on the Audit paragraphs not selected by the Committee for detailed examination. However, with a view to ensuring enforcement of accountability of the executive in respect of all the issues dealt with in various Audit Reports, the Committee on Public¹⁴⁰⁰ Accounts decided in 1982 that the Audit Reports for the year 1980-81 be referred to the Ministries or Departments concerned for furnishing notes, duly vetted by Audit, showing remedial or corrective Action Taken on all the paragraphs contained therein.¹⁴⁴⁰ The system has further been streamlined to review the remedial or corrective action taken notes furnished by Government on the non-selected Audit Paragraphs.¹⁵⁰²

DICTATION EXERCISE - 25

The basic function of Parliament is to make laws. All legislative proposals have to be brought in the form of Bills before Parliament. A Bill is a statute in draft and cannot become law unless it has received the approval of both the Houses of Parliament and the assent of the President of India. The process of law making begins with the introduction of a Bill in either House of Parliament. A Bill can be introduced either by a Minister or a member other than a Minister. In the former case, it is called a Government Bill and in the latter case, it is known as a Private Member's Bill.

A Bill undergoes three readings in each House that is, the Lok Sabha and the Rajya Sabha, before it is submitted to the President for assent. The First Reading refers to¹⁴⁰ motion for leave to introduce a Bill in the House on the adoption of which the Bill is introduced;¹⁶⁰ or in the case of a Bill originated in and passed by the other House, the laying on the Table of the House of the Bill, as passed by the other House. The Second Reading consists of two stages. The "First Stage" constitutes discussion on the principles of the Bill and its provisions generally on any of the following motions - that the Bill be taken into consideration; or that the Bill be referred to a Select Committee of the House; or that the Bill be referred to a Joint Committee of the Houses with the concurrence of the other House; or that the Bill be circulated for the purpose of eliciting opinion thereon. The "Second Stage" constitutes the clause²⁸⁰ by clause consideration of the Bill, as introduced in the House or as reported by a Select or Joint Committee, as the case may be. 

In the case of a Bill passed by Rajya Sabha and transmitted to Lok Sabha,³²⁰ it is first laid on the Table of Lok Sabha by the Secretary-General, Lok Sabha. In this case, the Second Reading refers to the motion that the Bill, as passed by Rajya Sabha, be taken into consideration; or (ii) that the Bill be referred to a Select Committee if the Bill has not already been referred to a Joint Committee of the Houses. The Third Reading refers to the discussion on the motion that the Bill or the Bill, as amended, be passed.  Almost similar procedure is followed in Rajya Sabha in respect of Bills introduced in that House.⁴²⁰ After a Bill has been finally passed by the Houses of Parliament, it is submitted to the President for his assent. After a Bill has received the assent of the President, it becomes the law of the land.

The year 1993 ushered in a new era in the history of Indian Parliament when 17 Departmentally Related Standing Committees were constituted.⁴⁸⁰ The number of Standing Committees has now been increased from 17 to 24. While 8 Committees work under the direction of the Chairman of Rajya Sabha, 16 Committees work under the direction of the Speaker of Lok Sabha.  One of the important functions of these Committees is to examine such Bills introduced in either House as are referred to them by the Chairman of Rajya Sabha or the Speaker of Lok Sabha, as the case may be, and make report thereon.  The reports of⁵⁶⁰ the Standing Committees have persuasive value. In case the Government accepts any of the recommendations of the Committee, it may bring forward official amendments at the consideration stage of the Bill or may withdraw the Bill reported by the Standing Committee and bring forward a new Bill after incorporating the recommendations of the Standing Committee.

If a Bill is referred to a Select or a Joint Committee, it considers the Bill clause-by-clause just as the House does. Amendments can be⁶⁴⁰ moved to the various clauses by the members of the Committee. After the report of the Select or Joint Committee has been presented to the House, the member-in-charge of the Bill usually moves the motion for consideration of the Bill, as reported by the Select or Joint Committee, as the case may be. A Money Bill or a Financial Bill⁷⁰⁰ containing any of the provisions calculated to make a Bill a Money Bill, however, cannot be referred to a Joint Committee of the Houses.

A Bill may be introduced in either House of Parliament. However, a Money Bill can not be introduced in Rajya Sabha. It can only be introduced in Lok Sabha with prior recommendation of the President for introduction in Lok Sabha. If any question arises whether a Bill is a Money Bill or not, the decision of the Speaker thereon is final. Rajya Sabha is required to return a Money Bill passed and transmitted by Lok Sabha⁸⁰⁰ within a period of 14 days from the date of its receipt. Rajya Sabha may return a Money Bill transmitted to it with or without recommendations. It is open to Lok Sabha to accept or reject all or any of⁸⁴⁰ the recommendations of Rajya Sabha. 

However, if Rajya Sabha does not return a Money Bill within the prescribed period of 14 days, the Bill is deemed to have been passed by both Houses of Parliament at the expiry of the said period of 14 days in the form in which it was passed by Lok Sabha. Like Money Bills, Bills which, inter alia, contain provisions for any of the matters attracting sub-clauses (a) to (f) of clause (1) of article 110 can also not be introduced in Rajya Sabha. They can be introduced only in Lok Sabha on the recommendation of the President. However, other restrictions in regard to Money Bills do not apply to such Bills.

The Constitution vests⁹⁶⁰ in Parliament the power to amend the Constitution. Constitution Amendment Bills can be introduced in either House of Parliament.⁹⁸⁰ While motions for introduction of Constitution Amendment Bills are adopted by simple majority, a majority of the total membership of the House and a majority of not less than two-thirds of the members present and voting is required for adoption of effective clauses and motions for consideration and passing of these Bills. Constitution Amendment Bills affecting vital issues as enlisted in the proviso to article 368(2) of the Constitution after having been passed by the Houses of Parliament, have also to be ratified by not less than one half of the State Legislatures.

Article 108(1) of the Constitution provides that when a Bill other than a Money Bill or a Bill seeking to amend the Constitution passed by one House is rejected by the other House or the Houses have finally disagreed as to the amendments made in the Bill or¹¹²⁰ more than six months lapse from the date of the receipt of the Bill by the other House without the Bill being passed by it, the President may, unless the Bill has lapsed by reason of dissolution of Lok Sabha, notify to the Houses by message, if they are sitting, or by public notification, if they are not sitting, his intention to summon them to meet in a Joint Sitting. The President has made the Houses of Parliament (Joint Sittings and Communications) Rules in terms of clause (3) of article 118 of the Constitution to regulate the procedure with respect to Joint Sitting of Houses. So far, there have been three occasions when Bills were considered and passed in a Joint Sitting of the Houses of Parliament.

After a Bill has been passed by both the Houses of Parliament,¹²⁶⁰ it is presented to the President for his assent. The President may assent to the Bill, withhold his assent, or return¹²⁸⁰ the Bill, if it is not a Money Bill, with a message for reconsideration of the Bill, or any specified provisions thereof, or for considering the desirability of introducing any such amendments as he may recommend in his message. The President may either give or withhold his assent to a Money Bill. A Money Bill can not be returned to the House by the President for reconsideration. Also, the President is bound to give his assent to Constitution Amendment Bill passed by Parliament by the prescribed special majority and, where necessary, ratified by the requisite number of State Legislatures.¹³⁸⁰

Dictation Exercise - 13

Fellow citizens, on the eve of the sixty-eighth Republic Day of our nation, I extend warm greetings to all of you in India and abroad. I convey my special greetings to members of our Armed Forces, Para-military Forces and Internal Security Forces. I pay my tribute to the brave soldiers and security personnel who made the supreme sacrifice of their lives in defending India’s territorial integrity and maintaining law and order. When India attained freedom on 15th August 1947, we did not have an instrument of governance of our own. We waited till 26th January, 1950 when the Indian people gave to themselves a Constitution to secure for all its citizens, justice, liberty, equality, and gender and economic equity. We promised to promote fraternity, dignity of the individual, and unity and integrity of the nation. On that day, we became (140) the largest democracy of the world. The faith and commitment of people gave life to our Constitution and our founding fathers, (160) wisely and carefully, steered the new nation past its troubles of being a poor economy with huge regional imbalances and a vast citizenry deprived of even basic necessities. It goes to the credit of the strong institutions of democracy built by our founders that for the last six and a half decades, Indian democracy has been an oasis of stability in the region troubled by unrest. From a population of 360 million in 1951, we are now a 1.3 billion strong nation. Even then, our per capita income has shown a ten-fold increase, poverty ratio has declined by two-thirds, average life expectancy has more than doubled, and literacy rate has shown a four-fold increase. We are today the fastest growing (280) amongst the major economies of the world. We are the second largest reservoir of scientific and technical manpower, the third largest army, the sixth member of the nuclear club, the sixth member in the race for space, and the tenth (320) largest industrial power. From a net foodgrains importing country, India is now a leading exporter of food commodities. The journey so far has been eventful, sometimes painful, but most of the times, exhilarating.

What has brought us thus far will take us further ahead. But we will have to learn to adjust our sails, quickly and deftly, to the winds of change. Evolutionary and incremental growth will have to accommodate rapid disruptions brought in by advances of science and technology. Innovation, more so inclusive innovation, will have to become a way of life. Education will have to keep pace with technology. (420) In the race between man and machine, the winner will have to be job generation. The velocity of technology adoption will call for a workforce that is willing to learn and adapt. Our education system will have to join hands with innovation to prepare our youth for life-long learning. Our economy has been performing well despite the challenging global economic conditions. (480) In the first half of 2016-17, it grew at a rate of 7.2 percent, same as that last year, showing sustained recovery. We are firmly on the path of fiscal consolidation and our inflation level is within comfort zone. Though our exports are yet to pick up, we have managed a stable external sector with sizeable foreign exchange reserves. Demonetization, while immobilizing black money and fighting corruption, may have led to temporary slowdown of economic activity. (560) As more and more transactions become cashless, it will improve the transparency of the economy.

Born in independent India, three generations of citizens do not carry the baggage of colonial past. These generations have had the privilege of acquiring education, pursuing opportunities and chasing dreams in a free nation. This sometimes makes it easy for them to take freedom for granted; to forget the price that extraordinary men and women paid to win this freedom; to forget that the (640) tree of freedom needs constant care and nourishment. Democracy has conferred rights on each one of us. But along with these rights come responsibilities which have to be discharged. Gandhiji said and I quote: "The highest form of freedom carries with it the greatest measure of discipline and humility. Freedom that comes from discipline and humility cannot be denied; unbridled license (700) is a sign of vulgarity, injurious alike to self and others”. Youth today are brimming with hope and aspirations. They pursue their life goals, which they perceive will bring them fame, success and happiness, with single-minded devotion. They consider happiness as their existential objective, which, of course, is understandable. They search for happiness in the highs and lows of day-to-day emotions, and in the fulfilment of the objectives they have set for themselves. They look for a job as well as a purpose in life. Lack of opportunities leads to frustration and unhappiness which manifests itself in anger, anxiety, stress (800) and aberrations in behaviour. This has to be dealt with by inculcating pro-social behaviour through gainful employment, active engagement with community, parental guidance, and empathetic response from a caring society. One of my predecessors left on my table a framed (840) quotation which I quote: "The object of Government in peace and in war is not the glory of rulers or races but the happiness of the common man”. Happiness is fundamental to the human experience of life. Happiness is equally the outcome of economic and non-economic parameters. The quest for happiness is closely tied to sustainable development, which combines human well-being, social inclusion and environmental sustainability. We must make happiness and well-being of our people as the touchstones of public policy.

Many of the flagship initiatives of the Government have been designed to promote the well-being of the society. The Swachh Bharat Mission aims at a Clean India by 2nd October, 2019 to coincide with the 150th Birth Anniversary of Gandhiji. (960) Increased spending on programmes like MGNREGA is enhancing employment generation to rejuvenate the rural economy. Aadhaar, with its present (980) reach of over 110 crore people, is helping in direct transfer of benefits, plugging leakages and improving transparency. The Digital India programme is creating a knowledge economy through universal provision of digital infrastructure and platforms for cashless economic transactions. Initiatives like Start-up India and Atal Innovation Mission are fostering innovation and new-age entrepreneurship. Under the Skill India initiative, the National Skill Development Mission is working on skilling 300 million youth by 2022.

It is my firm conviction that India’s pluralism and her social, cultural, linguistic and religious diversity are our greatest strength. Our tradition has always celebrated the ‘argumentative’ Indian; not the ‘intolerant’ Indian. Multiple views, thoughts and philosophies have competed with each other peacefully for centuries in our country. A wise and discerning mind is necessary for democracy to flourish. More than the unison of ideas, a healthy democracy (1120) calls for conformity to the values of tolerance, patience and respect for others. These values must reside in the hearts and minds of every Indian, inculcating in them a temperament of understanding and responsibility. We have a noisy democracy. Yet, we need more and not less of democracy. The strength of our democracy is evidenced by the fact that over 66 percent of the total electorate of 834 million voted in the 2014 General Elections. The depth and breadth of our democracy sparkles in the regular elections being held in our Panchayati Raj institutions. And yet, our legislatures lose sessions to disruptions when they should be debating and legislating on issues of importance. Collective efforts must be made to bring the focus back to debate, discussion and decision-making. As our Republic enters her sixty-eighth year, we must acknowledge that our (1260) systems are not perfect. The imperfections have to be recognized and rectified. The settled complacencies have to be questioned. (1280) The edifice of trust has to be strengthened. The time is also ripe for a constructive debate on electoral reforms and a return to the practice of the early decades after independence when elections to Lok Sabha and State Assemblies were held simultaneously. It is for the Election Commission to take this exercise forward in consultation with political parties.

In a fiercely competitive world, we have to work harder than ever to redeem the promises that we make to our people. We have to work harder because our war on poverty is not yet over. Our economy is yet to grow at over 10 percent for an extended period of time to make a significant dent on poverty. One-fifth of our (1400) countrymen still remain below poverty line. Gandhiji’s mission to wipe every tear from every eye still remains unfulfilled. We have to work harder to provide food security to our people and to make the agriculture sector resilient to the vagaries of nature. (1440) We have to provide better amenities and opportunities to our people in villages to ensure a decent quality of life. We have to work harder to provide enhanced employment opportunities to our youth through the creation of world-class manufacturing and services sectors. The competitiveness of the domestic industry has to be improved by focusing on quality, productivity and efficiency.  We have to work harder to provide safety and security to our women and children. Women must be able to lead their lives with honour and dignity. Children must be able to enjoy their childhood to the fullest. We have to (1540) work harder to change our consumption pattern which has resulted in environmental and ecological degradation. We have to appease nature to prevent it from unleashing its fury in the form of floods, landslides and droughts. We have to work harder because our pluralistic culture and tolerance are still being put to test by vested interests. Reason and moderation should be (1600) our guide in dealing with such situations. 

To access this dictation exercise on YouTube, please follow the links given below:

https://www.youtube.com/watch?v=1Oj96G3gnRI

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Dictation Exercise - 10

Thank you very much, Madam Speaker, for giving me this opportunity to speak on one of the most important legislations relating to the rights of disabled persons, in this august House. Madam, you know that from the day one onwards since 16th of last month, we have been trying to discuss the issues relating to the problems being faced by the common man in India due to the demonetization issue. But anyway, the Government is not ready to discuss that. Madam, although every piece of legislation is important, yet this piece of legislation, which is dealing with the rights of the disabled persons, is the most important legislation and needs a special consideration. That is why, the entire Opposition also is agreeing with the Government to pass this Bill. Madam, this Bill is being brought to comply with the (140) UN Convention on the Rights of Persons with Disabilities to which India became a signatory, which the hon. Minister has already mentioned. (160) Actually, this Bill was brought by Shri Mallikarjun Kharge, the then Minister of Social Justice and Empowerment in 2014, when it was introduced in Rajya Sabha. Then, it went to the Standing Committee and the Standing Committee, after thorough examination, gave its Report. Most of the suggestions of that Standing Committee have been incorporated in the Bill also. This is really one of the most important Bills. It also addresses most of the issues of the disabled persons. But there are certain lacunae also. The hon. Minister also recognized two other disabilities, which previously, were not considered for which I really congratulate him. They are disabilities due to acid attacks and Parkinson’s disease. These are new things and I am (280) really appreciating that they should be accorded also. Persons with at least 40 per cent of disability are eligible for reservations in education and employment, and preference in Government schemes.

Madam, I am here to speak on one of (320) the very significant Bills on social inclusiveness and development. The Rights of Persons with Disabilities Bill, 2016 addresses the concerns of arguably the most marginalized section of the Indian society. It covers as many as 19 conditions, which is nearly three times the number of disabilities according to 1955 law. The previous Bill, as I already said, was introduced by Shri Kharge, the then Minister concerned. The current Bill had added some more conditions to that Bill, and I wholeheartedly welcome this Bill and I would give some suggestions on this Bill. This Bill will benefit a large (420) number of individuals with multiple impairments, who are the most disadvantaged section of people amongst the citizens. In addition, I have already given 12 amendments on this Bill. I hope that the Government would consider those amendments. Regarding reservation, the earlier Bill, which was introduced by Shri Mallikarajun Kharge in 2014, had five per cent reservation. One can see that. (480) But the present Government has reduced it from five per cent to four per cent. How can it be justified? On the one hand, they have already widened the number of disabilities from 19 to 21. The earlier Bill had only 19 disabilities, and now it has 21. But the quota of reservation has been reduced (560) from five per cent to four per cent. I would request that it should be increased. Madam, as per the provisions of the Bill, what is the per centage of vacancies for disabilities? They are: (a) one per cent is for blindness and low vision; (b) one per cent is for deaf and hard of hearing; (c) one per cent is for locomotor disability including cerebral palsy, leprosy, cured, dwarfism, acid attack victims and muscular dystrophy; (d) one per cent is for autism, intellectual disability, specific learning disability and mental illness; and (e) one per cent is for multiple disabilities from amongst persons under (640) clauses (a) to (d) including deaf-blindness in the posts identified for each disabilities. Madam, there are five categories of disabilities here in this Bill itself. But four per cent is there for five categories. At least, we should provide one percentage for each category. It was already stated in the earlier Bill. Why is the Government reducing it to four percentages? I would, therefore, suggest that it should be made (700) as five per cent. Madam, as far as the concession of education is concerned, the Bill says that ‘the appropriate Government and the local authorities shall endeavour that all educational institutions funded or recognized by them provide inclusive education to the children with disabilities.’

Madam, we all know that now, large-scale educational institutions are in unaided sectors. But here, the Bill only provides the institutions funded or recognized by the Government, Government or Government-aided educational institutions. My point is that why should they not include unaided institutions also? (800) I am appealing the Government to incorporate the unaided institutions also in the provision. Madam, many Government schemes have been stated in this Bill and I welcome them. Under the Government schemes, the physically disabled persons will get 25 per cent. (840) But I am arguing that it should be increased from 25 per cent to 30 per cent. Regarding job reservation, four per cent has been provided in the Bill. You have only given four per cent reservation. What you have said is: “Within the limits of their economic capacity and development”. A condition has been imposed for reservation in the private sector. As far as the Government sector is concerned, it is okay but for reservation in private sector, a condition has been imposed, ‘within the limits of their economic capacity and development’. That is a real excuse for them. Everybody will say that they are not economically viable and these old private institutions will give statistics accordingly. Therefore, that condition should be omitted. (960) That is my suggestion.

Nowadays, we are giving two per cent reservation for physically handicapped persons. What is happening? (980) All the private institutions are not taking care of these things. It is implemented only in Government sector which is also not happening usually. Every private institution or company should also come into the purview of this Bill. Therefore, that economic condition or development condition is not needed in this legislation. That is my suggestion. As far as the provision of Commissioner is concerned, a lot of verdicts have come from Supreme Court and various High Courts of the country that there is not much mandatory power for the Commissioner. That was the lacuna in the last Bill. Here also you are not giving sufficient powers to the Commissioner itself. The same thing is repeated here. Therefore, I am suggesting that more powers should be given to the Commissioners. As far as the committees are concerned, you have (1120) the national level committees, the State level committees and the district level committees for the redressal of grievances and discussing other things. As far as the district level committees are concerned, there is no people’s representative in these committees. In every committee, people’s representative is there, then why are you avoiding MPs, MLAs and other representatives of the people in these district level committees to sort out the issues? There are physically handicapped persons. Their welfare schemes are there. If there is any lacuna in their welfare schemes, we should have a thorough discussion at the district level committees itself. Therefore, people’s representatives should be there in these district level committees also. There is no representation of Members of Parliament in the State level committees also. Therefore, in the State level Committee, the representation of Members of Parliament should also be there. (1260) That is my suggestion. Madam, several favourable orders, given by the Chief Commissioners, have been quashed by the (1280) courts on the grounds that the Commissioners have no powers. This Bill is also dealing in the same manner. It should be changed. Actually, this Bill is brought with some major changes in the 1995 Act. I am totally agreeing with the view of the Government that this Bill has been introduced without any political advantage. This Bill was brought by UPA and you have made some more amendments. That is why this Bill is introduced here. This Bill will create a remarkable change in the lives of the disabled people of India. Therefore, Madam, with these suggestions and amendments, I am expecting that the hon. Minister will accept our humble amendments which will strengthen this legislation. With these words, I am concluding my speech. I am supporting this Bill. (1410)

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DICTATION EXERCISE - 8

I deem it a great privilege and honour to welcome you all to this historic occasion in this special sitting of this august House to commemorate the 125th Birth Anniversary of Dr. B.R. Ambedkar. On this day on 26th November, 1949, 66 years ago, the Constituent Assembly had adopted the Constitution of India and now this day is being celebrated as the Constitution Day. Let us at the outset pay our homage to the revered memory of Dr. B.R. Ambedkar, the Chairman of the Drafting Committee and the principal architects of the constitution and also to the memory of all the sagacious minds who were the distinguished members of the Constituent Assembly who with their political acumen and wisdom laid the foundation of the vibrant democracy in our country.

It is most befitting that we should have a two days (140) special sitting of the House during the Sixth Session of the Sixteenth Lok Sabha to discuss our commitment to India's Constitution. (160) Our Constitution is our supreme national document which reflects the values, ideals and our thoughts which are embedded in our national conscience. This is also manifestation of age old ethos and ideology of Indian society and it is the main protector of the Constitutional ideals, values and rights of the citizens. Recognizing the centrality of the Constitution in our democratic polity, let us today bow our heads in reverence to the founding fathers of the republic who bequeathed to us this monumental document. The first Law Minister of Independent India, Dr. Ambedkar was also the chairman of the Drafting Committee of the Indian Constitution which comprised eminent luminaries like Shri K.M. Munshi, Shri Alladi Krishnaswamy Iyer, Shri N. Gopalaswami Ayengar, (280) Shri Madhav Rao, Md. Saadullah , Shri B.L. Mittar, Shri D.P. Khaitan and Shri T.T. Krishnamachari. I would like to make a special mention of Shri B.N. Rao who had presented that draft of the Constitution on which the (320) Drafting Committee of the Constitution worked under the Chairmanship of Dr. Ambedkar. Combining tremendous foresight and erudite scholarship, they elaborated the philosophy and wisdom behind various provisions of the draft Constitution. The ideals and principles as enshrined in the Preamble to the Constitution set out the fundamental nature of our Constitution. The Preamble begins with the words 'We, the people of India' which places the people at the centre of our democratic setup. The Preamble declares that we have given to ourselves this Constitution to constitute India into a sovereign, socialist, secular democratic republic and set out the basic principles (420) of justice, liberty, equality and fraternity to be granted to every citizen in their dealings with the State and with each other.

During the last 65 years, our Constitution has risen to the time and occasion. The ideals and values set out by our Constitution are the soul of our vibrant democracy. Our Constitution has established the rule of law (480) and has steered the direction for achieving social, economic and political objectives. The ideals and values of the Constitution have strengthened the social fabric of our democracy giving stability to its political democracy. I hope and believe that we can strengthen the basic concept of unity in diversity in our political set-up by adhering to the enlightened values set out by our founding fathers. The constitutional jurists have identified various features of the Constitution as basic or fundamental to it. (560) The most important of these include the parliamentary system of government, Fundamental Rights, Directive Principles, secularism, the protection of minority rights , federalism, republicanism, the people as masters of their destiny, independence of Judiciary and the power of judicial review. The basic structure doctrine has evolved over the years and several features have been progressively incorporated that cannot be tampered with by any organ of the state. In that sense, our constitution is partly adaptable to the changing times and (640) partly immutable especially in its basic nature.

In adopting our Constitution, our founding fathers have chosen parliamentary democracy as the system of governance for the nascent Republic as in the parliamentary democracy, the assessment and evaluation of the Executive is carried out on daily and periodical basis. On one hand, the daily assessment is carried out by hon. Members through (700) different parliamentary instruments like Parliamentary Questions, Resolutions, No Confidence Motions, Adjournment Motions and debate.  On the other hand, periodical assessment is carried out by voters during elections. The Draft Constitution while recommending the parliamentary system of governance has given priority to more duties over more stability. India is, indeed, recognized globally as the largest democracy in the world as the centrality of the people in our democracy has been attested to by casting their votes with their discretion and wisdom in sixteen General Elections and have also changed the governments eight times ensuring smooth transition of power. Undoubtedly, our people have (800) successfully worked a democratic constitution and shown our commitment to a democratic polity and democratic way of life.

Here, I would like to quote our first President and chairman of Constituent Assembly Dr. Rajendra Prasad who had expressed his unflinching (840) faith in the democratic maturity of the people.  I quote: "Some people have doubted the wisdom of adult franchise, personally, although I look upon it as an experiment the result of which no one will be able to forecast today, in my opinion, our people possess intelligence and common sense. They also have a culture which the sophisticated people of today may not appreciate, but which is solid. They are not literate and do not possess the mechanical skill of reading and writing. But, I have no doubt     in my mind that they are able to take measure of their own interest and also of the interest of the country at large if things are explained to them." Our Constitution, while (960) focusing on Fundamental Rights, has guaranteed equal rights to all citizens. It grants each person the freedom of faith, religion and worship. (980) Top of all, it provides direct access to the highest court of the land to enforce any of the Fundamental Rights whenever and wherever they are infringed or suppressed. We have a liberal polity which ensures the trinity of 'Liberty, Equality and Justice' as central to the scheme of governance in our democracy. Common good is as important as individual rights and freedom. India has successfully assimilated the unity in diversity in its institutional democracy. The impact of the civil society and citizens' network is part of the process of our policy formation. The criticism and dissent are a part of our democracy especially through media and intellectual discourses.

It is pertinent to mention the words of Dr. Rajendra Prasad in the debate of the Constituent Assembly in this context: "We have prepared a democratic Constitution. But successful (1120) working of democratic institutions requires in those who have to work them, willingness to respect the view points of others, capacity for compromise and accommodation. Many things which cannot be written in a Constitution are done by conventions. Let me hope that we shall show those capacities and develop those conventions." The Directive Principles of the State policy in our Constitution seek to secure and protect a just social order. Social justice and inclusive development are central to our development programme. There are various provisions in our Constitution to strive to achieve them in an atmosphere of social harmony. In our Parliamentary democracy, it is endeavoured to ensure peaceful co-existence and progress of all communities irrespective of caste, creed, religion and language. People of all faiths, sects and ideology live in our country. These are our social ethos, culture to (1260) have respect for each other’s views and promote goodwill for all religions. Over the years, democratization at all levels and (1280) across different sections of the society has deepened our democratic experience. The heightened political activism has brought into focus the interests and the aspirations of the hitherto marginalized sections. The dramatic increase in the number of political parties representing a diverse range of interests has also accentuated the federal character of our polity enabling us to maintain unity in diversity. The alliance governments completing their terms are indicative of our political maturity. In the presence of political parties in large number, the representation of as many as 35 parties together with independent leaders is a testimony to our political pluralism and strength of our democracy. Our Constitution provides for strong institutions as the fundamental pillars of our democracy. (1400) Most importantly, the three organs of the state - the Legislature, the Executive and the Judiciary - while being separate institutions, are the creation of the Constitution and draw their authority from it. The Constitution visualizes all the three organs of the (1440) State to work as coordinate partners in ensuring good governance. It does this by providing exhaustive provisions to give more certainty and stability into the system so as to prevent them from becoming competing centres of powers. It does not contemplate any assumption of the roles and functions of one organ by the other and respect each others jurisdiction. They will continue to do so in future as well which is what is expected from them. I am glad to say that the flexibility in our Constitution has enabled our Parliament to initiate and enact various amendments to the Constitution (1540) having far reaching significance. It has made possible for us to institute affirmative action measures for the socially and economically backward segments of the society together with provision for equal justice for poor and marginalized sections and free legal aid. It has also enabled us to have right to education as fundamental right in our Constitution. (1596)