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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY PART II—Section 2 PUBLISHED BY AUTHORITY

No. 36] NEW DELHI, FRIDAY, SEPTEMBER 18, 1964/BHADRA 27, 1886

Separate paging is given to this Part in order that it may be filed as a separate compilation

RAJYA SABHA

The following Bills were introduced in the Rajya Sabha on the 18th September, 1964:—

BILL NO. XI OF 1964

a bill to provide for immunity to Members of Parliament and State

Legislatures from detention without trial.

BE it enacted by Parliament in the Fifteenth Year 01 the Republic of India as follows: —

1. This Act may be called the Members of Parliament and State Short title.

Legislatures (Immunity from Detention) Act, 1964.

2. Notwithstanding anything contained in any law for the time being in force, no Member of Parliament or of a House of the Legis lature of a State shall be detained in custody without trial.

Immunity of Members of Parliament and State Legislatures detention without trial.

(573)

443 G of I Ex—1.

574 THE GAZETTE OF INDIA EXTRAORDINARY [PART II

STATEMENT OF OBJECTS AND REASONS

In our country, Members of Parliament and of the State Legisla- tures do not enjoy immunity from arrest and imprisonment, not even from detention without trial. In order to uphold the dignity of Parliament and the Legislatures of the States as also in the public interest, it is necessary to provide for such members Immunity from detention in custody without trial.

Hence this Bill,

BHUPESH GUPTA.

SEC 2] THE GAZETTE OF INDIA EXTRAORDINARY 575

BILL NO. IX OF 1964

a bill further to amend the Constitution of India.

BE it enacted by Parliament in the Fifteenth year of the Re- public of India as follows: —

Shon title.

1. This Act may be called the Constitution (Amendment) Act 1964.

2. In article 143 of the Constitution, to clause (1), the following proviso shall be added, namely:—

Amcndmcn of article 143.

"Provided that if not less than one-tenth of the total num ber of members of Parliament make a representation to the President in writing that any Bill pending before either Hous< of Parliament contains provision which in their opinion take! away or abridges any of the rights conferred by Part III, the President shall refer every such Bill to the Supreme Court fop its opinion and either House of Parliament shall not proceec with that Bill until such opinion has been obtained."

576 THE GAZETTE OF INDIA EXTRAORDINARY [PART II

STATEMENT OF OBJECTS AND REASONS

Under article 143 of the Constitution, the President may consult the Supreme Court for its advisory opinion if it appears that a ques- tion of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it. Instances may arise in the future as they have arisen in the past, when serious doubts may be entertained by members of Parliament that the provisions of a Hill pending before Parliament might violate the fundamental rights conferred by Part III of the Constitution. It seems necessary to make it obligatory for the President to refer all. such Bills to the Supreme Court fox its advisory opinion before Parliament proceeds with them, so that Parliament HM\ not enact legislation which the courts might declare void subsequently. Hence this Bill.

BHUPESH GUPTA.

SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 577

BILL NO. VTII OF 1964

a bill further to amend the Constitution of India.

BE it enacted by Parliament in the Fifteenth Year of the Repub-

lic of India as fellow's¹—

Short tide.

1. Thia Act may be called the Constitution (Amendment) Act,

1964

Amendment

of Ankle

091.

2 Article 201 of the Constitution shall b"e re-numbered as clause (1) of that article and after the Bald clause as so re-numbered, the following clause shall be inserted, namely: —

" (2) No payment under this article shall be made aft er thi

31st dav of December, 1964"

443 G of I Bac—".

<7S THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 2]

STATEMENT OF OBJECTS AND REASONS

The circumstances under which the privy purses were originally given to the erstwhile rulers of Indian States have changed. During the last 16 years, these ex-rulers have drawn huge amounts from the exchequer as privy purses apart from enjoying a number of other privileges. In addition to the privy purses, they also are own- ers of huge properties, treasures and other material wealth.

In view of the objectives of social justice of removal of wide dis- parities in income, and the widespread public demand for the aboli- tion of such privileges, it is incongruous to continue the payment of privy purses.

Hence the Bill.

BHUPESH GUPTA.

B. N. BANERJEE,

Secretary.

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