REGISTERED No. D-(D)-72
The Gazette of India
EXTRAORDINARY
PART II—Section 2
PUBLISHED BY AUTHORITY
No. 25] NEW DELHI, FRIDAY, MAY 2, 1975/VAISAKHA 12, 1897
Separate paging is given to tills Part in order that it may be filed
as a separate compilation
LOK SABHA
The followng Bills were introduced in Lok Sabha on 2nd May,
1975: —
BILL NO. 17 OF 1975
A Bill further to amend the Advocates Act, 1961
BE it enacted by Parliament in the Twenty-sixth Year of the Republic
of India as follows:—
1. (1) This Act may be called the Advocates (Amendment) Act, 1975.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government
Short title, extent and commence- ment.
may, by notification in the Official Gazette, appoint.
2. In section 46 of the Advocates Act, 1961, for the words "forty per
25 of 1961 cent", the words "ten per cent." shall be substituted.
Amend- ment of section 46.
36o THE GAZETTE OF INDIA EXTRAORDINARY [PART II-STATEMENT OF OBJECTS AND REASONS
State Bar Councils in India are actively taking interest in welfare schemes for advocates. Some of the schemes are (1) Group Insurance Scheme for Advocates, (2) Provident Fund Scheme, (3) Help to Indigent and Disabled Advocates and (4) Legal Aid to the Poor. But it is very difficult to implement them effectively without proper and adequate finances. The regular income of Councils comes from enrolment fees pro- vided under section 24 of the Advocates Act, 1961. Out of two hundred and fifty rupees collected from each enrolment forty per cent, goes to the Bar Council of India and remaining sixty per cent, goes to respective State Bar Council. Therefore, it is very difficult to act properly for the above mentioned schemes. So it is necessary to increase the percentage share of State Bar Councils to ninety per cent.
Hence this Bill.
NEW DELHI; LAXMINARAYAN PANDEYA.
The 21st February, 197&.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 361fim, No. 37 OF 1975
A Bill further to amend the Constitution of India
Bp it enacted by Parliament in the Twenty-sixth Year of the Republic
of India as follows: —
1. This Act may be called the Constitution (Amendment) Act, 1975. Short
title.
2. After article 326 of the Constitution, the following new article
shall be inserted, namely: —
Insertion of new article 326A.
"326A. The elections to the House of the People and to the Legis- lative Assembly of every State shall be on the basis of propor- tional representation, that is to say, the political parties which are contesting the elections shall be given seats in the respec- tive bodies on the basis of the proportion of votes polled by them, and as may be decided by Parliament by law.
362 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—STATEMENT OF OBJECTS AND REASONS
Since our electoral system has revealed several weaknesses, the coun- try is discussing various aspects of electoral reforms. It is necessary for us to evolve a new system which would make democracy more meaning- ful, vital and strong.
One of the serious weaknesses of the present electoral system is that the candidates who are elected, may not really represent the will of the electorate in many cases. A candidate, who is elected in a multi-cor- nered contest, might be one who could not even get the required number of votes to save his deposit. In multi-cornered contests in most of the constituencies in the country, the Party, which might sweep the polls and get a big majority in the House, might have got only a very low per- centage of the total votes polled. In the event of combined forces of op- position meeting the same party at polls, it might lose so heavily with the same percentage of votes, simply because it had to face a combined opposition.
As this is the case, in most cases the will of the electorate is so badly distorted that it might hardly reflect the decision of the electorate. This can be remedied to a considerable extent by adopting proportional re- presentation.
Besides this, an election on the basis of proportional representation would help to save the elections from the grip of casteism, communalism, regjonalism and such other dangerous trends. It would be difficult for money-power to Influence the elections too. This system would check the. mushroom growth of splinter political parties and groups, besides eliminating the menace of the so called independents from the field of elections.
Hence this Constitution amendment seeks to introduce proportional representation in the elections.
NEW DELHI; C. K. CHANDRAPPAN.
The 1st April, 1975.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 363BILL N&. 36 or 1975
A Bill further to amend the Constitution of India.
BE it enacted by Parliament in the Twenty-sixth Year of the Republic
of India as follows: —
1. This Act may be called the Constitution (Amendment) Act, 1975. Short title.
2. In the Eighth Schedule to the Constitution,—
(a) entries 3 to 6 shall be re-numbered as entries 4 to 7 respec- tively, and before entry "4" as so-numbered, the entry "3. Bhoj-
Amend- ment of Eighth sche- dule. puri." shall be inserted;
(b) entry "7" shall be re-numbered as entry "9", and before entry! "&" as so re-numbered the entry "8. Konkani." shall be in- serted;
(c) entries 8 to 10 shall be re-numbered as entries 11 to 13 res- pectively, and before entry "11" as so re-numbered, the entry "10. Manipuri." shall be inserted;
(d) entries 11 to 15 shall be re-numbered as entries 15 to 19 res-
pectively, and before entry "15" as so re-numbered, the entry "14. Rajasthani." shall inserted.
364 T HE GAZETTE OF INDIA EXTRAORDINARY [PABT I I - £ E C. 2]STATEMENT OF OBJECTS AND REASONS
It is very natural that various languages spoken in different parts of the country should find their due place in the life of our country, as the country marches forward. There are historical reasons for the suppres- sion of these in the past.
But after the country became independent and is striving to achieve national integration and unity, it is necessary that these questions should be tackled with sympathy and care.
Konkani is one of the languages of millions in Goa, Karnataka, Maharashtra and Kerala.
Manipur! is an ancient language of the people of Manipur and surroun- ding States.
Rajasthani is a language of great tradition.
Bhojpuri is a language with rich contribution.
The inclusion of languages in the Eighth Schedule to the Constitution does not pre-suppose any linguistic redivision of the country. '
But it means that the Constitution, and thereby the country gives due recognition to the languages included in the Eighth Schedule as one of the national languages of our country. It would satisfy the feelings and aspirations of the people of several regions which would help to strengthen the national integration and unity.
Hence this Bill.
NEW DELHI;
The 1st April, 1975. C. K. CHANDRAPPAN.
S. L. SHAKDHER,