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REGISTERED No. D-(D) -72

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 5] NEW DELHI, FRIDAY, FEBRUARY I, 1980/MAGHA 12, 1901

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 1st

February, 1980: —

I

BILL NO. XVIII OF 1979

A Bill further to amend, the Constitution of India,

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

1. This Act may be called the Constitution (Amendment) Act, 1979.

Short title.

Z. After article 24 of the Constitution, the following article shall be inserted, namely: —

"Right to Strike

Insertion of new- article 24A.

24A. All workers, agricultural, industrial or otherwise shall have the right to strike if their disputes with their employers are not settled by mutual negotiations."

Right of workers to strike.

( 4 5)

The full flowering of d^mocragy iq another name o£ socialism, acffeplftd by our people and PafHament *a the, reali"ityle goal ^Qf Spqial ppQg^S"- Etemocracy is retarded if the workers, be they in the industrial or in the agricultural sectors, and be they in the private or in public sectors are denied the right to strike if their ecpnornic or other grievances in their working process are not reinqyed, bpr mutual discussions with the employ- ers. This right to strike needs to be enshrined explicitly in the Constitu- tion of a democratic country for making the Constitution compatible with that ideal.

Hence this Bill

SHIVA CHANDRA JHA.

3K- v rm smm w mw wmtewnpim! j?

A #ill £o at^pifie for Filibusters i^ Parf^Tj^t and matters i^Gident^l thereto.

BE it encated by Parliament in the Thirty-first Year of the Republic of India as followB: —

1. (I) This Act may be called the Filibusters in Parliament Act, 1980. short

title and (2) It shall come into force on such date, as the Central Government commen- may, by notification in the Official Gazette, appoint. cement.

2. (1) There shall be a Filibuster in each House of Parliament. Filibus-

ter* In (2) The members of the Council of States and the members of the Parlla- House of the People shall, as soon as may be, choose a member each m e n t' from among themselves to be a Filibuster in the respective House aqd, so often as the office of Filibuster becomes vacant jtn each House, the respective House shall choose another member to be a Filibuster thereof.

3. It §hall be the duty and the right of Jhe Filibuster pf $ac& Uousg Duty of to filibuster or obstruct by his speeches the proceedings of $he I^ousie, Filibus- particularly those initiated by the Government. *er".

4. A member holding the office of Filibuster in the Council of States

Vacation and resig-

or the House of the People—

(a) shall vacate his office if he ceases to be a member of the

Council of States or the House of the People, as the case may be;

(b) may resign his office at any time, by writing under his hand

nation of, and remo- val from, the Office of Fili- buster.

addressed to the Chairman or the Speaker, as the case may be;

(c) may be removed from his office by a resolution of the res- pective House passed by a majority of all the then members of that House:

Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the Intention to move the resolution.

Salary of Filibus- ters.

5. The Filibusters shall be entitled to the same salary, allowances

and other facilities and amenities as provided in the case of Leaders of

Opposition in Parliament under the Salary and Allowances of Leaders of

Opposition in Parliament Act, 1977.

33 of 1&77.

STATEMENT OF OBJECTS AND REASONS

In a democracy the Members of the Legislative bodies, like the Lok Sabha and the Rajya Sabha, have every right to be forceful in opposing what they think should be opposed. They are, further, fully entitled to be vociferous on any situation, if so needed, even on the floor of the House. But such vociferous and even noisy scenes need to be planned. For this it becomes imperative to create the office of a Filibuster who should be elected by the Members of the respective Houses of Parlia- ment. The Filibuster would participate in tht proceedings of the- House and would be entitled to the time as allotted to him by the Busi- ness Advisory Committee of each House.

Hence this Bill.

SHIVA CHANDRA JHA

FINANCIAL MEMORANDUM

Clause 2 of the Bill provides for a Filibuster in each House of Parlia- ment. Clause 5 of the Bill provides for the salary, allowances and other entitlements of each Filibuster to be the same as are provided in the case of the Leaders of Opposition in Parliament under the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977.

2. The expenditure towards the above payments are, therefore, not such as could be precisely estimated at this stage. However, the ex- penditure will, approximately, be two lakh rupees per annum.

3. There will be no non-recurring expenditure.

in

BILL N O. XX OF 1979

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Thirty-first Year of the Republic of

India as follows: —

1. This Act may be called the Constitution (Amendment) Act, 1980.

Short title.

2. In article 4 of the Constitution,^

(a) in the marginal heading for the words "First and the Fourth

Amend- ment of article 4.

Schedules" the words "First Schedule" shall be substituted; and

(b) in clause (1) the words "and the Fourth Schedule" shall

be omitted,

3. In article 80 of the Constitution,—

(i) in clause (I), for sub-cla'iise (b), the following sub-clause

Amend- ment of article 80.

shall be substituted, namely:^

"(b) four representatives of each of the States and of the

Union territories.";

(ii) Clause (2) shall be omitted.

4. The Fourth Schedule to the Constitution shall be omitted.

OmiMion of the Fourth Schedule.

5<3 T HE GAZETTE OiJ I N D IA KXTRAOfi^UWfllY [FAHT U—Sac. 2]

STATEMENT OF OBJECTS AND REASONS

The present heavy representation in the Council of States is un- necessarily extravagant. Further, it does not reflect equality among the States and the Union territories inter se. However, socialism, which has been accepted by our people and Parliament as the realizable goal for social development, demands that a curb should be put on this un- necessary extravagance and all the States and the Union territories should be put on an equal footing in the matter of representation In the Council of States.

The Constitution, therefore, needs to be amended for making it

compatible with the requirements of socialism.

Hence this Bill.

SHIVA CHANDRA JHA

SJ S. BHALERAO,

Secretary-General.

n R N im BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD HIW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1980