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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II-Section 2

PUBLISHED BY AUTHORITY

No. 52] nEW DELHI, FRIDAY, OCTOBER 22, 1982/ASVlNA 30, 1904

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 R a j ya Sabha on the, 22nd

October, 1982 —

BILL No. XXIX OF 1982

A Bill further to amend the Constitution of India

1. This Act may be called the Constitution (Amendment)' Act,'1982.

Short title

2 After article 343 of the Constitution the following new article shall

be inserted, namely —

Insertion of new article 343A

"343A, (1) All languages specified in the Eighth Schedule shall be treated as National languages and shall receive equal recognition and support for their promotion

National languages of the Union (2) Any other language which is declared as mother-tongue by at least one per cent of the people of the country in a decennal census and which is recognised as a literary language by the Sahitya Akademi shall, upon the publication of the communication of the said Akademi in the official Gazette of the Union about such recogni- tion stand specified in the Eighth Schedule "

(1)

STATEMENT OF OBJECTS AND REASONS

The Eighth Schedule originally included only fourteen languages which included Sanskrit, a classicial language which is not the mother- tongue of any sizeable section of the national community. Later, by an amendment, Sindhi was added.

Since the commencement of the Constitution persistent demands have been made for the inclusion of various languages which are spoken bv a substantial number of people; have been declared as mother-tongue during the Census; have a rich literature; have been recognised as lite- rary languages by the Sahitya Akademi, and whose writers have quali- fied for the membership of the General Council of the Akademi as well as for annual awards. These languages include Dogri, Konkani, Mai- thili and Nepali. There are other languages as well as large number of dialects which have been claimed as mother-tongue by millions of people and which are bound to come into their own in due course leading to similar demands for inclusion in the family of national lan- guages.

All languages in the Eighth Schedule are treated as national lan- guages though not all of them are the official languages of any State or the Union but they all receive State patronage for their development.

Unfortunately, the Constitution does not treat the languages as dynamic and, therefore, it does not lay down any procedure for recog- nition of other languages as national or "Scheduled Language".

The Bill proposes that experts rather than laymen, academicians or politicians should decide when a language has come of age and deserves to be included in the Eighth Schedule. The Sahitya Akademi could be the appropriate body of experts and academicians for the purpose.

The immediate effect of the Bill would be to include above four lang- uages in the Eighth Schedule.

Hence this Bill.

SYED SHAHABUDDIN

II

BILL NO. XXXI OF 1982

A Bill farther to amend the Constitution of India.

BE it enacted by Parliament in the Thirty-third Year of the Republic of India as follows: —

1. This Act may be called the Constitution (Amendment) Act, 1982. Short title.

2. In article 16 of the Constitution, after clause (3) the following clause shall be inserted namely: —

Amend- ment of article 16.

" (3 A) Nothing in this article shall prevent the State from making any law denning the classes of persons who are, or shall be, perma- nent residents of the State or conferring on such permanent residents any special rights and privileges or imposing any restrictions upon other persons in respect of,—

(a) employment under a State Government, or

(b) acquisition of immovable property in a State, or

(c) settlement in a State,

and no such law hereafter enacted by the legislature of the State shall be deemed to be void on the ground that it is inconsistent with, or takes away, or abridges any of the rights conferred on a citizen by this Part.

3. In article 19 of the Constitution, for clause (5), the following clause

shall be substituted, namely: —

Amend- ment of article 19.

" (5) Nothing in sub-clauses (d) and (e) of the said clause shall affect the operation of any existing law or shall prevent the State from making any law imposing reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general puBlic or the unity and integrity of India or for the protection of the interests of any Scheduled Tribe or for the protection and preservation of polit;cal, cultural and linguis- tic identity of a State having a permanent and historic background of language and culture."

4. In article 30 of the Constitution, to clause (1) the following

proviso shall be added, namely: —

Amend- ment of article 30.

Provided that the regional language shall be taught compulsorilv in all educational institutions established and maintained by minorities based on religion and language in a State.

5. Article 347 of the Constitution shall be omitted.

Omissi- on of article

347.

SECJ i1 TOT GAZETTE,-¹ QF W"}A BXTBAOB^lHARV 5,

STATEMENT OF OBJECTS AND REASONS

The framers of the Constitution of India opted for a federal type of Constitution realising the multi-national character of India. India has, therefore, been described as "a Union of State". The State have been reorganised, among others, on the basis of permanent historic identity of language and culture. The political, linguistic and cultural identities of all the federated States should therefore be safeguarded and all the States should be brought at par if the unity and integrity ot the country is to be preserved and strengthened.

The people of Assam and other States in the North-Eastern region have got the apprehension that their identities will be lost as a result of un-restricted migration from other States of the country and infiltra- tion from the neighbouring Bangladesh. The example of Sikkim and Tripura, where the indigenous people have been reduced to minority by such migration, is fresh in their minds. It is this apprehension that is at the root of the massive and longdrawn mass movement in Assam on Foreign Nationals issue. In fact the Assam movement has focussed the attention of the Nation to a very vital issue of preservation of the cultural and linguistic identities of the smaller nationalities of the smaller States.

BILL NO. XXVII OF 1982

A Bill to provide for the application of the principles of secularism in

Government and administration.

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

of India as follows: —

1. (1) This Act may be called the Promotion of Secularism Act, 1982.

(2) It extends to the whole of India.

Short title and extent.

2. In this Act, unless the context otherwise requires,—

Defini- tions.

(a) "Force", "fraud" and "inducement" shall have the mean-

ings assigned to them in the Indian Penal Code;

(b) "religion" means the faith which a person professes;

(c) "secularism" means the separation of the State and religion as well as non-discrimination by the State among citizens on the basis of religion.

3. Every citizen shall have the right to profese and practise the

religion of his choice or follow the faith or form of worship as he deems fit and shall have the right peacefully to propagate his religion, faith or form of worship in order to persuade others to join his religion, faith or Right to profess and practise religion.

form of worship.

State not to interfere in religious matters.

45 of I860.

4. The State shall not interfere with the freedom of conscience and the right to freely profess, practise and propagate religion, faith or form of worship and shall protect every citizen from interference by others provided that in case of allegation of use of force, fraud or inducement or of physical threat or fear of such threat in the matter of exercise of such freedom the provisions of the Indian Penal Code 1860 shall apply on complaint being filed by the aggrieved citizen.

5. (1) The State shall allot public land for construction of places of worship, graveyards, cemeteries, seminaries, and institutions for religious education on equitable terms and shall not cause any property, where religious worship is held or any religious rite is performed, to be removed, altered or changed in any manner except with the written consent of the affected people:

Provided that where the public purpose requires such removal, alteration or change, the State shall notify it in the Official Gazette and may acquire it after giving due opportunity to the affected people to be heard and after providing alternative place for practice of religious worship or religious rite, as the case may be.

Allot- ment of land by State for religious purposes and removal o£ unautho- rised occupa- tion of religious places.

40 of 1971.

(2) The provisions and procedures contained in the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 shall apply in relation to the unauthorised occupation of the religious places as they apply in relation to the unauthorised occupation of the public premises.

fi. The State shall not permit any religious worship, or right or •ritual or ceremony or symbol at any State function or on official occasion in any public premises.

State not to permit official religous functions.

7. The State shall not incur any expenditure on the visit of public functionaries to religious shrines or places of pilgrimage, except in course of public duty.

S. (1) There shall be appointed a Commission every five years to review the representation of various religious groups in Government services, employment in the public sector and in access to higher educa- tion and to suggest remedial measures for avoiding over or unaer- representation of any religious group in such service or employment or education.

State not to incur expendi- ture. State to appoint a Com- mission to review Secula- rism.

(2) The Commission shall consist of three Members of whom the Chairman shall be a person who has been, or is eligible to serve as, a Judge of a High Court or has been a Secretary to the Government of India.

9. The State shall, as far as possible, ensure balance among all

religious groups in all its discretionary appointments.

State to ensure balance among religious groups.

10. The provisions of this Act shall have effect notwithstanding any- thing inconsistent therewith contained in any other law for the time being in force,

Act to have over- riding effect,

Hence th'is Bill:

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