A constitutional caravan in continuous motion

By P Dev Kumar

The Rajya Sabha has created history. It also contributed to history. Even during the just concluded 200th session!

Admittedly, we, as a nation, have come a long way leaving behind the debate on the relevance and the need for a second chamber of parliament. This is as much due to the ability of the House of Elders, as the Rajya Sabha is known, to steer clear of the concerns for the immediate.

The concept of second chamber in India goes back to the time Montague-Chelmsford Report was presented in 1918 on constitutional reforms in British India. The authors of the report suggested the replacement of the Central Legislative Council by two chambers- Council of State and the Legislative Assembly. It became a reality three years later under the Government of India Act, 1919.

When India became independent, the question was examined denovo in the Constituent Assembly. There were members who favoured a bicameral central legisalture, there were others who thought that the second chamber might prove to be a 'clog in the wheel of progress''.

Winding up the debate, Gopalaswami Iyengar, who moved the motion ( on the second chamber) told the Constituent Assembly: ''What we really achieve by the existence of this second chamber is an instrument by which we delay action which might be hastly conceived, and we also give an opportunity, perhaps to seasoned people who may not be in the thickest of political fray, but who might be willing to participate in the debate with an amount of learning and importance which do not ordinarily associate with the House of the People.

Philosopher Sarvepalli Radha- krishnan, as the first chairman of the Rajya Sabha, described the role of the House in his inimitable way thus: ''There is a general impression that this House cannot make or unkake governments and, therefore, it is a superfluous body. By there are functions, which revising Chamber can fulfil fruitfully. Parliament is not only a legislative but also a deliberative body. So far as its deliberative functions are concerned, it will be open to us to make very valuable contributions, and its will depend on our work whether we justify this two Chamber system, which is now an integral part of our Constitution''.

As Najma Heptullah, 'the longest deputy chairperson, says, how can any one say the Rajya Sabha has not exercised control over the government when it has contributed six Presidents- Radhakrishnan, Zakir Hussain, V V Giri, R Venkatraman, Shankar Dayal Sharma and K R Narayanan, two Prime Ministers Indira Gandhi and Hardhannahalli Doddegowda Deve Gowda and as many as three finance ministers- Pranab Mukherjee, Manmohan Singh and Jaswant Singh. And, when it prompted the Government of the day to seek a fresh mandate not once but twice.

Rajay Sabha cannot make or unmake the Government. The Government, however, is equally accountable to this House as well. When the treasury benches donot enjoy the majority in the house, as is the case these days, the ministers have to do a tight ropewalk and cannot afford to be lackadaisical in their work.

It is also true that the Rajya Sabha does not have a say in financial matters, as the money bills are the exclusive preserve of the Lok Sabha. Moreover, the Upper House does not vote on the demands for grants of various ministries, a matter which is exclusively reserved for the Lok Sabha.

Nonetheless, it has no mean role and powers in financial matters. The Constitution provides that the Annual Budget of the Union Government be laid before both House of Parliament, and Rajya Saha discusses the General Budget and the Railway Budget when the relevant appropriation bills are tabled for approval.

There is no provision for resolving a deadlock if it arises between the House of the People that is the Lok Sabha and the House of the States that is the Rajya Sabha. Joint sitting is the way out provided, of course, the treasury benches are able to muster the requisite majority to push their way through the legislative hurdles. Elders asserted their considered views on issues of national importance not once but four times.

Prime Minister Indira Gandhi found her way blocked in the Rajya Sabha on the privy purses. The House rejected the Constitution (Twenty-fourth Amendment) Bill, 1970, which aimed at abolishing the privy purses to the erstwhile Rajas and Maharajas. For Indira Gandhi it was a populist weapon in her fight against the Syndicate.

All this happened three decades ago. But the tense scene in the Rajya Sabha is still clearly etched in my memory. From the press gallery I saw Indira Gandhi, in a light lemon yellow colour saree, very impatient. Pathak, who was in the chair, also appeared ill at ease as the count down began for the final vote.

Those were the pre-computer days. There were no voting machines. Nor was there any electronic balloting. When the chair called for the vote, the Secretary General was seen passing on the voting slips. The delay in collecting the voting slips and tabulating the vote was taking time. Indira Gandhi was up on her feet several times. Obviously she wanted the chair to announce the result quickly. She obviously had some premonition about the ballot. And when the final tally was announced, a sudden stillness descended on the House.... ! What a narrow margin! What a turning point it was in Indian politics !

Late night sitting in the December of 1989 was no less exciting. Rajiv Gandhi was keen to usher in Panchayati Raj revolution in the country ignoring the barbs that he was keen to become Sarpanch of Patparganj, a trans-Yamuna locality in the capital and home for group housing societies floated by the Government employees and journalists. There was opposition from the BJP amongst others for his Constitution (sixty-fourth Amendment) Bill (Panchayat raj) and the Constitution (Sixty-fifth Amendment) Bill (urban local bodies). By now electronic voting has come to Parliament but counting of votes for and against the bills remained a time consuming process. The clock struck midnight as the Chairman Shankar Dayal Sharma announced the result. It was another turning point in our political history.

The foregoing was not to be construed that the Indian second chamber was obscurantist in its approach and it's thinking. Far from it. Rajya Sabha kick started many progressive legisation far ahead of their time. Like for instance law on medical termination of pregnancy, and changes in the marriage laws. Mrs Rukmini Devi Arundale, who needs no introduction, was instrumental, as a nominated member, in introducing a Bill to prevent cruelty against animals.

As an embodiment of the federal principle, the Rajya Sabha has been assigned certain special powers. Under Article 249 of the Constitution, it can adopt a resolution stating that Parliament should make laws with respect of any matter enumerated in the State List. The only caveat is that the move should be in national interest and it must be approved by a majority of not less than two -thirds of the members present and voting. Similarly, under Article 312, the Rajya Sabha can pave the way for creation of All India Services. Creation of Indian Engineering Service is an example.

By tradition and convention, Rajya Sabha is known as the House of elders. It is acquiring a youthful profile over the years. As of now, the average age of members is under sixty 58.53 years to be precise. Their occupational background and educational qualifications reflect the sea changes in our society. In the initial days, lawyers dominated the scene. They continue to be around but others have come to occupy space, particularly social workers, farmers and artists. Half a century ago, there were 109 Graduates, 45 Post Graduates and 19 doctorates. Now there are 127 Graduates (i.e nearly half the strength) 53 Post Graduates and about 30 Doctorates besides nine matriculates.

There has always been a dash of glamour in the House. From Nargis to Vyjayantimala and from Jayalalithaa to Shabana Azmi and Hema Malini, the tinsel world sent its most beautiful faces to the Rajya Sabha. They made their own contribution to the working of the parliamentary system. Let us remember Parliament is not mere sittings of the Rajya Sabha and the Rajya Sabha. Both houses conduct quite a significant amount of work in the committees, which seldom get the media attention.

India shares the unique distinction of having bicameral legislature with as many as 67 countries. Remarked Winston Churchill years ago: ''Show me a powerful, successful free and democratic constitution of a great sovereign state which has adopted the principle of single-chaimber government?''

To conclude, let me recall the remarks of perceptive observers, 'Rajya Sabha is a Constitution caravan that goes on continuously and ceaselessly, combining dignity with intense activity. (Syndicate Features)

We are Seraikis, not Punjabis, please

By Samuel Baid

A very large majority of the people of Punjab in Pakistan is striving for a homeland, ironically, in their own land. They are Seraikis who are spread over most of Southern Punjab and other provinces of Pakistan. They want a separate Seraiki province within Pakistan, but with administrative autonomy. That, according to their leader Taj Mohammad Langah, is the only way the Seraiki cultural heritage can be saved and their politico-economic deprivation and exploitation can be stopped.

Going by the speeches and statements of Seraiki leaders, it looks 56 years of independence have hardly made any difference to the common Seraiki who account for 60 per cent population of Punjab. Seraikis number four crores in Pakistan's population of 14 crores. Seraiki leader Langah told a World Seraiki Conference in London in September this year that his largest nationality of Pakistan was South Asia's most oppressed entity. "They are more oppressed than are Sindhis, Baloch, Pashtun and even Kashmiris. Their land is under the occupation of influential people. Local's number in Government jobs is almost nil. Industry, too, is as good as non-exisent although the Seraiki region produces one crore bales of cotton a year (the main foreign exchange earner for Pakistan). The region is controlled by police (mostly from northern Punjab), by feudal lords, pirs and sectarian forces. Educational institutions and hospitals are backward; roads are dilapidated and water resources are scarce. All these deprivations can be removed only by creating a separate Seraiki province with administrative autonomy," he said.

The Conference passed four resolutions: (1) Seraiki language should immediately be made the medium of instruction from primary to higher education level; (2) Punjab should be divided to create a separate Seraiki province; (3) The Army should transfer power to Parliament and the independence of the Judiciary and the Election Commission should be ensured and (4) Equitable water distribution among the provinces must also be ensured.

Seraikis say theirs had been an independent country until 1818 when first Sikh took over power here, then the British and then Punjabis after independence. It seems they accepted their position as part of Pakistani Punjab until 1968, when in the wake of anti-Ayub agitations, they launched a movement for the protection of their language and culture. The first achievement of this movement was a Seraiki conference which was held in Multan in 1973 to highlight injustices done to Seraiki language and culture in Punjab. The demand for a separate Seraiki province started from now on. Mr Langah, who is one of the founder members of the Pakistan People's Party (in 1967), says that Seraiki leaders' demand that the 1973 constitution should provide for a Seraiki province, was not accepted. Many Seraiki members of the National Assembly then refused to support this constitution. However, Seraikis remained loyal to the PPP.

The demand for a separate Seraiki province was raised by Mr Langah at a press conference in December 1983. This was the time when the Movement for the Restoration of Democracy had created insurgency-like conditions in Sindh against Gen Zia-ul-Haq's rule. Mr Langah told the press conference that Seraikis could not hope to get their rights unless there was a separate Seraiki province. In 1984 a Seraiki Suba Mahaz was set up. This was converted into Pakistan Seraiki Party (PSP) with Mr Langah as its chief.

The party issued a map of the proposed Seraikistan in 1991. It included Kala Bagh, Chakrala, Khushab, Kot Momen, Sargodha, Mianwali, Dera Ismail Khan, Bhakar, Salanwal, Jhang, Liya, Tonsa, Wuhwa, Dera Ghazi Khan, Muzaffargarh, Multan Khaniwal, Sahiwal, Pak Patan, Bhawalnagar, Daharhi, Fort Abbas, Rahimyar Khan, Sadiq Abad and Bhawalpur.

It should be noted that this map was issued when Ms Benazir Bhutto's Government had been sacked by President Ghulam Ishaq Khan and the new Prime Minister, Mr Nawaz Sharif, was talking of settling stranded Biharis in Bangladesh in southern Punjab i.e. Seraiki region. Between 1991 and 1993, there were widespread agitations in support of Seraikistan. The agitations stopped when Ms Bhutto returned to power in 1993.

The demand for Seraikistan should be seen in the light of the grievances of the local people. They are very proud of their language but the Government is not willing to recognise it. The electronic media hardly gives any importance to Seraiki programmes. Seraikis remind that in 1948, Mr Mohammad Ali Jinnah refused to recognise Bengali language and the result was the separation of Bengalis in 1971. However, the Seraiki leaders emphasised at the London conference that they wanted Seraikisan within Pakistan. But during their agitations between 1991 and 1993, they often threatened to begin a separatist movement if their demands were not accepted. In these years, they had come close to the father of Sindhi nationalism G.M. Syed who was demanding independent Sindh. Syed said he was willing to drop his demand if Seraikistan was created. Seraikis complain they produce 80 per cent of country's cotton besides wheat, oil, gas and uranium and account of 70 per cent of its foreign exchange earning. Yet their region is without industries. And the farmer remains a pauper. They say his condition will become worse if the Provisional Government goes ahead with its plan of corporate farming.

The region has only two universities, two medical colleges and one technical college. It is said 90 per cent educational institutions have no science teachers. When Mr Shahbaz Sharif was the Chief Minister of Punjab, he introduced the system of entry test for getting admission into medical colleges. The system has practically excluded Seraiki students from medical colleges.

The London conference has emphasised that Seraikis are not going to give up their demand. In fact Mr Langah has expressed his confidence that General Pervez Musharraf will himself create a separate Seraiki province. Langah said General Yahya Khan had created the province of Balochistan in 1969 and now the present General (Musharraf) would create a Seraiki province.