Proceedings of the Emergent Session of the Meghalaya Legislative Assembly held at 9 A. m. on the 28th July in the Assembly Chamber Shillong with the Hon'ble Speaker in the Chair

Announcement by the Speaker

Mr. Speaker :- Hon. Members are aware that this Session has been summoned to enable the House to consider the Amendments to the Constitution proposed through the Constitution (39th Amendments) Bill, 1975, as passed by the two Houses of Parliament. As you know, during the period of emergency, every State Legislature also has to adopt certain special procedures. However, till today we are not in a position to ascertain what will be those procedure to be adopted in the next Session if ever it is held during the period of emergency. This point will have to be discussed in the next Presiding Officers' Conference which will be held at Delhi in the third week of August, 1975 and perhaps after the Conference we will be able to evolve a proper procedure which each and every House of the Legislature will have to adopt during the period of emergency. I am sure you have studied the provisions of the Bill passed by the two Houses of Parliament. I think you are very much in the Constitution will have the effect of ousting or restricting the jurisdiction of the Supreme Court and the High Court. The amendments may be regarded as making changes in some of the entrenched provisions specified in clause (2) of the proviso to Art.368 of the Constitution namely, Chapter IV of Part V and Chapter V of Part VI. Hence the ratification to the amendment by one-half of the State Legislatures is necessary. Now I call upon the Minister-in-charge of Law to move.

Ratification of the Constitution (Thirty-ninth Amendment) Bill, 1975

Shri B.B. Lyngdoh (Minister-in-charge of Law) :- Mr. Speaker, Sir, I beg to move that this House ratifies the amendments to the Constitution of India falling within the purview of the proviso to Clause (2) of Article 368 thereof, proposed to be made by the Constitution (Thirty-ninth Amendment) Bill, 1975, as passed by the two Houses of parliament, and the short title of which has been changed into "The Constitution (Thirty-eight Amendment) Act, 1975".

Mr. Speaker :-Motion moved.

Prof M.N. Majaw :- Mr. Speaker, Sir, on a point of information, may we know whether some of our rules of procedures have been suspended. I am referring to Rule 69 where it says - "Whenever a Bill seeking to replace an Ordinance with or without modification is introduced in the House, there shall be placed before the House along with the Bill statement explaining the circumstances which had necessitated immediate legislation by Ordinance". Further whenever an Ordinance which embodies wholly or partly or with modification the provisions of a bill pending before the House, etc". May I point out that there are provisions of this Constitutional Amendment Bill governed by an radiance issued earlier. But the Statement of objects and Reasons does not mention the reasons for the ordinance. May we have some background information from the Law Minister, please?

Shri B.B. Lyngdoh (Minister-in-charge of Law) :- The last sentence I have forgotten. 

Prof M.N. Majaw :- In the Statement of Objects and Reasons there is no reference at all to these reasons although the Rules of Procedure provide that there should be a statement explaining the circumstances for the Ordinance. 

Shri B.B. Lyngdoh (Minister, Law) :- The Ordinances are not before us. The amendments to the Constitution are with us.

Prof M.N. Majaw :- I think the Hon'ble Law Minister has not got my point. There are some provisions of this Bill which relate to the Ordinances that were issued earlier last month and in this month also. Now some reference should have been made to this in the Statement of Objects and Reasons. May we have some information on this? 

Shri B.B. Lyngdoh (Minister, Law) :- I have said that the Ordinances  are not before us and are the concern of Parliament and we are here not to approve the Ordinances, Sir.

Prof. M.N. Majaw :- But we have been asked to approve the entire Bill, including the Statement of Objects and Reasons, which I feel is not very complete. 

Mr. Speaker :- Usually when an Ordinances is promulgated by the President it shall be the duty of the Government of India to place the Ordinances on the floor of the two Houses of Parliament. The State Legislatures have nothing to do with tan ordinance promulgate by the President. But this House is to consider whether the Constitution (Amendment) Bill as passed by the two Houses of Parliament can be ratified by this House o not. This is the main question. 

        Since there is no other point raised by any other hon. Member, let me now put the main question before the House. The question is that this House ratifies the Amendment to the Constitution of India falling within the purview of proviso to Clause (2) of Article 368 thereof proposed to be made by the Constitution (39th Amendment) Bill, 1975 as passed by the two Houses of Parliament and the short title of which has been changed into "The Constitution (Thirty-eighth Amendments) Act, 1975. (The Motion was carried). 

        Let us pass on to the next item., i.e., Obituary. Let the Chief Minister initiate. 

Shri W.A. Sangma (Chief Minister) :- Mr. Speaker, Sir, with your permission, I would like to make a few obituary references as follows :-

        Shri Durga Prasad Dhar, Indian Ambassador to the Soviet Union, passed away on the 12th June, 1975, at the age of 57.

        Born on April 24, 1918, Shri D. P. Dhar took his bachelor's Degree from the Punjab University and the LLB from Lucknow University.

        Shri Dhar joined the Quit Kashmir Movement launched by Sheikh Abdullah against Maharaja Hari Singh in 1946. When the Sheikh became the State's Prime Minister in 1948, he was appointed Home Secretary and later on as Deputy Home Minister. He was a member of the Indian Delegations to the United Nations Security Council meeting in 1949 and a member of the Indian Delegation to the Paris Session of the U.N General Assembly in 1952. 

        Shri Dhar was a Member of the State Constituent Assembly from 1951 to 1957 which confirmed Kashmir's accession to India. He was also a Member of the State Assembly from 1957 to 1967, and was appointed Cabinet Minister and was in-charge of various portfolios.

        Shri D. P. Dhar was appointed as an Ambassador of India to the Soviet Union in 1969 an  held the post till 1971. He was appointed Chairman of the Policy Planning Committee in the Ministry of External Affairs. 

        He was elected unopposed to the Rajya Sabha from Jammu and Kashmir State in 1972 and become Union Minister for Planning in July, 1972.

        Shri D. P. Dhar was appointed Ambassador to the Soviet Union again in February, 1975 and held the post till his death.

        In his death, the country had lost an eminent patriot, an able administrator and one of the finest exponents of composite culture. 

        Mr. Babubhai Manellala Chainai graduated from Shri Parsuram Bhau College, Poona, and also secured a Degree from the Jubilee Technical Institute in 1925. In 1930 he took part in Mahatma Gandhi's Salt Satyagraha, and in the 1942 he was a member of the 'Shadow Committee' of the Quit India Movement and was arrested. The following year, after his release, he was elected a member of the Bombay Municipal Corporation and the year after, an Honorary Treasurer of the All India Congress Committee meeting held in Bombay Legislative Council in 1952, he represented the country at various Conferences of the World, including one in Japan and at several International Labour Conferences in Geneva. 

        He was a Member of the Rajya Sabha from 1953 until the time of his death.  

        Mr. Chainai was President of several industrial organisations and advisory bodies like the Indian National Committee of the International Chamber of Commerce, the National Shipping Board and the Economic and Scientific Research Foundation.

        Mr. Chainai was awarded the Padma Bhusan in 1966 in recognition of his contribution to industry, especially textiles and social work.

        In his death, the country had lost a great patriot and a parliamentarian. 

        Mohammad. Khuda Bukhsh, a Member of the Lok Sabha, passed away suddenly on the 24th July, 1975 at the age of 62.

        Md. Khuda Bukhsh, who represented the Murshidabad Constituency in West Bengal, was a Member of the First and Second Lok Sabha from 1952 to 1962 and was or some time a Member of the West Bengal Assembly.   

        In his death, the country had lost a Parliamentarian, a sober minded gentleman with dignified manners. 

Mr. Speaker :- Any other hon. Member?

Shri Maham Singh :- Mr. Speaker, Sir, I join with the Leader of the House in offering a few obituary references to those great leaders of our country. Mr. Speaker, Sir, on the death of Shri Durga Prasad Dhar, we have lost a great statesman and an able administrator. He was a great freedom fighter right from his student life and he played a very important role in the defence of inflation in the country. Mr. Speaker, Sir, Shri Durga Prasad Dhar was a great believer of socialism and secularism and he fought very courageously for the people who were downtrodden and the poor. Besides him, we have also a great leader like Shri Babubhai Maneklal Chainai who was also a great freedom fighter, who had contributed a great deal towards the industrial development of our country. So also, our country had lost an eminent patriot and great leader in the person like Shri Mohammad Khuda Bukhsh. Mr. Speaker, Sir, their passing away had been a great loss to the nation and our country. 

Shri S.D. Khongwir :- Mr. Speaker, Sir, we also would like to express the sentiment of grief's at the passing away of those illustrations sons of India. We, therefore, offer our heartfelt condolence to the bereaved families. 

Mr. Speaker :- I share the sentiments expressed by the Leader of the House, the Leader of the House, the Leader of the Opposition and other hon. Members on the sad demise of Shri Durga Prasad Dhar, Shri Babubhai Maneklal Chainai and Mohammad Khuda Bukhsh.  

        Indeed the contributions made by each of these outstanding personalities are unique and the country today is certainly poorer by their sudden death.

        They were loved and respected through the country and it will be difficult to fill the void created by their demise. 

        May God grant them eternal rest and peace and also strength and fortitude to the members of the bereaved families to bear the loss. 

        Now, I request the hon. Members to rise in their seats and offer our silent prayers by observing two minutes' silence as a mark of respect to the departed souls. 

(The House observed two minutes' silence)


        Since there is no other business for the day, the House stands adjournment sine die.

Dated Shillong, Secretary,
The 28th July, 1975 Meghalaya Legislative Assembly.