TAMIL BLY

NADU LEGISLATIVE ASSEM

EIGHTH ASSEMBLY

THIRD SESSION (From 12th November 1986 to 22nd December 1986)

RESUME OF BUSINESS

Legislative Assembly Secretariat

Fort St. George, Madras-600 009

PREFACE

This publication contains a brief resume of the Business transacted by the Tamil Nadu

Legislative Assembly during its Third Session of the Eighth Tamil Nadu Legislative

Assembly held from 12th November 1986 to 25th November 1986 and on 22nd December

1986.

Madras-600 009, C.K. RAMASWAMY, Dated: 22nd December 1986. Secretary.

CONTENTS

Serial Number

(1)

Subject

(2)

PAGES

(3) I Summons 1

II Duration of the Meeting 1

III Prorogation 1

IV Sittings of the Assembly 1

V Obituary References 2

VI Condolence Resolutions 3

VII Panel of Chairmen 3

VIII Questions 3

IX Statement made by Ministers under Rule 111 of the Tamil Nadu Legislative Assembly Rules

4

X Calling Attention notices under Rule 55 of the Tamil Nadu Legislative Assembly Rules

4

XI Financial Business 7

XII Legislative Business 7

XIII Motions under Rule 192 of the Tamil Nadu Legislative Assembly Rules 11

XIV Government Resolutions 10

XV Resolution 13

XVI Government Motions 16

XVII Private Members Business 18

XVIII Privilege Matters 18

XIX Ruling given by Hon. Speaker 19

XX Presentation of Committee Reports 21

XXI Annual Financial Statements for 1986-87 and Supplementary Financial Statement for 1985-86 of the Tamil Nadu Electricity Board

22

XXII Special Reference 22

XXIII Return of Assets 22

XXIV Papers laid on the Table of the House 22

1

TAMIL NADU LEGISLATIVE ASSEMBLY

EIGHTH ASSEMBLY - THIRD SESSION ------------

RESUME OF WORK TRANSACTED BY THE TAMIL NADU LEGISLATIVE ASSEMBLY FROM 12TH NOVEMBER 1986 TO 25TH NOVEMBER 1986 AND ON

22ND DECEMBER 1986 ---------

I. SUMMONS

Summons for the sittings of Third Session of the Eighth Tamil Nadu Legislative

Assembly were issued to the Members on the 29th October 1986 in S.O. Ms. No.242, Legislative Assembly Secretariat, dated 29th October 1986.

Summons for the Meeting of the Assembly on 22nd December 1986 were again issued to the Members on 18th December 1986 in Telex No.24176/86-1, T.N.L.A.S. (B.I.), dated 18th December 1986 followed by D.O. Letter No. 24176/86-2, T.N.L.A.S. (B.I.), dated 18th December 1986.

II. DURATION OF THE MEETING

The Meeting of the Third Session of the Eighth Legislative Assembly commenced on the 12th November 1986 and the House was adjourned sine die on the 25th November 1986.

The Assembly was summoned again only for a day on 22nd December 1986 and the

House was adjourned sine die on the same day, after transacting the business.

III. PROROGATION

The Third Session of the Eighth Legislative Assembly was prorogued with effect from 24th December 1986 vide S.O.Ms. No.295, Legislative Assembly Secretariat, dated 25th December 1986.

IV. SITTINGS OF THE ASSEMBLY

The Tamil Nadu Legislative Assembly met for 11 days during the period From 12th November 1986 to 25th November 1986 and on 22nd December 1986 on the following dates:-

12th November 1986, 13th November 1986, 14th November 1986, 17th November 1986, 18th November 1986, 19th November 1986, 20th November 1986, 21st November 1986, 24th November 1986, 25th November 1986 and 22nd December 1986.

The House also met in the evening on 20th November 1986.

In terms of Hours it sat for 42 Hours and 5 Minutes.

2

V. OBITUARY REFERENCES

Obituary References were made in the Assembly on the demise of the following former Members and former Acting Governor on the dates noted against each: Serial No.

(1)

Name

(2)

Constituency.

(3)

Period in which

served as member.

(4)

Date of Demise

(5)

Date on which

reference was made

in the House.

(6)

1. Thiru K. Murugesan

Palakkodu Dharmapuri district.

1967-71

2nd May 1986

12th November 1986.

2. Thiru A. Raghava Reddy.

Gummidipoondi, Chengalpattu district.

1962-67 20th May 1986

12th November 1986.

3. Thiru K.N. Saminathan.

Vellakkoil, Periyar district.

1967-71 24th May 1986.

12th November 1986.

4. Thiru C.V. Velappan.

Kabilamalai, Salem district.

1962-67 1967-71 1971-76 1980-84

26th June 1986.

12th November 1986.

5. Thiru P. Periaswamy

Rasipuram, Salem district.

1967-71 29th July 1986

12th November 1986.

6. Thiru C . Muthiah Sirkazhi. Thanjavur district.

1952-57 1957-62

1st August 1986

12th November 1986.

7. Thiru R. Natesan Pudukkottai 1949-52 25th August 1986

12th November 1986.

8. Thiru M.K. Kempai Gounder.

Mettupalayam 1952-57 3rd September 1986

12th November 1986.

9. Thiru K.H. Bomman

Nilgiris (Reserved)Gudalur (S.C) Nilgiris district.

1952-57 1971-76

30th September 1986

12th November 1986.

10. Thiru P. Govinda Nair

Former Acting Governor

..... 26th May 1986

12th November 1986.

The Members stood in silence for two minutes as a mark of respect to the deceased.

3

VI. CONDOLENCE RESOLUTION On the demise of Thiru Jagajeevan Ram, former Deputy Prime Minister of India. On the 12th November 1986, the Hon. Leader of the House (Minister for Finance) moved the following Condolence Resolution namely:-- "ð£¹T â¡Á ܬùõ󣽋 Ü¡¹ì¡ ܬö‚èŠð†ìõ¼‹, Þ‰Fò ²î‰FóŠ «ð£K™ ðƒ° ªè£‡ì Íˆî º¶ªð¼‹ î¬ôõ˜èO™ å¼õ¼‹, ˆîŠð†ì ñ‚èO¡ º¡«ùŸøˆFŸè£è Üòó£¶ ð£´ð†ìõ¼‹, Þ‰Fò ñˆFò ܬñ„êó¬õJ™ c‡ì è£ô‹ Þì‹ ªðŸP¼‰îõ¼‹, Þ‰Fò£M¡ º¡ù£œ ¶¬íŠHóîñ ܬñ„ê¼ñ£ù F¼. ªüèpõ¡ ó£‹ Üõ˜èœ 6-7-1986Ý‹ ï£÷¡Á ñ¬ø‰î ¶òó„ªêŒF «è†´ ÞŠ«ðó¬õ õ¼‰¶Aø¶. Ü¡ù£K¡ °´‹ðˆFù¼‚° îù¶ Ý›‰î ÜÂî£ðˆ¬î»‹, Þóƒè¬ô»‹ ÞŠ«ðó¬õ ªîKMˆ¶‚ªè£œAø¶,'' The above resolution was adopted Nem Con and thereafter the House adjourned for the day as a mark of respect to the deceased.

VII. PANEL OF CHAIRMEN

On the 13th November 1986 Hon. Speaker announced the following Panel of Chairmen for the Third Session of the Eighth Tamil Nadu Legislative Assembly:-- 1. Thiru M. Chinnaraj 2. Dr. K. Samarasam 3. Thiru K. Kuppusamy 4. Thiru S. Danielraj 5. Thiru Pon. Muthuramalingam

VIII. QUESTIONS One hundred and Seventy Eight Starred Questions were answered on the floor of the House. Answers to one hundred unstarred Questions were placed on the Table of the House.

4

XI STATEMENTS MADE BY MINISTERS UNDER RULE 111 OF THE TAMIL NADU LEGISLATIVE ASSEMBLY RULES

During the period under review four statements were made under Rule 111 of the Tamil Nadu Legislative Assembly Rules on matters of public importance: Serial No. (1)

Date

(2)

Statement made by

(3)

Subject

(4)

1. 14th November 1986

Hon. Thiru K. Rajaram, Minister for Industries, and Agriculture.

Fixing of Government rate for supply of sugar cane to the factories by the farmers.

2.

21st November 1986

Hon. Thiru P.U. Shanmugam, Minister for Health

Increase in mess allowance for the Adi-Dravidars and Backward Classes Hostel Students in Tamil Nadu.

3.

25th November 1986

Hon. Thiru K. A. Krishnaswamy, Minister for Local Administration.

Action taken by Government in regard to the Brain fever in Tamil Nadu.

4.

22nd December 1986

Hon. Dr. V.R. Neduncheziyan, Minister for Finance.

Extension of the time limit for Payment for the first instalment of Co-operative Loan arrears by farmers by two months from 31st December 1986 to 28th February 1987.

X. CALLING ATTENTION NOTICES UNDER RULE 55 OF THE TAMIL NADU LEGISLATIVE ASSEMBLY RULES

Ten Statements were made on the floor of the House by Hon. Ministers under Rule 55 of the Tamil Nadu Legislative Assembly Rules on the following matters of urgent public importance:--

Serial No.

Date on which the statement was made

Name of Members who called the attention of

Minister

Minister who made

statement

Subject

1.

14th November 1986

Hon. Thiru V. P. Balasubramanian, Deputy Speaker.

Hon. Minister for Local Administra-tion.

Non-allocation of funds to the Panchayats from the amount realised through auction of quarries in the entire State.

5

Serial No.

Date on which the statement was made

Name of Members who called the attention of

Minister

Minister who made

statement

Subject

2.

17th November 1986

Thiruvalargal-- S. Semmalai V.P. Balasubramanian V.P. Chintan Saidai S. Duraisamy S. Sivaraman S. Sivaraj Kumari Anandan S. Balan R. Thamaraikkani K. M. Thangamani K. Ramani G. Veeraiyan M. Chellamuthu M. Sundaradas N. Masilamani K. Venkatachalam K. Nallamuthu J. Mohamed Gani Parithi Ilamvazhuthi P. Ponnurangam

Hon. Minister for Health

Prevalence of brain fever in Tamil Nadu which has taken the lives of many children.

3.

18th November 1986

Thiru V. Thangavel Thiru R. Thamaraikkani

Hon. Minister for Noon-Meals Social Welfare and Khadi.

Plight of Agriculturists due to non-payment towards the supply of sugarcane by the Kandasari Sugar Mills functioning through Khadi Board in Trichy District.

4.

19th November 1986

Hon. Thiru V.P. Balasubramanian, Deputy Speaker. Thiru K. Sholairasu

Hon. Minister for Education and Law.

Existence of unauthorised teachers training schools in several places in this State advertising for admission of students.

6

Serial No.

Date on which the statement was made

Name of Members who called the attention of

Minister

Minister who made

statement

Subject

5.

20th November 1986

Thiru M. Marimuthu

Hon. Minister for Local Administration

Situation prevailing among the workers of Mahalakshmi Mill, Pasumalai, Madurai due to non-Payment of wages and non-Payment of employee's share to the provident fund and gratuity.

6.

20th November 1986

Thiru F.M. Rajarathinam

Hon. Minister for Industries and Agriculture.

The formulation of a new drinking water supply schemes in Simen Colony Vaniyakudi and Kurubanai areas in Kanyakumari district.

7.

21st November 1986

Thiru S. Semmalai

Hon. Minister for Local Administration

Stoppage of lay-off pay to the workers of Racel Ceramic Centre at Omalur in Salem district.

8.

21st November 1986

Thiru K. Subbarayan

Hon. Minister for Education and Law.

Difficulties faced by the students of Kodaikanal Polytechnic College in writing their examinations due to the fire accident on 6th November 1986 in that College.

9.

24th November 1986

Thiru R. Thamaraikkani

Hon. Minister for Food.

Situation arising out the sale of edible oil by merchants at price higher than that fixed by the Government.

10.

24th November 1986

Thiruvalargal, K. Ramani, G. Veeraiyan M. Sellamuthu

Hon. Minister for Adi Dravidar Welfare.

Tense situation prevailing in Neikuppai Village, Tiruchi District due to arsoning of houses of about 300 Adi Dravidar agricultural labour and the death of the lady by name Pattu.

7

Besides these, 17 Calling Attention Motions were also moved by members and

statements were made in the House by the Minister concerned on the last day of the Third Session i.e. on 25th November 1986.

XI. FINANCIAL BUSINESS (1) The First Supplementary Statement of Expenditure for the year 1986-87 was presented to the Assembly by Hon. Dr. V.R. Nedunchezhiyan, Minister for Finance on the 17th November 1986. On the 21st November 1986, the House voted the demands for the Grants in full and grants were made. The Appropriation Bill relating to the First Supplementary Statement of Expenditure for the year 1986-87 was introduced on 21st November 1986 and it was considered and passed on 24th November 1986. (2) On the 17th November 1986, the Hon. Minister for Finance, presented to the Assembly the Demands for Grants for Excess Expenditure in the year 1980-81. On the 21st November 1986 all Demands for Grants were put to vote and carried without discussion. The Appropriation Bill relating to the Demands for Grants for Excess Expenditure was introduced on 21st November 1986 and it was considered and passed on the 24th November 1986.

XII. LEGISLATIVE BUSINESS

During the session, 24 Bills were introduced of which 23 Bills were considered and passed. The details are as follows:- Serial

Number

(1)

Title of the Bill

(2)

Date of Introduction

(3)

Date of Consideration and

passing. (4)

1.

The Madras City Municipal Corporation (Second Amendment) Bill, 1986 (L.A. Bill No.61 of 1986)

14th November 1986

18th November 1986

2.

The Coimbatore City Municipal Corporation (Second Amendment) Bill, 1986 (L.A. Bill No.62 of 1986)

14th November 1986

18th November 1986

3.

The Madurai City Municipal Corporation (Second Amendment) Bill, 1986 (L.A. Bill No.63 of 1986)

14th November 1986

18th November 1986

4.

The Tamil Nadu Municipal Laws (Second Amendment) Bill, 1986 (L.A. Bill No.64 of 1986)

14th November 1986

18th November 1986

8

Serial Number

(1)

Title of the Bill

(2)

Date of Introduction

(3)

Date of Consideration and

passing. (4)

5.

The Tamil Nadu Hindu Religious and Charitable Endowments (Amendment) Bill, 1986 (L.A. Bill No.65 of 1986)

14th November 1986

18th November 1986

6.

The Tamil Nadu Payment of Salaries (Second Amendment) Bill, 1986 (L.A. Bill No.66 of 1986)

17th November 1986

24th November 1986

7.

The Tamil Nadu Contingency Funds (Amendment) Bill, 1986 (L.A. Bill No.67 of 1986)

17th November 1986

24th November 1986

8.

The Tamil Nadu Prohibition (Third Amendment) Bill, 1986 (L.A. Bill No.68 of 1986)

17th November 1986

24th November 1986

9.

The Tamil Nadu Agricultural Produce Markets and the Tamil Nadu Agricultural Produce Markets (Amendment and Special Provisions) Second Amendment Bill, 1986 (L. A. Bill No.69 of 1986)

18th November 1986

24th November 1986

10.

The Tamil Nadu Universities Laws (Amendment) Bill, 1986 (L.A. Bill No.70 of 1986)

18th November 1986

24 November 1986

11.

The Tamil Nadu Universities (Second Amendment) Bill, 1986 (L.A. Bill No.71 of 1986)

18th November 1986

24th November 1986

12.

The Tamil Nadu Recognised Private Schools (Regulation) and Private Colleges (Regulation) Amendment Bill, 1986 (L.A. Bill No.72 of 1986)

18th November 1986

24th November 1986

13.

The Somasundaram Super Spinning Mills (Acquisition and Transfer) Bill, 1986 (L.A. Bill No.73 of 1986)

18th November 1986

25th November 1986

14.

The Registration (Tamil Nadu Amendment) Bill, 1986 (L.A. Bill No.74 of 1986)

18th November 1986

24th November 1986

9

Serial Number

(1)

Title of the Bill

(2)

Date of Introduction

(3)

Date of Consideration and passing.

(4)

15. The Tamil Nadu Entertainments Tax (Special Provisions and Validation) Bill, 1986 (L.A. Bill No.75 of 1986)

20th November 1986

25th November 1986

16. The Tamil Nadu Entertainments Tax (Fifth Amendment) Bill, 1986 (L.A. Bill No.76 of 1986)

20th November 1986

25th November 1986

17. The Tamil Nadu General Sales Tax (Eighth Amendment) Bill, 1986 (L.A. Bill No.77 of 1986)

20th November 1986

25th November 1986

18. The Tamil Nadu General Sales Tax (Ninth Amendment) Bill, 1986 (L.A. Bill No.78 of 1986)

20th November 1986

25th November 1986

19. The Tamil Nadu Agricultural Service Co-operative Societies (Appointment of Special Officers) Amendment Bill, 1986 (L.A. Bill No.79 of 1986)

21st November 1986

24th November 1986

20. The Tamil Nadu Appropriation (No.5) Bill, 1986 (L.A. Bill No.80 of 1986)

21st November 1986

24th November 1986

21. The Tamil Nadu Appropriation (No.6) Bill, 1986 (L.A. Bill No.81 of 1986)

21st November 1986

24th November 1986

22. The Tamil Nadu Agricultural Produce Marketing (Regulation) Bill, 1986 (L.A. Bill No.82 of 1986)

24th November 1986

24th November 1986

23. The Tamil Nadu General Sales Tax (Tenth Amendment) Bill, 1986 (L.A. Bill No.83 of 1986)

24th November 1986

25th November 1986

24. The Tamil Nadu General Sales Tax (Eleventh Amendment) Bill, 1986 (L.A. Bill No.84 of 1986)

24th November 1986

25th November 1986

10

XIII. MOTIONS UNDER RULE 192 OF THE TAMIL NADU LEGISLATIVE ASSEMBLY RULES

The following motions under Rule 192 of the Tamil Nadu Legislative Assembly

Rules were moved during the period:

(1) On the 17th November 1986, Thiru. A. Rakhman Khan moved: "That this House disapproves the Madras City Municipal Corporation (Second

Amendment) Ordinance, 1986 (Tamil Nadu Ordinance No.1 of 1986) promulgated by the Governor on 30th May, 1986."

The Motion was put to vote of the House on 18th November 1986 and declared lost. (2) On the 18th November 1986, Thiru A. Rakhman Khan, moved: "That this House disapproves the Coimbatore City Municipal Corporation (Second

Amendment) Ordinance, 1986 (Tamil Nadu Ordinance No.2 of 1986) promulgated by the Governor on 30th May 1986."

The motion was put to vote of the House and declared lost. (3) On the 18th November 1986, Thiru A. Rakhman Khan, moved: "That this House disapproves the Madurai City Municipal Corporation (Second

Amendment) Ordinance, 1986 (Tamil Nadu Ordinance No.5 of 1986) promulgated by the Governor on 19th July, 1986."

The motion was put to vote of the House and declared lost.

XIV. GOVERNMENT RESOLUTIONS (1) On the 13th November 1986, on behalf of Hon. Dr. M.G. Ramachandran, Chief Minister, Hon. Thiru C. Ponnaiyan, Minister for Education and Law moved a resolution seeking to amend suitably Part XVII of the Constitution relating ot the Official Language for giving constitutional guarantee regarding the continued use of the English language alone as the Official Language of the Union. The discussion took place on the same day, viz., 13th November 1986. Thiruvalargal Kumari Anandan, P. Uthirapathi, K. Muthuvel, V. Balachandran, A.S.A. Arumugam, K. Anbazhagan, Thirumathi D. Yasotha and Thiru A.K.A. Abdul Samad took part in the discussion. Hon. Minister for Education and Law replied to the debate. Thiru Pon. Muthuramalingam has moved an amendment to the Resolution which was accepted by the Government and incorporated in the Resolution and the Resolution as amended was put to vote of the House and adopted as follows:-

11

"ì£‚ì˜ Ü‡í£ Üõ˜èœ îI›ï£†®¡ ºîô¬ñ„êó£è Þ¼‰î«ð£¶, îI¿‹ ñŸø «îCò ªñ£NèÀ‹ Þ¬íòˆF¡ ( Union ) ݆Cªñ£Nè÷£è ãŸÁ‚ªè£œ÷Šðì «õ‡´‹ â¡Á‹ Üî¡ð®«ò Üóê¬ñŠ¹„ ê†ì‹ F¼ˆîŠðì «õ‡´‹ â¡Á‹ Þ¬î ⌶‹ õ¬óJ™, ݃Aô‹ ñ†´«ñ ݆C ªñ£Nò£èˆ ªî£ì˜‰¶ Þ¼‰¶ õ¼î™ «õ‡´‹ â¡Á‹ ݆C ªñ£N ðŸP Üóê¬ñŠ¹„ ê†ìˆF™ àœ÷ ܈Fò£òˆ¬î î‚èõ£Á F¼ˆî «õ‡´‹ â¡Á‹ Þ‰î ñ¡ø‹ 1968 êùõKˆ Fƒèœ 23 Ý‹  b˜ñ£ù‹ G¬ø«õŸPò¶.

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«ñ½‹, ꘂè£Kò£ èIû‚° 1985 ®ê‹ð˜ FƒèO™ Þ‰î Üó² ÜOˆî

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ÜšõŠ«ð£¶, Þ‰F «ðê£î ñ‚èœ e¶ «ïó®ò£è«õ£ ñ¬øºèñ£è«õ£, Þ‰F¬òˆ

FEŠðîŸè£è ïìõ®‚¬èèœ â´‚èŠð†´ õ¼õ¶, Þ‰F «ðê£î ñ‚èÀ‚°Š ªð¼ƒèõ¬ô¬ò ãŸð´ˆF õ¼A¡ø¶. ªð£¶õ£è Þ‰F «ðê£î ñ‚èÀ‹ °PŠð£è îI›ï£†´ ñ‚èÀ‹, è£ô…ªê¡ø ð‡®î üõàø˜ô£™ «ï¼ Üõ˜è÷£™ îóŠð†´, è£ô…ªê¡ø F¼ñF Þ‰Fó£ 裉F Üõ˜è÷£½‹ ð£¬îò Hóîñ˜ F¼. ó£pš 裉F Üõ˜è÷£½‹ e‡´‹ àÁFŠð´ˆîŠ ð†´œ÷¶ñ£ù àÁFªñ£Nò£ù¶, Üî£õ¶ Þ‰F «ðê£î ñ‚èœ ñ£Ÿø ªñ£¡¬ø M¼‹ð£î õ¬óJ½‹ ݃Aô«ñ Þ¬íòˆF¡ ݆C ªñ£Nò£èˆ ªî£ì˜‰¶ Þ¼‰¶ õ¼‹ â¡A¡ø àÁFªñ£N¬ò Üóê¬ñŠ¹„ ê†ìˆF™ «ê˜ˆ¶‚ªè£œ÷ «õ‡´‹ â¡Á e‡´‹ e‡´‹ õŸ¹ÁˆF õ‰F¼‚A¡ø£˜, ¬ñò„ ê†ì‹ ⇠1/1968-Þù£™ F¼ˆîŠð†ì ݆Cªñ£Nèœ ê†ìˆF¡ õ¬èº¬øèœ ªõÁ‹ ê†ìgFò£ù ñ õ£Œ‰î¬õ â¡ð ï£ì£Àñ¡øˆF™ ê£î£óí ªð¼‹ð£¡¬ñJù£™ G¬ø«õŸøŠð´‹ å¼ ê†ìˆFù£™ ñ†´«ñ Ãì, Þ‰î õ¬èº¬øè¬÷ â‰î„ êñòˆF½‹ ñ£ŸPò¬ñˆ¶‚ªè£œ÷ º®»‹ Ü™ô¶ cˆîø¾ (óˆ¶) ªêŒ¶Mì º®»‹; âù«õ, è£ô…ªê¡ø ð‡®î üõàø˜ô£™ «ï¼ Üõ˜è÷£™ ÜO‚èŠð†´, è£ô… ªê¡ø F¼ñF Þ‰Fó£ 裉F Üõ˜è÷£½‹, ð£¬îò Hóîñ˜ F¼. ó£pš 裉F Üõ˜è÷£½‹ àÁFŠð´ˆîŠð†´œ÷ àÁFªñ£N‚° Üóê¬ñŠ¹ gFò£ù æ˜ ÜƒWè£óˆ¬î ÜOŠðî¡Íôñ£è, ݃Aô ªñ£N¬òˆ ªî£ì˜‰¶ ðò¡ð´ˆ¶õŠ ªðKò Ü÷M™ ð£¶è£ŠH¬ù àÁFŠð´ˆF‚ ªè£œõ¶ «î¬õò£ùî£è Þ¼‚Aø¶. ܈î¬èò æ˜ Üóê¬ñŠ¹„ ê†ìˆF¼ˆî‹î£¡. Þ‰F «ðê£î ñ‚èO¡ ñùˆF™ ⿉¶œ÷ à‡¬ñò£ù Ü„ê à혾è¬÷»‹ èõ¬ôè¬÷»‹ c‚°õ«î£´, Þ‰Fˆ FEŠH¡ è£óíñ£è ÜšõŠ«ð£¶ â¿A¡ø °öŠð‹, Y˜°¬ô¾ ñŸÁ‹ è´¬ñò£ù ê†ì‹-心° Å›G¬ôèœ ÝAòõŸ¬ø»‹ îM˜‚°‹.

Üóê¬ñŠ¹„ ê†ìˆF¡ â†ì£õ¶ ެ특Š ð†®òL™ «ê˜‚èŠð†´œ÷¬õ»‹ «ê˜‚è‚ è¼îŠð†´œ÷¬õ»ñ£ù â™ô£ ªñ£Nè¬÷»«ñ Þ¬íˆF¡ ݆Cªñ£Nè÷£è ܃WèK‚°‹ õ¬ó ݃Aô ªñ£N¬ò ñ†´«ñ Þ¬íòˆ¶ ݆Cªñ£Nò£èˆ ªî£ì˜‰¶ ðò¡ð´ˆFõ¼õ¶ ðŸP Üóê¬ñŠ¹ gFò£ù àˆîóõ£î‹ ªè£´ŠðîŸè£è, ݆Cªñ£N ªî£ì˜ð£ù Üóê¬ñŠ¹„ ê†ì‹ XVII-‹ ð°F¬ò, àìù®ò£è¾‹, ÜõCòñ£è¾‹ F¼ˆF ܬñˆFì ñˆFò Üó² º¡õó«õ‡´‹ â¡Á Þ‰î ñ¡ø‹ b˜ñ£Q‚Aø¶.

12

English Version of the Resolution

"When Dr. Anna was the Chief Minister of Tamil Nadu, it was resolved by this House on 23rd January 1968 that Tamil and other national language should be adopted as the official languages of the Union and the Constitution should be amended accordingly and that till such time as this is achieved, English alone would continue as the official languages and the relevant Chapter of the Constitution on official language should be suitably amended.

The present Chief Minister Dr. M. G. Ramachandran, through the Governor's

address, on 7th July 1977, categorically expressed that it will be the firm policy of this Government to implement the two languages formula which was enunciated by late Dr. Anna and unanimously approved by this House, and that this formula fully represents and reflects the wishes of the people of Tamil Nadu.

In the Report submitted to the Sarkaria Commission, in December 1985 this

Government suggested that English should be included in the Eighth Schedule to the Constitution and all the languages in the Eighth Schedule should be declared as the official languages of the Union and that till such decision is made, English alone should continue to be used as the official language of the Union.

It has been noticed that from time to time, actions have been taken for imposing Hindi

on non-Hindi speaking people, either directly or indirectly, causing grave concern to the non-Hindi speaking people. The non-Hindi speaking people in general and the people of Tamil Nadu in particular, have repeatedly demanded that the assurances of late Pandit Jawaharlal Nehru, reiterated by the late Thirumathi Indira Gandhi and the present Prime Minister Thiru Rajiv Gandhi, that English will continue to be the official language of the Union as long as the non-Hindi speaking people did not desire a change should be incorporated in the Constitution. Since the provisions of the Official Languages Act, 1963 as amended by Central Act 1 of 1968 are only statutory, and can, at any time, be modified or repealed by a mere Act passed by a simple majority in the Parliament. It is necessary that greater safeguard, should be ensured for the continued use of the English language by giving a constitutional recognition to the late Pandit Jawaharlal Nehru's assurance reiterated by the late Thirumathi Indira Gandhi and the present Prime Minister Thiru Rajiv Gandhi. Such Constitutional amendment will allay the genuine fears and apprehensions in the minds of the non-Hindi speaking people, and avoid turmoil, disruption and serious law and order situations arising from time to time on account of imposition of Hindi.

Until all the languages included and proposed to be included in the Eighth Scheduled

to the Constitution are recognised as the official languages of the Union, this House resolves that as an immediate measure, it is imperative on the Part of the Central Government to come forward to amend suitably Part XVII of the Constitution relating to the official language for giving Constitutional guarantee regarding the continued use of the English language alone as the official language of the Union".

(2) On the 24th November 1986, on behalf of Hon. Dr. M.G. Ramachandran, Hon.

Thiru C. Ponnaiyan, Minister for Education and Law, moved the following Resolution:- "That this House ratifies the amendments to the Constitution of India falling within

the purview of the proviso to clause (2) of article 368 therof, proposed to be made by the Constitution (Fifty-Fourth Amendment) Bill, 1986, as passed by the two Houses of Parliament".

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Thiruvalargal T. R. Venkataraman, A.S.A., Arumugam and Balachandran took part in the discussion.

Hon. Minister for Education and Law replied to the debate. The Resolution was put to vote of the House and adopted Nem con.

XV. RESOLUTION On the 22nd December 1986 the Hon. Dr. V.R. Nedunchezhiyan, Minister for

Finance moved the following a resolution:- ªð£¶ ÞìˆF™, Þ‰Fò ÜóCò™ ê†ìˆF¡ å¼ ð°FJ¡ ïèªô£¡¬ø [â¿îŠð†ì

õ®õˆF«ô£ Ü™ô¶ ܄ꮂèŠð†ì õ®õˆF«ô£ Ü™ô¶ «õªø‰î õ¬èò£ù ªõOŠð£´ (representation) Ü™ô¶ ñÁ ð¬ìŠ¹ (reproduction) õ®õˆF«ô£ ܬñ‰î, Þ‰Fò ÜóCò™ ê†ìˆF¡ HK¾ ãªî£¡P¡ º¿¬ñò£ù â´ð°Fèœ (excerpts) Ü™ô¶ Üî¡ ð°F ãªî£¡P¡ â´ð°Fèœ ÜìƒAò Ýõí‹ Ü™ô¶  â¬î«ò‹] b ¬õˆ¶ ªè£ÀˆFò ÞŠ«ðó¬õJ¡ Cô àÁŠHù˜è¬÷ ðîM c‚è‹ (expulsion) ªêŒõ¶ °Pˆ¶".

Thiruvalargal K. Tamizharasan, P.K.M. Muthuramalingam, A.K.A.Abdul Samad,

K.Subbarayan, A.S.A.Arumugam, K.Ramani, Nanjil K. Manoharan and Thiru N.S.V.Chithan took part in the discussion.

Hon. Dr. V.R. Nedunchezhiyan, Minister for Finance and Leader of the House replied

to the debate. Thereafter, Hon. Minister for Finance moved the following substitute motion which

was put to vote of the House. "Fó£Mì º¡«ùŸø‚ èöèˆF¡ ªêòŸ°¿, «è£¬õJ™ 9.11.1986 Ü¡Á ïì‰î

ÆìˆF™, 17.11.1986 ªî£ìƒA 17.12.1986 º®»‹ è£ô Ü÷MŸA¬ì«ò, ñ£GôˆF¡ ð™«õÁ ÞìƒèO™, ªð£¶‚ ÆìƒèO™ Þ‰Fò ÜóCò™ ê†ìˆF¡, 17õ¶ ܈Fò£òˆF¡ ݆Cªñ£N Þ‰F â¡Â‹, ð°F¬ò ªè£Àˆ¶õ¶ â¡Á b˜ñ£Qˆ¶, ªêŒFˆ èO½‹, ªð£¶‚ ÆìƒèO½‹ ÜóCò™ ê†ì âKŠ¹Š «ð£ó£†ì‹ ï¬ìªðÁ‹ â¡Á M÷‹ðóŠ ð´ˆFJ¼‰î‹, ܈b˜ñ£ùˆ¬îˆ ªî£ì˜‰¶, Fó£Mì º¡«ùŸø‚ èöèˆ¬î„ «ê˜‰î Cô àÁŠHù˜èœ, Þ‰Fò ÜóCò™ ê†ìˆF¡ å¼ ð°FJ¡ ïèªô£¡¬ø (â¿îŠð†ì õ®õˆF«ô£ Ü™ô¶ ܄ꮂèŠð†ì õ®õˆF«ô£ Ü™ô¶ «õªø‰î õ¬èò£ù ªõOŠð£´ (representation) Ü™ô¶ ñÁ ð¬ìŠ¹ (reproduction) õ®õˆF«ô£ ܬñ‰î, Þ‰Fò ÜóCò™ ê†ìˆF¡ HK¾ ãªî£¡P¡ º¿¬ñò£ù â´ð°Fèœ (excerpts) Ü™ô¶ Üî¡ ð°F ãªî£¡P¡ â´ð°Fèœ ÜìƒAò Ýõí‹ Ü™ô¶  â¬î«ò‹) ªð£¶ ÞìˆF™ b ¬õˆ¶ ªè£ÀˆFJ¼‚A¡øù˜ â¡ð‹;

14

«ñŸªê£¡ù b˜ñ£ùˆ¬îˆ ªî£ì˜‰¶, Fó£Mì º¡«ùŸø‚ èöèˆ¬î„ «ê˜‰î ê†ìñ¡øŠ «ðó¬õJ¡ H¡õ¼‹ àÁŠHù˜èœ, Üî£õ¶:- 1. F¼. è. Ü¡ðöè¡ ... ... ... 17.11.1986 2. F¼. ². ð£ô¡ ... ... ... 17.11.1986 3. F¼, Ü. ªê™õó£ê¡ ... ... ... 17.11.1986 4. F¼. ð. ªð£¡Âóƒè‹ ... ... ... 17.11.1986 5. F¼. ðKF Þ÷‹õ¿F ... ... ... 17.11.1986 6. F¼. º. Þó£ñï£î¡ ... ... ... 19.11.1986 7. F¼. ó£. C¡ùê£I ... ... ... 23.11.1986 8. F¼. ñ. ÜHó裋 ... ... ... 29.11.1986 9. F¼. ªê.ÝÁºè‹ ... ... ... 29.11.1986 10. F¼. M.«è. Þó£² ... ... ... 5.12.1986 ÝA«ò£˜, Üõóõ¼‚° âFó£è‚ °PŠHìŠð†´œ÷ «îFèO™ Þ‰Fò ÜóCò™ ê†ìˆF¡ å¼ ð°FJ¡ ïèªô£¡¬ø (â¿îŠð†ì õ®õˆF«ô£ Ü™ô¶ ܄ꮂèŠð†ì õ®õˆF«ô£ Ü™ô¶ «õªø‰î õ¬èò£ù ªõOŠð£´ Ü™ô¶ ñÁð¬ìŠ¹ õ®õˆF«ô£ ܬñ‰î, Þ‰Fò ÜóCò™ ê†ìˆF¡ HK¾ ãªî£¡P¡ º¿¬ñò£ù â´ð°Fèœ Ü™ô¶ Üî¡ ð°F ãªî£¡P¡ â´ð°Fèœ ÜìƒAò Ýõí‹ Ü™ô¶  â¬î«ò‹) ªð£¶ ÞìˆF™ b ¬õˆ¶‚ ªè£ÀˆFJ¼‚A¡øù˜ â¡ð‹; «ñ«ô °PŠHìŠð†´œ÷ ê†ìñ¡øŠ «ðó¬õ àÁŠHù˜èO¡ ï숬î, Üõ˜èœ Þšõ¬õJ¡ àÁŠHù˜èœ â¡ø º¬øJ™ Þ‰Fò ÜóCò™ ê†ìˆF¡ 188-õ¶ HKM¡ W¿‹, ê†ìñ¡øŠ «ðó¬õ MF 4(1)-¡ W¿‹ Þ‰Fò ÜóCò™ ê†ìˆF™ à‡¬ñò£ù ï‹H‚¬è»‹, ðŸÁÁF»‹ ªè£‡®¼Š«ð¡ â¡Á â´ˆ¶‚ªè£‡ì ðîMŠ Hóñ£íˆ¬î eÁõî£è ܬñõ¶ ñ†´I¡P, Üõ˜èÀ¬ìò ï숬î ÜóCò™ ê†ìˆF¡ ñFŠ¬ð»‹, Üî¡ Íô‹ ãŸð´ˆîŠð†ì Þšõ¬õJ¡ ñFŠ¬ð»‹, ܬõ àÁŠHù¼‚° Þ¼‚è «õ‡®ò ñFŠ¬ð»‹, ˆF, Þ‰Fò ÜóCò™ ê†ìˆF¡ è‡Eòˆ¬î»‹, Þ‰î ܬõJ¡ è‡Eòˆ¬î»‹ °¬ø‚°‹ ªêòô£è ܬñ‰¶œ÷ð®ò£½‹, «ñ½‹ ܉î ï숬î àÁŠHù˜èOìI¼‰¶ âF˜ð£˜‚°‹ îóˆFŸ°‹, î°F‚°‹ åšõ£îî£è Þ¼Šð‹, «ñ«ô °PŠHìŠð†´œ÷ àÁŠHù˜èœ îƒèœ ï숬îò£™ Þ‰î ܬõJ¡ àÁŠHù˜è÷£è Þ¼‚è ܼè¬îòŸøõ˜è÷£è ÞŠ«ðó¬õ 輶Aø¶. ÞŠ«ðó¬õ Þ¶ °Pˆ¶ Ý›‰¶ ðKYLˆîH¡ ÞŠ «ðó¬õJ¡ àÁŠHù˜è÷£Aò

1. F¼. è. Ü¡ðöè¡ 2. F¼. ². ð£ô¡ 3. F¼, Ü. ªê™õó£ê¡ 4. F¼. ð. ªð£¡Âóƒè‹ 5. F¼. ðKF Þ÷‹õ¿F 6. F¼. º. Þó£ñï£î¡ 7. F¼. ó£. C¡ùê£I 8. F¼. ñ. ÝHó裋 9. F¼. ªê.ÝÁºè‹ 10. F¼. M.«è. Þó£² ÝAòõ˜èœ ÞŠ«ðó¬õJ¡ àÁŠHù˜è÷£è c®ˆ¶ Þ¼‚°‹ î°F ÜŸøõ˜èœ â¡Á b˜ñ£Qˆ¶, Üõ˜èœ ÞŠ«ðó¬õJ¡ àÁŠHù˜ ðîMJL¼‰¶ c‚èŠð´A¡øù˜ (expelled) â¡Á‹, ªî£ì˜‰¶ Þ‰î ܬõJ¡ àÁŠHù˜è÷£è Þ¼‚è º®ò£ªî¡Á‹ b˜ñ£Q‚Aø¶ ñŸÁ‹ Üõ˜è÷À¬ìò Þìƒèœ ªõŸPìƒè÷£A¡øù â¡Á‹ ÞŠ«ðó¬õ b˜ñ£Q‚Aø¶.

15

English version of the Resolution

"Whereas the Executive Committee of the Dravida Munnetrakazhagam resolved in its meeting held on 9th November 1986 at Coimbatore that the portion of Part XVII of the Constitution of India which provides for Hindi to be the Official Language of the Union should be burnt in public meetings, to be held between the period commencing on 17th November 1986 and ending with 17th December 1986 in various places in the State and it has been publicized in newspapers and public meetings that Constitution burning agitation will be carried on; And Whereas in pursuance of the above said Resolution, some Members of the Dravida Munnetra Kazhagam party have burnt in public place a copy of a part of the Constitution of India (such part being a document or paper containing excerpts of the whole or any part of any article of the Constitution of India, such excerpts being either in writing for printing or in any other mode of representation or reproduction in a visible form); And Whereas in pursuance of the above said resolution the following Members of the Legislative Assembly belonging to Dravida Munnetra Kazhagam have burnt in public place (on the dates specified against them) a copy of the part of the Constitution of India (such part being a document or paper containing excerpts of the whole or any part of any Article of the Constitution of India, such excerpts being either in writing on printing or in any other mode of representation of reproduction in a visible form); 1. Thiru K. Anbazhagan .. .. .. 17th November 1986. 2. Thiru B. Balan .. .. .. .. 17th November 1986. 3. Thiru A. Selvarasan .. .. .. 17th November 1986. 4. Thiru P. Ponnurangam .. .. .. 17th November 1986. 5. Thiru Parithi Elamvazhuthi .. .. .. 17th November 1986. 6. Thiru M. Ramanathan .. .. .. 19th November 1986. 7. Thiru R. Chinnasamy .. .. .. 23rd November 1986. 8. Thiru M. Abragham .. .. .. 29th November 1986. 9. Thiru C. Arumugam .. .. .. 29th November 1986. 10. Thiru V. K. Raju .. .. .. .. 5th December 1986. And Whereas the above said conduct of the above mentioned Members of this House, apart from being an act of violation of the oath or affirmation made and subscribed as Members bearing true faith and allegiance to the Constitution of India under Article 188 of the Constitution of India read with Rule 4(1) of the Legislative Assembly Rules, is also lowering the regard for the Constitution, the regard for this House constituted by it and the regard which a member of this House should have; and is also derogatory to the dignity of the Constitution as well as the dignity of this House and wholly inconsistent with the standards which this House expects from its Members, this House therefore considers that the above mentioned Members of this House are unfit to be Members of this House on account of their above said conduct.

16

This House after careful consideration resolves that the following Members of this House, viz., 1. Thiru K. Anbazhagan 2. Thiru S. Balan 3. Thiru A. Selvarasan 4. Thiru P. Ponnurangam 5. Thiru Parithi Elamvazhuthi 6. Thiru M. Ramanathan 7. Thiru R. Chinnasamy 8. Thiru M. Abragham 9. Thiru C. Arumugam 10. Thiru V. K. Raju are unfit to continue as Members of this House and also resolves that they are expelled from the membership of this House and that they cannot continue to be members of this House and it further resolves that their seats become vacant. Thiru A. Rahman Khan pressed for the division and the House divided as follows:- Ayes .. 131 Noes .. 24 Neutral. . Nil Hon. Speaker declared the Resolution as having been adopted by the House.

XVI. GOVERNMENT MOTIONS (1) On the 13th November 1986, Hon. Leader of the House (Minister for Finance) moved the following motion:- "That Rule 32 of the Assembly Rules that the first hour of every sitting of the Assembly be available for the asking and answering of questions be suspended to-day for transacting other business". The motion was put to vote and carried. (2) On the 13th November 1986, Hon. Leader of the House (Minister for Finance) moved the following motion:- 'That rule 33 of the Tamil Nadu Legislative Assembly Rules be suspended and the House do resolve to transact Government Business". The motion was put to vote and carried.

Election of two Members to the Senate of the Bharathiar University, Coimbatore.

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(3) On the 18th November 1986, Hon. Leader of the House (Minister for Finance) moved the following motion:- "That this Assembly do proceed to elect the following two members to be Members of the Senate of the Bharathiar University, Coimbatore.

(1) Thiru M. Chinnaraj (2) Thiru E. V. K. S. Elangovan". The motion was put to vote and carried. Election of two Members to the Senate of the Bharathidasam University, Tiruchirappalli. (4) On the 18th November 1986, Hon. Leader of the House (Minister for Finance) moved the following motion:- "That this Assembly do proceed to elect the following two Members to be Members of the Senate of the Bharathidasan University, Tiruchirappalli. (1) Thiru K. Balasubramanian (2) Thiru K. Krishnamurthy". The motion was put to vote and carried. Election of a Member to the Senate of the Alagappa University, Karaikudi. (5) On the 18th November 1986, Hon. Leader of the House (Minister for Finance) moved the following motion:- "That this Assembly do proceed to elect the following Member, to be Member of the Senate of the Alagappa University, Karaikudi. Thiru V. Balakrishnan".

The motion was put to vote and carried. (6) On the 20th November 1986, Hon. Leader of the House (Minister for Finance) moved the following motion:- "That rule 33 of the Tamil Nadu Legislative Assembly Rules be suspended and the House do resolve to transact Government Business."

The motion was put to vote and carried.

(7) On the 25th November 1986, on behalf of Hon. Leader of the House (Minister for Finance), Hon. Minister for Food moved the following motion- "That under Rule 25 (1) of the Tamil Nadu Legislative Assembly Rules, the House be adjourned sine die."

The motion was put to vote and carried.

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(8) On the 22nd December 1986, Hon. Leader of the House moved the following motion:-

"That under rule 25 (1) of the Tamil Nadu Legislative Assembly Rules, the House be

adjourned sine die". The motion was put to vote and carried.

XVII. PRIVATE MEMBERS BUSINESS Friday, the 14th November 1986 was allotted for transacting Private Members Business.

PRIVATE MEMEBR'S RESOLUTION: On the 14th November 1986, further discussion took place on the following Private Member's Resolution moved by Thiru S. Semmalai on 10th May 1986, regarding the importance of implementing the Sethu Samudram Project. "«ê¶ 꺈Fó 裙õ£Œˆ F†ì‹ ªð£¶õ£è ªî¡ ñ£GôƒèÀ‚°‹, °PŠð£è îI›ï£†®¡ ªð£¼÷£î£ó «ñ‹ð£†®Ÿ°‹ å¼ Þ¡Pò¬ñò£î F†ìªñù ÞŠ«ðó¬õ 輶Aø¶. ñˆFò Üó꣙ ܬñ‚èŠð†ì õ™½ï˜ °¿ ÞˆF†ìˆ¬î Þó‡ì£õ¶ ä‰î£‡´ F†ìˆF«ô«ò «ê˜Šð ðK‰¶¬ó ÜOˆ¶œ÷¶. ñ£Áð†´ õ¼A¡ø è£ô„ÅöL™, ÞˆF†ìˆF¡ ÜõCò‹ «ñ½‹ º‚Aòˆ¶õ‹ ªðŸÁ õ¼Aø¶. Þ‰¶ñè£ êºˆFó‹ Þó£μõ ñòñ£‚èŠð´A¡øù (Militarization of the Indian Ocean) â¡ø G¬ôJ½‹, 𣶠Gô¾A¡ø ÞŠð°FJ¡ GôMò™ ꣘‰î ÜóCò™ (Geopolitics) è£óíñ£è¾‹ ÞˆF†ìˆ¬î «îCò ð£¶è£Š¹‚ è‡«í£†ìˆ¶ì¡ Üμè «õ‡®ò ÜõCò‹ ãŸð†´œ÷¶. Ýè«õ, ÞˆF†ìˆF¬ù «ñ½‹ è£ô î£ñî‹ Þ¡P àìù®ò£è ñˆFò Üó² ªêò™ð´ˆî «õ‡´ªñ¡Á õL»Áˆî ñ£Gô Ü󲂰 ÞŠ«ðó¬õ ðK‰¶¬ó ªêŒAø¶." Thirumathi B. Valarmathi, Thiruvalargal K. Paramalai, Pon. Muthuramalingam, P. Uthirapathy, M. Chinnaraj, S. N. Ramaswamy, V. Balachandran and A.S.A. Arumugam took part in the discussion. The discussion on the Resolution was not concluded.

XVIII. PRIVILEGE MATTERS On the 14th November, 1986, Thiru V.P. Chinthan raised a matter of privilege, in regard to a circular issued by the Chairman, Tamil Nadu Electricity Board restraining the employees of Tamil Nadu Electricity Board from approaching Legislators for the redressal of their grievances. Hon. Speaker announced that he would give his ruling after ascertaining the fact from the Chairman, Tamil Nadu Electricity Board. Till the end of the Session, no ruling was given by Hon. Speaker on this matter.

19

XIX. RULING GIVEN BY THE HON. SPEAKER

On the 24th November 1986, Thiru N.S.V. Chithan, M.L.A., raised a point of order, whether some Members of this House belonging to D.M.K. Party who have publicly burnt the copies of Part XVII of the Constitution as part of their Anti-Hindi Agitation Programme would incur any disqualification for having violated the oath taken by them under Article 188 of the Constitution of India, Hon. Speaker gave the following ruling:- "It is brought to my notice by the Commissioner of Police, Madras, that the following members of this House Thiruvalargal (1) K. Anbazhagan, (2) S. Balan, (3) A. Selvarasan, (4) Parithi Ilamvazhuthi and (5) P. Ponnurangam have been arrested for burning publicly the Constitution, Part XVII (17).

I have also received similar information in respect of Thiru M. Ramanathan, representing Coimbatore (West) and Thiru R. Chinnasamy, representing Dharmapuri Constituency, from the Police Authorities concerned. It was widely published in almost all the newspapers and other media that D.M.K. Members of this House are also going to burn publicly the Constitution. In response to a point of order raised by Thiru N.S.V. Chithan whether the House has to wait for the verdict of the Court in criminal prosecution and after that the House can take decision, I cited and read the Article 188 of the Constitution of India which runs as follows:-

"Every member of the Legislative Assembly or the Legislative Council of a State shall, before taking his seat, make and subscribe before the Governor, or some person appointed in that behalf by him, an oath affirmation according to the form set out for the purpose in the Third Schedule."

The point now for consideration is whether a Member after having taken oath under Article 188 of the Constitution, can violate the oath and still continue as a Member of this House. I must mention at this juncture that I as a Speaker of this House have a Constitutional duty to take action against Members of the Assembly who grossly violates the oath or affirmation. In this case of burning publicly the Constitution or a part of it, Criminal Courts and the Executive are concerned with violation of criminal law and as such their prosecution and verdict has nothing to do with the discharge of Constitutional obligations of Members, but the Speaker is concerned with it. In other words, we the Legislators are concerned about the conduct of the Members of this House in burning publicly the Constitution and its effect on their status. However unpleasant it may be, I must say that as a Constitutional functionary, I cannot be a silent spectator of burning publicly the Constitution by any Member of this House. The question now before the House is whether the Members mentioned above have violated the oath taken under the Constitution that they will bear true faith and allegiance to the Constitution of India as by law established. Every Member of this House has a Constitutional obligation to perform under Article 188 and there is an express provision of penalty for non-compliance of the provisions of Article 188 before taking his seat in the House. So taking oath is not a mere formality or a ritual. Hence, it is clear that an elected members' eligibility to sit in this House arises because of the oath he is bound to take under the Constitution. By burning publicly the Constitution the said Members have made it understand that they have no faith or allegiance to the Constitution of India.

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The founding fathers of the Constitution could not have visualised Members of the Legislature or Parliament burning the Constitution or part of it publicly and hence in the absence of express provisions of law in the Constitution dealing with the Members of this House for having violated the oath taken immediately after election to the House, I have no other option except to invoke my residuary power under Rule 312 of Tamil Nadu Legislative Assembly Rules framed under Article 208 of the Constitution of India to preserve and protect the Constitution of India. Rule 312 of the Tamil Nadu Legislative Assembly Rules runs as follows:- "All matters not specifically provided for in the Constitution or in these rules and all questions relating to the detailed working of these rules shall be regulated in such manner as the Speaker may from time to time direct". I would like to point out that the Legislature, Judiciary and the Executive are all creatures of Constitution. It has been repeatedly held and I hold that Constitution is Supreme and any Member of this House causing injury to its supremacy will never be tolerated. Hence, I declare that the Members of this House, viz.,

1. Thiru K. Anbazhagan .. Park Town 2. Thiru S. Balan .. Egmore 3. Thiru A. Selvarasan .. Harbour 4. Thiru Parithi Ilamvazhuthi .. Perambur 5. Thiru P. Ponnurangam .. Royapuram 6. Thiru M. Ramanathan .. Coimbatore (West) 7. Thiru R. Chinnasamy .. Dharmapuri

have violated the oath taken by them under Article 188 by burning the Constitution or part of it publicly and therefore the elected Members' eligibility to sit in this House ceases and they are disqualified to continue as Members of this House. I am forwarding the copy of this Ruling along with the proceedings to His Excellency the Governor of Tamil Nadu as well as to the Election Commission of India, New Delhi, for appropriate follow up action".

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XX. PRESENTATION OF COMMITTEE REPORTS.

Serial No. (1)

Name of the Report.

(2)

Date of Presentation.

(3)

1. Thirty-Third Report of the Committee on Public Undertakings.

13th November 1986

2.

Thirty-Fourth Report of the Committee on Public Undertakings.

18th November 1986

3.

Thirty-Fifth Report of the Committee on Public Accounts.

20th November 1986

4.

Thirty-Sixth Report of the Committee on Public Accounts.

Do.

5.

Thirty-Seventh Report of the Committee on Public Accounts.

20th November 1986.

6.

First Report of the Committee on Petitions.

Do.

7.

Thirty-Eighth Report of the Committee on Public Accounts.

21st November 1986.

8.

Thirty-Ninth Report of the Committee on Public Accounts.

Do.

9.

Fortieth Report of the Committee on Public Accounts.

21st November 1986.

10.

Thirty-Fifth Report of the Committee on Public Undertakings.

Do.

11.

Third Report of the Committee on Government Assurances.

Do.

12.

Thirty-Sixth Report of the Committee on Public Undertakings.

24th November 1986.

13.

Thirty-Seventh Report of the Committee on Public Undertakings.

Do.

14.

Forty-First Report of the Committee on Public Accounts.

25th November 1986.

15.

Fifth Report of the Committee on Estimates.

Do.

16.

First Report of the Committee on Papers Laid on the Table.

Do.

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XXI. ANNUAL FINANCIAL STATEMENTS FOR 1986-87 AND SUPPLEMENTARY FINANCIAL STATEMENT FOR 1985-86

OF THE TAMIL NADU ELECTRICITY BOARD The Annual Financial Statement for 1986-87 and the Supplementary Financial Statement for 1985-86 of the Tamil Nadu Electricity Board was laid on the Table of the House on 13th November 1986. The discussion on the Annual Financial Statement for 1986-87 and the Supplementary Financial Statement for 1985-86 of the Tamil Nadu Electricity Board was initiated by Hon. Thiru V. V. Swaminathan, Minister for Tourism, Prohibition and Electricity on 19th November 1986 and the discussion took place for two days viz. 19th November 1986 and 20th November 1986. Twelve members took part in the discussion. Hon. Minister for Tourism, Prohibition and Electricity replied to the debate.

XXII. SPECIAL REFERENCES On the 14th November 1986, the House paid its tributes on the 97th Birth day of Thiru Jawaharlal Nehru, former Prime Minister of India.

XXIII. RETURN OF ASSETS

Returns of Assets of 3 Members of the Assembly as on 31st March 1986 were placed on the Table of the House on 25th November 1986.

XXIV. PAPERS PLACED ON THE TABLE OF THE HOUSE During the period 228 papers were placed on the Table of the House. The details of which are given below:- A. Statutory Rules and Orders .. .. .. .. 181 B. Reports, Notifications and Other Papers .. .. .. 47 ----- Total 228 -----

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