The
Constitution (16th Amendment Bill) had been passed by
a massive majority in the Lok Sabha. In the Rajya Sabha
Anna was the solitary figure pleading for justice and
fair play. Alone but undaunted he stands up to reiterate
his point to explain the intense and growing frustration
among the section of the people in his part of the ountry
about the political set-up under the federation.
The
Chinese invasion and its aftermath had considerably changed
Anna’s views and the desirability of an independent ‘Dravida
Nadu’. In the speech he made while the Constitution Amendment
Bill was introduced as well as in this speech he argues
for the need to keep intact the right of any unit to ask
for separation. But accent in these speeches is for getting
more sovereignty to the States and removing the regional
disparities. He was convinced that unless the DMK contested
and won the Elections, the rights and aspirations of the
non-Hindi speaking people, especially of the South, could
not be realized.
Mr.
Vice Chairman, I do not have much to add to what I have
already expressed on a previous occasion when this Bill
was brought forward, but I would like to remove certain
misapprehensions that have been created. The mover of
the Bill has stated that in the other House it was passed
unanimously. May be after the amendment, after the voting
on the amendments, at the final stage my Party was not
present. But when the first vote was taken, seven members
of the DMK and one member of RSP Kerala eight members
voted against the Bill. Perhaps in his anxiety to stress
the point that there ought to be unanimity on this, he
took it for granted that there was unanimity. Fortunately
or unfortunately, there was no such unanimity. Eight people
have actually voted against the measure in the Lok Sabha.
Let
us not look at this problem merely as a law and order
problem, but as a problem, as my friend, Mr Bhupesh Gupta
has put it, which ought to be solved in the political
sphere. May I, with your persmission, put to myself one
question : what do I gain by standing alone in this House
expressing an unpalatable thing, knowing full well that
if only I were to give up that unpalatable thing, you
would, everyone of you, take me into your hearts? What
do I gain by standing aloof and alone? You should understand
the psychology behind that stand. Please do not think
that I am pressing for it, for the mere novelty of it.
There is frustration, a very intense and a very growing
one, among a section of people of my part who definitely
feel that the present political is why after having had
the experience of this federation for so many years, not
only the members of the DMK but members outside the DMK
too, feel that unless something radical is done, unless
some new kind of political set-up is created, this federation
is not going to stand the strain and stress of the times.
Of
course, the Minister was kind enough to state that even
without this amendment, the Constitution is very clear,
that the talk about separation is repugnant to the constitution.
I may point out that jurists are divided on that point,
and I quote the opinion of one jurist of this august House,
I am quoting Mr. P.N. Sapru. He has written a very persuasive,
a very lucid article, not for separation, but against
separation in one of our English dailies, wherein he has
said about the Preamble to our Constitution, that it is
a Sovereign Republic. Since our Constitution is not rigid,
since amendments are allowed, since our Constitution is
purposely made flexible, even an amendment to the Preamble
can be brought forward. And therefore it does not matter
much whether, as the Minister has state, the talk about
separation is repugnant to the Constitution or, as the
jurist has pointed out, it is open to question.
Apart
from the Constitution, it is a matter of conscience. You
should think everyone of you in this House should think
why a particular section in this country feel a way diametrically
opposed to what everybody else feels. We could not have
been peculiarly brought up. We could not have been unaware
of the good influence that was being inculcated in this
country for the past forty or fifty years. We heard Mahatma
Gandhi talk about the great Bharat. We have heard with
a thrill, as most of you have heard, about the oneness
of this country. We have read about the oneness of this
country. Yet, do some of us feel that the present political
set-up of a federation makes the State become almost like
a colony. Why do we feel that way? There is again the
other item referred to by my friend Mr Bhupesh gupta regional
disparity. You cannot ignore the existing regional disparity
in the economic sphere. There is the psychological sphere
which has been referred to, and you will come to the only
conclusion to which some of us rather most of our people
– have come to, in our part of the country. We feel that
if we remain a part and parcel of the Indian Union, if
we remain as a component part of the Indian federation,
linguistically there would be an imperialism, economically
our State would be backward and psychologically we would
not have so much of solace as we would have if we were
to be separate. That is the background we would request
everyone of the Members of this House to ponder over.
It
was strengthened by the liberal dicta propounded by the
present Prime Minister of India, while he was not the
Prime Minister, but the leader of the liberation movement
in the subcontinent. He has stated on many occasions that
his party, the Congress Party, would try to ask or try
to persuade every component unit other a particular section
of the people thought that particular area should secede
from the Union, he would not force them to remain in the
Union but would give them the right to secede. I am quoting
his famous speech at the Kapurthala Ground. I am also
quoting his writings about the problem of separation.
At that time the problem of separation was about Pakistan
and not about other things. Therefore, when we read the
liberal dicta of Pandit Jawaharlal Nehru, we were strengthened
in our thought that if we were to present our case sincerely,
you would consider it. But instead of meeting the DMK
and its propaganda on the political ground, you are bent
upon bringing forward a legislation. “The Congress Position
was that India should remain a national union but if at
the same time the population of a unit specifically declares
that they would not be in the common unit, then the Congress
should not ask them to stay in the Union. Thus the Congress
recognizes the right of separation or self-determination.”
This is what Pandit Jawaharlal Nehru has stated on 29th
August, 1945. I have other quotations too but I do not
want to take up the time of the House. Therefore, it is
not that we are bringing forward a theory or a thesis
which is very repugnant to everybody. At one time, Pandit
Jawaharlal Nehru thought thought that it would not be
so. Mr Sapru has himself said that. He has asked the DMK
and particularly me I am glad that he has requested me
– to give this up and he has said that merely because
there is a federation, that does not mean that for all
time to come a component unit of the federation cannot
break away from it. Please study the history of federation,
all over, present and past. Wherever any component part
of a federation feels frustrated, feels that it can get
much by remaining our rather than by remaining in, then
that federation is bound to break up. It may not interest
you, but it does interest me to know, to remind myself,
that the Scandinavian Union – the Union between Norway
and Sweden- was in vogue for four centuries, for four
hundred years. Nobody questioned the validity, the legality
or the logicality of it. But yet, a part of it thought
that by remaining in the Union they would not be getting
what they years, that Union was broken. I have pointed
this out not in a menacing spirit but as a student of
history. Please do not trot out arguments by saying that
our federation is indissoluble and therefore we cannot
separate. Give us more cogent reasons, give us more assurances.
By
amending Article 19, the Minister has stated, the freedom
of speech is curtailed so as to safeguard the sovereignty
and integrity of India. But our Constitution refers to
fundamental rights and any restriction of the fundamental
rights should be a reasonable one. The reasonableness
or otherwise is not to be decided merely by the majority
in a Parliament but by the judicial mind. They should
sit and say whether this restriction is reasonable and
even granting for argument’s sake that the restriction
is reasonable, we should be informed whether the restriction
implies prohibition also. You can restrict a particular
right; say, go thus far and no father. That was what the
Home Minister stated in this House some months ago when
an Hon. Member put him a question about the propaganda
for separation. He said, if they go beyond a certain point,
we will think about it. Now, that is a most wholesome
principle of fundamental rights, of freedom of speech.
But this is total prohibition; this is no restriction,
telling the people not to preach violence, not to preach
sabotage, not to preach a no-tax campaign. A mere talk
about separation is not merely restricted but completely
prohibited. The Hon. Minister who moved this Bill was
very eloquent when he said that the two cardinal principles
in our Constitution were sovereignty and democracy. This
is not sovereignty; nor is it democracy. Sovereignty does
not mean power to be concentrated in one place and one
place alone. The very term ‘sovereignty’ the definition
of sovereignty is undergoing vast changes due to the impact
of various political forces in this country, and outside
this country. The United Nations Assembly is very busy
defining what is meant by the term ‘self-determination’.
I understand a committee is in the process of finding
out what exactly is meant by the term ‘self-determination’.
Therefore, let us not think that sovereignty has been
explained in all its implications, and let us not also
think that by bringing forward a measure, we can put down
any thought or any talk or any discontent in any part
of the country by anybody.
If
such a law is brought forward and is passed, what is the
situation? Though my friend Mr Bhupesh Gupta supported
it generally, and in principle, he has also asked the
Congress Party, the ruling party, to fight us on political
ground - I do not even want to use an offensive word such
as ‘fight’ meet us on the political ground. Why do you
fight shy of meeting us? Did the National Integration
Committee care to enquire about our point of view? Did
the persuasive Home Minister create a machinery whereby
by can get an insight into our sentiments, our feelings?
Simply because you have got a majority, simply because
the DMK is in a minority, it is very easy for you to pass
a legislation, and it is easier for me to go back to my
people and say, “Well, I fought for you singly and all
alone, and yet the Bill was passed. What shall I do?”
And my people, naturally, will say, “All right; let us
resist it,” Therefore, you are creating an atmosphere
of lawlessness, the breaking of laws. That is why, whenever
a new legislation is contemplated, you should think to
borrow a phrase from my friend, the Home Minister – you
should think a hundred times before you bring in any new
legislation, see whether there is any necessity for it,
whether there is any urgency for it, whether there is
any cogency in it. Here there is neither urgency nor necessity
nor cogency. I oppose this Bill, and in opposing this
Bill I am really sorry that I have run counter to the
various sentiments of every one of the Members of the
House, for whom I have the greatest respect. I would request
everyone of them to ponder over the problem carefully,
considerably and in a compromising spirit. I can even
go so far as to tell the Home Minister, “All right, pass
the legislation, but it will only remain in your archives
or in your armoury. The people know how to meet the situation.”
Instead of that, after this Bill is passed, I would still
request the Home Minister to constitute a parliamentary
committee. Let it not be an official committee. Let it
not be an official committee. Let it be a non-official
committee composed of Members of different political parties.
Ask Mr Sapru to be there; ask Mr Bhupesh Gupta to be there.
I would very much like my friend, Mr Vajpayee, to be there.
Let them tour our part of the country, stay there for
a fortnight, meet all people, understand the cross-currents
of political thought there, and then let them submit a
report. I accept such a committee and I say that we would
present materials enough for them to ponder over this
problem and when they go through those materials, they
will come to me and say, “Well, if these are the things,
it is not unjustifiable for you to ask for separation,
and yet we would very much like you to be with us. Now
there is a German saying, “If you would not be my brother,
I would break your head and make you one.” Please do not
break heads if you want concord, if you want a calm political
atmosphere and if you want if you want to solve political
problems on the political plane.
Thank
you.