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INDIA


was a milestone in the journey towards democracy and the story of Indian democracy was a unique one. India fought against one of the most powerful colonial powers but it was unique in the history that both the countries parted not with any hatred but with friendship. In a parliamentary democracy,


it was not unusual to have confrontations and there had been confrontation in the federal structures, between the various organs of the State i.e. the Judiciary, Executive and Legislature. The House acted as a great shock absorber wherever there was such tension, dispute and dissent and over the years, a system evolved in which an amicable solution to all such confrontations was found out. He lamented that a handful of members throttled silent majority and called for a mechanism that would eliminate disruptions. Shri Mukherjee believed disrupting the House served no purpose and called for tolerance towards divergent views in the task of nation-building. The senior BJP leader, Shri L. K. Advani said becoming a great and successful


ideology and a way out to each and every problem could be found out through debate. The Chairperson of the ruling


UPA, Smt. Sonia Gandhi (INC) said at independence and at one stroke, millions of poor and illiterate men and women, were given the power to change their


THIRD READING: INDIA


The Constitution (Scheduled Tribes) Order (Amendment) Bill, 2012 Clause (25) of article 366 of the constitution of India defines “scheduled tribes” as tribes or communities deemed under article 342. Article 342 provides that-


Smt. Sonia Gandhi, MP Shri L.K. Advani, MP


democracy was India’s biggest achievement and the country had been able to maintain it belying the apprehensions of all skeptics. For him reconciliation and tolerance of divergent views were the biggest virtues of democracy. There was mutual respect among people who believed in different


destiny. She took pride in saying that India’s Parliament, elected by the largest electorate in the world and reflecting the aspirations of some 1.2 billion people had grown into a great representative political institution. She also took pride in the extraordinary range and content of the laws enacted by the Parliament over the last 60 years. Stating that the journey of Parliament had not always been smooth or without challenges, she said the conduct of members must rise to the highest ethical standards that were followed and demanded by the Founding Fathers of our nation. Smt. Gandhi also stressed that the integrity and independence of Parliament must be preserved and protected at all cost. Shri Mulayam Singh Yadav (SP) was happy that India was the largest democracy in the world and it was made possible due to the struggle and sacrifices made by the poor and illiterate people. Acknowledging the role played by the defense forces in protecting the country which in turn helped sustain democracy, he said the farmers, labourers and poor people were owed their dues. Shri Dara Singh Chauhan


1. The President may with respect to any State or Union Territory, and where it is a State, after consulta- tion with the governor thereof specify the tribes or tribal communi- ties which shall for the purposes of this constitution deemed to be Scheduled Tribes in relation to the State or Union Territory.


2. Parliament may by law include or exclude from the list of sched- uled tribes specified in a notifica- tion issued under clause (1) any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notifica- tion.


In view of the above constitutional provisions, the first list of scheduled tribes in Karnataka was notified through the constitution (Scheduled Tribes) Order, 1950. It was further modified through the Scheduled Castes and Scheduled Tribes Orders, (Amendment) Act, 1956, the Scheduled Castes and Scheduled Tribes Lists (Modification) Order, 1956, the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976, the Constitution (Scheduled Tribes) Order (Second Amendment) Act, 1991 and the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 2002. At present, there are 50 communities appearing in the list of


scheduled tribes in Karnataka. To fulfill the long standing demand for considering the grant of scheduled tribes Status to the “Medara” community in Karnataka, the constitution (Scheduled Tribes) Order (Amendment) Bill, 2012 was brought forward to achieve this objective. In Part VI of the schedule to the


constitution (Scheduled Tribes) Order, 1950 pertaining to the State of Karnataka at entry 37 “Medara” was inserted after the community “Meda”. The Minister-in-charge of Bill


informed Parliament that there had been a long standing demand for inclusion of Medara in the list of scheduled tribes in Karnataka. The State government’s proposals were considered favourably by the government of India, which was also supported by the Registrar General of India. Members supported the


measure, but suggestions were made that the Anthropological Survey of India might prepare a final list of all the ethnic groups in India and report to NCST and the government. The Minister in his reply clarified


that the Amendment Bill actually sought to correct an error that had taken place in 2002. As for the exhaustive list, the Minister stated that anthropological studies and ethnographic studies related to communities were the criteria recognized for inclusion of communities in the scheduled tribes list. The Bill was passed by Lok


Sabha on 15 May 2012 and by Rajya Sabha on 21 May 2012. The Bill as passed by both


Houses of Parliament was assented to by the President of India on 31 May 2012.


The Parliamentarian | 2012: Issue Three | 211


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