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Lok Sabha passes Constitution Amendment Bill 2017

RS debates the Aadhaar, LS passes The Motor Vehicles (Amendment) Bill 2016.

April 10, 2017 11:08 am | Updated 07:14 pm IST

Law & Justice, Information Technology Minister Ravi Shankar Prasad

Law & Justice, Information Technology Minister Ravi Shankar Prasad

After the successful passage of four GST related Bills in both Houses, Parliament assembled on Monday after a weekend break.

But furore arose over the issue of BJP leader Tarun Vijay's alleged reference to South Indians as "black" while reacting to attacks on African students in Noida iin an interview. The Lok Sabha was adjourned for a brief while.

The Rajya Sabha too witnessed shouting of slogans. Congress members trooped into the well of the House, alleging that the government is misusing enforcement agencies for 'political vendetta'. This follows the Enforcement Directorate's action against Himachal Pradesh Chief Minister Virbhadra Singh for alleged money laundering.

Live updates:

7.00 p.m.: Lok Sabha adjourns till Tuesday 11 a.m.

6.48 p.m.: Lok Sabha passes The Constitution 123rd Amendment Bill 2017.

 

6.30 p.m. Constitution Amendment Bill continues on voting

Lok Sabha votes  constitutional amendment Bill in the House on legislation

Rajya Sabha adjourns till Tuesday 11 a.m.

6.15 p.m.: Factory amendment will be taken in Rajya Sabha tomorrow, says P.J. Kurien.

5.45 p.m.: Minister Ravi Shankar Prasad promises to look into all data leak cases and says that officials will be directed to revise biometrics database for old and labourers.

The discussion on Aadhaar in the Rajya Sabha concludes. The RS now begins discussion on the Constitution (Scheduled Castes) Order Bill, 2017.

5.30 p.m.: Aadhaar is robust, safe and accountable, says Mr. Prasad, continuing his reply to the discussion in the Rajya Sabha. "Trust us," he says.

Jairam Ramesh lays out three quick points:

" He did not mention that there was a SC order after the Act was passed.

He quotes selectively from the 2015 SC orders. Nowhere does it say that SC orders are contingent on parliament passing an act. It also says aadhaar is purely voluntary."

"The cat is out of the bag now. Honourable Minister has just quoted the preamble and said aadhaar was brought for better targeting of subsidies. But you have expanded it by bringing it as a money bill!"

Derek O'Brien has two specific clarifications:

"No one from the poor will be denied their rights, the minister has said. But a website leaked the aadhaar data of 5 lakh minors. I bring this to your notice. If you protected MS Dhoni, protect this minors who don't have the celeb status of Mr. Dhoni."

"You gave us examples of difference between biometrics and demographics - by the way, what was leaked for these 5 lakh minors was demographic, not biometrics. How will you bring the numbers of people who don't get benefits inspite of having aadhaar card down?"

MP Tapan Sen of CPI(M) asks a clarificatory question on manual labourers and old people being excluded because of change in biometric details.

4.40 p.m.:  In the RS, Law & Justice, Information Technology Minister Ravi Shankar Prasad replies to the Aadhaar discussion. "Very proud of PM Narendra Modi. Yes, he pointed out need to work on Aadhaar, to give it legal basis."

He pulls out his Aadhaar card and points out the details present. "How safe is Aadhaar? How secure is it? Very safe. Very secure. Minimum data is collected. No information on medical history, caste, religion, language etc."

Mr. Prasad reels out numbers. "43.4 cr bank accounts linked with Aadhaar. 69.9 cr LPG connections linked with Aadhaar. 17.51 cr ration cards linked with Aadhaar. 868.69 cr MGNREGA accounts linked with Aadhaar. 1.04 cr passports linked with Aadhaar, 1.08 cr PAN cards, 48 lakh pensioners are receiving pension with their Aadhaar cards!"

"In the last 6 years cancelled and blacklist 34000 operators who have misused Aadhaar. Since Dec 2016, taken against 1000 operators. We have a proper oversight system available. Aadhaar does not know the purpose for which authentication is sought. Therefore, only minimum info, no profiling. "

He also talks about privacy concerns. "Biometrics can be used only for aadhaar purposes. If he uses it otherwise, he will be hauled up." 

"Even MPs can become pally with celebrities. What is the mistake in taking a photo with Dhoni?", Mr. Prasad touches on the issue. "But immediate action was taken. Operator was blacklisted for 10 years. Not only with the case with Mr. Dhoni, action has been taken with 34000 operators!"

The debate on repealing the National Commission for Backward Classes Bill is still underway in the Lok Sabha.

 

4.30 p.m.: Rajya Sabha

Initally, Aadhaar was envisaged as a means to help seamless distribution of subsidies. But now it has become a tool of surveillance: DMK MP Tiruchi Siva. "Details required to be shared by Aadhaar holder is not even required by US Social Security holders," he says.

Mr. Siva brings up the linkage of mid-day meal scheme with Aadhaar and says the move is constitutional.

"When they (BJP) were on the other side during the introduction of Aadhaar, they were against it, questioning the privacy issues. But now, they are making it mandatory for everything."

"Yes we need Aadhaar, we are not against it. But the government must be very keen in ensuring that a law is properly enacted for the protection of privacy," he signs off.

4.00 p.m.: Rajya Sabha

YSRCP MP from AP V. Vijaysai Reddy lists out reasons why he thinks Aadhaar is required:

"A study by the planning commission on the PDS found that 36% of grains are leaked due to existence of bogus cards. According to them, Aadhaar can reduce such leakages. The economic survey says that LPG leakage has also been reduced by 26%.

"The linkage of Aadhaar to the PAN is very much required.  This is reasonable because there are people with multiple PAN cards.

"Linking of Aadhaar to voter ID. People from every village of Andhra have migrated to Hyd and now they have two voter ID cards - one from their village and another one in Hyd. Linking Aadhaar to voter ID can help this issue."

But he points out issues as well. Says Aadhaar based biometric authentication in rural areas have several infrastructural bottlenecks and talks about preparedness of States.

Congress MP from Assam, Ripun Bohra wants to point out several contradictions in the Bill.  "There was a hue and cry and a big protest in Assam because the fear that illegal migrants could get the Aadhaar card. In order to permanently solve the issue of illegal migrants, this decision was taken."

Mr. Bohra points out the Supreme Court ruling that "Aadhaar card is not compulsory and anyone insisting on Aadhaar cards will be taken to task".  "The Apex court has said that govt cannot make the use of Aadhaar mandatory in the use of welfare schemes. But the SC has also said govt can continue to use Aadhaar in non-welfare schemes. So when the apex court has made it clear that aadhaar cannot be made mandatory for welfare schemes, officials in various departments are insisting on the card. As a result, everyone is suffering."

3.40 p.m.: Who is UIDAI responsible to? questions Derek O'Brien in the Rajya Sabha. The RS is discussing the Aadhaar and its implications. 

"We are all for Aadhaar but in implementation there are issues, it hurts the marginalised. This is not about privacy. Benefits not going to stone masons, construction workers etc."

He quotes PM Modi's tweet from April 8, 2014 on Aadhaar implementation - "Bolte ek, karta dusra". (Say something, do something else)

 

"A number is not a thumbprint. It has two issues on the privacy front - the misuse of data, and in the guise of 'mandatory' it is putting a gun to my head," says Mr. O'Brien.

3.30 p.m.: Lok Sabha passes The Motor Vehicles (Amendment) Bill, 2016.

The LS now takes up The National Commission for Backward Classes (Repeal) Bill, 2017 and The Constitution (123rd and Amendment) Bill for debate.

 

3.00 p.m.: Division voting begins in the Lok Sabha for amendments number 78-80. Amendments negative. Clause by clause consideration continues.

2.45 p.m.: The Lok Sabha considers the The Motor Vehicles (Amendment) Bill, 2016 clause by clause. The Rajya Sabha, back after a brief adjournment, is currently discussing the Aadhaar, its implementation and implications.

1:05 pm: Rajya Sabha, too, is adjourned.

12:45 pm: Lok Sabha resumes. Opposition leaders say Home Minister statement was not satisfactory.

Mr. Kharge insists on FIR being filed. Mr. Ananth Kumar says: "Home Minister has given his statement, Tarun Vijay has also tendered apology. He (Vijay) is not a party spokesperson, we are one, there is no colour, caste, creed discrimination."

Mr. Kharge, please do not try to create any divide, there is no discrimination, we follow the principle of "Ek Bharat Shrestha Bharat".

Congress members again raise slogans. House is adjourned till 1:50 pm.

12:25 pm: In Rajya Sabha, Vice President Hamid Ansari pulls up HRD Minister Prakash Javadeker for coming late. The minister said he had to lay Bills in Lok Sabha but he managed to reach to answer during Question Hour.

Questions were related to pollution in North India, especially in Delhi.

12:23 pm: Lok Sabha adjourned. To meet again at 12:45 pm.

12:22 pm: SAD member raises the issue of anti Sikh riots.  He accuses Congress of not even tendering an apology.

The 1984 anti-Sikh riots broke out in 19884 following the assassination of the then Prime Minister Indira Gandhi by her Sikh body guard.

12:20 pm: Home Minister Rajnath Singh responds. He asserts that India is a secular country and no one will be discriminated on the basis of caste, religion or race.

Mr. Singh recalls Mr. Vijay often saying he is the "adopted son of mother Tamil. "

"The person about whom Mr. Kharge said, that person said the statement he gave was indefensible and he has tended apology," Mr. Singh says.

12:15 pm: Mr. Kharge wants to know what action the government will take against the former MP for his remarks.

"Because he (Mr. Vijay) himself has told like this, are they the descendents of Hitler, this shows your mentality and ideology, you want to separate us, we demand that each state should assert independence.this shows that government is backing such things, are you going to file an FIR against him. Article 15 says there should be no discrimination," Mr. Kharge asks.

"They are creating problem for entire country, today they seek apology after humiliating, insulting," Mr. Kharge says.

12:10 pm: Mallikarjun Kharge raises Tarun Vijay's remarks on racisim. Mr. Kharge says some MPs, former parliamentarians, giving racial comments, seeks to bring adjournment motion for discussion on the issue.

A person who has written extensively in newspapers has published books is making a statement against South Indians.

Mr. Kharge reads out Mr. Vijay's statement. BJP members object it. "He is not an ordinary man. He writes about BJP's ideology. Aren't South Indians citizens of India?"

12:00 noon: Question Hour ends in Lok Sabha and begins in Rajya Sabha. Ministers are laying papers pertaining to their Ministers.

11:50 am: Meanwhile Rajya Sabha has reassembled. Naresh Gujral talks about anti-Sikh riots. He claims the riots were not a Hindu-Sikh riots as Congress had wished we believe, but a state-sponsored one.

Congress members objected to the reference. They want the member's remarks to be expunged.

11:50 am: Harinarayan Rajdhar raises issue of closed mills and units in Mau, asks if government has plans to support the families.

Labour Minister Bandaru Dattatreya responds.  He says in 2016-17, 13 units were closed, over 2000 workers were affected.  Those affected will get 50% of the last availed wages in first year, grants also under Rajiv Gandhi Kalyan Yojana. In the second year, 25% of the wage will be awarded.

National average of unemployment was 5.8 per cent, rural area 3.4 per cent, urban 4.4 per cent. Over 75 job melas will be conducted to address unemployment, says Mr. Dattatreya.

11:47 am: Gajendra Singh Shekhawat asks if HRD Ministry has taken up the issue of service tax on universities with the Finance Ministry as it directly impacts students. The junior minister asks the member to come up with suggestions and he will take it up with the Finance Ministry.

Another member joins the issue saying if universities are taxed, the fiscal burden would be on students.

HRD Minister Prakash Javadekar intervenes. He says the GST Bill that has been passed, addresses the issue and concessions will be given to the education sector.

11:45 am: In Lok Sabha, P.K. Biju from Kerala raises issue of tax from university staff, they are not entitled to tax deduction, junior minister for HRD says it is related to Finance, my ministry is not concerned with it directly.

11:45 pm: Chandrakant Khaire says in his area hoshangabad, there is progress in the development of zone, 7.7 lakh employment potential but more industries not coming, seeks help in getting more investments and industries.

Mr. Sitharaman says we are making efforts to bring in more industries, we are open to every proposal for investment.

Kolar Member Muniyappa says large SC population in the National Investment and Manufacturing Zones in Karnataka, requests due attention.

Minister says acquisition of land is an issue, will talk to the State government to ensure due attention.

11:40 am: Mr. Kurien goes ahead with conducting business in Rajya Sabha despite disruption. Even when members pause for a moment, Mr. Kurien says, "Speak! i can hear and it will be recorded."

House is adjourned for five minutes.

11:30 am: In Lok Sabha, Ms. Sitharaman is answering questions pertaining to National Investment and Manufacturing Zones.

On a blanket approach we are not considering discounts to one company or other, all over the country 30 per cent local resources are required to be included, says Ms. Sitharaman.

Member Abhishek Banerjee asks if there is any plan to set up any zone in West Bengal.

Eight NIM centres are set up, she says. 6280 hectares in Nagpur zone, 60,000 direct and 2 lakh indirect employment potential, food agro and processing facilities will also be set up.

Deputy Speaker Thambidurai asks if an industrial corridor will come up at Hosur. The Minister replies in negative but says Ponneri, Thoothukudi and Kolachal are being considered from the State.

11:25 am: Rajya Sabha reconvenes. Opposition continues its demand to take up "abuse of government agencies". Mr. Kurien takes up Zero Hour amid slogans.

11:25 am: Question Hour resumes in Lok Sabha. TDP member Divakar Reddy seeks one more Centre as part of national investment and manufacturing zones. Ms. Sitharaman, Commerce Minister, says it is up to the State government to recommend.

11:20 am: Lok Sabha reconvenes. Mallikarjun Kharge seeks time to speak about Tarun Vijay's remarks. Ms. Mahajan says it can be taken up during Zero Hour. She says she will ask the concerned minister to respond too.

"If you want to bring it on record, raise it during Zero Hour, or else I am not allowing it", says Speaker

11:15 am: Meanwhile in Rajya Sabha, the House is adjourned for 10 minutes.

As soon as the Upper House assembled, Congress members take up the issue of Himachal Pradesh Chief Minister Virbhadra Singh charged in money laundering cases.

"This government is protecting money laundering of their CMs. On the other hand, agencies being used for political vendetta against other CMs," says Anand Sharma.

Leader of Opposition Ghulam Nabi Azad also joins in. Congress members troop the Well. Deputy Chairman P.J. Kurien adjourns the House for 10 minutes.

11:12 am: Lok Sabha adjourned till 11:30 am

11:10 am: Opposition members continues to raise slogans. Ms. Mahajan says she will allow them to take up the issue during Zero hour. Her assurances does not cool the Opposition, who continue to raise slogans.

Minister Ananth Kumar intervenes. He points out that Nirmala Sitharaman, a South Indian, is answering questions and member should allow her to answer.

11:00 am: Lok Sabha assembles. Speaker Sumitra Mahajan is in the Chair. She proceeds with Question Hour. Opposition members raise slogans agains Tarun Vijay's remarks. In a television interview, the former MP from Uttarakahnd had asserted that Indians were not racist. TO prove his point he said "We are living with South Indians, who are black."

(With inputs from Vikas Pathak and Devesh K. Pandey)

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