SHRI CHANDRA SHEKHAR (Ballia) (U.P.) : Mr, Speaker, Sir, I want to raise a serious matter in the House, which is an unprecedented in the history of Parliamentary Democracy.

Mr. Speaker, Sir, the Law Commission has submitted a report to the Government on February 26 that the Patent Bill which had been passed by the Rajya Sabha, did not include some vital points. It is against the National interest. They said that it could have been included in the TRIP law, but it has not been done so.

It has been mentioned in the report that there are such circumstances on which we have discussed the issue and had submitted the report after discussion. This report was sent to Ministry of Law on February 26 and they said to them that in our opinion, when the motion will be moved in Lok Sabha, then this aspect should also be discussed, otherwise there would be a great loss to the country. I think that the Law Commission is a respected institution. This report has been submitted unanimously. It is been mentioned therein clearly that discussion should be held in the Lok Sabha on this issue, but I am surprised that the report has not been sent to the Speaker of Lok Sabha. I don’t know at which stage, this has been discussed with him by the Government. I have been told that a letter has been written to the Law Commission. My personal opinion is that when such a report was submitted by the Law Commission then at least it should have been discussed by the Cabinet. Even if the Cabinet had not discussed it, because they might be busy due to excess work load on paucity of time even then the report should have been sent to the Speaker because it is clearly mentioned therein. I would not like to present this report in the House but I would certainly like to read the forwarding letter, attached therewith

“I am sending herewith 167th Report on“ The Patents (Amendment) Bill, 1998.

The Law Commission had taken up the aforesaid subject suo motu in view of the fundamental importance of the provisions contained in the aforesaid Bill and notwithstanding the fact that it has already been passed by the Rajya Sabha. This unusual step has been taken in view of certain significant omissions in the Bill, which impinge seriously upon our national interest.

The recommendations contained in the Report may be considered by the Government and Parliament while debating the said Amendment Bill in the Budget Session.”

This is the recommendatory letter. The very first paragraph says : “The Law Commission of India has taken up the study of the Patents (Amendment) Bill, 1998 (introduced in Rajya Sabha on 16th December, 1998 and passed by the Rajya Sabha on 22nd December, 1998) suo motu in view of the fundamental importance of the provisions contained in it and notwithstanding the fact that it has already been passed by the Rajya Sabha. This unusual step is being taken in view of certain omissions in the Bill. For example, though Article 27 of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) entitles the Member-States to provide for certain exemptions, they have not been incorporated in the Bill. The said omissions impinge seriously upon our national interest. There are others as this Report will disclose. Having considered the provisions of the Amendment Bill in depth, and after consulting several experts on the subject, the Law Commission is submitting this Report. The recommendations contained in the Report may be considered by the Government and the Lok Sabha while debating the said Amendment Bill in the Budget Session.”

It is specifically said that this Report should be considered in the Lok Sabha. It was given to the House or to the Government on 26th February. We were discussing the Patents Bill only two days back. Mr. Speaker, Sir, I want to know that if the Government has failed to comply its duties, whether it is not the duty of the Government to follow the etiquette. Whether it was not proper. . . (Interruptions) when I am speaking, please don’t intervene.

Mr. Speaker, Sir, if the norms of etiquettes are not followed, I think at least if any statutory commission, presents its report to the Government and recommend that it should be discussed in the Lok Sabha, it becomes obligatory on part of the Government, whether it take action on it or not, at least report be sent to the Speaker.

Had this report been sent to the Speaker of Lok Sabha, it would have been passed on to the Members as well. I do not want to waste the time of the House by reading out the recommendations made. I do not know whether there are higher and wiser people than the Law Commission who have more knowledge about Law than the Commission itself and whose recommendations the Government considered necessary to accept. In this way, not only the Law Commission but also the Parliament has been ignored. Mr. Speaker, Sir, I am raising this issue because it is a serious one. I know when you will get this Report, I do not want to violate the rules by presenting it in the House. But you and the House should take this issue seriously. Sh. Mohan Singh ji had raised this issue earlier, but the people ignored it at that time.