CENTRAL UNIVERSITY OF PUNJAB

BATHINDA CENTRAL
Department of law

Subject – Legal Theory (LLM 507)

Term paper (Topic) – The Necessity of a New Parliament

building.

Submitted by: - Submitted to:-

Sheetal Dr. Tarun Arora

LLM Professor of Law

1st Semester School of law and governance

Central University of Punjab, Bathinda

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Table of content

1. Introduction………………………………………………………………………………5
2. Literature review…………………………………………………………………………5
i) Do we really need a new Parliament building or is it a waste of public money?
Shekhar Iyer examines………………………………………………………….5
ii) Govt has money for Central Vista project but not for poor…………………….6
3. Govt. explains the need for a new Parliament building…………………………………7.
4. Historic moments……………………………………………………………………….7
5. Future needs………………………………………………………………………........8
6. Court Puts India’s $130 Million New Parliament Building on Hold…………………..8
7. Plan to erect new Parliament building gets SC green light…………………………….9
8. The Central Vista project………………………………………………………………9
9. Conclusion……………………………………………………………………………..10

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Title of proposed study

The necessity of a new parliament building

Literature Survey/Review

The following primary and secondary source have been referred to:-

Primary sources

Books
 Nomita aggarwal, “Jurisprudence (Legal theory)”(2014)
 Shubhash c kashyap, “Indian parliament”, (1984-1990)
 P.M. BAKSHI , “The Constitution Of India” (2015)
 Devender Singh, “the Indiann parliament,” (2016).

Secondary sources

Journal/Article referred:

 Shekhar Iyer, “Do we really need a new Parliament building or is it a waste of public
money?” TFPJ(2020)
 Digvijaya Singh, “Government has money for Central Vista project but not for poor”
Bloomberg PTI(2020)

Website Referred

 https://www.thehindu.com/news/national/govt-explains-the-need-for-a-new-
parliament-building/article31026069.ece
 https://timesofindia.indiatimes/india/new-parliament-building-all-you-need-to-
know/articleshow/79588951.cms
 https://www.bloomberg.com/news/articles/2020-12-07/court-puts-india-s-122-million-
new-parliament-building-on-hold

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Scope of research:

To find out the issues involved with new parliament building and the SC decision for making it, is
it really the need of todays or we are in wastage of time and money with this big project that is
central vista project including new parliament building, on the other side we are facing with the
serious problems of poverty, and unemployment.

Research question

1. What are the changes and effect of the new parliament building?
2. Do we really need a new Parliament building?
3. Why there is need of new parliament building?

Research aim:

Assessing that the need of new parliament building, and its effect on economy while india is facing
economic crisis and below the GDP.

Research objective:

1. To identify the effect of new parliament building on economy.

2. To identify the issues involving in making new parliament building
3. Analysing with the news and the different opinion of the jurist.

Research Hypothesis:

To hypothesized that the central vista project including the new parliament building without
consideration of the public good and the GDP of the Nation.

Research methodology:

In accordance with the objective of the present study, doctrinal research design has been adopted.

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Introduction

The Central Vista revamp, announced in September, 2019 envisages a new triangular Parliament
building, with a seating capacity for 900 to 1,200 MPs that is to be constructed by August, 2022
when the country will be celebrating its 75th Independence Day. The common Central
Secretariat is likely to be built by 2024 under the project. PTI BUN NSD NSD.1 However on the
other side we are facing with the many serious in the country on which we have to concern such
as poverty level increasing, unemployment rate are also increasing, population of India also
increasing these are the problems on which we focus. And also in this covid-19 pandemic these
problems are increasing abrode level. Rather than investing the huge money on the central vista
project, however this project is focuses on the different situation of the country comparing with
the big project of the country.

Literature review

Do we really need a new Parliament building or is it a waste of public money?

Shekhar Iyer examines.

The Central Vista project has raised questions about its need and the spending of huge sums of
public money. Former Finance Minister P Chidambaram went to the extent of saying that “the
foundation for a new Parliament building was laid on the ruins of a liberal democracy”. Ultimately,
everything will depend on the verdict of the Supreme Court.2 After Prime Minister Narendra Modi
laid the foundation stone on December 10 for an ultra-modern triangular Parliament building, a lot
of debate has centred around the need for a new structure and whether public money should be
spent by the Government now. This new structure is to replace the 93-year-old circular Parliament
House, which was designed by architects Edwin Lutyens and Herbert Baker in 1912-13 and
inaugurated in 1927.

1
New building project, available at: https://in.finance.yahoo.com/news/heritage-conservation-committee-
approves-construction, (last visited on 04, January, 2021)
2
Shekhar Iyer, “Do we really need a new Parliament building or is it a waste of public money?” TFPJ(2020)

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The new building, having a seating capacity of 1,224 MPs sitting together, should be completed
before Winter Session 2022, in accordance with Modi’s desire for a grand celebration when India
turns 75.

Govt has money for Central Vista project but not for poor

Questioning the logic behind the construction of a new Parliament building, Congress Rajya Sabha
MP Digvijaya Singh on Monday said during the COVID-19 crisis, the Centre has funds for the
mega project in Delhi, but not for the poor. When the Congress demands that the central
government provide minimum income guarantee to the poor, it talks about scarcity of money, the
former Madhya Pradesh chief minister said. I am unable to understand the logic behind
construction of a new Parliament building. We will oppose this project in totality, Singh told
reporters here. The Central Vista project, announced in September last year, envisages a new
triangular Parliament building, with seating capacity for 900 to 1,200 MPs, that is to be constructed
by August 2022 when the country will be celebrating its 75th Independence Day. The foundation
stone-laying ceremony for the Central Vista project is slated on December 10. During the COVID-
19 crisis, the Modi government raised the issue of scarcity of funds. Leave aside other things, it
has even stopped funds under the MPLAD scheme for two years," the Congress veteran said. The
Congress has demanded implementation of the Nyuntam Aay Yojana (Nyay), or minimum income
scheme, for the poor, but the government says it has no money for the programme, he said.
However, they have a lot of funds for giving loans to corporate houses and for construction of the
new Parliament building, Singh said. Extending support to the "Bharat Bandh" called by farmers
on Tuesday to oppose the Centre's new agriculture laws, he said Prime Minister Narendra Modi
talks about doubling cultivators' income by 2022, but the fact is crops like wheat, rice and corn are
being sold below their MSP.3

3
Digvijaya Singh, “Government has money for Central Vista project but not for poor” Bloomberg PTI(2020)

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Govt. explains the need for a new Parliament building

The government last week informed Parliament that the building it functions out of is “showing
signs of distress and over utilization”, which is one of the reasons for the proposed construction of
a new Parliament House. 4

According to a release by the Prime Minister's Office (PMO), the new building is an intrinsic part
of the vision of 'Aatmanirbhar Bharat' and will be a landmark opportunity to build peoples'
Parliament for the first time after independence, one which will match the needs and aspirations
of 'New India' in the 75th anniversary of independence in 2022.5

Congress MP Anand Sharma had asked the government the reason for the proposed redevelopment
of the three-km-long Central Vista from Rashtrapati Bhavan till India Gate, and the construction
of a new Parliament building and a common Central Secretariat, which was announced in
October last year. He also sought to know the total expenditure of the project.6

Historic moments

Like all pet projects of the NDA, which may have been inspired by Modi’s desire for world-class
infrastructure for India, this project has also raised questions about its need and the spending of huge sums
of public money.

Some of these questions are being heard by the Supreme Court.

The opposition parties, particularly the Congress, have called it a 'criminal waste of money' at a time when
the country is battling a severe Covid-19 crisis. Former Finance Minister P Chidambaram even went to the
extent of saying that “the foundation for a new Parliament building was laid on the ruins of a liberal
democracy”.7

4
Need of new parliament building, available at: https://www.thehindu.com/news/national/govt-explains-the-
need-for-a-new-parliament-building/article31026069.ece, (last updated on 09 march, 2020)
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New parliament building, available at: https://timesofindia.indiatimes/india/new-parliament-building-all-you-
need-to-know/articleshow/79588951.cms, (last Updated: Dec 10, 2020, 13:06 IST)
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Congress party encounter question on new parliament building, available at:
https://www.thehindu.com/news/national/govt-explains-the-need-for-a-new-parliament-
building/article31026069.ece, (last updated on 09 march, 2020)
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Historic movement, available at: https://www.freepressjournal.in/analysis/do-we-really-need-a-new-parliament-
building-or-is-it-a-waste-of-public-money-shekhar-iyer-examines, (last visited on 6 january. 2021)

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Future needs

An even more important reason for a new building lies in the future requirements. The most important one
is the impending expansion of the size of Parliament. Due to increase in population, which has almost gone
up by four times since Independence, an increase in the number of Lok Sabha constituencies through
delimitation cannot be avoided. Though the number of Lok Sabha members was to remain constant, the
number of MPs in states were to be changed every 10 years, to reflect the change in population. This change
is to ensure that every MP will represent an equal number of citizens. The number of Lok Sabha
constituencies was frozen in 1976 up to 2001. When this 25-year term was over, it was again pushed back
by 25 years, and now the next delimitation exercise is scheduled for 2026, which is fast approaching. With
a 50 year-long freeze on the number of MPs, it is expected that it is not going to be postponed one more
time. It is speculated that the size of the Lok Sabha will be increased to more than 800, from the current
strength of 543.

Court Puts India’s $130 Million New Parliament Building on Hold

India’s Supreme Court temporarily halted work on a plan to build a new parliament house, a
setback for Prime Minister Narendra Modi whose legacy will include the ambitious development.

A three-judge panel on Monday expressed unhappiness over the government not waiting for the
court’s verdict on petitions ranging from land use to the environmental impact of the project, but
allowed paperwork and other procedures -- including a groundbreaking ceremony due Thursday -
- to continue. The federal government agreed to put on hold the felling of trees and any construction
work until the judgment.

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The order on the Central Vista project gives ammunition to opposition parties who have been
attacking Modi for spending an estimated 9.7 billion rupees ($130 million) on the new parliament
building when India’s economy has crashed into recession and millions are being pushed into
poverty amid the coronavirus pandemic. Modi also plans to replace adjoining secretariat buildings,
which will add to costs.8

8
Court puts on hold, available at: https://www.bloomberg.com/news/articles/2020-12-07/court-puts-india-s-122-
million-new-parliament-building-on-hold, (last updated on 7 december, 2020)

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Plan to erect new Parliament building gets SC green light

In majority opinion, top court says change in land use under DDA Act is proper. The Supreme
Court, in a majority judgment, on 05 January, 2021, gave its go-ahead to the multi-crore Central
Vista redevelopment project, which proposes to build a new Parliament three times bigger than
the existing 93-year-old heritage building and modify the use of 86.1 acres of land, home to India's
power corridor in the national capital. In their majority opinion, Justices A.M. Khanwilkar and
Dinesh Maheshwari said the court cannot order the government to desist from spending money on
one project and use it for something else. They said the government did not act against public
trust.9

The majority opinion said the project did not involve any “radical” change in land use. The
proposed change in landscape would not limit “recreational spaces” for the public.

It dismissed notions that the project was “sui generis” (unique) and deserved a “heightened judicial
review”.

The Central Vista project

The Central Vista project involves the redevelopment of the area known as Central Vista Avenue,
the area between the Rashtrapati Bhavan and the India Gate, where all the important buildings
related to the union government are located. This project has two main parts, a new parliament
building, and a new secretariat complex to bring all the central govt ministries in one place. A third
part involves the development of the Rajghat and the area around it, which is available for the
general public, including the development of public amenities. This project will involve demolition
of some non-heritage buildings in the area, and construction of new buildings in place of them.10

9
SC case decision, available at: https://www.thehindu.com/news/national/sc-gives-nod-to-central-vista-
project/article33498980.ece, (last visited on 6 January, 2021)
10
The central vista project, available at: https://www.opindia.com/2020/12/central-vista-why-india-needs-new-
parliament-building-and-secretariate, (last visited on 6 january, 2021)

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Conclusion

Prime Minister Narendra Modi, while laying the foundation stone of a new Parliament building,
sounded the right notes, saying the structure would be an amalgamation of the old and new. He
consciously threaded the theme of continuity with the past, saying democracy had been inspired
by our history, that it was our soul and that it “won’t be long before the world would say that India
is the Mother of Democracy.” On the face of it, one could interpret the Prime Minister’s hyperbolic
speech as well-meant but given the crackdown on dissent during his tenure, one cannot help but
wonder if his speech was meant to obviate that criticism. Particularly when voices in the
establishment have not exactly been supportive of the participatory and accommodative nature of
democracy. Or respected the right to dissent, most often equating it with anti-nationalism. Just the
other day Union Minister Ravi Shankar Prasad had to step in to neutralise Niti Aayog CEO
Amitabh Kant’s observation about the perils of “too much democracy.” At a webinar, the senior
official had said it was “tough” to push reforms in India because “we are too much of a
democracy,” sounding unfortunately like Chinese observers, who believe that democracy in India
is prohibitive. The import of Kant’s remarks was not lost considering the Government is besieged
by farmers agitating over new laws that were pushed down their throats, ignoring consultative
processes between stakeholders. The farmers are not so much against market economics as they
are upset by the lack of explainers on how it would disadvantage them or not vis-a-vis the big food
corporations and whether they would have price guarantees, considering the minimum support
price (MSP) itself is unremunerative at the moment and would be impacted by open market
operations. While the farm laws address the need for structural reform in the agriculture sector, in
a pandemic-stressed economy, all that the farmers really want is that while fighting debts, they
should not be cheated out or exploited further. Nobody is expecting the Government to be welfarist
all the time but everybody is certainly expecting to trust it on its word. That has not happened. The
Government could have empathetically hand-held them through the change rather than attributing
destructive motives to them or demonising them.

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