Vol. 13 · pages 496–500

bottom will be eliminated, until we reach one man who gets what is called a “quota”. Shri Mahavir Tyagi: But in the Parliament the system of alternative votes is adopted. The Honourable Dr. B. R. Ambedkar : Alternative is only another name for proportional. Sir, I have nothing further to say on this point. Shri Mahavir Tyagi : Sir, I want to know Mr. Vice-President : Mr. Tyagi, my difficulty is I cannot compel the Chairman of the Drafting Committee to answer your questions. Neither can I compel him to clarify your doubts. I am going to put these amendments, one by one to vote. I put amendment No. 1075 to vote. (This was moved by Dr. Ambedkar). [Following two amendments were adopted and two others were negatived.] (1) That in sub-clause (c) of clause (2) of article 44, for the words “such member” the words “the elected members of both Houses of Parliament” be substituted. Following amendment moved by Mr. Naziruddin Ahmad was accepted by Dr. Ambedkar.) (2) That for the Explanation to article 44, the following Explanation be substituted : “Explanation.—In this article, the expression ‘population’ means the population as ascertained at the last preceding census of which the relevant figures have been published.” Article 44, as amended, was adopted and added to the Constitution. ***** ARTICLE 45 *Shri T. T. Krishnamachari : Sir, the Honourable Member’s amendment is substantially the same as the article, and deals only with the substantive part of the clause and not with the proviso. Is there any object in the Honourable Member moving his amendment ? Mr. Mohd. Tahir : There is a difference in the meaning of the amendment and the article, and I shall explain how. The Honourable Dr. B. R. Ambedkar : It is not an amendment at all : it is merely a transposition of the words. There is no difference at all. ***** *CAD, Vol. VII, 13th December 1948, p. 1019. 463DRAFT CONSTITUTION

*Mr. Vice-President : Amendment No. 1086 is disallowed as it is a verbal amendment. Amendments Nos. 1087 and 1088 are identical. Dr. Ambedkar may move No. 1087. The Honourable Dr. B. R. Ambedkar : Sir, I move : That in clause (a) of the proviso to article 45, for the word “resignation” the word “writing” be substituted. ***** †Mr. Vice-President : As no Member has desired to speak on the general discussion of this article, I propose to ask Dr. Ambedkar to reply to the debate. I have received a slip requesting for an opportunity to speak just now. It has come too late. The Honourable Dr. B. R. Ambedkar : Sir, the only amendment that I accept is No. 1090 as amended by Mr. Gupte’s amendment. The others, I am sorry, I cannot accept. There has been no point raised by any Member which requires any explanation. Mr. Vice-President : I am going to put the amendments to vote. [In all five amendments were negatived as they were not accepted by Dr. Ambedkar. Only two amendments as shown below were adopted.] Mr. Vice-President : Now, the question is— That in clause (a) of the proviso to article 45 for the word ‘resignation’ the word ‘writing’ be substituted. [This amendment moved by Dr. Ambedkar was adopted.] ***** Mr. Vice-President : Now I shall put amendment No. 1090 as modified by amendment No. 26(A) standing in the name of Shri B. M. Gupte to the vote of the House. The question is : That— (1) Article 45 be re-numbered as clause (1) of that article. (2) In clause (a) of the proviso to the said clause as so re-numbered for the words “Chairman of the Council of States and the Speaker of the House of the People” the word ‘Vice-President’ be substituted. (3) In the said article as re-numbered add the following clause :— “(2) Any resignation addressed to the Vice-President under clause (a) of the proviso to clause (1) of this article shall forthwith be communicated by him to the Speaker of the House of the People.” The amendment was adopted. Article 45, as amended, was adopted and added to the Constitution. *CAD, Vol. VII, 13th December 1948. pp. 1019-20. † Ibid., p. 1022. 464 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

***** ARTICLE 46 *The Honourable Dr. B. R. Ambedkar : Mr. Vice-President, Sir, I am prepared to accept the amendment of Mr. Sharma, i.e., No. 1098, for the deletion of the words “once, but only once”. With regard to Mr. Kamath’s amendment, I think the proper time when this matter could be discussed will be when the issue as to the qualifications of the person standing for Presidentship is raised. To Mr. Tyagi I may say that in view of the deletion of the words “once, but only once”, his fears about the Vice-President are groundless. Mr. Vice-President : I shall now put the amendments one by one to the vote. Amendment No. 1098. The question is : “That in article 46 the words ‘one, hut only once’ be deleted.” The amendment was adopted. Mr. Vice-President : Then amendment No. 1100. Shri H. V. Kamath : In view of Dr. Ambedkar’s statement, I do not want to press it. The amendment was, by leave of the Assembly, withdrawn. Mr. Vice-President: Then Mr. Tyagi’s amendment. It does not arise after Dr. Ambedkar’s speech, but some pandit of technicalities might say that I did not put it to the vote. So I want to know if Mr. Tyagi withdraws it or not. Shri Mahavir Tyagi : Sir, I withdraw it. The amendment was, by leave of the Assembly, withdrawn. Mr. Vice-President : The question is : That article 46, as amended, form part of the Constitution. The motion was adopted. Article 46, as amended, was added to the Constitution. ***** *CAD, Vol. VII, 13th December 1948. p. 1024. 465DRAFT CONSTITUTION

ARTICLE 47 *Mr. Vice-President : Amendment No. 1109, Verbal ; disallowed. Amendments numbers 1110 to 1112 are of similar import. The first of these may be moved. It stands in the name of Dr. Ambedkar. The Honourable Dr. B. R. Ambedkar : (Bombay : General): Mr. Vice-President, Sir, I move : “That in clause (2) of article 47, and in Explanation to clause 2, for the words ‘any office or position of emolument’, wherever they occur, the words ‘any office of profit’ be substituted.” Sir, this amendment is merely intended to improve the language of the draft. Mr. Vice-President : Amendment No. 1111. Should that be put to the vote? Shri H. V. Kamath (C. P. & Berar : General) : Dr. Ambedkar has stolen a march over me; this does not arise. Mr. Vice-President : Amendment No. 1112. Shri Mihir Lal Chattopadhyay (West Bengal : General) : That is already covered, Sir. (Amendment No. 1113 was not moved.) Mr. Vice-President : Amendment numbers 1114, 1115 and 1116 are verbal and are disallowed. Amendment No. 1117, Dr. Ambedkar. The Honourable Dr. B. R. Ambedkar : Sir, I move: “That for sub-clause (a) of the Explanation to clause (2) of article 47, the following be substituted :— “(a) he is the Governor of any State for the time being specified in Part I of the First Scheduled or is a minister either for India or for any such State ; or” The object of this amendment is to remove a disqualification that might arise on account of the fact that a Governor of a State or a Minister is holding an office of profit under the Crown. It is desirable that the Governor of a State as well as a Minister both at the Centre and in the States should be permitted to stand for election and the rule of office of profit under the Crown should not stand in their way. ***** *CAD, Vol. VII, 27th December 1948, p. 1027. 466 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

*Mr. Vice-President: Dr. Ambedkar. Shri Syamanadan Sahaya (Bihar: General) : Sir, I have Mr. Vice-President: I have called Dr. Ambedkar, I am sorry. But have you any amendment ? Shri Syamanadan Sahaya : No, I have no amendment, but Mr. Vice-President: If you had come to the front, you could have caught my eyes, because in that direction there is a bad glare. Shri R. K. Sidhwa (C. P. & Berar : General): But, Sir, we have not had adequate discussion of this article. Only one member has spoken. The Honourable Dr. B. R. Ambedkar: If they want further discussion, I have no objection. Mr. Vice-President: Dr. Ambedkar has been good enough to say he does not mind if other Members also speak. Will Shri Syamanandan Sahaya please come to the mike ? Shri R. K. Sidhwa: Sir ........ Mr. Vice-President: Mr. Sidhwa will always have the last word. I shall give him the last word. Shri Syamanandan Sahaya : Mr. Vice-President, Sir, I am here to support the amendment which has been moved by Prof. K. T. Shah. The Honourable Dr. B. R. Ambedkar : Which amendment of Prof. Shah ? Shri Syamanandan Sahaya: Amendment No. 1124 which reads like this. ‘provided that any such Minister shall, before offering himself as candidate for such election, resign his office ‘. ***** †The Honourable Dr. B. R. Ambedkar : Mr. Vice-President, I regret that I am unable to accept any of the amendments which have been moved by my honourable Friend, Prof. K. T. Shah. There are three amendments which have been moved by Prof. K. T. Shah. One of them relates to the Minister as a candidate for the Presidency and the other two amendments relate to the President. I propose to divide my observations in reply to his speeches on the three amendments into two parts. In the first part I propose to devote myself to his amendment relating to the Minister. *CAD, Vol. VII, 27th December 1948, p. 1031. † Ibid., pp. 1034-37. 467DRAFT CONSTITUTION