Vol. 13 · pages 606–610

Mr. President : The Speaker will have to depend upon the delegation of authority. The Honourable Dr. B. R. Ambedkar : We have to depend upon the goodwill of all the functionaries created by the Constitution. [Amendment of Dr. Ambedkar as shown above was adopted. Article 81 was added to the Constitution] ***** ARTICLE 82 *The Honourable Dr. B. R. Ambedkar : Mr. President, Sir, I beg to move : “That after clause (1) of article 82, the following new clause be inserted :— ‘ 1. (a) No person shall he a member both of Parliament and of the Legislature of a State for the time being specified in Part I or Part III of the First Schedule, and if a person is chosen a member both of Parliament and of the Legislature of such a State, then at the expiration of such period as may be specified in rules made by the President that person’s seat in Parliament shall become vacant unless he has previously resigned his seat in the Legislature of the State .’ Sir, it requires no comment. It is the ordinary rule. ***** †The Honourable Dr. B. R. Ambedkar : I do not accept any of the amendments of Mr. Naziruddin Ahmad or of Mr. Kamath either. Mr. President : I shall now put the amendments to vote one after another. [Amendment of Dr. Ambedkar alone as given above was accepted. Article 82, as amended, was added to the Constitution.] ***** ARTICLE 83 ***** ‡The Honourable Dr. B. R. Ambedkar : Mr. President, Sir, I move : “ That for sub-clause (d) of clause (1) of article 83, the following be substituted : ‘(d) If he has ceased to be a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State and.’ ” ***** #Mr. President : There is one point which I would like the Drafting Committee to consider in this case. If we refer to clause (2) of this article, there is no mention of Chairman or Vice-Chairman, Speaker or Deputy Speaker of the House of People. They also hold positions of profit. They are also paid officers. * CAD, Vol. VIII, 19th May 1949, p. 133 † Ibid, p. 136. ‡ Ibid., p. 138. # Ibid., p. 141. 573DRAFT CONSTITUTION

The Honourable Dr. B. R. Ambedkar : Not under the Government. So they do not come under this. Mr. President : That is all right. ***** *Mr. President : Does anyone else want to speak ? Has Dr. Ambedkar to say anything ? The Honourable Dr. B. R. Ambedkar : I do not accept any of the amendments, except amendment No. 1587, standing in the name of the Honourable Shri G. S. Gupta. (Amendment of Dr. Ambedkar was adopted) ***** †Mr. President : Then there is the amendment of Mr. Kamath, No. 1585. But that does not arise now after accepting Dr. Ambedkar’s amendment. There is then Mr. Gupta’s amendment No. 1587, that the word “and” should be deleted. Or has it to be substituted by “ or ” ? The Honourable Dr. B. R. Ambedkar : It is the same thing; either deleted “and” or substitute ‘ or ’ for ‘ and ’ Mr. President : The question is : “ That the word ‘ and ‘ occurring at the end of sub-clause (d) of clause (1) of article 83 he deleted.” The amendment was adopted. Article 83, as amended, was added to the Constitution. ***** ARTICLE 85 ‡Mr. President : We have had a very interesting discussion on something which is not the subject-matter of any amendment. There is no amendment moved to alter or modify the particular clause on which Pandit Maitra has spoken. There is no amendment on that point at all. Now, I will take votes. Does Dr. Ambedkar wish to say anything ? The Honourble Dr. B. R. Ambdkar : No, unless Mr. Kamath wants me to say something in reply to him. Mr. Alladi and others have already given the reply, and I will also be saying mostly the same thing, probably in a different way. Mr. President : Then No. 1627, Shri Jaspat Roy Kapoor’s amendment. I understand Dr. Ambedkar is willing to accept it. The question is : “ That in clause (4) of article 85, after the words ‘ a House of Parliament’ the words ‘ or any committee thereof ’ be inserted.” The amendment was adopted. [Article 85 was added to the constitution.] * CAD, Vol. VIII, 19th May 1949, P. 142. † Ibid, p. 143. ‡ Ibid, pp. 155-56. 574 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

ARTICLE 86 *The Honourable Dr. B. R. Ambedkar : (Bombay : General): Sir, I am sorry I cannot accept the amendment of my Friend Mr. Lari. I think it unnecessary to give an elaborate reply to the arguments advanced by the mover, in view of my complete agreement with what has been said on the other side by Mr. Ananthasayanam Ayyangar and Mr. T. T. Krishnamachari. I do not think it would be desirable to waste the time of the House in adding anything to what they have said.’ Their reply I find is quite complete. I, however, accept the amendment of Mr. Santhanam for the substitution of the words ‘ Constitutent Assembly ’ for the words ‘ Legislature of the Dominion of India ’. [Except the amendment of Mr. Santhanam, other amendments were rejected. Article 86, as amended was added to the Constitution] ***** ARTICLE 88 †The Honourable Dr. B. R. Ambedkar : Sir, I move: ‘‘ That in clause (2) of article 88, for the words ‘ both Houses are ’ the words ‘ the House referred to in sub-clause (c) of that clause is ’ be substituted.” Sir, it is just a matter of clarification by referring to the House referred to in sub-clause (c). Mr. President : Amendment No. 1651. I think that is covered. (Amendment No. 1652 was not moved.) The Honourable Dr. B. R. Ambedkar : Sir, I move : “ That in clause (2) of article 88, before the last word ‘ days ’ the word ‘consecutive’ be inserted.” (Amendment No. 1654 was not moved.) The Honourable Shri K. Santhanam : Sir, I move : “ That in clause (4) of article. 88, the words ‘ total number of ’ be deleted.” Sir, I do not want to press the deletion of the proviso. I want to amend the amendment to that extent.... The Honourable Dr. B. R. Ambedkar : I shall be grateful if my Honourable Friend would leave this matter to the Drafting Committee to consider and then we can bring it up afterwards ? The Honourable Shri K. Santhanam : I agree, Sir. ***** ARTICLE 88 ‡The Honourable Dr. B. R. Ambedkar : Sir, there is only one amendment moved by my Friend Mr. Kamath which calls for some * CAD, Vol. VIII, 20th May 1949 p. 172. † Ibid, p. 178. ‡ Ibid., p. 183. 575DRAFT CONSTITUTION

reply. His amendment is No. 1656 by which he seeks the omission of the wards “ for the purposes of this Constitution ”. My submission is that those words are very essential and must be retained. The reason why I say this will be found in the provisions contained in clause (2) of article 87 and article 91. According to clause (2) of article 87, the main provision therein is that the Bill shall be passed independently by each House by its own members in separate sittings. After that has taken place, the Constitution requires under article 91 that the Bill shall be presented to the President for his assent. My Friend Mr. Kamath will realise that the provisions contained in article 88 are a deviation from the main provisions contained in clause (2) of article 87. Therefore it is necessary to state that the Bill passed in a joint sitting shall be presented to the President notwithstanding the fact that there is a deviation from the main provisions contained in clause (2) of article 87. That is why I submit that the words “ for the purposes of this Constitution” are in my judgment necessary and are in no sense redundant. With regard to the observations that have been made by several speakers regarding the provisions contained in article 88, all I can say is, there is some amount of justification for the fear they have expressed, but as other Members have pointed out, this is not in any sense a novel provision. It is contained in various other constitutions also and therefore my suggestion to them is to allow this article to stand as it is and see what happens in course of time. If their tears come true I have no doubt that some Honourable Member will come forward hereafter to have the article amended through the procedure we have prescribed for the amendment of the Constitution. ***** *The Honourable Dr. B. R. Ambedkar : Sir, while going over this article, I find that it requires further to be considered. I would therefore request you not to put this article to vote today. Mr. President : There are four amendments moved to this article, and the first amendment is No. 1669 that in clause (1) of article 90, the word ‘only’ be deleted. Mr. Naziruddin Ahmad wishes to emphasise the importance of that amendment. That may be taken into consideration by the Drafting Committee. The whole article is going to be reconsidered. ***** * CAD, Vol. VIII, 20th May 1949 p. 191. 576 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

ARTICLE 91 ***** *The Honourable Dr. B. R. Ambedkar : Sir, I move : “That in the proviso to article 91, for the words ‘ not later than six weeks ’ the words ’ as soon as possible ’ he substituted.” Mr. Naziruddin Ahmad : I have an amendment to this amendment, No. 94. Mr. President : I think that is of a drafting nature. Mr. Naziruddin Ahmad : There would be a difference in actual practice. Mr. President : So, you consider it to be substantial ? ***** Shri T. T. Krishnamachari : There is slight difference in language. I think Dr. Ambedkar’s proposal will be the better one. Mr. President : I shall put this to the vote. It need not be moved. Amendment No. 1689 : this is also the same as amendment No. 1688 of Dr, Ambedkar. We have taken it as having been moved. Is it necessary to move this ? You can move it if there is some slight difference. ***** †Mr. President : I would now put the amendments to vote. Do you want to say anything, Dr. Ambedkar ? The Honourable Dr. B. R. Ambedkar : No. Sir, I do not think any reply is necessary. Naziruddin Ahmad’s amendment was negatived. ***** Mr. President : I would now put the amendments to vote. Do you want to say anything, Dr. Ambedkar ? [Dr. Ambedkar’s amendments were accepted. Others were rejected. Article 91., as amended, was added to the Constitution.] ***** ARTICLE 67-A ‡Mr. President : We will take up article 67-A which was taken up the other day and was postponed. The Honourable Dr. B. R. Ambedkar : (Bombay : General) : Sir, I move for permission of the House to withdraw this article. Mr. President : I think he did not move it and so there is no question of withdrawing it. Mr. B. Pocker Sahib : (Madras : Muslim) : No, it was taken up and the House is in possession of it. The Honourable Member should therefore give his reasons for withdrawing it. * CAD, Vol. VIII, 20th May 1949, p. 192. † Ibid., p. 195. ‡ Ibid., p. 197. 577DRAFT CONSTITUTION