Vol. 13 · pages 761–765

728 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Sir, with your permission I would also like to move the other amendment which amends this. I move : “That with reference to amendment No. 123 of List I (Fifth Week) in the new article 290, after the word ‘including’ the words ‘the preparation of electoral rolls and all other’ be inserted.” * * * * * *Mr. President : I find that there is notice of an amendment by Prof. Shibban Lal Saksena to article 290. He was not here at the time the amendments were moved. Anyhow it is not an amendment of substantial character. If Dr. Ambedkar does not want to say anything in reply I shall put the amendment to vote. The Honourable Dr. B. R. Ambedkar : I have nothing to say, Sir. [Abovementioned amendments of Dr. Ambedkar were adopted. Article 290, as amended was added to the Constitution.] ARTICLE 291 †The Honourable Dr. B. R. Ambedkar : I move : “That for article 291, the following article be substituted :— Power of Legislature of a State to make provisions with respect to election to such Legislature. 291. Subject to the provisions of this Constitution and in so far as provision in that behalf is not made by Parliament, the Legislature of a State may from time to time by law make provisions with respect to all matters relating to, or in connection with, the elections to the House or either House of the Legislature of the State including matters necessary for securing the due Constitution of such House or Houses.” Sir, with you permission I move also amendment No. 211 of List VI Fifth week. The amendment runs thus : “That with reference to amendment No. 128 of List I (Fifth Week) in the new article 291., after the word ‘including’ the words ‘the preparation of electoral rolls and all other’ be inserted.” * * * * * ‡The Honourable Dr. B. R. Ambedkar : I think Mr. Kamath has not properly read or has not properly understood the two articles 290 and 291. While 290 gives power to Parliament, 291 says that if there is any matter which is not provided for by Parliament, then it shall be open to the State Legislature to provide for it. This is a sort of residue which *CAD, Vol. VIII, 16th June 1949, p. 933. †Ibid., p. 934. ‡Ibid., p. 935.

729DRAFT CONSTITUTION Parliament may leave to the State Legislature. This is a residuary article. Beyond that, there is nothing. Shri A. Thanu Pillai (Travancore State): When steps have to be taken according to the time schedule, is the local Legislature to wait and see what the Central Parliament does ? The Honourable Dr. B. R. Ambedkar : Primarily it shall be the duty of the Parliament to make provision under 290. The obligation is squarely placed upon Parliament. It shall be the duty and the obligation of the Parliament to make provision by law for matters that are included in 290, In making provisions for matters which are specified in 290, if any matter has not been specifically and expressly provided for by Parliament, then 291 says that the State Legislature shall not be excluded from making any .provision which Parliament has failed to make with regard to any matter included in 290. Shri A. Thannu Pillai : May I know from Dr. Ambedkar whether it would not be better for either the central Legislature or the Local Legislature to be charged with full responsibility in this matter so that elections may go on according to the time schedule ? The Honourable Dr. B. R. Ambedkar : I do not-agree. There are matters which are essential and which Parliament might think should be provided for by itself. There are other matters which Parliament may think are of such local character and liable to variations from province to province that it would be better for Parliament to leave them to the Local Legislature. That is the reason for the distinction between 290 and 291. [Amendments of Dr. Ambedkar were adopted. Article 291 as amended was added to the Constitution.] ARTICLE 291—A *The Honourable Dr. B. R. Ambedkar : Sir, I move : “That after article 291, the following new article be inserted :— Bar to jurisdiction of courts in electoral matters. Bar to jurisdiction of courts in electoral matters. 291 -A. Notwithstanding anything contained in this Constitution— (a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 290 or article 291 of this Constitution shall not be called in question in any court; (b) no election to either I louse of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition *CAD, Vol. VIII, 16th June 1949, p. 936 .

730 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature; (c) provision may be made by or under any law made by the appropriate Legislature for the finality of proceedings relating to or in connection with any such election at any stage of such election.” Sir, I also move : “That with reference to amendment No. 132 of List I (Fifth Week) in the new article 291-A, clause (c) be omitted.” [Article 291-A, as amended by Dr. Ambedkar’s amendment was added to the Constitution.] * * * * * ARTICLE 297 *Shri H. V. Kamath : Mr. President, Sir, I move : “That in clause (2) of article 297, for the words ‘if such members are found qualified for appointment on merit as compared with the members of other communities’, the words ‘provided that such appointment is made on ground only of merit as compared with the members of other communities’ be substituted.” I think, Sir, that this is an amendment more or less of a drafting nature and I leave it to the cumulative wisdom of the Drafting Committee to consider it at the appropriate stage. The Honourable Dr. B. R. Ambedkar : I do not see that it is of a drafting nature. However we shall consider it later on. [Article 297 was added to the Constitution] * * * * * ARTICLE 300 †The Honourable Dr. B. R. Ambedkar : Sir, I move : “That with reference to amendment No. 3186 of the List of Amendments clause (1) of article 300 after the word and figure ‘Part I’ the words and figure ‘Part III’ be inserted.” ‡Mr. President: Dr. Ambedkar, do you wish to say anything ? The Honourable Dr. B. R. Ambedkar : No. Sir. [Dr. Ambedkar’s above amendment was adopted. Article 300, as amended, was added to the Constitution.] * * * * * ARTICLE 301 * * * * * #The Honourable Dr. B. R. Ambedkar : Sir, I move : “That in clause (3) of article 301 for the word ‘Parliament’ the words ‘each House of Parliament’ be substituted.” *CAD, Vol. VIII, 16th June 1949, p. 937 †Ibid., p. 942. ‡Ibid., p. 943. #Ibid., p. 945.

731DRAFT CONSTITUTION [Article 301, as amended by Dr. Ambedkar’s amendment was added to the Constitution] * * * * * *Mr. President : You are again assuming that it will be a session of the House. Shri Jaspat Roy Kapoor : My submission were based on that assumption surely, but I do not know if there can be any other assumption. We find everywhere that members shall be electing the President, Vice-President and members of the Council of States as members of the legislature and in no other capacity. For instance, we find in article 55 that the Vice-President will be elected by members of both Houses of Parliament in a meeting. The Honourable Dr. B. R. Ambedkar : The wording is “at a joint meeting” and not “silting”. Shri Jaspat Roy Kapoor : It will be all right if that point is authoritatively stated on the Floor of the House so as to avoid the possibility of this article being interpreted differently.... * * * * * ARTICLE 289 †Mr. President : I will first put the amendment which Dr. Ambedkar has moved last. The question is : “That in amendment No. 99 of List I in the proposed article 289— (i) in clause (1) the words ‘to be appointed by the President’ occurring at the end be deleted. (ii) for clause (2), the following clauses be substituted :— ‘(2) The election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, us the President may from time to time fix and die appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in this behalf by Parliament, be made by the President.” ‘(2a) When any other Election Commissioner is so appointed the Chief Election Commissioner shall act as the Chairman of the Commission.’ (iii) in clause (4), before the words “The conditions of service’ the words ‘subject to the provisions of any law made by Parliament’ be inserted.” The amendment was adopted. [Six amendments by other members were negatived.] [Article 289, as amended was added to the Constitution] [The Assembly was adjourned until a date in July 1949 to be fixed by the President.] *CAD, Vol. VIII, 16th June 1949, p. 952. †Ibid., p. 958.