Library › Vol. 15

Vol. 15 · pages 1021–1025

As Free India's First Law Minister and Member of Opposition in Parliament, 1947–1956

This text was extracted automatically from the official PDF of Dr. Babasaheb Ambedkar: Writings and Speeches, so it may contain small errors. Always check the original page before quoting.

PDF page 1021 (printed page 1002)

Open the original page

1002 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES regarding the desirability of holding the elections after the 1951 census so as to have a breathing time ? I understood from the papers that the Government of India have asked various States as to their opinion regarding the advisability of holding the general elections after the 1951 census. Dr. Ambedkar : I am not aware of any such proposal. Shri Tyagi: Have instances come to the notice of the Government of seats which had fallen vacant months ago in various States and which have not yet been filled up ? Dr, Ambedkar : That is a matter for the Provinces. Shri Deshbandhu Gupta : Is the Hon. Minister aware of the fact that assurances were given by the Deputy Prime Minister to the Constituent Assembly that in certain areas like East Punjab, Delhi and perhaps Bombay or West Bengal fresh elections will be based on a fresh census ? If so, what steps are being taken by the Government to have a census in these areas before the electoral rolls for the new elections are prepared. Dr. Ambedkar : I do not think that is a correct statement of facts. Shri Dashbandhu Gupta : May I draw the Prime Minister’s attention to the question and the reply of the Hon. Law Minister and ask him whether it is a fact or not that the Deputy Prime Minister had given an assurance ? Mr. Speaker : The Hon. Minister has already replied to the question. Shri Deshbandhu Gupta : He says that it is not a fact. I want the Prime Minister to say whether it is a fact or not. The assurance is on record. Shri Kamath : Has the Hon. Minister’s attention been drawn to a United Press of India report from Madras that the Government of India in a communication addressed to the State Governments have asked them whether it would be convenient for them if the elections to the Legislatures of the States are held a few months after the 1951 census is over ?

PDF page 1022 (printed page 1003)

Open the original page

1003PARLIAMENTARY DEBATES Dr. Ambedkar : I am not aware of it. (10) *LIST OF SCHEDULE CASTES 806. Prof. Yashwant Rai : Will the Minister of Law be pleased to refer to Article 341 of the Constitution and state : (a) Whether it is a fact that many castes are anxious to know their inclusion in the list of the Scheduled Castes ; and (b) if so, what steps have been taken by Government in this direction and when the list of the Castes included in the Scheduled Castes will be announced ? The Minister of Law (Dr. Ambedkar) : (a) and (b) As required under article 341 of the Constitution, the Governors and Rajpramukhs of States have been consulted with regard to the castes, races or tribes etc., which are to be specified as Schedule Castes for the purposes of the Constitution and their views and suggestions are at present being examined. This examination is expected to be completed soon, and thereafter the Notification specifying the Scheduled Castes will be issued. Prof. Yashwant Rai : May I know, Sir, how long will the Government take to announce the list ? Dr. Ambedkar : I have said ‘soon’. I am sure it will not take very long. Shri Rathnaswamy : May I know the basis on which the Government comes to a decision in regard to the inclusion of castes ? Dr. Ambedkar : The question is not clear. We have got the schedule under the Government of India Act, 1935; In addition to that, we have addressed queries to Provincial Governments as to their opinion regarding the inclusion of certain other castes. After their opinions are received, the lists will be finalised. Dr. M. M. Das : May I know whether in the coming census the Scheduled Castes will be marked as Scheduled Castes ? *P. D., Vol. 1, Part I, 13th March 1950 p. 791.

PDF page 1023 (printed page 1004)

Open the original page

1004 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Dr. Ambedkar : I suppose so. Sardar B. S. Man : I want to know whether the lists proposed to be compiled will be uniformly applicable to all the States in the country or whether they will differ from State to State ? Dr. Ambedkar : It cannot be. It is always a provincial list. Shri Buragohain : May I know whether the list of Scheduled Tribes is also under examination ? Dr. Ambedkar : Oh, Yes. Shri Tyagi : Is it the intention of Government to exclude from the list castes that have progressed to the level of the so-called Caste Hindus ? Dr. Ambedkar : The Scheduled Castes have been always untouchables. Nothing less. Shri Tyagi : Is it the intention of Government to revise the lists so as to exclude those castes that do not have the disability of untouchability after the progress they have made ? Dr. Ambedkar : The procedure for revising the Schedules is provided in the Constitution. It can be done by parliamentary legislation. Shri Naik : May I know whether any steps have been taken by the Government to implement article 340 of the Constitution ? Dr. Ambedkar : The appointment of a Commission is a separate matter. That is also under consideration. Shrimati Durgabai : Since untouchability has been banned by the Constitution, can it still form the basis of exclusion or inclusion ? Shri Barman : Is it contemplated to publish a provisional list before the final list is published ? Dr. Ambedkar : It is not contemplated, because the power is given to the President to issue the list.

PDF page 1024 (printed page 1005)

Open the original page

1005PARLIAMENTARY DEBATES (11) *CENTRAL WOOLLEN TECHNOLOGICAL INSTITUTE The Minister of Law (Dr. Ambedkar) : (a) It is too early to estimate what will be the total cost of the general elections under the Constitution. On the basis of information available so far, the Central is to pay to Part A and Part B States a sum of Rs. 1.18 crores for expenditure during 1949-50 and Rs. 1.34 crores during 1950-51. These amounts mostly relate to expen diture on the printing and preparation of the electoral rolls. (b) The extra cost incurred by the States Governments in connection with the preparation and printing of the electoral rolls, will be borne by the Central Government and the State Governments on a half and half basis. The extra costs incurred by the State Governments in connection with the actual conduct of elections to the House of the People will be met entirely by the Central Government if the elections to the House of the People are held independently of the elections to the Legislative Assemblies of the States, but such extra costs will be borne by the Central Government and the State Governments on a half and half basis if the elections to the House of the People and the State Assemblies are held simultaneously. The term “extra costs” means the expen diture incurred by the State Government in the preparation and printing of the electoral rolls or in the conduct of elections, but not including any share of the existing State establish ments. In other words, in computing the extra costs, no share of the salaries of the existing officials of the State Govern ments will be taken into account. Shri Nandkishore Das : May I know if the printing of the electoral rolls has been finished ? Dr. Ambedkar : No. They are different stages in different States. Shri Nandkishore Das : May I know if the expenditure in connection with the elections to the Central Parliament will include the expenditure in connection with the Election Commissioner and his office ? * P. D., Vol. 4, Part I, 21st March 1950, p. 964.

PDF page 1025 (printed page 1006)

Open the original page

1006 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Dr. Ambedkar : No. This is a separate charge. Shrimati Durgabai : May I know whether the Election Commission that is contemplated under the Constitution has been set up ; if not, when is it likely to be set up ? Dr. Ambedkar : I think the Election Commissioner has been appointed. He is probably either taking charge today or has already taken charge yesterday. Shri Tyagi : May I know what is the position with regard to by-elections to State Legislature today—will they be held on the previous electoral rolls or on the fresh ones ? Dr. Ambedkar : On the existing rolls which will be in operation on the date of the election. Shri T. T. Krishnamachari : May I ask if the Election Commissioner who has been appointed and who is going to take charge in a few days’ time is designated as the “Chief Election Commissioner” ? If that is so, are other Election Commissioners going to be appointed ; if so, how many ? Dr. Ambedkar : Government have not come to any decision on the latter part of the question. Shrimati Durgabai : May I know what is the precise scope of work of this Commissioner ? Dr. Ambedkar : That has already been defined in the Constitution. Shri Kamath: Is the Law Minister in a position to state whether the General Elections will be held before or after the completion of the decennial census ? Dr. Ambedkar : I do not want to commit myself, but I suppose the position is that the decennial census may in some cases have a very crucial effect on the preparation of the electoral rolls and also in the matter of assigning seats. So it may precede. Shri A. P. Jain : May I know when the last electoral roll in any State is expected to be printed ? Dr. Ambedkar : What is the question ? I want to know what my friend means by “printed” —printed as the provisional list or revised, list or final list ?