Vol. 15 · pages 1036–1040

1017PARLIAMENTARY DEBATES Shri Deshbandhu Gupta: May I know whether complaints have been received from various States as to omissions or incorrect entries—a large number of them—in the electoral rolls, and if so what steps have been taken by Government to remove these defects ? Dr. Ambedkar : Well, really speaking, that is a matter which must be within the cognizance of the Election Commissioner, and I am sure if any irregularities have been reported to the Election Commissioner, he will exercise his powers to set them right. Shri Deshbandhu Gupta: Has it come to the notice of the Election Commissioner or the Government that in the State of Delhi itself as many as 40,000 women are required to file objections to get themselves enrolled as voters for the simple reason that they have been enrolled as “Mrs. so-and-so” or “Miss so-and-so”? Dr. Ambedkar : It is possible. Shri Deshbandhu Gupta: Sir, in view of the fact that the elections have now been postponed, will Government consider the desirability of getting such incorrect entries corrected of its own accord, rather than require the objectors to file objections ? Dr. Ambedkar : I shall convey the suggestion to the Mr. Speaker : Order, order. It is a suggestion for action. Shri Syamnandan Sahaya : In view of the fact that the Constitution lays down that there is to be adult franchise, will Government please state whether they shall take into consideration the results of the next census in the matter of drawing up the electoral rolls ? Dr. Ambedkar : It is not necessary, as it is provided in the Constitution that if the elections take place within three years of the inauguration of the Constitution, the population of 1941 census may be taken into account, or in certain other cases the population may be determined by the President by order. Mr. Deshmukh : Is the Hon. Minister aware that in some States the price proposed for the voters’ list is exorbitant and may I know whether Government would issue any orders to the effect that these lists should not be so very costly ?

1018 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Dr. Ambedkar: I have heard that this matter has been agitated in some of the local Assemblies, and I hear some State Governments have already reduced the price of the electoral rolls. Shri T. N. Singh: May I know whether the word “simultaneously” used by the Hon. Minister in his reply means that all the elections will be held on one day in all the different States or whether it will be spread over three or four days ? Dr. Ambedkar: It should take place on the same day for expenditure to be economised. Shri R. Velayudhan: May I know if, any final date has been fixed for the Delimitation Committees to submit their reports ? Mr. Ambedkar: I think the date was at one time fixed, as it was the intention of the Election Commission to submit the Election Constituency Order to the President and place it before this House in this Session. But in view of the fact that the date of the election has been postponed, probably he desires to have more time in order to enable him to prepare the constituencies more in consonance with the facts of the case. Shri K. Vaidya : Sir, should not the elections take place in April in the case of States where there is no legislature at all ? Dr. Ambedkar: If my friend will resume his seat I will give the reply. So far as the House of the People is concerned, the Legislature of the State is not involved, because the election is by the people. Where there are Upper Chambers, there, by the Bill which I am presenting to the House to-day they are making provisions for election in such States where Legislatures do not exist. Shri Dwivedi: Sir, may I know whether any minimum qualifications are to be fixed for persons standing for elections ? Dr. Ambedkar: That matter is under debate by a Resolution moved by Prof. K. T. Shah. Shri Radhelal Vyas: In view of the fact that the general elections have been postponed by one year, will the qualifying date

1019PARLIAMENTARY DEBATES and the qualifying period also be changed by suitable amendments to the People’s Representation Act ? Mr. Speaker: It is to be the subject of discussion in this House. Shri Deshbandhu Gupta: Sir, may I know whether, it is correct that some device has been found out to detect impersonation ? Dr. Ambedkar : Yes, I hear our scientific laboratories are finding out some kind of device. (18) *GOVERNMENT AGENTS FOR SUPREME COURT 442. Shri Raj Bahadur : (a) Will the Minister of Law be pleased to state whether any agency or machinery has been set up under the auspices of the Government to act as solicitors or agents for or on behalf of the Central and the State Governments for the Supreme Court of India ? (b) If so, what were the reasons and necessity for creating such agency or machinery ? (c) What is the amount of money to be spent by the Government of India and the State Governments respectively on the creation and maintenance of the said agency or machinery ? (d) How has the creation of such an agency or machinery affected the efficiency or execution of work ? The Minister of Law (Dr. Ambedkar): (a) Yes. (b) With the abolition of the jurisdiction for the Privy Council over Indian cases and the establishment of the Supreme Court on the commencement of the new Constitution, the volume of work in connection with cases coming up before the Supreme Court concerning the Central and State. Governments increased enormously. Novel and intricate problems of law arose in such cases by reason of the great constitutional changes that had taken place. It was considered that, in order to achieve best results before the highest * P. D., Vol. 6, Part I, 28th November 1950, p. 410.

1020 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES tribunal in the land, all matters before the Supreme Court, civil and criminal, in which the Government of India or any of the State Governments were interested, should be handled by a central agency, composed of personnel experience in Federal Court practice and procedure, conversant with Government administration, and familiar with the new Constitution. When the proposal was put to the Governments of Part A and part B States, it was accepted by 10 of them. (c) The approximate expenditure on the Central Agency is estimated to be Rs. 47,600 for the current financial year and Rs. 87,400 for the next financial year. The expenditure is to be shared between the Government of India and the Governments of the participating States in proportion to the number and nature of the cases handled on behalf of each Government. The amounts payable by the participating Governments for the current year can only be estimated at the end of the year. (d) Before the Central Agency section was created, the Agency work of the Central Government was done by one of the Government Solicitors in addition to his normal advisory work in the Solicitor’s Branch, and each Provincial or State Government made its own arrangements. The setting up of a centralised agency will naturally lead to economy and efficiency, particularly from the point of view of the State Governments. It also secures greater co-ordination between the States inter se and the Central Government on various constitutional questions coming up before the Supreme Court. Shri Raj Bahadur: May I know whether any of the States disapproved or rejected the proposals ? Dr. Ambedkar : Well, I do not know which States expressly disapproved, but, as I said, ten have agreed; Assam, West Bengal, Madras, Punjab and Uttar Pradesh have not joined the scheme. They might join hereafter. Shri Raj Bahadur: May I know the number of States which have not given specific acceptance of the proposal ?

1021PARLIAMENTARY DEBATES Dr. Ambedkar : As I said, evidently those who have hot joined the scheme have either expressly said that they do not want to join or have merely postponed their decision—I am unable to say at this stage. Shri Raj Bahadur: So far as the financial side is concerned, how does the expenditure which is to be incurred now compare with the expenditure which was being incurred up to now ? Dr. Ambedkar : There is no basis for comparison because such an agency did not exit before. Shri Raj Bahadur: Why I know whether the opinion of local solicitors and agents was taken or not? Dr. Ambedkar : There is no necessity. We took the opinion of the Governments. (19) *MUSLIM PERSONAL LAWS 561. Dr. M. M. Das : (a) Will the Minister of Law be pleased to state the States of the Indian Union where the Muslim Personal Laws (Shariat) Application Act of 1937 is not in force ? (b) Is it a fact that Muslims of the Indian Union are governed by the same Personal Laws viz., the Shariat? (c) Did Government receive any representation from the Muslims of Coach-Behar or ascertain their opinion before the Government of West Bengal replaced their existing Personal Laws by Shariat ? The Minister of Law (Dr. Ambedkar): (a) and (b). The Muslims Personal Law (Shariat) Application Act of 1937 is not in force in Part B States and in the merged territory of Cooch-Behar in West Bengal. It is in force in the rest of India. So far as Cooch-Behar is concerned, provision has been made in clause 3 of the Cooch-Behar (Assimilation of Laws) Bill which is pending before this House, for bringing the Act of 1937 into force in that area. The position in Part B States appears to be that Muslims are in the main governed by * P. D., Vol. 6, Part I, 1st December 1950, p. 536.