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Vol. 15 · pages 1046–1050

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

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1027PARLIAMENTARY DEBATES Dr. Ambedkar : I feel that my hon. Friend knows more than I do. (24) *SHORT NOTICE QUESTIONS AND ANSWERS ELECTORAL ROLLS FOR RURAL AREAS IN DELHI Shri J. R. Kamble: Will the Minister of Law be pleased to state :— (a) Whether the attention of Government has been drawn to the news appearing in the Evening News of the Hindustan Times dated the 20th March 1951 and in the Indian News Chronicle dated the 21st March 1951 that the Chief Commissioner of Delhi has ordered that the electoral rolls for the rural areas of Delhi State for the next general elections will be published only in Urdu ; (b) Whether the above news item is a correct statement of fact, and if so, what are the reasons for the aforesaid rolls not being published in Hindi which is the official language of the Union ; and (c) What is the policy of the Government with regard to the language of the electoral rolls for the next general elections in Part ‘C’ States ? The Minister of Law (Dr. Ambedkar): (a) and (b) The two news items referred to in the question relate to elections to the District Board of Delhi and have nothing to do with the general elections to Parliament. The electoral rolls for Delhi for the ensuing general elections to the House of the People have in fact been published in three languages, viz. English, Hindi and Urdu. (c) Under Rule 6 of the Representation of the People (Preparation of Electoral Rolls) Rules, 1950, the language in. which the electoral rolls in respect of State are to be prepared is to be decided by the Election Commission. Generally, the rolls have been prepared throughout the country in the regional languages only, but in certain bi-lingual areas in some of the States the Commission has directed the preparation of the rolls in an additional language also. *P. D., Vol. 7, Part I, 2nd April 1950, p. 2788.

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1028 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Shri J. R. Kapoor: Do I take it that the electoral rolls of rural areas of Delhi with regard to the next General Elections are being published also in English ? Dr. Ambedkar : Which rural area and for what purpose ? Shri J. R. Kapoor : For the General Elections in the rural areas of Delhi. Dr. Ambedkar : For the General Elections to Parliament they are printed in the regional language, as I just now said. Where the area is a composite area it is published also in some additional language. Shri J. R. Kapoor : May, I know whether with regard to the electoral rolls for the next General Election to Parliament the electoral rolls relating to the rural areas of Delhi State are going to be published in English also in addition to Hindi and Urdu ? If so, will the Hon. Minister be pleased to state how many people are there in the rural areas of Delhi State who know English only ? Dr. Ambedkar : It is not published in English only. It is published in three languages. As I said, the electoral rolls in Delhi for the ensuing General Elections to the House of the People have in fact been published in three languages English, Hindi and Urdu. Any voter may pick up any particular roll with which he is familiar. Shri J. R. Kapoor: What was the language of the electoral rolls of the Delhi State in the last General Elections ? Dr. Ambedkar : It must be the regional language and so far as I remember the old rule was also the same as now. Shri J. R. Kapoor: What was considered to be the regional language at the time of the last General Election in the Delhi Rural Area? Dr. Ambedkar : I am not quite familiar; probably it might have been Urdu. There is now an improvement. Shri Hussain Imam : Is it a fact that there are no rural and urban constituencies separately in the State of Delhi ? Dr. Ambedkar : I am not sure. I have not seen the constituencies as framed by the various committees that were appointed by this House.

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1029PARLIAMENTARY DEBATES Seth Govind Das : What are the languages other than the local languages in which these lists would be published at different places ? Dr. Ambedkar : I must have notice of it. So far as I remember when I was answering a question by Mr. Anthony similar to the one now put, I think, I said that so far as Bombay was concerned English was also used for the purpose of preparaing them. If in the case of some other areas also such as Bangalore in Mysore State, I am not sure at the moment, I am speaking from memory. (25) *SCRUTINY OF CENTRAL AND STATE LAWS Pandit H. B. Bhargava : Will the Minister of Law be pleased to state whether the Government of India have set up or intend to set up a Law Commission or any other suitable machinery for the scrutiny and examination of all the Central and State Laws in the light of the Constitution of India with a view to amend, modify or repeal such provisions of the existing Laws which are inconsistent with Part III and other provisions of the Constitution and if not, why not ? The Minister of Law (Dr. Ambedkar) : No Sir. In connection with the adaptation of the Central and State Laws under article 372 of the Constitution, in order to bring them into accord with the provisions of the Constitution, Government have taken the view that so far as fundamental rights are concerned, it would not be advisable to omit or modify any provision of a law on account of article 13(1), unless there was a clear inconsistency between such law and any of the provisions of Part III, as, for instance in the case of the Punjab Land Alienation Act, 1900, which has been repealed by adaptation. Pandit M. B. Bhargava : Has the Government considered the question how far the State Laws and the Central Laws are in conformity with the present Constitution, and does the Government have any intention to apply its mind to this proposition ? * P. D., Vol. 7, Part I, 7th April 1951, p. 2820.

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1030 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Dr. Ambedkar : Sir I don’t think this is a matter which could be dealt with in the course of questions and answers. This would probably requisite a debate on the various modes and methods that could be adopted to carry out the purpose of article 372, in conformity with article 13(1). Pandit M. B. Bhargava: Sir, may I know why one particular Act has been selected out of the ocean of laws and on what particular criterion has this law been selected ? Dr. Ambedkar : I am not in agreement with the hon. Member when he says there are an ocean of laws which are inconsistent with the Constitution, although I agree there may be some. My hon. Friend will remember that this is a very difficult matter and Government must come to a definite conclusion on the issue whether a law is really inconsistent and whether it should be retained. This one law was examined with great care both in the Law Ministry and by the Attorney General and also the Legal Remembrancer of the Punjab Government and then the conclusion was arrived that this could not be retained in view of the fundamental rights and the Government have no kind of doubt in the matter that the matter could be dealt with by adaptation. (26) *ELECTORAL ROLLS 2824. Shri Sonavane : (a) Will the Minister of Law be pleased to state whether it is a fact that electoral rolls are printed in Hindi in Bombay State ? (b) Is it a fact that the Centre has directed the Bombay State to print the electoral rolls in English in addition to the already printed Hindi rolls ? (c) If so, why was such a direction given, what is the extra cost of printing and who is going to bear it ? The Minister of Law (Dr. Ambedkar): (a) The electoral rolls in the State of Bombay have been printed in the regional languages of the districts concerned, viz., in Gujarati, Marathi and Kannada. In the case of bilingual districts of Belgaum * P. D., Vol. 7, Part I, 7th April 1951, p. 2957.

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1031PARLIAMENTARY DEBATES and Satara South, the rolls have been printed both in Marathi and Kannada. In Bombay City the electoral rolls have been printed in Devanagari script. (b) and (c) The attention of the hon. Member is invited to my reply given to part (b) of Shri Kamath’s starred question No. 1409 on the 13th February 1951. The cost of printing the electoral rolls in English in respect of the Bombay City is estimated at rupees six lakhs and will be shared by the Government of Bombay and the Government of India in the same way as any other expenditure relating to the preparation of the electoral rolls will be shared. Shri Sonavane : May I know after how many days or months of completion of the rolls printed in Devnagari in the Bombay City were these directions given to printing the rolls in English? Dr. Ambedkar : I cannot give a precise answer to this question, but I think the direction was issued after complaints were received by the Election Commissioner that there were many people in Bombay City who would not be in a position to understand the Hindi rolls. Shri Sonavane : Could this direction not have been given earlier which would have saved an extra expenditure of six lakhs over the printing of these rolls ? Dr. Ambedkar : It is perfectly possible, I think. Nothing is impossible. Shri Sonavane : Who is responsible for this waste of money ? Dr. Ambedkar : There is no waste of money at all there. In any case it was necessary to have a roll in English whether it was printed simultaneously, earlier or later. Shri Sonavane : But could not the simultaneous printing of rolls in Devnagari and English have reduced the expenditure ? Dr. Ambedkar : No, how could it ? Shri Kamath : Have reports been received from Bombay and other States as to how many claims and objections have been filed in respect of the electoral rolls published already, and how many of those claims and objections have been disposed of?