Vol. 15 · pages 156–160
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 156 (printed page 139)
139PARLIAMENTARY DEBATES
Some Hon. Members : We have not spoken as yet.
Dr. Ambedkar : Notwithstanding the fact that so much
heat and so much vehemence have been introduced in this
debate ………
Shri Sondhi : You will have more of it.
Shri Kamath : You are adding to it.
Mr. Speaker : Order, order. Let him go on.
Dr. Ambedkar : In the Constitution, there is a provision
that delimitation shall be undertaken by Parliament. That
is there. In this Bill, what we have proposed is that this
power which belongs to Parliament may be delegated to the
President, and the President may, by order, prescribe what
the constituencies are. It may be contended—and very rightly
too—that this matter ought not to be left to the President
but that this Parliament should engage itself in looking into
every constituency that may be framed for the purpose of both
the elections to the Parliament and to the State Legislatures.
I do not deny the right, but the question is whether Parliament
can and will be able to find the enormous time that will be
necessary for scrutinising every constituency both for the
Parliament and for the State Legislatures.
Dr. Deshmukh : That is not the only course.
Dr. Ambedkar : Please let me go on.
Therefore, in this particular clause 13, the provision is
made that although the President may, by order, prescribe
and delimit constituencies he shall be bound to place the
order of delimitation before the House. I may frankly state
that even I am not satisfied with this provision, because
I want Parliament to have a look into it. But nobody has
suggested this. (Interruption). This is one point which the Select
Committee may look into, I agree. But why go to the Select
Committee for this kind of thing ? I have a solution. I have
two alternatives. One is that clause 12 may be so amended
that we can add that the order of delimitation made by the
President should be placed before Parliament and if Parliament
PDF page 157 (printed page 140)
140 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
does not make any alteration in it, then within a prescribed
period it should become final. That is one alternative. The
other alternative which I am prepared to propose is that when
delimitation is undertaken, whoever delimits, there shall be
associated with him a Committee composed of Members of
this House or of the local State Legislature who are concerned
with that particular constituency, so that they may be in a
position to give their advice and their judgment to the officer
who is engaged in delimitation. ( Shri Tyagi : That is a good
idea.) If the House is agreeable to that, there is no need to
refer this Bill to a Select Committee at all.
Then, Sir, the other point that remains in the Bill is this.
I do not think that I am accusing anybody in saying what I
do, namely, that a large part of the heat and vehemence and
the general plausible argument that have been engendered
have been intended merely to cover a very small point,
namely, that most hon. Members are interested in having
the number of seats in the State Legislatures increased, but
they have not had the courage to say so, except one or two.
If hon. Members are only interested in this little point that
the number for the U.P. should be increased by 15 or that
the one for Mysore should be increased by 1 or that the one
for Delhi should be increased by 2, I want to ask whether it
is not a matter which we can deal with in this House ? Why
bother with a Select Committee ?
Shri Bhatt : You cannot deal with all the details.
Dr. Ambedkar : There are no details. I am myself
moving certain amendment changing the figures in the total
representation of the various States. If my hon. friends think
that I am very miser and meagre and that I am not meeting
their demands, well, they can move their amendments right
here and the House may decide whether the figure that
I suggest is the right figure or whether the figure that
they suggest is the right figure. Why send it to the Select
Committee ? Where is any other thing in this Bill, I want to
know, which the Select Committee can deal with? This is a
routine Bill.
PDF page 158 (printed page 141)
141PARLIAMENTARY DEBATES
My hon. Friend Mr. Hossain Imam said that there were
certain matters which were not included in this Bill. I think
that he forgot what I had stated when I made my observation
on the introduction of this Bill. I had stated then that this
Bill deals with only one aspect of the election. The conduct of
election as such is quite a different matter and will be dealt
with by another Bill. Consequently, all those matters which
appear to be absent here are not going to remain absent,
because the elections cannot be completed and carried on
unless the complementary part of the legislation is also put
through. Therefore, my submission is that although there
is no motion—and you said that a motion can very well be
manufactured if one is wanted ;—quite true that it can be—
but is there any necessity ? That is the point which I want
the House to consider. These are the three points and I have
the amendments ready with me.
REPRESENTATION OF THE PEOPLE BILL —concld.
* Mr. Speaker : The House was proceeding yesterday with
the consideration of the following motion :
“That the Bill to provide for the allocation of seats in, and
the delimitation of constituencies for the purpose of elections
to, the House of the People and the Legislatures of States, the
qualifications of voters at such elections, the preparation of
electoral rolls, and matters connected therewith, be taken into
consideration.”
Shri Syamnandan Sahaya : ………Now that the Law
Minister is here I hope he will place before you the facts as
transpired this morning and then we may proceed to consider
the Bill clause by clause.
The Minister of Law (Dr. Ambedkar) : I am sorry, Sir,
that I was late. At your suggestion there was a meeting held
this morning under the chairmanship of the Deputy Speaker of
such Members of the House as were interested in this Bill and
I am glad to say that we have unanimously accepted certain
amendments to this Bill which I propose to move with your
permission. I hope that there will be no further controversy
or debate on the subject.
* P.D. Vol. 4, Part II, 20th April 1950, pp. 3057-58.
PDF page 159 (printed page 142)
142 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Shri Tyagi (Uttar Pradesh) : I have not been accommodated.
I agree with the amendments, but my points have not been
accommodated and my amendment has not been accepted.
Therefore, it was not ‘unanimous’.
Mr. Speaker : Whatever the reasons, the conclusion seems
to be unanimous. I shall put the conisderation motion to the
House and then we can take the Bill clause by clause. I must
congratulate the Members on the very happy end that has
been brought about. The question is :
“That the Bill to provide for the allocation of seats in, and
the delimitation of constituencies for the purpose of elections
to, the House of the People and the Legislatures of States, the
qualifications of voters at such elections, the preparation of
electoral rolls, and matters connected therewith, be taken into
consideration.”
The motion was adopted.
Mr. Speaker : We may now proceed with the Bill clause
by clause.
Dr. Ambedkar : There is an amendment to clause 13 and
I would therefore like that clause to be held over because the
amendment is being typed.
Mr. Speaker : All right, I take it generally that the
previous amendments tabled by hon. Members are all scrapped.
* Dr. Tek Chand (Punjab) : Unfortunately we have not
seen the wording of the amendments in respect of what we
decided in the morning. There was only a general talk. And
with regard to some of the clauses, for instance with regard
to clause 6, there is still a great deal of controversy and there
is no unanimity.
Dr. Ambedkar : There is no controversy.
Mr. Speaker : I do not at all want to exclude any
amendment tabled. I was trying to clarify the position so that
if there are no amendments I shall take those clauses together.
Dr. Tek Chand : What are the new amendments ? Let us
see them. Nobody has seen them. Without seeing them how
can we pass them?
*P. D., Vol. 4, Part II, 20th April 1950, p. 3058.
PDF page 160 (printed page 143)
143PARLIAMENTARY DEBATES
Dr. Ambedkar : I will read them.
Mr, Speaker : Has the hon. Member, Dr. Tek Chand,
any amendments to move?
Dr. Tek Chand : We have sent an amendment to clause 6.
Clauses 2 to 5
Mr. Speaker : Is any hon. Member desirous of moving
any amendment to any of the clauses 2 to 5 ?
Some hon. Members : None.
Clauses 2 to 5 were added to the Bill.
*Shri Buragohain (Assam) : May I submit before the
Hon. Minister replies ……….
Dr. Ambedkar : I do not want any suggestions.
Mr. Speaker : The better course will be to know the
reactions of the Law Minister.
Shri Buragohain : Sir, the case of the Tribals of Assam
stands on a different footing. I have to ……..
Mr. Speaker : The better course will be to hear the
Hon. Minister first. Do the hon. Members want me to place
this amendment at this stage, or shall I place it later ? All
right, I shall place it later.
Dr. Ambedkar : I regret very much that I cannot
accept either of the amendments moved by Mr. Jain or by
Mr. J. R. Kapoor. But, I do want to remove any kind of
suspicion that there might be in the mind of Mr. Jain or Mr.
Kapoor or of any other Member of Parliament. It seems to
me that they are under a misapprehension that by clause
6 Parliament is going to be completely deprived of the right
to determine what should be the nature of the constituency :
whether it should be single-member constituency or plural
member constituency; what should be the method of voting,
* P. D., Vol. 4, Part II, 20th April 1950, p. 3062.