Vol. 15 · pages 161–165

144 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES whether it should be distributive voting or one man one vote or cumulative voting or any other system. I have not the slightest intention to deprive Parliament of its right to have its determination upon that subject. In fact, as I said in my opening speech yesterday and according to the statement made yesterday by the Prime Minister, this Bill is not a complete Bill itself. This Bill is to be followed by another Bill which may be either called Conduct of Elections Bill or the Electoral Bill. In that Bill, matters relating to the constituencies, qualifications and disqualifications of candidates and matters relating to the voting system will be dealt with and it will be undoubtedly within the competence of Parliament to come to a decision when that Bill is placed before the House, as to what sort of system of constituency and voting they approve of. Therefore, there is no desire at all to oust the jurisdiction of Parliament at all. On the other hand, as my hon. friends will remember, I myself am anxious that at every stage in the delimitation of constituencies, Parliament should be associated. As they know, I am making a provision in clause 13 that not only will the order of delimitation be placed before Parliament as an information, but also I am going to move an amendment that Parliament should have the right to make suggestions and modifications as it likes provided it wishes to do so within a stated priod of ten days or so. In addition to that, there is also going to be an amendment empowering the Speaker to appoint Committees of this House to be associated with the work of delimiting constituencies, the members to be drawn from that particular area. Having regard to the statement which I have made, I think it is clear that I have not the slightest desire to oust the jurisdiction of Parliament. I am providing for placing the Order of delimitation on the Table of the House with the right of the House to make any changes they may like and in addition there is a further provision that the Speaker will have the right to appoint Committees to be associated with the work of delimitation. I do not think that any Member have any doubt that we have the fullest desire to have Parliament’s decision on this matter. The only thing is that this Bill

145PARLIAMENTARY DEBATES happens to come first when, as a matter of fact, that Bill might have come first. The point is that clause 6 of this Bill which provides for delimitation will certainly not come into operation until that other Bill has been passed. It is obviously so, because, we are now, as you know, amending section 21 providing for a supplementary electoral roll which itself will take a pretty long time and give us sufficient opportunity to place that Bill before Parliament. Shri Sondhi : Why not delete the clause when it is not to come into operation. Dr. Ambedkar : It should not be deleted. *Shri Kesava Rao (Madras) : I have a little doubt regarding sub-clause ( b) of clause 6. I am afraid the seats reserved for scheduled castes and scheduled tribes will be determined by the President after consultation with the Election Commission. I am doubtful that the total number reserved is not stated anywhere. Even in the Parliament and in the Constituent Assembly it was many times stated that the number should be fixed. Dr. Ambedkar : It is there in the Constitution according to the population. All that is necessary is to know the population. As regards delimitation I have my own doubts ……… Mr. Speaker : Let not the hon. Member go into administrative details. All that the House can do is to decide the principles, leaving it to the authorities concerned to work them out in practice. But, I myself was feeling one doubt about Mr. A. P. Jain’s amendment and what was said by Pandit Thakur Das Bhargava. I am not conversant with the discussions in the Constituent Assembly nor with the discussions at the informal meeting this morning. As I understand it, all that the Members are anxious about is that, before any constituencies are fixed or delimitation is effected, this House must have an opportunity of examining it and expressing its views on that; because, it is not possible to have all these * P. D, Vol. 4, Part II, 20th April 1950, pp. 3064-65.

146 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES constituencies mentioned as an appendix or a schedule to an Act that the House might pass. As has been rightly pointed by Mr. Krishnamachari, all that the law is expected to do is to make a “provision” for such and such a thing. That does not necessarily mean that all the details must be settled here, in the House. The House may prescribe the legal machinery by which a certain thing can be done. My difficulty is that, I am not able fully to understand the point of view of those who object. The object of the House seems to be to have an opportunity to express its views. After all, any Bill that comes before the House even in the manner in which the hon. Member has suggested would be prepared by the executive and will come in a ready and cut and dried form. I see that Dr. Ambedkar proposes to move an amendment to clause 13, and hon. Members will note that according to that amendment, whatever is done by the President is subject to such modifications as the Parliament may make. It is, therefore, clear that whatever orders are passed are coming again before the House for its scrutiny and the Parliament will have a statutory right of suggesting modifications. It will not be a matter for which Governement may or may not find time, according to their sweet will. If any modification is suggested by any Member, that modification must come before the House and Government must find time for it. Dr. Ambedkar : If you will permit me, Sit, I am going a step further. The Parliament cannot merely do this postmortem, so to say, at the fag end but what I am saying is that I shall bring in a Bill in which all these matters will be dealt with by law and Parliament will have an opportunity to express its opinion upon it. It is a much greater opportunity that I am proposing. Not having considered this matter properly and thorougly I am not in a position to commit myself one way or the other. But whatever the system of the electorate, whatever the basis of voting, whatever the qualifications or disqualifications of the candidates, all those matters will be dealt with by a Bill which Government will bring forward here long before the operation of clauses 5 and 6 will come about…………..

147PARLIAMENTARY DEBATES Mr. Speaker : Apart from that I was also pointing out that the House having got the right …… Dr. Ambedkar : That is in addition to what the House will do. I am doing something further than that. I am now introducing an amendment to clause 13 to enable you to appoint committees to work with the Election Commissioner in the matter of the determination of the constituencies. The further provision that I am making is this: that the constituencies as will be set out in the order will be as recommended by that Committee and not by the Election Commission. I am cutting out by an amendment the Election Commission. I am giving the Committee the direct authority to do it. Shri Kamath (Madhya Pradesh) : Will the Committee be appointed or elected ? Dr. Ambedkar : In such manner as the Speaker may determine. Pandit Thakur Das Bhargava : It may be that the Committee and the Election Commission may decide in regard to each State differently and may not arrive at a common basis. Dr. Ambedkar : As I said just now, I will bring in a Bill to determine these matters and when the Bill is passed, whatever law or whatever provision is made will be applied uniformly throughout India or differently in different States as Parliament chooses. *Dr. Ambedkar : I stand by the assurance that I have given that there will be a Bill. It will deal with both the aspects : (1) the nature of the constituencies—whether they are to be single-member or plural-member; and (2) what should be the system of voting. As I said, we shall also deal with the candidate, his qualifications and disqualifications. I have no desire in any way to take away the power of * P. D., Vol. 4, Part II, 20th April 1950, pp. 3068-71.

148 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Parliament and if I may say so with all respect, I disagree with my hon. friend Mr. Santhanam who said that this was a matter entirely to be relegated to the Election Commission. The Election Commission is there merely to control and supervise the elections, but the delimitation of constituencies is a matter for Parliament. Mr. Speaker : Does Mr. Jain want me to put his amendment to the House ? Shri A. P. Jain : I just want ot say a few words. Mr. Speaker : I think we have had enough discussion. It will be a wrong procedure if I allow a person to speak over and over again on the same amendment. If he wishes me to put his amendment before the House, I shall do so. Shri A. P. Jain : No, Sir, I do not want it to be put to the vote of the House. Shri J. R. Kapoor : In view of the assurance given by the Law Minister, I do not wish mine also to be placed before the House. Dr. Ambedkar : Sir, I have an amendment to clause 6. I beg to move : “In sub-clasue (2), omit ‘after consulting the Election Commission’.” So that the House will understand its significance, I shall read Clause 13. I have proposed an amendment to clause 13, which reads thus : For existing clause, substitute : “13, Procedure for making orders under sections 6, 9 and 11. — (1) As soon as may be after the commencement of this Act, there shall be set up by the Speaker— ( a) in respect of each Part A State and Part B State other than Jammu and Kashmir an Advisory Committee consisting of not less than three, and not more than seven Members of Parliament representing that State; and ( b) in respect of each Part C State other than Bilaspur, Coorg and the Andaman and Nicobar Islands, an Advisory Committee consisting of the Member or Members of Parliament representing that State. (2) The Election Commissions shall, in consultation with the Advisory Committee so set up in respect of each State, formulate