Vol. 15 · pages 166–170

149PARLIAMENTARY DEBATES proposals as to the delimitation of constituencies in that State under sections 6, 9 and 11 or such of these sections as may be applicable and submit proposals to the President for making the orders under the said sections. (3) Every order made under section 6, section 9, section 11 or section 12 shall be laid before Parliament as soon as may be after it is made, and shall be subject to such modifications as Parliament may make within twenty days from the date on which the order is so laid.” Now, the responsibility of finally determining the constituencies is cast upon these Committees and consequently it is the recommendation of the Committees that will become operative. That being so, the old provision which required consultation with the Election Commission is unnecessary. That is why I am omitting those clauses. Mr. Speaker : Amendment moved : “In sub-clause (2), omit ‘after consulting the Election Commission’,” Pandit Balkrishna Sharma (Uttar Pradesh) : On a point of clarification, Sir, the doubts raised by my hon. friend Pandit Thakur Das Bhargava that different Committees which the Hon. the Speaker may appoint consisting of three to seven Members may make different recomendations in regard to different States and therefore there may not be uniformity have not been answered. How is that contingency provided for? Dr. Ambedkar : The reply is very simple. The work of the Committees both in respect of Parliamentary constituencies and State Legislature constituencies will be governed by the law which, as I said, Parliament would be making hereafter. So, they would not be acting independently. Dr. Deshmukh (Madhya Pradesh) : Sir, when the Hon. the Law Minister moved to delete the words “Election Commission”, I felt very happy. But unfortunately they are coming in again by way of amendment to clause 13. I am in a very co-operative mood today and am prepared to take the most sympathetic view of the whole situation, but I would urge that the Election Commission should be absolutely kept apart from the work of the delimitation of constituencies. This is a body which has come into existence as a result of the Constitution and its functions have been determined by article

150 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES 324 of the Constitution. So, there should be some amendment to say that the President shall bring into being such bodies as may be necessary for the delimitation of constituencies. The main idea is that the Election Commission should be the last body which should have anything directly to do with the delimitation of constituencies. Shri Kamath : In view of the fact that the work envisaged in this Bill has to be undertaken almost immediately, am I to understand that the purport of this amendment is to see that these Committees—Advisory or otherwise—will be constituted immediately ? Dr. Ambedkar : No. As soon as the other work is ready, they will be constituted. Mr. Speaker : Hon. Members will see that there must be set up some administrative machinery for making proposals, and that administrative machinery, so far as I see, is the Election Commission. Dr. Ambedkar : Otherwise, how can Members of the House delimit a constituency ? Mr, Speaker : I will invite the attention of the House to one thing more and that is this—that though the committees are advisory the amendment says “the Election Commission shall, in consultation with the advisory committees”, not after consultation. That is a big change. But whatever that may be, I put the amendment to the House. It has been sufficiently discussed. Shri Syamnandan Sahaya : Sir, I just want to bring to your notice that after the President has determined the Parliament is supposed to alter it. Dr. Ambedkar : I have said so many times that the President will not do anything except in accordance with the law which will be made. How many times am I to repeat it ? Mr. Speaker : The question is : “In sub-clause (2) omit ‘after consulting the Election Commission’,” The motion was adopted, (Clause 6, as amended, was added to the Bill.— Ed.).

151PARLIAMENTARY DEBATES *Clauses 7 and 8 Clauses 7 and 8 were added to the Bill. Clause 9 (Delimitation of Assembly Constituencies.) Amendment made : “Omit ‘after consulting the Election Commission’.” —[Dr. Ambedkar] Shri Tyagi : I beg to move : Add the proviso : “Provided that areas comprising a municipal board or a municipal corporation shall not be included in a constituency which comprises of rural areas. Sir, since the time this Bill has come before this House I have been striving my best to see that the rights and privileges which have so far been enjoyed by the rural areas may not be taken away from them. For the last thirty years and more rural areas have been having their separate constituencies in the Legislative Assemblies of the various States. Dr. Ambedkar : Sir, may I point out, in order to curtail discussion, that this is a matter which could more appropriately be dealt with in the Bill which will be coming up before the House. I do not think that this is a matter which is germane to this particular Bill. Shri Tyagi : But then there would be no point in my bringing it up after the electoral rolls are prepared where rural areas are mixed up with urban areas. In the case of other hon. Members’ amendments the Hon. Dr. Ambedkar has given some assurance that they will be considered—but mine he has been opposing all along. For the last two days I have been trying my best to convince him of my view-point; but he has not given me a sympathetic hearing. Mr. Speaker : But this time he has shown sufficient sympathy by saying that the matter may be brought up at the time when the next Bill is taken up. *P.D.. Vol. 2, Part II, 20th April 1950, p. 3071.

152 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES * Clause 10 Clause 10 was added to the Bill Clause 11 (Delimitation of Council Constituencies) Amendment made : “Omit ‘after consulting the Election Commission’.” —[Dr. Ambedkar ] Clause, as amended, was added to the Bill. Clause 12 (Power to alter or amend orders) Shri Syamnandan Sahaya : I cannot understand what is the necessity for this clause, because over and above all these Advisory Committees this gives the President power to alter the whole thing after consulting the Election Commission. I want to understand the position. It runs counter to what we agreed to. Mr. Speaker : Perhaps, the idea is to vest the President with power to revise his own orders from time to time. Dr. Ambedkar : Once the orders have been finalised by Parliament there will be no power to amend them. Mr. Speaker : But are the words “after consulting the Election Commission” necessary ? Dr. Ambedkar : That is before they have been finalised by Parliament. Shri Syamnandan Sahaya : There will be this Advisory Committee. The Advisory Committee and the Election Commission will jointly send a prticular proposal to the President. The President accepts it and passes orders under clauses 6, 9 or 11. After that the election goes on. Dr. Ambedkar : After that the order is placed before Parliament. The recommendation is made by the Advisory Committee to the President. The President may make an * P. D., Vol. 4, Part II, 20th April 1950, p. 3072-74.

153PARLIAMENTARY DEBATES order. After that the order is placed before Parliament. There is an interregnum. During the period if the President thinks that probably he has made an error he should have the power to alter or amend the order. Mr. Speaker : So, this power will not extend to alteration after the House approves. Then it is final. Clause was added to the Bill. Clause 13 (Orders to be laid before Parliament ) Dr. Ambedkar : I beg to move : 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 Commission shall, in consultation with the Advisory Committee so set up in respect of each State, formulate proposals as to the delimitation of constituencies in that State under sections 6, 9 and 11 or such of these sections as may be applicable and submit proposals to the President for making the Orders under the said sections. (3) Every Order made under section 6, section 9, section 11 or section 12 shall be laid before Parliament as soon as may be after it is made, and shall be subject to such modifications as Parliament may make within twenty days from the date on which the Order is so laid.” Mr. Speaker : I have just one doubt in sub-clause (3). The wording is “and shall be subject to such modifictions as Parliament may make within twenty days from the date on which the Order is so laid.” What is really intended, I think is that the motion for making amendments may be initiated within twenty days.