Vol. 15 · pages 231–235

214 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES REPRESENTATION OF THE PEOPLE (NO. 2) BILL * The Minister of Law (Dr. Ambedkar) : I beg to move for leave to introduce a Bill to provide or the conduct of eections to the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications and disqualifications for membership of those Houses, the corrupt and ilegal practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections. Mr. Speaker : The question is : “ That leave be granted to introduce a Bill to provide for the conduct of elections to the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the correct and illegal practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such election.” The motion was adopted. Dr. Ambedkar : I introduce the Bill. REPRESENTATION OF THE PEOPLE (AMENDMENT) BILL—contd. **Mr. Deputy Speaker : Shall I take the Employers’ Liability Bill or People’s Representation Bill. The Prime Minister and Minister of External Affairs (Shri Jawaharlal Nehru) : People’s Representation Bill is a part-heard Bill. We will take that now. The Minister of Law (Dr. Ambedkar) : Sir, you will remember that while the debate on the motion for the consideration of the Bill was going on last time the hon. the Speaker was pleased to make a suggestion that the debate might be adjourned in order to give opportunity to me and * P. D., Vol. 7, Part II, 18th December 1950, pp. 1834-35. ** P. D., Vol. 7, Part II, 21st December 1950, pp. 2209-10

215PARLIAMENTARY DEBATES the Members interested in Part C States to meet together and to evolve some kind of a scheme over which there might be agreement between myself and the representatives of the Part C States. [MR. SPEAKER in the Chair ] I accepted the suggestion and thereafter had one or two meetings with Members of the Part C States as well as other Members of the House who felt a certain amount of interest in this Bill. As you will recall, Sir, when the debate was going on, it was found that there were three points of difference between myself and the Members who spoke for Part C States. The three points were: 1. Indirect system of election; 2. Nomination of Manipur and Tripura; and 3. Representation by rotation. I am happy to state that it has become possible by exchange of views to arrive at a formula whereby it has become possible for me to eliminate from the Bill the provisions relating to the indirect system of election from the municipalities, local boards, village panchayats etc. It has also been possible for me to eliminate the provision regarding the representation of Manipur and Tripura through nomination. It is only with regard to the third point viz., representation by rotation that it has not been possible to find a way out and it will therefore be a part of the original Bill. Now in accordance with this agreement, I have given notice of certain amendments which are already in the hands of Members. It will be seen that in place of the indirect system of election. I now propose to ask the House to agree to assist in creating an electoral college by exercise of adult suffrage and allow these electoral colleges to help the representatives which have been allotted to them by schedule 4 of the Constitution. This system of creating an electoral college for the purpose of sending representatives to the Upper Chamber by election is also proposed to be extended to Manipur and Tripura. With regard to the other part of the Bill viz., that part which deals with the enactment of the Ordinance it will of course remain and so far as the debate that took place the

216 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES other day on the provisions of the Bill is concerned, I did not find that the House was in any way opposed to that part of the Bill. Therefore, having regard to this position, I do not think there is any necessity for Mr. Kamath to insist upon his amendment to send the Bill to a Select Committee. It is now clear that the time and the date that he had fixed in his amendment has already passed and consequently the ground under his amendment has already been covered but apart from that if I had been called upon to speak on that day on his amendment, I would no doubt have said that it was not possible for me to accept the amendment in view of the fact that the provisions of the Bill relating to the Ordinance were so peremptory that without delay they had to have their legal form which the Constitution requires us to give. I therefore plead that the Bill may be taken into consideration without referring it to a Select Committee and that the amendments which I have proposed in the Supplementary List No. 6 to the Revised Consolidated List may be taken into consideration. Mr. Speaker : I put the motion to the House. I believe after a long discussion, it is not now necessary to go on with further discussion of this Bill. I shall put it clause by clause and instead of having a general discussion hon. Members will get an opportunity of having their say when the clauses come before the House. Let us now specifically go to the very clauses to which Members may have any objection. *Mr. Speaker: As there are proposed changes in the various clauses, hon. Members will be keeping a watch so that I may not pass over any amendment. Clause 2.—(Amendment of the long title ) Amendment made: For clause 2, substitute the following: “ 2. Amendment of the long title, Act XLIII of 1950. — In the long title of the Representation of the People Act, 1950 (hereinafter referred * P. D., Vol. 7, Part II, 21st December 1950, p. 2212.

217PARLIAMENTARY DEBATES to as the said Act), after the words ‘the preparation of electoral rolls’ the words and letter ‘the manner of filling seats in the Council of states to be filled by representatives of Part C States’ shall be inserted.” —[Dr. Ambedkar.] Dr. Ambedkar : It is merely to bring the Preamble in line with the purpose of the present Bill. Mr. Speaker : The question is: “That clause 2, as amended, stand part of the Bill.” The motion Was adopted. Clause 2, as amended, was added to the Bill. Clause 3.—(Amendment of Section 2 ) Amendment made: In clause 3, for the proposed new clause (cc) of section 2 of the Representation of the People Act, 1950, substitute the following: “ (cc) ‘ Council of States constituency ’ means a constituency provided by order made under section 27C for the purpose of election of members to the electoral college for any Part C State or group of such States referred to in section 27A.” —[Dr. Ambedkar,] Dr. Ambedkar : Sir, this is merely to bring it in line with the new scheme of having elections through electoral colleges. Mr. Speaker : The Bill is introduced as a whole and therefore every clause is before the House. If any hon. Member is keen to move any amendment to this clause, I think the Chair is bound to put the clause before the House. Shri M. A. Ayyangar : Unless the mover withdraws. Mr. Speaker : He cannot withdraw in that manner after once having placed the whole Bill before the House. The clause has to be negatived by the House. But then I was following this informal procedure, simply for shortening the discussion. That is all I take it that Mr. Kamath is not moving his amendment.

218 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Shri Kamath : That is correct, Sir. Mr. Speaker : That means that none of the amendments is going to be moved. The question is: “That clause 4 stand part of the Bill.” The motion was negatived. Mr. Speaker : The question is: “ That clauses 5 and 6 stand part of the Bill.” The motion was negatived. Clauses 7 and 8 were added to the Bill. Mr. Speaker : The question is : “ That clause 9 stand part of the Bill.” The motion was negatived. Clause 10 was added to the Bill. New clauses 10A and 10B. * Dr. Ambedkar : Sir, I move: After clause 10, insert the following new clauses: “10A. Amendment of section 27, Act XLIII of 1950. —In subsection (4) of section 27 of the said Act, after the figure ‘ 23’ the brackets and words ‘(excluding the Proviso)’ shall be inserted. 10B. Insertion of new Part IV-A in Act XILII of 1950.—After Part IV of the said Act, the following Part shall be inserted namely: PART IV-A Manner of filling seats in the Council of States to be filled by representatives of Part C States. 27A. Constitution of electoral colleges for the filling of Seats in the Council of States allotted to Part C States. —(1) For the purpose of filling any seat or seats in the Council of States allotted to any Part C State or group of such States in the Fourth Schedule to the Constitution there shall be an electoral college for each such State or group of States: Provided that for the purpose of filling the seat allotted to the States of Ajmer and Coorg there shall be an electoral college only for the State of Ajmer: Provided further that for the purpose of filling the seat allotted to the States of Tripura and Manipur there shall be an electoral college for each of the said States. * P. D., Vol. 7, Part II, 21st December 1950, pp. 2215-20.