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Vol. 15 · pages 246–250

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.

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229PARLIAMENTARY DEBATES Mr. Speaker : Amendment moved : Same as above. Shri Dwivedi : I beg to move : In the amendment by Dr. Ambedkar in the proposed new clause 11A, for the proposed Fifth Schedule of the Representation of the People Act, 1950, substitute the following: “THE FIFTH SCHEDULE [See sections 27A(2), 27C(a), 27E(1) and 27J(a)] Number of Members of Electoral Colleges Name of State Number of Members 1 2 1. Ajmer 30 2. Bhopal 30 3. Bilaspur and Himachal Pradesh 42 4. Kutch 30. 5. Manipur 30 6. Tripura 30 7. Vindhya Pradesh 60” In the morning I had a talk with Dr. Ambedkar along with certain other representatives of Part C States and we suggested to him that if a small Electoral College is created there will be difficulty and smaller the electoral college, it is likely to give some cause for corruption. It was therefore suggested that there should be bigger electoral College and this suggestion was accepted by Dr. Ambedkar. Therefore this amendment was proposed by me and others. Sir I move. Mr. Speaker : Amendment, (of Shri Dwivedi) as mention abover moved: Dr. Ambedkar : Sir, I accept the amendment. Mr. Speaker : Are there any other amendments to this particular clause?

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230 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Dr. Ambedkar : Yes, they are just formal re-numbering the letters etc. Mr. Speaker : That we shall take up later. If this amendment is accepted, I will put to the House the amended clause. Shri Kamath : The first schedule to the Representation of People Act, 1950 has listed Andaman and Nicobar Islands among the part C States. I do not know what its position is now. Mr. Speaker : It has already been cleared in the opening address that there is nothing there. It is a penal settlement only. So I will put the amendment to vote. The question is : The motion of Shri Dwivedi was adopted. Mr. Speaker : The question is : After clause 11 insert the following new clause: “11A. Addition of new Fifth Schedule to Act XLIII of 1950.— After the Fourth Schedule to the said Act, the following Schedule shall be added, namely: (Schedule as above) The motion was adopted. New Clause 11A was added to the Bill. Mr. Speaker : There is no other clause to be taken up excepting 10-B. An hon. Member : There are formal amendments. Mr. Speaker : Formal amendments like re-numbering and re-lettering will be taken up at the end. Dr. Ambedkar : Clause 12 has not been put. Mr. Speaker : Yes, clause 12 remains. Clause 12 was added to the Bill. Dr. Ambedkar : Sir, I do not know whether you have put to the House my amendment No. 2 in Supplementary List No. 7, regarding the addition of a new clause 27-J. It has been taken as moved but it has not been put and accepted. Mr. Speaker : That has to be put. It will be a part of 10-B.

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231PARLIAMENTARY DEBATES Dr. Ambedkar : Yes, but it is on a separate list—that was why I was wondering ………, Mr. Speaker : Clause 10-B was held over. I shall put that in due course after disposing of the other amendments, but it is just possible that I may forget, in which case hon. Members will invite my attention to it. Now do we proceed to clause 10-B ? Some hon. Members : Let us finish it. Mr. Speaker : If it is the desire of Members to finish it, I have no objection. Some hon. Members : No, Sir, we shall adjourn now. Mr. Speaker : I myself have been feeling a little diffident about it. Though the amendment may be formal, yet it is a long amendment and hon. Members should have an opportunity of seeing and studying it. Therefore, we might now adjourn and re-assemble tomorrow at 2 p.m. And I may say that the longer we discuss this tomorrow the shorter the time for the other Bill because the guillotine for the other Bill will be applied at 6 p.m. sharp. We are not sitting day after tomorrow. The House then adjourned till Two of the Clock on Friday, the 22nd December 1950. REPRESENTATION OF THE PEOPLE (AMENDMENT) BILL—Contd. New Clauses 10A and 10B *Mr. Speaker : We will now proceed with the further consideration of the Bill to amend the Representation of the People Act. We were discussing yesterday clauses 10A and 10B and certain amendments moved by hon. Members. The Minister of Law (Dr. Ambedkar) : Sir, I drew your attention to the fact that there was an amendment standing in my name. It is amendment No. 2 in Supplementary List No. 7. I should like to move it at this stage. The first amendment was moved by my friend Mr. Gupta. The second has remained undisposed of. May I move it ? *P. D., Vol. 7, Part II, 18th December 1950, pp. 2252-55.

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232 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Mr. Speaker : Yes. Will he move the other amendment also ? Dr. Ambedkar : This was an independent amendment— addition of a clause. My other amendment would include Mr. Gupta’s amendment. The Minister of State for Transport and Railways (Shri Santhanam) : I think all the amendments have been placed before the House. This has only to be adopted. Mr. Speaker : Those that came subsequently have not been placed by me before the House. Dr. Ambedkar : I shall formally move the amendment I beg to move : In the amendment proposed by me, in the proposed new clause 10B, after the proposed new section 27I of the Representation of the People Act, 1950, insert the following new section 27J and re-number the subsequent section as section 27K : “27J. Power of electoral colleges or the Coorg Legislative Council to elect notwithstanding vacancies therein. —No election by the members of an electoral college or the elected members of the Coorg Legislative Council under this Act shall be called in question on the ground merely of the existence of any vacancy in the membership of such college or Council, as the case may be.” It is just to remove any difficulty or doubt that might exist. Mr. Speaker : Amendment moved : (as above). There are other amendments also. Dr. Ambedkar : Yes, in supplementary list No. 8 I thought if this was disposed of I could move the others. Mr. Speaker : I take it that this is an agreed amendment, that hon. Members are agreeable to it. Shall I put it to the House ? The Minister of Transport and Railways (Shri Gopalaswami) : May I draw your attention to one point? Would this amendment not need some modification if you are accepting the other kind of electorate that is proposed for Delhi ?

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233PARLIAMENTARY DEBATES Dr. Ambedkar : That also is described as an electoral college. Shri Gopalaswami : Is it ? Dr. Ambedkar : Yes. Mr. Speaker : The question is : In the amendment proposed by Dr. Ambedkar, in the proposed new clause 10B, after the proposed new section 271 of the Representation of the People Act, 1950, insert the following new section 27J and re-number the subsequent section as section 27K : “27J. Power of electoral colleges or the Coorg Legislative Council to elect notwithstanding vacancies therein. —No election by the members of an electoral college or the elected members of the Coorg Legislative Council under this Act shall be called in question on the ground merely of the existence of any vacancy in the membership of such college or Council, as the case may be.” The motion was adopted. Mr. Speaker : I believe the amendment to incorporate sections 27A to 27J have already been moved. I would now take the amendments in supplementary list No. 8. Dr. Ambedkar : I think it would be better if I move them seriatim. Mr. Speaker : The amendments in supplementary list No. 8 which are amendments to that amendment, have to be moved. My idea is to have all the amendments once before the House and then we will proceed, for purposes of discussion and voting, in parts rather than put the whole clause immediately. Dr. Ambedkar : I beg to move : ( i) In the amendment proposed by me, in the proposed new clause 10B, in sub-section (3) of the proposed new section 27A of the Representation of the People Act, 1950, after the words “for any State or group of States” occurring in line two, insert the words “so specified”. ( ii) In the amendment proposed by me, in the proposed new clause 10B, in sub-section (4) of the proposed new section 27A of the Representation of the People Act, 1950, after the words “electoral college” insert the words, brackets and figure “for any such State or group of States as is referred to in sub-section ( 2)”.