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.
PDF page 246 (printed page 229)
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?
PDF page 247 (printed page 230)
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.
PDF page 248 (printed page 231)
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.
PDF page 249 (printed page 232)
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 ?
PDF page 250 (printed page 233)
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)”.