Vol. 15 · pages 531–535
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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514 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
alteration in the disqualification clause introduced by the Select
Committee in sub-clause (d) of clause 7. This change is proposed
by two members of the Select Committee, Mr. Gokulbhai
Bhatt and my friend, Mr. Goenka. Among themselves they
do not seem to be ad idem. Mr. Bhatt has no objection to the
disqualification relating to holding of a contract to continue
as it is. His only objection is to the holding of licences or
permits, but my hon. friend, Mr. Goenka objects to both. As
I said, these provisions did not exist in the original Bill; they
were introduced by the Select Committee. I do not mind giving
to the House my own personal reactions to these additional
provisions. The first thing I feel is that there is no doubt that
the clauses, as worded in the Select Committee draft of the
Bill, appear to be somewhat severe. I personally feel that we
could make a distinction between disqualification for being
chosen and disqualification for continuing to be Members of
Parliament. We ourselves have been making that distinction.
I do not quite understand what difficulty or political injustice
can arise if we said that while persons holding a contract
from Government or having a licence from Government are
free to stand as candidates for election they would become
disqualified for continuing to be Members of Parliament. I
cannot see any difficulty in making a provision of this sort.
In other words, we may permit a holder of a contract or a
holder of a licence to stand as a candidate. After he has been
elected, he may be presented with this alternative, either
he gives up his contract and continues to be a Member of
Parliament or he decides not to be a member of Parliament
and continues his contract……
Pandit Maitra (West Bengal): Whichever is more
profitable ?
Dr. Ambedkar: Whatever it is, my point is this. I think
it would be too much to say that none of these people shall
be entitled to stand as a candidate. There may be something
in the argument that they should not continue to be Members
of Parliament. I think we could make that change.
Shri Sidhva (Madhya Pradesh): Has Government any
view on this ?
PDF page 532 (printed page 515)
515PARLIAMENTARY DEBATES
Dr. Ambedkar : In course of time Government’s view
will be known. With regard to the other question of licences
and so on, no doubt a great agitation is going on in
the country by the business community that if this
clause stood as it now stands in the draft Bill of the Select
Committee, the whole of the business community would be
disfranchised from playing its part in Parliament, I mean
in the political affairs of the country. I am sure that we do
not want to bring about such a result. Every section of the
community should have an opportunity of taking part in the
politics of the country, of coming into Parliament, placing
its points of view, modifying legislation in any way it thinks
it ought to be. Parliament ought not to be a sectional body,
representing any particular class or any particular group or
any particular community so that the point of view of all
others goes un-represented. I think that would be very unfair
thing; it would be a disservice to Parliament in my judgment
if such a thing happens. At the same time, I am quite clear
in my mind that while the business community should have
a fair opportunity to influence politics and to come into
Parliament, we do not want Parliament to be converted into
a Stock Exchange.
Pandit Maitra: They are already dominating.
Dr. Ambedkar: Another thing that we must bear in mind,
and which I think goes to the root of the matter is that our
Parliament and our Electoral law should be so constituted that
the independence of the Members of Parliament as against the
Government must be scrupulously observed, There can be no
use in a Parliament if we adopt a system which permits the
Government to corrupt the whole of the Parliament either by
offering political offices or by offering some other advantages.
If a Parliament cannot act independently without fear or
without favour from the Government, in my judgment such a
Parliament is of no use at all. Therefore, while it is necessary
to permit every class of people to come into Parliament and
to play their part, you must at the same time place some
safeguards whereby Parliament will not be converted into a
sort of what I might call chorus girls who would be saying
always ditto to what the Government say.
10 A.M.
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516 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Shrimati Durgabai (Madras): Why girls ?
Dr. C. D. Pande rose—
Mr. Deputy Speaker: What is it ?
Dr. Ambedkar: My point is as I said, we have to sail
within two limits. One limit is this: that our electoral
law should not be such as to deliberately shut out any
particular section or any particular community. The
second limit is this: the Electoral law must be such that
it would maintain an amount of freedom in Parliament.
Within these two limits, anybody who has any suggestion
to make with regard to the improvement of the provision
relating to this particular disqualification will have my
sympathetic hearing.
Mr. Deputy Speaker: Is there any provision regarding
political jobs ? The Hon. Minister was saying that political
jobs or contract ought not to be allowed to corrupt Members
of Parliament.
Dr. Ambedkar: To that point, my reply is this. I wish
very much that we adopted the principle of the British
law where there has been a definite limit laid down to the
number of Ministers, Parliamentary Secretaries, Ministers
of State, and so on. I hope some day we shall be able
to pass legislation of that kind so that Government will
not be in a position to increase its supporters by offering
political jobs such as Ministers and Deputy Ministers and
Parliamentary Secretaries to anybody in the House. This
matter………..
Seth Govind Das (Madhya Pradesh): Why not have
those provisions now ?
Dr. Ambedkar: That cannot be done; that is a matter
dealing with Ministerial affairs. I do not know ; perhaps,
you may remember that this question was considered at
the time when the Government of India Act, 1935, was
made. One proposal was ………
The Deputy Minister of Food and Agriculture (Shri
Thirumala Rao): That was by a foreign Government.
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517PARLIAMENTARY DEBATES
Dr. Ambedkar : Wisdom is wisdom whether it comes from
inside or outside the country.
Pandit Munishwar Datt Upadhyay (Uttar Pradesh):
Are you in agreement with this ?
Dr. Ambedkar: Yes ; I said so. I remember when the
Government of India Act, 1935 was framed, this very question
was raised whether we should allow the Prime Minister…………
Pandit Thakur Das Bhargava (Punjab): Article 102
is already there; everybody holding an office of profit is
disqualified.
Dr. Ambedkar: We have limited that. If anybody becomes
a Minister, he ceases to come under that disqualification. I
do not want to go into that now. This question apart. I shall
answer the query that you put.
Shri Sidhva : Why not incorporate all those things here ?
Dr. Ambedkar: I cannot do all sorts of things in this Bill.
Shri Kamath (Madhya Pradesh): You were referring to
the Government of India Act, 1935. What was it ?
Dr. Ambedkar: I said about the Government of India
Act, 1935, because I had been at the Round Table Conference
where this very question was raised namely, whether it was
necessary to put a limit on the number of Ministers that
could be apppointed. The point there was that it might be
possible for the Ministry to so expand as to have a large
number of people in the Ministry so that the House may be
disabled. There were two proposals made. One proposal was
that a maximum number should be fixed in the Act, that not
more than a certain number of persons could be appointed as
Ministers. The second proposal was—I do not know whether
the Members would like it or not—to fix a maximum salary
for the Ministry as a whole, so that, if they wanted to expand,
they could do so by dividing the spoils and lowering the share
of each one. Neither suggestion was adopted and it was left
to the good sense………….
Seth Govind Das: We can have both.
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518 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Pandit Munishwar Datt Upadhyay : Could you limit
the number of Ministers under the Constitution ?
Dr. Ambedkar: The House can.
The Minister of State for Transport and Railways
(Shri Santhanam): If cannot; please read the Constitution.
Dr. Ambedkar: I am very sorry; I should think that we
can. There is nothing in the Constitution to prevent that. All
that the Constitution says is that there shall be a Council of
Ministers to advise the President. It does not say how many
Ministers there will be.
Shrimati Durgabai: On a point of order, Sir…………
Mr. Deputy Speaker: The hon. Member is on a point of
order. Will the Hon. Minister give way?
Shrimati Durgabai : On a point of order, Sir, may I
know whether the Hon. Minister is making any insinuation
against the Government that whenever they appoint more
Ministers or Deputy Ministers they are appointing them only
to disable the House ?
Dr. Ambedkar: I am replying to the Chair. I wanted to
drop the thing; it was Mr. Kamath who wanted me to say
something.
Mr. Deputy Speaker: I do not think there is any
insinuation.
Dr. Ambedkar: I hope my hon. lady friend is not intending
to create bad blood between myself and the Ministry.
I come to the next question. The second proposal is that
the Princes should be declared to be disqualified for being
chosen as Members. The point is made by my hon. friend
Mr. Raj Bahadur—I hope he is here—and his friends.
Shri Raj Bahadur (Rajasthan): I am here.
Dr. Ambedkar: Mr. Rama Rao has appended a separate
minute of his own. The ground which has been urged by
Mr. Raj Bahadur and his friends is that the Princes are holders
of Office of profit. It seems to me that if that contention