Vol. 15 · pages 541–545
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 541 (printed page 524)
524 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
constituency, will you publish the results in the Gazette or
will you wait until all the counting has been done in all the
constituencies and the result is announced in a consolidated
form in one issue of the Gazette.
Seth Govind Das: What would be the use ? will it not be
published in the various newspapers ? ( Interruption)
Dr. Ambedkar: I want to understand his minute of dessent.
His argument seems to me, and it is not unsound, is that
people after all are carried away by what is called the herd
instinct. If people had voted in one way in one constituency
other people like to do so in their own constituency. It is a
psychological point. He felt that if the result of the election in
one constituency was announced, which was unfavourable to
any particular party, then the other constituency also might
say “Our neighbours have voted in one particular way and
why make an experiment of voting in some other way. Let
us vote in the same way.”
Seth Govind Das: When the counting will take place
in the presence of the candidate it would be known to all
newspapers and how will you be able to withhold the result ?
Dr. Ambedkar : You cannot. As I said no electoral law
can be either foolproof or knave-proof. All sorts of loopholes
will remain.
Shri Sarangdhar Das (Orissa): I had put in the minute
of dissent and I have also given an amendment, because there
is a possibility of having the general election in some of the
States, whereas other States are not ready with their electoral
rolls and would like to have the elections sometime later.
That is why I want that the results of the earlier elections
should be held over until the later elections are over and all
the results are announced simultaneously.
Dr. Ambedkar: I was only trying to understand him,
because his minute deals with that in a few sentences. No
doubt the matter will be considered, because there is something
to be said for the point of view he has urged.
Mr. Deputy Speaker: It does not affect any individual
election.
PDF page 542 (printed page 525)
525PARLIAMENTARY DEBATES
Dr. Ambedkar : It does not. I am only making a distinction
between counting and announcing which is really the important
thing.
Shri Naziruddin Ahmad (West Bengal): The counting
will be public and the result will be known and published in
the papers.
Dr. Ambedkar : As regards counting it is there in the rules.
Then there is this ticklish question of the use of conveyances.
The Bill does not permit the candidate to employ cars or
other means of transport for conveying his voters but it does
permit the voter himself, if he has got a car, to use it for the
purpose of going to the polling booth and registering his vote.
Seth Govind Das: Can a voter hire a cart ?
Dr. Ambedkar : He may if he wants to pay, but our
friends are rather worried over this. They say that it is
perfectly possible for a candidate to circumvent this provision
by putting a few pieces of money into the hands of the voter
and say “You hire the car and I pay for your conveyance. Come
and vote for me.” Therefore they say this provision would be
nugatory. I do not deny the possibility of such circumvention
but the question we have to consider is whether this provision
will be circumvented on such a large scale as altogether to
nullify the provisions of this particular section. My reply is
that it would not be so possible. That is my view. On the other
hand, we have to take into consideration two other factors—I
shall be very frank about it. We are making provision for our
polling booths to be within two or three miles of each village.
In that event perhaps it is not necessary to use a car at all.
On the other hand, there is also the fact that there are many
people who have got a right to vote, who are willing to vote,
but who on account of their old age are not able to walk to
the polling stations. There are many people who are lame or
who have some kind of a physical disability which prevents
them from going to the polling booths on their feet.
An hon. Member: Such as ladies.
Dr. Ambedkar: Well. I do not know. If you say ladies,
yes,—women in India walk and therefore I am not concerned
with them.
PDF page 543 (printed page 526)
526 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Dr. Deshmukh (Madhya Pradesh): What are our sisters
in this House, ladies or women ?
Dr. Ambedkar: I shall leave it to them to answer.
Therefore, as I said, in determining this question we have to
take into consideration these various factors. One is this that
our polling booths will be much nearer than they used to be.
Secondly, there may be a good many people who on account
of their physical disability will not be able to go to the polls.
Are you going to deny altogether any kind of physical aid by
way of transport to such people to go and register their votes ?
Shri J. R. Kapoor (Uttar Pradesh): Make an exception
in their case.
Dr. Ambedkar : As I said, I am not concluding the matter
by expressing any dogmatic opinion. I am putting both sides of
the question before the House. It is for the House to determine.
Personally, I do not mind if transport is completely stopped;
anybody who wants to vote may go on foot and vote. But
we have got to consider this question that there are a large
number of people who may not be in a position to go and we
must make some kind of a provision for them.
Then I come to another point which is very important:
obtaining of assistance from Government servants in the
elections. That point is raised by Mr. Gokulbhai Bhatt and
also, I believe by my friend Mr. Khandubhai Desai. I cannot
help saying that this is a very important provision and in
considering this the following points, I think, require attention.
We must make a distinction between the right to vote and the
right to take active part either in forming a political party
or in helping an existing political party. So far as the right
to vote is concerned, nobody in this country is denied that
right; neither the government officers employed in the civil
services nor the military personnel have any impediments
placed in their way in the matter of exercising their right to
vote. The only question that arises for consideration is this,
whether they should be permitted to form an association of
themselves for the purpose of starting a political party or
PDF page 544 (printed page 527)
527PARLIAMENTARY DEBATES
helping any particular political party. It seems to me that
to allow the civil or military servants of the Government
to take past in party politics is nothing short of sowing the
seeds of subverting the Government. That point can never
be forgotten, it seems to me. If our Secretariat servants
were allowed to form a political organisation as against
the existing Government that they wish to bring about,
what would happen to the administration ? Could they be
expected to be loyal to a government which they intended to
overthrow by their political activities ? It seems to me the
whole administration will come down to pieces. Secondly,
it must be remembered—and I emphasise it because I find
that it is not generally remembered as it ought to be—that
whether the political party of the government, the Ministers
and so on, is partial or impartial or whether they side on
one side or the other is a matter of small moment. What is
of importance is the impartiality of the administration. The
administration, in my judgment, is far more important than
government as such. And supposing the administration was
permitted to associate itself with political parties, would the
administration be impartial ? Would they not favour those who
work with them and disfavour those who do not work with
them ? What would happen to the administration ? Therefore,
I am very strongly opposed to the suggestion made by my
friend. Mr. Khandubhai Desai or by Mr. Gokulbhai Bhatt
that the administrtation should be permitted to take part in
politics or to help any particular candidate by holding meetings
for him, for canvassing, for collecting funds, and this, that
or the other. I think it is absolutely subversive of civil and
military government
Shri Bhatt (Bombay): That is not the idea behind my
suggestion.
Shri Khandubhai Desai (Bombay): You were not replying
to my minute regarding the activities of ordinary employees
of Government in support of any candidate.
Dr. Ambedkar: I thought you were dealing with it
generally, but if you were to move an amendment then the
matter will be debated at a later date. I have plenty of material
PDF page 545 (printed page 528)
528 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
on this subject and I think I shall be able to satisfy the House
on this point.
Shri Bhatt: What I have suggested does not concern the
officers and persons holding administrative posts but only the
ordinary run of employees known as the officials.
Dr. Ambedkar: It is very difficult to make a distinction
between ekewyh deZpkjh and cMs+ deZpkjh .
There is one other question and that is with regard to
the use of symbols. The Select Committee has decided that
religious and national symbols shall not be used. Our friend,
Mr. Das, and then Mr. Man and Dr. Syama Prasad Mookerjee
differ. Mr. Das is in favour of the provision but he wants to
extend it. He said that there might be colourable imitations
of the prohibited symbol and since they were only colourable
and not actual it might be possible for members of the
political party to get round this particular provision. Well, as
I said. I do not know whether I can find any suitable words
to prohibit colourable imitation. I have not as yet found any
suitable expression to overcome that difficulty. Our friend,
Mr. Man and Dr. Syama Prasad Mookerjee object to it. They
say symbols should be permitted.—the Hindu Mahasabha
should have its own flag to carry on the election compaign. I
think that the provision in the Bill as reported by the Select
Committee is a very sound one, because I think that elections
ought to be conducted on issues which have nothing to do with,
for instance, religion or culture. A political party should not
be permitted to appeal to any emotion which is aroused by
reason of something which has nothing to do with the daily
affairs of the people.
Shri Kamath: What about political emotion ?
Dr. Ambedkar: Political emotion—enthusiasm—is all
right, but I think that any emotion other than political emotion
should not be permitted. Therefore, this is a good provision
and the suggestions made are unacceptable to me,
Then I come to the last point in the Select Committee’s
Report which I know has caused a great deal of heart burning
i.e. with regard to the return of election expenses—what