Vol. 15 · pages 546–550

529PARLIAMENTARY DEBATES expenditure must be included in the return ? Mr. Goenka who has raised this matter in the course of his minute of dissent says that if the clause stands as at present, a political party will not be free or entitled to spend money on elections and he thinks that is a situation which ought not to be allowed. The political party should be permitted to spend money on elections, which a candidate—and this is the most important part—need not show in his return of election expenses. The last point that the candidate need not show is most important. It seems to me that his contention is founded on a misunderstanding of what is meant by election expenses. Since the Select Committee reported, I have myself gone a great deal into the cases which have been decided by the Election Tribunals in England over a long course of years and I would like to give to the House some of the results arrived at by the Election Tribunals in England. In considering this question, the first point that has to be borne in mind is that we are dealing with ‘election expenses’ and we have to understand very clearly what is meant by ‘election expenses’ of a candidate. Election expense means ‘expense incurred during a period beginning from the commencement of the election and ending with the conclusion of the election.’ Shri Kamath: Does commencement mean nomination or polling ? Dr. Ambedkar : I am coming to that. It may be before that. Therefore, we must bear this in mind—that the phrase ‘election expense’ has reference to a definite period, namely, the period commencing from the beginning of the election and the period ending with the conclusion of the election. Any expense incurred by anybody before the commencement of the election is not election expense. Shri Kamath: What is the commencement—nomination or polling? Dr. Ambedkar: I am coming to that. If you will let me proceed, I shall explain. I have spent some considerable time and taken considerable trouble over this, because I myself wanted to understand it.

530 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Mr. Deputy Speaker: Is there any such restriction in the body of the Bill ? Dr. Ambedkar: No such thing, but I am talking about the judicial interpretation of the phrase ‘election expense’ Mr. Deputy Speaker: Does that mean ‘all expenses in anticipation of the election ?’ Dr. Ambedkar: The emphasis is on the word ‘election’ Election means an event which has a beginning and an end. Therefore, what I am saying is that we are only concerned with expenses incurred on an election which has a beginning and an end. Shri Kamath: Everything has Dr. Ambedkar: Some things probably have not. Some things are sanatan—they have no beginning and no end. But election is not sanatan. Having regard to this fact, any expenditure incurred before the commencement of the election, whether it is incurred by the candidate or whether it is incurred by the political party, does not come within the meaning of election expenses. A political party may be free to spend any amount of money before the election commences, because that would not be part of the election expenses. After the conclusion of the election, a political party or a candidate may do anything. A candidate, after he is elected, might invite people, subject of course to the food regulations, to a dinner in the Imperial Hotel. That is not part of the election expense. Therefore, barring these two things, a political party is free to incur any expenses. That is not barred by this clause. Shri Sidhva: What about ‘during elections ? ’ Seth Govind Das : rose— Dr. Ambedkar: Do not cross-examine me. Let me go on. If you have a complete idea of what I have to say, you will probably have no questions to ask at the end. Now, I come to the point raised by my hon. friend Mr. Sidhva about the expenses during the event of elections. Let us examine the situation in a very concrete way, not theoretically. What happens when an election is on ? Two

531PARLIAMENTARY DEBATES things may happen. One is that there may be political meetings or political lectures. Shri Sidhva: Also political pamphlets. Dr. Ambedkar: I am coming to that separately. I am taking each case by itself. First let us consider political meetings and political lectures. I think everybody will agree that these political meetings and political lectures could be divided into two classes. Political meetings and political lectures may be intended for the advancement of the political principles of a particular party without reference to any particular candidate. The Conservative Party may come and say, “Well, we believe in property. We believe in freedom of industry and things of that sort,” without any reference to any particular candidate. On the other hand, there may be political meetings and political lectures for the specific purpose of advancing the candidature of a particular individual. So far as judicial decisions are concerned, expenditure incurred on political meetings and political lectures which are not centred round the idea of promoting the candidature of any particular individual is not part of the election expenses. Therefore, a political party would be free to go to any constituency ; organise meetings or a series of lectures ; send lectures for the purpose of propagating its principles and faith, without mentioning names. On the other hand, as I said a meeting may be organised in which the intention is to win over the voters to the side of a particular candidate. Then obviously, it is part of the election expenses. I have now given you the line which should be drawn between expenses which are part of the election expenses and expenses which are not part of the election expenses. Seth Govind Das: Very confusing. Dr. Ambedkar: Yes, it is very confusing. You want a straight line, but you cannot have it. Now take the other case—for instance the issue of books, pamphlets, posters and things of that sort. There again, you have got to make some sort of a distinction. Books, pamphlets, posters, etc. which are for the purpose of propagating the

532 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES principles of a party are not part of election expenses and need not be shown in the return by the candidate. On the other hand, if there is a book saying “20 points in favour of Mr. so and so—why he should be elected” or if a poster is put out giving the photograph of the candidate, giving below something in praise of him and recommending him to the electorate, obviously that is in furtherance and advancement of his election. Therefore, expenditure on that would be expenditure chargeable to the election and should be mentioned in the return of election expenses. I am giving the results of the election petitions tried by the various tribunals in Great Britain. This is the distinction that they have drawn. Anything which does not promote or advance the election prospects of any particular candidate is not part of the election expenses and therefore free to be incurred by anybody, whether a political party, a philanthropist, friend or anyone who wishes to take interest in this matter. These are, as I said, the guiding principles which the various election tribunals in England have laid down for the purpose of determining what expenditure is chargeable as election returns and if our election tribunals follow the same rules, there is more than enough room for political parties to spend their money in furtherance of their political faith. If they do something for the special benefit of any particular candidate, then, of course, that becomes part of his election expenditure and must be shown in his return of election expenses. Sir, I think I have exhausted all the points which arise from the report of the Select Committee and the Minutes of Dissent that have been recorded by hon. Members. Shri Satish Chandra (Uttar Pradesh): What about the duration of election ? What will determine the commencement and the conclusion of the election ? Dr. Ambedkar: The courts have held that no doubt polling is one fact which is the other end of the election—the election has concluded. With regard to the commencement of the election, courts have said that it is a question to be determined by fact.

533PARLIAMENTARY DEBATES Ordinarily, if there is nothing to the contrary, then the date of nomination would be the date of the commencement of the election. But they say it is perfectly possible for a candidate long before the election takes place to publicly announce that he is going to be a candidate. He may not only announce, but may incur some expenditure in order to steal a march over some other candidate. If that is so, then the date on which he has announced himself publicly as a candidate shall be the date of commencement of election in his case. Dr. C. D. Pande (Uttar Pradesh): Then everybody will have his own date. Dr. Ambedkar: I suppose so. Sir, that is all that I have to say. Mr. Deputy Speaker: After the Minister’s statement today nobody will announce his candidature openly. Shri Sondhi (Punjab): There are some people who have already announced it in Delhi—what about them ? Dr. Ambedkar : I have nothing to add to what I have said and I commend the motion to the House. Mr. Deputy Speaker: Motion moved: “ That the 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 corrupt and legal practices and other offences at or in connection with such elections and the decision of doubts arid disputes arising out of or in connection with such elections, as reported by the Select Committee, be taken into consideration.” I was the Chairman of the Select Committee on the Bill, and as such may I make a suggestion for the consideration of the House. There is no one single principle running through the whole Bill. There are various points dealt with in different clauses to which the Hon. Minister for Law referred. Therefore, to cut short the discussion on this Bill—if the House is agreeable—I will put the consideration motion to the House and then the real discussion will begin on the clauses. Some hon. Members: No, no.