Vol. 15 · pages 576–580
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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559PARLIAMENTARY DEBATES
circumstances happen to belong to the categories mentioned
in this amendment. I have no doubt in my mind that such a
monopoly would be a vicious thing to introduce into the political
life of this country. I should also like to state that I am not
at all satisfied that merely because a person has intelligence
or merely because he has experience, he is the only person
necessarily fitted to fill a seat in Parliament. As I stated in
the course of the debate, I attach far greater importance to
character than to intelligence or experience and the amendment
certainly does not ensure that the people who would be elected
under the provisions of the Constitution would be of better
character. The motive, if I understand correctly, of the Mover
of that amendment is to improve the efficiency of parliament
generally. I take it that is so. Now, let us examine each of
the categories from that point of view. Take the first namely,
one year membership of a legislative chamber. I am unable
to understand what one year’s experience of the membership
of a legislature to a person who has no education who is not
even literate, can mean in terms of efficiency ? Take the second
category; elected member of any local self-governing body like
the muncipality or the district local board. Here again the same
question arises. I have not got much experience of a municipal
corporation or a council. I happen not to have the experience
but I have some knowledge of the district local boards and all
that I remember is this, that the members of the district local
board are generally most anxious to hold a meeting on the
bazar day so that they can come there, take their travelling
allowance, buy their weekly or monthly purchase in the bazar
and go back. (Interruption) I do not know; there may be others
and I know that case also, ( some hon. Members: Not now.)
That is my experience. Now in the village panchayat I again
fail to understand what efficiency can there be in a member
who is a villager, who happens to be a member of a village
panchayat. What are their functions ? What resources have
they ? What technical knowledge of administration do they
possess ? Take a public servant who has been in service for
five years undoubtedly must have certain experience, certain
knowledge of all administrative processes, (interruption ). A
public servant, I take it is of a high character. I do not know
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560 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
if it means a chowkidar also. With regard to this category.
I am afraid the same observations must apply but if my hon.
friend means by ‘public servant’ an I.C.S. officer or a higher
Civil servant, I think there is a possibility of this danger
arising. Most public servants are in possession of certain
official secrets which they come to know during the course of
their administration. I am not at all prepared to disbelieve
the possibility that it may be open for a civil servant after he
retires and becomes a member of the legislature to use the
secret knowledge which he may possess. Take the next case;
a teacher of any school, college or university for one year.
Take a primary school in the village. What is his knowledge ?
What is his information ?
Sardar Hukam Singh: Are these persons debarred from
standing ?
Dr. Ambedkar: That is my main argument. I am coming
to that. Therefore, I cannot see much in that. Take the next
category, volunteer in a recognised association for social
service. Will my hon. friend Sardar Hukam Singh permit
for instance, the Mahabir Dal to be a body the membership
of which would qualify one to stand ? May I mention the
R.S.S. and the Akali Dal ? Some of them are very dangerous
associations. It may be that one Government may recognize
them and another Government may not recognize them, all
these posibilities are there.
Shrimati Durgabai (Madras): Can they be excluded ?
Dr. Ambedkar: I am coming to that. What I was trying
to submit to the House was that none of the categories which
have been set out in this amendment are of such a character
as to give anybody the impression that the membership of the
particular body to which they belong is such as to make them
more efficient members of parliament. I am sorry I give a very
positive answer to that question. Now the other thing that
I wish to say is this : Is there anything in the Constitution
or in the present Bill which can prevent an elector from
electing any one of the people mentioned here ? Suppose, for
instance, there are two candidates, one who is just a voter
and is not disqualified under our disqualifications and as
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561PARLIAMENTARY DEBATES
against him there is a candidate who has been a member of
a legislative chamber for one year. Is there anything under
which we are required to suppose that the electorate will not
give preference to the second man and no the first ? Take each
one of these ; they are free to stand aid if the electorate thinks
that there is something in them more valuable from the point
of view of giving greater efficiency to Parliament, I do not
quite understand why the electors will not give preference to
these people as against a mere voter who is a citizen and no
more. It seems to me, therefore that on these grounds, this
amendment is unnecessary and I oppose it.
Sardar Sochet Singh (P.E.P.S.U): You have not said
anything about the category of those who are able to read
and write Hindi.
Dr. Ambedkar: I replied to it last time. I should have
thought that that would certainly create complications. This
matter was considered at great length when we were framing
the Constitution. Why did we make a provision ‘after 15 years’
and not make Hindi to come into operation as a national
language immediately ? Because, we realised that there were
various parts of the country where Hindi was not the language
of the people and therefore some amount of time must be
given to the people to study. After having recognised that
principle, suddenly now to derogate from it seems to me to
be going contrary to the sprit of the Constitution.
The motion of Prof. K. K. Bhattacharya was negatived.
*Clause 4. —(House of the People membership ).
Shri B. K. Das (West Bengal): I beg to move.
In clause 4, after the words “Jammu and Kashmir” insert
the words “or to the Andaman and Nicobar islands”.
Mr. Deputy Speaker : Amendment moved :
In clause 4, after the words “Jammu and Kashmir” insert
the words “or to the Andaman and Nicobar Islands”.
Dr. Ambedkar: I accept the amendment.
*P. D., Vol. 11, Part II, 14th May 1951, pp. 8699-700.
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562 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Sardar Hukam Singh: I would request the Hon. Law
Minister to consider whether it would not be
better to have this amendment in the definition
of “election”. Sub-clause (d) of clause 2 says :
“ ‘election’ means an election to fill a seat or seats in either
House of Parliament or in the House or either House of the
Legislature of a State other than the State of Jammu and
Kashmir.........”
So far as Jammu and Kashmir are concerned they
are there and the Islands of Andaman and Nicobar may
also be put in there, so that there will be no necessity of
repeating it anywhere else.
*Shri Hussain Imam : The difficulty does not arise
because the man has to be an elector in any State not
necessarily in the State in which he is standing. Therefore
the choice of the President is open and he can nominate
a person who is an elector in any constituency in India.
Mr. Deputy Speaker: That would exclude the residents
of the Andamans and Nicobars. They cannot be registered
as electors in any other place because of the residential
qualification.
The Minister of State for Transport and Railways
(Shri Santhanam): Does “chosen” include nomination also?
Mr. Deputy Speaker: Yes, both election and
nomination.
Shri Sidhva: Cannot we amend the language ? The
Government will certainly know who is who in the
Andamans and they would suggest the name for nomination.
Mr. Deputy Speaker: A person should be otherwise
qualified to be an elector and should have residential
qualification.
Dr. Ambedkar: The simplest method is to accept the
amendment. As you have pointed out the obstacle arises from
sub-clause (d). We have no parliamentary constituency in the
Andamans and therefore this would create difficulty in the
12 NOON
*P. D., Vol. 11, Part II, 14th May 1951, pp. 8701-02.
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563PARLIAMENTARY DEBATES
matter of giving representation to the people of the Andamans
and Nicobars. Therefore this amendment in my judgement is
a necessary one.
Mr. Deputy Speaker: As to the future it can take care
of itself. Any amendment can be moved. It is not as if this
Act will stand as it is without any amendment before the
next elections. We are all the time gaining experience. The
question is:
In clause 4, after the words “Jammu and Kashmir” insert
the words “or to the Andaman and Nicobar Islands”.
The motion was adopted.
Clause 5—(Legislative Assembly membership ).
*Dr. Deshmukh: May I be permitted to move Prof. Shibban
Lal’s amendment. Sir ?
Shri Santhanam : These amendments of Prof. Saksena
are consequential amendments. They were not allowed earlier
on clauses 3 and 4.
Dr. Deshmukh : Does not matter. We can give this facility
to State Legislature elections although, it is barred so far as
the Parliament is concerned.
Dr. Ambedkar: No. no. The electoral roll is the same.
Mr. Deputy Speaker: Yes.
Shri Sonavane : Sir, I also desire to move two amendments
to clause 5 notice of which I have given this morning.
Mr. Deputy Speaker : But I have not got a copy of those
amendments.
Dr. Ambedkar: Nor have I got a copy.
Mr. Deputy Speaker : Unless the amendment is given
to the Hon. Minister and Government is prepared to accept
it, I shall not allow it now.
*P. D., Vol. 11, Part II, 14th May 1951, pp. 8763-64.