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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.