Vol. 15 · pages 586–590

569PARLIAMENTARY DEBATES Amendment made: In part (a) of sub-clause ( 1) of clause 10, for the words “orders thereunder” substitute the words “orders made thereunder” . —[Shri Naziruddin Ahmad ] Mr. Deputy Speaker: Then we come to amendment No. 231 standing in the name of Mr. Naziruddin Ahmad. Shri J. R. Kapoor: That amendment is out of order, it cannot be moved as it is. Mr. Deputy Speaker: Let me see. Shri J. R. Kapoor: May I refer you to Article 80 of the Constitution, sub-clause 4, according to which only the elected members of any Assembly can elect members to the Council of States ? Dr. Ambedkar: There is provision for certain nominations for Anglo-Indians. Shri J R. Kapoor: There may be nominated members but they have no right to participate in the election. There is article 30(4) according to which only the elected Members of any Legislative Assembly can participate in the election of the Members to the Council of States. Mr. Deputy Speaker: I am afraid this is out of order. Shri Naziruddin Ahmad : My amendment is out of order ; not I. Mr. Deputy Speaker: All right, the amendment is out of order, not allowed to be moved Shri J. R. Kapoor: But, we have come to identify the hon. Member with his amendment. Mr. Deputy Speaker: The question is : “ That clause 10, as amended, stand part of the Bill.” The motion was adopted. Clause 10, as amended, was added to the Bill. Clause 11.—( Notification for constitution of electoral colleges).

570 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Mr. Deputy Speaker: Amendment No. 238. I think this will be taken notice of by the draftsmen. Amendment No. 239. I think it is a printer’s mistake. It will be corrected by the draftsmen. Shri J. R. Kapoor: It has already been corrected by the corrigenda. Mr. Deputy Speaker: There is nothing in the correction slip. Why should this be out to the House ? It is a Printer’s mistake. I will ask the office to note it and the Hon. Minister may also note it down so that it may be useful for reference later. Dr. Ambedkar: There is no corrigenda on the subject. It may therefore be better to accept the amendment. Shri Santhanam: It is only a printer’s mistake. Mr. Deputy Speaker: Instead of ‘this’, it has been printed as ‘his’ That was not the intention of the framers of the Bill. It is only a printer’s mistake. Tomorrow, a spelling mistake may occur in the Gazette. I shall in the end formally say that all such formal corrections may be carried out. I am not satisfied that I should bring it to the notice of the House. Once again, a spelling mistake may be committed in the final draft. However, to avoid any difficulty, I will put it to the House. The question is: In clause 11, for the words “in his behalf” substitute the words “in this behalf”. The motion was adopted. Mr. Deputy Speaker: Amendment No. 240. Shri Naziruddin Ahmad: That is necessary. Dr. Ambedkar: Singular includes plural. This amendment is not necessary. Mr. Deputy Speaker: Yes, singular includes plural. The question is: “That clause 11, as amended, stand part of the Bill.” The motion was adopted. Clause 11, as amended, was added to the Bill.

571PARLIAMENTARY DEBATES Clause 12. —(Elections to the House of the People ). Mr. Deputy Speaker: No amendment is being moved to clause 12. Shri Naziruddin Ahmad : I suggest amendment No. 246 may be considered. Mr. Deputy Speaker: But the Member who has proposed it does not want to move it now. What is the particular importance of it ? It says : In sub-clause (2) of clause 12, omit the words “in order that a new House of the People may be constituted”. Shri Naziruddin Ahmad : We should supply the machinery only, we need not give the purpose behind it. Dr. Ambedkar: These words do not do any harm. Mr. Deputy Speaker : I do not give permission to the hon. Member to move this amendment. It is not necessary. Dr. Deshmukh: Sir. I want to say some thing ? Mr. Deputy Speaker: The hon. Member is always late. What does he want to say now ? Dr. Deshmukh : Sir, I have given notice of an amendment to clause 15, but I find that at this stage it is relevant. There should be some provision, somewhere to say that the first general elections both for Parliament and for the State Legislatures should be held simultaneously, on one and the same day. Mr. Deputy Speaker : That is going to be the case, to save expenditure. Subsequently there may be bye elections at different times, because some Houses may be dissolved before others and so on. I do not think such an amendment is necessary. The question is: “That clause 12 stand part of the Bill”. The motion was adopted. Clause 12 was added to the Bill.

572 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Clause 13 was added to the Bill. * Mr. Deputy Speaker: Let us hear the Hon. Minister. Ch. Ranbir Singh (Punjab): Sir, so far nobody has spoken in support of the amendment and everybody, who has spoken so far, except Pandit Thakur Das Bhargava, has opposed the amendment. I would request you to give a chance to somebody who is likely to support the amendment. Shri Syamnandan Sahaya (Bihar): Are you supporting the amendment? Ch. Ranbir Singh: Yes ; I stand to support the amendment. Mr. Deputy Speaker: The Hon. Minister would like to intervene. Let us hear the Hon. Minister. The Minister of Law (Dr. Ambedkar): Yes, I should like to make a few observations. The object underlying this amendment is, no doubt, very laudable. I do not think that looking at the mere motive and the objective, there could be much objection to the amendment. But, added to the motive, there are certain other provisions contained in this amendment which are intended to give the motive and the object its proper effect. It is from that point of view that I find it difficult to accept the amendment. The amendment empowers the President to carry out the objects mentioned in this new amendment. No doubt, the Mover of the amendment thinks that the amendment has no political complexion. I should have thought that the introduction of the President in this business is enough to give a political colour to it for the simple reason that although the President, as an individual, as the Head of the State, may be above all parties and party considerations, there is no doubt at all that in giving effect to this particular amendment, the President as usual will have to act upon the advice of the Ministry. No one can have any doubt that the Ministry is a political institution of the day. It is therefore very difficult......... *P.D., Vol. 12, Part II, 15th May 1951, pp. 8755-57.

573PARLIAMENTARY DEBATES Shri Kamath: This is an all-parties Ministry. Dr. Ambedkar: That is a different thing. It is therefore very difficult to be sure in the interests of fair elections that nothing will be introduced in the text of the Message which may not be objected to by some political party. I submit, therefore, that it would be wrong to bring in the President in the political arena charged with emotion and bitter feelings as it is likely to be in the course of the elections. Another thing I find is that the amendment speaks of the purposes being carried out by a prescribed authority. There is no mention in this amendment as to what is to be this prescribed authority, or who is to prescribe this particular authority. Again, if the prescribed authority is to be the State Governments in the various parts of India or the administrative agents who are working under the State Governments, there again, we are introducing a very dangerous political instrument in a proposition which, apart from all other things, is, no doubt, as I said, very laudable. Again, the requirement that it shall be read in every village, and every mohalla seems to me to demand too much from the administrative machinmery. What is to happen if the Message is not read in some villages and in some mohallas ? Is the election to be held over until that requirement is satisfied? There is no mention about it in the whole of this amendment. Therefore, from political and administrative points of view, I think the amendment is a very impracticable one. However, there is I think, another aspect of the matter which might be taken into consideration in determining one’s view as to whether this amendment is to be accepted or not accepted. Supposing there was no such amendment as suggested by my friend, is it not possible to suppose that the purpose of this amendment will be given effect to by the various political parties themselves ? I am sure about it that every party will cherish the underlying object and therefore, I cannot see what can prevent all the political parties and each one of them, trying to issue some kind of a message as is mentioned in the opening part of this amendment, that there is our Constitution which has got a Preamble and we