Vol. 15 · pages 591–595

574 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES are supposed to give effect to the Preamble and to the Fundamental Rights and the Directive Principles. So let each one of us try our level best to select the proper candidates in order to give effect to the Fundamental Rights and the Directive Principles and the Preamble to the Constitution. I therefore submit that even if such an amendment were not to be carried—and I think it cannot be carried by reason of the administrative difficulties I have referred to—the purpose of it would undoubtedly be given effect to by the various political parties. I therefore suggest that rather than accept this amendment I would leave the matter to the various political parties to give effect to it in the best way they think it can be done. Shri Kamath : Is the Hon. Minister not in favour of every political party making free use of the radio ? Dr. Ambedkar: I think that is a matter which really requires to be considered. I have paid some attention to this question of the radio, both in England and in Australia. When the question is raised at the appropriate stage. I shall be glad to make such observations as I can profitably make for the House. Mr. Deputy Speaker: Is it necessary to pursue this matter after what the Hon. Minister has just now stated ? Clause 14 to 16 were added to the Bill Clause 17.—(Definition ) *Shri Naziruddin Ahmad (West Bengal): The point is we have two Councils. In order to prevent confusion we should call the State Council as Legislative Council as we call the Upper House as Council of States. Dr. Ambedkar: I do not accept it. All these terms are defined in the Representation of the People Act. Shri Naziruddin Ahmad: Then I do not press the amendment. *P.D., Vol. 12, Part II, 15th May 1951, pp. 8764-65.

575PARLIAMENTARY DEBATES Mr. Deputy Speaker: The question is : “That clause 17 stand part of the Bill.” Clause 17 was added to the Bill. Clause 18.—(Returning Officer for each Constituency ) Sardar Hukam Singh (Punjab): I beg to move. In clause 18, for “who shall be such officer of Government as” substitute “whom”. * Dr. Ambedkar: It is difficult to accept this amendment. I agree with my friend Sardar Hukam Singh that we might to some extent depend upon non-official agency. Certainly our election would be much quicker if we can expand the staff under the Election Commissioner by drawing upon people who are not in the administrative service of the Government. But at the same time we have to recognise that all the Governments and bodies whom the Government of India had consulted in this matter have insisted that the machinery should be entirely official. That being so I am afraid it is not possible to accept the amendment. **Shri J. R. Kapoor: I beg to move: In the proviso to sub-clause (2) of clause 20, at the end, add : “In which case the seniormost Government servant among the Assistant Returning Officers shall perform the said functions.” Mr. Deputy Speaker: Who is to decide as to who is the seniormost ? Shri J. R. Kapoor: The answer is very simple. There is a civil list which gives the seniority of officers. Mr. Deputy Speaker: But if they are from different Departments ? Shri J. R. Kapoor : If the point is that my suggestion does not solve difficulty, we can find out some method by which *P. D. Vol. 12, Part II, 15th May 1951, p. 8765. **Ibid., pp. 8774-75.

576 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES it could be specifically laid down as to which one of the Assistant Returning Officers should perform the functions. If there is any difficulty in accepting my amendment in the present form, this might be kept in mind in forming rules. My object is that nothing should be left to uncertainty. Dr. Ambedkar: I do not accept this amendment. It should be remembered that we are dealing with three functions; acceptance of nomination paper, scrutiny of nomination papers and the counting of votes in certain contingencies. It does not seem to me that any of these functions are of such a special character as to require an officer of such a type that in him only we can put confidence and in no other. Unless my friend is able to satisfy me that these functions are such that they require some kind of a special character or confidence in the officer, I do not see why one assistant Returning Officer should not perform these functions in the same manner as any other. Shri J. R. Kapoor: That is the presumption in the proviso. Dr. Ambedkar: The idea of my hon. friend is to grade officers ; the seniormost, the next seniormost, the juniormost, etc. I do not understand why this should be done unless the functions are of such a character that we must be sure that the man in whom we can lodge the highest confidence is the man who should perform it. And it might create administrative difficulties as well. Mr. Deputy Speaker: I think there is one point in the amendment. The Election Commission may appoint one or more Assistant Returning Officers to assist the Returning Officer. Let us assume that two persons are appointed and suddenly the Returning Officer stays away without leaving any instructions. There are two persons on the spot. Which of them is to Act ? Dr. Ambedkar: Any one of them may Mr. Deputy Speaker: Suppose each one thinks it is the duty of the other man. What happens ?

577PARLIAMENTARY DEBATES Dr. Ambedkar: Suppose there are two Benches. Whichever Bench is there, the Registrar of the High Court puts the case before the Bench and the Bench hears it. One may go to one and another to the other. Pandit Munishwar Datt Upadhyay: One may pass one order and another may pass another order. Mr. Deputy Speaker: How can that be ? *Shri Raj Bahadur (Rajasthan): That word ‘unvoidably’ is very important. In my humble opinion, the amendment that has been moved by Mr. Kapoor is not worthy of acceptance, in so far as it is specifically provided that no assistant Returning Officer shall, subject to the control of the Returning Officer, be competent to perform all or any of the functions. The Returning Officer has got to supervise and control in the discharge of that function. He can nominate one of his Assistants to perform a particular job. It is perfectly within his competence as a Returning Officer and in the exercise of his control to select one out of so many of his assistants to do a particular job. Where there is a difficulty, he can appoint one of them. Shri P. Basi Reddi: How could he authorise ? Suppose by accident he is prevented on the way, what will happen ? Dr. Ambedkar : I am afraid that a large number of bogeys are being raised in order to press a point to which some people seem to be quite attached. The position is this and I think lawyer Members would understand what I am saying. Shri Sidhva: Quite the contrary. Dr. Ambedkar: We know in law the distinction between what is called ‘court’ and what is called persona designata. In certain cases although a person may be a member of the court or forming a court for certain other purposes, he is specifically designated, so that he himself must perform the functions and he is not a ‘court’. The same principle *P. D., Vol. 12, Part II, 15th May 1951, pp. 8780-83.

578 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES underlines this. The Returning Officer—whoever is appointed beccomes a persona designata —must perform personally those functions. Then the proviso says that although he is a persona designata and must perform some of the functions mentioned in the proviso, in certain circumstances, namely, those mentioned in the last sentence of the proviso, the other persons who are working under him, that is, the Assistant Returning Officers shall become persona designata and step into his shoes. That is what it means. Pandit Manishwar Datt Upadhyay : Which of them ? Dr. Ambedkar: Any of them may step into his shoes. I do not understand it but my hon. friend Mr. Santhanam said that at the most there might be one. Well we will take the other contingency that there are two. Supposing if two are sitting, both of them are persona designata. Any one can go to A or to B and both of them can discharge the functions of a Returning Officer. Pandit Thakur Das Bhargava: The difficulty will arise about scrutiny of the nomination papers by each Assistant Returning Officer acting as Returning Officer. Dr. Ambedkar: I am sorry and I want to draw attention to the fact that rather inadvertently I accepted Mr. Naziruddin Ahmad’s amendment for substituting the word ‘functions’ for the word ‘function’ I think that is not correct. The original word is singular, that is, ‘function’ is the correct one and that is where the difficulty has arisen because he may be absent on the day of nomination. The Returning Officer may be present on the day of scrutiny and so the scrutiny will be done by him. Mr. Deputy Speaker: This can be corrected only in the third reading by amendment. Dr. Ambedkar: I want to draw attention to the fact that because an Assistant Returning Officer accepts the nomination papers he must also perform the function of scrutiny and he must also perform the function of counting. That is not so.