Vol. 15 · pages 611–615

594 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Dr. Ambedkar : It is better to be redundant than to be ambiguous. Pandit Munishwar Datt Upadhyay : I do not think there would be any ambiguity. Mr. Chairman : The Hon. Minister does not accept it. *Pandit Munishwar Datt Upadhyay : Before the existing proviso to sub-clause (2) of clause 31, insert the following new proviso : “Provided that any person whose name is registered in the electoral roll of the Constituency can subscribe as proposer or seconder on more than one nomination paper for the same candidate.” That point has not been provided for. It may be that he has signed one nomination paper. There may be some doubt about the entries. The same person as proposer can file more than one nomination paper in respect of the same candidate. I think that that should be allowed, and has been allowed in all the Election laws wherever they have been made. I think the Hon. Minister will have no objection to accept this. Dr. Ambedkar : I cannot accept that. Mr. Chairman : I am not going to put it to the House. Shri A. C. Guha (West Bengal) : I want a clarification on this point. Mr. Chairman : The point has been disposed of. The amendment has not been moved. Shri A. C. Guha : I want a clarification whether it is the intention of the Government that a person cannot sign more than one nomination paper for the same candidate. Mr. Chairman : The amendment has not been moved and it is not put to the House. *P. D., Vol. 12, Part II, 19th May 1951, pp. 2128-29

595PARLIAMENTARY DEBATES Shri Sonavane (Bombay) : I want some explanation as regards the first proviso to sub-clause (3) of clause 31, which says : “...unless his nomination paper is accompanied by a declaration verified in the prescribed manner that the candidate is a member of the Scheduled Castes or of the Scheduled Tribes for which...” Dr. Ambedkar : That was discussed. Shri Sonavane : I want some explanation. As regards the nomination of a Scheduled Caste candidate. I would like to know what would be the procedure of this verification in the case of a reserved seat. It is stated here, “declaration verified in the prescribed manner”. The procedure may be laid down by the rules. As far as I know, the rules will not come before the House in spite of the wish expressed by me. Therefore, we would like to know what would be the procedure for the verification. Otherwise it would be very difficult for us. Suppose, we were asked to go before a magistrate, and sign an affidavit it will take a long time. If it is a simple procedure, say, obtaining a certificate from Dr. Ambedkar, who is a leading Member of the Scheduled Castes, that should be a sufficient and acceptable, that should be a sufficient verification. We should not be asked to go to a tout, wait there, and do all sorts of things. Suppose there is a local J.P. and if he gives a certificate to the effect that a person belongs to the Scheduled Castes, such a certificate may be accepted. At the eleventh hour, a person may choose to send his nomination and contest the elections. If he has to go through all this procedure, it would be very hard for him. Therefore in the interest of the simplification of the procedure. I would request the Hon. Law Minister to see that such an ordinary procedure is followed. If a respectable person of the locality or a Justice of the Peace gives a certificate that should be accepted. Shri Ramaswamy Naidu (Madras) : In the second proviso to sub-clause (3) of clause 31, the last portion reads as follows : “.......... unless the nomination paper is accompanied by a declaration verified in the prescribed manner that the candidate is a member of any of the Scheduled Tribes of that district..........”

596 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES I wish to know whether the wording “of that district ” does not imply that he must be a resident of that district. Dr. Ambedkar : Yes. that is so. Shri Ramaswamy Naidu : I want to know whether any resident of another district, even though he belongs to one of the Scheduled Tribes of that district would be excluded from seeking election in that constituency. Dr. Ambedkar : Not at all; that is provided. *Ch. Ranbir Singh : (English translation of the Hindi Speech) Sir, I have a doubt regarding it and I want to get it clarified. There is a provision in it : “Provided also that where any person having held any office referred to in clause (f) of sub-section (1) of section 7 has been dismissed and the period of five years........” I think the soldiers and officers of the Azad Hind Fauj are not affected by it, I want to know this thing. Whether this provision debars them as well ? And if this provision debars them then there should be some provision so that they may also acquire the right of participating in the elections. Dr. Ambedkar : I did not quite follow what the last speaker said. I would like to make some observations with regard to the point raised in relation to the proviso to sub-clause (3) relating to the procedure that might be adopted for ascertaining whether a particular candidate was Scheduled Caste candidate. The hon. Member who referred to this point, has had, of course, no experience as to how many people have been trying to pass themselves on as members of the Scheduled Castes in order to obtain some of the advantages that have been prescribed for them under the law. Shri Syamnandan Sahaya : Larger numbers are likely to come in. Dr. Ambedkar : And larger numbers are likely to come in. I, as a Member of the Government have had some experience about this, as to how for instance. Hindus also *P. D., Vol. 12, Part II, 19th May 1951, pp. 9130-31.

597PARLIAMENTARY DEBATES would grow a beard for six months, present themselves as Sikhs and obtain a job reserved for the Sikhs, and subsequently shave themselves clean up and return to the Hindu fold. Consequently, a rule has been made by the Government of India that any person for whom any reservation has been made, shall produce a certificate from certain recognised authorities that he belongs to that particular class. Such a provision, undoubtedly and beyond question, would be in the interests of the Scheduled Castes themselves. I think I cannot say what exactly is the procedure that the Commissioner would think of himself in order to ensure that nobody other than the Scheduled Castes stands for these reserved seats. I should have thought that there could be no harm if a provision was made that every person who wants to put in his nomination paper for a reserved seat should obtain a certificate from a magistrate on the basis of an affidavit signed in his presence that to their knowledge this man belongs to the Scheduled Castes. It might be a laborious or troublesome process ; but I think it would be better to have it rather than leave loop-holes for any other person to come in a fight for the seat. Mr. Chairman : The question is : “That clause 31, as amended, stand part of the Bill”. The motion was adopted. Clause 31, as amended, was added to the Bill. Mr. Chairman : Does the hon. Member wish that I should put his amendment to the House ? Ch. Ranbir Singh : I want to know the reaction of the Hon. Minister. Dr. Ambedkar : I do not accept it. Ch. Ranbir Singh : Then I would like to have the leave to withdraw it. The amendment was by leave withdrawn.

598 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Clause 32, as amended, was added to the Bill. Clause 33 was added to the Bill. Clause 34—(Scrutiny of nominations ) * Shri Syamnandan Sahaya : I have an amendment to this clause. It is No. 22 of Supplementary List No. 3. I beg to move : In sub-clause (2) of clause 34, for the word “refuse”, substitute the word “reject”. Mr. Chairman : Amendment moved. Dr. Ambedkar : I have no idea. It is a draftsman’s point. My hon. friend will see that the draftsman seems to be using ‘refusal’ in respect of nomination and ‘rejection’ in respect of nomination paper. He is making a distinction and I think that a distinction is consistent made by him throughout the clauses. I therefore think it is better to retain that now. Mr. Chairman : Does the hon. Member want me to put his amendment to vote ? Shri Syamnandan Sahaya : There may be others who may want to speak. I beg for leave to withdraw the amendment. The amendment was, by leave withdrawn. **Pandit Kunzru (Uttar Pradesh) : I beg to move : To sub-clause (5) of clause 34, add the following Proviso : “Provided that in case an objection is made the candidate concerned may be allowed to rebut it not later than the next day but one following the date fixed for scrutiny and the Returning Officer must record his decision on the date to which the proceedings have been adjourned.” Shri Sonavane : On a point of order. The hon. Member has given no notice to the Members of this House and it was held by the Speaker previously and that no surprise should *P. D., Vol. 12, Part II, 19th May 1951, pp. 9156-57. ** Ibid., pp. 9158-59.