Vol. 15 · pages 621–625

604 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Shri Shiv Charan Lal: I have an amendment—No. 99 of Supplementary List No. 1. Dr. Ambedkar: I am not accepting it. Shri Shiv Charan Lal: That is about the appeal—that the appeal should be finally decided about the nomination paper and it should not be a subject of an election petition later on. Dr. Ambedkar: That matter is still under consideration. We will come back to it. Mr. Chairman: The question is: “That clause 34, as amended, stand part of the Bill”. The motion was adopted. Clause 34, as amended, was added to Bill. The House then adjourned till Half Past Eight of the Clock on Monday, the 21st May, 1951. Clause 35 * Mr. Speaker : Amendment moved : In sub-clause (1) of clause 35, for the words, brackets, letter and figures “and delivered to the Returning Officer either by such candidate in person or by his proposer or seconder before three o’clock in the afternoon on the day fixed under clause (c) of section 28”substitute the following: “and delivered before three o’clock in the afternoon on the day fixed under clause (c) of section 28 to the Returning Officer either by such candidate in person or by his proposer, seconder or election agent who has been authorised in this behalf in writing by such candidate”. Shri Shiv Charan Lal (Uttar Pradesh): I would suggest the addition of the word “duly” before the word “authorised” in the amendment so that the meaning may be more clear. Dr. Ambedkar: I have no objection. Mr. Speaker: The Chair will have no objection to add anything. But here it is expressly stated “authorised in this behalf in writing”. By the addition of the word “duly” it might create doubts that something else is required. *P. D., Vol. 12, Part II, 21st May 1951, pp. 9174-78.

605PARLIAMENTARY DEBATES Dr. Ambedkar: I agree. Let us not be over-precise. Mr. Speaker: So I put the amendment as it is. The motion was adopted. Pandit Thakur Das Bhargava: There is one amendment in the name of Mr. Jaspat Roy Kapoor—No. 102 in Supplementary List No. 1. Mr. Speaker: But is he here ? Pandit Thakur Das Bhargava: No. But if you permit me I would like to move it. Mr. Speaker: Is it an agreed amendment? Dr. Ambedkar: Yes. It is to drop those words “or to be renominated as a candidate for the same election in the same constituency”. Mr. Speaker: I will allow it. Further Amendment made: In sub-clause (2) of clause 35, omit all the words occurring after the words “to cancel the notice” to the end. —[ Pandit Thakur Das Bhargava ] Mr. Speaker: The question is : “That clause 35, as amended stand part of the Bill.” The motion was adopted. Clause 35, as amended, was added to the Bill. Clause 36 was added to the Bill. Clause 37. —(Nomination at other elections ) Dr. Ambedkar: I have four amendments—Nos. 26, 27, 30 and 31 in Supplementary List No. 3. The Minister of State for Transport and Railways (Shri Santhanam): In the last portion of clause 37(1) the wording is “qualified to be chosen to fill that seat under the Constitution and this Act”. I would like to suggest that the words “under the constitution” may be omitted, they seem to be wholly unnecessary because no parliamentary enactment can override the provisions of the Constitution.

606 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Mr. Speaker: I think it should be left to the examination of the draftsman. The implications are not yet clear to me. Dr. Ambedkar : This is a matter more or less for the draftsman and the Draftsman thinks that for the sake of clarity, certain words should be introduced. I think his wishes should be respected. Shri Santhanam: I merely pointed it out. Mr. Speaker: The Chair will have the authority of amending this, as advised by the Draftsman. We shall proceed to the other amendments. Amendment made: In sub-clause (1) of clause 37, for the words “the members” occurring in line 3, substitute the words “the elected members”. —[Dr. Ambedkar] Further Amendment made: In sub-clause (2) of clause 37, for the words “the members of the Legislative Assembly” occurring in lines 1 and 2, substitute the words “the elected members or the members of the Legislative Assembly”. —[Dr. Ambedkar] Further amendment made: For the first Proviso to sub-clause (4) of clause 37, substitute the following: “Provided that any person who is entitled to vote at any such election as is referred to in sub-section (1) shall be qualified to subscribe as proposer or seconder as many nomination papers at the election as there are vacancies to be filled but no more.” —[Dr. Ambedkar] Further amendment made: In part (a) of the second Proviso to sub-clause (4) of clause 37, for the words “by the members of the Legislative Assembly of a State, as references to the list of members of that Assembly” substitute the following: “by the elected members or by the members of the Legislative Assembly of a State as reference to the list of elected members or to the list of members, as the case may be, of that Assembly”. —[Dr. Ambedkar]

607PARLIAMENTARY DEBATES Shri Ghule (Madhya Bharat): I have amendment No. 28 standing in my name. I do not want to move but I want to speak on it. According to the present clause, a candidate should file his nomination within five days of the notification issued by the Provincial Government. I think that the period of 5 days is insufficient for a man who is living in the remotest corner of the Province to receive the gazette in which a notification is issued and send in his nomination to a place where the election would take place. As provided for the elections to the Lower House of parliament in clause 31, the same provision should be made in this clause also i.e., that the nomination would not be required to be filed before the 8th day. Mr. Speaker: The phraseology is “not earlier than the fifth day”. Shri Ghule : It may be issued on the 5th day and this period is insufficient and in the present state of communications in India, a man may require 3 days at least to get information about the notification and three days at least would be required to send the letter of nomination……… From this point of view I think that the period of 5 days, the minimum period referred to in this clause is insufficient and I suggest 8 days instead. Dr. Ambedkar : No. I do not think there is such a necessity for this amendment. Mr. Speaker: The question is: “that clause 37, as amended, stand part of the Bill.” The motion was adopted. Clause 37, as amended was added to the Bill. Clause 38 to 43 were added to the Bill. Clause 44.—(Polling Agents ) Amendment made: In clause 44, before the word “may” occurring for the Second time in line 4 insert the words “or his election agent”. —[Pandit Thakur Das Bhargava ]

608 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Pandit Thakur Das Bhargava: With regard to the other amendment No. 380. I would request you kindly to suspend it for the time being. After you dispose of clause 45, this amendment will be relevant. Mr. Speaker: It means that we leave this clause alone and dispose it of after disposing of clause 45. Dr. Ambedkar: This may be disposed of because that deals with the question of time. Mr. Speaker: Then, I take up clause 45 at this stage. Shri Iyyunni (Travancore-Cochin): I have an amendment to clause 44. Mr. Speaker: I will take up clause 45 first and then come to clause 44. Clause 45. —(Disqualification for being a polling agent ). Pandit Manishwar Datt Upadhyay (Uttar Pradesh): I have an amendment No. 381. Mr Speaker: It is a negative amendment, he may appose the clause when the clause is put. *Pandit Thakur Das Bhargava: We have only lists 1 to 6. Mr. Speaker: Lists 1 to 7 have been consolidated. Supplementary List No. 1 contains the remark “Incorporating List Nos. 7”. this is No. 112 on page 18. Shri Iyyunni: What I submit is that in the case of a polling agent, he has very little work to do ? He has to come there early in the morning and stay there till six or seven o’clock in the evening and watch the proceedings. If there is any case of false personation etc., he has to examine whether the persons actually coming are the persons entitled to vote. That is his work. There is no need to ask him to satisfy all the conditions that are required of a candidate, who, if he succeeds, would go either to the Assembly or the Parliament as the case may be. I submit that it is enough if he is a voter. That would meet the requirements of the case. I therefore submit that my amendment may be accepted by the Hon. Law Minister. 10-00 A M *P.D., Vol. 12, Part II, 21st May 1951, p. 9179.