Vol. 15 · pages 636–640

619PARLIAMENTARY DEBATES Clause 52. —(Procedure in elections ). Amendment made; In sub-clause (3) of clause 52, for the Words ... the members of the State Legislative Assembly or electoral college concerned” substitute the following: “the elected members or the members of the State Legislative Assembly or the memembers of the electoral college concerned”. —[Dr. Ambedkar] Further amendment made. In the Proviso to sub-clause (3) of clause 52, for the words “the members of the State Legislative Assembly or of the electoral college” occuring in lines 1 and 2, substitute the following: “the elected members or the members of the State Legislative Assembly or the memembers of the electoral college concerned”. —[Dr. Ambedkar] Mr. Chairman: The question is : “That clause 52, as amended stand part of the Bill.” The Motion was adopted. Clause 52, as amended was added to the Bill. Clause 53 was added to the Bill. Clause 54 was added to the Bill. * Clause 56. —(Adjournment of poll ) Pandit Munishwar Datt Upadhyay: I have an amendment. No. 389 in the Consolidated List to include the words “on other polls” after the words “such election” in sub-clause (2). I think these three words would be necessary because otherwise you do not define to what election it refers. Dr. Ambedkar: Election means election under the Act. Pandit Munishwar Datt Upadhyay: You mean election in respect of the same constituency. Then you have got to say “on other polls”. The sub-clause read : “and fix the polling station or place at which, and the hours during which, the poll will be taken, and shall not count the votes cast at such election until such adjourned poll shall have been completed”. “………….. That such election on other polls” makes the thing clear. Otherwise it is ambiguous. *P. D., Vol. 12, Part II, 21st May 1951, pp. 9198-99.

620 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Shri Santhanam: “Such election” covers it. Dr. Ambedkar: I do not think it is necessary. Mr. Chairman: The question is : “That clause 56 stand part of the Bill.” The motion was adopted. Clause 56 was added to the Bill. Clause 57.—(Fresh poll ) Shri Shiv Charan Lal: May I be permitted to move amendment No. 390 standing in your name, Sir? Mr. Chairman: It would be better to know the reaction of the Hon. Minister. Shri Shiv Charan Lal: It seeks to substitute the words “before the votes are counted” for the words “at any election” in sub-clause (1). Shri Santhanam: It may be at any stage. Dr. Ambedkar: I do not think it is necessary. Pandit Munishwar Datt Upadhyay: I have an amendment (301) that in sub-clause (1) after the words “presiding officer” the words “or any other person on their behalf” be inserted. It may be that the boxes are in transit, they might be placed somewhere else, they might be in the custody of someone else. And these things may not be covered, by the present working. I consider that the introduction of these words appears to be necessary. Shri T. T. Krishnamachari (Madras): The other words which follow are : “or is or are in any tampered with...”That covers that condition. It is unnecessary. Dr. Ambedkar: I do not think it is necessary. Mr. Chairman: The question is : “That clause 57 stand part of the Bill.” The motion was adopted. Clause 57 was added to the Bill. Clause 58 was added to the Bill.

621PARLIAMENTARY DEBATES *Shri Karunakara Menon: I emphasize the words : “to enable a person to vote in a particular manner”. Dr. Ambedkar: The clause as it is quite all right. Shri Shiv Charan Lal: If the Hon. Law Minister does not think that these words are necessary, then I do not press it. As for amendment No. 117, I find that clause 59(d) reads as follows : “the wife of any such person as is referred to in clauses (a), (b) and (c) to whom the provisions of sub-section (6) of the said section 20 apply” I do not know why we are giving this right to the wife. Dr. Ambedkar: Because she may be with him. Mr. Chairman : Supposing she is not with him, she is not given any right to vote in any other manner ? **Shri J. R. Kapoor: I beg to move: After part (e) of clause 59, add the following new part as part (f): “(f) any person subjected to preventive detention under any law for the time being in force.” This is one amendment. Another amendment, which I would like to move with your permission. Sir, is No. 396 in the printed list, which has the privilege of standing in your name. I beg to move: After part (e) of clause 59, add the following new parts: “(f) the candidates, their election agents and polling agents ; (g) the President, the Governors and the Rajpramukh of the States.” Dr. Ambedkar: Why does he want specifically reference to them ? They are voters. Shri J. R. Kapoor: So far as amendment No. 396 is concerned, there are two parts which are intended to be inserted, parts (f) and (g). You may take them separately, because it is just possible that while the insertion of part (f) may be agreed to, perhaps part (g) may not be agreed to for reasons best known to the Hon. Law Minister. *P.D., Vol. 12, Part II, 21st May 1951, p. 9202. **Ibid, p. 9204.

622 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES *Mr. Chairman : Amendments moved : (i) After part (e) of clause 59, add the following new part as part (f): “(f) any person subjected to preventive detention under any law for the time being in force.” (ii) After part (e) of clause 59, add the following new parts: “(f) the candidates, their election agent and polling agents ; (g) the President, the Governors and the Rajpramukh of the States.” Shri Sonavane (Bombay): I rise to support part (f) of the amendment standing in the name of Pandit Thakur Das Bhargava. I also support the addition of the new part (f). It is necessary to allow a candidate to vote through the post because he may be in a place which is not a constituency in which he is registered as the candidate. It may not be possible for him to go to that particular constituency and so he should be allowed to vote through the post. Similar circumstances may arise in the case of the election agents and polling agents also and so they also must be allowed this facility. When they have to work as election or polling agents, they may have to go to different places and they may not be able to be present in the constituency in which their names occur in the electoral rolls. So it is but proper that this facility should be extended to them also. Dr. Ambedkar : Sir, Mr. Kapoor has placed before us three propositions, namely, that the facilities for voting by post may be extending to persons under detention, and to candidates, their election agents and polling agents and thirdly, to the President, the Governors and the Rajpramukhs of the States. I should like to say at the very outset that postal ballot is a very dangerous thing—one of the most dangerous thing that I have come across. I have noticed candidates appointing persons to go to various individuals who become entitled to voting by post, collect their ballot papers, get their signatures, and just post it themselves and thus a vast amount of illogical pressure—something like requisitioning—is brought about. I therefore think that this system ought to be confined to the shortest extent possible. *P.D., Vol. 12, Part II, 21st May 1951, pp. 9207-09.

623PARLIAMENTARY DEBATES Shri J. R. Kapoor: Then do not extend it to the wives of voters who live far away. Dr. Ambedkar: They are only (a), (b) or (c). As regards the candidates, election agents and polling agents, I do not see why the rule of postal ballot should be applied to them. I can quite understand that the candidate may not be present in the constituency in which his name is enrolled, because we have given the facility that a candidate can stand anywhere he likes. It is also possible that the various persons whom he engages such as the election agents, polling agents and so on, may not be able to work in the constituencies in which their names are enrolled. In such cases it is perhaps desirable to make it possible for them to vote in a constituency where they are working although that is not their constituency by registration. But that is a matter which must be considered separately and not under the postal ballot section. With regard to Rajpramukhs, Governors and the President, I do not see what valid ground there is for permitting them to cast their vote by postal ballot, except the fact that they are certain dignitaries of the State. But I do not think that the law in the matter of election should recognise any such distinction at all. An Hon. Member : They may be living far away from their constituency. Dr. Ambedkar: I do not think so. They can arrange their tours in such a way as to be in their headquarters at the proper time. That is not a very difficult thing. Shri Sidhva: They have all the facilities for that. Dr. Ambedkar: With regard to persons under detention, I think the general rule of law is this. First of all, whoever is under detention is not in a position to exercise the rights that are given to him. That is the rule under the English Law. The English Law makes no provision for what might be called “convicts” to vote, by reason of the fact that they have placed themselves, so to say, beyond the pale of the electoral law.