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Vol. 15 · pages 666–670

As Free India's First Law Minister and Member of Opposition in Parliament, 1947–1956

This text was extracted automatically from the official PDF of Dr. Babasaheb Ambedkar: Writings and Speeches, so it may contain small errors. Always check the original page before quoting.

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649PARLIAMENTARY DEBATES Mr. Deputy Speaker : Now, the other amendment is that for the words “from either” the words “one from each” be substituted. Dr. Ambedkar: It is a very tightening situation. Mr. Deputy Speaker: I leave it to the Hon. Minister. Is it his desire that I should put it ? Dr. Ambedkar: Yes. Shri Karunakara Menon: May I point out that it takes away the possibility of the Tribunal consisting of all the three members being government servants ? Whether it is proper or not is a matter to be considered. Mr. Deputy Speaker: It is pointed out that it is advantageous to the lawyers also because there must be at least one lawyer and not all Government servants. Further amendment made: In part (b) of sub-clause (3) of clause 85, for the words “from either” substitute the words “one from each”. — [ Shri T. T. Krishnamachari ] Mr. Deputy Speaker: Now I shall put amendment No. 18 (consolidated List No. 2). It is a consequential amendment. The question is : In the second Proviso to sub-clause (3) of clause 85, for the word “member” substitute the word “members”. The motion was adopted. Mr. Deputy-Speaker: The question is : “That clause 85, as amended, stand part of the Bill.” The motion was adopted. Clause 85, as amended, was added to the Bill. Clause 86 to 93 were added to the Bill. Dr. Ambedkar: Sir, I was going to suggest that the House might adjourn now and allow me to sit with the Members who have tabled amendments, to consider the clauses from 94 and then we can meet tomorrow, so that we may not have

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650 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES again the difficulty of moving amendments which subsequently may be withdrawn or amendments which I have not yet had time to consider and come to any definite conclusion. I make this humble suggestion for your consideration and for the consideration of the House whether they would agree to it, so that we could meet right now for that purpose and also, if necessary, in the afternoon. Several Hon. Members: Yes, yes. Mr. Deputy Speaker: Very well. I think the suggestion is acceptable to the House, but I would like to make one suggestion before I adjourn the House. I find that though the conferece was very fruitful still a number of hon. Members did not avail themselves of it. I would urge upon hon. Members, all of them, to gather in the conference so that whatever they want to say here they may thrash out there and try to reach an agreement. If in spite of it there is a difference of opinion, they can always come to the House and take a vote. But many matters or matters in respect of which their may be misunderstanding may be thrashed out at the conference in an informal way and the misunderstanding removed. Dr. Ambedkar: Everyone is invited. Mr. Deputy Speaker: Though it is not a formal reference to a Committee of the whole House, it is as good as that. It is for hon. Members to sit there, voice forth their views and support or oppose amendments and come to conclusions. I hope that much of the discussion will be cut off tomorrow and that many of the clauses will be carried. Shri Kamath : Your suggestion will apply only in respect of matters where there is unanimity of opinion. If there is difference of opinion, they have to be a discussed here. Dr. Ambedkar: The majority decision must be accepted. Shri Kamath: Not at all. Mr. Deputy Speaker: Unanimity is always a percentage. As far as possible, doubts will be ironed out at the conference. The House now stands adjourned till 8-30 tomorrow.

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651PARLIAMENTARY DEBATES The House then adjourned till Half Past Eight of the Clock on Thursday, the 24th May, 1951. *REPRESENTATION OF THE PEOPLE (No. 2) BILL—contd. Mr. Speaker: The House will now proceed with the further discussion of the Representation of the People (No. 2) Bill. Clauses up to 93 were disposed of yesterday when the House adjourned for an informal discussion of the amendments tabled on the remaining clauses with the Hon. Minister of Law. The House will now take up clause 94. I should like to know what has been the result of the informal conference among Members. The Minister of Law (Dr. Ambedkar): Sir, we have gone quite a long way up to clause 135. But I would be still asking your permission and the permission of the House to adjourn at about 11, or half-past eleven, as it suits us, because I would like to have a meeting again to finish off the whole. The difficulty is that in the afternoon there is another meeting and it would not be possible for the Committee of the House to meet to discuss this matter. I hope you will grant me this indulgence. Mr. Speaker: I am prepared even to rise earlier, provided we could finish this off. Dr, Ambedkar: The trouble is this that every Member regards himself as a possible candidate when he is discussing this Bill and he sees all sorts of difficulties that may come in his way. An hon. Member: Including the Minister. Mr. Speaker: When he says every Member of course the Minister is included. I shall follow the procedure which we followed yesterday. I shall first ask as to whether any amendments are going to be moved and if so to what clauses. There are no amendments to clauses 94 to 97. 9-00 P.M. *P.D., Vol. 12, Part II, 23rd May 1951, pp. 9296-9305.

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652 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Clauses 94 to 97 were added to the Bill Clause 98. —(Other orders by the Tribunal. ) Shri J. R. Kapoor (Uttar Pradesh) : There are two amendments standing in the name of Pandit Thakur Das Bhargava. He being absent, if you will permit me. I will move them with some changes in the phraseology. Mr. Speaker: Are they accepted amendments ? Shri J. R. Kapoor: Yes, Sir. Mr. Speaker: The question is: “That clause 119, as amended, was added to the Bill. The motion was adopted. Clause 119, as amended, was added to the Bill. Clause 120.—(Payment of costs. ) Dr. Ambedkar: I have an amendment to clause 120. It merely divides the clause into two sub-clauses and the second sub-clause would begin from the words “If there is..........”, omitting the word “and” before them. The clause has been divided into two sub-clauses because it is a very big clause running into fifteen lines. Amendment made: For clause 120, substitute the following clause: “120. payment of cost out of security deposits and return of such deposits. —(1) If in any final order as to costs under the provisions of this Part there is a direction for payment of costs by any party to any person, such costs shall, if they have not been already paid, be paid in full, or so far as possible, out of the security deposit and the further security deposit, if any, made by such party under this Part, on an application made in writing in that behalf within a period of six months from the publication of such final order under section 105 to the Election Commission by the person in whose favour the costs have been awarded. (2) If there is any balance left of any of the said security deposits after payment under sub-section ( 1) of the costs referred to in that subsection, such balance, or where no costs have been awarded or no application as aforesaid has been made within the said period of six months, the whole of the said security deposits, may on an application made in that behalf in writing to the Election Commission by the person by whom the deposits have been made, or if such person dies after making

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653PARLIAMENTARY DEBATES such deposits, by the legal representatives of such person, be returned to the said person or to his legal representatives, as the case may be.” —[Dr. Ambedkar ] Mr. Speaker: The question is: “That clause 120, as amended, stand part of the Bill.” The motion was adopted Clause 120, as amended, was added to the Bill. Clause 121.—(Execution of orders as to costs. ) Dr. Ambedkar: I have to move a consequential amendment on account of the division of the original clause 120 into two sub-clauses. Amendment made: In the proviso to clause 121— (a) for the words and figures “under section 120” in the first place where they occur, substitute the words, brackets and figures “under sub-section (1) of section 120”; (b) for the words and figures “under section 120” in the second place where they occur, substitute the words “under that sub-section”; (c) for the words “in that section”, substitute the words “in that subsection”. —[Dr. Ambedkar ] Mr. Speaker: The question is: “That Clause 121, as amended, stand part of the Bill. The motion was adopted. Clause 121, as amended, was added to the Bill. Mr. Speaker: Then we come to the other amendments. Dr. Ambedkar: I suggest that clauses 122, 123 and 124 may be kindly held over. Mr. Speaker: Clauses 122, 123 and 124 are held over for the time being. Clause 125—(Prohibition of election meeting on the election day.) Dr. Ambedkar: I beg to move: (i) In sub-clause (1) of clause 125, for the words “political meeting” substitute the words “public meeting”.