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Vol. 15 · pages 671–675

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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654 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES (ii) In sub-clause (1) of clause 125, omit the words “or on the day immediately preceding that date or the first of those dates”. Mr. Speaker: Then I shall put the clause to vote. Shri Kamath (Madhya Pradesh): May I ask the Hon. Minister for a clarification, whether the preceding day means the day up till midnight or the day up to sunset ? The Minister of State for Transport and Railways (Shri Santhanam): Anyhow the word is being deleted and the question does not arise. Shri Kamath: It does because meetings on the previous day will not be prohibited. Dr. Ambedkar : It is an academic question but if my hon. Friend presists I think that ‘midnight’ would be the proper word. The motion (of Dr. Ambedkar as mentioned above) was adopted. Mr. Speaker: The question is: “That clause 125, as amended, stand part of the Bill.” The motion was adopted. Clause 125, as amended, was added to the Bill. Clause 126. —(Disturbances at election meetings. ) Amendment made: In sub-clause (2) of clause 126, for the words “political meetings”, substitute the words “public meeting of a political character”. —[Dr. Ambedkar ] Mr. Speaker: The question is: “That clause 126, as amended, stand part of the Bill.” The motion was adopted. Clause 126, as amended, was adopted to the Bill. Clause 127 was added to the Bill. Clause 128—(Officers not to influence voting ) Amendment made: In sub-clause (1) of clause 128, for the words “shall act as an agent of a candidate in the conduct or the management of the election”,

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655PARLIAMENTARY DEBATES substitute the words “shall in the conduct or the management of the election do any act (other than the giving of vote) for the furtherance of the prospects of the election of a candidate”. [Dr. Ambedkar] Further amendment made: In sub-clause (3) of clause 128, for the words “three months”, substitute the words “six months”. —[Dr. Ambedkar] Mr. Speaker: The question is: “That clause 128, as amended, stand part of the Bill.” The motion was adopted. Clause 128, as amended, was added to the Bill. Clause 129. —(Prohibition of canvassing. ) Mr. Speaker: I take it that there are no amendments to this clause. Shri S. N. Das (Bihar): I have an amendment, No. 174 in consolidated List No. 2 and that amendment was accepted yesterday. Mr. Speaker: The question is: “That clause 129 as amended, stand part of the Bill.” The motion was adopted. Clause 129, as amended, was added to the Bill. Clause 130. —(Penalty for disorderly conduct. ) Amendment made: In sub-clause (1) of clause 130, for the words “during the hours fixed for the poll”, substitute the words “on the date or dates on which a poll is taken”. —[Dr. Ambedkar] Mr. Speaker: The question is: “That clause 130, as amended. stand part of Bill.” The motion was adopted. Clause 130, as amended, was added to the Bill. Dr. Ambedkar: I would at this stage request you to adjourn the House, because we have exhausted all the clauses which we had agreed upon.

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656 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Mr. Speaker: The House may adjourn now for the informal meeting which will take place, as I am told, in the council of State hall and immediately after we disperse from here. Shri Kamath: Have you. Sir, any objection to our meeting in this Chamber which is cooler? Mr. Speaker: The convention up to now has been that unless the Speaker, the Deputy Speaker or the Chairman is in the Chair, no meetings can take place in this House. Dr. Ambedkar: It is a good ground for not meeting here. The House then adjourned till half Past Eight of the Clock on Friday, the 25th May 1951. *REPRESENTATION OF THE PEOPLE (No. 2) BILL.— contd. Mr. Speaker: The House will now resume discussion on the Representation of the People (No. 2) Bill. Clauses upto 130 were disposed of yesterday when the House adjourned for an informal discussion of the amendments tabled on the remaining clauses with the Hon. the Minister of Law. The House will now take up clause No. 131. I should like to know how the position stands today. The Minister of Law (Dr. Ambedkar): We have finished the whole thing except one or two clauses, which I would request to be held over. Mr. Speaker: Then I shall follow the same procedure. I shall call the particular clause and any hon. Member who wishes to move an amendment will kindly invite my attention to it. Clause 131 was added to the Bill. Clause 132. —(Penalty of illegal hiring ) Shri Bhatt (Bombay): Further consideration of clause 132 may be postponed as it is related to clause 122. So long as clause 122 is not taken up this clause also may not be taken up. *P. D., Vol. 12, Part II, 25th May 1951, pp. 9308-20.

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657PARLIAMENTARY DEBATES Mr. Speaker: Has the Hon. Law Minister heard what the hon. member has stated ? He wishes that further consideration of clause 132 be postponed and be taken along with clause 122. Dr. Ambedkar: I agree that it may be held over. Clause 133 was added to the Bill. Clause 134 was also added to the Bill. Clause 135.—(Other offences ) Amendment made: After part (a) of sub-clause (1) of clause 135, insert the following: “(aa) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of a Returning Officer; or”. —[Dr. Ambedkar ] The motion was adopted. Clause 135, as amended, was added to the Bill. Clause 136. —(Special provisions for complaint ) Amendment made: For clause 136, substitute the following clause: “136. Prosecution regarding certain offences. —(1) If the Election Commission or a Regional Commissioner appoiinted under clause (4) of article 324 or the Chief Electoral Officer of the State has reason to believe that any offence punishable under section 128, or under section 133 or under clause (a) of sub-section (2) of section 135 has been committed in reference to any election within a State, it shall be the duty of the Election Commission, the Regional Commissioner or the Chief Electoral Officer, as the case may be, to cause such inquiries to be made and such prosecutions to be instituted as the circumstances of the case may appear to it or him to require. (2) No court shall take cognizance of any offence punishable under section 128 or under section 133 or under clause (a) of sub-section ( 2) of section 135 unless there is a complaint made by order of or under authority from the Election Commission or a Regional Commissioner appointed under clause (4) of article 324 or the Chief Electoral Officer of the State concerned.” —[Dr. Ambedkar ] Mr. Speaker: The question is: “That clause 136 as amended, stand part of the Bill.” The motion was adopted.

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658 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Clause 136 as amended was added to the Bill. Dr. Ambedkar: There are no amendments to clauses Nos. 137 to 143. Pandit Thakur Das Bhargava (Punjab): With regard to clause 139, unless clauses 122 to 124 are disposed of, it will be difficult to dispose it of. You have been pleased to hold over clauses 122 to 124 and clause 139 has relation to those clauses. Mr. Speaker: The hon. Member wants clause 139 to be held over? Pandit Thakur Das Bhargava : Yes, Sir. Mr. Speaker : I will put the motion in a different way then. Shri J. R. Kapoor (Uttar Pradesh): I suppose it will be open to move for an addition of a new clause i.e. clause 132A later on, because that will also depend upon some previous clauses. I would like to add a new clause. Mr. Speaker: In case it does not contravene the previous decision of the House, the hon. Member is entitled to move it. I will put the motion in a different form now. The motion was adopted. Clauses 137 and 138 were added to the Bill. Clauses 140 to 143 were added to the Bill. Clause 144.—(Disqualification for being an election agent) Dr. Ambedkar: I beg to move: In clause 144, omit the words “or a polling agent”. Shri Iyyunni (Travancore-Cochin) : I have also an amendment. Mr. Speaker: Has he anything to say on this amendment ? We will come to his amendment later. Dr. Ambedkar: It is his amendment which I am moving. Shri Iyyunni: My amendment is that in the marginal heading to clause 144, the words “or polling agent” be omitted and the clause 144 also the words “polling agent” be omitted.