Vol. 15 · pages 686–690

669PARLIAMENTARY DEBATES Mr. Deputy Speaker: The question is : “That Clause 51, as amended, stand part of the Bill”. The motion was adopted. Clause 51, as amended was added to the Bill. Clause 59. —(Voting by certain classes of persons ) Prof. S. L. Saksena (Uttar Pradesh): Sir, I have given an amendment to this clause. Mr. Deputy Speaker: What is the number and on which list? Prof. S. L. Saksena: I am unable to find it; it is not in the printed list. Shri Shiv Charan Lal (Uttar Pradesh): It is amendment No. 233 in the Revised Consolidated No. I. p. 24. Sir, Dr. Ambedkar promised to make provision for the candidate and his agents, if they are working in another constituency. That has not been included in his amendment. Pandit Thakur Das Bhargava (Punjab): He said that rules will be made by which candidates and their agents will be afforded an opportunity of voting by some other method. Dr. Ambedkar: There is an amendment to clause 167 which deals with this matter. My friend might move his amendment when we discuss clause 167. We can consider then whether we could not add the words “a candidate”. Mr. Deputy Speaker: I shall permit this amendment as an amendment to clause 167. Shri Hussain Imam: In the amendment of Dr. Ambedkar no provision has been made for transferred officers. An officer transferred from Delhi to Madras, for instance has a right to demand a postal ballot. A clause should be provided here whereby government servants can on transfer demand postal ballot. Dr. Ambedkar: That matter may also be considered when we deal with clause 167. Mr. Deputy Speaker: The returning officer may get the ballot papers transferred through post.

670 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Dr. Ambedkar: That is a matter which can be regulated by rules when we come to clause 167. Amendment made: For clause 59 substitute the following clause: “59. Special procedure for voting by certain classes of persons. — Without prejudice to the generality of the provisions contained in section 58, provision may be made by rules made under this Act for enabling— (a) any of the following persons to give his vote by postal ballot, and not in any other manner, at an election in a constituency where poll is taken, namely:— (i) a member of the Armed Forces of the Union to whom the provisions of sub-section (3 ) of section 20 of the Representation of the People Act, 1950 (XLIII of 1950), apply; (ii) a person holding any office in India declared by the President to be an office to which the provisions of sub-section (4) of that section apply; (iii) a person who is employed under the Government of India in a post outside India and; (iv) the wife of any such person as is referred to in subclauses (i), (ii) and {iii) to whom the provisions of sub-section (6) of the said section 20 apply; (b) any person subjected to preventive detention under any law for the time being in force to give his vote by postal ballot and not in any other manner, at an election in a constituency where poll is taken subject to the fulfilment of such requirements as may be specified in those rules.” —[Dr. Ambedkar] Mr. Deputy Speaker: The question is “That clause 59, as amended, stand part of the Bill.” The motion was adopted. Clause 59, as amended was added to the Bill. Pandit Thakur Das Bhargava: There is an amendment to clause 34A regarding the finality of nomination papers. What is happening to that? Mr. Deputy Speaker: It has not been taken up. I will first dispose of the Government amendments and will come back to the other amendments of private members. What about the amendment to clause 122 in list 7 to consolidated list No. II ?

671PARLIAMENTARY DEBATES Dr. Ambedkar : I am not ready with that for the moment. Clause 7.—(Disqualification for membership ) Shri Syamnandan Sahaya (Bihar): We have given amendments to the amendments of Dr. Ambedkar. It is better that we take up the clause tomorrow. We have not had any time. Mr. Deputy Speaker: They can be taken up today. All notice will be waived. Dr. Ambedkar: Sir, I move 7A, with this modification namely, that in sub-clause (f) for the words “as such member” the words “a Member of Parliament or the Legislature of a State as the case may be” have been substituted. I beg to move: For clause 7, substitute the following clauses; 7. Disqualifications for membership of Parliament or of a State Legislature. —A person shall be disqualified for being chosen as and being a member of. either House of Parliament or of the Legislative Assembly or Legislative Council of a State— (a) if, whether before or after the commencement of the Constitution, he has been convicted, or has in proceedings for questioning the validity or regularity of an election been found to have been guilty of any offence or corrupt or illegal practice which has been declared by section 138 or section 139 to be an offence or practice entailing disqulification for membership of Parliament and of the Legislature of every State, unless such period has elapsed as has been provided in that behalf in the said section 138 or section 139, as the case may be ; (b) if, whether before or after the commencement of the Constitution, he has been convicted by a court in India of any offence and sentenced to transportation or to imprisonment for not less than two years unless a period of five years or such less period as the Election Commission may allow in any particular case has elapsed since his release; (c) if having been nominated as a candidate for Parliament or the Legislature of any State or having acted as an election agent of any person so nominated he has failed to lodge return of election expenses within the time and in the manner required by or under this Act, unless five years have elapsed from the date by which the return ought to have been lodged or the Election Commission has removed the disqualification; (d) if, whether by himself or by any other person in trust for him or for his benefit or on his account he has any share or interest in a contract for the supply of goods to or for the execution of any services undertaken by the appropriate Government.

672 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES (e) if, he is a director or managing agent of or holds any office of profit under any corporation in which the appropriate Government has any share or financial interest; (f) if, having held any office under the Government of India or the Government of any State or under the Crown in India or under the Government of an Indian State he has whether before or after the commencement of the Constitution been dismissed for corruption or disloyalty to the State unless a period of five years has elapsed since his dismissal. 7A. Savings.—(1) Notwithstanding anything in section 7— (a) a disqualification under clause (a) or clause (b) of that section shall not, in the case of a person who becomes so disqualified by virtue of a conviction or a conviction and a sentence and is at the date of the disqualification a member of Parliament or of the Legislature of a State, take effect until three months have elapsed from the date of such disqualification, or if within these three months an appeal or petition for revision is brought in respect of the conviction or the sentence until that appeal or petition is disposed of; (b) a disqualification under clause (c) of that section shall not take effect until the expiration of two months from the date by which the return of election expenses ought to have been lodged or of such longer period as the Election Commission may in any particular case allow ; (c) a disqualification under clause (d) of that section shall not where the share or interest in the contract devolves on a person by inheritance or succession or as a legatee executor or administrator take effect until the expiration of six months after it has so devolved on him or of such longer period as the Election Commission may in any particular case allow; (d) a person shall not be disqualified under clause (d) of that section by reason of his having a share or interest in a contract entered into between a public company of which he is a shareholder but not a director holding an office of profit under the company or a managing agent and the appropriate Government. (e) a person shall not be disqualified under clause (e) of that section by reason of his being a director is declared by Parliament by law to so disqualify its holder; (f) a disqualification under clause (e) of that section shall not, in the case of a director, take effect where the law making any such declaration as is referred to in clause (e) of this section in respect of the office of such director has come into force after the director has been chosen a member of Parliament or of the Legislature of a State, as the case may be, until the expiration of six months after the date on which such law comes into force or of such longer period as the Election Commission may in any particular case allow;

673PARLIAMENTARY DEBATES (g) a disqualification under clause (f) of that section may, in the case of any of the candidates for the first elections under this Act, be removed by the Election Commission for reasons to be recorded by it in writing. 7b. Interpretation, etc.—(1) In this chapter— (a) “appropriate Government” means in relation to any disqualification for being chosen as or for being a member of either House of Parliament, the Government of India, and in relation to any disqualification for being chosen as or for being a member of the Legislative Assembly or Legislative Council of a State, the Government of that State; (b) “public company” means a public company as defined in section 2 of the Indian Companies Act, 1913 (VII of 1913). (2) For the avoidance of doubt it is hereby declared that where any such contract as is referred to in clause (d) of section 7 has been entered into by or on behalf of a Hindu undivided family and the appropriate government, every member of that family shall become subject to the disqualification mentioned in the said clause (d); but where the contract has been entered into by a member of a Hindu undivided family carrying on a separate business in course of such business, any other member of the said family having no share or interest in that business shall not become subject to such disqualification.” (3) If any question is raised as to whether a person who, having held any office referred to in clause (f) of section 7, has been dismissed is disqualified under that clause for being chosen as a member of either House of Parliament or of the Legislative Assembly or Legislative Council of a State, the production of a certificate issued in the prescribed manner by the Election Commission to the effect that such person has not been dismissed for corruption or disloyalty to the State shall be conclusive proof that he is not disqualified under that clause.” Mr. Deputy Speaker: Amendments moved. 12-00 N OON. Mr. Deputy Speaker: Are there any amendments ? Prof. K. T. Shah: I have an amendment in consolidated list No.1 .......... Mr. Deputy Speaker: But it seems to be an amendment to old clause 7 ?