Vol. 15 · pages 711–715

694 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Dr. Deshmukh: On a point of order, may I know what will happen now because you hurriedly put my amendment to vote and it was rejected by the House. Now that better sense is dawning on the House and everybody. I am grateful for the speech of my hon. Friend .............. Mr. Speaker: The hon. Member is spoiling his own case by saying that better sense is prevailing in the House. That is not the way of compromise, of a peaceful settlement of affairs. *Clause 123. —(Minor Corrupt Practices ) Amendment made: For sub-clause (5) of clause 123, substitute the following: “(5) The systematic appeal to vote or refrain from voting on grounds of caste, race, community or religion or the use of, or appeal to, religious and national symbols, such as, the national flag and the national emblem, for furtherance of the prospects of a candidate’s election.” Mr. Speaker: There is no other amendment, I think. Shri Kamath: I have two amendments. Nos. 5 and 6 in Supplementary List No. 4 to Consolidated List No. 2. I am moving No. 5 only. The motion was adopted. I wish the draftsman would pay some attention to this to see whether it could not be modified so as to bring into within its purview, any person besides a candidate or his agent. Dr. Ambedkar: I shall look that matter up. Shri Kamath: If the draftsman will look into it, I would not press it. Mr. Speaker: He may look into it. The motion was adopted. Clause 123.—As amended was added to the Bill. *Clause 124.—(Illegal practices) *P. D., Vol. 12, Part II, 28th May 1951, p. 9598 *P. D., Vol. 12, Part II, 28th May 1951, pp. 9599-9606.

695PARLIAMENTARY DEBATES Dr. Ambedkar: I beg to move : To sub-clause (1) of clause 124, add the following: “Explanation.—Any such expenses as aforesaid incurred or authorised by any institution or organisation for the furtherance of the prospects of the election of a candidate supported by such institution or organisation shall not be deemed to be expenses incurred or authorised within the meaning of this clause.” Mr. Speaker: Amendment moved. Shri Kamath: I beg to move: In part (2) of clause 124, omit the words “of any building”. I raised this point to the Select Comittee, but it was not considered at any length and not much attention was paid to it. I would state my difficulty precisely and briefly. I know of some buildings in Madhya Pradesh where the lower floor is converted into a wine or liquor shop and the upper floor has been leased out to certain persons or to students or to other people for different purposes. Can a meeting be held on the top floor of the building ? Dr. Ambedkar: There is no such fear at all. Shri Kamath: But it is open to doubt and I would like the Hon. Minister to omit the words “of any building” and thus avoid difficulties which it may be difficult to solve. The wording may be reconsidered so that the matter may be placed beyond the shadow of a doubt. Mr. Speaker: Amendment moved : In part (2) of clause 124, omit the words “of any building”. Pandit Kunzru wanted to sav something ? Pandit Kunzru: I was going to submit that the amendment proposed by Dr. Ambedkar is a very serious character and we ought to be given, in fairness time to consider it fully and to propose amendments to it. A mere perusal of the amendment shows that it will have a vital effect on many provisions of the Bill, and will seriously alter the balance between candidates of different parties. I suggest, therefore that we should be given time to consider this amendment. This is the only clause after all, that has not been passed and nothing will be lost and everything will be gained. I think,

696 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES if we are given more time to consider it and propose amendments to this provision. Dr. Ambedkar: The position is quite clear. There is nothing which need give rise to any doubt. As a matter of fact, some people had doubts as to what kinds of expenditure may be included in the election expenses and it is this sort of provision that I was able to think of in order to remove their doubts. If my friend has any other suggestion to make, I would like to hear. Mr. Speaker: What about Shri Kamath’s amendment ? Dr. Ambedkar: About the words “of any building” there need be no doubt. The words need not be omitted. There is no doubt about the matter at all. Shri Kamath: This point was not discussed fully and it was added only at the last moment. Shri R. K. Chaudhuri: Sir, I have to move my amendment No. 153 for dropping sub-clause (3) of clause 124. Mr. Speaker: He may move it. Shri Santhanam: It may be put separately. Part 3 may be put separately instead of moving it and making a speech. Dr. Ambedkar: My amendment may be put. Mr. Speaker: At the time of voting I shall see to it. Shri R. K. Chaudhuri: I beg to move: “Omit part 3 of clause 124.” My object in doing so is that issuing of any circular, placard or poster having a reference to election which does not bear on it the names and address of the publisher and printer is an illegal practice. Mr. Speaker: If I mistake not, such provisions do occur in the election rules even to-day. Dr. Ambedkar: Yes, there is nothing new. Shri R. K. Chaudhuri: This entails a very serious consequences. If it will not do any harm to anybody, it should

697PARLIAMENTARY DEBATES not be an illegal practice. There is sufficient punishment awarded there but why should an innocent candidate be penalized, if some persons without his knowledge publish a circular saying ‘vote for so and so’ on the day of election and that would entail in the election being invalidated and his being punished with disqualification. Pandit Thakur Das Bhargava: I wish to say that I do not think that we are in a position to delete this clause but all the same there is great force in the argument advanced by my friend Mr. R. K. Chaudhuri that if a person does this sort of thing, it should not affect the candidate unless the candidate has knowledge of it or he is conniving at it. It would be better to make it illegal under section 124. In regard to section 99, this should not have any effect on the candidate. This was the general view in the meeting wherein this question was considered. I would therefore request that section 99 should be open for consideration later. Dr. Ambedkar: That may be considered. Mr. Speaker: That means this clause may be put as it is. Pandit Kunzru: I strongly appose the amendment put forward by Dr. Ambedkar. You will see from the amendment that proposes is not that a party would carry on general propaganda in favour of its candidate. But that a party should be free to do what it can in support of particular candidates. That a party should in a general way, support its own candidates is recognised everywhere but that it should support particular candidates and that the expenditure incurred by it not on carrying on general election propaganda but in support of a particular candidate should not be shown in the return of the election expenses of that candidate raises a very important issue. In England too the rights of the various parties to incur expenses in connection with their propaganda is recognised. But the expenditure incurred in support of any particular candidate is according to the exposition of Dr. Ambedkar, to be shown in the return of the election expenses of that candidate. Is there any reason why we should follow a separate practice 9-00 P.M.

698 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES here ? It is obvious that it will give rise to graft and that it affects vitally many provisions of this Bill. That is why I ask, Sir, that the debate on this clause should be postponed so that we should be given more time to examine it and to put forward any amendments that we might think would secure the desired result without leading to a highly undesirable situation. Mr. Speaker: Does the Hon. Minister want to say anything ? Dr. Ambedkar: I have nothing to add to what I have said. Mr. Speaker: Then I will put the amendments to vote. I will first put Mr. Kamath’s amendment. The question is: In part (2) of clause 124, omit the words “of any building”. The motion was negatived. Mr. Speaker: Then there is an amendment of Mr. R. K. Chaudhuri for deletion of paragraph 3. Shri R. K. Chaudhuri: I think that is accepted ? Dr. Ambedkar: No, no. I do not accept it. Shri R. K. Chaudhuri: Then I want leave of the House to withdraw it. Mr. Speaker: I have not placed it before the House, so it falls through. Then I have to put to vote Dr. Ambedkar’s amendment. The question is : (as shown on page 618-19). To sub-clause (1) of clause 124, add the following: “Explanation.—Any such expenses as aforesaid incurred or authorised by any institution or organisation for the furtherance of the prospects of the election of a candidate supported by such institution or organisation shall not be deemed to be expenses incurrd or authorised within the meaning of this clause. The motion was adopted. Mr. Speaker: The question is: “That clause 124, as amended, stand part of the Bill.” The motion was adopted. Clause 124, as amended, was added to the Bill.