Vol. 15 · pages 821–825
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.
PDF page 821 (printed page 802)
802 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
I agree with my friend that it was not the intention of the
Constituent Assembly to permit nominated members to take
part in the election, as this matter was not brought to the
attention of the Constituent Assembly, it is now impossible
for us to do anything unless by amending the Constitution,
which is of course an impossible proposition.
Shri Chattopadhyay: May I know whether the State
Government could do something to debar such members
from being voters in the election and whether the State
Government even at this stage could do away with their
membership by an executive order?
Dr. Ambedkar: It is of course quite open to the local
Assembly to pass another Municipal Act making the whole
of the Municipality wholly elected, before the election takes
place so that the difficulty raised by my friend can be
obviated. But there is nothing which this Parliament can
do in this matter.
Shri Chattopadhayay: May I know whether the Law
Ministry is going to instruct the State Government to this
effect ?
Dr. Ambedkar: I suppose it would be for the Prime
Minister to take this point into consideration and to inform the
Ministry if he thinks that it is desirable that the nominated
members should not take part in the election.
Shri Chattopadhayay: May I have the opinion of the
Prime Minister in this matter ?
The Prime Minister (Shri Jawaharlal Nehru): I am
sorry I have not quite followed the argument……
Dr. Ambedkar: The point, if I may tell the Prime
Minister, is this, that there are certain Municipalities in
West Bengal where a large number of the membership of
the Municipality is by reason of nomination……..
Shri Sondhi (Punjab): In Punjab also.
Dr. Ambedkar: In Punjab also. In our Constitution, when
we considered the question of the constitution of the Upper
PDF page 822 (printed page 803)
803PARLIAMENTARY DEBATES
Chamber we merely used the general expression “members
of the municipality” without making it a qualification
“elected members”. The question has arisen whether it is
desirable that the nominated members of the municipality
should also take part in the election of members to the
Upper Chambers. The answer I gave was that although
it is not possible for us to do a anything by reason of the
fact that we have got this constitutional provision, still,
as municipalities are a subject for the State it would be
possible for the State Governments to modify their Municipal
Acts so as to eliminate the nominated members from the
Municipalities. The question put to me was whether the
Central Government could do anything. I said the only
answer that I could suggest was that perhaps the Prime
Minister, if he so thought fit, might instruct the Chief
Ministers of West Bengal or Punjab that this anomaly may
be eliminated.
The Minister of Home Affairs (Shri Rajagopalachari): What the Law Minister means is that they may be
eliminated from the Council—they cannot eliminate them
from their functions under the Constitution.
Dr. Ambedkar: No, no.
Mr. Deputy Speaker: So long as they are members of
municipalities, nominated members, under the Constitution,
are entitled to vote. The suggestion is not, that the
Constitution may be modified overnight—the suggestion is,
that if they modify the existing law relating to municipalities,
dissolving all the existing municipalities, and before the
election takes place, allow all the seats to be filled by
election, then it would meet the purpose. But are we making
suggestions now on the floor of the House, as to what ought
to be done? Let us proceed. We have very little time left.
The matter in hand is the Delimitation of Constituencies’
Orders. I do not think we should trouble the hon. Prime
Minister unless he wants to do it himself. Let us proceed
with the legitimate work before us.
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804 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
MYSORE ORDER
*Mr. Deputy Speaker: We have the amendment in List
No. 1.
Shri Shankaraiya (Mysore): Before it is put to the vote
of the House I would like to suggest to the hon. Minister to
consider that instead of deleting the word “Revenue “as it
stands in column 2, it may be allowed to remain by putting
if within brackets ; the effect will be the same. Removing
the word or putting it in brackets will practically mean the
same thing. By putting it in brackets it will be more clear
and authentic.
Dr. Ambedkar: This is a purely administrative matter
and we are acting upon the advice received from the Mysore
Government that if the word u Revenue “is retained there
might be some complications or mistakes arising. In view of
that I must support this amendment.
Mr. Deputy Speaker: The question is :
That the following modification be made in the Delimitation
of Council Constituencies (Mysore) Order, 1951, laid on the Table
on the 20th September 1951, namely :—
That in the Table, the word “Revenue” wherever it occurs, be
omitted.
The motion was adopted.
Mr. Deputy Speaker: To this extent the President’s Order
stands modified.
The Council Constituencies Orders are over. The House
will now proceed to the consideration of amendments relating
to Parliamentary and Assembly Constituencies.
Dr. Ambedkar: We are now taking Amendment Orders.
The President himself has issued certain Amending Orders
and there are amendments to these Amending Orders.
*P. D., Vol. 16, Part II, 11th October 1951, pp. 4629-41.
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805PARLIAMENTARY DEBATES
PARLIAMENTARY AND ASSEMBLY CONSTITUENCIES
BOMBAY (AMENDMENT) ORDER
Dr. Ambedkar: I accept amendments Nos. 2 and 3 in
List No. 2. All the others are going to be withdrawn.
Mr. Deputy Speaker: The question is:
(i) That in the Delimitation of Parliamentary and Assembly
Constituencies (Bombay) (Amendment) Order, 1951, after item
No. 2, the following new item No. 2A, be inserted, namely:—
“2A. In Table A.-Parliamentary Constituencies of the said
Order.—
(i) against the entry “Ahmednagar North” in column 1
the words “Nandgaon Municipal Area” in column 2, shall be
omitted ; and
(ii) against the entry “Nasik Central” in column 1, the words
“Nandgaon Municipal Area and in column 2 shall be-omitted.”
(ii) That in the Delimitation of Parliamentary and Assembly
Constituencies (Bombay) (Amendment) Order, 1951 after item
No. 3, the following new item No. 3A be inserted, namely:
“3A. In Table B.—Assembly Constituencies of the said
order.— (i) against the entry “North Malegaon” in column 1,
for the existing entry in column 2, the following entry shall be
substituted, namely:—
‘Malegaon Municipal Area and Maleaon Taluka excluding
such of the villages as are specified in item (36) of the Appendix’.;
(ii) against the entry “South Malegaon-North Nandgaon”
in column 1, for the existing entry in column 2, the fallowing
entry shall be substituted, namely:—
‘Such of the villages of Malegaon Taluka as are specified in
item (36) of the Appendix; and Nandgaon taluka (excluding such
of the villages as are specified in item (35) of the Appendix).’; and
(iii) against the entry “Yeola-Nandgaon” in column 1, the
words ...Nandgaon Municipal Area “in column 2, shall be
omitted.”
The motion was adopted.
Mr. Deputy Speaker: To this extent the President’s
Order stands modified.
Have the other hon. Members who have tabled other
amendments the leave of the House to withdraw them ?
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806 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
The amendments were, by leave, withdrawn.
Mr. Deputy Speaker: The President’s Amendment
order relating to Bombay was modified to the extent of the
amendments accepted by the House.
MADHYA PRADESH (AMENDMENT ORDER)
Dr. Ambedkar: Sir I move amendment No. 1 in list No.
1 and amendment No. 3 in list No. 3. Amendment made:
That the following modification be made in the Delimitation
of Parliamentary and Assembly Constituencies (Madhya Pradesh)
(Amendment) Order, 1951 laid on the Table on the 20th September
1951, namely:—
That in sub-para, (i) of para. 3 of the Order, for the words
“Ordinance Factory; Khamaria, Gun Carriage Factory” the words
“Ordinance Factory Khamaria, Gun Carriage Factory Estate,”
be substituted.
—[Dr. Ambedkar]
Further amendment made :
That the following modification be made in the Delimitation
of Parliamentary and Assembly Constituencies (Madhya Pradesh)
(Amendment) Order, 1951 laid on the Table on the 20th September
1951, namely:—
That at page 1, after para. 3(i) of the Order, the following
new sub-paras, (ia) and (ib) be inserted, namely:—
‘(ia) against the entry Nagpur 1” in column 1, for the existing
entry in column 2 the following entry shall be substituted:—
“Ward No. 1 including villages Somalwada Chichabhuwan,
Ajni, Wards Nos. 2 to 4, 7, 37 and 38 and Ward No. 39 including
villages Borgaon, Hazaripahad and Dhaba, Wards Nos. 40, 41
including villages Kachimeth and Sonegaon Sim and Ward no.
42 including villages Jaitala, Bhamti, Sonegaon (Bazar), Khamla,
Takali Sim, Parsodi and Shiwangaon of Nagpur City of Nagapur
tehsil.”;
(ib) against the entry “Nagpur IV” in column 1, for the existing
entry in column 2 the following entry shall be substituted :—
“Ward No. 8 including villages Babulkheda Sakardara,
Manewada, Chikhali Khurd, Ward No. 10 including villages
Harpur, Dighori, Bidpeth and Wathoda, Ward No. 22 including
villages Hiwari, Pardi, Bhandewadi, Chikhali (Deosthan). Punapur
and Bharatwada, Wards Nos. 23 and 24 including villages
Kalamna, Wanjara and Wanzari, Wards Nos. 29 to 32, Ward
No. 33 including Nari, Ward No. 34 including Takali (Big) and
Gorewada, Ward No. 35 including villages Nara, Indora and