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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.

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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

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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