z:\ ambedkar\vol-02\vol2-10.indd MK SJ+YS 21-9-2013/YS-8-11-2013 750
750 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Sir Samuel Hoare : Yes. I think there is a great deal to be said for giving the Governor a free choice, always assuming, Dr. Ambedkar, that the Cabinet is collectively responsible and there would be no intention of imposing a Minister against the wish of the Cabinet in case of this kind.
†6549. Sir Tej Bahadur Sapru : Is Sir Samuel right in conceding that the present Government of India Act makes a distinction between elected and nominated members for appointment as Ministers ?
Sir Malcolm Hailey: It was new to me, but I took it from Dr. Ambedkar.
Dr. B. R. Ambedkar: I used it in the sense that it must be an elected member within six months.
Sir Tej Bahadur Sapru : So far as I can see the Government of India Act makes no distinction between elected and nominated members for the purpose of appointment as Ministers. The Section which deals with that matter is Section 52.
Dr. B. R. Ambedkar: He has to get himself elected.
- Sir Tej Bahadur Sapru: I thought Dr. Ambedkar put it to Sir Samuel, and suggested that the Government of India Act makes a distinction between elected and nominated members in the matter of being Minister ?
Sir Malcolm Hailey: It only does so to the extent of laying down that a Minister shall not hold office for a longer period than six months unless he becomes an elected member.
- Sir Tej Bahadur Sapru : But if there is a nominated member there already, there is nothing to prevent you from appointing him Minister ?
Sir Malcolm Hailey: That is so.
- Sir Tej Bahadur Sapru : And that has been done ?
Sir Malcolm Hailey : Yes.
Sir Tej Bahadur Sapru: The law, as I understand it, is this: It is open to the Governor to appoint any outsider a Minister, provided that outsider gets elected to the Legislative Council within a period of six months. Similarly, it is open to the Governor to appoint a Minister from the block of nominated members who are already there. The Act does not make any distinction.
- Mr. Zafrulla Khan : Once a nominated member is appointed, does he continue to be nominated member all the time or must he seek election ?
Sir Samuel Hoare: No, I thought that was quite clear. A nominated member is treated just like anyone else.
Dr. B. R. Ambedkar: He cannot continue to be a Minister after six months unless he gets elected.
‡6558. Dr. B. R. Ambedkar: May I read the section ?
Sir Samuel Hoare: Does it really very much matter with what the
†Minutes of Evidence, Vol. II-B, 14th July 1933, p. 748.
‡Ibid., pp. 749-50.