DRAFT CONSTITUTION 1083
It seems to me that it is really a matter of detail as to which date we should adopt for vacancy and which date we should adopt for unseating. The reason why we have adopted the 6th October 1949 as the date with reference to which the right of a Member to continue as such Member is to be determined is because it is the date on which we commenced this session of the Constituent Assembly. I do not wish to dogmatise that there is any particular virtue in the 6th October 1949, nor will Mr. Pataskar say that there is any virtue in the provision that he has moved by his amendment. As I said, there is no difference in principle, and we are all agreed that double membership should be avoided, and I, therefore, think that the amendment that I have moved.
Shri H. V. Pataskar : My amendment gives the option to the Member.
The Honourable Dr. B. R. Ambedkar : That, I think, will create a lot of complication. If the Member is given the option, that will create complication, because it may be that the same evil which we want to do away with may be repeated. We must take precaution to see that the evil is not repeated. I, therefore, submit that the provisions contained in
311 should commend themselves to the House.
Shri Ram Sahai (Madhya Bharat) : What about the amendment moved by Mr. Sita Ram Jajoo ?
The Honourable Dr. B. R. Ambedkar : We had anticipated the point raised by him, and we have modified by amendment 195 in which I have made provision for Indian States. The only thing I have not made provision for is for persons holding offices of profit.
Mr. President : I shall now put the amendments to vote one by one.
[6 Amendments by Mr. Kamath, 2 by Mr. Tyagi, 4 by Mr. Muniswamy Pillay, one by Mr. Saksena and 4 by others were negatived. Article 311 as amended by Dr. Ambedkar’s amendment was added to the Constitution.]
ARTICLE 312-F
- The Honourable Dr. B. R. Ambedkar : Sir, I move :
“That after article 312-E, the following new article be inserted :—
‘312-F. (1) Casual vacancies in the seats of members of the provisional Parliament functioning under clause ( 1 ) of Provisions as to this article 311 of this Constitution [including filling of casual vacancies in the provisional vacancies referred to in clauses 3 and (3 a ) of President and the that article] shall be filled and all matters in Provisional legislatures of connection with the filling of such vacancies the States. (including the decision of doubts and disputes arising out of, or in connection with eletions to fill such vacancies shall) be regulated—
*CAD, Vol. X, 11th October 1949, pp. 103-104.