380 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
(b) the expression ‘laws in force’ includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repeated, notwithstanding that any such law or any part thereof may not he then in operation either at all or in particular areas ‘”
The amendment was adopted.
[Two more amendments were negatived.]
Article 8. as amended was added to the Constitution.
ARTICLE 8-A
- Mr. Vice-President : The next amendment is No. 273 in the new list in the name of Mr. L. N. Misra.
Shri Loknath Misra (Orissa : General) : Sir, I beg to move :
“That after article S, the following new article 8-A he inserted :
Right op Suffrage and Election
8-A. (1) livery citizen who is not less than 21 years of age and is not otherwise disqualified under this Constitution or any law made by the Union Parliament or by the Legislature of his State on any ground, e.g., non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at such elections.
(2) The elections shall be on the basis of adult suffrage as described in the next preceding sub-clause hut they may be indirect, i.e., the Poura and Grama Punehayats or a group of villages, a township or a part of it having a particular number of voters or being an autonomous unit of local self-government shall he required to elect primary members, who in their turn, shall elect members to the Union Parliament and lo the State Assembly.
(3) The Primary Members shall have the right to recall the member they elected Lo the Parliament or the Assembly of the State.
(4) A voter shall have the right to election and the cost of election shall be met by the State.
(5) Every candidate will be elected by the People and even if there is no rival, no candidate shall be elected unless he gels at least ½ of the total votes.”
† Shri Algu Rai Shastri (United Provinces : General) : Mr. President‡ I rise to oppose the amendment moved by my Friend. My first reason for doing so is that it has no relation to the question raised here. Matters relating lo elections have been dealt with in the Draft Constitution at other places where it has been staled as to how the Legislature shall be formed ; who shall be the members of the Legislatures ; what shall be their rights ; what shall be the procedure of their elections. Amendments of this nature may be moved in the article dealing with such things. This amendment is totally irrelevant lo Fundamental Rights of the Draft Constitution....
*CAD, Vol. VII. 29th November 1948. p. 646.
† Ibid., 646.
‡Translation of Hindustani .speech.