DRAFT CONSTITUTION 627
Mr. President : Then I put Dr. Ambedkar’s amendment, No. 2308.
[Already mentioned.]
The amendment was adopted.
Article 151, as amended, was added to the Constitution.
ARTICLE 152
*Mr. President : Then we come to article 152. To this article, there is the amendment of Dr. Ambedkar.
The Honourable Dr. B. R. Ambedkar : Sir, I move :
“That for article 152, the following be substituted :-—
- Qualification for membership of the State Legislature.— A person shall not he qualified lo be chosen to fill a seat in the Legislature of a State unless he—
(a) is a citizen of India;
(b) is. in the case of a seat in a Legislative Assembly, not less than twenty-live years of age and, in the case of a seat in the Legislative Council, not less than thirty - five years of age, and
(c) possesses such other qualifications as may lie prescribed in that a behalf by or under any law made by the Legislature of the State’.”
† The Honourable Dr. B. R. Ambedkar : Sir, I accept the amendment moved by Shrimati Purnima Banerji. With regard to the fear that she expressed about clause (c) that this clause might enable the prescription of property qualifications by Parliament for candidates, I certainly can say that such is not the intention underlying sub-clause (c). What is behind this clause is the provision of such disqualifications as bankruptcy, unsoundness of mind, residence in a particular constituency and things of that sort. Certainly there is no intention that the property qualification should be included as a necessary condition for candidates.
Then, with regard to the amendment of Professor K. T. Shah about literacy. I think that is a matter which might as well be left to the Legislatures. If the Legislatures at the time of prescribing qualifications feel that literacy qualification is a necessary one, I no doubt think that they will do it.
Sir, there is only one point about which 1 should like to make a specific reference. Sub-clause (c) is in a certain manner related to articles 290 and
291 which deal with electoral matters. We have not passed those articles.
If during the course of dealing with articles 290 and 291, the House comes to the conclusion that the provision contained in clause (c) should be prescribed by the law made by Parliament, then I should like to
***** CAD, Vol. VIII, 2nd June 1948, p. 550.
† Ibid., pp. 553-54.