704 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
The Honourable Dr. B. R. Ambedkar : That would depend upon what sort of procedure we lay down at a later stage.
Mr. President: But a man may become subject to a disqualification after taking his seat in the House.
The Honourable Dr. B. R. Ambedkar : That is what (e) provides for.
Mr. President : Then other disqualification may also come in. He might become unsound in mind and might be declared as such or he might become an undischarged insolvent.
The Honourable Dr. B. R. Ambedkar : Those are dealt with here. They are all about sitting members.
Shri L. Krishnaswami Bharathi : Please read the amendment.
The Honourable Dr. B. R. Ambedkar : There are two sorts of disqualifications : disqualifications which are attached to the candidature as such, namely, that such and such persons who are disqualified shall not stand for election. Then, after they are chosen, certain persons shall not sit in the House if they incur the disqualifications in 167. Let us not confuse the two things.
The Honourable Shri K. Santhanam : Both are covered by 167-A.
The Honourable Dr. B. R. Ambedkar : That may be so. Let me explain. It all depends on what kind of procedure we adopt. If we adopt the procedure that whether a candidate is qualified for election-or not shall be treated as a preliminary issue, that will not be a disqualification under article 167. If on the other hand we have the procedure, which we now have, that every question relating to election, including the question whether a candidate is a qualified candidate or not, can be taken up, then article 167 will apply. My intention as well as the intention of the Drafting Committee is to make a provision permitting the Election Commission to dispose of certain preliminary questions so that the election issue may be fought only on the question whether the election was properly conducted or not. Today we have the things lumped together.
Mr. President: Then Mr. T. T. Krishnamachari’s amendment.
“That for amendment No. 2441 of the List of Amendments, the following be substituted :—
“That after article 167, the following new article be inserted :—
167-A. (1) If any question arises to whether a member of a House of the Legislature of a State Decision on questions as to has become subject to any of the disqualifications disqualification of memebers. mentioned in clause (1) of the last preceding article, the question shall be referred for the decision of the Governor and his decision shall final.
(2) Before giving any decision on any such question, the Governor shall obtain the opinion of the Election Commission and shall act according to such opinion.”
The amendment was adopted.
New Article 167-A was added to the Constitution.