DRAFT CONSTITUTION 729
Parliament may leave to the State Legislature. This is a residuary article. Beyond that, there is nothing.
Shri A. Thanu Pillai (Travancore State) : When steps have to be taken according to the time schedule, is the local Legislature to wait and see what the Central Parliament does ?
The Honourable Dr. B. R. Ambedkar : Primarily it shall be the duty of the Parliament to make provision under 290. The obligation is squarely placed upon Parliament. It shall be the duty and the obligation of the Parliament to make provision by law for matters that are included in 290, In making provisions for matters which are specified in 290, if any matter has not been specifically and expressly provided for by Parliament, then
291 says that the State Legislature shall not be excluded from making any .provision which Parliament has failed to make with regard to any matter included in 290.
Shri A. Thannu Pillai : May I know from Dr. Ambedkar whether it would not be better for either the central Legislature or the Local Legislature to be charged with full responsibility in this matter so that elections may go on according to the time schedule ?
The Honourable Dr. B. R. Ambedkar : I do not-agree. There are matters which are essential and which Parliament might think should be provided for by itself. There are other matters which Parliament may think are of such local character and liable to variations from province to province that it would be better for Parliament to leave them to the Local Legislature. That is the reason for the distinction between 290 and 291.
[Amendments of Dr. Ambedkar were adopted. Article 291 as amended was added to the Constitution.]
ARTICLE 291—A
*The Honourable Dr. B. R. Ambedkar : Sir, I move :
“That after article 291, the following new article be inserted :—
Bar to jurisdiction of courts in electoral matters.
Bar to jurisdiction of courts 291 -A. Notwithstanding anything in electoral matters. contained in this Constitution—
(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 290 or article 291 of this Constitution shall not be called in question in any court;
(b) no election to either I louse of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition
*CAD, Vol. VIII, 16th June 1949, p. 936 .