11. Parliament (Prevention of Disqualification Bill - Page 114

PARLIAMENTARY DEBATES 97

or the Parliamentary Secretary or the Parliamentary Under secretary. The Hon. the Law Minister told us just now that according to his reading of the Bill a Minister of State, a Deputy Minister, Parliamentary Secretary or Parliamentary under-Secretary can hold office for six months without being a Member of Parliament. I have read the Bill again and I do not understand how the Hon. Minister came to this conclusion. Would he explain ?

Mr. Deputy Speaker : It is not absolutely germane to this Bill. The hon. Member may look into the matter at leisure.

Dr. Deshmukh: Sir, one point may be made clear, which is on a matter of fact, viz., whether Deputy Ministers are appointed by the President. This is a matter of concrete fact and probably the Hon. Minister may be able to reply.

Mr. Deputy Speaker : How is it necessary in this connection ?

Dr. Ambedkar : Surely, they are appointed by the President : who else call appoint ?

Mr. Deputy Speaker : The question is :

“That the Bill to make provision in regard to certain offices of profit under Article 102 of the Constitution, be taken into consideration.”

The motion was adopted.

“That in the heading of clause 1, after the words ‘Short title’, the words ‘ and commencement’ be inserted.”

It is a very simple amendment and I hope the Doctor will accept it.

Dr. Ambedkar : Perhaps what my friend Mr. Tyagi has noted is that there is no clause stating the commencement. Generally a Bill has a clause saying that the Bill comes into operation from such and such a date. This clause does not exist here, and he thinks there is a lacuna which ought to be filled. But may I submit that under the General Clauses

*P.D., Vol. 2, part II, 10th March 1950, p. 1365.