24. Representation of the People (Amendment) Bill - Page 254

PARLIAMENTARY DEBATES 237

*** Shri Tyagi** : ………. Those who have no office, they are non-official, persons like me, Sir. But persons like Shri Jawaharlal Nehru and Dr. Ambedkar they hold offices, and they are not non-officials. I hold no office and therefore, I am a non-official. Therefore, I request that a clear definition of the word “non-official” may be given, unless it be that it is given in some other Act. Otherwise this will lead to difficulties.

Dr. Ambedkar : The word “non-official” is so elemental that I should have thought that it would be very, very difficult to find a simpler phraseology; and I suggest to my friend Mr. Tyagi that if he was involved in any legal dispute about this word, if he engages even a third-class lawyer, he will be able to get sufficient advice.

** Shri Deshbandhu Gupta : I only want to point out that there is no official Member of the Advisory Council. Here in (b) it is said that the non-official members of the Advisory Councial of the Chief Commissioner etc. There is no official at all. Therefore, if it is not necessary, this word ‘non-official’ may be dropped. I am suggesting it to the Mover.

Dr. Ambedkar : It cannot do any harm.

Shri M. A. Ayyangar : ……… Then under section 134 rules were framed. When the Government of India Act was repealed an Ordinance was issued defining who were ‘officials’ and who were ‘non-officials’. This Ordinance has lapsed. What is the present position ? If in 1919 they were defined and later on under the Ordinance also it was found necessary to define the words, why should we not define it here also ? That lacuna must be made up. It is not such a simple term that it can be found in a dictionary. It will depend upon the interpretation that is put on it. It is a very valid objection.

Dr. Ambedkar : I am sure the matter is covered. If it is not covered it is not difficult to cover it.

**Ibid., pp. 2269.