PARLIAMENTARY DEBATES 489
the Bill. The difficulty then will be that we shall have to amend this legislation. Therefore, since a specific formula is already provided in the Constitution itself, it is not open to this Parliament to change that formula. It is for the Election Commissioner to find out at any particular time as to how many reserved seats there shall be in the House of the People in relation to any particular State in Part A, B or C. Therefore, I submit that sub-clause (1) of the proposed section 3A is against the Constitution and is also unnecessary.
Mr. Speaker: Amendment moved :
In clause 2, for the proposed section 3A of the Representation of the People Act, 1950, substitute:
“ 3A. For the purposes of reserving seats in the House of the People under the Constitution of India, the castes specified in the Sixth schedule shall be the scheduled castes in relation to the Part C State under which they are so specified, and the tribes specified in the Seventh Schedule shall be the scheduled tribes in relation to the Part C State under which they are so specified. ”
The Minister of State for Transport and Railways (Shri Santhanam): Does my hon. Friend suggest that without a Parliamentary enactment the Election Commissioner can give a specific number of seats to any specific State? It will have to be done by Parliament.
Mr. Speaker: The point, as I have been able to understand, is that the necessary directive having already been given by article 330 that representation shall be in proportion to the population, the Election Commissioner has already got the direction and it is for him to work it out, not for this House to lay down exactly what number of seats they will give to each State........
Shri Santhanam: Sir, if I understand, it correctly, the directive is to Parliament and not to the Election Commissioner. Because the actual number of seats have to be laid down by Parliament—the Election Commissioner cannot fix the numbers.
Dr. Ambedkar: The specific article is 82 which deals with the representation in the House of the People. It says :
“Notwithstanding anything in clause (1) of article 31, Parliament may by law provide for the representation in the House of the People of any