PARLIAMENTARY DEBATES 643
Shri Satish Chandra : I submit, Sir, that it may be held over. After all there is a difference of opinion among the hon. Members, some of whom feel strongly over this point. Just as other clauses have been held over. I suggest, this also may be held over and may be allowed to come up later. If it is held over it is possible there might be some agreed formula to satisfy all.
Dr. Ambedkar: I do not think there is any ground for holding it over.
Shri J. R. Kapoor: I am not entirely in favour of what Mr. Satish Chandra has been arguing, but then all of a sudden it does strike me that there is some point of fundamental importance that he has been arguing, and it is that Mr. Munishwar Datt’s amendment to part (b) of sub-clause
(3) of clause 85 stipulates that instead of one there shall be two members selected by the Election Commission from either of the lists maintained by it under sub-clause (2). But these two could be selected not necessarily only from the list under part (a) but from both the lists under parts (a) and (b).
Dr. Ambedkar: In which case his objection vanishes.
Shri J. R. Kapoor: So that objection goes.
Shri Kamath : May I point out that the acceptance of the amendment of Mr. Upadhyay by the Law Minister and perhaps later on by the House lends some point to the question raised by my friend Mr. Satish Chandra ? Clause 85 sub-clause (3) as it stands reads as follows:
“Every Tribunal appointed under sub-section ( 1 ) shall consist of—
( a ) a Chairman who shall be either a person who is or has been a judge of a High Court or a person selected by the Election Commission from the list maintained by it under clause (a) of sub-section (2); and
( b ) one other member selected by the Election Commission from either of the lists maintained by it under sub-section (2):”
The acceptance of the amendment of Mr. Upadhyay will lead to this, that the two members he proposes in place of one can be selected from either of these lists, that is to say the posibility is there that both of them can be from the list mentioned in part (b).