If in sub-clause (2) of article 8, it is not necessary in the context to read the word ‘law’ to include custom, it would not be possible to read the word ‘law’ to include custom. I think that would remove the difficulty which my Friend has pointed out in his amendment.
Mr. Vice-President: I shall put the amendments, one by one. to vote. I am referring to the numbering of the amendments in the old list…
I put amendment No.252, standing in the name of Mr. Mahboob Ali Baig to vote. The question is:
“That the proviso to clause (2) of article 8 be deleted”.
The amendment was adopted.
Mr. Vice-President: Then I put amendment No.260, as amended by Dr. Ambedkar. The question is:
“That for clause (3) of article 8, the following be substituted:-
‘(3) in this article, unless the context otherwise requires,
(a) The Expression ‘law’ includes any Ordinance, order, bye-law, rule, regulation, notification, custom, or usage having the force of law in the territory of India or any part thereof;
(b) the expression ‘laws in force’ include laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repeated, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas,.”
The amendment was adopted.
Article 8, as amended was added to the Constitution.
ARTICLE 8-A
Mr. Vice-President: The next amendment is No. 273 in the new list in the name of Mr. L.N. Misra.
Shri Loknath Misra (Orissa:General): Sir, I beg to move: “That after article 8, the following new article 8-A be inserted:-
RIGHT OF SUFFRAGE AND ELECTION’
8-A. (1) Every citizen who is not less than 21 years of age and is not otherwise disqualified under this Constitution or any law made by the Union Parliament or by the Legislature of his State on any ground, e.g., non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at such elections.
(2) The elections shall be on the basis of adult suffrage as described in the next preceding sub-clause but they may be indirect, i.e., the Pour and Grama Panchayats or a group of villages, a township or a part of it having a particular numbers of voters or being an autonomous unit of local self-government shall be required to elect primary members, who in their turn, shall elect members to the Union Parliament and to the State Assembly.
(3) The Primary Members shall have the right to recall the member they elected to the Parliament or the Assembly of the State.
(4) A voter shall have the right to election and the cost of election shall be met by the State.
(5) Every candidate will be elected by the People and even if there is no rival, no candidate shall be elected unless he gets at least 1/3 of the total votes.”
Shri Algu Rai Shastri (United Provinces:General): Mr. President, I rise to oppose the amendment moved by my friend.
My first reason for doing so is that it has no relation to the question raised here. Matters relating to elections have been dealt with in the Draft Constitution at other places where it has been stated as to how the Legislature shall be formed; who shall be the members of the Legislatures; what shall be their rights; what shall be the procedure of their elections. Amendments of this nature may be moved in the article dealing with such things. This amendment is totally irrelevant to Fundamental Rights of the Draft Constitution… This amendment should be rejected outright and should never be accepted.
The Honourable Dr. B.R. Ambedkar: I cannot accept this amendment.
The motion of Loknath Misra was negatived.
ARTICLE-9
Mr. Vice-President: Amendment No.313 is disallowed as being verbal. Amendment No.314, Dr. Ambedkar.
(To be continued)
