constituent assembly of india debates (proceedings)- volume vii

Schedule to the Rules prescribes the allocation of seats in the various States or groups of States and the
manner of choosing the States representatives and also the method of appointing conveners for
purposes of conducting election. These Rules 5-A and 5-B were based on conclusions reached by the two
Negotiating Committees set up by the Chamber of Princes and also by The Constituent Assembly.
Sir, since then, as it is common knowledge, many changes of a far-reaching character have taken
place and these changes have taken place both in the constitutional as well as in the administrative set
up of these states. For example, certain States have formed themselves into Unions and certain others
have merged into neighbouring provinces and still certain others have been constituted into Centrally
Administered Areas.
Sir, these changes in their turn affected radically in the case of some the existing scheme of
representation in the Constituent Assembly. Consequently, it became necessary to re-group these
several States and to re-allocate seats among them and also change the conveners for the purpose of
conducting elections and also make necessary changes in the rules of the Constituent Assembly. All
these matters were considered at a meeting of the Honourable the President and of the Honourable the
Minister of States and also the Rajpramukhs and the Premiers of the Union and the States concerned and
also the Premiers of various provinces affected by these changes and also of the officials of the
Secretariat of the Constituent Assembly and of the States Ministry; and the decisions reached at that
Conference are now embodied in these provisions which are now sought to be incorporated in the
Constituent Assembly Rules.
Now, Sir, the most important feature of these changes in the provisions is that in the case of newly
formed group or Union of the States - Cutch and Junagarh, which have been given separate
representation in the Assembly - all the vacancies in the seats are to be filled by election by the elected
members of the Legislatures of the States or where such legislatures do not exist, by any other Electoral
College which is set up for that purpose.
Under the old Rules some of them could be filled by nomination. Sir, as you have already noted the
various changes, I do not think that I need elaborate these points. I commend my motion to the House
for its acceptance. Sir, I move.
Mr. President: I have received notice of certain amendments to this motion. Mr. Kamath.
Shri H. V. Kamath : (C. P. & Berar: General): Mr. President, Sir, I move:
"That in sub-para, (1) of the proposed paragraph 3 of the Schedule, for the words `to the States, individual or grouped in the
Assembly' the words `in the Assembly to the States, individual or grouped' be substituted."
That is to say, if the amendment is accepted, it will read thus: Now it reads, "When the
representation allotted to the States, individual or grouped in the Assembly". In the place of this, it will
read, "When the representation allotted in the Assembly to the States, individual or grouped....." I do not
think I need speak much on this amendment. It is self evident and the meaning that is sought to be
conveyed by the paragraph is as represented in my amendment. Certainly, the States individual or
grouped as they are, is not for Assembly purposes. Therefore, it should be "representation allotted in the
Assembly to the States, individual or grouped." This is the first amendment.
Sir, the second amendment runs thus:
"That in sub-para. (3) of the proposed paragraph 3 of the Schedule, for the words 'is declared vacant' the words 'has been declared
vacant' be substituted."