constituent assembly of india debates (proceedings)- volume vii

This is purely, if I may say so, a linguistic amendment. I think it refers to the state of affairs arising
after a seat has been declared vacant. The wording "when a seat has been declared vacant" is more
correct and more accurate.
I therefore commend these amendments of mine for the acceptance of the House. Sir, I wish to
speak on the motion. May I speak?
Mr. President: Yes.
Shri H. V. Kamath: Sir, I seek some clarification on certain points that have arisen from the motion
moved by my honourable friend Shrimati Durgabai. Sir, the potential strength of this Assembly is 324. I
am given to understand that the actual strength today is 303. Twenty one members who are to
represent Hyderabad, Kashmir and Bhopal are not present with us. Even as regards the remaining 303,
the papers yesterday brought us the news that the Patiala and East Punjab States Union have not
elected their representatives to this Assembly. I do not know why these States or Union of States or
groups of States should continue to be unrepresented in this last and most important session of the
Constituent Assembly. As regards Kashmir I agree there are difficulties. As regards Hyderabad which
now forms one of the States specified in Part I of the Annexure, it takes top rank among the States. I do
not see why we should not call upon the Ruler of Hyderabad or to elect or to elect and nominate as the
case may be in accordance with the provisions of this resolution, and send representatives to take their
place in this Session as early as possible. In view of the recent events that have taken place, a happy
denouement - I hope the House is in agreement with me that we have had a happy termination of the
Hyderabad episode - we wish to welcome our friends, our colleagues from Hyderabad as soon as possible
in this Assembly. As regards Bhopal, I do not know what difficulties stand in the way, what stumbling
block there is in the way, what obstacle has to be surmounted, so far as the participation of Bhopal in
this Assembly is concerned. I would plead with you and I would request that the Bhopal authorities
should also be called upon at once to send their members to this Assembly with the least possible delay.
Then, Sir, the report which appeared in the press yesterday as regards Patiala and East Punjab States
Union was not very clear. It alleged all sorts of things against the administration and against the Ruler;
but, whatever it may be, I think it is high time that this Union of Patiala and East Punjab States should
be called upon to send their representatives to this last session of the Constituent Assembly.
There is another point which I would like to draw your attention to. In the Rules that have been
framed by us during the previous sessions. We have stated-I refer to Rule5 sub-rule (2)- "Upon the
occurrence of a vacancy, the President shall ordinarily make a request in writing to the Speaker of the
Provincial Legislative Assembly concerned, or as the case may be, to the President of the Coorg
Legislative Council, for the election of a person, for the purpose of filling the vacancy as soon as may
reasonably be practicable." Here, now that in some of the States mentioned in Part I of the Annexure-I
am sorry I cannot say off hand which States have got elected legislature functioning-take for instance,
Mysore; it is a big State and it has already sent its representatives to this Assembly-so far as such States
are concerned, I see no reason why in future, instead of the Ruler, the Speaker or President of the
Assembly should not be requested to fill the vacancies that may arise. It may be argued against this that
the Rule as it stands, 5-A provides for the Ruler being the authority in this case. But, as we are
amending the Rules, why not amend certain provisions of these Rules so as to make them more in
conformity with democratic practice and democratic traditions? Therefore, I would ask my honourable
friend Shrimati Durgabai to explain why, in the case of those states where we have got Assemblies
functioning, the Speaker or the President should not be the authority instead of the Ruler. On this point,
I would ask some more light from the mover of the motion.
Sir, before I resume my seat, I commend my two amendments to this motion for the acceptance of