Mr. President, Sir, article 213 in the form it is at present before the House is quite different from what it was in the Draft Constitution. It can be said about the present form of this article which is before the House that it is even more retrograde and reactionary than in its previous form. It is no doubt true that some, authority was conferred on the President under the previous proposal as well, but if the President exercised his authority under article 213, he had the right to establish a local legislature or a Council of Advisors or both. But he had no option not to establish a local legislature while acting under article 213. He had no right to constitute a body which though termed a legislature was in fact not a legislature in the correct sense of the term. Now-a-days a legislature implies that it should consist of Ministers, should have enough rights and should consist mostly of elected members. But the amendment now moved says that this right will belong to the Parliament. So far as this amendment goes, it is quite proper and I think it is good that the authority is being given to the Parliament. But I do doubt the wording of the latter portion of this proposal which says that “A body, whether nominated, elected or partly nominated and partly elected, to function as a legislature for the State“. And the other thing that has been suggested is the Council of Advisors and Ministers. In this connection I would submit to the House that it should not accept this change that there should be such a body instead of a legislature. In these days we wish that all the blessings of Swaraj should be uniformly shared by every part of India. It should not be that a region is provided with such a body and where the inhabitants do not consequently acquire any right as regards their administration or get any opportunity to manage their affairs. We do not want such a body. The fact is that this article includes even regions which are underdeveloped. This makes such a provision for them by which I understand that the Constitution wants to decide that the right to settle the Constitution of Delhi, Coorg, Ajmer-Merwara should be given to the Parliament. In the circumstances obtaining at present, this is proper to a certain extent. I do not know what else the Constituent Assembly can do in the circumstances. Today the fate of small regions like Ajmer-Merwara is still undecided. About Ajmer Merwara it is suggested that it should be made a part of Rajasthan; about Coorg it is suggested that it should be merged in Mysore or in Madras; and similar suggestions are made in respect of Panth-Piploda. The position of territories like Cutch and Himachal Pradesh is still uncertain. In those circumstances it is difficult for the Constituent Assembly to take a decision in respect of every territory. It will not be proper to create such a solid or concrete scheme till the conditions permit. Therefore this proposal is, in a way, quite proper and in accordance with the spirit of the times; but I do not like that there should be any such territory which has no local legislature of its own and in which the people do not possess the right to manage their own affairs. The article provides for a body “whether nominated, elected or partly nominated, and partly elected“. If the whole body is nominated, I fail to see for which territory it would be suitable, for I do not think that there is any territory so backward as to deserve such a body. Coorg has already got an Assembly. That Assembly sits for six days in a year. The Chief Commissioner is the President of that Assembly. The District Magistrate is the Home Member and the District Judge is Law Member. In these days when even the smallest Provinces can boast of legislatures such a provision ceases to have any meaning whatever. I submit that this matter should be decided according to the circumstances of each region. So far as the Himachal Pradesh is concerned it is a unit newly created. It consists of some new portions and some old portions of the East Punjab. It would have been better if the whole of it had been merged with the East Punjab. Time will show to what extent this policy of the Government of creating small provinces and constituting territories into Centrally administered areas is proper. Centrally administered area is defined as one where the local people do not manage it and the Central Government manages it. If you adopt article 213, you will be adding new powers to those already existing which, I think, will not be a proper thing to do. According to this article any area which is not well managed will be made a Centrally administered area.
