I would like to say a word more before closing about the details mentioned in this Chapter. The reason for such detailed provision and a balancing of the interests of both the Centre and the Provinces is not one that has arisen because of a very particular whim or wish of either Dr. Ambedkar or the other Members of the Drafting Committee. It is more or less based on the experience of how this restriction on the power of the other Central Legislatures in the other Constitutions – or the conferment of a special power on the Central Legislatures by certain other Constitutions – has operated in practice. My honourable Friend Pandit Thakur Das Bhargava knows the amount of case law that has grown round the commerce clause so far as the United States Constitution is concerned. On the other band, I do not know if he realizes that an omnibus right such as the one that we recognize should not be given so far as freedom of trade and commerce is concerned, which perhaps has an echo in article 92 of the Australian Constitution, which has made the economic position of Australia a very difficult one today. They in Australia find that by reason of the fact that their provisions for amendment of the Constitution are so difficult that they are not able to amend the Constitution and article 92 stands as a bar to any progressive legislation which they have undertaken. It may be right or it may be wrong – the people of Australia are behind the Government- but when they wanted to nationalize banking, article 92 of the Australian Constitution has been held as a bar to the Government’s power to nationalize the banks. There is no point in shutting the hands of the future Government in operating this Constitution.
