Mr. President, going into the question as to whether there is necessity for the retention of the Explanation or not, I am quite clear in ray mind. So far as the first sub-clause is concerned, it will not preclude military conscription. In the Committee, there was a special clause inserted by Mr.Masani to the effect that there shall not be military conscription; but that has been omitted. In spite of the existence of the slavery and anti-slavery clause in the United StatesConstitution, the Supreme Court of the United States has held that there is nothing to prevent military conscription being introduced. The learned Judges referred to various writers on international law and they pointed out that the very existence of the State depends upon military force, and the slavery and antislavery or servitude clause cannot be construed as precluding the United States of America from introducing conscription. Therefore, the words ‘begar and similar forms of forced labour’ cannot possibly be interpreted as excluding conscription. That is my view and I do not think that the future legislatures will be precluded from introducing conscription by reason of a clause like this. The word “similar” occurring in the clause makes it quite clear that it cannot have in view a military conscription law. Therefore, under those circumstances, there need not be any apprehension. That does not, however, mean that I am opposed to the retention of the Explanation. The retention, it was pointed out yesterday in the Committee, might give rise to considerable difficulties is the working of the village economy and village institutions, and no harm would result by the omission of the Explanation, and therefore, yesterday, in the course of the discussions in the Committee, it was omitted. I do not think there is any danger of military conscription being ruled out as a power inherent in the Union by reason of the forced labour clause as it stands.
