The Constituent Assembly of India met in the Constitution Hall, New Delhi, at Ten of the Clock, Mr. President (The Honourable Dr. Rajendra Prasad) in the Chair.

The Constituent Assembly of India met in the Constitution Hall, New Delhi, at Ten of the Clock, Mr. President (The Honourable Dr. Rajendra Prasad) in the Chair.

DRAFT CONSTITUTION--(Contd.)

DRAFT CONSTITUTION--(Contd.)

11.157.1

President

: We shall now take up......

11.157.1

President

: We shall now take up......

11.157.2

: I have a point of order. After the revised Draft Constitution was available to us, a large number of corrections in the shape of list of corrigenda was supplied--that is List No. 1, and as I understand the Constitution as it was accepted by the House for preliminary purposes, the revised draft was accepted subjected to corrections in List No. I. After that, on the same day, i.e., the 14th of this month another list was supplied i.e., List II. Then yesterday another big list was supplied--i.e., List III. The total number of changes sought to be introduced by these lists well exceed 200. I would like to know whether the decision of the House that the revised Draft Constitution must be taken into consideration subject to these correction lists, does also apply to corrigenda Nos. II and III. They came to us after our decision to accept the Draft subject to corrigenda list No. I. In other words, whether corrigenda II and III have any retrospective effect. If they are to be given retrospective effect, this will open up a great deal of difficulties. Some amendments are not merely formal but substantial. That would affect the rights of Members to give notices of amendments with reference to these. They have been delivered day before yesterday and yesterday after the decision was taken. What is more, some of my amendments which I did not move have been stolen and incorporated in these final corrigenda lists.

11.157.2

: I have a point of order. After the revised Draft Constitution was available to us, a large number of corrections in the shape of list of corrigenda was supplied--that is List No. 1, and as I understand the Constitution as it was accepted by the House for preliminary purposes, the revised draft was accepted subjected to corrections in List No. I. After that, on the same day, i.e., the 14th of this month another list was supplied i.e., List II. Then yesterday another big list was supplied--i.e., List III. The total number of changes sought to be introduced by these lists well exceed 200. I would like to know whether the decision of the House that the revised Draft Constitution must be taken into consideration subject to these correction lists, does also apply to corrigenda Nos. II and III. They came to us after our decision to accept the Draft subject to corrigenda list No. I. In other words, whether corrigenda II and III have any retrospective effect. If they are to be given retrospective effect, this will open up a great deal of difficulties. Some amendments are not merely formal but substantial. That would affect the rights of Members to give notices of amendments with reference to these. They have been delivered day before yesterday and yesterday after the decision was taken. What is more, some of my amendments which I did not move have been stolen and incorporated in these final corrigenda lists.

11.157.3

President

: Do you object even to those corrections which have been stolen from your amendments?

11.157.3

President

: Do you object even to those corrections which have been stolen from your amendments?

11.157.4

: No. I am extremely grateful to the Drafting Committee for doing me this honour.

11.157.4

: No. I am extremely grateful to the Drafting Committee for doing me this honour.

11.157.5

President

: As I understand, the corrections are only corrections, that is to say, they represent what was there, and which was not in the printed thing because of printer's mistake. I understand the correction is only to that and nothing more. Therefore all the corrections must be taken as part of the Constitution, as reported by the Drafting Committee.

Amendment of Article-(Contd.)

11.157.5

President

: As I understand, the corrections are only corrections, that is to say, they represent what was there, and which was not in the printed thing because of printer's mistake. I understand the correction is only to that and nothing more. Therefore all the corrections must be taken as part of the Constitution, as reported by the Drafting Committee.

Amendment of Article-(Contd.)

11.157.6

President

: I will now go through the other amendments quickly, of which we have got notice here. I shall take up now List IV.

11.157.6

President

: I will now go through the other amendments quickly, of which we have got notice here. I shall take up now List IV.

11.157.7

President

 There is amendment No. 548 to article 32, and that is by the Drafting Committee.

11.157.7

President

 There is amendment No. 548 to article 32, and that is by the Drafting Committee.

11.157.8

: List No. IV?

11.157.8

: List No. IV?

11.157.9

President

: Yes. We finished List II yesterday, and I am now going to take up amendments in List IV.

11.157.9

President

: Yes. We finished List II yesterday, and I am now going to take up amendments in List IV.

11.157.10

P. S. Deshmukh

: What about List III?

11.157.10

P. S. Deshmukh

: What about List III?

11.157.11

President

: List III I am not taking up, because it came out of time.

11.157.11

President

: List III I am not taking up, because it came out of time.

11.157.12

P. S. Deshmukh

: But List III is only a small list, Sir.

11.157.12

P. S. Deshmukh

: But List III is only a small list, Sir.

11.157.13

President

: But List III came after time.

11.157.13

President

: But List III came after time.

11.157.14

P. S. Deshmukh

: Sir, there was only a slight delay, and in view of the fact that we are considering most of the amendments, that also may please be considered.

11.157.14

P. S. Deshmukh

: Sir, there was only a slight delay, and in view of the fact that we are considering most of the amendments, that also may please be considered.

11.157.15

President

As I said, I would allow any particular amendment if any Member insisted upon it, on its merits, but the List, as a list, I would not take.

11.157.15

President

As I said, I would allow any particular amendment if any Member insisted upon it, on its merits, but the List, as a list, I would not take.

11.157.16

P. S. Deshmukh

: Sir, I mean only amendment No. 530 of List III.

11.157.16

P. S. Deshmukh

: Sir, I mean only amendment No. 530 of List III.

11.157.17

President

: That we discussed yesterday.

11.157.17

President

: That we discussed yesterday.

11.157.18

P. S. Deshmukh

: Shall we take it as having been moved?

11.157.18

P. S. Deshmukh

: Shall we take it as having been moved?

11.157.19

President

: Yes, I take now, List IV and amendment No. 548 to article 32. That is by the Drafting Committee. I do not see there is any amendment to that amendment. So I take it as moved:

     "That in clause (4) of article 32, for the word 'rights' the word 'right' be substituted."

11.157.19

President

: Yes, I take now, List IV and amendment No. 548 to article 32. That is by the Drafting Committee. I do not see there is any amendment to that amendment. So I take it as moved:

     "That in clause (4) of article 32, for the word 'rights' the word 'right' be substituted."

11.157.20

President

  Then article 48, and amendment No. 549. Now, this is an amendment which covers the amendment which has been moved by Professor Shibban Lal Saksena.

11.157.20

President

  Then article 48, and amendment No. 549. Now, this is an amendment which covers the amendment which has been moved by Professor Shibban Lal Saksena.

11.157.21

: I withdraw that amendment.

11.157.21

: I withdraw that amendment.

11.157.22

: You withdraw that amendment, and we accept this in place of that No. 549 reads:

     "That in article 48, for the words 'for improving the breeds of milch and draught cattle including cows and calves and for prohibiting their slaughter' the words 'for preserving and improving the breeds and prohibition the slaughter of cows and calves and other milch and draught cattle' be substituted"

11.157.22

: You withdraw that amendment, and we accept this in place of that No. 549 reads:

     "That in article 48, for the words 'for improving the breeds of milch and draught cattle including cows and calves and for prohibiting their slaughter' the words 'for preserving and improving the breeds and prohibition the slaughter of cows and calves and other milch and draught cattle' be substituted"

11.157.23

May I suggest that article 106 and amendment to that in List VII may be taken up?

11.157.23

May I suggest that article 106 and amendment to that in List VII may be taken up?

11.157.24

President

: In place of this?

11.157.24

President

: In place of this?

11.157.25

: No, it is an independent one.

11.157.25

: No, it is an independent one.

11.157.26

President

: I will be coming to that later.

11.157.26

President

: I will be coming to that later.

11.157.27

President

  Article 148, amendment No. 551. There is an amendment to that, No. 618. I think that is the latest amendment of the Drafting Committee?

11.157.27

President

  Article 148, amendment No. 551. There is an amendment to that, No. 618. I think that is the latest amendment of the Drafting Committee?

11.157.28

: Yes, Sir.

11.157.28

: Yes, Sir.

11.157.29

President

: Which shall I take? Shall I take No. 618?

11.157.29

President

: Which shall I take? Shall I take No. 618?

11.157.30

: No. 618 is the final amendment.

11.157.30

: No. 618 is the final amendment.

11.157.31

President

: There are three amendments to article 148 i.e. 551, 552 and 553.

11.157.31

President

: There are three amendments to article 148 i.e. 551, 552 and 553.

11.157.32

: But we have dropped all that and amendment No. 618 is the final one.

11.157.32

: But we have dropped all that and amendment No. 618 is the final one.

11.157.33

President

: There is only one amendment?

11.157.33

President

: There is only one amendment?

11.157.34

: Yes.

11.157.34

: Yes.

11.157.35

President

: And we leave the other clauses as they are?

11.157.35

President

: And we leave the other clauses as they are?

11.157.36

: Yes, Sir.

11.157.36

: Yes, Sir.

11.157.37

President

: Amendment No. 618 of List VI:

     "That for clause (5) of article 148, the following clause be substituted:

     '(5) Subject to the provisions of this Constitution and of any law made by Parliament, the conditions of service of persons serving in the Indian Audit and Accounts Department and the administrative powers of the Comptroller and Auditor-General shall be such as may be prescribed by rules made by the President after consultation with the comptroller and Auditor General.' "

11.157.37

President

: Amendment No. 618 of List VI:

     "That for clause (5) of article 148, the following clause be substituted:

     '(5) Subject to the provisions of this Constitution and of any law made by Parliament, the conditions of service of persons serving in the Indian Audit and Accounts Department and the administrative powers of the Comptroller and Auditor-General shall be such as may be prescribed by rules made by the President after consultation with the comptroller and Auditor General.' "

11.157.38

President

: There is amendment No. 593 to this, of Shri Raj Bahadur.

11.157.38

President

: There is amendment No. 593 to this, of Shri Raj Bahadur.

11.157.39

: No. 593 will drop out Sir, because of this amendment. That will no longer be applicable because of this amendment.

11.157.39

: No. 593 will drop out Sir, because of this amendment. That will no longer be applicable because of this amendment.

11.157.40

: I do not want to move it.

11.157.40

: I do not want to move it.

11.157.41

President

: Then I come to article 222, and amendment No. 555 of the Drafting Committee. There is no amendment to that, by any Member.

     "That in clause (1) of article 222, after the words 'The President may' the words 'after consultation with the Chief Justice of India,' be inserted."

11.157.41

President

: Then I come to article 222, and amendment No. 555 of the Drafting Committee. There is no amendment to that, by any Member.

     "That in clause (1) of article 222, after the words 'The President may' the words 'after consultation with the Chief Justice of India,' be inserted."

11.157.42

President

: Then article 288--amendment No. 556. That is also by the Drafting Committee. It was moved yesterday.

11.157.42

President

: Then article 288--amendment No. 556. That is also by the Drafting Committee. It was moved yesterday.

11.157.43

President

  Article 319, amendment 557.

11.157.43

President

  Article 319, amendment 557.

11.157.44

: That was also moved yesterday.

11.157.44

: That was also moved yesterday.

11.157.45

President

: No. 558 was moved yesterday, also 559. Then we come to article 347 and amendment No. 560.

11.157.45

President

: No. 558 was moved yesterday, also 559. Then we come to article 347 and amendment No. 560.

11.157.46

R. K. Sidhva

: What about Nos. 557 and 558 ?

11.157.46

R. K. Sidhva

: What about Nos. 557 and 558 ?

11.157.47

President

: They were moved yesterday. We now come to article 347. Amendment 560.

     "That for article 347, the following article be substituted:

'347. Special provision relating to language spoken by a section of the population of a State.--On a demand being made in that behalf, the President may, if he is satisfied that a substantial proportion of the population of a State desire the use of any language spoken by them to be recognised by that State, direct that such language shall also be officially recognised throughout that State or any part thereof for such purpose as he may specify.' "

11.157.47

President

: They were moved yesterday. We now come to article 347. Amendment 560.

     "That for article 347, the following article be substituted:

'347. Special provision relating to language spoken by a section of the population of a State.--On a demand being made in that behalf, the President may, if he is satisfied that a substantial proportion of the population of a State desire the use of any language spoken by them to be recognised by that State, direct that such language shall also be officially recognised throughout that State or any part thereof for such purpose as he may specify.' "

11.157.48

P. S. Deshmukh

: Sir, before you proceed further, may I request you to allow me to move amendment No. 531 which is consequential to No. 530 ? I will only formally move it from List III. It is a consequential amendment, and if this is accepted, that will be necessary.

11.157.48

P. S. Deshmukh

: Sir, before you proceed further, may I request you to allow me to move amendment No. 531 which is consequential to No. 530 ? I will only formally move it from List III. It is a consequential amendment, and if this is accepted, that will be necessary.

11.157.49

President

: I will take that as moved. When it comes to voting, remind me. I take it as moved.

11.157.49

President

: I will take that as moved. When it comes to voting, remind me. I take it as moved.

11.157.50

P. S. Deshmukh

: It is about an additional article 340A.

     "That after article 340, the following new article be inserted:--

'340A. (1) The President may after consultation with the Governor or Rajpramukh of a State, by public notification, specify the castes, communities or parts of, or groups within castes or communities which shall, for the purposes of this Constitution, be deemed to be 'Backward Classes' in relation to that State.

(2) The Parliament may, by law, include in or exclude from the list of Backward Classes, specified in a notification, issued under clause (1) any caste or community or part of or group within any caste or community but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.' "

11.157.50

P. S. Deshmukh

: It is about an additional article 340A.

     "That after article 340, the following new article be inserted:--

'340A. (1) The President may after consultation with the Governor or Rajpramukh of a State, by public notification, specify the castes, communities or parts of, or groups within castes or communities which shall, for the purposes of this Constitution, be deemed to be 'Backward Classes' in relation to that State.

(2) The Parliament may, by law, include in or exclude from the list of Backward Classes, specified in a notification, issued under clause (1) any caste or community or part of or group within any caste or community but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.' "

11.157.51

: Sir, it is not an amendment, but only a reversion to the original article. Amendment No. 531 is not really an amendment, because it only seeks to retain the original article.

11.157.51

: Sir, it is not an amendment, but only a reversion to the original article. Amendment No. 531 is not really an amendment, because it only seeks to retain the original article.

11.157.52

President

: That is not exactly the case, there are some changes; though there is no change in the substance there is a slight change in the wording.

11.157.52

President

: That is not exactly the case, there are some changes; though there is no change in the substance there is a slight change in the wording.

11.157.53

President

     Well then, we come to amendment No. 605, and that is in the name of Mr. Naziruddin Ahmad.

11.157.53

President

     Well then, we come to amendment No. 605, and that is in the name of Mr. Naziruddin Ahmad.

11.157.54

: I do not wish to move it, Sir.

11.157.54

: I do not wish to move it, Sir.

11.157.55

President

: Article 379.

11.157.55

President

: Article 379.

11.157.56

: Sir, we are accepting amendment No. 418 and so No. 564 need not be moved.

11.157.56

: Sir, we are accepting amendment No. 418 and so No. 564 need not be moved.

11.157.57

P. S. Deshmukh

: Sir, as a last request I would submit that there is only one amendment I am rather keen on moving and that is No. 535 to article 379.

11.157.57

P. S. Deshmukh

: Sir, as a last request I would submit that there is only one amendment I am rather keen on moving and that is No. 535 to article 379.

11.157.58

President

: No, I do not think I can allow that amendment to be moved. It is altogether a new article and it involves a complete reversal of what is contained in those articles. I cannot allow that, I am sorry.

11.157.58

President

: No, I do not think I can allow that amendment to be moved. It is altogether a new article and it involves a complete reversal of what is contained in those articles. I cannot allow that, I am sorry.

11.157.59

President

     Then we come to article 388, and there is amendment No. 566. Mr. Krishnamachari?

11.157.59

President

     Then we come to article 388, and there is amendment No. 566. Mr. Krishnamachari?

11.157.60

: Yes, all those amendments, Nos. 566 to 570 are moved.

     "That in clause (1) of article 388, for the words "the President of the Union", in the two places where they occur, the words "the President of India" be substituted."

     "That in the first proviso to clause (1) of article 388, for the words "mentioned in this article" the words "mentioned in this clause" be substituted.'

     'That in the first proviso to clause (1) of article 388, for the words "representing a State" the words "representing a Province or. as the case may be, a State" be substituted.'

     'That in the second proviso to clause (1) of article 388, for the words "representing a State" the words "representing a Province or a State" be substituted.'

     'That in the second proviso to clause (1) of article 388, for the words "Legislative Assembly of that State" the words "Legislative Assembly of that Province or of the corresponding State or of that State, as the case may be," be substituted.'

11.157.60

: Yes, all those amendments, Nos. 566 to 570 are moved.

     "That in clause (1) of article 388, for the words "the President of the Union", in the two places where they occur, the words "the President of India" be substituted."

     "That in the first proviso to clause (1) of article 388, for the words "mentioned in this article" the words "mentioned in this clause" be substituted.'

     'That in the first proviso to clause (1) of article 388, for the words "representing a State" the words "representing a Province or. as the case may be, a State" be substituted.'

     'That in the second proviso to clause (1) of article 388, for the words "representing a State" the words "representing a Province or a State" be substituted.'

     'That in the second proviso to clause (1) of article 388, for the words "Legislative Assembly of that State" the words "Legislative Assembly of that Province or of the corresponding State or of that State, as the case may be," be substituted.'

11.157.61

President

: Article 388, amendments Nos. 611 and 621.

(Amendment No. 611 was not moved.)

11.157.61

President

: Article 388, amendments Nos. 611 and 621.

(Amendment No. 611 was not moved.)

11.157.62

H. V. Kamath

: Sir, I would like to move amendments Nos. 621, 622 and 623.

11.157.62

H. V. Kamath

: Sir, I would like to move amendments Nos. 621, 622 and 623.

11.157.63

President

: Yes.

11.157.63

President

: Yes.

11.157.64

H. V. Kamath

: Mr. President

     'That with reference to amendment No. 568 of List IV, in the second proviso to clause (1) of article 388, the words and letter "Part A of" be deleted.'

     'That with reference to amendment No. 569 of List IV, in the second proviso to clause (1) of article 388, the words and letter "Part A of" be deleted.'

     'That with reference to amendment No. 570 of List IV, in the second proviso to clause (1) of article 388, for the words "The Legislative Assembly of that State" the words "the Legislative Assembly of that Province or of the Corresponding State or of that State, wherever such Assembly has been constituted" be substituted.'

11.157.64

H. V. Kamath

: Mr. President

     'That with reference to amendment No. 568 of List IV, in the second proviso to clause (1) of article 388, the words and letter "Part A of" be deleted.'

     'That with reference to amendment No. 569 of List IV, in the second proviso to clause (1) of article 388, the words and letter "Part A of" be deleted.'

     'That with reference to amendment No. 570 of List IV, in the second proviso to clause (1) of article 388, for the words "The Legislative Assembly of that State" the words "the Legislative Assembly of that Province or of the Corresponding State or of that State, wherever such Assembly has been constituted" be substituted.'

11.157.65

H. V. Kamath

  These amendments, Sir, arise out of the proviso to clause (1) of article 388. That proviso refers to the filling of seats caused by vacancies on account of persons belonging to the Scheduled Caste, Muslim or Sikh community leaving the Assembly.

11.157.65

H. V. Kamath

  These amendments, Sir, arise out of the proviso to clause (1) of article 388. That proviso refers to the filling of seats caused by vacancies on account of persons belonging to the Scheduled Caste, Muslim or Sikh community leaving the Assembly.

11.157.66

H. V. Kamath

     The difficulty that presents itself to me is this. Under the Cabinet Mission scheme the mode of election to the Constituent Assembly was through and electoral college, consisting of the Members of the provincial legislatures and there were separate electorates also consisting of the General, Sikh and Muslim communities. I could have understood if the reference in this proviso to clause (1) of article 388 was to the General, Sikh and Muslim communities, as adumbrated in the Cabinet Mission scheme under which this Assembly was elected. But, Sir, this proviso mentions the Scheduled Caste Muslims, and Sikhs, but there is no reference to the general community. The Scheduled Castes have been brought in.

11.157.66

H. V. Kamath

     The difficulty that presents itself to me is this. Under the Cabinet Mission scheme the mode of election to the Constituent Assembly was through and electoral college, consisting of the Members of the provincial legislatures and there were separate electorates also consisting of the General, Sikh and Muslim communities. I could have understood if the reference in this proviso to clause (1) of article 388 was to the General, Sikh and Muslim communities, as adumbrated in the Cabinet Mission scheme under which this Assembly was elected. But, Sir, this proviso mentions the Scheduled Caste Muslims, and Sikhs, but there is no reference to the general community. The Scheduled Castes have been brought in.

11.157.67

H. V. Kamath

     Therefore, I feel that we have, to some extent, set aside in this regard the scheme of the Cabinet Mission of 1946 under which this Assembly was constituted. I see no reason why the States specified in Part A of the First Schedule alone should be mentioned here. If you turn to the First Schedule, you find there are three parts: Part A, Part B and Part C. The three units of Part C, namely Ajmer-Merwara, Coorg and Delhi were envisaged in the Cabinet Mission Scheme of 1946. So, whatever was applicable to the States in Part A of the First Schedule must be made applicable to these three States at least of Part C. But in view of this change of the language from General to Scheduled Castes, I think that this article 388 must be made applicable to all the States of the First Schedule, namely States in Part A, States in Part B and States in Part C. It is with this end in view that I have tabled the first two amendments (Nos. 621 and 622), that is, that whatever seat is rendered vacant on account of a member of the Scheduled Castes, or Sikh or Muslim community leaving the Assembly, must be filled, as far as practicable, by a member belonging to that community. This should not be confined only to the States of Part A of the First Schedule, because the States mentioned in Part B, many of them have got legislatures--at least a good number of them. Mysore has got a legislature functioning: Travancore- Cochin have a legislature functioning: Madhya Bharat also has a legislature, I believe. The provision applicable to the States in Part A should, therefore, be made applicable to these States as well.

11.157.67

H. V. Kamath

     Therefore, I feel that we have, to some extent, set aside in this regard the scheme of the Cabinet Mission of 1946 under which this Assembly was constituted. I see no reason why the States specified in Part A of the First Schedule alone should be mentioned here. If you turn to the First Schedule, you find there are three parts: Part A, Part B and Part C. The three units of Part C, namely Ajmer-Merwara, Coorg and Delhi were envisaged in the Cabinet Mission Scheme of 1946. So, whatever was applicable to the States in Part A of the First Schedule must be made applicable to these three States at least of Part C. But in view of this change of the language from General to Scheduled Castes, I think that this article 388 must be made applicable to all the States of the First Schedule, namely States in Part A, States in Part B and States in Part C. It is with this end in view that I have tabled the first two amendments (Nos. 621 and 622), that is, that whatever seat is rendered vacant on account of a member of the Scheduled Castes, or Sikh or Muslim community leaving the Assembly, must be filled, as far as practicable, by a member belonging to that community. This should not be confined only to the States of Part A of the First Schedule, because the States mentioned in Part B, many of them have got legislatures--at least a good number of them. Mysore has got a legislature functioning: Travancore- Cochin have a legislature functioning: Madhya Bharat also has a legislature, I believe. The provision applicable to the States in Part A should, therefore, be made applicable to these States as well.

11.157.68

H. V. Kamath

     My last amendment No. 623 also has a bearing on the subject matter I have just referred to. The amendment suggested by the Drafting Committee says that instead of the words "the Legislative Assembly of that State", the words "Legislative Assembly of that province or the corresponding State or of that State as the case may be" be substituted. This is all right, because the Drafting Committee visualises the application of this article only to the States in Part A of the First Schedule. But my amendment goes further. It makes it more comprehensive; it makes it applicable to all the States in the First Schedule, that is States in Part A, Part B and Part C. We are all aware that in some of the States there is no Legislature functioning. My amendment suggests that wherever there is an Assembly or Legislature functioning in any of the States mentioned in Part A, B or C of the First Schedule, this article must be brought into operation, and not merely in the case of States mentioned in Part A of the First Schedule.

11.157.68

H. V. Kamath

     My last amendment No. 623 also has a bearing on the subject matter I have just referred to. The amendment suggested by the Drafting Committee says that instead of the words "the Legislative Assembly of that State", the words "Legislative Assembly of that province or the corresponding State or of that State as the case may be" be substituted. This is all right, because the Drafting Committee visualises the application of this article only to the States in Part A of the First Schedule. But my amendment goes further. It makes it more comprehensive; it makes it applicable to all the States in the First Schedule, that is States in Part A, Part B and Part C. We are all aware that in some of the States there is no Legislature functioning. My amendment suggests that wherever there is an Assembly or Legislature functioning in any of the States mentioned in Part A, B or C of the First Schedule, this article must be brought into operation, and not merely in the case of States mentioned in Part A of the First Schedule.

11.157.69

H. V. Kamath

     Sir, I move amendments 621, 622 and 623 and commend them to the House for its earnest consideration.

11.157.69

H. V. Kamath

     Sir, I move amendments 621, 622 and 623 and commend them to the House for its earnest consideration.

11.157.70

President

: There is an amendment of the Drafting Committee (No. 574) to article 394.

11.157.70

President

: There is an amendment of the Drafting Committee (No. 574) to article 394.

11.157.71

: Sir, I move:

     "That in article 394 after the figure '60' the figure '324' be inserted, and after the figure '388' the figure '391' be inserted."

11.157.71

: Sir, I move:

     "That in article 394 after the figure '60' the figure '324' be inserted, and after the figure '388' the figure '391' be inserted."

11.157.72

: May I have your permission to say a word about amendment No. 572? I would like to invite the attention of the Drafting Committee and ask them whether they have not considered it necessary to include 366 also in sub-clause (3) of article 392, because article 366 is also to be operative immediately after we pass this Constitution. Article 366 relates to definitions but under the same article the President is also expected to perform certain functions and therefore it must be made permissible for the Governor-General to perform those functions from the date of the commencement of this Constitution on the 26th January.

11.157.72

: May I have your permission to say a word about amendment No. 572? I would like to invite the attention of the Drafting Committee and ask them whether they have not considered it necessary to include 366 also in sub-clause (3) of article 392, because article 366 is also to be operative immediately after we pass this Constitution. Article 366 relates to definitions but under the same article the President is also expected to perform certain functions and therefore it must be made permissible for the Governor-General to perform those functions from the date of the commencement of this Constitution on the 26th January.

11.157.73

President

: But article 366 deals with definitions.

11.157.73

President

: But article 366 deals with definitions.

11.157.74

Shri Jaspat Roy Kapoor

: Under the proposed clause to article 392 it is suggested that the powers conferred on the President by this article, by article 324, by clause (3) of article 367 and by article 391, shall before the commencement of this Constitution be exercisable by the Governor-General of the Dominion of India. It does not refer to article 366. What I submit is that it is perhaps necessary that the powers exercisable by the President under article 366 may also be permitted to be exercised by the Governor-General of India under clause (3) of article 392.

11.157.74

Shri Jaspat Roy Kapoor

: Under the proposed clause to article 392 it is suggested that the powers conferred on the President by this article, by article 324, by clause (3) of article 367 and by article 391, shall before the commencement of this Constitution be exercisable by the Governor-General of the Dominion of India. It does not refer to article 366. What I submit is that it is perhaps necessary that the powers exercisable by the President under article 366 may also be permitted to be exercised by the Governor-General of India under clause (3) of article 392.

11.157.75

President


: There is no power to be exercised under 366--it deals only with definitions.

11.157.75

President


: There is no power to be exercised under 366--it deals only with definitions.

11.157.76

: There are powers there, Sir. May I refer you to clauses (12), (21), (22) and (30) thereof ? These are the various clauses under which the President is expected to perform certain functions.

11.157.76

: There are powers there, Sir. May I refer you to clauses (12), (21), (22) and (30) thereof ? These are the various clauses under which the President is expected to perform certain functions.

11.157.77

: Mr. President, Sir, under article 394, article 366 will come into operation the moment this Constitution is passed. But it is not necessary to vest the Governor-General with the powers of the President in regard to this particular article because, as you have yourself mentioned, there is no function for the Governor- General to exercise contemplated by this article in the mean time. The particular reference to clause (12) of this article no longer applies because clause (12) has been taken away from the interpretation clause and put separately. So far as clauses (21), (22) and (30) are concerned they are powers which will not be exercisable by the Governor-General and there will be no occasion for him to exercise these powers in the interim period until the new Constitution comes into being when the President will take over. I do not think there is any point in the suggestion made by my honourable Friend though I am very grateful to him for pointing out this matter.

11.157.77

: Mr. President, Sir, under article 394, article 366 will come into operation the moment this Constitution is passed. But it is not necessary to vest the Governor-General with the powers of the President in regard to this particular article because, as you have yourself mentioned, there is no function for the Governor- General to exercise contemplated by this article in the mean time. The particular reference to clause (12) of this article no longer applies because clause (12) has been taken away from the interpretation clause and put separately. So far as clauses (21), (22) and (30) are concerned they are powers which will not be exercisable by the Governor-General and there will be no occasion for him to exercise these powers in the interim period until the new Constitution comes into being when the President will take over. I do not think there is any point in the suggestion made by my honourable Friend though I am very grateful to him for pointing out this matter.

11.157.78

: Sir, in amendment No. 572, article 324 is included but it is not brought in to operation by article 394. So there is a mistake here.

11.157.78

: Sir, in amendment No. 572, article 324 is included but it is not brought in to operation by article 394. So there is a mistake here.

11.157.79

President

: There is amendment No. 574 which covers the point you have raised.

11.157.79

President

: There is amendment No. 574 which covers the point you have raised.

11.157.80

President

     Then amendments to the First Schedule.

11.157.80

President

     Then amendments to the First Schedule.

11.157.81

Sir, I move:

     "That in Part A of the First Schedule under the sub-heading 'Territories of States', the paragraph commencing with the words "The territory of the State of Bombay.................' and ending with the words and figure 'Extra-Provincial Jurisdiction Act, 1947' be omitted."

11.157.81

Sir, I move:

     "That in Part A of the First Schedule under the sub-heading 'Territories of States', the paragraph commencing with the words "The territory of the State of Bombay.................' and ending with the words and figure 'Extra-Provincial Jurisdiction Act, 1947' be omitted."

11.157.82

President

: There is amendment No. 613 of Mr. Sidhva to one of these amendments.

11.157.82

President

: There is amendment No. 613 of Mr. Sidhva to one of these amendments.

11.157.83

R. K. Sidhva

: My amendment is:

     "That amendment No. 575 be deleted."

11.157.83

R. K. Sidhva

: My amendment is:

     "That amendment No. 575 be deleted."

11.157.84

R. K. Sidhva

     As we see from the First Schedule there are territories of States mentioned. The first clause refers to State of Assam that is retained. The State of Bengal is retained. But the third clause containing reference to the State of Bombay is going to be omitted. Provision is made regarding other States also. I fail to understand why Bombay has been particularly mentioned in this amendment to be deleted. Nothing is being substituted in its place and I am rather perplexed as to what is the idea in not mentioning the territory of the State of Bombay. I therefore thought that it should not be deleted unless there is specific reason and some provision for a substitution is made. I have already moved my amendment but I would like to understand from the Drafting Committee as to what is their object in seeking to delete this clause. I cannot give my comments on it before I know what is the object in its deletion. I can only state that it should be retained.

11.157.84

R. K. Sidhva

     As we see from the First Schedule there are territories of States mentioned. The first clause refers to State of Assam that is retained. The State of Bengal is retained. But the third clause containing reference to the State of Bombay is going to be omitted. Provision is made regarding other States also. I fail to understand why Bombay has been particularly mentioned in this amendment to be deleted. Nothing is being substituted in its place and I am rather perplexed as to what is the idea in not mentioning the territory of the State of Bombay. I therefore thought that it should not be deleted unless there is specific reason and some provision for a substitution is made. I have already moved my amendment but I would like to understand from the Drafting Committee as to what is their object in seeking to delete this clause. I cannot give my comments on it before I know what is the object in its deletion. I can only state that it should be retained.

11.157.85

Shri K. M. Munshi

: Mr. President, Sir, Mr. Sidhva referred to amendment No. 575. The reason for the deletion is this, that it is no longer necessary because appropriate orders have been passed by the Government of India whereby parts of Sirohi will be covered by the subsequent portion of the Schedule. It will be included in the four lines on top of page 182.

     "The territory of each of the other States in this Part shall comprise the territories which immediately before the commencement of this Constitution were comprised in the corresponding and the territories which, by virtue of an order made under section 290A of the Government of India Act, 1935, were immediately before such commencement being administered as if they formed part of that Province".

11.157.85

Shri K. M. Munshi

: Mr. President, Sir, Mr. Sidhva referred to amendment No. 575. The reason for the deletion is this, that it is no longer necessary because appropriate orders have been passed by the Government of India whereby parts of Sirohi will be covered by the subsequent portion of the Schedule. It will be included in the four lines on top of page 182.

     "The territory of each of the other States in this Part shall comprise the territories which immediately before the commencement of this Constitution were comprised in the corresponding and the territories which, by virtue of an order made under section 290A of the Government of India Act, 1935, were immediately before such commencement being administered as if they formed part of that Province".

11.157.86

Shri K. M. Munshi

 A part of Sirohi will fall under this part of the Schedule and another part of it will fall under the last paragraph on page 183. So it is no longer necessary to have the last lines of this paragraph.

11.157.86

Shri K. M. Munshi

 A part of Sirohi will fall under this part of the Schedule and another part of it will fall under the last paragraph on page 183. So it is no longer necessary to have the last lines of this paragraph.

11.157.87

: On a point of information, Sir. Has a Covenant been signed by the Ruler of Sirohi or by anybody to divide Sirohi into two parts and to merge one part with Bombay and the other with Rajasthan ?

11.157.87

: On a point of information, Sir. Has a Covenant been signed by the Ruler of Sirohi or by anybody to divide Sirohi into two parts and to merge one part with Bombay and the other with Rajasthan ?

11.157.88

Shri K. M. Munshi

: I do not think that question is appropriate here. I am only explaining the constitutional position and why we have omitted this. Any question as to what has been done should be addressed to the proper quarters.

11.157.88

Shri K. M. Munshi

: I do not think that question is appropriate here. I am only explaining the constitutional position and why we have omitted this. Any question as to what has been done should be addressed to the proper quarters.

11.157.89

: Constitutionally it is not in order to divide a State into two parts, unless the people desire to have it. I object to it.

11.157.89

: Constitutionally it is not in order to divide a State into two parts, unless the people desire to have it. I object to it.

11.157.90

Shri K. M. Munshi

: As I said it is a matter of the policy of the Government of India and the honourable Member should address himself to the Honourable the Deputy Prime Minister or the proper authority. It is not for me to explain the matter here.

11.157.90

Shri K. M. Munshi

: As I said it is a matter of the policy of the Government of India and the honourable Member should address himself to the Honourable the Deputy Prime Minister or the proper authority. It is not for me to explain the matter here.

11.157.91

R. K. Sidhva

  : My Friend Mr. Munshi quoted from pages 181 and 182 of the Constitution but he was not very explicit in what he said and I could not understand him.

11.157.91

R. K. Sidhva

  : My Friend Mr. Munshi quoted from pages 181 and 182 of the Constitution but he was not very explicit in what he said and I could not understand him.

11.157.92

President

: The State now falls under one or other of the two categories mentioned in the para. Part of the State falls under the first category and the other part falls under the second category.

11.157.92

President

: The State now falls under one or other of the two categories mentioned in the para. Part of the State falls under the first category and the other part falls under the second category.

11.157.93

R. K. Sidhva

: The new territories of Assam and Bengal are mentioned but Punjab is also a new territory, which has been created by Partition and it should have been there. Otherwise only the last clause should remain.

11.157.93

R. K. Sidhva

: The new territories of Assam and Bengal are mentioned but Punjab is also a new territory, which has been created by Partition and it should have been there. Otherwise only the last clause should remain.

11.157.94

President

: The question which Mr. Sidhva has raised is why Bengal is mentioned and not Punjab, as both have been created on account of partition. I understand that Punjab as it stands new comprises some portions of the States and therefore it will come under this last para; whereas in the case of Bengal no State has been incorporated with Bengal and therefore Bengal is mentioned specially.

11.157.94

President

: The question which Mr. Sidhva has raised is why Bengal is mentioned and not Punjab, as both have been created on account of partition. I understand that Punjab as it stands new comprises some portions of the States and therefore it will come under this last para; whereas in the case of Bengal no State has been incorporated with Bengal and therefore Bengal is mentioned specially.

11.157.95

: Sir, I understand that some orders have been passed regarding Sirohi. Whatever the orders are, I do not want to bother myself with them. But in Schedule I, I want to point out that there are three parts. Part I includes those areas which are called provinces, part II incorporates those areas which are centrally governed and part III incorporates those areas which are now Unions or States. I do not find the name of Sirohi in all these three parts. Now the mere statement that such and such a thing has happened behind a curtain cannot solve the question. Sirohi is no-man's land today. it is not in India according to the Constitution which has been placed before us. It is neither in part I, nor II nor III. Had you retained the words ending with "Extra-Provincial Jurisdiction Act, 1947," Sirohi would have been incorporated in Bombay. But by taking out those words you have taken out Sirohi from Bombay, but you have not put it in either part I, or II or III. So a lacuna has been left in the constitution, and I hope Mr. Munshi or some member of the Drafting Committee would please explain the point, so that I may proceed further.

11.157.95

: Sir, I understand that some orders have been passed regarding Sirohi. Whatever the orders are, I do not want to bother myself with them. But in Schedule I, I want to point out that there are three parts. Part I includes those areas which are called provinces, part II incorporates those areas which are centrally governed and part III incorporates those areas which are now Unions or States. I do not find the name of Sirohi in all these three parts. Now the mere statement that such and such a thing has happened behind a curtain cannot solve the question. Sirohi is no-man's land today. it is not in India according to the Constitution which has been placed before us. It is neither in part I, nor II nor III. Had you retained the words ending with "Extra-Provincial Jurisdiction Act, 1947," Sirohi would have been incorporated in Bombay. But by taking out those words you have taken out Sirohi from Bombay, but you have not put it in either part I, or II or III. So a lacuna has been left in the constitution, and I hope Mr. Munshi or some member of the Drafting Committee would please explain the point, so that I may proceed further.

11.157.96

President

: As far as I understand, Sirohi is not mentioned anywhere and there are so many other States also which are not mentioned anywhere, because they have become integrated with some province or other. Those States which have become integrated with provinces now form part of those provinces. Those which have not become integrated are mentioned separately in Part B. Part of Sirohi has become incorporated in Bombay and part in another province and it is not necessary now to mention it anywhere. Therefore, the last portion of the third para does not now apply. It is not now being governed by the Extra-Provincial Jurisdiction Act. That is as I understand the position.

11.157.96

President

: As far as I understand, Sirohi is not mentioned anywhere and there are so many other States also which are not mentioned anywhere, because they have become integrated with some province or other. Those States which have become integrated with provinces now form part of those provinces. Those which have not become integrated are mentioned separately in Part B. Part of Sirohi has become incorporated in Bombay and part in another province and it is not necessary now to mention it anywhere. Therefore, the last portion of the third para does not now apply. It is not now being governed by the Extra-Provincial Jurisdiction Act. That is as I understand the position.

11.157.97

: I understand what you say, Sir, but I am not very much satisfied with the position.

11.157.97

: I understand what you say, Sir, but I am not very much satisfied with the position.

11.157.98

President

: That is a different matter.

11.157.98

President

: That is a different matter.

11.157.99

: Now Sir, Sirohi has been divided. Rajasthan as it stands does not incorporate Sirohi. I know it. To divide Sirohi without the consent of the people is doing injustice to the people of Sirohi and Rajasthan and perhaps to justice itself. I raise a mild or strong protest against the action of the government behind the curtain in interfering with the Constitution at a time when the Constitution of India is in the making and when the ruler of Sirohi is not in a position to make his say and when the people of Sirohi have already protested against their being incorporated in Bombay. If Shri Gokulbhai who represents Bombay and who once represented Sirohi is satisfied with the position then I will have no objection.

11.157.99

: Now Sir, Sirohi has been divided. Rajasthan as it stands does not incorporate Sirohi. I know it. To divide Sirohi without the consent of the people is doing injustice to the people of Sirohi and Rajasthan and perhaps to justice itself. I raise a mild or strong protest against the action of the government behind the curtain in interfering with the Constitution at a time when the Constitution of India is in the making and when the ruler of Sirohi is not in a position to make his say and when the people of Sirohi have already protested against their being incorporated in Bombay. If Shri Gokulbhai who represents Bombay and who once represented Sirohi is satisfied with the position then I will have no objection.

11.157.100

Kanwar Jaswant Singh

: Sir, in regard to Sirohi a very serious situation has arisen, so far as Rajasthan is concerned. In regard to other Indian States the position is that their Rulers have agreed in a Covenant to incorporate their States either in Provinces or State Unions. So far as Sirohi is concerned the Ruler is an infant and therefore no Covenant has been entered into with that State and as such it cannot be divided or incorporated either with a States Union or a Province. Therefore in this way to divide the State of Sirohi without a proper procedure or any Covenant is most irregular and great injustice is being done to Rajasthan.

11.157.100

Kanwar Jaswant Singh

: Sir, in regard to Sirohi a very serious situation has arisen, so far as Rajasthan is concerned. In regard to other Indian States the position is that their Rulers have agreed in a Covenant to incorporate their States either in Provinces or State Unions. So far as Sirohi is concerned the Ruler is an infant and therefore no Covenant has been entered into with that State and as such it cannot be divided or incorporated either with a States Union or a Province. Therefore in this way to divide the State of Sirohi without a proper procedure or any Covenant is most irregular and great injustice is being done to Rajasthan.

11.157.101

Gokulbbai Daulatram Bhatt

*Mr. President, The question of Sirohi has no doubt, been rather difficult of solution. What I know about this question is this that about a year ago the President of the Regency Council, the Rajmata of Sirohi handed over the administration of the State to the Central Government. She had also requested the Central Government in writing to carry on in its discretion the administration of the State. Since then the administration of the State is being carried as by the Government of Bombay on behalf of the Central Government. Now the question has come up as to the future of Sirohi. It was decided here that some portion of Sirohi should go to Bombay and some to Rajasthan. I was not present here when this decision was taken. It has not yet been finally decided as to what part should go to Bombay and what part to Rajasthan. Nothing has been decided about Mount Abu also. So far as I know no final decision has been taken with regard to these matters. But I know that proper decision will be taken in regard to this matter by Sardar Patel and others in consultation.

11.157.101

Gokulbbai Daulatram Bhatt

*Mr. President, The question of Sirohi has no doubt, been rather difficult of solution. What I know about this question is this that about a year ago the President of the Regency Council, the Rajmata of Sirohi handed over the administration of the State to the Central Government. She had also requested the Central Government in writing to carry on in its discretion the administration of the State. Since then the administration of the State is being carried as by the Government of Bombay on behalf of the Central Government. Now the question has come up as to the future of Sirohi. It was decided here that some portion of Sirohi should go to Bombay and some to Rajasthan. I was not present here when this decision was taken. It has not yet been finally decided as to what part should go to Bombay and what part to Rajasthan. Nothing has been decided about Mount Abu also. So far as I know no final decision has been taken with regard to these matters. But I know that proper decision will be taken in regard to this matter by Sardar Patel and others in consultation.

11.157.102

President

What Mr. Gokulbhai is saying has already been said by Mr. Munshi that orders have been already issued and until such notifications it would remain as it is. That (previous) orders will cease to have any effect after the other notification is available to cancel it.

11.157.102

President

What Mr. Gokulbhai is saying has already been said by Mr. Munshi that orders have been already issued and until such notifications it would remain as it is. That (previous) orders will cease to have any effect after the other notification is available to cancel it.

11.157.103

Gokulbbai Daulatram Bhatt

: One thing, however, has now become clear with regard to this matter. During the last sitting there was a doubt in our minds that the whole of the Sirohi State would go to Bombay. Now it has become clear that only a portion and not the whole of Sirohi would go to Bombay and that a major portion of it is going to be merged with Rajasthan. As I am not aware of all the facts, I cannot say anything more. We the people of Sirohi have thought it in this way that whatever decision is taken by Sardar Patel will be taken with due consideration to the view point of the people of Sirohi and Rajasthan, and that shall be acceptable to us.]

11.157.103

Gokulbbai Daulatram Bhatt

: One thing, however, has now become clear with regard to this matter. During the last sitting there was a doubt in our minds that the whole of the Sirohi State would go to Bombay. Now it has become clear that only a portion and not the whole of Sirohi would go to Bombay and that a major portion of it is going to be merged with Rajasthan. As I am not aware of all the facts, I cannot say anything more. We the people of Sirohi have thought it in this way that whatever decision is taken by Sardar Patel will be taken with due consideration to the view point of the people of Sirohi and Rajasthan, and that shall be acceptable to us.]

11.157.104

: May I speak a few words, Sir ?

11.157.104

: May I speak a few words, Sir ?

11.157.105

President

: But honourable Members must remember that we have to close the discussion at half past eleven.

11.157.105

President

: But honourable Members must remember that we have to close the discussion at half past eleven.

11.157.106

: Sir, I take this opportunity simply to express myself on this point which has been for a long time agitating the minds of the people of Rajasthan. Ever since Sirohi was taken under the administration of’ Bombay as a Centrally administered area, the Provincial Congress Committee and the other Congress committees in Rajputana have been passing resolutions that it should not be taken away from Rajasthan and should be placed under the administration of Rajasthan Government. Yesterday it was in the air that Sirohi has been vivisected, part of it going to Rajasthan and part of it to Bombay. As a matter of fact the people’s desire in this case has been that the hill station of Mount Abu is not in any case taken away from them. Mount Abu is the most beautiful spot and the only hill station in that area, which fascinates the attention and attraction of all the people living there. This has been the only health resort and sanatorium for the people of Rajasthan, who want to go to one. Mount Abu therefore happens to be the apple of discord in this case. It is, therefore, a painful surprise for those who live in Rajasthan that it has been taken away from them. It is, however, not yet clear whether Mount Abu remains with Rajasthan or forms part of Bombay. It would have been much better that if any part of Sirohi were to be partitioned off then this House should have been informed about it in good time and the people told what part goes to Rajasthan and what part to Bombay. At present everything is almost in the dark. We are all in the dark about it and it is really surprising that without even taking the people into confidence and without even consulting the local congress committee this division has been gone through. It is claimed that this Constitution would bear the stamp of the free will and consent of the people of India and of its component parts. I do not think it will be in consonance with this principle that we have accepted if Sirohi is divided into parts without even ascertaining the wishes of the people. We have the utmost respect and admiration for our leader Sardar Vallabhbhai Patel. I implore him that in this case he may kindly note our feelings. If any orders have been passed already I wish that such orders are reconsidered and revised before this constitution is ombayed. The State of Sirohi including Mount Abu should go to the province to which it rightly belongs, and to the people who have made of Mount Abu what it is today.

11.157.106

: Sir, I take this opportunity simply to express myself on this point which has been for a long time agitating the minds of the people of Rajasthan. Ever since Sirohi was taken under the administration of’ Bombay as a Centrally administered area, the Provincial Congress Committee and the other Congress committees in Rajputana have been passing resolutions that it should not be taken away from Rajasthan and should be placed under the administration of Rajasthan Government. Yesterday it was in the air that Sirohi has been vivisected, part of it going to Rajasthan and part of it to Bombay. As a matter of fact the people’s desire in this case has been that the hill station of Mount Abu is not in any case taken away from them. Mount Abu is the most beautiful spot and the only hill station in that area, which fascinates the attention and attraction of all the people living there. This has been the only health resort and sanatorium for the people of Rajasthan, who want to go to one. Mount Abu therefore happens to be the apple of discord in this case. It is, therefore, a painful surprise for those who live in Rajasthan that it has been taken away from them. It is, however, not yet clear whether Mount Abu remains with Rajasthan or forms part of Bombay. It would have been much better that if any part of Sirohi were to be partitioned off then this House should have been informed about it in good time and the people told what part goes to Rajasthan and what part to Bombay. At present everything is almost in the dark. We are all in the dark about it and it is really surprising that without even taking the people into confidence and without even consulting the local congress committee this division has been gone through. It is claimed that this Constitution would bear the stamp of the free will and consent of the people of India and of its component parts. I do not think it will be in consonance with this principle that we have accepted if Sirohi is divided into parts without even ascertaining the wishes of the people. We have the utmost respect and admiration for our leader Sardar Vallabhbhai Patel. I implore him that in this case he may kindly note our feelings. If any orders have been passed already I wish that such orders are reconsidered and revised before this constitution is ombayed. The State of Sirohi including Mount Abu should go to the province to which it rightly belongs, and to the people who have made of Mount Abu what it is today.

11.157.107

President

I do not think any further discussion is necessary. I will ask Mr. Munshi to let the House know the notification under which Sirohi has been divided so that the misgivings of the Members may be removed.

11.157.107

President

I do not think any further discussion is necessary. I will ask Mr. Munshi to let the House know the notification under which Sirohi has been divided so that the misgivings of the Members may be removed.

11.157.108

Shri K. M. Munshi

: There is no such notification.

11.157.108

Shri K. M. Munshi

: There is no such notification.

11.157.109

President

: If there is no Such notification, how can you take notice of it in the Constitution? I understood from you that there was a notification.

11.157.109

President

: If there is no Such notification, how can you take notice of it in the Constitution? I understood from you that there was a notification.

11.157.110

Sardar Vallabhbhai Patel

: Mr. Munshi will not be able to explain it. I shall explain it.

11.157.110

Sardar Vallabhbhai Patel

: Mr. Munshi will not be able to explain it. I shall explain it.

11.157.111

Sardar Vallabhbhai Patel

 Some people of Rajasthan who have come here on behalf of the Congress consider this Mount Abu to be a beautiful spot and therefore say that Rajasthan has a claim on it. There are many beautiful spots in India and that is no justification for claiming Mount Abu. The Rajasthan Congress Committee was told from the very beginning that Sirohi is a part of Gujarat and will go with Bombay. The Congress committee took cudgels with the Ministry and started this cry. Before that, when the annual session of the Congress was held in Rajasthan, Shri Gokulbhai Bhatt, who was the Chief Minister of Sirohi, was also the President of the Rajasthan Congress Committee. Shri Gokulbhai also comes from Gujarat. I asked them whether they wanted Gokulbhai because he was President of the Rajasthan Congress Committee or whether they wanted Sirohi. Really what they wanted was that Gokulbhai, who was elected to the Reception Committee as its Chairman, should continue as the President of the Rajasthan Congress Committee as well. It was difficult for them to keep him there unless Sirohi was in it while our decision was that Sirohi should go to Bombay. Therefore, to accommodate them, we said we would take Sirohi to the Centre for the present but it was to be administered by the Bombay Government. Thus it eventually went to the Bombay Government. There are people in one or two portions of Rajasthan still who want to go to Bombay such is Dungarpur, etc. They are Gujarati people. When this decision was taken after the Congress session was over, the Congress came into Conflict with the Ministry there and as a consequence with the States Ministry also. The Rajasthan representatives who have come here on behalf of the Congress have started this cry that Sirohi should go into Rajasthan. They have removed Shri Gokulbhai Bhatt from the Presidentship of the Congress and have also passed I vote of no-confidence against the Ministry.

11.157.111

Sardar Vallabhbhai Patel

 Some people of Rajasthan who have come here on behalf of the Congress consider this Mount Abu to be a beautiful spot and therefore say that Rajasthan has a claim on it. There are many beautiful spots in India and that is no justification for claiming Mount Abu. The Rajasthan Congress Committee was told from the very beginning that Sirohi is a part of Gujarat and will go with Bombay. The Congress committee took cudgels with the Ministry and started this cry. Before that, when the annual session of the Congress was held in Rajasthan, Shri Gokulbhai Bhatt, who was the Chief Minister of Sirohi, was also the President of the Rajasthan Congress Committee. Shri Gokulbhai also comes from Gujarat. I asked them whether they wanted Gokulbhai because he was President of the Rajasthan Congress Committee or whether they wanted Sirohi. Really what they wanted was that Gokulbhai, who was elected to the Reception Committee as its Chairman, should continue as the President of the Rajasthan Congress Committee as well. It was difficult for them to keep him there unless Sirohi was in it while our decision was that Sirohi should go to Bombay. Therefore, to accommodate them, we said we would take Sirohi to the Centre for the present but it was to be administered by the Bombay Government. Thus it eventually went to the Bombay Government. There are people in one or two portions of Rajasthan still who want to go to Bombay such is Dungarpur, etc. They are Gujarati people. When this decision was taken after the Congress session was over, the Congress came into Conflict with the Ministry there and as a consequence with the States Ministry also. The Rajasthan representatives who have come here on behalf of the Congress have started this cry that Sirohi should go into Rajasthan. They have removed Shri Gokulbhai Bhatt from the Presidentship of the Congress and have also passed I vote of no-confidence against the Ministry.

11.157.112

: More resolutions to place Sirohi in Rajasthan were passed during Shri Gokulbhai’s Presidentship than afterwards.

11.157.112

: More resolutions to place Sirohi in Rajasthan were passed during Shri Gokulbhai’s Presidentship than afterwards.

11.157.113

Sardar Vallabhbhai Patel

: I do not want to be interrupted. I want to explain what the position is.

11.157.113

Sardar Vallabhbhai Patel

: I do not want to be interrupted. I want to explain what the position is.

11.157.114

Sardar Vallabhbhai Patel

 Therefore eventually, in order to accommodate them we sent a special officer to make enquiries. His report was to the effect that a certain portion of Sirohi Should go to Bombay inasmuch as a large majority of the people there asked for it. Sirohi people are divided among themselves except the portion that has to be separated.

11.157.114

Sardar Vallabhbhai Patel

 Therefore eventually, in order to accommodate them we sent a special officer to make enquiries. His report was to the effect that a certain portion of Sirohi Should go to Bombay inasmuch as a large majority of the people there asked for it. Sirohi people are divided among themselves except the portion that has to be separated.

11.157.115

Sardar Vallabhbhai Patel

 Now, if the Rajasthan people want that a portion of Sirohi including the City Should be given to them we are willing to accommodate them. But if they claim the whole of Sirohi, it is impossible to accommodate them.

11.157.115

Sardar Vallabhbhai Patel

 Now, if the Rajasthan people want that a portion of Sirohi including the City Should be given to them we are willing to accommodate them. But if they claim the whole of Sirohi, it is impossible to accommodate them.

11.157.116

Sardar Vallabhbhai Patel

     Then the question is whether they want a division or not. If they do not want a division, then the whole of Sirohi will go to the Bombay province. If they want a division, then a portion of it would go to the Bombay province. A map has been prepared and orders are to be passed before the Constitution comes into force. The map can be shown to them, they can come and see it in the office even now. The gentleman who spoke just now is not from Sirohi. He comes from Bharatpur. He says Abu is a delightful place. Bharatpur is all equally delightful place. Therefore it cannot be claimed by somebody else. It may be that they may not like it, but the fact is that orders have already been passed. They have only been kept over because of the decision of these people. We want still to accommodate them if they can agree to reason. If they do not, then the whole of Sirohi will go, but whatever orders are to be passed will be passed before the Constitution comes into force. But Sirohi by itself as a separate entity will not remain. Either the whole of it will go to Bombay or one portion will go to Rajasthan and one portion will go to Bombay. That is the position. If Sirohi is to be split up, it has to be split up with their consent. Then that will go into two parts. If they do not want separation, then the whole of it will go to Bombay.

11.157.116

Sardar Vallabhbhai Patel

     Then the question is whether they want a division or not. If they do not want a division, then the whole of Sirohi will go to the Bombay province. If they want a division, then a portion of it would go to the Bombay province. A map has been prepared and orders are to be passed before the Constitution comes into force. The map can be shown to them, they can come and see it in the office even now. The gentleman who spoke just now is not from Sirohi. He comes from Bharatpur. He says Abu is a delightful place. Bharatpur is all equally delightful place. Therefore it cannot be claimed by somebody else. It may be that they may not like it, but the fact is that orders have already been passed. They have only been kept over because of the decision of these people. We want still to accommodate them if they can agree to reason. If they do not, then the whole of Sirohi will go, but whatever orders are to be passed will be passed before the Constitution comes into force. But Sirohi by itself as a separate entity will not remain. Either the whole of it will go to Bombay or one portion will go to Rajasthan and one portion will go to Bombay. That is the position. If Sirohi is to be split up, it has to be split up with their consent. Then that will go into two parts. If they do not want separation, then the whole of it will go to Bombay.

11.157.117

President

: I am not concerned at the present moment, Sardar, with the merits of the question whether Sirohi….

11.157.117

President

: I am not concerned at the present moment, Sardar, with the merits of the question whether Sirohi….

11.157.118

Sardar Vallabhbhai Patel

: But the merits were discussed.

11.157.118

Sardar Vallabhbhai Patel

: But the merits were discussed.

11.157.119

President

: But only with orders.

11.157.119

President

: But only with orders.

11.157.120

Sardar Vallabhbhai Patel

: But the division orders are there already.

11.157.120

Sardar Vallabhbhai Patel

: But the division orders are there already.

11.157.121

President

I am not concerned with the merits but I am concerned only with orders. Orders have been passed, so that the amendment which is now proposed represents a state of fact which has been accepted by the States Ministry.

11.157.121

President

I am not concerned with the merits but I am concerned only with orders. Orders have been passed, so that the amendment which is now proposed represents a state of fact which has been accepted by the States Ministry.

11.157.122

Sardar Vallabhbhai Patel

: Yes.

11.157.122

Sardar Vallabhbhai Patel

: Yes.

11.157.123

President

: If that is so, then the amendment can come in, but if it is to come into force in the future, the amendment cannot come in.

11.157.123

President

: If that is so, then the amendment can come in, but if it is to come into force in the future, the amendment cannot come in.

11.157.124

Sardar Vallabhbhai Patel

: The orders are there but the orders could be modified before the Constitution comes into force if they want.

11.157.124

Sardar Vallabhbhai Patel

: The orders are there but the orders could be modified before the Constitution comes into force if they want.

11.157.125

President

: In that case, we cannot take it in the form of an amendment. If we take the order as the final order, then it can come in in the form it has come. Otherwise, if the order is not there, we cannot take it. So, I take it from you that the orders have already been passed…...

11.157.125

President

: In that case, we cannot take it in the form of an amendment. If we take the order as the final order, then it can come in in the form it has come. Otherwise, if the order is not there, we cannot take it. So, I take it from you that the orders have already been passed…...

11.157.126

Sardar Vallabhbhai Patel

: Yes.

11.157.126

Sardar Vallabhbhai Patel

: Yes.

11.157.127

President

And Sirohi has been divided into two parts, one part going to Bombay and one part to Rajasthan.

11.157.127

President

And Sirohi has been divided into two parts, one part going to Bombay and one part to Rajasthan.

11.157.128

Sardar Vallabhbhai Patel

: It is only to accommodate these people it is not published. The order is there.

11.157.128

Sardar Vallabhbhai Patel

: It is only to accommodate these people it is not published. The order is there.

11.157.129

: The arguments advanced by our honourable Friend Sardar Vallabhabhai Patel are in my humble opinion not very weighty. That Sirohi......

11.157.129

: The arguments advanced by our honourable Friend Sardar Vallabhabhai Patel are in my humble opinion not very weighty. That Sirohi......

11.157.130

President

: That is a different matter. I am afraid we are not concerned here with the merits of the question.

11.157.130

President

: That is a different matter. I am afraid we are not concerned here with the merits of the question.

11.157.131

: May I know what language the Sirohi people speak?

11.157.131

: May I know what language the Sirohi people speak?

11.157.132

President

: That I do not know but there are so many States which have been merged in some provinces or the other and in those cases we have accepted the fact of the merger and we have incorporated it in the Constitution. If Sirohi stands on the same footing as the other States, i.e., if Sirohi has been merged with some State or other, then we can accept this amendment. As I understood from Sardar Patel, orders have been passed Sirohi into two parts, one part going to Bombay and the other going to Rajasthan. Then we accept the amendment. Otherwise not. We are not concerned in this House with the merits of the case, whether it has been rightly done or wrongly done.

11.157.132

President

: That I do not know but there are so many States which have been merged in some provinces or the other and in those cases we have accepted the fact of the merger and we have incorporated it in the Constitution. If Sirohi stands on the same footing as the other States, i.e., if Sirohi has been merged with some State or other, then we can accept this amendment. As I understood from Sardar Patel, orders have been passed Sirohi into two parts, one part going to Bombay and the other going to Rajasthan. Then we accept the amendment. Otherwise not. We are not concerned in this House with the merits of the case, whether it has been rightly done or wrongly done.

11.157.133

Kanwar Jaswant Singh

: The Deputy Prime Minister only said that orders are on the file. So long as orders are not issued, they cannot take effect. Therefore, in my opinion, this question cannot be taken up in the Constituent Assembly at this stage. The question of Sirohi has to be deferred to a future date, by when wish of the people of Rajasthan should be obtained.

11.157.133

Kanwar Jaswant Singh

: The Deputy Prime Minister only said that orders are on the file. So long as orders are not issued, they cannot take effect. Therefore, in my opinion, this question cannot be taken up in the Constituent Assembly at this stage. The question of Sirohi has to be deferred to a future date, by when wish of the people of Rajasthan should be obtained.

11.157.134

President

: They have been passed, as I understood from Sardar Patel.

11.157.134

President

: They have been passed, as I understood from Sardar Patel.

11.157.135

President

 Then we pass on to the other amendments.

11.157.135

President

 Then we pass on to the other amendments.

11.157.136

: Sir, I move:

     "That in Part B of the First Schedule, for the paragraph under the sub-heading 'Territories of States', the following paragraph be substituted:--

     'The territory of each of the States in this Part shall comprise the territory which immediately before the commencement of this Constitution was comprised in the corresponding Indian State, and--

(a) in the case of each of the States of Rajasthan and Saurashtra, shall also comprise the territories which immediately before such commencement were being administered by the Government of the corresponding State, whether under the provisions of the Extra-Provincial Jurisdiction Act, 1947, or otherwise; and

(b) in the case of the State of Madhya Bharat, shall also comprise the territory which immediately before such commencement was comprised in the Chief Commissioner's Province of Panth Piploda.'

     "That in Part C of the First Schedule, for the first two paragraphs under the sub-heading 'Territories of States' the following paragraph be substituted:--

     'The territory of each of the States of Ajmer, Coorg and Delhi shall comprise the territory which immediately before the commencement of this Constitution was comprised in the Chief Commissioner's Province of Ajmer-Merwara, Coorg and Delhi, respectively.' "

     "That in List of the Seventh Schedule, for entry 8, of the following entry be substituted:--

     "8. Central Bureau of Intelligence and Investigation."

11.157.136

: Sir, I move:

     "That in Part B of the First Schedule, for the paragraph under the sub-heading 'Territories of States', the following paragraph be substituted:--

     'The territory of each of the States in this Part shall comprise the territory which immediately before the commencement of this Constitution was comprised in the corresponding Indian State, and--

(a) in the case of each of the States of Rajasthan and Saurashtra, shall also comprise the territories which immediately before such commencement were being administered by the Government of the corresponding State, whether under the provisions of the Extra-Provincial Jurisdiction Act, 1947, or otherwise; and

(b) in the case of the State of Madhya Bharat, shall also comprise the territory which immediately before such commencement was comprised in the Chief Commissioner's Province of Panth Piploda.'

     "That in Part C of the First Schedule, for the first two paragraphs under the sub-heading 'Territories of States' the following paragraph be substituted:--

     'The territory of each of the States of Ajmer, Coorg and Delhi shall comprise the territory which immediately before the commencement of this Constitution was comprised in the Chief Commissioner's Province of Ajmer-Merwara, Coorg and Delhi, respectively.' "

     "That in List of the Seventh Schedule, for entry 8, of the following entry be substituted:--

     "8. Central Bureau of Intelligence and Investigation."

11.157.137

President

: Amendment No. 542. I do not think I can take that. It is too late.

11.157.137

President

: Amendment No. 542. I do not think I can take that. It is too late.

11.157.138

: Sir, I move: 

'Sixth Schedule

     "That clause (g) of sub-paragraph (1) of paragraph 3 be omitted, and the remaining clauses '(b), (i), (j) and (k)' be relettered as (g), (h), (i) and (j)' respectively."

     "That to paragraph 4, the following sub-paragraph be added:--

     '(4) The Regional Council or the District Council, as the case may be, may with the previous approval of the Governor make rules regulating--

(a) the constitution of village councils and courts and the powers to be exercised by them under this paragraph;

(b) the procedure to be followed by village councils or courts in the trial of suits and cases under sub-paragraph (1) of this paragraph;

(c) the procedure to be followed by the District or Regional Council or courts constituted by such Council in appeals and other proceedings under sub-paragraph (2) of this paragraph;

(d) the enforcement of decisions and orders of such councils and courts;

(e) all other ancillary matters for the carrying out of the provisions of subparagraphs (1) and (2) of this paragraph.' "

     "That in sub-paragraph (3) of paragraph (5), for the words 'and the Governor may by rules prescribe the procedure to be followed at such trial' the words and figure 'to which the provisions of this paragraph or paragraph 4 apply' be substituted."

     "That in the proviso to sub-paragraph (2) of paragraph 20, for the words, brackets and letters 'clauses (e), (f) and (g)' the words, brackets and letters 'clauses (e) and (f)' be substituted.' "

11.157.138

: Sir, I move: 

'Sixth Schedule

     "That clause (g) of sub-paragraph (1) of paragraph 3 be omitted, and the remaining clauses '(b), (i), (j) and (k)' be relettered as (g), (h), (i) and (j)' respectively."

     "That to paragraph 4, the following sub-paragraph be added:--

     '(4) The Regional Council or the District Council, as the case may be, may with the previous approval of the Governor make rules regulating--

(a) the constitution of village councils and courts and the powers to be exercised by them under this paragraph;

(b) the procedure to be followed by village councils or courts in the trial of suits and cases under sub-paragraph (1) of this paragraph;

(c) the procedure to be followed by the District or Regional Council or courts constituted by such Council in appeals and other proceedings under sub-paragraph (2) of this paragraph;

(d) the enforcement of decisions and orders of such councils and courts;

(e) all other ancillary matters for the carrying out of the provisions of subparagraphs (1) and (2) of this paragraph.' "

     "That in sub-paragraph (3) of paragraph (5), for the words 'and the Governor may by rules prescribe the procedure to be followed at such trial' the words and figure 'to which the provisions of this paragraph or paragraph 4 apply' be substituted."

     "That in the proviso to sub-paragraph (2) of paragraph 20, for the words, brackets and letters 'clauses (e), (f) and (g)' the words, brackets and letters 'clauses (e) and (f)' be substituted.' "

11.157.139

President

: This completes list VI. Then there are three amendments in List VIII.

11.157.139

President

: This completes list VI. Then there are three amendments in List VIII.

11.157.140

: Sir, I move:

     "That in article 106, for the words 'Constituent Assembly of India' the words 'Constituent Assembly of the Dominion of India' be substituted."

     "That in clause (3) of article 348, for the words 'shall for the purposes of the said clause be deemed to be the authoritative text thereof' the words 'shall be deemed to be the authoritative text thereof in the English language under this article,' be substituted."

11.157.140

: Sir, I move:

     "That in article 106, for the words 'Constituent Assembly of India' the words 'Constituent Assembly of the Dominion of India' be substituted."

     "That in clause (3) of article 348, for the words 'shall for the purposes of the said clause be deemed to be the authoritative text thereof' the words 'shall be deemed to be the authoritative text thereof in the English language under this article,' be substituted."

11.157.141

President

: I take amendments.* Nos. 615 and 616 as moved. No. 630 by Mr. Chaliha.

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