From the speeches which have been made on article 13 and article 8 and the words “existing law” which occur in some of the provisos to article 13, it seems to me that there is a good deal of misunderstanding about what is exactly intended to be done with regard to existing law. Now the fundamental article is article 8 which specifically, without any kind of reservation, says that any existing law which is inconsistent with the Fundamental Rights as enacted in this part of the Constitution is void. That is a fundamental proposition and I have no doubt about it that any trained lawyer, if he was asked to interpret the words “existing law” occurring in the sub-clauses to article 13, would read “existing law” in so far as it is not inconsistent with the fundamental rights. There is no doubt that is the way in which the phrase “existing law” in the sub-clauses would be interpreted. It is unnecessary to repeat the proposition stated in article 8 every time the phrase “existing law” occurs, because it is a rule of interpretation that for interpreting any law, all relevant sections shall be taken into account and read in such a way that one section is reconciled with another. Therefore the Drafting Committee felt that they have laid down in article 8 the full and complete proposition that any existing law, in so far as it is inconsistent with the Fundamental Rights, will stand abrogated. The Drafting Committee did not feel it necessary to incorporate some such qualification in using the phrase “existing law” in the various clauses where these words occur. As I see, many people have not been able to read the clause in that way. In reading “existing law”, they seem to forget what has already been stated in article 8. In order to remove the misunderstanding that is likely to be caused in a layman’s mind, I have brought forward this amendment to sub-clauses (3), (4), (5) and (6). I will read for illustration sub-clause (3) with my amendment.
“Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law, imposing in the interests of public order.”