But I have objection to the inclusion of “other body corporate“. A body corporate is one like the Damodar Valley Corporation, or the Industrial Finance Corporation. They are semi-government authorities established by Government under the authorities of specific Acts. In such cases also, a reference to the Public Service Commission may be desirable. But there are other classes of body corporate such a public or private Limited Companies. They are private bodies though “bodies corporate“, and their affairs concern the shareholders. But, for the protection of the interests of the shareholders and the public at large some Government control is provided. With regard to the appointments that such concerns make for carrying on their affairs I think it would be improper to introduce the system of reference to the Public Service Commission. In business, efficiency is the sole test. It may be that a man who is not very literate may have high professional experience. I know of experts who work in coal mines and in steel and iron factories and other such undertakings who, by mere look can tell the quality of coal or the percentage of iron or steel in a sample of iron ore. They are experts in their line and paid highly though not possessing the usual academic qualifications. If their cases are placed before the Public Service Commission they will be absolutely nowhere. They are not graduates of any university and, according to all accepted standards, they will be nowhere. In fact, the appointment of managers and managing agents or experts to look after the affairs of a business concern does not require any qualifications except experience and efficiency. They are known to their employees but cannot be ascertained or judged by the Public Service Commission. Reference of such cases to the Public Service Commission would create difficulties and deadlocks and lead to inefficiency and delay in the execution of the business of the company concerned. I should therefore think that ‘companies‘ within the meaning of the Companies Act are corporate bodies, but I believe they are not intended to be governed by this article. I think their inclusion was not intended. But this will be the logical meaning of the words “or other body corporate” in the article. Public companies and banking companies would be certainly ‘body corporate‘. But obviously they are not fit subjects to be brought within the jurisdiction of Public Service Commission. Therefore this limitation on the Commission would be desirable. If we introduce words which are needlessly comprehensive, without limiting their application, the result will be that in private business houses and concerns of that type State interference will be intolerable and would lead to inefficiency. I therefore submit that this exception should be clearly provided in the Constitution.
