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

TAKING THE PLEDGE AND SIGNING THE REGISTER

TAKING THE PLEDGE AND SIGNING THE REGISTER

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 I understand that there are two Members who have to take the Pledge and sign the Register.

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 I understand that there are two Members who have to take the Pledge and sign the Register.

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The following Member took the pledge and signed the register:--

     Shri M. R. Masani.

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The following Member took the pledge and signed the register:--

     Shri M. R. Masani.

DRAFT CONSTITUTION

DRAFT CONSTITUTION

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: We have now to take up the consideration of the Draft Constitution.

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: We have now to take up the consideration of the Draft Constitution.

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: Mr. President I wish to draw your attention to the Resolution I have given notice of in connection with the sending of a message by the Constituent Assembly to the people of Indonesia for their having achieved their freedom after a great struggle. I think the proper body to send such a message is the Constituent Assembly of India who have achieved freedom and are preparing the Constitution. The Indonesian people are also preparing their Constitution. Sir, if my Resolution is not to taken up here, I request you as President to send a telegram of congratulation and felicitation.

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: Mr. President I wish to draw your attention to the Resolution I have given notice of in connection with the sending of a message by the Constituent Assembly to the people of Indonesia for their having achieved their freedom after a great struggle. I think the proper body to send such a message is the Constituent Assembly of India who have achieved freedom and are preparing the Constitution. The Indonesian people are also preparing their Constitution. Sir, if my Resolution is not to taken up here, I request you as President to send a telegram of congratulation and felicitation.

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 : I propose to place the notice of that Resolution before a meeting of the Steering Committee and take such steps as we are adviced by that Committee.

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 : I propose to place the notice of that Resolution before a meeting of the Steering Committee and take such steps as we are adviced by that Committee.

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     We have now to take up the consideration of the Report or the Drafting Committee together with the amendments made by the Drafting Committee and other amendments of which we have received notice. I propose to explain the procedure which I wish to follow in this connection. After the motion for the consideration of the Report has been passed, the amendments will be taken up. Those amendments of which notice has been given by the Drafting Committee will be taken as moved and there will be no formal motion with regard to the amendments included in the Report of the Drafting Committee.

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     We have now to take up the consideration of the Report or the Drafting Committee together with the amendments made by the Drafting Committee and other amendments of which we have received notice. I propose to explain the procedure which I wish to follow in this connection. After the motion for the consideration of the Report has been passed, the amendments will be taken up. Those amendments of which notice has been given by the Drafting Committee will be taken as moved and there will be no formal motion with regard to the amendments included in the Report of the Drafting Committee.

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     As regards the amendments of the Drafting Committee, they are of two kinds. Many amendments have been incorporated in the Report and printed in italics in the copy of the Constitution which is now in the hands of the honourable Members. There are certain other amendments of which we have received notice from the Drafting Committee but which are not included in the Report or printed in the Draft Constitution. So far as those amendments are concerned which are included in the Report and indicated in italics, the Members have had an opportunity to send in amendments and they have given notice of amendments to them. But so far as these new amendments of which the Drafting Committee has given notice now are concerned, the Members have had no notice and no opportunity of giving notice of amendments. I would allow amendments to those amendments which are now included in the Second List of Amendments till we start work tomorrow morning. Honourable Members will thus have time to consider these new amendments and give notice of amendments, if they wish, till tomorrow morning. As regards the procedure to be followed in considering the amendments, under the rules which were adopted in the last session, I think no amendment which does not arise out of any amendment which is moved on behalf of the Drafting Committee will be in order. So I propose not to take those amendments unless in the case of any particular amendment I find that there is any special reason to make an exception. The rules have given me that discretion and I shall consider any particular amendment which does not come under the rules but which I consider to be reasonable and necessary and permit it to be moved. At present I must say that I do not feel it advisable to admit any of those amendments which are outside the rules. But I am open to consider the matter further and if any honourable Member draws my attention--not in the House but in writing--to any particular amendments to which he attaches special importance, I shall consider that amendment specially and allow that to be moved or not as I deem fit.

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     As regards the amendments of the Drafting Committee, they are of two kinds. Many amendments have been incorporated in the Report and printed in italics in the copy of the Constitution which is now in the hands of the honourable Members. There are certain other amendments of which we have received notice from the Drafting Committee but which are not included in the Report or printed in the Draft Constitution. So far as those amendments are concerned which are included in the Report and indicated in italics, the Members have had an opportunity to send in amendments and they have given notice of amendments to them. But so far as these new amendments of which the Drafting Committee has given notice now are concerned, the Members have had no notice and no opportunity of giving notice of amendments. I would allow amendments to those amendments which are now included in the Second List of Amendments till we start work tomorrow morning. Honourable Members will thus have time to consider these new amendments and give notice of amendments, if they wish, till tomorrow morning. As regards the procedure to be followed in considering the amendments, under the rules which were adopted in the last session, I think no amendment which does not arise out of any amendment which is moved on behalf of the Drafting Committee will be in order. So I propose not to take those amendments unless in the case of any particular amendment I find that there is any special reason to make an exception. The rules have given me that discretion and I shall consider any particular amendment which does not come under the rules but which I consider to be reasonable and necessary and permit it to be moved. At present I must say that I do not feel it advisable to admit any of those amendments which are outside the rules. But I am open to consider the matter further and if any honourable Member draws my attention--not in the House but in writing--to any particular amendments to which he attaches special importance, I shall consider that amendment specially and allow that to be moved or not as I deem fit.

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     When an amendment to an amendment is moved, I do not know whether Members would like to discuss each separately, but then we have a limited time at our disposal and all this process of disposing of all the amendments must be finished by one o'clock day after tomorrow. Under the rules I could give only two days for this business, but I have stretched the point in favour of the Members by fixing the time up to one o'clock on Wednesday. I have done this because I feel that the previous consideration of the motion might take a little time today and it would not be fair to the Members to give them less than two days for considering all the amendments. Therefore I would suggest that if any Member wishes to speak about any amendment of his own, he will confine his remarks to the barest minimum possible, so that we may have more time for other Members.

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     When an amendment to an amendment is moved, I do not know whether Members would like to discuss each separately, but then we have a limited time at our disposal and all this process of disposing of all the amendments must be finished by one o'clock day after tomorrow. Under the rules I could give only two days for this business, but I have stretched the point in favour of the Members by fixing the time up to one o'clock on Wednesday. I have done this because I feel that the previous consideration of the motion might take a little time today and it would not be fair to the Members to give them less than two days for considering all the amendments. Therefore I would suggest that if any Member wishes to speak about any amendment of his own, he will confine his remarks to the barest minimum possible, so that we may have more time for other Members.

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     I hope all the amendments to the amendments of the Drafting Committee, except those contained in List II, will be moved in the course of this day and tomorrow we may take up the amendments to List II of Amendments. We may have a discussion of all the amendments tomorrow. I must put them all to vote day after tomorrow, say by about twelve of the clock, and finish the voting by one of the clock day after tomorrow. This is the procedure which I propose to follow. I trust this will give an opportunity for all important amendments to be discussed and also for expediting the work.

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     I hope all the amendments to the amendments of the Drafting Committee, except those contained in List II, will be moved in the course of this day and tomorrow we may take up the amendments to List II of Amendments. We may have a discussion of all the amendments tomorrow. I must put them all to vote day after tomorrow, say by about twelve of the clock, and finish the voting by one of the clock day after tomorrow. This is the procedure which I propose to follow. I trust this will give an opportunity for all important amendments to be discussed and also for expediting the work.

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 : I want to know whether we will have two sittings today.

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 : I want to know whether we will have two sittings today.

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: We shall sit every day from tomorrow from 10 o'clock to 1 o'clock and from 3 o'clock to 5 o'clock.

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: We shall sit every day from tomorrow from 10 o'clock to 1 o'clock and from 3 o'clock to 5 o'clock.

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 : Why not today also.

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 : Why not today also.

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: Yes, today also.

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: Yes, today also.

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: With regard to the time fixed for the consideration of the amendments to the Draft Constitution as revised, under the rules adopted in the Assembly last time you have powers to relax or suspend any of the rules.

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: With regard to the time fixed for the consideration of the amendments to the Draft Constitution as revised, under the rules adopted in the Assembly last time you have powers to relax or suspend any of the rules.

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: I am not inclined to extend the time beyond 1 o'clock day after tomorrow. Within that time I shall be prepared to relax any of the rules which I consider need relaxation.

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: I am not inclined to extend the time beyond 1 o'clock day after tomorrow. Within that time I shall be prepared to relax any of the rules which I consider need relaxation.

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: Sir, are you going to take the amendments in italics article by article ? If you do, it will be difficult for us to finish the work within the prescribed time. Moreover, in certain cases, the changes are such that they are absolutely new and which we have not discussed before. Some changes have been introduced which were not discussed in the House at all. In such cases Members may like to oppose those amendments.

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: Sir, are you going to take the amendments in italics article by article ? If you do, it will be difficult for us to finish the work within the prescribed time. Moreover, in certain cases, the changes are such that they are absolutely new and which we have not discussed before. Some changes have been introduced which were not discussed in the House at all. In such cases Members may like to oppose those amendments.

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: Members may depend upon my discretion to decide such cases.

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: Members may depend upon my discretion to decide such cases.

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: I have a point of order.

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: I have a point of order.

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: How can a point of order be raised on the observations of the Chair ?

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: How can a point of order be raised on the observations of the Chair ?

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: I have nothing to say against the observations of the Chair.

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: I have nothing to say against the observations of the Chair.

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 : How can a point of order be raised when there is nothing before the House ?

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 : How can a point of order be raised when there is nothing before the House ?

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: I think the honourable Member only wants to make some observations as some other Members have done.

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: I think the honourable Member only wants to make some observations as some other Members have done.

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 I do not want to obstruct the proceedings. Sir, you have kindly observed that the amendments put before the House today during this session should be relevant to the amendments made by the Drafting Committee. That I submit, should apply not only to out amendments but also to the amendments proposed by the Drafting Committee. If any amendment of ours is outside the scope of being relevant to the amendments already suggested by the Drafting Committee, it should go. I quite agree; but along with it, I think, must also go the amendments proposed by the Drafting Committee which were circulated last night. Amendments to amendments again must be governed by the same rules. Our rules do not make any distinction between further amendments to be moved by the Drafting Committee and the amendments to be moved by the Members. So they should either sink or swim together. I ask you whether you would consider the later amendments suggested by the Drafting Committee on the same basis as our amendments.

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 I do not want to obstruct the proceedings. Sir, you have kindly observed that the amendments put before the House today during this session should be relevant to the amendments made by the Drafting Committee. That I submit, should apply not only to out amendments but also to the amendments proposed by the Drafting Committee. If any amendment of ours is outside the scope of being relevant to the amendments already suggested by the Drafting Committee, it should go. I quite agree; but along with it, I think, must also go the amendments proposed by the Drafting Committee which were circulated last night. Amendments to amendments again must be governed by the same rules. Our rules do not make any distinction between further amendments to be moved by the Drafting Committee and the amendments to be moved by the Members. So they should either sink or swim together. I ask you whether you would consider the later amendments suggested by the Drafting Committee on the same basis as our amendments.

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     So far as the amendments suggested by the Drafting Committee in the revised draft are concerned, in some cases the changes have not been indicated in the text. In some cases they have been shown in italics, In some cases important changes have not been indicated at all. So, it would be extremely difficult for you and for the office to find out whether our amendments are relevant amendments to the amendments made. This is a very difficult matter. I ask you to consider all these.

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     So far as the amendments suggested by the Drafting Committee in the revised draft are concerned, in some cases the changes have not been indicated in the text. In some cases they have been shown in italics, In some cases important changes have not been indicated at all. So, it would be extremely difficult for you and for the office to find out whether our amendments are relevant amendments to the amendments made. This is a very difficult matter. I ask you to consider all these.

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     Then I should like to make a suggestion that amendments which may be strictly outside the scope of the rules may be considered by the draftsmen. I would like the draftsmen to consider them and in case they are agreeable, I submit that those amendments, although they are strictly outside the rules, may be allowed to be moved. I submit that they may improve the text and they should not be allowed to be ruled out on mere technical grounds. I think these things should be carefully considered.

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     Then I should like to make a suggestion that amendments which may be strictly outside the scope of the rules may be considered by the draftsmen. I would like the draftsmen to consider them and in case they are agreeable, I submit that those amendments, although they are strictly outside the rules, may be allowed to be moved. I submit that they may improve the text and they should not be allowed to be ruled out on mere technical grounds. I think these things should be carefully considered.

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 : As regards the first point raised by Mr. Naziruddin Ahmad with regard to the amendments of which notice has been given by the Drafting Committee now and which are contained in List II, I think the discretion given to me under the rules is intended to cover such cases and I shall use my discretion in regard to those amendments and also in regard to other amendments too, but naturally the amendments of which notice has been given by the Drafting Committee have a certain value which does not attach to every amendment of which notice has been given by every private member. Subject to that, I shall consider those amendments also and use my discretion. If I find that any amendment really does not arise, I will rule that out.

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 : As regards the first point raised by Mr. Naziruddin Ahmad with regard to the amendments of which notice has been given by the Drafting Committee now and which are contained in List II, I think the discretion given to me under the rules is intended to cover such cases and I shall use my discretion in regard to those amendments and also in regard to other amendments too, but naturally the amendments of which notice has been given by the Drafting Committee have a certain value which does not attach to every amendment of which notice has been given by every private member. Subject to that, I shall consider those amendments also and use my discretion. If I find that any amendment really does not arise, I will rule that out.

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: What about my other point, Sir, that the draftsmen should consider all formal amendments and if they are acceptable to them they should be allowed ?

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: What about my other point, Sir, that the draftsmen should consider all formal amendments and if they are acceptable to them they should be allowed ?

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: As regards those amendments, I expect that the Drafting Committee has been considering all these amendments and if they have not done so up till now, they will do that. It is for that reason that I do not wish to put any amendment to the vote now but put them to the vote only day after tomorrow so that in the meantime the Drafting Committee may have time to consider those amendments on their merits. If it is inclined to accept any of them, they may be accepted, or if the Drafting Committee is inclined to accept any of the amendments which do not come under the first class of amendments but are amendments to amendments, they can do so. I shall take up on Wednesday all these amendments at one time. For this reason I think I would not put to the vote any amendment at this stage, in order to give time to everybody to consider the amendments so that we may have the best consideration given to each amendment.

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: As regards those amendments, I expect that the Drafting Committee has been considering all these amendments and if they have not done so up till now, they will do that. It is for that reason that I do not wish to put any amendment to the vote now but put them to the vote only day after tomorrow so that in the meantime the Drafting Committee may have time to consider those amendments on their merits. If it is inclined to accept any of them, they may be accepted, or if the Drafting Committee is inclined to accept any of the amendments which do not come under the first class of amendments but are amendments to amendments, they can do so. I shall take up on Wednesday all these amendments at one time. For this reason I think I would not put to the vote any amendment at this stage, in order to give time to everybody to consider the amendments so that we may have the best consideration given to each amendment.

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 Now, as regards the time for moving any amendment, I would not like to give more than five minutes. If on the other hand, as has been pointed out by Mr. MahavirTyagi, there is any amendment which is a substantial amendment and which goes beyond the decision of the Constituent Assembly in its previous session, probably I might give a little more time for discussion. I might allow some speeches on those amendments.

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 Now, as regards the time for moving any amendment, I would not like to give more than five minutes. If on the other hand, as has been pointed out by Mr. MahavirTyagi, there is any amendment which is a substantial amendment and which goes beyond the decision of the Constituent Assembly in its previous session, probably I might give a little more time for discussion. I might allow some speeches on those amendments.

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: Members should not make speeches on merely formal amendments.

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: Members should not make speeches on merely formal amendments.

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: I hope that Members will not insist on delivering speeches because they will remember, as I have already said, that we have got to finish by 1 o'clock day after tomorrow. If they insist on making speeches on amendments which are of an inconsequential or unnecessary nature, they will be only taking up the time of the House which should actually be reserved for discussion of the more important ones.

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: I hope that Members will not insist on delivering speeches because they will remember, as I have already said, that we have got to finish by 1 o'clock day after tomorrow. If they insist on making speeches on amendments which are of an inconsequential or unnecessary nature, they will be only taking up the time of the House which should actually be reserved for discussion of the more important ones.

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: Sir, the amendments of the Drafting Committee leave one rather cold in respect of some matters. The Drafting Committee has gone beyond its powers in putting forth amendments which are against the considered verdict of the House. The House defeated some amendments but those amendments have been re- incorporated. My humble submission is that in the third reading it is beyond the powers of the Drafting Committee so to arrange matters that the previous amendments which were carried by the House are tampered with. My humble submission is that those amendments which were defeated before and which were the subject matter of discussion in the House should not be touched in the third reading at all.

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: Sir, the amendments of the Drafting Committee leave one rather cold in respect of some matters. The Drafting Committee has gone beyond its powers in putting forth amendments which are against the considered verdict of the House. The House defeated some amendments but those amendments have been re- incorporated. My humble submission is that in the third reading it is beyond the powers of the Drafting Committee so to arrange matters that the previous amendments which were carried by the House are tampered with. My humble submission is that those amendments which were defeated before and which were the subject matter of discussion in the House should not be touched in the third reading at all.

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     The Drafting Committee were only allowed to make formal and consequential amendments and such amendments which were absolutely necessary. Necessary amendment does not mean that they sit as a revising body over the considered verdict of the House, and therefore my humble submission is that so far as these amendments are concerned, they ought to be ruled out as inadmissible. When the amendments come, it must be decided on merits whether those amendments should be allowed or not.

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     The Drafting Committee were only allowed to make formal and consequential amendments and such amendments which were absolutely necessary. Necessary amendment does not mean that they sit as a revising body over the considered verdict of the House, and therefore my humble submission is that so far as these amendments are concerned, they ought to be ruled out as inadmissible. When the amendments come, it must be decided on merits whether those amendments should be allowed or not.

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: As I have said, I shall consider each amendment on its merits and Mr. Thakur Das Bhargava has not said anything which requires any further reconsideration. What he has said is covered by what I have said already.

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: As I have said, I shall consider each amendment on its merits and Mr. Thakur Das Bhargava has not said anything which requires any further reconsideration. What he has said is covered by what I have said already.

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 : Is Wednesday 1 o'clock absolutely final ?

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 : Is Wednesday 1 o'clock absolutely final ?

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: Yes, it is final.

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: Yes, it is final.

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: Mr. President, Sir, I have to present the report of the Drafting Committee together with the Draft Constitution of India as revised by the Committee under rule 38-R or the Constituent Assembly rules. Sir, I move--

     "That the amendments recommended by the Drafting Committee in the Draft Constitution of India be taken into consideration."

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: Mr. President, Sir, I have to present the report of the Drafting Committee together with the Draft Constitution of India as revised by the Committee under rule 38-R or the Constituent Assembly rules. Sir, I move--

     "That the amendments recommended by the Drafting Committee in the Draft Constitution of India be taken into consideration."

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     Sir, I do not propose to make any very long statement on the report or on the recommendations made by the Drafting Committee for the purpose of revising or altering the articles as they were passed at the last session of this Assembly. The only thing that I wish to say is that I would not like to apologise to the House for the long list of corrigenda which has been placed before the House or the supplementary list of amendments included in List II. In my judgment it would have been much better if the Drafting Committee had been able to avoid this long list of corrigenda and the supplementary list of amendments contained in List II, but the House will realise the Stress Of time under which the Drafting Committee had been working. It is within the knowledge of all the Members of the House that the last session of the Constituent Assembly ended on the 17th of October. Today is the 14th of November. Obviously, there was not even one full month available for the Drafting Committee to carry out this huge task of examining not less than 395 articles which are now part of the Constitution. As I said, the Drafting Committee had not even one month, but that even is not a correct statement, because according to Rule 38-R and other rules, the Drafting Committee was required to circulate the Draft. Constitution as revised by them five days before this session of the House. As a matter of fact the Constitution was circulated on the 6th of November, practically eight days before the commencement of this session. Consequently the time available for the Drafting Committee was shorter by eight days. Again, must be taken into consideration that in order to enable the Drafting Committee to send out the Draft Constitution in time, they had to hand over the draft they had prepared to the printer some days in advance to be able to obtain the copies some time before they were actually despatched. The draft was handed over to the printer on the 4th of November. It will be seen that the printer had only one day practically to carry out the alterations and the amendments suggested by the Drafting Committee. It is impossible either for the printer or for the Drafting Committee or the gentleman in charge of proof corrections to produce a correct copy of such a huge document containing 395 articles with in one day.

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     Sir, I do not propose to make any very long statement on the report or on the recommendations made by the Drafting Committee for the purpose of revising or altering the articles as they were passed at the last session of this Assembly. The only thing that I wish to say is that I would not like to apologise to the House for the long list of corrigenda which has been placed before the House or the supplementary list of amendments included in List II. In my judgment it would have been much better if the Drafting Committee had been able to avoid this long list of corrigenda and the supplementary list of amendments contained in List II, but the House will realise the Stress Of time under which the Drafting Committee had been working. It is within the knowledge of all the Members of the House that the last session of the Constituent Assembly ended on the 17th of October. Today is the 14th of November. Obviously, there was not even one full month available for the Drafting Committee to carry out this huge task of examining not less than 395 articles which are now part of the Constitution. As I said, the Drafting Committee had not even one month, but that even is not a correct statement, because according to Rule 38-R and other rules, the Drafting Committee was required to circulate the Draft. Constitution as revised by them five days before this session of the House. As a matter of fact the Constitution was circulated on the 6th of November, practically eight days before the commencement of this session. Consequently the time available for the Drafting Committee was shorter by eight days. Again, must be taken into consideration that in order to enable the Drafting Committee to send out the Draft Constitution in time, they had to hand over the draft they had prepared to the printer some days in advance to be able to obtain the copies some time before they were actually despatched. The draft was handed over to the printer on the 4th of November. It will be seen that the printer had only one day practically to carry out the alterations and the amendments suggested by the Drafting Committee. It is impossible either for the printer or for the Drafting Committee or the gentleman in charge of proof corrections to produce a correct copy of such a huge document containing 395 articles with in one day.

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     That, in my judgment, is a sufficient justification for the long corrigenda which the Drafting- Committee had to issue in order to draw attention to the omissions and the mistakes which had been left uncorrected in the copy as was presented to them by the printer on the 5th. Deducting all these days, it will be noticed that the Drafting Committee had barely ten days left to them to carry out this huge task. It is this shortness of time, practically ten days, which in my judgment justifies the issue of the second list of amendment now embodied in List II. If the Drafting Committee had a longer time to consider this matter they would have been undoubtedly in a position to avoid either the issue of the corrigenda or the Supplementary List of Amendments, and I hope that the House will forgive such trouble as is likely to be caused to them by having to refer to the corrigenda and to the Second List of Amendments for which the Drafting Committee is responsible.

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     That, in my judgment, is a sufficient justification for the long corrigenda which the Drafting- Committee had to issue in order to draw attention to the omissions and the mistakes which had been left uncorrected in the copy as was presented to them by the printer on the 5th. Deducting all these days, it will be noticed that the Drafting Committee had barely ten days left to them to carry out this huge task. It is this shortness of time, practically ten days, which in my judgment justifies the issue of the second list of amendment now embodied in List II. If the Drafting Committee had a longer time to consider this matter they would have been undoubtedly in a position to avoid either the issue of the corrigenda or the Supplementary List of Amendments, and I hope that the House will forgive such trouble as is likely to be caused to them by having to refer to the corrigenda and to the Second List of Amendments for which the Drafting Committee is responsible.

155.40

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     Sir, it is unnecessary for me to discuss at this stage the nature of the amendments and changes proposed by the Drafting Committee in the Draft Constitution. The nature of the changes have been indicated in paragraph 2 of the Report. It will be seen that there are really three classes of changes which the Drafting Committee has made. The first change is merely remembering of articles, clauses, sub-clauses and the revision of punctuation. This has been done largely because it was felt that the articles as they emerge from the last session of the Constituent Assembly were scattered in different places and could not be grouped together under one head of subject-matter. It was therefore held by the Drafting Committee that in order to give the reader and the Members of the House a complete idea as to what the articles relating to any particular subject-matter are, it was necessary to transpose certain articles from one Part to another Part, from one Chapter to another Chapter so that they may be conveniently ground together and assembled for a better understanding and a better presentation of the subject-matter of the Constitution.

155.40

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     Sir, it is unnecessary for me to discuss at this stage the nature of the amendments and changes proposed by the Drafting Committee in the Draft Constitution. The nature of the changes have been indicated in paragraph 2 of the Report. It will be seen that there are really three classes of changes which the Drafting Committee has made. The first change is merely remembering of articles, clauses, sub-clauses and the revision of punctuation. This has been done largely because it was felt that the articles as they emerge from the last session of the Constituent Assembly were scattered in different places and could not be grouped together under one head of subject-matter. It was therefore held by the Drafting Committee that in order to give the reader and the Members of the House a complete idea as to what the articles relating to any particular subject-matter are, it was necessary to transpose certain articles from one Part to another Part, from one Chapter to another Chapter so that they may be conveniently ground together and assembled for a better understanding and a better presentation of the subject-matter of the Constitution.

155.41

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     The second set of changes as are described in the report are purely formal and consequential, such as the omission of the words "of this Constitution" which occurs in the draft articles at various places. Sometimes capital letters had been printed in small type and that correction had to be made. Other alterations such is reference to Ruler and Rajpramukh had to be made because these changes were made towards the end when we were discussing the clauses relating to definition. The other change may be compendiously called 'necessary alterations.' Now those necessary alterations fall into two classes, alterations which do not involve a substantial change in the article itself. These are alterations which are necessary because it was found that in terms of the language used when the articles were passed in the last session, the meaning of some articles was not clear. or there was some lacuna left which had to be made good. That, the Drafting Committee has endeavored to do without making any substantial change in the content of the articles affected by those changes. There are, however, other articles where also necessary changes have been made, but those necessary changes are changes which to some extent involve substantial change. The Drafting Committee felt that it was necessary to make these changes although they were substantial, because if much substantial changes mere not made there would remain in the article as passed in the last session various defects and various omissions which it was undesirable to allow to continue, and the Drafting Committee has therefore taken upon itself the responsibility of suggesting such changes which are referred to in sub-clause (d) of paragraph2, and I hope that this House will find it agreeable to accept those changes. As to the substantial alterations that have been made, in regard to some of them sufficient explanation has been given in paragraph 4 and I need not repeat what has been said in the report in justification of those charges.

155.41

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     The second set of changes as are described in the report are purely formal and consequential, such as the omission of the words "of this Constitution" which occurs in the draft articles at various places. Sometimes capital letters had been printed in small type and that correction had to be made. Other alterations such is reference to Ruler and Rajpramukh had to be made because these changes were made towards the end when we were discussing the clauses relating to definition. The other change may be compendiously called 'necessary alterations.' Now those necessary alterations fall into two classes, alterations which do not involve a substantial change in the article itself. These are alterations which are necessary because it was found that in terms of the language used when the articles were passed in the last session, the meaning of some articles was not clear. or there was some lacuna left which had to be made good. That, the Drafting Committee has endeavored to do without making any substantial change in the content of the articles affected by those changes. There are, however, other articles where also necessary changes have been made, but those necessary changes are changes which to some extent involve substantial change. The Drafting Committee felt that it was necessary to make these changes although they were substantial, because if much substantial changes mere not made there would remain in the article as passed in the last session various defects and various omissions which it was undesirable to allow to continue, and the Drafting Committee has therefore taken upon itself the responsibility of suggesting such changes which are referred to in sub-clause (d) of paragraph2, and I hope that this House will find it agreeable to accept those changes. As to the substantial alterations that have been made, in regard to some of them sufficient explanation has been given in paragraph 4 and I need not repeat what has been said in the report in justification of those charges.

155.42

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     Sir, I do not think it is necessary for me to add anything to the report of the Drafting Committee and I hope that the House will be able to accept the report as well as the changes recommended by the Drafting Committee both in the report as well as in List II which has already been circulated to the Members of the House.

Amendments of Articles

155.42

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     Sir, I do not think it is necessary for me to add anything to the report of the Drafting Committee and I hope that the House will be able to accept the report as well as the changes recommended by the Drafting Committee both in the report as well as in List II which has already been circulated to the Members of the House.

Amendments of Articles

155.43

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 Dr. Ambedkar has presented the report and the motion now before the House is that the amendments recommended by the Drafting Committee, and the Draft Constitution be taken into consideration..........

155.43

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 Dr. Ambedkar has presented the report and the motion now before the House is that the amendments recommended by the Drafting Committee, and the Draft Constitution be taken into consideration..........

155.44

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 : I have got an amendment, Sir.

155.44

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 : I have got an amendment, Sir.

155.45

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: I think it is only a verbal amendment.

155.45

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: I think it is only a verbal amendment.

155.46

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 : This is with reference to Rule 38-R and I shall take only half a minute.

155.46

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 : This is with reference to Rule 38-R and I shall take only half a minute.

155.47

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: I shall be looking at the clock; take half a minute.

155.47

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: I shall be looking at the clock; take half a minute.

155.48

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 : Sir, I shall not read the amendment* to the House. While moving this amendment. I would only endorse the remarks made by my honourable Friend Pandit Thakur Das Bhargava and state before the House that so far as the amendments suggested by the Drafting Committee are concerned, they have more or less acted like, may I say, chartered liberties. I would therefore request you, Sir, to be so good as to exercise your discretion generously so far as the amendments suggested by us other than to those recommended by the Drafting Committee are concerned. That is my only submission.

     *That in the motion, for the words "the amendments recommended by the Drafting Committee in the Draft Constitution of India," the words "the amendments to the Draft Constitution of India, as recommended by the Drafting Committee under sub-rule (1) of Rule 38-R of the Constitutional Assembly Rules," be substituted.

155.48

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 : Sir, I shall not read the amendment* to the House. While moving this amendment. I would only endorse the remarks made by my honourable Friend Pandit Thakur Das Bhargava and state before the House that so far as the amendments suggested by the Drafting Committee are concerned, they have more or less acted like, may I say, chartered liberties. I would therefore request you, Sir, to be so good as to exercise your discretion generously so far as the amendments suggested by us other than to those recommended by the Drafting Committee are concerned. That is my only submission.

     *That in the motion, for the words "the amendments recommended by the Drafting Committee in the Draft Constitution of India," the words "the amendments to the Draft Constitution of India, as recommended by the Drafting Committee under sub-rule (1) of Rule 38-R of the Constitutional Assembly Rules," be substituted.

155.49

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: You have not spoken anything about your amendment to this motion. Well........

155.49

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: You have not spoken anything about your amendment to this motion. Well........

155.50

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: May I know, Sir, whether the amendments include also the huge number of corrigenda and whether they have also to be read as part of the Constitution ?

155.50

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: May I know, Sir, whether the amendments include also the huge number of corrigenda and whether they have also to be read as part of the Constitution ?

155.51

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: Corrigenda are corrigenda and they are included.

155.51

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: Corrigenda are corrigenda and they are included.

155.52

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Since Mr. Kamath has insisted upon moving his amendment, I would put his amendment first to the vote.

155.52

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Since Mr. Kamath has insisted upon moving his amendment, I would put his amendment first to the vote.

155.53

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 : Since it is more or less of a drafting nature, I do not press it.

155.53

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 : Since it is more or less of a drafting nature, I do not press it.

155.54

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: I put the motion moved by Dr. Ambedkar.

155.54

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: I put the motion moved by Dr. Ambedkar.

155.55

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     The question is :

     "That the amendments recommended by the Drafting Committee in the Draft Constitution of India be taken into consideration."

The motion was adopted.

155.55

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     The question is :

     "That the amendments recommended by the Drafting Committee in the Draft Constitution of India be taken into consideration."

The motion was adopted.

155.56

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We shall now take up the amendments. Preamble. There is no amendment by the Drafting Committee to the Preamble and I cannot take up any amendments to the Preamble. Then, we go to article 1. There is an amendment by Mr. Naziruddin Ahmad and by Mr. Kamath*. Mr. Kamath, do you wish to move and do you require to make any speech ?

*That in clause (1) of article 1, after the words 'that is' a comma be inserted and the comma after the word "Bharat" be deleted.

155.56

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We shall now take up the amendments. Preamble. There is no amendment by the Drafting Committee to the Preamble and I cannot take up any amendments to the Preamble. Then, we go to article 1. There is an amendment by Mr. Naziruddin Ahmad and by Mr. Kamath*. Mr. Kamath, do you wish to move and do you require to make any speech ?

*That in clause (1) of article 1, after the words 'that is' a comma be inserted and the comma after the word "Bharat" be deleted.

155.57

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: Sir, so far as my punctuation amendments are concerned, I should rather leave them all to the draftsmen.

155.57

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: Sir, so far as my punctuation amendments are concerned, I should rather leave them all to the draftsmen.

155.58

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:  (To Shri H. V. Kamath) It is only a punctuation here also. You will remember that you are taking the time of more important amendments.

155.58

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:  (To Shri H. V. Kamath) It is only a punctuation here also. You will remember that you are taking the time of more important amendments.

155.59

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 : I should like to know whether the Drafting Committee is accepting it.

155.59

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 : I should like to know whether the Drafting Committee is accepting it.

155.60

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: Nobody is accepting or rejecting any amendment.

155.60

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: Nobody is accepting or rejecting any amendment.

155.61

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 Sir, the Draft as passed by the House reads, "India, that is, Bharat.....". The revised draft presented to the House says, "India, that is Bharat.....".That I do not think is what was intended by the House when we accepted article 1. What was meant was, India, that is to say. Bharat. That is why two commas were inserted and the phrase was interposed. I does not mean, "India, that is Bharat,". This is wrong English, so far as the meaning intended is concerned. I think the original was perfectly correct and it was absolutely wrong on the part of the Drafting Committee to change the wording.

155.61

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 Sir, the Draft as passed by the House reads, "India, that is, Bharat.....". The revised draft presented to the House says, "India, that is Bharat.....".That I do not think is what was intended by the House when we accepted article 1. What was meant was, India, that is to say. Bharat. That is why two commas were inserted and the phrase was interposed. I does not mean, "India, that is Bharat,". This is wrong English, so far as the meaning intended is concerned. I think the original was perfectly correct and it was absolutely wrong on the part of the Drafting Committee to change the wording.

155.62

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: Sir, I should rather suggest that some of my formal amendments may be put to the draftsmen and if they agree to accept, shall move them; otherwise, I am not moving.

155.62

Volume 11 > Document Number > Paragraph Number

: Sir, I should rather suggest that some of my formal amendments may be put to the draftsmen and if they agree to accept, shall move them; otherwise, I am not moving.

155.63

Volume 11 > Document Number > Paragraph Number

: Let them consider and if they are inclined to accept, they will accept them even without being moved.

155.63

Volume 11 > Document Number > Paragraph Number

: Let them consider and if they are inclined to accept, they will accept them even without being moved.

155.64

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   We now pass on to article 5. There is no amendment by the Drafting Committee and these amendments do not arise.

155.64

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   We now pass on to article 5. There is no amendment by the Drafting Committee and these amendments do not arise.

155.65

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: I am not moving the amendment. (Amendment No. 15).

155.65

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: I am not moving the amendment. (Amendment No. 15).

155.66

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: It is covered by article 9.

155.66

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: It is covered by article 9.

155.67

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   Article 13 : Sri Raj Bahadur, amendment No. 33.

155.67

Volume 11 > Document Number > Paragraph Number

   Article 13 : Sri Raj Bahadur, amendment No. 33.

155.68

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  Sir, I move:

     "That in sub-clause (a) of clause (3) of article 13.

     (i) after the word 'having' the words 'the force of law' be inserted;

     (ii) after the word 'India' the words 'or any part thereof' be inserted ; and

     (iii) the words 'the force of law' be deleted."

155.68

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  Sir, I move:

     "That in sub-clause (a) of clause (3) of article 13.

     (i) after the word 'having' the words 'the force of law' be inserted;

     (ii) after the word 'India' the words 'or any part thereof' be inserted ; and

     (iii) the words 'the force of law' be deleted."

155.69

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     It is obviously for the purpose of making the object of the article clearer that I beg to move this amendment.

155.69

Volume 11 > Document Number > Paragraph Number

     It is obviously for the purpose of making the object of the article clearer that I beg to move this amendment.

155.70

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: We pass on to article 14 : Mr. Naziruddin Ahmad.

155.70

Volume 11 > Document Number > Paragraph Number

: We pass on to article 14 : Mr. Naziruddin Ahmad.

155.71

Volume 11 > Document Number > Paragraph Number

 : Sir, I do not wish to move it formally; I only wish to point out one or two things for the consideration of the draftsman. So far as the definition of a State is concerned, in article 12 as well as in article 36 the word 'State' has been defined as "the State". That binds the two words in a rather tight union. As a result of this, we have to use the expressions, the State has this right, the State has that and so forth. Remembering that the expression "the State" as defined in articles 12 and 36 includes not only the Government of India, but also the Government of the Provinces, the Government of the States, District Boards and Municipalities, Local Boards, and Union Boards and others, there will be hundreds of thousands of similar institutions which would be comprehended within the expression "the State." As we have defined the expression used in Part IV beginning with article 37 up to article 50, we have always used the expression. "The State shall, etc."

155.71

Volume 11 > Document Number > Paragraph Number

 : Sir, I do not wish to move it formally; I only wish to point out one or two things for the consideration of the draftsman. So far as the definition of a State is concerned, in article 12 as well as in article 36 the word 'State' has been defined as "the State". That binds the two words in a rather tight union. As a result of this, we have to use the expressions, the State has this right, the State has that and so forth. Remembering that the expression "the State" as defined in articles 12 and 36 includes not only the Government of India, but also the Government of the Provinces, the Government of the States, District Boards and Municipalities, Local Boards, and Union Boards and others, there will be hundreds of thousands of similar institutions which would be comprehended within the expression "the State." As we have defined the expression used in Part IV beginning with article 37 up to article 50, we have always used the expression. "The State shall, etc."

155.72

Volume 11 > Document Number > Paragraph Number

The word "the State" would be really appropriate if there was only one State to which we refer. But in view of the multiplicity of States which would be meant and in order to enable us to use freely the expression, 'this State', 'that State', 'any State', 'every State' and so forth, in order to give us full latitude to use any article or word that may suit the context, the word 'the' should be separated from the definition. The words 'the', 'any' or 'every' must depend on the context and should not be prejudiced by the definition. I do not want to move the amendment but, as I have suggested, this is a matter of drafting and can be more profitably left over to the Drafting Committee for consideration, and if they agree, then these things can be taken as moved.

155.72

Volume 11 > Document Number > Paragraph Number

The word "the State" would be really appropriate if there was only one State to which we refer. But in view of the multiplicity of States which would be meant and in order to enable us to use freely the expression, 'this State', 'that State', 'any State', 'every State' and so forth, in order to give us full latitude to use any article or word that may suit the context, the word 'the' should be separated from the definition. The words 'the', 'any' or 'every' must depend on the context and should not be prejudiced by the definition. I do not want to move the amendment but, as I have suggested, this is a matter of drafting and can be more profitably left over to the Drafting Committee for consideration, and if they agree, then these things can be taken as moved.

155.73

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: Amendments Nos. 35 and 36 are not moved. We pass to article 18.

155.73

Volume 11 > Document Number > Paragraph Number

: Amendments Nos. 35 and 36 are not moved. We pass to article 18.

155.74

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 I think No. 54 is covered by what you said just now, Mr. Naziruddin Ahmad?

155.74

Volume 11 > Document Number > Paragraph Number

 I think No. 54 is covered by what you said just now, Mr. Naziruddin Ahmad?

155.75

Volume 11 > Document Number > Paragraph Number

: Yes.

(Amendment No. 55 was not moved.)

155.75

Volume 11 > Document Number > Paragraph Number

: Yes.

(Amendment No. 55 was not moved.)

155.76

Volume 11 > Document Number > Paragraph Number

: We pass on to article 22. Mr. Shibban Lal Saksena.

155.76

Volume 11 > Document Number > Paragraph Number

: We pass on to article 22. Mr. Shibban Lal Saksena.

155.77

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: Sir, in clause (4) and clause (7) I have some amendments. I beg to move :

     "That in clause (4) of article 22, for the words 'No law providing for preventive detention, the words, brackets. letters and figure 'Nothing in sub-clause (b) of clause (3)' be substituted; and at the end of sub-clause (b) of clause(4),the following be added:--

     'authorising such longer detention."

155.77

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: Sir, in clause (4) and clause (7) I have some amendments. I beg to move :

     "That in clause (4) of article 22, for the words 'No law providing for preventive detention, the words, brackets. letters and figure 'Nothing in sub-clause (b) of clause (3)' be substituted; and at the end of sub-clause (b) of clause(4),the following be added:--

     'authorising such longer detention."

155.78

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   My other amendment is :

     "That in clause (7) of article 22, the words 'for a period longer than than months' be deleted."

155.78

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   My other amendment is :

     "That in clause (7) of article 22, the words 'for a period longer than than months' be deleted."

155.79

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     I only want that the phraseology of clause (4) should be improved and in clause, (7) I want that the words 'for a period longer than three months' should be deleted. Parliament must have the power to make laws for shorter as well as longer detention periods.

155.79

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     I only want that the phraseology of clause (4) should be improved and in clause, (7) I want that the words 'for a period longer than three months' should be deleted. Parliament must have the power to make laws for shorter as well as longer detention periods.

155.80

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: Mr. Saksena, as regards No. 82, does it not go against a previous decision?

155.80

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: Mr. Saksena, as regards No. 82, does it not go against a previous decision?

155.81

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 : That means Parliament can make law for less than three months or more than three months. I do not want to restrict the power of Parliament only to periods above three months. I do not want the Executive to use the power.

155.81

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 : That means Parliament can make law for less than three months or more than three months. I do not want to restrict the power of Parliament only to periods above three months. I do not want the Executive to use the power.

155.82

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: How will it stand if it is read along with clause (4) ?

155.82

Volume 11 > Document Number > Paragraph Number

: How will it stand if it is read along with clause (4) ?

155.83

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 : It will read--

     "Parliament may be law prescribe the circumstances under which and the class or clause of cases in which a person may be detained under any law providing for preventive detention etc."

155.83

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 : It will read--

     "Parliament may be law prescribe the circumstances under which and the class or clause of cases in which a person may be detained under any law providing for preventive detention etc."

155.84

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     What I want is that Parliament should have power to legislate authorising Government to detain persons either for less than three months or more than three months. According to this Parliament will not have power to make laws for less than three months.

(Amendments Nos. 83 and 84 were not moved.)

155.84

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     What I want is that Parliament should have power to legislate authorising Government to detain persons either for less than three months or more than three months. According to this Parliament will not have power to make laws for less than three months.

(Amendments Nos. 83 and 84 were not moved.)

155.85

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: We proceed to article 31.

(Amendment No. 115 was not moved.)

155.85

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: We proceed to article 31.

(Amendment No. 115 was not moved.)

155.86

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  Sir, in connection with my amendment No. 116, I wish to draw the attention of the House, the Drafting Committee and especially the draftsman to the use of the word 'Government of India'. In fact this is to distinguish this expression from 'Dominion of India'. I would submit that the word 'Dominion of India' really covers the period from 15th August 1947 up to the 25th January, 1950. Before that we had the expression 'Government of India', the expression 'Government of India' should be confined to Government before the 'Dominion' stage came in. After the Dominion stage is over, I submit that the expression 'Union Government' or the 'Government of the Union' should be used. This would be in accord with what we have done. We have already used 'The Union of India' in article 300 clause (i) and in other places. Then we have used in some articles the expression 'Affairs of the Union.' We have also used in other places the expression 'the Union'. So we have already described the Government of India as the Union. So I submit that instead of using the expression 'Government of India', which would also include the Government before the Dominion stage, there should be some distinctive expression which may be fittingly described as the Union Government or the Government of the Indian Union. We have already in article 1, said that India shall be a 'Union' of States. So in the new set-up-things instead of the expression 'Government of India', the expression Union Government or 'The Government of Indian Union', or similar expression should be used. I have suggested some amendments, only desire that this may be considered by the drafting Committee.

155.86

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  Sir, in connection with my amendment No. 116, I wish to draw the attention of the House, the Drafting Committee and especially the draftsman to the use of the word 'Government of India'. In fact this is to distinguish this expression from 'Dominion of India'. I would submit that the word 'Dominion of India' really covers the period from 15th August 1947 up to the 25th January, 1950. Before that we had the expression 'Government of India', the expression 'Government of India' should be confined to Government before the 'Dominion' stage came in. After the Dominion stage is over, I submit that the expression 'Union Government' or the 'Government of the Union' should be used. This would be in accord with what we have done. We have already used 'The Union of India' in article 300 clause (i) and in other places. Then we have used in some articles the expression 'Affairs of the Union.' We have also used in other places the expression 'the Union'. So we have already described the Government of India as the Union. So I submit that instead of using the expression 'Government of India', which would also include the Government before the Dominion stage, there should be some distinctive expression which may be fittingly described as the Union Government or the Government of the Indian Union. We have already in article 1, said that India shall be a 'Union' of States. So in the new set-up-things instead of the expression 'Government of India', the expression Union Government or 'The Government of Indian Union', or similar expression should be used. I have suggested some amendments, only desire that this may be considered by the drafting Committee.

155.87

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: No. 117—Mr. Sidhva.

155.87

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: No. 117—Mr. Sidhva.

155.88

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 : I understand that the word 'otherwise' as suggested by the Drafting Committee covers the contention of my amendment. Therefore I do not propose to move the amendment.

155.88

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 : I understand that the word 'otherwise' as suggested by the Drafting Committee covers the contention of my amendment. Therefore I do not propose to move the amendment.

155.89

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: Then I come to amendment No. 118, standing in the name Mr. Naziruddin Ahmad.

155.89

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: Then I come to amendment No. 118, standing in the name Mr. Naziruddin Ahmad.

155.90

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: Sir, with regard to amendment No. 118, it is merely a drafting amendment, and I should leave it to the draftsman.

155.90

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: Sir, with regard to amendment No. 118, it is merely a drafting amendment, and I should leave it to the draftsman.

155.91

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: Then I come to article 34 which is a new article, and we have a number of amendments to it. Mr. Das. That is for deletion.

155.91

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: Then I come to article 34 which is a new article, and we have a number of amendments to it. Mr. Das. That is for deletion.

155.92

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: Sir, I do not move it.

155.92

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: Sir, I do not move it.

155.93

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: Sir, I want to move it.

155.93

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: Sir, I want to move it.

155.94

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: You want to move for its deletion ?

155.94

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: You want to move for its deletion ?

155.95

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 Yes, Sir, this article 34 is a new article. It says that when martial law is declared, then Parliament will have the power to indemnify the officers. I think that this new article should be ruled out of order. It was never passed by the Assembly before. Secondly, I think the provision of this article will encourage officers working in the martial law area to commit excesses and hope for indemnification by an Act of Parliament. Therefore, I say it is not proper. Martial law whenever proclaimed, should be proclaimed according to the law about it. It should not be permitted to go beyond the law. So I think this article is not necessary and it should be removed from the Constitution, and also as I said, it is out of order. I move :

     "That article 34 be deleted."

155.95

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 Yes, Sir, this article 34 is a new article. It says that when martial law is declared, then Parliament will have the power to indemnify the officers. I think that this new article should be ruled out of order. It was never passed by the Assembly before. Secondly, I think the provision of this article will encourage officers working in the martial law area to commit excesses and hope for indemnification by an Act of Parliament. Therefore, I say it is not proper. Martial law whenever proclaimed, should be proclaimed according to the law about it. It should not be permitted to go beyond the law. So I think this article is not necessary and it should be removed from the Constitution, and also as I said, it is out of order. I move :

     "That article 34 be deleted."

155.96

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: May I speak on this amendment, Sir.

155.96

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: May I speak on this amendment, Sir.

155.97

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 We shall have all the amendments first, and then Members can speak.

155.97

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 We shall have all the amendments first, and then Members can speak.

155.98

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  Amendment No. 122, Mr. Kamath.

155.98

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  Amendment No. 122, Mr. Kamath.

155.99

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 : May I know move all the three amendments together ?

155.99

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 : May I know move all the three amendments together ?

155.100

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: Yes.

155.100

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: Yes.

155.101

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 : Mr. President, Sir, I move amendments Nos. 122, 123 and 124.

     "That in article 34, the words 'or any other person' be deleted."

     "That in article 34, for the word 'order' the words 'public order' be substituted."

155.101

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 : Mr. President, Sir, I move amendments Nos. 122, 123 and 124.

     "That in article 34, the words 'or any other person' be deleted."

     "That in article 34, for the word 'order' the words 'public order' be substituted."

155.102

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   And the last one is No. 124 which says--

     "That in article 34, for the words 'done under martial law' the words 'done by such person under martial law' be substituted."

155.102

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   And the last one is No. 124 which says--

     "That in article 34, for the words 'done under martial law' the words 'done by such person under martial law' be substituted."

155.103

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     Sir, at the very outset, let me make it clear that I would welcome the deletion of any reference to martial law in the Constitution, as suggested by my Friend Prof.Shibban Lal Saksena. There are sufficient provisions in the Constitution for the maintenance of public order and peace and tranquility in the country. We have also adopted Chapter I dealing with emergency provisions in the Constitution. But once we accept, or assume that a situation may arise when martial law will have to be proclaimed, then certain consequences follow. There are certain acts done during the administration of martial law. We are all very well aware of the operation of marital law, and there are acts done by persons in charge, or in authority which strictly under the law of the Constitution may be illegal, and so those persons may have to be indemnified later on so as to safeguard their position against any undue penalty or punishment for acts done by them. It is with a view to this that I submit these amendments to the House.

155.103

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     Sir, at the very outset, let me make it clear that I would welcome the deletion of any reference to martial law in the Constitution, as suggested by my Friend Prof.Shibban Lal Saksena. There are sufficient provisions in the Constitution for the maintenance of public order and peace and tranquility in the country. We have also adopted Chapter I dealing with emergency provisions in the Constitution. But once we accept, or assume that a situation may arise when martial law will have to be proclaimed, then certain consequences follow. There are certain acts done during the administration of martial law. We are all very well aware of the operation of marital law, and there are acts done by persons in charge, or in authority which strictly under the law of the Constitution may be illegal, and so those persons may have to be indemnified later on so as to safeguard their position against any undue penalty or punishment for acts done by them. It is with a view to this that I submit these amendments to the House.

155.104

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     Article 34, as moved by the Drafting Committee, seeks to indemnify any person in the service of the Union or of a State, and any other person also. I do not desire that we should go so far as to indemnify any person, whoever he may be. We may make an exception of persons who are in the service of the Union or of a State. But the change proposed is to insert a provision with regard to all persons. Such a change is far too sweeping, and must not be allowed to find a place in the Constitution. Therefore, I have moved this amendment, that the words "or any other person" be deleted. If we indemnify at all, we should indemnify only those persons who are in the service of the Union or of a State during the administration of martial law in any area.

155.104

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     Article 34, as moved by the Drafting Committee, seeks to indemnify any person in the service of the Union or of a State, and any other person also. I do not desire that we should go so far as to indemnify any person, whoever he may be. We may make an exception of persons who are in the service of the Union or of a State. But the change proposed is to insert a provision with regard to all persons. Such a change is far too sweeping, and must not be allowed to find a place in the Constitution. Therefore, I have moved this amendment, that the words "or any other person" be deleted. If we indemnify at all, we should indemnify only those persons who are in the service of the Union or of a State during the administration of martial law in any area.

155.105

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     The other two amendments are, more or less, formal ones. The first one seeks to bring article 34 in conformity with the phraseology of article 33, where the words used are "public order" and therefore, I have suggested that this article also may be on the same lines as article 33 and the word "order" be replaced by the words "public order".

155.105

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     The other two amendments are, more or less, formal ones. The first one seeks to bring article 34 in conformity with the phraseology of article 33, where the words used are "public order" and therefore, I have suggested that this article also may be on the same lines as article 33 and the word "order" be replaced by the words "public order".

155.106

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     The last amendment follows from the wording of the first part of article 34. When we refer to acts done by any person in the service of the Union or of a State, it is necessary to make it specifically clear in the latter part of the article as well, when we refer to the acts of such persons. Therefore, the word "such" in my judgment, is necessary so as to avoid any confusion with regard to acts done by any person other than the public servants referred to in the first part of the article.

155.106

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     The last amendment follows from the wording of the first part of article 34. When we refer to acts done by any person in the service of the Union or of a State, it is necessary to make it specifically clear in the latter part of the article as well, when we refer to the acts of such persons. Therefore, the word "such" in my judgment, is necessary so as to avoid any confusion with regard to acts done by any person other than the public servants referred to in the first part of the article.

155.107

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     Sir I move amendments Nos. 122, 123 and 124 and I commend them to the House for its earnest consideration.

155.107

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     Sir I move amendments Nos. 122, 123 and 124 and I commend them to the House for its earnest consideration.

155.108

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 : As this is a new article altogether, the question arises whether I should allow it to be moved by way of an amendment. I think in all Constitutions, either written or unwritten, I do not know, but my idea is that all Constitutions allow such indemnity Acts to be passed after martial law has been in force; and difficulty might arise if there was no specific provision in our Constitution for indemnifying acts done during the period of martial law, if we do not have a specific provision here. And therefore, I allow this amendment of the Drafting Committee.

155.108

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 : As this is a new article altogether, the question arises whether I should allow it to be moved by way of an amendment. I think in all Constitutions, either written or unwritten, I do not know, but my idea is that all Constitutions allow such indemnity Acts to be passed after martial law has been in force; and difficulty might arise if there was no specific provision in our Constitution for indemnifying acts done during the period of martial law, if we do not have a specific provision here. And therefore, I allow this amendment of the Drafting Committee.

155.109

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     As regards the other amendments which have been moved, they are now for discussion. Members, if they wish, can speak now on this article as well as on the amendments which have been moved.

155.109

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     As regards the other amendments which have been moved, they are now for discussion. Members, if they wish, can speak now on this article as well as on the amendments which have been moved.

155.110

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 : Mr. President, Sir, I rise to support this new article. I will not traverse the ground already covered, or repeat the arguments in favour of it, as you have, Sir, already admitted this article. The Drafting Committee had the power to suggest the necessary amendments. Therefore, I think that they have not gone out of the scope of their jurisdiction. I think, that when a revolutionary situation has arisen in the country, then the Government may be forced to resort to martial law. And extraordinary situations cannot be tackled by the ordinary law of the land. It is only when a revolutionary situation has arisen that martial law is enforced. Revolutionary situations can only be tackled by revolutionary methods. The danger that all officers will escape scot-free is not a real danger or a serious danger at all. I say this because Parliament has got the power to review such cases. If an officer has acted without jurisdiction, if he has exceeded the requirements of the martial law, then Parliament will not indemnify those officers. Parliament has got the full right to review the conduct of these officers who have acted in an arbitrary manner. But it is only in an arbitrary manner that you can tackle the situation which has arisen in the country when martial law has been enforced. I support this provision not merely on the ground that similar provisions exist in other Constitutions of the world but also because it is a necessary and desirable, provision. Having due regard to the facts of our political life, I heartily support this article.

155.110

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 : Mr. President, Sir, I rise to support this new article. I will not traverse the ground already covered, or repeat the arguments in favour of it, as you have, Sir, already admitted this article. The Drafting Committee had the power to suggest the necessary amendments. Therefore, I think that they have not gone out of the scope of their jurisdiction. I think, that when a revolutionary situation has arisen in the country, then the Government may be forced to resort to martial law. And extraordinary situations cannot be tackled by the ordinary law of the land. It is only when a revolutionary situation has arisen that martial law is enforced. Revolutionary situations can only be tackled by revolutionary methods. The danger that all officers will escape scot-free is not a real danger or a serious danger at all. I say this because Parliament has got the power to review such cases. If an officer has acted without jurisdiction, if he has exceeded the requirements of the martial law, then Parliament will not indemnify those officers. Parliament has got the full right to review the conduct of these officers who have acted in an arbitrary manner. But it is only in an arbitrary manner that you can tackle the situation which has arisen in the country when martial law has been enforced. I support this provision not merely on the ground that similar provisions exist in other Constitutions of the world but also because it is a necessary and desirable, provision. Having due regard to the facts of our political life, I heartily support this article.

155.111

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: Any other Member wishes to say anything about this ?

155.111

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: Any other Member wishes to say anything about this ?

155.112

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: No.

155.112

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: No.

155.113

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: We shall now pass on to the next article. I think Dr. Ambedkar will reply to this at the end.

155.113

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: We shall now pass on to the next article. I think Dr. Ambedkar will reply to this at the end.

155.114

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     We come to article 35, and Mr. Kamath's amendment. But that, I think, is only a verbal amendment?

155.114

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     We come to article 35, and Mr. Kamath's amendment. But that, I think, is only a verbal amendment?

155.115

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 : Yes, Sir I leave it to the discretion of the Drafting Committee.

155.115

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 : Yes, Sir I leave it to the discretion of the Drafting Committee.

155.116

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: Then we have to pass on now to article 47. Mr. Kamath and Mr. Naziruddin Ahmad have their amendment No. 140 to this article.

155.116

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: Then we have to pass on now to article 47. Mr. Kamath and Mr. Naziruddin Ahmad have their amendment No. 140 to this article.

155.117

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 : As far as I am concerned, I shall leave it to the Drafting Committee.

155.117

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 : As far as I am concerned, I shall leave it to the Drafting Committee.

155.118

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: So that is left over.

155.118

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: So that is left over.

155.119

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 Sir, I beg to move:

     "That in article 48, for the words 'improving the breeds of milch and draught cattle including cows and calves and for prohibiting their slaughter' the words 'preserving and improving the breeds of cattle and prohibit the slaughter of cows and other useful cattle, especially milch and draught cattle and their young stock' be substituted."

155.119

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 Sir, I beg to move:

     "That in article 48, for the words 'improving the breeds of milch and draught cattle including cows and calves and for prohibiting their slaughter' the words 'preserving and improving the breeds of cattle and prohibit the slaughter of cows and other useful cattle, especially milch and draught cattle and their young stock' be substituted."

155.120

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     Here again there is a substantial alteration in the original article as passed by this House. Sir, the original article stated:

     "The State shall endeavour to organise agricultural and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds of cattle and prohibit the slaughter of cows and other useful cattle specially milch and draught cattle and their young stock."

155.120

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     Here again there is a substantial alteration in the original article as passed by this House. Sir, the original article stated:

     "The State shall endeavour to organise agricultural and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds of cattle and prohibit the slaughter of cows and other useful cattle specially milch and draught cattle and their young stock."

155.121

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     So the original article is that "the State shall prohibit the slaughter of cows". The present article has been watered down. It says:

     "The State shall endeavour to organise agricultural and animal husbandry on modern and scientific lines and shall, in particular, take steps for improving the breeds of milch and draught cattle including cows and calves and for prohibiting their slaughter."

155.121

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     So the original article is that "the State shall prohibit the slaughter of cows". The present article has been watered down. It says:

     "The State shall endeavour to organise agricultural and animal husbandry on modern and scientific lines and shall, in particular, take steps for improving the breeds of milch and draught cattle including cows and calves and for prohibiting their slaughter."

155.122

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     So it does not say "That the State shall prohibit the slaughter of cows." Here it says "It shall take steps to improve the breeds of milch and draught cattle including cows and for prohibiting their slaughter." Here it is said that it shall prohibit the slaughter of cows and other useful cattle, especially milch and draught cattle. This is a very substantial alteration and I do not think the Drafting Committee was authorised to make such an alteration on such a fundamental thing on which there were strong discussions and it was agreed to after a very prolonged debate. I do not think anyone has the authority to change things in this manner and to substitute the original. I appeal that the original should be kept. It is out of order because the Drafting Committee was not permitted to make any such alteration as in this article.

155.122

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     So it does not say "That the State shall prohibit the slaughter of cows." Here it says "It shall take steps to improve the breeds of milch and draught cattle including cows and for prohibiting their slaughter." Here it is said that it shall prohibit the slaughter of cows and other useful cattle, especially milch and draught cattle. This is a very substantial alteration and I do not think the Drafting Committee was authorised to make such an alteration on such a fundamental thing on which there were strong discussions and it was agreed to after a very prolonged debate. I do not think anyone has the authority to change things in this manner and to substitute the original. I appeal that the original should be kept. It is out of order because the Drafting Committee was not permitted to make any such alteration as in this article.

155.123

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: Pandit Bhargava, is not your amendment more or less covered by the amendment of Prof. Shibban Lal Saksena?

155.123

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: Pandit Bhargava, is not your amendment more or less covered by the amendment of Prof. Shibban Lal Saksena?

155.124

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 : It is partly covered but there are other things. With your permission, as my amendment No. 142 is not exactly the same as Prof.Saksena's, I beg to move:

     "That in article 48, for the words milch and draught cattle including cows and calves and for prohibiting their slaughter' the words 'cattle and prohibit the slaughter of cows and other useful cattle, especially milch and draught cattle and their young stock' be substituted."

155.124

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 : It is partly covered but there are other things. With your permission, as my amendment No. 142 is not exactly the same as Prof.Saksena's, I beg to move:

     "That in article 48, for the words milch and draught cattle including cows and calves and for prohibiting their slaughter' the words 'cattle and prohibit the slaughter of cows and other useful cattle, especially milch and draught cattle and their young stock' be substituted."

155.125

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     With your permission I also beg to move:

     "That in article 48, for the words 'for prohibiting their slaughter', the words 'prohibit the slaughter of such cattle' be substituted."

or, alternatively,

     "That in article 48, for the words 'and for prohibiting their slaughter, the words 'and prohibit their slaughter' be substituted"

155.125

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     With your permission I also beg to move:

     "That in article 48, for the words 'for prohibiting their slaughter', the words 'prohibit the slaughter of such cattle' be substituted."

or, alternatively,

     "That in article 48, for the words 'and for prohibiting their slaughter, the words 'and prohibit their slaughter' be substituted"

155.126

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     In dealing with this article I would first of all beg to remind the House that this article was fairly hotly debated in this House. This article has the sanction of the whole House and of the largest party in the Assembly. Moreover, Sir, this article, if I am not encroaching upon any privilege, I may say, is one which was approved by the Chairman of the Drafting Committee. The original wording was quite different but we took good care to see that the drafting was done by such hands that no one could possibly take exception to it. Previously it was a much stronger one, but ultimately it was drafted in this form. When it was debated by the House, full reasons were given why these words were selected. My submission is that in a matter of this kind, when a particular article has been passed, after being supported or opposed, there is no reason why the Drafting Committee should tamper with the wording of such a section like this. Moreover, if the House will remember, there were many other amendments moved in this House to this article. Seth Govind Das moved an amendment from the religious point of view, but it was not accepted. My submission is that every word in this article is to my mind a sacred one, in this sense that it has got the imprint of the whole House. Secondly, I submit that on the basis of this article, some of the Provincial Governments have taken action. They have gone further and prohibited the slaughter of cows. Therefore, when this article has practically been acted upon by some of the provinces, it is not fair now to tamper with it.

155.126

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     In dealing with this article I would first of all beg to remind the House that this article was fairly hotly debated in this House. This article has the sanction of the whole House and of the largest party in the Assembly. Moreover, Sir, this article, if I am not encroaching upon any privilege, I may say, is one which was approved by the Chairman of the Drafting Committee. The original wording was quite different but we took good care to see that the drafting was done by such hands that no one could possibly take exception to it. Previously it was a much stronger one, but ultimately it was drafted in this form. When it was debated by the House, full reasons were given why these words were selected. My submission is that in a matter of this kind, when a particular article has been passed, after being supported or opposed, there is no reason why the Drafting Committee should tamper with the wording of such a section like this. Moreover, if the House will remember, there were many other amendments moved in this House to this article. Seth Govind Das moved an amendment from the religious point of view, but it was not accepted. My submission is that every word in this article is to my mind a sacred one, in this sense that it has got the imprint of the whole House. Secondly, I submit that on the basis of this article, some of the Provincial Governments have taken action. They have gone further and prohibited the slaughter of cows. Therefore, when this article has practically been acted upon by some of the provinces, it is not fair now to tamper with it.

155.127

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     Coming to the article which is sought to be amended as it is now before us I would beg of you to consider it. Now the article runs:

     "The State shall endeavour to organise agricultural and animal husbandry on modern and scientific lines and shall, in particular take steps for improving the breeds of milch and draught cattle including cows and calves......."

155.127

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     Coming to the article which is sought to be amended as it is now before us I would beg of you to consider it. Now the article runs:

     "The State shall endeavour to organise agricultural and animal husbandry on modern and scientific lines and shall, in particular take steps for improving the breeds of milch and draught cattle including cows and calves......."

155.128

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  The original words were: ".. for preserving and improving the breeds of cattle..."

155.128

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  The original words were: ".. for preserving and improving the breeds of cattle..."

155.129

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     May I submit that "improving the breeds of cattle" is different from "preserving and improving the breeds of cattle....". It may be said that no breed can be improved unless it is preserved but I think it is wrong to think so.

155.129

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     May I submit that "improving the breeds of cattle" is different from "preserving and improving the breeds of cattle....". It may be said that no breed can be improved unless it is preserved but I think it is wrong to think so.

155.130

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     It may happen that a breed has to be practically destroyed for the purposes of improvement. It may be argued by some that cattle of a certain breed should be destroyed so that there might be subsequent improvement in regard to others. Now this is a matter of very delicate importance.

155.130

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     It may happen that a breed has to be practically destroyed for the purposes of improvement. It may be argued by some that cattle of a certain breed should be destroyed so that there might be subsequent improvement in regard to others. Now this is a matter of very delicate importance.

155.131

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: What about "prohibiting" ? It means preservation!

155.131

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: What about "prohibiting" ? It means preservation!

155.132

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 : In times of famine it is the duty of the Government to preserve certain breeds though it may not be improving them. Therefore, these words have a special meaning and they should not be tampered with.

155.132

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 : In times of famine it is the duty of the Government to preserve certain breeds though it may not be improving them. Therefore, these words have a special meaning and they should not be tampered with.

155.133

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     Now to turn to the point of Mr. Brajeshwar Prasad to which he has drawn my attention. He says that the word "prohibiting" is there and therefore it would include "preservation". If he reads into the section he will find that this "prohibition" has been tampered with in this way, the words now being:

     "....... the breeds of milch and draught cattle including cows and calves and for prohibiting their slaughter."

155.133

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     Now to turn to the point of Mr. Brajeshwar Prasad to which he has drawn my attention. He says that the word "prohibiting" is there and therefore it would include "preservation". If he reads into the section he will find that this "prohibition" has been tampered with in this way, the words now being:

     "....... the breeds of milch and draught cattle including cows and calves and for prohibiting their slaughter."

155.134

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     If this "their" refers to cows and calves, then what about bulls and bullocks and buffaloes and he-buffaloes? If it refers to milch and draught cattle, then the question will have to be gone into as to what is a milch cattle. Then again "dry" cattle is not milch cattle. Then what is draught cattle? There are bound to be difficulties about all this. In my humble submission, a fair reading of article 38-A would mean that so far as cows and young stock are concerned, there is absolute prohibition. The words are "and shall prohibit the slaughter of cows." This usefulness of the cattle relates to drought cattle. The useful cattle should not be slaughtered. Now the question is what is a useful cattle? In the amendment the word "useful" does not appear. The House remembers that the Government appointed a Committee and the report of the Committee was accepted by the Government. The Government is now committed to the preservation and the prohibition of slaughter of useful cattle. There are Bills pending before the Legislative Assembly in regard to these kinds of cattle.

155.134

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     If this "their" refers to cows and calves, then what about bulls and bullocks and buffaloes and he-buffaloes? If it refers to milch and draught cattle, then the question will have to be gone into as to what is a milch cattle. Then again "dry" cattle is not milch cattle. Then what is draught cattle? There are bound to be difficulties about all this. In my humble submission, a fair reading of article 38-A would mean that so far as cows and young stock are concerned, there is absolute prohibition. The words are "and shall prohibit the slaughter of cows." This usefulness of the cattle relates to drought cattle. The useful cattle should not be slaughtered. Now the question is what is a useful cattle? In the amendment the word "useful" does not appear. The House remembers that the Government appointed a Committee and the report of the Committee was accepted by the Government. The Government is now committed to the preservation and the prohibition of slaughter of useful cattle. There are Bills pending before the Legislative Assembly in regard to these kinds of cattle.

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     If you compare the wordings, it would appear that in the original article it was:--

     ".... take steps for preserving and improving, the breeds of cattle and prohibit the slaughter of cows and other useful cattle, specialty milch........."

155.135

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     If you compare the wordings, it would appear that in the original article it was:--

     ".... take steps for preserving and improving, the breeds of cattle and prohibit the slaughter of cows and other useful cattle, specialty milch........."

155.136

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     Now these words shall go away and be replaced by :-- "........ for prohibiting their slaughter". My humble submission is that though there may not be a violent difference between the two, all the same the emphasis on the word "shall" which made this directive principle almost as an imperative article in the Constitution disappears. I beg of You not to tamper with it but allow it to remain in its present form. The first thought which Dr. Ambedkar gave to this provision was a right one and now if he wants to improve the wording. I submit the meanings also are altered. In view of this, I would beg of the House not to tamper with this article. It is a very delicate matter. We have practically substituted this article for the article which other Members wanted from a religious point of view. It is now simply a utilitarian measures but still a measure in which the religious sentiments of crores of people are involved.

155.136

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     Now these words shall go away and be replaced by :-- "........ for prohibiting their slaughter". My humble submission is that though there may not be a violent difference between the two, all the same the emphasis on the word "shall" which made this directive principle almost as an imperative article in the Constitution disappears. I beg of You not to tamper with it but allow it to remain in its present form. The first thought which Dr. Ambedkar gave to this provision was a right one and now if he wants to improve the wording. I submit the meanings also are altered. In view of this, I would beg of the House not to tamper with this article. It is a very delicate matter. We have practically substituted this article for the article which other Members wanted from a religious point of view. It is now simply a utilitarian measures but still a measure in which the religious sentiments of crores of people are involved.

155.137

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     I would submit one word more in regard to amendment No. 144. The words "and their slaughter" are capable of more than one meaning. They might refer only to cows and calves, they might refer to milch and draught cattle. whether they refer to one or both meanings, it is objectionable in both ways. I would beg of you to consider the more extensive meaning of the original section 38A which includes both these meanings. No doubt if falls for short of the expectations of the general populace but it was a measure on which the House was agreed as a compromise. This compromise ought not to be interfered with.

155.137

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     I would submit one word more in regard to amendment No. 144. The words "and their slaughter" are capable of more than one meaning. They might refer only to cows and calves, they might refer to milch and draught cattle. whether they refer to one or both meanings, it is objectionable in both ways. I would beg of you to consider the more extensive meaning of the original section 38A which includes both these meanings. No doubt if falls for short of the expectations of the general populace but it was a measure on which the House was agreed as a compromise. This compromise ought not to be interfered with.

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: Mr. Naziruddin.

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: Mr. Naziruddin.

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: I am not moving my amendment.

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: I am not moving my amendment.

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: Does anyone wish to say anything about this article or the amendments?