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SHAH

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9.137.238
There have been two interesting speeches delivered by my honourable Friends, Mr. Kamath and Professor Shah. They have described property by quoting certain definitions. Mr. Kamath said that some one had defined property as theft. My honourable Friend, Prof. Shah has gone further and quoted that it was described as "robbery, dacoity, deceit" and...
9.137.238
There have been two interesting speeches delivered by my honourable Friends, Mr. Kamath and Professor Shah. They have described property by quoting certain definitions. Mr. Kamath said that some one had defined property as theft. My honourable Friend, Prof. Shah has gone further and quoted that it was described as "robbery, dacoity, deceit" and...

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8.86.241
: Prof. K. T. Shah simply wants, in the terms in which he has used, stated explicitly, what in my judgment is implicit in the phrase 'causes of its summons'. I think this phrase is wide enough to include everything that Prof. K. T. Shah wants and if I may say so, this phraseology, namely "shall address and inform Parliament of the causes of it...
8.86.241
: Prof. K. T. Shah simply wants, in the terms in which he has used, stated explicitly, what in my judgment is implicit in the phrase 'causes of its summons'. I think this phrase is wide enough to include everything that Prof. K. T. Shah wants and if I may say so, this phraseology, namely "shall address and inform Parliament of the causes of it...

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7.79.185
   Mr. Vice-President, Sir, I accept the amendments Nos. 1417, 1426, 1431 of Prof. Shah, 1434 as amended by the mover of that amendment and as amended by the amendment No. 42 of List II and No. 43 of List II. Of the other amendments, on a careful examination, I find that there is only one amendment on which I need offer any reply. That is amendm...
7.79.184
     I support the formal amendments moved by my Friend Dr. Ambedkar and oppose the amendments moved by Mr. Karimuddin and Mr. Baig and also by Prof. Shah.

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7.81.223
     Lastly I have to submit that so far as the amendment moved by Prof. Shah is concerned, I do not see any ground for its acceptance. To disqualify a voter no certificates of unsoundness of mind or body are needed. When the grounds of disqualifications are laid down in the Constitution or in the Provincial Acts, there should be no necessity f...
7.81.120
     Now, Prof. Shah may move amendment No. 2247, as also amendment No. 2248 immediately following.

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7.73.80
: Mr. Vice-President, Sir, I rise to oppose the amendments moved by Prof. K. T. Shah, more specially his last one, No.1125 on the list. I may repeat what has been said several times previously and it is that the type of constitution Prof. K. T. Shah has in view can either be accepted in its entirety or cannot be accepted at all. At times such a...
7.73.91
Coming to his amendments which deal with the President, his first amendment No. 1108 sets out certain disqualifications such as conviction for treason, any offence against the State or any violation of the Constitution, etc. The reason why, for instance, we have not specifically mentioned in this particular article under discussion these disqua...

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7.71.98
Now, Sir, I come to the question which has been raised substantially by the amendment of Prof.   K. T. Shah. His amendment, if I understood him correctly, is fundamentally different from the whole scheme as has been adopted in this Draft Constitution. Prof. K. T. Shah uses the word "Chief Executive and the Head of the State". I have no doubt ab...
7.71.155
 Mr. Vice-President, Sir, I would have liked very much to vote for the amendment moved by Prof. K. T. Shah, but I feel that it runs counter to the view which we have held, so far as introduction of democracy in our country is concerned. It seems clear that Prof. Shah sticks to the view that the President of the Indian Union should wield the same...

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8.85.120
Sir, before I develop my other argument, I would like to answer a point raised by Prof. Shah, which was, partially answered by Sir Alladi. In spite of Prof. Shah's professions to the contrary, I could not help feeling that what he said dripped not only with a little vitriol, but certainly with a good deal of past venom. Prof. Shah took exceptio...
8.85.120
Sir, before I develop my other argument, I would like to answer a point raised by Prof. Shah, which was, partially answered by Sir Alladi. In spite of Prof. Shah's professions to the contrary, I could not help feeling that what he said dripped not only with a little vitriol, but certainly with a good deal of past venom. Prof. Shah took exceptio...

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8.102.195
     So, far as Professor Shah's amendment is concerned I do not know if I need anticipate Dr.Ambedkar. The reasons that he has adduced are fairly clear, namely, that he does not want to give the President or the executive any powers for initiating any Bill which will involve expenditure to be incurred outside India for the reason that he does n...
8.102.195
     So, far as Professor Shah's amendment is concerned I do not know if I need anticipate Dr.Ambedkar. The reasons that he has adduced are fairly clear, namely, that he does not want to give the President or the executive any powers for initiating any Bill which will involve expenditure to be incurred outside India for the reason that he does n...

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7.74.150
     These are the four propositions which have been embodied in this particular article. Now Prof. Shah's proposition is that the Upper House should have nothing to do with the impeachment of the President and that the jurisdiction to impeach the President, to investigate and to come to its own conclusions must be solely vested in the House of ...
7.74.148
     Now, Sir, I come to the other amendments which I am sorry to say I have not been able to accept but which I think call for a reply. The amendments which call for a reply are the amendments moved by Prof. K. T. Shah, Nos. 1151, 1171, 1173, 1176 and 1186. Sir, the amendments which have been moved by Prof. K. T. Shah refer to two questions. Th...

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8.90.117
Now coming to the amendment of Professor Shah, he wants the Council of States to decide the question of the appointment of Judges. This I must strongly oppose. We want impartial and independent Judges; and if you leave it to the Council of States there is bound to be individual canvassing, in which case the question of ability, etc, will be set...
8.90.117
Now coming to the amendment of Professor Shah, he wants the Council of States to decide the question of the appointment of Judges. This I must strongly oppose. We want impartial and independent Judges; and if you leave it to the Council of States there is bound to be individual canvassing, in which case the question of ability, etc, will be set...

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7.62.180
Dr. Ambedkar, do you wish to reply to Mr. Shah's suggestion?
7.62.155
Then the last amendment standing in the name of Professor Shah. No. 323. The question is:     "That at the end of clause (2) of article 9, the following be added:--     'or for Scheduled Castes or backward tribes, for their advantage, safeguard or betterment.'" $The amendment was negatived.

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7.77.132
With regard to the second qualification, namely, that a member must be a member of the majority party, I think Prof. K. T. Shah has in contemplation or believes and hopes that the electorate will always return in the election a party which will always be in majority and another party which will be in a minority but in opposition. Now, it is not...
7.77.128
     When we talk of Gandhiji and bring his name every time, let us try to be in a small measure worthy of that great man and if I were to bring in an amendment to Prof. Shah's amendment at this late hour I would go so far as to say that ministers should not only make a declaration of their interests and their property but they should also make ...

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8.93.121
   The proposition before the House is a very simple one. Now, may I say that I have a vast admiration for the erudition and learning of Professor Shah. Nevertheless, I have followed with some surprise not only what he has said today, but what he has said and done in regard to Kashmir for a number of years. I have been also connected with Kashmi...
8.93.128
    I think I need to reply at length to my honourable Friend Prof. Shah's objections. They have been dealt with already by the Honourable the Prime Minister. I would only say this. There has been a delay no doubts. Prof. Shah seemed to suggest that the cease fire took place some months ago and he could not understand why this step was not taken...

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7.76.193
Now, Sir, I come to the amendments of Prof. K. T. Shah. It is rather difficult for me to go through his long amendments and to extract what is really the summum bonum of each of these longish paragraphs. I have gone through them and I find that Prof. K. T. Shah wants to propose four things. One is that he does not want the Prime Minister, at an...
7.76.198
Now, Sir, with regard to the second proposition of my friend Prof. K. T. Shah that a Minister on appointment should seek a vote of confidence. I am sure that Prof. K. T. Shah will realise that there is no necessity for any such provision at all. It is true that in the early history of the British Cabinet every person who, notwithstanding the fa...

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7.78.268
      Then I come to the second amendment--No. 1377 by Prof. K. T. Shah. Prof. K. T. Shah proposes that there should be a council of the representatives of agriculture, industry, commerce and other special interests created by statute. It will be a permanent body of people. The States shall be required to give them salaries, allowances, and the ...
7.78.18
  Prof. Shah's amendment comes next. Before I ask Prof. Shah to move I would like to know from Mr. Lari whether he wants amendment No. 1359 to be put to vote. I see that Mr. Lari is not in the House. Prof. Shah may now move amendment No. 1357.

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7.68.181
Now, Sir, there is one other point to which I would like to make reference and that is the point made by Prof. K. T. Shah that the proviso permits the State to continue to give religious instruction in institutions the trusteeship of which the State has accepted. I do not think really that there is much substance in the point raised by Prof. Sh...
7.68.247
: Sir, I oppose the motion which was moved by my honourable Friend Professor Shah. I do not understand why he should be so much against religious heads. My honourable Friend, I think, knows that there are provisions in the Civil Procedure Code whereby even ex-Ministers may be exempted from appearing in court for some months. In our part of the ...

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8.97.287
: Prof. Shah has given notice of a new Article.
8.97.248
: Then there is notice of another amendment to insert a new article-157-A, given by Prof. Shah.

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7.57.128
With regard to his other amendments, viz., substitution of his own clauses for sub-clauses (ii) and (iii) of Article 31, all I want to say is this that I would have been quite prepared to consider the amendment of Professor Shah if he had shown that what he intended to do by the substitution of his own clauses was not possible to be done under t...
7.57.119
Sir, it was said, possibly yesterday, that this article of this Chapter is the Charter of economic democracy. It was also said that in this Charter and in this article we could find the germs of socialism and other isms. It was said also that this article was the Charter of the poor man. I most respectfully submit that in this Chapter, Article 3...

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7.54.121
But Sir, I do not share the views of Professor Shah in this matter. Dr. Ambedkar's amendment is very clear and comprehensive. It states that if anybody wants a change of name or separation, he can move for that in the local legislature. This is what Prof. Shah wants too. But I do feel that Dr. Ambedkar's official amendment is more comprehensive...
7.54.27
Sir, in this amendment, Professor Shah has enunciated two important principles: one is that after ten years he expects the Government of India to attain a particular shape and hopes that it shall be organised on the basis of groups of village panchayats, organised inter se, and functioning subordinately to the Union. Sir, with these two princip...

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7.79.185
   Mr. Vice-President, Sir, I accept the amendments Nos. 1417, 1426, 1431 of Prof. Shah, 1434 as amended by the mover of that amendment and as amended by the amendment No. 42 of List II and No. 43 of List II. Of the other amendments, on a careful examination, I find that there is only one amendment on which I need offer any reply. That is amendm...
7.79.184
     I support the formal amendments moved by my Friend Dr. Ambedkar and oppose the amendments moved by Mr. Karimuddin and Mr. Baig and also by Prof. Shah.

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7.60.132
Sir, I believeProfessor K. T. Shah is moving amendment No. 238, to change the heading. May I request him to take this up after we dispose of the articles? The title as it is, "Fundamental Rights". He wants to include Obligations also. After we dispose of this part, if we find that any articles referring to obligations are introduced substantive...
7.60.129
That is also to be found in the Orders of the day. We take up Part III. The first amendment is in the name of Professor K. T. Shah, amendment No. 238.

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7.66.164
     As for the amendment that my honourable Friend, Mr. K. T. Shah, moved, I agree with ShrimatiDurgabai that legislation has covered this problem in regard to Madras, but I think that if Mr. Shah's amendment could be accepted by this House so that the Devadasi system--the dedication of women in temples--is abolished by a categorical provision ...
7.66.183
    Mr. Vice-President, I should like to state at the outset what amendments I am prepared to accept and what, I am afraid, I cannot accept. Of the amendments that have been moved, the only amendment which I am prepared to accept is the amendment by Prof. K. T. Shah, No. 559, which introduces the word "only" in clause (2) of article 17 after the...

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9.116.221
The other amendment I have proposed is No. 150 and similar amendment has been moved by my Friend Professor Shah and he has spoken a lot over it and I share his views. The amendment reads :     "That in amendment No. 6 of List I (Third Week) of Amendments to Amendments, after the proposed new clause (2) of article 5, the following proviso be adde...
9.116.161
There is another word "Dominion" here. The word "Dominion" will on the ears of people after India has obtained freedom and has ceased to be a Dominion. I therefore think that in article 5-B, the words of "Dominion of India" should be changed to some other language. In fact in connection with another article of the Constitution we felt that the w...

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7.72.39
: Sir, my honourable Friend Prof. K. T. Shah, has raised a very important issue, viz., to introduce the system now in vogue in the United States of America. Sir, today in democratic countries, two different systems are working, one is the system now in vogue in the U.S.A. and the other is the Cabinet system of responsible government. We appoint...
7.72.37
Thirdly, Prof. Shah wants that the President should be a non-party man. If the procedure that Professor Shah envisages is adopted, he will certainly become a party candidate. The presidential candidate who has to carry on an election campaign from one corner of the country to another will certainly be put up by some party or another and that el...

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8.89.194
     As regards the question of the independence of the Judiciary, which my Friend Professor Shah emphasised, ample care has been taken in this Chapter that the judicial system in India under this Constitution should be an integrated system, and that it should be independent of the Executive in so far as it could be in a modern State. The House...
8.89.230
     : Sir, I do not think any reply is necessary. If I may say so, it was rather unfortunate that Professor Shah should have moved this amendment. This matter was discussed in great detail when we were discussing the Directive principle of State Policy. I do not therefore see why this matter was raised again and why there was a debate. The ma...

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7.67.230
Mr. Vice-President, Sir, I want to support amendment No. 528 which seeks to incorporate the words "without due process of law" in substitution of the words "except according to procedure established by law". In my humble opinion, if the clause stood as it is, it would have no meaning at all, because if the procedure prescribed by law were not f...
7.67.102
Mr. Vice-President, Sir, I have only a few submissions to make to the House. As regards amendment No. 607, moved by my honourable Friend, Prof. K. T. Shah, I entirely agree with him that the word `Hindu' used in this section should be widely defined. As a matter of fact, the Hindu Bill which is now before this House in its legislative capacity h...

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7.53.149
[Mr. Vice-President Sir, I rise to support the amendment moved by my friend Professor Shah. In view of the fact that the House has not accepted the qualifying word 'federal' for the word Union, I think it is necessary for us to define the status of the States. As my friend remarked, the provinces or States or Chief Commissioners' provinces cert...
7.53.51
On a point of order, Sir. We have already voted down the amendment of Prof. K. T. Shah. It contained the word "Federation" and the House has already given its decision on that question. If the mover of the present amendment moves his amendment, the House would be reconsidering the same question. Therefore, in view of the fact that this amendme...

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8.87.10
I submit, Sir, that as regards 72-B there is no need for a new article at the present stage. If Professor Shah would take the trouble of referring to an article which will come up before us shortly, namely, article 83, he will find that it provides for disqualifications of Members-either for being, chosen as Members of Parliament, or for contin...
8.87.151
Sir, I am sorry to say that I cannot accept the amendment moved by my Friend Professor Shah. I think Prof. Shah has really misunderstood the sequence of events, if I may say so, in the life of a candidate who has been elected until the time that he becomes a member of the House. If Prof. Shah were to refer to article 81 and also note the heading...

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8.101.154
    I could not follow why my honourable Friends Professor Shah or Shri Jagat Narain Lal fought shy over the word Consolidated Fund or the Contingency Fund. In the past we were committed to large capital expenditure. Money is voted; but the money is never spent during the year. If there is a system of creating this Contingency Fund of India, the...
8.101.146
    Then in the Committee of Supply the period for consideration is fixed as 20 days, and the estimates are closely examined and discussed. In the Committee stage every member has got the right to speak as many times as he deems necessary. At present while the Budget is presented, we cannot speak more than once and if we really want to change th...

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8.88.178
: I know that, Sir. I feel when any Bill authorises any body to impose taxes, that should also be a Money Bill. In fact, I think Prof. Shah's amendment which wants to add at the end of sub-clause (a) of clause(1) of article 90 the words, namely: "duty, charge, rate, levy or may other form of revenue, income, or receipt by Governments or of expe...
8.88.73
: Professor Shah may move amendments Nos. 1642 and 1643 together.

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8.95.250
:Sir, my Friend Prof. K. T. Shah wants that pensions should be provided for the Governors. I have considerable sympathy for the point of view that he has placed before the House, because as a rule, except under exceptional circumstances, we shall be appointing men from the public life of India to these offices and in Public life there are not ma...
8.95.241
:There is notice of an amendment by Professor Shahsuggesting the addition of a new article 135.

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8.100.81
     Mr. President, I rise to support the amendment that has just been brought before the House by my Friend Professor Shah. The amendment seeks tosub serve the cause of judicial independence and integrity. I believe Prof. Shah does not wish to debar retired Judges from aspiring to any office like that contemplated in this amendment, but this in...
8.100.230
      Mr. President, Sir, the High Court has got an inherent power to call for the record of any case and dispose of it. Article 204 says that the High Court shall, if there is any substantial question of law as to the interpretation of this Constitution involved in the case, call for record of the case and dispose of the case. My honourable Fri...

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9.119.89
Prof. Shah may now speak. After he speaks, I will put the closure.
9.119.21
      2269 Professor Shah  

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7.64.33
 Amendment Nos. 420, 421, and 424 are of similar import and I suggest that the House should consider them together. I suggest that amendment No. 421 be moved. This stands in the name of Prof. K. T. Shah.
7.64.22
Then we come to amendment No. 416 standing in the name of Prof. K. T. Shah.

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7.82.81
     By implication it means obviously that all executive actions should be taken by and in the name of the President, which is exactly the import, meaning and the implication of article 64, under discussion. I, therefore, fail to see any reason for Prof. K. T. Shah to go now behind the terms of his own amendment, which he moved to article 42. ...
7.82.94
     Amendment No. 1352 stands in the name of Prof. K. T. Shah.

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11.158.96
   Then coming to the Fundamental Rights there have been many criticisms, but ,on the whole I do think, and I have stated it repeatedly, that the freedom of speech or freedom of expression of views does not mean that a person should have license to speak anything that will be detrimental to our freedom. This is known in all democratic countries....
11.158.92
    These and many more instances, Sir, could be given to show that the Constitution we are passing has failed in material respects, in essential particulars, to carry out the ideals which we had hoped we would carry out. Even so, at this stage I am not prepared to say that this Constitution with all its defects, all its shortcomings, all its we...

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8.96.225
: Then we come to the Amendment moved by Mr. Kamath to which another Amendment was moved by Prof. Shah. I shall put Prof. Shah's Amendment first.
8.96.153
Then there is the Amendment of Mr. Kamath which seeks to be amended by the one moved by Professor K. T. Shah. There can be no two opinions about our being very punctilious and about our making every effort to see that our public men are as scrupulous as possible. It is with this end in view that the Amendment seeks to provide for a declaration ...

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7.63.100
 : Then 362 stands in the names of Dr.Pattabhi and others. They are not moving it. Then No. 363 in the name of Prof. Shah. The second part of this amendment and amendment No. 366 are the same.
7.63.35
 : Professor Shah may now move amendment No. 339.

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7.61.95
Sir, I support the motion made by our friend Shrimati Durgabai. I am afraid Prof. K. T. Shah and other friends who have tabled amendments and who have spoken against this motion have unnecessarily created a panic though there is absolutely no cause for alarm. I am sure they would all agree with me and with the mover of the motion that on merely...
7.61.91
Shri K. T. Shah gave to us the instances of other countries which devoted two or even three years for framing their constitution. But may I ask how many years have been devoted by us to the same task? Till now, we have devoted two years to it. How is it then people still say that sufficient time has not been given to us to consider and pass our...

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9.118.200
     : Yes, Mr. Shah is physically short-sighted, but he is able to see meanings which are not visible to others.
9.118.199
     : Professor Shah never sees the obvious!

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7.56.71
I am not moving my amendment, but I want to speak on the Article as a whole. Sir, this Article has been the subject of many amendments and the purpose of most of the amendments is that this Chapter should have some sort of binding force. I have also given notice of an amendment which is No. 861 in the printed list and which says that "After a p...
7.56.135
Now it is said by some that these are fundamental principles. I submit that if they are so fundamental they cannot be changed except by amendment of the constitution, and should not find a place here. In fact my own view of fundamental rights is that they are those which are taken away from the purview of the legislature; they are so fundamental...

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8.98.67
     I wish to oppose very strongly the very suggestion that it should be competent for any State to complain against any other State on a matter like what is embodied in this article. I was really surprised that a man like Professor Shah should come forward and should try to protect the interests of the people for whom I never expected that he ...
8.98.65
      Sir, I feel that there is no valid reason for the insertion of an article of this nature at this stage. Professor Shah has drawn the attention of the House to the increasing inter-provincial or inter-State jealousies based on various considerations such a language, caste, etc. But, as Professor Shibban Lal Saksena has pointed out, the Chap...

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9.109.256
 : I had already thought of that. I know it would be argued that it is unthinkable that the President would act independently without consulting his Council of Ministers. But all the same, the actual provision as it stands is such that a not very punctilious President may exercise taking the word of the Constitution and declare an emergency eve...
9.109.281
There is another aspect of this matter which those who are critics of this Constitution should note, viz. that this, as a written Constitution, has got therefore all the defects, incidental to it. If we do not envisage the possibility of there being some disturbance in the future which will upset the Constitution and provide against that contin...

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7.49.158
I am not inclined, Sir, to invite a repetition of your bell though I have a lot more to say. Even if you are gracious enough to extend the time, I would not be able to say it within this time limit. I would, therefore, reserve what I have to say to the time when the amendments come up for discussion. Thank you.
7.49.157
In the chapter relating to the distribution of financial resource and obligations, to which allusion was made this morning; in the chapter relating to the distribution of powers between the provinces or the units and the Union, in the question of the emergency powers, and so on, always there is a hint, behind the scenes so to say, there seems to...

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7.55.1
Sir, before we resume the discussion, I would like to raise a fundamental point of order. It refers to the rights and privileges of Members of this House. With all respect to you, may I beg to submit that by your not allowing me to move my amendment yesterday, I feel that I have been deprived of my rights in moving that amendment which, as a me...
7.55.130
I have come to the rostrum to honour my friend Mr. Naziruddin Ahmad by opposing this amendment. (Laughter). I regret that he has wasted some of our time and I curse myself that I cannot resist the temptation to oppose him and waste some time of the House also by doing so. I would be failing in my duty if I do not record here the appreciation wh...

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9.115.43
 : Sir, I stand to record my protest against the aspersions made by so scholarly a gentleman as Professor Shah. He finds unfortunately ghosts where there are none. He has made reference to Patronage. I would request him to show anything in the article wherein comes patronage. The appointment of a Finance Commission is a necessity. It is not pecu...
9.115.140
 : Sir, I wish to say a few words with reference to one point which struck me when Prof. Shah was speaking on article 268. Prof. Shah suggested that the Government of India and even Parliament should not be entitled to pledge the primary resources of the country in order to borrow. I entirely agree. But, according to my reading of articles 268 a...

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9.120.190
    Then an extraordinary suggestion has been made that we must pass an Act of Indemnity. What is the meaning of an Indemnity Act? In countries where parliamentary sovereignty obtains an Indemnity Act is generally passed after the war is over. In spite of all Acts and Ordinances, it may be that particular officers may have out stepped the limits...
9.120.151
    Nowhere in this Constitution is any mention made, so far as I remember, of such a provision as I am advocating here, that is to say, an Indemnity Act. Time and again; those in authority, those responsible for the Draft Constitution, have characterised criticism in this House as being destructive or serving no purpose either for themselves or...

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8.94.65
: Mr. President, Sir, I must say that Professor Shah's amendment is an original one and quite in conformity with ideas prevalent in the commercial world but I am afraid it is out of tune completely with existing practice in the matter of the appointment of the Auditor-General in this country and elsewhere. Actually the man who is an Auditor-Gen...
8.94.66
: Mr. President, I support the amendment moved by Prof. K. T. Shah on this ground that if a man working as an Auditor-General does not know the work of auditing how can he be appointed as an Auditor-General. We have passed the Chartered Accountants Bill. According to it, only that man shall be a registered Accountant who has carried out audit ...

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7.70.12
  I rule that Prof. Shah be allowed to move this amendment under 24-A. So far as amendments Nos. 717 and 718 are concerned, they are already covered by the earlier decisions of this House relating to Directive Principles.
7.70.11
:Mr. Vice-President, Sir, may I draw your attention to the motion itself as I read it at page 75 of the notice of amendments? Prof. Shah's amendment runs as follows: "That under the heading `Right to Property', the following new article be added" and "Right to Property" is the heading of article 24 and not of 23.

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9.111.153
The difference between an executive order of the kind contemplated in this amendment and an Act of Parliament is quite obvious. Whereas in an executive order the President alone will act, or perhaps one or two of his Ministers will advise him and he will act on that advice without any further discussion, in an Act of Parliament, it would be una...
9.111.152
I think this is an excess of power being given to the President, I think it is an excess, shall I say, of reaction against which the Draftsmen cannot be warned too strongly, cannot be warned too often. I would, therefore, suggest that if at all such a clause is necessary-for my part, I do not think it is necessary-it should be included as part ...

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11.159.147
The Draft Constitution, for the Third Reading of which we have assembled here, is not, like other Bills, an ordinary document. It is a very important document. This document is not prepared by a country many a time and God forbid we may not have to draft it afresh in the near future. I would also like to extend my thanks, on behalf of the House,...
11.159.140
Then, Sir, there is only one point and I would have done. Much has been said about civil liberty. Of course, our friend Professor Shah has his usual grouse against anything which theoretically does not suit this own mental makeup But when the question of civil liberty comes in, people talk of the individual civil liberty of those who want to tak...

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9.117.82
Now I come to article 5C. Prof. K. T. Shah was probably thinking of the Indians in Malaya when he gave notice of the amendment that if the municipal law of any country did not require that a man should renounce the citizenship of the country to which his ancestors belonged before acquiring the rights of citizenship in that country, there was n...
9.117.168
: Then we come to amendment No. 20 by Prof. K. T. Shah. I think this is more or less of a drafting nature. Could it be left to the Drafting Committee ?

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7.65.49
Mr. Vice-President, when I rose to speak, my first impulse was to support whole-heartedly the amendment moved by Mr. Kamath and even now I have come here with that idea. In the later speeches and amendments, one amendment has been moved byMr. Muhammad Ismail of Madras and I give my full support to it. Besides, I also support the amendment of Mr....
7.65.168
Now, the only point which I had noted down to which I had thought of making some reference in the course of my reply was the point made by my friend,Professor K. T. Shah, that the fundamental rights do not speak of the freedom of the press. The reply given by my friend, Mr. AnanthasayanamAyyangar, in my judgment is a complete reply. The press is...

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3.21.22
Mr. President, Sir, I had naturally hoped that we would make some progress towards socialisation at least when we gained our independence within a few months, but in these fundamental rights nothing has been put in regard to socialisation. I would have been really happy, had the amendment of Prof. K. T. Shah been accepted, because there is an e...
3.21.15
No, Sir.

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8.99.229
I have left out one thing. There is a proposal by Prof. Shah-amendment  2562- that a new article, 190-A be added. I do not know if it will come at this stage. Does Prof. Shah wish to move it?
8.99.234
In that case I shall not move it. (Amendment 2562 was not moved.)*Article 192(Amendments 2578 to 2580 were not moved.)

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9.136.52
: If you do not want me to say anything on that at the present moment, I will not. But I think the two articles are correlated and the one has to be read with the other. That is the only reason why local bodies are not being permitted to tax the Union property, because under 266-you are also exempting the State property and income from State pro...
9.136.50
In article 266 it is said that the property and income of a State shall be exempt from Union taxation. Will that necessarily mean that the property and income of any local authority within the State will also be exempt? If it means that, I should be happy. Secondly, clauses (2) and (3) of article 266 empower the Parliament to tax any trade or bu...

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10.154.5
The second part of my amendment is that exception (c) to Note 1 under rule (A) in paragraph 4 of the Handbook for Members be deleted. As one coming from Madras I know as a matter of fact that there is arrangement for running a restaurant car from Delhi to Balharshah and also from Balharshah to Delhi in the train service. This arrangement gives ...
10.154.475
: I am now going to take the amendments as they are on the Order Paper. I will see what is to be done about your amendment when we come to it. Prof. Shah is not here; so his amendment is not moved. Then Mr. Saksena’s amendment.

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2.15.104
 Shri K. T. Shah and        
2.15.90
 Shri Phool Bhan Shaha,

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9.138.232
      : Then I come to clause (2). There are several amendments to this clause. I take No. 394 of Prof. K. T. Shah. The question is:      "That in amendment. No. 369 of List VII (Seventh Week), in clause (2) of the proposed article 24,-(i) for the words 'No property' the words 'Any property' be substituted;(ii) for the words 'shall be taken' the...
9.138.230
      : Next is No. 388 of Prof. K. T. Shah. The question is:     "That in amendment No. 369 of List VII (Seventh Week), at the end of clause (1) of the proposed article 24, the following proviso be added :-"Provided that no rights of absolute property shall be allowed to or recognised in any individual partnership firm, or joint stock company i...

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10.149.33
: Kindly listen to me. You have had your say. I know the value of public money. I am not carried away by sentiments. I am a practical man and I believe in reality. What is the use of wasting public money? How do you feed your President, I want to know, when you have put in so many restrictions in the Constitution that he shall not do this, that...
10.149.99
Gandhiji was fond of referring to them as examples. Are we going to bury these principles of Asia at the altar of some European concept? I would refer the House to that letter which Gandhiji wrote to Lord Irwin on bended knees: he prayed for bread and got stones instead.

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2.12.81
The Members from Madras follow us easily when we express ourselves in English, and the proceedings of the House also receive convenient publicity. But I thought I should here speak in Hindi. I hear the voices of the sons of Bahadur Shah, now lying in their graves, saying "In what language are you expressing yourself? You are here tofulfil our de...
2.12.80
Only such a State can claim to be an ideal one where the present deplorable discrimination between the ruler and the ruled does not exist, where the people are not oppressed and exploited by the rulers. The people will imagine and desire a State which is based upon these high ideals of the 'Rigveda'. The Resolution before the House visualises su...

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11.162.94
    Thanks are due to many in this House for this Constitution, I would not like to repeat their names, but I cannot help feeling that you, Sir, have laid us under a deep debt of obligation and gratitude throughout the proceedings. You have been a monument of patience for men like me and others. I take this opportunity of thanking you on behalf ...
11.162.91
    I do not think I should conclude without saying a word about the great leaders of the opposition in the House—Messrs. Kamath, Sidhva, Naziruddin Ahmed and last but not least the veteran Constitutionalist from Bihar Mr. Brajeshwar Prasad. The large number of amendments that the Drafting Committee had ultimately to propose does show that there...

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11.165.307
     The proceedings of this Constituent Assembly would have been very dull if all members had yielded to the rule of party discipline. Party discipline, in all its rigidity, would have converted this Assembly into a gathering of yes' men. Fortunately, there were rebels. They were Mr. Kamath, Dr. P. S. Deshmukh, Mr. Sidhva, Prof Sexena and Pand...
11.165.210
     Sir, if I am to catalogue the various criticisms, it might take the entire time at my disposal. But I would like to tell the House that they form a bewildering complexity, one criticism contradicting the other. I might read out a few of the criticisms that I have jotted down. One of the basic defects of this Constitution is supposed to be ...

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11.163.65
My honourable Friend Prof. K. T. Shah in expatiating upon the merits of the Constitutional system based upon the principle of separation, did not fully realize the inevitable conflict and deadlock which such a system might result in a country circumstanced as India is. The breakdown provisions in the Constitution are not intended in any way to ...
11.163.25
Then, Sir, the sixth point is international peace. We pray for international peace. We have always believed in it, and I am proud of it when I say that India has never invaded any country outside its own boundaries, and I am happy at that thought. Like Alexander the Great or the great robber, no king of India marched on another land. Like Nadir...

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9.139.194
The movement for liberating ourselves which our people have carried on had a long history. The last phase of our armed efforts for liberation was the battle that we were forced to fight against the British Imperialist in 1857. The movement of 1857, known as the mutiny, was but an expression of that striving of our people for freedom. While the ...
9.139.194
The movement for liberating ourselves which our people have carried on had a long history. The last phase of our armed efforts for liberation was the battle that we were forced to fight against the British Imperialist in 1857. The movement of 1857, known as the mutiny, was but an expression of that striving of our people for freedom. While the ...

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3.19.139
Sir, I support the suggestion of Mr. Jaipal Singh regarding special protection to the tribal people. These people are down trodden and backward and need special provisions for their protection. It is not even, as Prof. Shah seems to suggest, a question of socialistic bias, but even in a bourgeois democracy the tribal people should have the exist...
3.19.128
I do not move my amendment (No.18 of Supplementary List II ) at this stage.

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4.27.106
Clause 3 of Part II lays down that the Pay of the Provincial High Court Judges cannot be decreased during their term of Office, but it does not say anywhere that it cannot be increased. Sir, we must maintain the dignity and impartiality of the High Courts at all costs, If we do not mention in our Act that their pay shall not be increased and de...

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7.50.99
Some criticism has been made in this House that this Constitution is more political than social and economic in nature. Prof. K. T. Shah gave vent to his feeling yesterday and I for one respect every word of what he said, but may I humbly submit that in this Constitution we have got sections 32, 33, 38 which deal with the social and economic asp...

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8.105.83
My Friend, Professor K. T. Shah, had then moved an amendment saying that the control and ownership of the natural resources of the country in the shape of mines and mineral wealth, forests, rivers and flowing waters as well as in the shape of the seas along the coast of the country shall be vested and belong to the country collectively etc. At ...

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9.144.114
My Friend, Prof. Shah and others have formed a separate party on this particular point. But here the attempt is to make India a sort of unitary government, and not only a unitary Government, but a sort of unitary empire. This merger of all the States into the Union clearly means that there is nothing more than that he wants to treat the whole o...

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11.160.5
    The Constitution that has been settled by the Assembly, I may describe as a centralised federation with a facade of parliamentary democracy. We have drawn up a very elaborate Preamble, but without the invocation of God, to me, Sir, it is like sounding brass and tinkling cymbal. We have proclaimed the immutable principles of justice, liberty,...

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4.28.70
Lastly, Sir, green reminds me of the fact that it was the emblem of the upsurge of India's freedom. Green was the emblem of the Flag which was raised by Bahadur Shah in 1857. But it has more than a sentimental or symbolical value to us Muslims because green was the colour of the Flag of the Muslims from the time of the great Prophet of Arabia th...

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6.47.214
I beg to move-THE SCHEDULE(See Rule 51.)     1.  The seats allotted to Indian States in the Statement shall be allocated among the various States and groups of States as in Annexure A, generally on the basis of one seat for one million of the population, fractions Of three-fourths or more being counted as one and lesser fraction being ignored in...

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3.20.10
I do not propose to move the amendments in my name.

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3.17.
     15. Professor K. T. Shah.

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7.52.125
 The traditions of the Khalifas of Islam - Abu Baqar and Shah Omar - are worthy of emulation. Germany, Italy and Turkey rose to grand heights under Hitler, Mussolini and Kemal Ataturk. The Soviet dictator has worked miracles. The days of Chandragupta Maurya, Asoka, the Guptas, Harshavardhana and Akbar were the best periods of our history when In...

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9.108.180
Imagine the position of Delhi today so far as the local self-governing organisation is concerned. There are four Municipalities in the City of Delhi. At a distance of every three miles there is a small Municipality. Not even the word 'Municipality' is there. It is a 'Municipal Committee', a third-rate name that is given for the local self-govern...

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9.143.6
     There are, of course, two ways of dealing with this matter. One way was to continue the jurisdiction of the Privy Council and dispose of all the appeals that are now pending before it. That was the procedure that was adopted in the Irish Constitution by article 37 whereby it was stated that nothing in their Constitution would affect the ju...

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4.22.5
55.  Mr. Chunnilal Purshottamdas.-, Shah.

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9.123.30
As I am thinking of Dr. Mookherjee I cannot forget to mention my Friend [Mr. Sidhva over there. He was perhaps thinking why, I am forgetting him but I had not forgotten him. I was thinking that at the end I would congratulate him and not only him but the great Parsee community to which he belongs, not only for giving up the claim of reservation...

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7.48.85
  Mr. PresidentI beg to move the following motion :       " That the provisions mentioned in the Constituent Assembly Notification, No. CA/43/Ser/48-II, dated the 3rd August1948, be made part of the Constituent Assembly Rules, as shown in the amendments below, with effect from 3rd August 1948."        For the Annexure to the Schedule substitute ...
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