Definition of State
Equality
forced labour
Reservation
Constitutional remedies
right to property
minority rights
religious education
freedom of religion
child labour
untouchability
due process
personal liberty
right to life
freedom of speech
right to freedom
abolition of titles
equality of opportunity
Discrimination
preventive detention
double jeopardy
union list
finance commission
fiscal federalism
taxation
residuary power
union of states
kashmir
seventh schedule
state list
emergency
parliamentary executive
supreme court
high court
judiciary
governor
powers of president
legislature
judicial review
public health
gender
international relations
separation of powers
protection of monuments
cow slaughter
social justice
compulsory education
cottage industry
public assistance
local government
panchayat
natural resources
enforceability
proportional representation
separate electorates
election commission
integration of states
universal adult suffrage

Speaker

B.R. Ambedkar

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9.143.668
     Sir, I move :     "That for clauses (1) and (2) of article 1, the following clauses be substituted:-     (1) India, that is, Bharat shall be a Union of States.     (2) The States and the territories thereof shall be the States and their territories for the time being specified in Parts I, II and III of the First Schedule."
9.143.117
     I do not accept the amendment. Mr. President Amendment No. 33 need not be put.

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9.142.84
Now, Sir, I am not prepared to accept that advice because I have not the least doubt in my mind that that is not the way of wisdom and therefore I will stick to article 15-A. I quite appreciate that there are certain points which have been made by the various critics which require sympathetic consideration, and I am prepared to bestow such cons...
9.142.283
With regard to the amendment moved by Mr. Chaliha, I am sorry to say I cannot accept it, for two reasons: one is that we do not want to introduce any kind of provincialism by law as he wishes to do by his amendment. Secondly, the adoption of his amendment might create difficulties for the province itself because it may not be possible to find a...

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9.133.103
     Now, the position of the tribals in Assam stand on a somewhat different footing from the position of the tribals in other parts of India.
9.133.2
     This amendment is introduced because it was felt that the original number forty might be too large.

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9.129.28
       No, Sir, I cannot accept the amendment.
9.129.191
  : Now, Sir, it is not clear from the statement of fact of that particular case what the nature of the particular tax was which was called in question, nor is it clear as to the severity of that particular tax which was called in question. In my judgment, apart from the levy of the tax, the severity of the tax also would be an element in consid...

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9.128.296
     : I move:     "That for entry 68 of List I, the following entry be substituted:-     "Elections to Parliament and to Legislatures of States and of the President and Vice-President; and Election Commission to superintendent, direct and control such elections.  
9.128.354
     : Once the Centre has sanctioned that the film is a good film and conforms to moral standards, I do not see any reason why there should be any further provision for the exhibition at all. The matter ends.

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9.127.204
     There is no fundamental change in this except that the latter part permits also Parliament to take over any institution which it thinks is of national importance.
9.127.203
     I submit the word "university" is a mistake and it ought to be "institution" and I hope you will permit me to substitute it.

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11.165.327
     The story is- I propose to recount it in the words of Bryce himself- that-     "Some years ago the American Protestant Episcopal Church was occupied at its triennial Convention in revising its liturgy. It was thought desirable to introduce among the short sentence prayers a prayer for the whole people, and an eminent  New England divine pr...
11.165.317
     The solution of this problem depends upon one's answer to this question which is the crux of the problem. There can be no doubt that in the opinion of the vast majority of the people, the residual loyalty of the citizen in an emergency must be to the Centre and not to the Constituent States. For it is only the Centre which can work for a c...

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7.48.224
Such are the special features of the proposed Federation. I will now turn to what the critics have had to say about it.
7.48.249
The provisions relating to amendment of the Constitution have come in for a virulent attack at the hands of the critics of the Draft Constitution. It is said that the provisions contained in the Draft make amendment difficult. It is proposed that the Constitution should be amendable by a simple majority at least for some years. The argument is s...

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9.136.162
I also move :"That for entry 58 of List II of the Seventh Schedule, the following entries be substituted :-'58. Taxes on the sale or purchase of goods other than newspapers.58-A. Taxes on advertisements other than advertisements published in newspapers.' "    
9.136.71
There is, however, one point which I have discovered now, that is a sort of lacuna in clause (1) which I am prepared to rectify. Clause (2) deals with the cases of those municipalities or local authorities which have been levying that tax. We also think that it is desirable that this right should not be confined to those municipalities or local ...

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8.105.100
 Sir, I gave in my speech when I moved the amendment the reasons why we thought such an article was necessary. There seems to be some doubt raised by my honourable Friend Mr. Pillai that this might also include the right to fisheries. Now I should like to draw his attention to the fact that fisheries are included List II-entry No. 29.
8.105.55
: I think that property is subject to partition between India and Pakistan, e.g. the India Office Library, etc., I understand that is being discussed.

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8.102.252
     and also-"That in sub-clauses (e) and (f) 'clause (1) of article 174, for the words Revenues of the State' the words 'Consolidated Fund of the State' be substituted."
8.102.271
I want article 175 to be held over.

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9.134.204
     : Sir, I move:     "That after paragraph 19, the following new paragraph be inserted:-     '20. Amendment of the Schedule.-(1) Parliament may from time to time by law amend by way of addition, variation of repeal any of the provisions of this Schedule and when the Schedule is so amended, any reference to this Schedule in this Constitution ...
9.134.6
  I should like to hear the Premier of Assam, if he has any views on this matter.

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7.73.100
: But that is not the amendment.
7.73.93
: I do not know. It is a mere matter of logic. It is perfectly possible to say that every disqualification should be laid down here. It is perfectly possible to say that some essential things may be laid down here and the others left to the Parliament. I cannot see any inconsistency in that at all.

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9.115.2
 : At the close of yesterday's sitting, Sir, I was dealing with the argument advanced by my Friend Pandit Kunzru in support of his amendment. I began by saying that it was desirable to remind the House of the provision contained in article 251(2) and article 253 as a sort of background to enable Honourable Members to follow what exactly Pandit K...
9.115.3
 Now I would briefly summarise what I said yesterday. The position is that so far as income-tax is concerned, the distribution and allocation of the proceeds are left to the President to determine, while the distribution and allocation of the Central duties of excise are left to be determined by law made by Parliament.  

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9.107.214
     Sir, this is in substitution of the old proviso. The old proviso contained three important provisions. The first was that it conferred power on the Governor to return a Bill before assent to the Legislature and recommend certain specific points for consideration. The proviso as it stood left the matter of returning the Bill to the discreti...
9.107.11
      : Sir, I move:

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10.146.209
     The question therefore is to what extent and tip to what period these powers should be lodged in that particular authority. My Friend, Dr. Deshmukh, said that under section 310 of the Government of India Act, the power was to last for six months. I think file is under a mistake. The power was to last for six months after Part III had come i...
10.146.43
    There is all amendment by Shri Brajeshwar Prasad adding a new article 307A.

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8.101.114
    The other provision which is new which we have inserted is what is called vote on account. Now, it is necessary perhaps to explain why we have introduced it. For that purpose I should again like the House to refer to article 93 as it stands. Under article 93 no money can be issued or spent for any services unless the whole of the detailed bu...
8.101.62
    : Sir, I do not think any very long discussion is necessary to come to a decision on the amendment I have moved. The House will remember when we were dealing yesterday with article 204 my Friend Mr. Bharathi raised a question which related to the last sentence in article 204, viz., that the High Court shall withdraw the case to itself and d...

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7.74.159
     Now, Sir, the other question is this: is it necessary to have these disqualifications laid down specifically and expressly in the Constitution? It seems to me that there is no necessity, for two reasons. One is that no person who has been shamed in this manner by a public trial and declared to be a public enemy would ever have the courage t...
7.74.314
     Sir, I move:     "That in clause (4) of article 55, for the words 'or position of emolument' wherever they occur the words 'of profit' be substituted."

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7.83.227
     The first amendment that I propose is, to delete the word "already" from paragraph 2.
7.83.264
     Now, with regard to the question of crime all that I need say is this that the Drafting Committee, in using the word `crime' in that particular article, was merely reproducing the provision contained in the Sixth Schedule of the Government of India Act, and I do not think that the Drafting Committee had anything more in mind than what is s...

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11.157.250
: He can act at any time. The Constituent Assembly will not be able to take notice of it, because it will not be in existence for this purpose after the 26th November. The point is this that the Government of India Act, 1935 will continue in operation after the 25th November, So long as that Act continues, the Governor-General's right to act u...
11.157.224
     Now, Sir, I come to article 34 which relates to martial law. This article, too, has been subjected to some strong criticism. I am sorry to say that Members who spoke against article 34 did not quite realise what article 20, clause (1) and article 21 of the Constitution propose to do. Sir, I would like to read article 20, clause (a) and also...

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10.153.385
: Oh, yes.
10.153.348
 : Sir, I might with your permission inform my Friend Sidhva that since the time when the discussion took place I made a little research and I find that the South African Parliament has passed an Act defining the immunities and privileges. I have got a copy; if he wants, I can transmit it for his study. It might be possible later on for our own...

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8.100.180
     My friend Mr. Kamath said that he did not know whether there was any precedent in any other country for article 200. I am sure he has not read the Draft Constitution, because the footnote itself says that a similar provision exists in America and in Great Britain. (Inaudible interruption by Mr. Kamath). In fact, if I may say so, article 200...
8.100.123
     I do not think anything is necessary.

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7.70.165
  These are quite general and wide terms.
7.70.29
: No.

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8.104.51
I shall state briefly why it is necessary to confer upon the Supreme Court this limited appellate jurisdiction in cases where there has been a sentence of death passed upon an accused person. The House should note that so far as our criminal jurisprudence, as it is enshrined in the Criminal Procedure Code, is concerned, there is one general pri...
8.104.70
Now, Sir, I come to some of the observations which were made by my Friend, Mr. Alladi Krishnaswami Ayyar. His observations related mostly to sub-clause (c). His first question was, what is the use of having sub-clause (c) if the provisions of sub-clause (3) are hedged round by the provisions contained in the proviso which goes with it, viz., ru...

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10.149.6
  In fixing these salaries we have been as fair as we could be. For instance, it would have been perfectly open for the Drafting Committee to say, following the rule that those who have been appointed before the 31st October 1948, if .their salary is in excess of what is the normal salary fixed by the Constitution, we could have also made a prov...
10.149.137
: President Rs. 5,500 a month.

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9.120.34
: Mr. Vice-President, Sir, I have given as close an attention as it is possible to give to the amendment moved by my honourable Friend Pandit Kunzru, and I am sorry to say that I do not see eye to eye with him, because I feel that in large measure his amendment seems to be quite unnecessary.
9.120.35
    Let us begin by having an idea as to what financial relations between the Centre and the provinces are normally going to be. I think it is clear from the articles which have already been passed that the provinces will be drawing upon the Centre, in the normal course of things.      (1)  proceeds of income-tax under article 251;     (2)  a sh...

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9.126.201
: Why don't you say what you want to say?
9.126.148
:      "That for entry 4 of List I, the following entry be substituted'4. Naval, military and air forces; any other armed forces of the Union.'"

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8.97.322
: Sir, I move:"That after clause (1) of article 166, the following new clause be inserted:-`(1a) No person shall be a member of the Legislature of two or more States and if a person is chosen a member of the Legislatures of two or more States, then at the expiration of such period as may be specified in rules made by the President that person's...
8.97.387
: I rise only for the sake of my Friend, Mr. Tyagi, as he has asked me one or two pointed questions. As he himself says that he is an illiterate, I can very well understand his difficulty in understanding the word `adherence'. I would therefore explain to him what the word `adherence' means. When one country is invaded by another country, what ...

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7.72.29
It is desirable that this amendment should be made, because there may be two legislatures in a State and consequently if this amendment is not made it will be open also to the Members of the Upper Chamber to participate in the election of the President. That is not our intention. We desire that only Members who are elected by popular vote shall...
7.72.151
: If there is only one candidate, he will be elected unanimously (Laughter), and no question of majority or minority arises at all.  

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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...
7.76.203
: That does not require any reply. All that has to be left to the Prime Minister.

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8.87.88
, Sir, I move :"That in clause(1) of article 80, for the words "Save as provided in this Constitution' the words 'Save as otherwise provided in this Constitution' be substituted."
8.87.326
No, unless Mr. Kamath wants me to say something in reply to him. Mr. Alladi and others have already given the reply, and I will also be saying mostly the same thing, probably in a different way.

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8.89.158
     : If he does not accept the advice of the existing ministry, he shall have to find some other body of ministers to advice him. He will never be able to act independently of ministers.
8.89.182
     This is merely consequential to the earlier article where India has been described as a Union.

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10.154.157
 : Sir, I think my Friend Mr. Sidhva has entirely misunderstood the position. If he will refer to List II, in Schedule Seven, items 30 and 35 which relate to the matters covered by the amendment moved by my Friend Shri T. T. Krishnamachari, he will see that the power of legislation given to the Centre under items 30 and 35 is of a very limited ...
10.154.565
: That is a different matter. I am for the moment discussing this narrow point: Does this Constitution say or does this Constitution not say that the Constitution is ordained, adopted and enacted by the people. I think anybody who reads its plain language, not dissociating it from the other parts, namely the descriptive and the objective cannot...

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8.99.67
The third point that I should like to make it this: that these Letters Patent were instituted or issued in the year 1862. These Letters Patent also contain a power for the Legislature to alter the powers given by the Letters Patent. But although this power existed right from the very beginning when the Letters Patent were issued in the year 186...
8.99.133
Therefore it is not correct to say that we are giving power to the Supreme Court. The power is with the Supreme Court is to be exercised with the approval of President. Another thing which has misled Mr. Santhanam is that he has not adverted to the fact that I proposed by amendment 42 in List I to add one more clause to article 121 which is (bb...

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9.108.188
Sir, the principal change sought to be effected by this Amendment is this. In the original Draft the power of creating a body, whether nominated or elected, for purpose of representation and a Council of Advisers or Ministers was a matter which was left to the President. The new Draft gives the power to Parliament and not to the President. That ...
9.108.132
 :Sir, I move:"That with reference to Amendment No. 2713 of the List of Amendments, clause (2) of Article 212 be omitted."

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8.106.108
: I do not agree. There are matters which are essential and which Parliament might think should be provided for by itself. There are other matters which Parliament may think are of such local character and liable to variations from province to province that it would be better for Parliament to leave them to the Local Legislature. That is the r...
8.106.165
: Sir, I move:   "That in clause (3) of article 301, for the word 'Parliament' the words 'each House of Parliament' be substituted."   

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9.111.89
Then with regard to my Friend Mr. Kamath's criticism that the next article, 280, was enough for the purpose, I think that is a misunderstanding of the whole situation, because unless power is given to modify, the suspension has no consequence at all. Therefore article 280 deals with quite a separate matter and has nothing to do with this articl...
9.111.169
These amendments are only consequential to what we have already accepted previously.

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8.98.113
  We are making provision for that by a separate article.
8.98.80
       Mr. President, Sir, I move:      "That in article 109, for the words `if in so far as' the words `if and in so far as' be substituted."(Amendment Nos. 1896 and 1897 were not moved.)

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8.86.117
: Mr. President, Sir, I beg to move:     "That the following new article be inserted after article 68 :-     '68-A. A person shall not be qualified to be chosen to fill a seat in Parliament unless he-(a) is a citizen of India;(b) is, in the case of a seat in the Council of States, not less than thirty-five years of age and, in the case of a se...
8.86.108
: Mr. President, Sir I do not think that anything has been said in the course of the debate on my amendment, No. 1464, which calls for a reply. I think the amendment contains a very sound principle and I hope the House will accept it.

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9.121.105
     Now I come to the other important matter relating to the employment or eligibility for employment of the members of the Public Services Commission- both the Union and State Public Services Commission. Members will see that according to article 285, clause (3), we have made both the Chairman and the Members of the Central Public Services Co...
9.121.108
     I do not think there is any other point which calls for explanation.

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7.62.159
 I request you to hold this article over.
7.62.130
The second question put to me was whether 'place of public resort' includes burial grounds. I should have thought that very few people would be interested in the burial ground, because nobody would care to know what happens to him after he is dead. But, as my Friend Mr. Nagappa is interested in the point should say that I have no doubt that a p...

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8.96.72
: This is my reply. The Canadians and the Australians have not found it necessary to delete this provision even at this stage. They are quite satisfied that the retention of this provision in section 55 of the Canadian Act is fully compatible with responsible government, If they had felt that this provision was not compatible with responsible ...
8.96.70
: That does not matter at all. The date of the Act does not matter.

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9.141.33
:Sir, I move:"That after article 15, the following article be inserted:- Protection against certain arrests and detentions. '15A. (1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult a legal practitioner of his choice.(2) ...
9.141.20
With regard to the amendment of my Friend Prof. Shibban Lal Saksena, there are two points to which I would like to reply, The first is this, that it there is to be an appeal to the Supreme Court in matters of sentence of death passed by Courts-martial. then such a provision could be easily made by the Indian Army Act giving the accused person th...

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9.135.107
    I should have thought that that was probably the best provision that we have for the safety and security of the civil service, because it contains a fundamental limitation upon the authority to dismiss. It says that no man shall be, dismissed unless he has been given an opportunity to explain why he should not be dismissed. If such a provisi...
9.135.47
 He can go on; I merely wanted to draw his attention.

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9.130.396
: Before we conclude discussion of the three Lists this matter may be brought up.
9.130.355
 : Sir, I move     "That in entry 50 of List II, the words 'or roads' be added at the end."

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7.68.161
The second difficulty is much more real than the first, namely the multiplicity of religious we have in this country. For instance, take a city like Bombay which contains a heterogeneous population believing in different creeds. Suppose, for instance, there was a school in the City of Bombay maintained by the Municipality. Obviously, such a sch...
7.68.97
:  Sir, I move:    "That in clause (1) of article 22, the words "by the State" be omitted."

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8.103.24
  If it is to be taken as an amendment to No. 2743, then obviously, as this goes far beyond the scope of 2743, it cannot be moved unless the Member satisfies you that he is not substantially changing the original amendment. As it is, it is a pure reproduction of the amendment which stands in the names of Messrs. Santhanam, Ananthasayanam Ayyanga...
8.103.10
   We have not got copies of his amendment.

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9.110.3
 If that is so, I agree.(Amendments Nos. 3004 and 3005 were not moved.)
9.110.23
    Sir, I move:     "That Article 188 be deleted."

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10.151.298
With regard to the question of Ministers, that will be regulated by law made by Parliament. Whether Parliament will be prepared to give them salary with house, and if with house, whether it will be free of rent or with rent, are all matters that will be regulated by Parliament, because the offices of Ministers are political offices dependent up...
10.151.158
: I have nothing to add to what has already been said.

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9.132.6
The other important thing to which I should like to call the attention of honourable Members is to paragraph 6. Paragraph 6, as originally drafted, set out a schedule of what are to be scheduled areas. This provision has become necessary particularly because it is not possible at this stage to know what are going to be the scheduled areas in St...
9.132.123
 : I have no idea about them. These should not be allowed.

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8.93.183
    : Mr. President, the amendment which I have moved covers practically all the points which have been raised both by Mr. Kamath as well as by Mr. Jaspat Roy Kapoor.
8.93.159
    Sir, I beg to move:     "That in article 107 the words 'subject to the provisions of this article' be deleted."

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9.119.8
As you have said, Sir, this article in a different form was before the House last time. The article as it then stood, merely said that the composition of the Upper Chamber shall be as may be prescribed by law made my Parliament. The House thought that that was not the proper way of dealing with an important part of the constitutional structure ...
9.119.137
     Sir, my amendment merely replaces the original articles 189 and 190. The only thing we are doing is that we are transferring the provisions contained in articles 189 and 190 to another and a separate part. It is because of the transposition that it has become necessary to re-number them in order to secure the necessary logical sequence of ...

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8.95.188
: Sir, I moved""That in clause (1) of article 135, for the words 'either of Parliament or,' the words of either House of Parliament or of a House' be substituted."This is a formal amendment.
8.95.189
Sir, I move:"That in clause (1) of article 135-(a) for the words 'member of Parliament or' the words 'member of either House of Parliament or of a House' be substituted,(b) for the words 'in Parliament or such legislature as the case may be' the words in that House' be substituted."

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9.114.143
     This is done in order to bring the same nomenclature in article 259 which has been given to this officer in the previous article this Assembly has passed.
9.114.163
 I have a right to withdraw it.

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9.113.94
   No doubt the point raised by my honourable Friend is quite valid, but I submit that you have infinite discretion in this matter to allow any amendment if it is an amendment of importance.
9.113.81
     Mr. President, Sir, in my reply to the debate, I do not propose to go over the many tales of woe that have been sung in this House by Members from different provinces who feel that they have been badly treated in the distribution of revenues that has been ordered under the Government of India Act, 1935. I just propose to take the few more c...

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9.112.182
Professor Saksena said that it was not proper for the Drafting Committee to have originally put clause (1) in the article, and now be ready to accept the amendment moved by Mr. Tyagi. I should like to state that clause (1), which the Drafting Committee put, does not have its origin in the deliberations of the Drafting Committee itself. That cla...
9.112.185
: Oh, Kirpans stand on quite a different footing.

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7.78.135
  Mr. Vice-President, Sir, I move:     "That for clause (2) of article 67, the following be substituted :'(2) The members to be nominated by the President under sub-clause (a) of clause (1) of this article shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely :Letters, art, ...
7.78.262
   Then I do not think I need say anything about it. There remain only two-one is the amendment of Mr. Kunzru. He was very naturally considerably agitated over the proviso which stood in the Draft Constitution and which provided for the 40 per cent representation to representatives of the States. I think it is desirable that I should clear the g...

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7.63.67
  It is quite obvious that we have not specified parts. We have merely said `First Schedule' and First Schedule includes all the States in the First Schedule.
7.63.199
: Mr. Vice-President, Sir, I am going to say at the outset, before I deal with the specific questions that have been raised in the course of the debate, that I cannot accept amendment No. 334 moved by Mr.Misra; nor can I accept the two amendments moved by my friend, Mr.Naziruddin Ahmad, Nos. 336 and 337. I am prepared to accept the amendment of ...

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7.66.188
    It is better to use a wider phraseology which includes both.
7.66.90
    Yes, but reasonable restrictions do not mean that the restrictions can be such as to altogether destroy the freedom and equality of trade. It does not mean that at all.

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10.148.203
With your permission, I will explain the provisions tomorrow.
10.148.129
Then I am moving my amendment No. 205 to substitute a different explanation."That in amendment No. 164 of List III (Second Week), for the Explanation to clause (1) of the proposed new article 312F, the following Explanation be substituted:--'Explanation.--For the purposes of this clause--(a) all such castes, races or tribes or parts of or group...

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7.75.9
: Mr. Vice-President, Sir, I regret that I cannot accept any of the amendments which have been moved, to this article. So far as the general debate is concerned, I think there are only two amendments which call for any reply. The first is the amendment moved by Mr. Tahir, No. 1215. Mr. Tahir's amendment proposes that the same system of election...
7.75.10
The second amendment which calls for a reply is the amendment moved by Mr. Naziruddin Ahmad, No. 1219. He has suggested that the word "assembled" should be dropped. Now, the reason why the word "assembled" has been introduced in this article is to avoid election being conducted by posting of ballot papers. We all know that the postal system, wh...

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7.64.287
When the Drafting Committee was dealing with the question of Fundamental Rights, the Committee appointed for the Tribal Areas had not made its Report, and consequently we had to use the word 'aboriginal', at the time when the Draft was made. Subsequently, we found that the Committee on Tribal Areas had used the phrase "Scheduled Tribes" and we h...
7.64.229
Sir, I move:     "that with reference to amendment No. 454......"

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10.147.262
    Sir, I move:      "That in amendment No. 9 of List I (Second Week), after clause (3) of the proposed article 31 1, the following new clause be inserted:-     '(3a) Not withstanding that any such vacancy in the Constituent Assembly of the Dominion of India as is mentioned in clause (3) of this article has not occurred under that clause, step...
10.147.260
       Sir, I move:      "That for article 31 1, the following article be substituted:-Provisions as to provisional Parliament of the Union and the Speaker and Deputy Speaker thereof.311. (1) Until both Houses of Parliament have been duly constituted and summoned to meet for the first session under the provisions of this Constitution, the body ...

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7.65.169
Now, with regard to the question of bearing arms about which my friend Mr. Kamath was so terribly excited, I think the position that we have taken is very clear. It is quite true and everyone knows that the Congress Party had been agitating that there should be right to bear arms. Nobody can deny that. That is history. At the same time I think t...
7.65.180
Now, Sir, my friend, Mr. Jaipal Singh asked me certain questions about the Adibasis. I thought that was a question which could have been very properly raised when we were discussing the Fifth and the Sixth Schedules, but as he has raised them and as he has asked me particularly to give him some explanation of the difficulties that he had found, ...

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8.90.162
     : No, he is paid. It is an office of profit under the Crown.
8.90.10
     Mr. President, Sir, I move:     "That in clause (1) of article 103, for the words 'and such number of other judges not being less than seven, as Parliament may by law prescribe' the words 'and until Parliament by law prescribes a larger number, of seven other judges' be substituted."

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7.58.163
My honourable friends have forgotten, that, apart from the North-West Frontier Province, up till 1937 in the rest of India, in various parts, such as the United Provinces, the Central Provinces and Bombay, the Muslims to a large extent were governed by the Hindu Law in the matter of succession. In order to bring them on the plane of uniformity ...
7.58.7
Sir, I oppose the amendments.

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7.60.154
Mr. Vice-President,I must confess that although I had concentrated my attention on the speech of my friend who moved this amendment, I havenot been able to follow what exactly he wanted to know. Ifhis amendment is to delete the whole of article 7, I canvery easily explain to him why this article must stand as part of the Constitution.
7.60.118
Sir, I accept Mr.Kamath’s three amendments. I accept Dr.Subbarayan’samendment and I accept the amendment moved by my honourablefriend, Mr.AnanthasayanamAyyangar. I do not accept anyother amendment.

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7.59.39
I ask the indulgence of the House as I have overlooked another amendment. That is No. 81 in list No. 3 - by SardarBhopinder Singh Man. Does he propose to move it?
7.59.69
I do not think the House would have found any difficulty in accepting this amendment. Two points have been raised against it. One is by Prof. Khandekar who represents Kolhapur in this Assembly. I am sure that Mr. Khandekar has not sufficiently appreciated the fact that this clause is one of the clauses of an Article which enumerates what are ca...

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9.109.106
The second change that is introduced is in sub-clause (c) of clause (2). Originally it was provided that the Proclamation shall cease to operate at the expiration of six months. It is now proposed that it should cease to operate at the expiration of two months. Six months was felt to be too long a period.
9.109.91
Sir, it will be remembered that when the House discussed the constitution of States in Part I, it was decided that every State should have a High Court. States in Part II are also States; consequently the provision which applies to States in Part I, namely, that each State should have an independent High Court, must also apply to States in Part...

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9.125.111
 After the word "sincerely"? After "sincerely" I would like to add something more. It would not be enough.
9.125.11
That was the original proposition passed by this House. Subsequently the Advisory Committee came to the conclusion on the consent of the two minorities--Muslims and Christians--that they were not to be treated as minorities. When the House has now accepted that the only minorities to be provided for in this manner are the Scheduled Castes and t...

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9.118.220
     That is what exactly I am explaining. As I said, the only difference that will now be found between the original article 291 as unadapted and the proposed new clause is this that it is proposed by this new article to give power to the Governor-General to alter the provisions with regard to the composition of the Legislature. I admit that th...
9.118.214
     In order to put the House in a proper frame of mind--if I may say so without meaning any offence--I should like to draw the attention of the House to the wording of Section 291 of the Government of India Act as it was in operation before it was adapted after the Independence Act. Now I shall read just a few lines of that Section 291."In so ...

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11.155.41
     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...
11.155.39
     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 Com...

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8.94.142
: Sir, this article is an exact reproduction of article 42 which deals with the executive power of the Union. There is no change made at all. Word for word this article is a reproduction of article 42. I find from the book of amendments that exactly similar amendments were tabled to article 42 and they were debated at greatlength. I do not thi...
8.94.81
:Sir, with regard to the amendment of my friend Mr. Kunzru I am prepared to accept it provided he is prepared to drop the words "or any local" ...

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7.54.98
Mr. Vice-President, I am agreeable to the principle of the amendment moved by my friend Mr. Santhanam. The only point is that I like slightly to alter the language to read "or by uniting any territory to a part of any State".
7.54.110
Sir, I move:     "That for the existing proviso to article 3, the following proviso be substituted:     'Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the president and unless --(a) where the proposal contained in the Bill affects the boundaries or name of any State or St...

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8.88.130
will realise that the provisions contained in clause (2) of article 87. Therefore it is necessary to state that the Bill passed in a joint sitting shall be presented to the President notwithstanding the fact that there is a deviation from the main provisions contained in clause (2) of article 87. That is why I submit that the words "for the pu...
8.88.99
: Sir, I moved:"That is clause (2) of article 88, before the last word 'days' the word 'consecutive' be inserted."Amendment No. 1654 was not moved.

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3.20.68
I submit that we ought not to rest content with that kind of reasoning which the Supreme Court in India may adopt or may not adopt. Therefore, my, suggestion is this, that, just as in the case of the other clause dealing with citizenship you were good enough to remit the matter to a small committee to have it further examined. It will be desirab...
3.20.67
May I make a suggestion? We have heard the arguments of Sir AlladiKrishnaswamiAyyar who has said that according to his reading of the rulings of the Supreme Court of the United States, even if the Explanation was not there, the State would be permitted to have compulsory military service. Fortunately, for me I also happened to look into the very...

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9.123.214
       Sir, I move:         "That after article 295, the following new article be inserted:-Reservation of seats for Scheduled castes and Scheduled tribes to cease to be in force after the expiration of ten years from the commencement of this Constitution.'295-A. Notwithstanding anything contained in the foregoing provisions of this Part, the pr...
9.123.125
With regard to the point raised by my Friend Mr. Pillai that the population according to which seats are to be reserved should be estimated by a fresh census, that matter has been agitated in this House on very many occasions. I then said that it was quite impossible for the Government to commit itself to taking a fresh census but the Governmen...

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7.77.140
: The whole thing is simply good for nothing, so to say. It might still be possible, notwithstanding this amendment, for the Minister to arrange the transfer of his assets during the period in such a manner that nobody might be able to know what he has done and therefore, although the object is laudable, the machinery provided is very inadequat...
7.77.150
: I have dealt with that.

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7.56.181
If he wants to withdraw, I have no objection; let him withdraw.
7.56.169
My friend Mr. Tyagi made an appeal to me to remove the word 'strive', and phrases like that I think he has misunderstood why we have used the 'strive'. The word 'strive' which occurs in the Draft Constitution, in judgment, is very important. We have used it because our intention is even when there are circumstances which prevent the Government, ...

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7.57.184
Sir, as I said, I accept the amendment. I have nothing more to add.
7.57.144
Sir, I accept the amendment.

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7.69.200
Coming to the other question, namely, whether this Constitution should not embody expressly in so many terms, that the right to receive education in the mother tongue is  a Fundamental Right:  Let me say  one thing and that is that I do not think that there can be any dispute between reasonably-minded people that if primary education is to be o...
7.69.197
I think another thing which has to be borne in mind in reading article 23 is that it does not impose any obligation or burden upon the State. It does not say that, when for instance the Madras people come to Bombay, the Bombay Government shall be required by law to finance any project of giving education either in Tamil language or in Andhra la...

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9.122.163
     Mr. President, Sir, after the speeches that have been made by my Friend Mr.Ananthasayanam Ayyangar and my Friend Mr. Kunzru, there is very little that is left for me to say in reply to the various points that have been made. Mr. Jaspat Roy Kapoor said that clause (2) was unnecessary. I do not agree with him because clause (2) deals with a m...
9.122.196
    : I move that for article 292, the following be substituted : Reservation of seats for Scheduled Castes and   scheduled Tribes in the House of the People.(a) the Scheduled Castes ;(b) the scheduled tribes except the scheduled tribes in the tribal areas of Assam:(c) the scheduled tribes in the autonomous districts of Assam.     (2) The numbe...

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7.55.33
: The amendment moved by my friend Mr. Kunzru is an amendment which carries a great deal of my sympathy but unfortunately in the circumstances in which we stand, I am not in a position to accept the same. The arguments urged by my friend in supporting his amendment was that when I had stated originally in moving my amendment was inconsistent wit...
7.55.35
With regard to Article 230, my submission is also the same. My learned friend will remember that the Indian States apart from what they do after the Constitution is passed have at any rate for the present, acceded on the basis of three subjects and one of the subjects is Foreign Affairs. Obviously implementation of the treaty is nothing but an ...

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9.117.136
My Friend, Dr. Deshmukh said that by the draft articles we had made our citizenship a very cheap one. I should have thought that if he was aware of the rules which govern that law of citizenship, he would have realised that our citizenship is no cheaper than would have been made by laws laid down by other countries.
9.117.137
With regard to the point that has been made by my Friend Prof. K.T. Shah that there ought to be positive prohibition in these articles limiting Parliament's authority to make law under article 6 not to give citizenship to the residents of those countries who deny citizenship to Indians resident there, I think that is a matter which might well b...

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11.156.91
   : Before my honourable Friend proceeds further. I would like to point out that the words "and any failure to comply with such directions shall be deemed to be a failure to carry on the Government of the State in accordance with the provisions of this Constitution" have been omitted from article 371 which corresponds to the original article 30...
11.156.39
    : I think it would be better if he speaks after I have completed my argument. If he refers to article 306-B which deals again with the power to issue instructions and directions to States in Part III which are now States in Part B of the First Schedule, he will see that the last portion says: "any failure to comply with such directions shal...

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7.53.176
I say it is quite un necessary, and I oppose it.
7.53.168
Sir, I do not know why the Honourable Member objects to the word 'the'. 'The' is a definite article, and it is quite necessary, because we are referring to the States in the Schedule. We are not referring to States in general, but to certain specific States which are mentioned in the Schedule. Therefore the definite article 'the' is necessary....

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7.71.93
     : Mr. Vice-President, Sir, before I take up the points raised by Prof. K. T. Shah in moving his amendment, I would like to dispose of what I might say, a minor criticism which was made by Mr. Kamath. Mr. Kamath took the Drafting Committee to task for having without any warrant altered the language of the report made by the committee dealing...
7.71.94
    The word "Rashtrapati" is not used there.

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7.81.162
   Sir, I beg to move:     "That for the proviso to clause (3) of article 149, the following be substituted :--'Provided that where the total population of a State as ascertained at the last preceding census exceeds three hundred lakhs, the number of members in the Legislative Assembly of the State shall be on a scale of not more than one member...
7.81.98
    Mr. Vice-President, Sir, I regret I cannot accept any of the amendments that have been moved to this particular article. I find from the speeches that have been made that there is not the same amount of unanimity in favour of the principle of having a second Chamber in the different provinces. I am not surprised at the views that have been e...

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7.79.187
     There is a third consideration which I think, it is necessary to bear in mind. In this country, for a long number of years, the people have been divided into majorities and minorities. I am not going into the question whether this division of the people into majorities and minorities was natural, or whether it was an artificial thing, or s...
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...

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7.79.200
    Amendment No. 1426 for dropping the words of India may be put, Sir.
7.79.193
    I have accepted the amendment of Mr. Naziruddin Ahmad as amended by him and as amended by ShriBhargava.

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9.144.140
It is proposed to alter the clause in article 3 dealing with the reorganisation of the provinces and States. States in both Parts I and III will be brought on the same level. There is an amendment to the article and that difference is going to be eliminated and it will disappear.
9.144.35
Why all this eloquence over it ?

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6.47.138
In the light of this it will be clear that a provision for changing the existing Constitution by a Bill is necessary. Those who realize this fact and also realize that the purpose of adaptation is the same as that of the Bill amending the Constitution cannot question the validity of the provision for requiring the Governor-General's assent to th...
6.47.135
Mr. President, Sir, I rise to explain some of the criticisms which have been levelled by Mr.Santhanam against the Motion moved by ShrimatiDurgabai proposing the adoption of certain Rules by this Constituent Assembly. One of the criticisms levelled against her proposal is by Mr.Santhanam. Mr.Santhanam's main criticism is that the existing Rule 2...

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7.67.30
(Bombay: General) Sir, I beg to move:  "That in clause (2) of article 19, for the word "preclude" the word "prevent" be substituted."
7.67.66
I was discussing another amendment with Mr. Ranga here and so.......

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1.7.26
Mr. Chairman, the Resolution in the light of the discussion that has gone on since yesterday obviously divides itself into two parts, one part which is controversial and another part which is non-controversial. The part which is non-controversial is the part which comprises paragraphs (5) to (7) of this Resolution. These paragraphs set out the ...
1.7.27
Now, I come to the first part of the Resolution which includes the first four paragraphs. As I said, from the debate that has gone on in the House, this has become a matter of controversy. The controversy seems to be centred on the use of that word 'Republic'. It is centred on the sentence occurring in paragraph 4 "the sovereignty is derived fr...

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9.124.90
     Next, with regard to the question raised by Mr. Naziruddin Ahmad, one part of it has been, I think, met by the amendment moved by my Friend Mr. Krishnamachari which I also accept. I am not at all clear in my own mind at the present stage whether the words in the clause mean that the time-limit should begin to operate from the commencement ...
9.124.92
     I would like to say one or two words on the remarks of Members of the Scheduled Castes who have spoken in somewhat passionate and vehement terms on the limitation imposed by this article. I have to say that they have really no cause for complaint, because the decision to limit the thing to ten years was really a decision which has been arr...

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9.140.2
 : Sir, I move for leave to introduce a Bill to abolish the jurisdiction of His Majesty in Council in respect of Indian appeals and petitions.
9.140.480
   : That is a matter we will took to later on.

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7.61.162
 Sir, the reason for bringing in this amendment is this: It will be noticed that in article 8 there are two expressions which occur. In sub-clause (1) of article 8, there occurs the phrase "laws in force", while in sub-clause(2) the words "any law" occur. In the original draft as submitted to this House, all that was done was to give the definit...
7.61.177
Probably he may not find it necessary to continue his speech if I refer to him this fact, namely, that the expression "law" in (3) (a) has reference to law in 8(1).

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7.82.97
     : No, Sir. I do not accept Mr. Kamath's amendment.
7.82.82
     : Mr. Vice-president, Sir, I do not think any, reply is called for.

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10.150.2
Sir, I move."That article 224 be omitted.""That article 225 be omitted.""That after article 235, the following new article be inserted, namely:--Armed forces in States in Part III of the First Schedule., '235 A.  (1) Notwithstanding anything contained in this Constitution, a State for the time being specified in Part III of the First Schedule ha...
10.150.200
I would ask Mr. T. T. Krishnamachari to move the amendments on my behalf.

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11.158.2
     Mr. President, Sir, I move :     " That the Constitution as settled by the Assembly be passed."(Cheers)
11.158.5
   I propose to speak at the end. It is not the usual thing to speak now.

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4.27.171
It should not be concluded today.
4.27.72
The sentence will read now, "If the Bill is passed again by the legislature with or without amendments, he shall assent to it".

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3.21.118
I think that a clause somewhat on these lines is necessary and it will cover the case of people who are born in India, who will be the subjects of the Union, when the Union comes into being. Without this clause, large numbers of people will be de-nationalized. They will have no nationality at all. I, therefore, suggest that it may be as well to ...
3.21.117
is a point of great importance and we have to take this matter seriously. The difficulty that has arisen will be seen easily if one reads the very first sentence of the clause as drafted by the Committee. The draft says, 'every person born in the Union'. Obviously that has reference to future, those who will be born in the Union after the Union...

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10.152.314
     I have nothing to say.

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10.145.17
      I think, Sir. that 10 to 1 will be all right.

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9.116.89
: But he has not even moved it! Oh, that proviso-yes, I have accepted it.

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3.18.21
I do not wish to interrupt the speaker; but in dealing with clause 8(e), he is rather giving a wrong impression of the whole clause.
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