Definition of State
Equality
forced labour
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minority rights
religious education
freedom of religion
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abolition of titles
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Discrimination
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union list
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seventh schedule
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protection of monuments
cow slaughter
social justice
compulsory education
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public assistance
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panchayat
natural resources
enforceability
proportional representation
separate electorates
election commission
integration of states
universal adult suffrage

Speaker

B.R. Ambedkar

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9.128.139
    : Sir, I move:     "That for entry 60 of List I, the following entry be substituted:-     '60. Ancient and historical Monuments and Records declared by Parliament by law to be of national importance.'"
9.128.215
     : Sir, with regard to the amendment to have a new entry 64A, I may say that this matter was placed before the Premiers' Conference and the  Premiers' Conference did not agree to the proposal.

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9.133.162
 This amendment makes an important change. Originally under sub-para. (2) of para. 4 the decision of the District Court was final. Now we have provided that they shall be subject to appellate jurisdiction of the High Court and the Supreme Court which was a necessary provision.
9.133.146
     With regard to my amendment and the amendment moved by my honourable Friend Mr. Rohini Kumar Chaudhuri, there is hardly any difference except a failure to understand on the part of my honourable Friend as to what the word 'Governor' means. He says that the laws shall be approved by the legislature of Assam. According to my amendment, the la...

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9.129.271
 No discussion is necessary. I do not wish to say anything.
9.129.406
 : It is not a proper amendment, I cannot accept that.

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9.127.101
     My Friend Mr. Naziruddin Ahmad said as a second count against this entry that there ought to be a semi-colon after 'Piracies'. Now, that, I think, would distort the meaning and the purport of item 22. Supposing we had a semicolon after 'piracies', 'piracies' in item 22 would be dissociated from the rest of the entry. Now, if piracies are d...
9.127.252
     With regard to the amendment of my honourable Friend Mr. Naziruddin Ahmad, Delhi University is as was pointed out by already under the Central Legislature by virtue of the fact that the Delhi University is in a Commissioner's province, which is subject to the legislation of the Centre. Therefore, in introducing the words "Delhi University"...

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8.102.108
     Then my Friend, Mr. Santhanam, said, if I understood him correctly, that article 95--I do not know whether he referred to article 96: but he certainly referred to article 95--would nullify clause (3) of the new article 94. Clause (3) stated that no money could be spent except under an appropriation made by law. He seemed to be under the imp...
8.102.166
   It the honourable Member will read carefully sub-clause (2), he will see what sub-clause it deals with. It says, "The Provisions of articles 93 and 94 of this Constitution shall have effect in relation to the making of any grant under clause (1).”  

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9.134.130
     : I cannot understand the point. What we have done is that the people living in this part have a double right. They have a right to elect their representatives under the Shillong Municipality and they will have a right to elect their representatives in the District Councils Beyond that, the jurisdiction is quite separate. I do not think th...
9.134.6
  I should like to hear the Premier of Assam, if he has any views on this matter.

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9.143.124
     (2) In Section 209 of the said Act, for sub-sections (1) and (2) the following sub--sections shall be substituted, namely :-"Act V 1908.     "(1)The Federal Court in the exercise of its appellate jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, includi...
9.143.597
     Take article 60 and article 142. Article 60 deals with the extent of the executive authority of the Union and article 142 deals with the extent of the executive authority of the State. We have laid down in our Constitution the fundamental proposition that executive authority shall be co-existensive with legislative authority. Supposing, for...

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11.157.236
 It is in order to avoid this kind of litigation as to delegation of authority for acts that we thought it was necessary to introduce a provision like article 77. This article of course does not take away the power of the Parliament to make a law permitting other persons to have delegated authority as to permit them to act in the name of the Gov...
11.157.237
 With regard to article 100 which relates to the question of quorum I do not know whether it is necessary for me to say anything in reply. All that I would say is that there is a fear having regard to the comparative figures relating to quorum prescribed in other legislative bodies in other countries that the quorum originally fixed was probably...

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11.165.72
     Act No. II of 1949 is called "The Government of India (Second Amendment) Act, 1949."
11.165.68
    If you have not a copy, what can we do?

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7.48.240
In the Draft Constitution the Fundamental Rights are followed by what are called "Directive Principles". It is a novel feature in a Constitution framed for Parliamentary Democracy. The only other constitution framed for Parliamentary Democracy which embodies such principles is that of the Irish Free State. These Directive Principles have also co...
7.48.199
Under the Presidential system of America, the President is the Chief head of the Executive. The administration is vested in him. Under the Draft Constitution the President occupies the same position as the King under the English Constitution. He is the head of the State but not of the Executive. He represents the Nation but does not rule the Nat...

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8.105.53
: The Drafting Committee will look into it.
8.105.211
Sub-clause (2) says that there shall be a Chief Election Commissioner and such other Election Commissioners as the President may, from time to time appoint. There were two alternatives before the Drafting Committee, namely, either to have a permanent body consisting of four or five members of the Election Commission who would continue in office...

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9.136.76
 : Sir, I cannot express any opinion upon individual taxes that are being levied, but the general proposition is quite clear that if any municipality or local board, has been levying a tax that tax will continue to be levied against the property of the Centre and against such other property as will be held liable to taxation. There will be no ch...
9.136.233
The second thing is that so far as any regulation of fundamental rights is concerned, under article 27 of the Constitution which we have already passed we have left all matters of legislation regarding fundamental rights to Parliament and we have not left any power with the States. It therefore appeared to me and also to the Drafting Committee t...

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8.86.60
From the second paragraph of article 67-A it will be noticed that they are only entitled to take part in the debate, whether the debate is taking place in the House as a whole or in a particular committee to which they are nominated by the House as a whole or in a particular committee to which they are nominated by the House as members thereof;...
8.86.58
Sir, the necessity for this article being inserted in the Constitution is this: The House will remember that the composition of the Upper Chamber was originally set out in paragraph 14 of the report of the Union Constitution Committee. In that paragraph it was stated that the Drafting Committee should adopt as its model the Irish system nominat...

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9.130.370
This is merely consequential.
9.130.336
 : I cannot accept this amendment. As our system of revenue assessment is at present regulated, it would upset the whole of the provincial administration. The matter may, at a subsequent state be investigated either by Parliament or by the different provinces, and if they come to some kind of an arrangement as to the levy of land revenue and ad...

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7.62.129
I should like to point out therefore that the word 'shop' used here is not used in the limited sense of permitting entry. It is used in the larger sense of requiring the services if the terms of service are agreed to.
7.62.159
 I request you to hold this article over.

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9.132.302
 : Sir, there are just two points which have been raised in the course of the remarks made on these amendments which call for reply. The first question is the one, which was raised by Mr. Chaliha. I must say I was somewhat surprised at the amendment tabled by Mr. Chaliha, because like the Fifth Schedule the Sixth Schedule also has arisen, so to...
9.132.274
 : May I move that ?

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9.115.184
With regard to the last class, viz., persons who are residing abroad but who or whose parents were born in India, they are covered by my article 5-B which refers to persons who or whose parents or whose grand-parents were born in India as defined in the Government of India Act, 1935, who are ordinarily residing in any territory outside India-th...
9.115.91
 It is just consequential.

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7.73.25
: Mr. Vice-President, Sir, I move:     "That in clause (2) of article 47, and in Explanation to clause 2, for the words 'any office or position of emolument', wherever they occur, the words 'any office of profit' be substituted."
7.73.293
There are people who believe that their conscience is enough of a sanction. They do not need God, an external force, as a sentinel or a watchman to act by their side. They think a solemn affirmation coming out of their conscience is quite enough of a sanction. If honourable Members have read the history of this matter which is embodied in the s...

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9.107.166
       : Sir, there are only two points of comment, which I think call for a reply. The one point of comment, that was made both by Mr. Kamath as well as by my Friend, Mr. Naziruddin Ahmad, was that according to the proposal now placed before the House, there is a certain amount of disproportion between the membership of the Upper House and the ...
9.107.213
       : Mr. President, Sir, I beg to move : that :     "That for the proviso to article 175 the following proviso be substituted :-     'Provided that the Governor may, as soon as possible after the presentation to him of the Bill for assent, return the Bill if it is not a money Bill together with a message requesting that the House or Houses w...

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10.146.170
    Sir, I move:     "That after article 312, the following new articles be inserted :--Provisions as to provisional Governor of Provinces - '312A.  Any person holding office as Governor in any Province immediately before the commencementof this Constitution shall after such commencement be the provisional Governor of the corresponding State for...
10.146.5
    This article was re-drafted in consultation with the Industry and Supply Department. We have put in these matters which they thought were necessary to be controlled by the Centre, for a period of five years. If the House thinks that any particular addition may be made to the items included in sub-clause (a), I certainly have no objection.

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7.74.158
    Yes; I think there is nothing in this amendment except the fact that this was met by other ways.
7.74.256
     Secondly, so far as this particular clause is concerned I find that his amendment is quite unnecessary, because if he will read sub-clause (1) of article 54 he will see that it is stated "to fill such vacancy enters upon his office". Surely the entering upon office will be at sometime in the day-it may be midnight or it may be 12 o'clock in...

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8.101.111
    Then, the other provision which we seek to make is to provide for an Appropriation Act in the place of a certified Schedule by the President. Honorable Members, if they refer to article 94 of the Draft Constitution, will see what the present procedure is. First of all, what happens is this : the President, that is to say, the Government of t...
8.101.177
: I do not think I can add anything usefully to what Mr. T. T. Krishnamachari has said. I should reserve my observations for the various amendments which will come up as I have no doubt the same arguments will be put forth.

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7.83.192
    I have heard the honourable Member and I have heard others also. I have understood all their arguments and I think a repetition of their arguments, so far as I am concerned, is quite unnecessary. I have understood them already.
7.83.244
     With regard to my next amendment to substitute the words "notwithstanding anything in paragraph (3) above" for the words "subject to the law of the appropriate legislature", my submission is that the original words were really unnecessary and inappropriate in a clause of that sort. Sub-clause (4) is really an exception to clause (3).That m...

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8.100.181
     But, Sir, apart from precedent, I think there is every ground for the provision of an article like article 200. As the House will recall we have now eliminated altogether any provision for the appointment of temporary or additional judges, and those clauses which referred to temporary or additional judges have been eliminated from Constitut...
8.100.208
    There is no difference as to the substance of the article.

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10.153.260
 : Sir, I move:      "That after article 280, the following new article be inserted :Provisions as to financial emergency.'280-A.(1) If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof isthreatened, he may by a proclamation make adeclaration to tha...
10.153.319
: If you think it is necessary, I will speak.

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8.104.67
I am afraid 114 does not deal with that matter. I have not got the copy with me; otherwise I would have replied. It is only with regard to the Union List.
8.104.76
It is too late now.

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7.70.27
:Sir, I do not think that because this article is subject to the provisions of the other articles to which my honourable Friend, Mr. Karimuddin has referred, it is not possible for us to consider this article now, because, as will be seen, supposing we do make certain changes in article 285 or others relating to that matter, we could easily mak...
7.70.160
:All that it does is to suspend the remedies. I thought I would deal with that when I was dealing with the general question as to the nature of these remedies, and therefore I did not touch upon it here. 

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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."
8.90.220
     With regard to the second case, viz., the assignment of duties to a Supreme Court Judge who has retired, we have just now disposed of it. There ought to be no limitation at all.

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7.58.166
My second observation is to give them an assurance. I quite realise their feelings in the matter, but I think they have read rather too much into article 35, which merely proposes that the State shall endeavour to secure a civil code for the citizens of the country. It does not say that after the Code is framed the State shall enforce it upon a...
7.58.162
Coming to the amendments, there are only two observations which I would like to make. My first observation would be to state that members who put forth these amendments say that the Muslim personal law, so far as this country was concerned, was immutable and uniform through the whole of India. Now I wish to challenge that statement. I think mos...

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9.120.214
    : That is what I say. 279 will also be governed by 8. Therefore any law which is inconsistent with the fundamental rights granted will cease to operate.
9.120.200
    I propose to deal in the course of my reply with some general questions. It is of course not possible for me to go into all the detailed points that have been urged by the various speakers. The first question is whether in an emergency there should be suspension of the fundamental rights or there should be no suspension at all; in other word...

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10.149.151
: I do not think there is any substance in this particular point made by Mr. Kamath.
10.149.10
The other reason why we fixed the salary at Rs. 10,000 is to be found in the salary of the existing Chief Justice of the Supreme Court, which is Rs. 7,000. It was the feeling of the Drafting Committee that since the President was the highest functionary in the State there ought to be no individual who would be drawing a higher salary than the Pr...

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7.72.28
: Mr. Vice-President, I move:     "That to article 43, the following explanation be added:--     `Explanation.--In this and the next succeeding article, the expression "the Legislature of a State" means, where the legislature is bi-cameral, the lower House of the legislature.' "
7.72.56
It is quite clear to anyone who has listened to the debate that has taken place last time that there are two sharp points of view. One point of view says that "due process of law" must be there in this article; otherwise the article is a nugatory one. The other point of view is that the existing phraseology is quite sufficient for the purpose. ...

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9.126.43
 This is merely a paraphrase of Entry 1. You have ruled that we should not spend more than five minutes on an Entry and it is already more than five minutes.
9.126.134
  And then Mr. Brajeshwar Prasad wants public safety to be introduced.

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8.97.284
: I have nothing to say.
8.97.236
: Sir, I do not accept the amendment.

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7.76.182
 : Mr. Vice-President, Sir, I am sorry I cannot accept any of the amendments which have been tabled, either by Mr. Baig or Mr. Tahir or Prof. K. T. Shah. In reply to the points that they have made in support of the amendments they have moved, I would like to state my position as briefly as I can.
7.76.55
There is one other point which I would like to mention and it is this. Really speaking, the Provincial Governments ought to welcome this proviso because, there is a certain sort of financial anomaly in the existing position. For the Centre to make laws and leave to provinces the administrations means imposing certain financial burdens on the pr...

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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...
8.87.77
I would like this to stand over.

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8.89.42
     With regard to the amendment moved by my Friend Mr. Naziruddin Ahmad, he has not understood that the important words in sub-clause (2) are 'in whom powers are vested'.
8.89.145
     : Now I come to the other question raised by my Friend, Mr. Kunzru, in his amendment No. 1802. His suggestion is that such legislation enacted by the President under article 102 should automatically come to an end at the end of thirty days from the promulgation of the ordinance. The provision contained in the draft article is that it shal...

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10.154.567
The point under debate is this: Does this Constitution or does it not acknowledge, recognise and proclaim that it emanates from the people? I say it does.
10.154.562
: I propose to show now, by a detailed examination, that my contention is true.

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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...
8.99.118
I do not think there is anything for me to say.

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9.108.40
 : It is a matter of expediency and practicality.
9.108.91
 :I suggest that it would be better if we take up 83-A and dispose it off.

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8.106.59
: These amendments have been brought after consultation with the Drafting Committee.
8.106.52
My first amendment is:     "That the words 'to be appointed by the President' at the end of clause (1) be deleted."     "In clause (2) in line 4, for the word 'appoint' substitute the word 'fix' after which insert the following:--"The appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the Provision...

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9.111.36
Now I come to the remarks made by my Friend Pandit Kunzru. The first point, if I remember correctly, which was raised by him was that the power to take over the administration when the constitutional machinery fails is a new thing, which is not to be found in any constitution. I beg to differ from him and I would like to draw his attention to t...
9.111.86
: Suspension comes in another article. This article merely says that power may be exercised by the State-meaning both Parliament as well as the provinces-notwithstanding whatever is said in article 13.

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7.79.49
    I am not moving it.
7.79.186
     The second thing to which I like to draw the attention of the House is that at any rate, in my judgment, proportional representation is not suited to the form of government which this Constitution lays down. The form of government which this Constitution lays down is what is known as the Parliamentary system of government, by which we unde...

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7.59.180
Sir, I move:      "That in article 39, after the words `from spoliation' the word 'disfigurement' be inserted.
7.59.38
Yes.

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8.98.44
    That is only a drafting suggestion. For instance, it can be said that most of the articles we are adopting for the State Legislatures are more or less the same article which we have adopted for the Parliament at the Centre. We might as well say that in most of the other cases the same provisions will apply to the State Legislature but as we ...
8.98.38
     It seems to me, if the proposition was accepted that the Act itself should enumerate the privileges of Parliament, we would have to follow three courses. One is to adopt them in the Constitution, namely to set out in detail the privileges and immunities of Parliament and its members. I have very carefully gone over May's Parliamentary Prac...

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9.121.91
      : This is not the first time when my Friend has raised a point of Order. You have been good enough to allow the Drafting Committee to depart from the technicalities of the Rules of Procedure and I therefore submit that in this case also you will be pleased to allow us to proceed.
9.121.205
     Now I come to the amendment of my Friend Mr. Kunzru. I quite agree with him that there is obviously a distinction made between the services to be employed under the Public Service Commission and the services to be employed under the High Court, the Supreme Court and the Auditor-General. I would like to explain why we have made this distinc...

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9.135.45
 There is an amendment by Mr. Jaspat Roy Kapoor to delete clause (3) of 282 B.
9.135.113
    Now, another misapprehension which I should like to clear is this. Some people think that under the provisions regarding civil service which I have introduced the Government has an absolute unfettered right to dismiss any civil servant and that this power is aggravated by the introduction of sub-clauses (a), (b) and (c) of clause (2). I subm...

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7.60.156
If that proposition is accepted - and I do not see anyone who cares for Fundamental Rights can object to such a universal obligation being imposed upon every authority created by law - then, what are we to do to make our intention clear? There are two ways of doing it. One way is to use a composite phrase such as "the State", as we have done in ...
7.60.118
Sir, I accept Mr.Kamath’s three amendments. I accept Dr.Subbarayan’samendment and I accept the amendment moved by my honourable friend, Mr.Ananthasayanam Ayyangar. I do not accept any other amendment.

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8.96.257
: I do not think I need add anything to the debate that has taken place. All that I want to say is this: I am prepared to accept the Amendment of Mr. Naziruddin Ahmad No. 2210.
8.96.80
: Of course there is because we do not want to vest the President with any discretionary power. Because the provincial Governments are required to work in subordination to the Central Government, and therefore, in order to see that they do act in subordination to the Central Government the Governor will reserve certain things in order to give ...

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9.141.1
:Mr. President, Sir, I move :
9.141.127
: The interpretation of the meaning of the words "as soon as may be" must differ with the context.

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7.68.178
: I think the courts will decide when the matter comes up before them.
7.68.2
  : Sir, May I request you to allow this matter to stand over for a little while?

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8.103.130
   Sir, I move:     "That the following new clause be added to article 234:-'(3)   Where by virtue of any direction given to a State as to the construction or maintenance of any means of communication under the last preceding clause of this article costs have been incurred in excess of those which would have been incurred in the discharge of the...
8.103.136
     I move further:     "(1) That with reference to amendment No. 2807 of the List of Amendments, in clause (2) of article 238, after the word `by law' the words 'made by Parliament' be added.     (2) That with reference to amendment No. 2807 of the List of Amendments, the proviso to article 238 be deleted."

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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...
7.81.56
     Sir, I should like to state to the House that the question of whether to have a second Chamber in the provinces or not was discussed by the Provincial Constitution Committee, which was appointed by this House. The decision of that Committee was that this was a matter which should be left to the decision of each province concerned. If any p...

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11.155.37
: Mr. President, Sir, I have to present the report of the Drafting Committee together with the Draft Constitution of India as revised by the Committee under rule 38-R or the Constituent Assembly rules. Sir, I move--     "That the amendments recommended by the Drafting Committee in the Draft Constitution of India be taken into consideration."
11.155.40
     Sir, it is unnecessary for me to discuss at this stage the nature of the amendments and changes proposed by the Drafting Committee in the Draft Constitution. The nature of the changes have been indicated in paragraph 2 of the Report. It will be seen that there are really three classes of changes which the Drafting Committee has made. The fi...

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9.110.35
  Another very important change that is made is that the Proclamation will cease to be in operation at the expiration of two months, unless before the expiration of that period Parliament by resolution approves its further continuance. Originally, the provision was that it will continue in operation for six months, unless extended by Parliament....
9.110.29
  I think I can well begin by reminding the House that it has been agreed by the House, when we were considering the general principles of the Constitution, that the Constitution should provide some machinery for the breakdown of the Constitution. In other words, some provision should be introduced in the Constitution which would be somewhat ana...

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10.151.311
No constitutional Government can function in any country unless any particular constitutional authority remembers the fact that its authority is limited by the Constitution and that if there is any authority created by the Constitution which has to decide between that particular authority and any other authority, then the decision of that autho...
10.151.313
: There is not the slightest doubt about it.

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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.
8.93.173
    : Mr. President, Sir, I move:"That for amendment No. 1891 of the List of Amendments, the following be substituted:-"That for article 108, the following article be substituted:          '108. The Supreme Court shall be a court of record and shall have all the powers               of such a court including the power to punish for contempt of ...

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9.119.167
     Sir, I move my next amendment also.     "That in clause (2) of article 250, for the words 'revenues of India' the words 'Consolidated Fund of India' be substituted.' "
9.119.109
Mr. Vice-President, Sir, out of the amendments that have been moved, I am prepared to accept the amendments moved by Mr. Sarwate. I think he has spotted a real difficulty in the draft as it stands. The draft says- 'University in the State'. It is quite obvious that there are many States with at present no university. All the same there are gradu...

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8.95.112
Other arguments is, if we are going to have a Governor, who is purely ornamental, is it necessary to have such a functionary elected at so much cost and so much trouble? It was because of this feeling that the Drafting Committee felt that they should suggest a second alternative. Now so far as the course of debate has gone on in this House, the ...
8.95.111
It has been said in the course of the debate that the argument against election is that there would be a rivalry between the Prime Minister and the Governor, both deriving their mandate from the people at large. Speaking for myself, that was not the argument which influenced we because I do not accept that even under election there would be any ...

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7.55.34
With regard to Article 226 which gives power to the Central Legislature to pass legislation on matters included in Provincial list, my submission is this that that authority will be exercised by Parliament by virtue of a Resolution passed by two-third majority of the Upper legislature. He will realize that the Upper House or Council of States w...
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...

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7.77.138
: That is what I was saying. What I said was that such a provision might be necessary in the case of Ministers, and my friend Mr. Kamath also read some section from the Factory Act requiring similar qualifications for a factory inspector. Now, Sir, the position that we have to consider is this: no doubt, this is a very laudable object, namely, ...
7.77.145
Now, Sir, I was saying that nobody has any objection; nobody quarrels with the aim and object which is behind this amendment. The question is, what sort of sanction we should forget. As I said, the legal sanction is inadequate. Have we no other sanction at all? In my judgment, we have a better sanction for the enforcement of the purity of admin...

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9.114.114
  Sir, I do not wish to move it.
9.114.150
     Sir, the point of this amendment is this. Originally, as the article stood, it stated that the Commission shall be appointed at the end of five years. It is felt that it is necessary to permit the President to appoint the Commission much earlier and consequently we are now providing that it should be appointed within two years from the comm...

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7.78.100
    Mr. Vice-president, Sir, I beg to move:     "That the proviso to clause (1) of article 67 be deleted."
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 ...

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9.113.115
    I move it with the permission of the Chair.
9.113.86
     Now, my Friend, Pandit Hirday Nath Kunzru, pointed out that the Drafting Committee was wrong in inserting a definition of the word "prescribe" in the article now before the House. He went further to say that even in the last article which we passed, which is 260, the word "prescribed" ought not to be there. Now, it seems to me somewhat dif...

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5.45.75
Sir, I do not think it is necessary for me to take the time of the House any more than I have done. I think what I have said will sufficiently remind Members of what the Committee has done and will enable them to proceed to deal with the report in the best way they like.
5.45.67
Sir, the Report of the Committee has already been circulated to the Members of the House and, I do not think that at this stage, when the Report has been in the, hands of the Members at least for the last two days, I need expatiate at great length upon the work of this Committee. I think it would be enough if I, in the first instance, draw atte...

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9.112.96
: Yes. Otherwise we would have merely said that the existing allocation will continue until the President issued the new order.
9.112.85
With regard to the other question raised by Prof. Saksena, that instead of the word "prescribed", the wording should be "prescribed by Parliament", again I am sorry to say that I cannot accept the amendment. Our scheme is to allow the President to prescribe the proportion in the first instance by himself and in the second instance after a consi...

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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...
7.66.91
     Sir, I therefore submit that the article as it stands is perfectly in order and I commend it to the House.

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7.63.110
 : He is satisfied with the explanation given by Mr.Munshi.
7.63.10
: I do not accept the amendment.

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10.148.199
Secondly, the discretion which we are going to leave with the Governor under this Constitution is very very meagre. He has hardly any discretion at all. He has to act on the advice of the Prime Minister are the matter of the, selection of Members of the Cabinet. He has also to act on the advice of the Prime Minister and his Ministers of State w...
10.148.79
 : Sir, before I begin, I would like your permission to omit the word "becomes" in clause (3) of amendment No. 195, occurring between "thereafter" and "at any time before..." The word is unnecessary.

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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 ...
10.147.248
    May I draw attention to the fact that this Amendment anticipates Schedule II ? This matter is to be dealt with under Schedule II and the proper time would be when Schedule II is before the House.

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7.64.241
Now, my friend, Pandit Thakur DassBhargava entered into a great tirade against the Drafting Committee, accusing them of having gone out of their way to preserve existing laws. I do not know what he wants the Drafting Committee to do. Does he want us to say straightaway that all existing laws shall stand abrogated on the day on which the Constitu...
7.64.286
Mr. Vice-President, Sir, I move:     "That in clause (5) of article 13, for the word 'aboriginal', the word 'scheduled' be substituted."

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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, ...
7.65.175
I cannot yield now. I have not got much time left. I am explaining the position that has been taken by the Drafting Committee. The point is that it is not possible to allow this indiscriminate right. On the other hand my submission is that so far as bearing of arms is concerned, what we ought to insist upon is not the right of an individual to b...

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9.109.105
This article is virtually the old article 275 as it stands in the Draft Constitution. The changes which are made by this amendment are very few. The first change that is made is in clause (1). The original words were "war or domestic violence". The present clause as amended would read as "war or external aggression, or internal disturbance." It...
9.109.286
: I do not know; so much time has been taken up in the debate. If the Members who have taken part in the debate desire that I should say something, I should be glad to do so and even then it can only be done tomorrow.

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9.118.228
     I have been telling my honourable Friends that the Statement of Objects and Reasons is not a part of the Act and therefore, there can be no amendment moved to the deletion of any word or clause or sentence in the Statement of Objects and Reasons. As soon as this Bill becomes an Act, that Statement of Objects and Reasons will be thrown into ...
9.118.226
     I have said that the other provisions are merely reproductions of what is contained in the original Section 291. This power is not being taken for a wanton or an unnecessary purpose nor is it intended to be used for anything other than a bona fide purpose. Therefore having regard to these circumstances my submission is that clause 4 is a pe...

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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.
9.125.86
These are unnecessary because we do not propose to leave any discretion in the Governor at all.

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7.54.39
Sir, I oppose the amendment.
7.54.113
With regard to (b), the provision is that there shall be consent. The distinction, as I said, is based upon the fact that, so far as we are at present concerned, the position of the provinces is different from the position of the States. The States are sovereign States and the provinces are not sovereign States. Consequently, the Government nee...

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8.94.74
The House probably will remember that the functions of the Auditor-General are regulated not by law made by Parliament, but by Ordinance, order, bye-law, rule or regulation, etc., made by the Governor-General, under the powers conferred upon him by the Government of India Act, 1935. Consequently, in order to keep alive the ordinances, orders, by...
8.94.53
Coming to the amendments, I accept the amendments moved by Mr. T.T. Krishnamachari and one amendment moved by Mr. B. Das, No. 1975. These amendments certainly to a large extent improve the position of the Auditor-General which has been assigned to him in the Draft Constitution or in the various amendments. But, I find that even with the article...

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8.88.179
: Sir, while going over this article, I find that it requires further to be considered. I would therefore request you not to put this article to vote today.
8.88.187
: Sir, I move:That in the proviso to article 91, for the words 'not later than six weeks' the words 'a soon as possible' be substituted.

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7.53.56
I do not accept the amendment.
7.53.139
Beyond doubt it vests with the people. I might also tell my friend that I shall not have the least objection if this matter was raised again when we are discussing the Preamble.

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9.123.153
: I do not think it is necessary to say anything.
9.123.35
: I was going to suggest, with regard to the amendment which stands in the name of Rev. Nichols-Roy, that this is more relevant to the interpretation clause where the Scheduled Castes and the Tribal people will be defined. If my friend is keen on moving this amendment, I think it should properly stand over until we come to that part of the Cons...

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3.20.260
Mr. President, Sir, I confess that I am considerably surprised at these amendments-both by Mr.Munshi as well as Mr.Tyagi, They have, I submit, given no reason why this clause 18 should be referred back to the Committee. The only reason in support of this proposal--one can sense--is that the rights of minorities should be relative, that is to say...
3.20.211
But when we come to the other case, viz., where parents are converted and we have to consider the case of their children, then I think we come across what I might say a very hard rock. If you are going to say that, although parents may be converted because they are majors and above the age of 18, minors below the age of 18, although they are the...

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7.56.26
With regard to the word "directive" I think it is necessary and important that the word should be retained because it is to be understood that in enacting this part of the constitution the Constituent Assembly, as I said, is giving certain directions to the future legislature and the future executive to show in what manner they are to exercise t...
7.56.181
If he wants to withdraw, I have no objection; let him withdraw.

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9.122.2
    Sir, I move:with your permission, move amendments Nos. 12, 16, 17 and 19 together? They all relate to the same subject. There may be a common debate and then you might put each amendment separately.
9.122.164
   The only point that remains for me to say anything about is the question that is raised about the Scheduled Castes and the Backward Classes. I think I might say that enough provision has been made, both in article 296 which we have to consider at a later stage and in article 10, for safeguarding the interests of what are called the Scheduled ...

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7.57.5
Sir, I have not followed exactly what it is, but if it is a matter which relates to prohibition............
7.57.126
Mr. Vice-President, Sir, of the many amendments that have been moved to this particular article, there are only four that remain for consideration. I will first take up the amendment of Mr. KrishnamoorthyRao. It is a mere verbal amendment and I say straightaway that I am quite prepared to accept that amendment.

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9.117.191
 We shall consider it when we go over the whole thing is the language is appropriate.
9.117.150
: Let all of them be withdrawn.

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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...
11.156.37
    :  If my honourable Friend would allow me to complete, I would like to read article 280-A, not of the present draft, but of the old, as was passed at the second reading. These are financial provisions. Clause (5) of article 280-A says: "Any failure to comply with any directions given under clause (3) of this article shall be deemed to be a ...

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7.71.95
Then, taking the draft prepared by the Hindi Committee, in article 41 there, the word used is (PRADHAN). There is no "Rashtrapati" there either.
7.71.164
I am sorry I cannot accept any of the amendments that have been moved. So far as the general discussion of the clause is concerned, I do not think I can usefully add anything to what my friends Mr. Munshi and Shri Alladi Krishnaswamy Ayyar have said.

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9.144.157
There is a lot of work to be done.
9.144.19
Is it necessary to trace all this? I do not understand the purpose of it. It may be well Interesting in some other place. My Friend accepts the word "Bharat". The only thing is that he has got an alternative. I am very sorry but there ought to be some sense of proportion, in view of the limited time before the House.

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6.47.183
Sir, if I may make a suggestion with a view to economise time. These are all drafting amendments. If this House were to pass a resolution that all these amendments should be taken into consideration by the official draftsmen and incorporated wherever he thinks necessary, that will be better. If we were to take up the amendments one by one, it wi...
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...

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7.79.193
    I have accepted the amendment of Mr. Naziruddin Ahmad as amended by him and as amended by ShriBhargava.
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 so...

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7.67.66
I was discussing another amendment with Mr. Ranga here and so.......
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."

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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...
1.7.28
So far as the ultimate goal is concerned, I think none of us need have any apprehensions. None of us need have any doubt. Our difficulty is not about the ultimate future. Our difficulty is how to make the heterogeneous mass that we have to-day take a decision in common and march on the way which leads us to unity. Our difficulty is not with reg...

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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).
7.61.161
Sir, I move:     "That for clause (3) of Article 8, the following be substituted:--     (3) In this article--(a) the expression `law' includes any Ordinance, order, bye-law, rule, regulation, notification, custom, or usage having the force of law in the territory of India, or any part thereof;(b) the expression `laws in force' includes laws pas...

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9.124.94
   For the Scheduled tribes I am prepared to give far longer time. But all those who have spoken about the reservations to the Scheduled Castes or to the Scheduled tribes have been so metriculous that the thing should end by ten years. All I want to say to them in the words of Edmund Burke, is "Large Empires and small minds go ill together".
9.124.89
      Mr. President, Sir, there are just four amendments about which I would like to say a few words. I will first take the amendment of my Friend Mr. Bhargava, and say that I am prepared to accept his amendment, because I find that although in the general body of the report that was made to this House, no mention as to time-limit was made to th...

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9.140.412
  : Those Members who have moved amendments and do not want them to be put to vote may be taken to have given you the authority that they do not want to press them.
9.140.497
 No; no. It is not in today's Order Paper.

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10.150.200
I would ask Mr. T. T. Krishnamachari to move the amendments on my behalf.
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...

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7.82.57
     : Sir, I do not know whether any reply is necessary.
7.82.97
     : No, Sir. I do not accept Mr. Kamath's amendment.

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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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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".
4.27.171
It should not be concluded today.

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

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9.138.336
      : I am not moving amendment No. 73.

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10.152.314
     I have nothing to say.

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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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