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

Sort by

Showing

2

of

93

relevant paragraphs

9.143.380
     : Sir, I move:     "That after article 300, the following articles be inserted :--Scheduled Castes300A. (1) The President may, after consultation with the Governor or Ruler of a State, by public notification specify the castes, races or tribes or parts of or groups within castes, races or tribes, which shall for purposes of this Constitut...
9.143.68
    There is no pending appeal.

Showing

2

of

83

relevant paragraphs

9.142.133
: Nothing will go.
9.142.158
Another question raised is as regards the maintenance of the detenus and their families.

Showing

2

of

82

relevant paragraphs

9.133.112
     : I am, not making any insinuations; I was only saying, Sir, that it was a domestic quarrel into which I would not enter. My own view is that we have made the best provision...
9.133.316
      : No provision is necessary. Parliament may act upon the advice of the Assam Ministry. If Parliament thinks that that advice is not independent and that there should be independent evidence, Parliament is free to appoint a Commission and make an enquiry of its own.

Showing

2

of

79

relevant paragraphs

9.129.70
       Sir, I move:     "That in entry 83 of List I, after the word 'railway' a comman and the word 'sea' be inserted."
9.129.57
    I may mention, Sir, that this matter was considered at the conference with the Provincial Premiers. They were of opinion that, although the principle might be sound, they were at the present moment not prepared to make this radical change.

Showing

2

of

74

relevant paragraphs

9.128.256
     : What my friend has in mind is diving operations.
9.128.1
       : Sir I move:     "That in Entry 53 of List I, the words and the figure 'except the States for the being specified in Part III of the First Schedule' be omitted.

Showing

2

of

68

relevant paragraphs

9.127.312
      The question is:     "That for entry 50 of List I, the following entries be substituted :-'50. The incorporation regulation and winding up of trading corporations, including banking, insurance and financial corporations but not including co-operative societies.50A. The incorporation, regulation and winding up of corporations, whether tradi...
9.127.290
      I submit that is unnecessary because the power to lay down principles in any case will have to be given to the legislature. The question is whether the Centre should have a separate entry and the Province should have a separate entry for laying down principles of acquisition. What is proposed is this, that for both Centre as well as the pr...

Showing

2

of

65

relevant paragraphs

11.165.43
    If you look at Clause 1, there you will see, "This Act may be called the Government of India (Second Amendment) Act, 1949." The next one is called the Third Amendment Act, 1949, which deals with the custody management and disposal of evacuee property and the election in West Bengal.
11.165.323
     If we wish to maintain democracy not merely in form, but also in fact, what must we do? The first thing in my judgment we must do is to hold fast to constitutional methods of achieving our social and economic objectives. It means we must abandon the bloody methods of revolution. It means that we must abandon the method of civil disobedienc...

Showing

2

of

63

relevant paragraphs

7.48.215
In assuaging the rigour of rigidity and legalism the Draft Constitution follows the Australian plan on a far more extensive scale than has been done in Australia. Like the Australian Constitution, it has a long list of subjects for concurrent powers of legislation. Under the Australian Constitution, concurrent subjects are 39. Under the Draft Co...
7.48.221
A dual judiciary, a duality of legal codes and a duality of civil services, as I said, are the logical consequences of a dual polity which is inherent in a federation. In the U. S. A. the Federal Judiciary and the State Judiciary are separate and independent of each other. The Indian Federation though a Dual Polity has no Dual Judiciary at all. ...

Showing

2

of

55

relevant paragraphs

8.105.183
 Sir, perhaps it might be desirable be desirable if I read to the House how the article would stand if the various amendments which I have moved were incorporated in the article. The article would read thus:     "The Government of India may sue or be sued in the name of the Union of India, and the Government of a State for the time being specif...
8.105.65
 Sir, I beg to move:      "That the following new article be added after article 271-271-A. All lands, minerals and other things of value lying within territorial waters vest in the Union. All lands, minerals and other things of value underlying the ocean within the territorial waters of India shall vest in the Union and be held for the purpo...

Showing

2

of

55

relevant paragraphs

9.136.6
                : Sir, I move: "That for article 264, the following article be substituted :--Exemption of property of the Union from State Taxation."264. (1) The property of the Union shall be exempt from all taxes imposed by a State or by any authority within a State.(2) Nothing in clause (1) of this article shall, until parliament by law oth...
9.136.305
: I move amendment No.380 and amendment No.381. I move:"That for article 248A, the following article be substituted :-Consolidated Funds and  Public Accounts of India  and of the States.'248A. (1) Subject to the provisions of article 248B of this Constitution and to the provisions of this Chapter with respect to the assignment of the who...

Showing

2

of

54

relevant paragraphs

8.102.75
   Sir, I move:     "That in clause (1) of article 93, for the words 'revenues of India' the words 'Consolidated Fund of India' be substituted."
8.102.243
   Sir, I moved:"That in clause (4) of article 173, after the words 'deemed to have been passed' the words 'by both Houses in the form in which it was passed' be inserted."

Showing

2

of

47

relevant paragraphs

9.134.247
     : I think my friend has said enough on the point and he need not continue. We have understood his point. We must get through today at least one article.
9.134.67
     : I have not altered my view.

Showing

2

of

41

relevant paragraphs

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...

Showing

2

of

41

relevant paragraphs

9.115.177
 : Now, Sir, this article refers to, citizenship not in any general sense but to citizenship on the date of the commencement of this Constitution. It is not the object of this particular article to lay down a permanent law of citizenship for this country. The business of laying down a permanent law of citizenship has been left to Parliament, and...
9.115.80
I do not think any explanation is necessary.

Showing

2

of

40

relevant paragraphs

9.107.120
      : What about the first point. Do you favour it?
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...

Showing

2

of

39

relevant paragraphs

10.146.173
     There are two amendments Nos. 18 and 19 on the Notice Paper proposing to omit the word 'provisional' in articles 312A and 312B. I propose to accept these amendments in consonance with what we have already done.
10.146.172
I do not think there is anything necessary to say by way of explanation of these articles.

Showing

2

of

38

relevant paragraphs

7.74.60
   Sir, I beg to move:     "That in clause (4) of article 50, for the words 'passed, supported by' the words 'passed by a majority of' be substituted."
7.74.223
     The provision is intended to prevent making a double profit.

Showing

2

of

38

relevant paragraphs

8.101.63
    Now, if I may say so, a similar question was raised by my Friend Shri Alladi Krishnaswami Ayyar when we were dealing with article 121, which also dealt with appeals to the Supreme Court in cases which were of a mixed type, namely, cases where there was a question of constitutional law along with questions of the interpretation of ordinary la...
8.101.13
   : Sir, I would like to move an amendment to article 204. I mentioned that I would have to consider the position; I have since considered it and I would like to move the amendment. Sir, with your permission I move :     "That with reference to amendment No. 2674 of the List of Amendments, for article 204 the following article be substituted :...

Showing

2

of

37

relevant paragraphs

11.157.241
  With regard to article 148 I need say nothing at this stage for the simple reason that the amendment moved by my friend Mr. T. T. Krishnamachari (No. 618) is one which has found itself agreeable to all those who had taken interest in this particular article.
11.157.248
  With regard to the creation of new Provinces between now and the 26th of January, the article that would be operative would be section 290 of the Government of India Act of 1935 and article 391 of the present Constitution. Sir, article 391 says that if between now and the 26th of January the authority empowered to take action tinder the Govern...

Showing

2

of

37

relevant paragraphs

7.83.257
   No, I do not think so.
7.83.261
    I do not know the case of other provinces, but so far as Bombay is concerned, unless the Chief Presidency Magistrate declares a person to be of unsound mind no lunatic asylum would admit him.

Showing

2

of

36

relevant paragraphs

10.153.385
: Oh, yes.
10.153.36
: I have followed the point.

Showing

2

of

36

relevant paragraphs

8.100.28
The object of all these amendments 196 to 200 is to remove all distinctions between British India and the Indian States. Some of the amendments particularly amendments 199 and 200 are merely consequential upon the main amendment. (Amendments Nos. 2611, 2612, 2613, 2615 and 2616 were not moved.)
8.100.214
 Sir, I wish that article 203 be held over.

Showing

2

of

35

relevant paragraphs

8.104.78
The case of an appeal against enhancement of sentence differs from a case of an appeal against acquittal in two respects. When the High Court enhances the sentence against an accused person it is not convicting him for the first time. The accused already stands convicted. In the case of an appeal against acquittal the High Court is reversing the...
8.104.152
Now I come to clause (2). This is rather widely worded. It says that any question regarding disqualification shall be decided by the Governor provided he obtains the opinion of the Election Commission and that he is bound to act in accordance with such opinion. If Members will turn to article 167, they will find that, so far as the disqualifica...

Showing

2

of

35

relevant paragraphs

7.70.169
:Yes.
7.70.161
Taking up the point of Mr. Karimuddin, what he tries to do is to limit clause (4) to cases of rebellion or invasion. I thought that if he had carefully read article 275, there was really no practical difference between the provisions contained in article 275 and the amendment which he has proposed. The power to issue a proclamation of emergency ...

Showing

2

of

34

relevant paragraphs

10.149.7
     I come to the question of the President. The President of the Union is obviously a functionary who would replace the present Governor-General and in fixing the salary which we have fixed, namely Rs. 10,000, we have to consider, in coming to a conclusion, as to whether it is less or more than the salary that the Governor-General has been dra...
10.149.5
    I would like to say a word or two with regard to the scale of salary fixed in Schedule 11 and the scale of salary obtaining in other countries. For instance, in the United States the Chief Justice gets Rs. 7,084 per month while the puisne judges get Rs. 6,958. In Canada the Chief Justice gets Rs. 4,584 and the puisne judges get Rs. 3,662. In...

Showing

2

of

34

relevant paragraphs

9.120.63
 Sir, the House will realise that clauses (2) and (3) are additions to the old article. In the old article there was a provision that while a Proclamation of Emergency was in force the President may suspend the provisions for the rights contained in Part III throughout India. Now, it is held that, notwithstanding the fact that there may be emerg...
9.120.48
     : The honourable Member is misrepresenting his own thoughts. Therefore, as I understand it, there is no question of my honourable Friend suggesting any alteration in the system of modifying the proceeds of the excise duty and the grant. The only question that he raised is the question of the modification of the allocation of income-tax duri...

Showing

2

of

33

relevant paragraphs

9.126.179
There is an amendment to this standing in the name of my honourable Friend Mr. T. T. Krishnamachari the effect of which is merely to omit the word "self" in the expression "local self-Government" so that it will read "local government".
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.'"

Showing

2

of

33

relevant paragraphs

8.97.336
: I do not consider it necessary.
8.97.106
: Mr. President, Sir, I must say that I am considerably surprised at the very excited debate which has taken place on this article 147. I should like, at the very outset, to remind the House that this article 147 is an exact reproduction of article 65 which this House has already passed. Article 65 gives the President the same power as article ...

Showing

2

of

33

relevant paragraphs

7.72.225
 : Mr. Vice-President, Sir, I am prepared to accept the amendment of Mr. Sharma, i.e., No. 1098, for the deletion of the words "once, but only once".
7.72.174
 : Sir, I move:          That in clause (a) of the proviso to article 45, for the word "resignation" the word "writing" be substituted.

Showing

2

of

32

relevant paragraphs

7.76.196
I want to tell my friend Prof. K. T. Shah that his amendment would be absolutely fatal to the other principle which we want to enact, namely collective responsibility. All Members of the House are very keen that the Cabinet should work on the basis of collective responsibility and all agree that is a very sound principle. But I do not know how ...
7.76.184
Now, Sir, the first part of his amendment is obviously impracticable. It is not possible at the very outset to set out a fixed number for the Cabinet. It may be that the Prime Minister may find it possible to carry on the administration of the country with a much less number than fifteen. There is no reason why the Constitution should burden hi...

Showing

2

of

31

relevant paragraphs

8.87.160
The authority given to the Speaker becomes vested not only in the Speaker but also in the Deputy Speaker, in the Panel of Chairmen or any other person occupying the Chair for the time being.
8.87.158
I think there is nothing wrong or derogatory, for the simple reason that the constitution of the House, its making up, the legal form of the House is a matter which is outside the purview of the Speaker. The Speaker is in charge of the affairs of the Parliament when the Parliament is constituted and the Parliament is not constituted unless the ...

Showing

2

of

31

relevant paragraphs

8.89.230
     : Sir, I do not think any reply is necessary. If I may say so, it was rather unfortunate that Professor Shah should have moved this amendment. This matter was discussed in great detail when we were discussing the Directive principle of State Policy. I do not therefore see why this matter was raised again and why there was a debate. The ma...
8.89.44
     : 'No officer of other Member of Parliament in whom powers are vested' are the persons who are protected by sub-clause (2). The Speaker is already an officer and also a Member. No power has to be conferred upon him. The Constitution confers the power on him. Therefore, having regard to the fact that it is only 'other member' that is to sa...

Showing

2

of

30

relevant paragraphs

10.154.81
Secondly, in enacting any measure under any of the Entries contained in List II, for instance, debt cancellation or any such matter it would be open for the Provinces to say that the decree made by any such Court or Board shall be final and conclusive, and that the High Court should have no jurisdiction in that matter at all.
10.154.85
 : I cannot at this stage consider any drafting amendments.

Showing

2

of

29

relevant paragraphs

8.99.189
The reason why it is necessary to make the rule-making power of the Supreme Court subject to the approval of the President is because the rules may, if they were left entirely to the Supreme Court, impose a considerable burden upon the revenues of the country. For instance, supposing a rule was made that a certain matter should be heard by two ...
8.99.123
Sir, the Draft Constitution, as it stands now,............

Showing

2

of

29

relevant paragraphs

8.106.65
: My next amendment is:      "That in the beginning of clause (4) the following words should be inserted:-     'subject to the provisions of any law made in this behalf by Parliament'."
8.106.54
: I hope the Chair will allow other Members to offer their views.

Showing

2

of

29

relevant paragraphs

9.108.72
Now, I come to the general points that have been raised. It seems to me in thediscussionon this matter, there are three different questions that arise for consideration. The first question is how many journeys the Bill should undertake before the will of the Lower House becomes paramount. Should it be one journey, two journeys or more than two j...
9.108.73
Now, with regard to the time to be permitted, to the Upper House during these journeys to consider the Bill, the proposal of the Drafting Committee is two months. Now, it may be three months, in the first case, as I am accepting the Amendment moved by my Friend, Mr. T. T. Krishnamachari, and in the second case, it would be one month.

Showing

2

of

28

relevant paragraphs

9.111.37
The other point of criticism was that articles 278 and 278-A were unnecessary in view of the fact that there are already in the Constitution articles 275 and 276. With all respect I must submit that he (Pandit Kunzru) has altogether misunderstood the purposes and intentions which underlie article 275 and the present article 278. His argument wa...
9.111.209
Sir, I also move :     "That in clause (2) of article 249, for the words 'Revenues of India' the words 'Consolidated Fund of India' be substituted." (Amendment No. 68 was not moved.)

Showing

2

of

28

relevant paragraphs

8.98.199
    I think we ought to confine ourselves to the amendment moved to article 110 and the amendments moved by my Friend, Mr. NaziruddinAhmad.
8.98.37
     I have referred to one difficulty why it has not been possible to categorise. Now I should mention some other difficulties which we have felt.

Showing

2

of

27

relevant paragraphs

8.86.59
The first part of the recommendation of the second session, if I may say so, of the Union Constitution committee has already been incorporated in article 67 which has already been passed by the Assembly. It is to give effect to the second part of the recommendation of the Union Constitution Committee that this article is proposed to be introduc...
8.86.208
Similarly there will be many private members who might also wish to pilot private legislation in order to give effect to either their fads or their petty fancies. Again, there may be a further reason which may compel the executive to summon the legislature more often. I think the question of getting through in time the taxation measures, demand...

Showing

2

of

27

relevant paragraphs

9.121.110
    A Joint Commission is the State Commission. That is defined in clause (4) of article 284.
9.121.78
      : I do not think there is anything that I need say.

Showing

2

of

27

relevant paragraphs

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.
7.62.77
Sir, I move:     "That in sub-clause (b) of the second paragraph of clause (1) of article 9, for the words 'the revenues of the State' the words 'State funds' be substituted."

Showing

2

of

26

relevant paragraphs

9.141.35
 Article 15A merely lifts from the provisions of the Criminal Procedure Code two of the most fundamental principles which every civilised country follows as principles of international justice. It is quite true that these two provisions contained in. clause (1) and clause (2) are already to be found in the Criminal Procedure Code and therefore p...
9.141.39
There again, those who believe in the absolute personal liberty of the individual will recognise that this power of preventive detention has been helped in by two limitations : one is that the Government shall have power to detain a person in custody under the provisions of clause (3) only for three months. If they want to detain him beyond thre...

Showing

2

of

26

relevant paragraphs

8.96.90
: Sir, I move:"That for clause (1) of Article 144, the following be substituted:-`144.(1) The Chief Minister shall be appointed by the Governor and the other ministers shall be appointed by the Governor on the advice of the Chief Minister and the ministers shall hold office during the pleasure of the Governor;Provided that in the States of Bih...
8.96.84
: We can revise. This House is perfectly competent to revise Article 143. If after going through the whole of it, the House feels that the better way would be to mention the Articles specifically, it can do so. It is purely a logomachy.

Showing

2

of

26

relevant paragraphs

9.130.330
 : May I request you to go back to entry 38 and to amendment No.311 standing in the name of Pandit Lakshmi Kanta Maitra ? I heard, Sir, that you were pleased to direct Mr. T. T. Krishnamachari to have this entry held back, but I am prepared to accept the amendment suggested by me honourableFriend, Pandit Maitra.
9.130.393
 : I suggest that amendment No.122 might be treated as an independent thing which may be brought in by an additional entry. Then subsequently the Drafting Committee may work the two things together if accepted. Subject to that, this entry may go. Those interested in 122 may be permitted to bring in this in the form of an additional entry.

Showing

2

of

26

relevant paragraphs

9.135.202
     That after Part X, the following new Part be inserted, namely:-"Part XA     Trade, Commerce and Intercourse within the territory of India.Freedom of trade, commerce and intercourse throughout the territory of India.274A.  Subject to the other provision of this Part, trade, commerce and intercourse throughout the territory of India shall be ...
9.135.204
    If any further points are raised in the course of the debate. I shall be glad to offer the necessary explanation.

Showing

2

of

25

relevant paragraphs

7.68.248
: Mr. Vice-President, Sir, the amendment probably is quite laudable in its object but I do not know whether the amendment is necessary at all. In the first place, all these titles and so on which religious dignitaries have cannot be hereafter conferred by the State because we have already included in the fundamental rights that no title shall ...
7.68.160
The first reason is this. We have accepted the proposition which is embodied in article 21, that public funds raised by taxes shall not be utilised for the benefit of any particular community. For instance, if we permitted any particular religious instruction, say, if a school established by a District or Local Board gives religious instruction...

Showing

2

of

24

relevant paragraphs

8.103.189
     Sir, I move: "That for amendment No. 23, the following amendment be substituted:-"That after the new article 112-A, the following article be inserted:-Conference on the Supreme Court of Appellate jurisdiction with regard to criminal matters.112-B. Parliament may by law confer on the Supreme Court power to entertain and hear appeals from any...
8.103.123
     Now Sir, I have come to understand that there is some sentimental objection to the use of the word 'ruler'. I am prepared to yield to that sentiment and what I therefore propose is that the House should accept this amendment for the moment and leave the matter to the Drafting Committee to find a better word to replace the word 'ruler'. Othe...

Showing

2

of

23

relevant paragraphs

9.110.24
   Sir, I move :     "That after Article 277, the following new Article be inserted:-Duty of the Union to protect States against external aggression and internal disturbance. '277-A.  It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is c...
9.110.23
    Sir, I move:     "That Article 188 be deleted."

Showing

2

of

22

relevant paragraphs

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...
9.132.303
Now, with regard to the amendment of my Friend Mr. Brajeshwar Prasad, this is the one amendment I think in which so far as I am concerned, I, feel that he has urged some serious argument. He says that the whole of the tribal area should be lifted from the Province of Assam and should be made a Centrally administered area, because there cannot b...

Showing

2

of

22

relevant paragraphs

10.151.439
: That would be governed by the provisions regarding recognition. I am sure the President is not going to recognise two or three or four persons. This expression is deliberately used in order to give the power to the President.
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...

Showing

2

of

21

relevant paragraphs

8.93.137
  Sir, I would request that article 104 be postponed. Article 105
8.93.239
    : "All courts" means " all other courts."

Showing

2

of

20

relevant paragraphs

9.119.166
Sir, I move:-     "That in sub-clause (c) of clause (1) of article 250, after the word 'railway' a comma and the word 'sea' be inserted."
9.119.118
Yes, I have to withdraw it.The amendment was, by leave of the Assembly, withdrawn.

Showing

2

of

20

relevant paragraphs

8.95.242
: Before we go to the next amendment I would like to suggest that in article 135, the word "elected" be dropped.
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."

Showing

2

of

19

relevant paragraphs

9.112.94
 Sir, the explanation is very simple. If we wanted that there should be no interim enquiry before the President made an order of allocation, we would have merely said that such allocation as existed before the commencement of the Constitution shall continue until they are redetermined by the President on the recommendation of the Commission. We...
9.112.185
: Oh, Kirpans stand on quite a different footing.

Showing

2

of

19

relevant paragraphs

9.113.107
    I do not think any reply is necessary.
9.113.110
       Sir, I beg to move :     "That in article 255, for the words 'revenues of India', wherever they occur, the words 'Consolidated Fund of India' be substituted.     "That in the first proviso to article 255, the words and figures 'for the time being specified in Part I of the First Schedule' be omitted.     "That in clause (a) of the second ...

Showing

2

of

19

relevant paragraphs

9.114.187
  : Sir, the House must have realised that my honourable Friend Dr. Kunzru's amendment referred to clause (3) of article 260 where the functions of the Finance Commission are laid down. But, in order to understand the exact significance of the amendments he has moved, I personally feel that it is desirable to know the method of allocation of rev...
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.

Showing

2

of

19

relevant paragraphs

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

Showing

2

of

18

relevant paragraphs

7.63.252
 :The State shall not recognize it.
7.63.206
 With regard to the minorities, there is a special reference to that in Article 296, where it has been laid down that some provision will be made with regard to the minorities. Of course, we did not lay down any proportion. That is quite clear from the section itself, but we have not altogether omitted the minorities from consideration. Somebody...

Showing

2

of

18

relevant paragraphs

7.66.32
   I have already said that I am not prepared to accept amendment Nos. 506 and 510.
7.66.184
     With regard to the amendment of my honourable Friend, Mr. H. V. Kamath, he wants the words `social and national' in place of the word `public'. I should have thought that the word `public' was wide enough to cover both `national' as well as `social' and it is, therefore, unnecessary to use two words when the purpose can be served by one, an...

Showing

2

of

18

relevant paragraphs

10.148.86
 : We had anticipated the point raised by him, and we have modified my amendment 195 in which I have made provision for Indian States. The only thing I have not made provision for is for persons holding offices of profit.
10.148.172
With regard to Mr. Muniswamy Pillay's amendment, the new thing he seeks to introduce is the provision for the Scheduled Tribes. As a matter of fact there is no objection to making provision for the Scheduled Tribes but the point is this that at present there is no enumeration of Scheduled Tribes, because Scheduled Tribes as such has not been re...

Showing

2

of

17

relevant paragraphs

7.65.165
Now, Sir, coming to the other amendments and the point raised by the speakers in their speeches in moving those amendments, I find that there are just a few points which call for a reply.
7.65.162
The amendment which seeks to remove the words `subject to the other provisions of this article'.

Showing

2

of

17

relevant paragraphs

7.64.215
Is it open to my honourable Friend to speak generally on the clauses?
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."

Showing

2

of

17

relevant paragraphs

7.58.52
I have no objection if you allow that. I think Mr. Nagappa's suggestion that agricultural lab our is as important as industrial lab our and should not be merely referred to by the word 'otherwise', has some substance in it. However, it is a matter of ruling and it is for you to decide.
7.58.161
My friend, Mr. Hussain Imam, in rising to support the amendments, asked whether it was possible and desirable to have a uniform Code of laws for a country so vast as this is. Now I must confess that I was very much surprised at that statement, for the simple reason that we have in this country a uniform code of laws covering almost every aspect...

Showing

2

of

17

relevant paragraphs

8.90.157
     With regard to this matter, I quite agree that the point raised is of the greatest importance. There can be no difference of opinion in the House that our judiciary must both be independent of the executive and must also be competent in itself. And the question is how these two objects could be secured. There are two different ways in this ...
8.90.156
     Now, Sir, with regard to the numerous amendments that have been moved, to this article, there are really three issues that have been raised. The first is, how are the Judges of the Supreme Court to be appointed? Now grouping the different amendments which are related to this particular matter, I find three different proposals. The first pr...

Showing

2

of

17

relevant paragraphs

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.
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...

Showing

2

of

17

relevant paragraphs

7.75.114
Sir, I hope that with this explanation, the House will accept the article as it stands.
7.75.113
Then, coming to the amendment of my friend Mr. Naziruddin Ahmad, who wants that in clause (c) after the word "term" words such as resignation etc. should be inserted. This amendment is absolutely unnecessary, because this article does not make any provision for filling casual vacancies. There is no necessity for making any provision for casual ...

Showing

2

of

15

relevant paragraphs

7.60.57
I understand Mr.Kamath is moving an amendment.
7.60.3
So that the article 39-A, with this amendment would read as follows: -“The State shall take steps to separate the judiciary from the executive in the public services of the State.”

Showing

2

of

14

relevant paragraphs

7.59.65
Sir, I accept the amendment of Mr. Tyagi as amended by the amendment of Prof. ShibbanLalSaksena. (Laughter)
7.59.71
Now, I do not know what more my friend, Mr. Jaipal Singh, wants than the provision in paragraph 12 of the Sixth Schedule. My fear is that he has not read the Sixth Schedule: if he had read it, he would have realised that even though the State may apply its law regarding prohibition in any part of the country, it has no right to make it applicabl...

Showing

2

of

14

relevant paragraphs

9.109.107
The proviso is also a new one and it provides for a case where the Proclamation is issued when the House of the People is dissolved or the Proclamation is issued during the dissolution. The provision contained in the new proviso is that if the Proclamation is issued when the House has been dissolved, or between the dissolution of the old House ...
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...

Showing

2

of

13

relevant paragraphs

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...
9.118.217
     It has now been discovered that that was an error, that really speaking, when the section was adapted at that stage, the Governor-General should have been endowed with those powers, because those power under the provisions of Section 291 were vested in His Majesty in Council and not in any local legislature. What we are doing by this Bill i...

Showing

2

of

13

relevant paragraphs

9.125.56
Sir, I also move:     'That in the Third Schedule for the heading 'Forms of Declarations' the heading 'Forms of affirmations or Oaths' be substituted."
9.125.55
Sir, I also move:     "That in the Third Schedule, in Form II of the Declarations, for the words and brackets 'solemnly affirm (or swear)', the following be substituted:-'solemnly affirm ____________________________swear in the name of God."'     "That in the Third Schedule, in Form III of the Declarations,--(a) for the word 'declaration' the w...

Showing

2

of

12

relevant paragraphs

7.54.47
I support the suggestion made by Pandit Govind Ballabh Pant.
7.54.90
We shall take note of what Mr. Kamath has said.

Showing

2

of

12

relevant paragraphs

8.88.210
: No, Sir. I do not think any reply is necessary.
8.88.149
: Sir, I accept the amendment moved by my Friend Mr. T.T. Krishnamchari. I would also agree to the further reduction of the period to fourteen days. If the House will permit me to make such an amendment I should like to move that the period of twenty-one days as mentioned in the amendment be further reduced to fourteen days. I shall give my rea...

Showing

2

of

12

relevant paragraphs

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."
11.155.42
     Sir, I do not think it is necessary for me to add anything to the report of the Drafting Committee and I hope that the House will be able to accept the report as well as the changes recommended by the Drafting Committee both in the report as well as in List II which has already been circulated to the Members of the House.Amendments of Articles

Showing

2

of

12

relevant paragraphs

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...
8.94.142
: 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...

Showing

2

of

11

relevant paragraphs

7.77.4
"That after clause (5) of article 62, the following new clause be inserted:--'(5) (a) In the choice of his Ministers and the exercise of his other functions under this Constitution, the President shall be generally guided by the instructions set out in Schedule III-A, but the validity of anything done by the President shall not be called in que...
7.77.150
: I have dealt with that.

Showing

2

of

11

relevant paragraphs

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...
3.20.206
Mr. President, Sir, I am sorry to say that I do not find myself in agreement with the amendment which had been moved by Mr.Munshi relating to the question of the conversion of minor children. The clause, as it stands, probably gives the impression to the House that this question relating to the conversion of minors was not considered by the Fund...

Showing

2

of

11

relevant paragraphs

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...

Showing

2

of

11

relevant paragraphs

7.56.170
As to the rest of the amendments, I am afraid I have to oppose them.
7.56.168
Sir, that is the reason why the language of the articles in Part IV is left in the manner in which this Drafting Committee thought it best to leave it. It is no use giving a fixed, rigid form to something which is not rigid, which is fundamentally changing and must, having regard to the circumstances and the times, keep on changing. It is, there...

Showing

2

of

10

relevant paragraphs

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...
9.122.164
   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 ...

Showing

2

of

10

relevant paragraphs

7.57.95
Not moving.
7.57.128
With regard to his other amendments, viz., substitution of his own clauses for sub-clauses (ii) and (iii) of Article 31, all I want to say is this that I would have been quite prepared to consider the amendment of Professor Shah if he had shown that what he intended to do by the substitution of his own clauses was not possible to be done under t...

Showing

2

of

10

relevant paragraphs

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 ...
7.55.38
For the present I submit we shall be acting wisely by respecting the agreement which has been arrived at by the two Negotiating Committees and following it up until by further agreement we are in a position to change the basis rather with goodwill, peace and honour to both sides Sir, I oppose the amendment. (Cheers).

Showing

2

of

10

relevant paragraphs

7.69.196
The first point that I would like to submit to the House as to why the Drafting Committee thought it necessary to alter the language of paragraph 18 of the Fundamental rights is this. On reading the paragraph contained in the original Fundamental Rights, it will be noticed that the term "minority" was used therein not in the technical sense of ...
7.69.194
Amendment No. 676 deals with cultural rights of the minorities, while the other amendment, No. 714, raises the question whether a minority should not have the Fundamental Right embodied in the Constitution for receiving education in the primary stage in the mother tongue.

Showing

2

of

9

relevant paragraphs

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...
7.71.95
    Then, taking the draft prepared by the Hindi Committee, in article 41 there, the word used is (PRADHAN). There is no "Rashtrapati" there either.

Showing

2

of

9

relevant paragraphs

7.53.56
I do not accept the amendment.
7.53.162
Sir, I raise a point of order. My point of order is that this is not an amendment. Unless it changes the substance of the original proposition, it is not an amendment. I am trying to find out the reference in May's Parliamentary Practice. But I would like to raise this point at this moment. If my friend will forgive me, I think he is in the hab...

Showing

2

of

9

relevant paragraphs

11.156.169
    : I purpose to explain this matter in my reply. Mr. Sidhva may conclude his remarks.(Amendment No. 427 to article 392 was not moved.)
11.156.34
    : The only question on this point of order that could arise is whether the change proposed by the Drafting Committee in article 365 is a consequential change. It is quite clear in the judgment of the Drafting Committee that this is not only necessary but consequential, for the simple reason that, once there is power given to the given to the...

Showing

2

of

9

relevant paragraphs

9.117.184
: We shall consider it when we go over the whole thing is the language is appropriate.
9.117.140
Then I come to the criticism which has been levelled on the provisions which relate to immigrants from India to Pakistan. I think that those who have criticised these articles have again not clearly understood what exactly it is proposed to be done. I should like, therefore, to re- state what the articles say. According to the provisions which ...

Showing

2

of

8

relevant paragraphs

7.81.150
    Not moving.
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...

Showing

2

of

7

relevant paragraphs

9.144.155
Is this all necessary, Sir ?
9.144.157
There is a lot of work to be done.

Showing

2

of

7

relevant paragraphs

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...
7.79.49
    I am not moving it.

Showing

2

of

7

relevant paragraphs

7.79.185
   Mr. Vice-President, Sir, I accept the amendments Nos. 1417, 1426, 1431 of Prof. Shah, 1434 as amended by the mover of that amendment and as amended by the amendment No. 42 of List II and No. 43 of List II. Of the other amendments, on a careful examination, I find that there is only one amendment on which I need offer any reply. That is amendm...
7.79.49
    I am not moving it.

Showing

2

of

7

relevant paragraphs

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...
6.47.135
The other point of criticism levelled by Mr.Santhanam relates to one of the new Rules which requires the assent of the Governor-General to the passing of a Bill adopted by the-Constituent Assembly. As the Members of this House will remember, the Committee, which reported on the bifurcation of the functions of the Constituent Assembly into (1) Co...

Showing

2

of

6

relevant paragraphs

7.67.31
This is only for the purpose of keeping symmetry in the language that we have used in the other articles.
7.67.108
Mr. Vice-President, Sir, I have nothing to add to the various speakers who have spoken in support of this article. What I have to say is that the only amendment I am prepared to accept is amendment No. 609.

Showing

2

of

6

relevant paragraphs

1.7.29
In the course of the debate that took place, there were two questions which were raised, which struck me so well that I took the trouble of taking them down on a piece of paper. The one question was, I think, by my friend, the Prime Minister of Bihar who spoke yesterday in this Assembly. He said, ‘how can this Resolution prevent the League from...
1.7.25
Mr. Chairman, I am indeed very graceful to you for having called me to speak on the Resolution. I must however confess that your invitation has come to me as a surprise. I thought that as there were some 20 or 22 people ahead of me, my turn, if it did come at all, would come tomorrow. I would have preferred that as today I have come without an...

Showing

2

of

5

relevant paragraphs

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.
9.140.497
 No; no. It is not in today's Order Paper.

Showing

2

of

5

relevant paragraphs

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".
9.124.91
     With regard to the other arguments which have been used by my Friends Mr. Muniswami Pillai and M. Monomohon Das, I am sorry it is not possible to accept that amendment. Their proposal is that while they are prepared to leave the clause as it is, they propose to vest parliament with the power to alter this clause by further extension of the...

Showing

2

of

3

relevant paragraphs

10.150.37
 I have already moved that.
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...

Showing

2

of

3

relevant paragraphs

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...
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).

Showing

2

of

3

relevant paragraphs

7.82.57
     : Sir, I do not know whether any reply is necessary.
7.82.82
     : Mr. Vice-president, Sir, I do not think any, reply is called for.

Showing

2

of

2

relevant paragraphs

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...
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 ...

Showing

2

of

2

relevant paragraphs

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.

Showing

2

of

2

relevant paragraphs

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

Showing

1

of

1

relevant paragraphs

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.

Showing

1

of

1

relevant paragraphs

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

Showing

1

of

1

relevant paragraphs

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

Showing

1

of

1

relevant paragraphs

10.152.314
     I have nothing to say.
Filters
|
Reset All

Filters

×
Close
Speaker+ 1
Speakers referred to
Articles
Date of debate
Countries referred to