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

Speaker

B.R. Ambedkar

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9.143.588
     Then let us take the Swiss Constitution. In that constitution too, the legislature may pass an amending Bill, but that amendment does not have any operative force unless two conditions are satisfied : one is that the majority of the cantons accept the amendment, and secondly--there is a referendum also--in the referendum the majority of the...
9.143.599
     Chapter I of Part IX which is included in the third category, deals with the distribution of legislative power, and (a) deals with the lists of the Seventh Schedule. Nobody can deny that the provinces have a fundamental interest in this matter and that they should not be altered without their consent. Similarly the representation of the Sta...

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9.142.164
Then there is another point which was raised by my Friend, Mr. Kamath. He asked me whether it was possible for the High Courts to issue writs for the benefit of the accused, in cases of preventive detention. Obviously the position is this. A writ of habeas corpus can be asked for and issued in any case, but the other writs depend upon the circu...
9.142.98
: I do not want to close my mind on it. If there is the necessity I think the Drafting Committee may be left to consider this matter at a later stage, whether the introduction of these words are necessary. As at present advised, we think those words are not necessary.

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9.133.306
     : If I may deal with my honourable Friend, Pandit Kunzru's difficulty, I think my honourable Friend has not clearly understood the purpose of Mr. Chaliha's amendment. Mr. Chaliha's amendment is "inclusion or exclusion of any tribal area from any District or Regional Council," that is to say, the diminution of the jurisdiction of the Distri...
9.133.179
     : Sir, I must say that I was somewhat surprised by my honourable Friend's putting me these questions. I think he could have answered them himself. But I will now answer them as he has put them to me.

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9.129.188
    : Sir, I should like at the outset to state what the point of order is, or how I have understood it, because I should like to be corrected at the outset, if I am wrong. The point of order seems to be this that in view of the fact that this Assembly has passed article 13 which is a part of the Fundamental Rights and which says right to freedo...
9.129.353
 Sir, I move:      "That for entry 2 of List II, the following entry be substituted:-     '2. The administration of justice, constitution and organisation of all courts except the Supreme Court and the High Courts; fees taken in all courts except the Supreme Court.' "

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9.128.126
     : No.
9.128.293
      : Sir, I move:     "That for entry 67 of List I, the following entry be substituted:-     '67. Extension of the powers and jurisdiction of members of a police force belonging to any State to any area not within such State, but not so as to enable the police of one State to exercise powers and jurisdiction in any area not within that Stat...

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9.127.313
           "That for entry 52 of List I, the following entry be substituted:-     '52. Constitution and organisation of the Supreme Court and the High Courts; jurisdiction and powers of the Supreme Court and fees taken therein; persons entitled to practice before the Supreme Court or any High Court'. "
9.127.113
     Sir, I move :     "That for entry 26 of List I the following be substituted :-'26 Import or export across customs frontiers; definition of customs frontiers.'"

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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...
11.165.312
     In another place, he has said :"The idea that institutions established for the use of the national cannot be touched or modified, even to make them answer their end, because of rights gratuitously supposed in those employed to manage them in the trust for the public, may perhaps be a salutary provision against the abuses of a monarch, but ...

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7.48.250
What is said to be the absurdity of the amending provisions is founded upon a misconception of the position of the Constituent Assembly and of the future Parliament elected under the Constitution. The Constituent Assembly in making a Constitution has no partisan motive. Beyond securing a good and workable constitution it has no axe to grind. In ...
7.48.193
The Draft Constitution as it has emerged from the Drafting Committee is a formidable document. It contains 315 Articles and 8 Schedules. It must be admitted that the Constitution of no country could be found to be so bulky as the Draft Constitution. It would be difficult for those who have not been through it to realize its salient and special f...

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8.105.214
Then the question was whether the Electoral Commission should have authority to have an independent staff of its own to carry on the work which has been entrusted to it. It was felt that to allow the Election Commission to have an independent machinery to carry on all the work of the preparation of the electoral roll, the revision of the roll, ...
8.105.23
: What is your amendment?

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9.136.169
 : That the President will decide-whether you are right or he is right.
9.136.239
 : I am quite prepared to withdraw them, Sir. But, I know it very well.

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8.102.271
I want article 175 to be held over.
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."

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9.134.328
     : I expect to be back from the Cabinet meeting at about half past five. If the House is prepared to sit for two hours after that, I am quite prepared, but we have a Drafting Committee meeting from half past five onwards, because unless we are ready with the articles which have already been held up, it will be difficult to proceed. We have ...
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...

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7.73.296
 : No, Sir.
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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9.115.155
“Provided that no such registration shall be made unless the person making the application has resided in the territory of India for at least six months before the date of his application”. “Rights of citizenship of certain migrants to Pakistan.5-AA.  Notwithstanding anything contained in articles 5 and 5-A of this Constitution a person who ha...
9.115.192
: Yes, on the 19th July '48 there was an ordinance passed that no person shall come in unless he has a permit, and certain rules were framed by the Government of India under that, on 19th July 1948, whereby they said a permit may be issued to any person coming from Pakistan to India specifically saying that he is entitled to come in. There are ...

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9.107.172
     : Again take another illustration, namely, the allocation of seats. The actual allocation will have to be done by law by Parliament. Therefore, if such important matters of detail could be left to Parliament to determine by law, I do not see what grave objection could there be for a matter regarding the composition of the Upper Chamber bei...
9.107.179
     Sir, I beg to move :     "That in amendment No. 12 of List I (First Week) of Amendments to Amendments for the proposed new article 163-A, the following be substituted :-     '163-A. (1) The House or each House of the Legislature of a State shall have a secretarial staff of State Legislatures separate secretarial staff :     Provided that no...

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10.146.212
     With regard to the point made by my Friend Mr. Kamath, I think he will realise that there is no error on the part of the Drafting Committee in referring to the Government of India Act, 1935, without making a distinction between the original Statute and the Statute as adapted, because he will see that the Statute as adapted itself provides t...
10.146.208
    Sir, there seems to be considerable misapprehension as to the necessity of the provisions contained in article 313. My Friend Dr. Deshmukh who has moved his amendment very kindly said that if I gave a satisfactory explanation as to the provisions contained in article 313 he would not press his amendment. With regard to article 313 I think ce...

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8.101.64
    My first submission is this, that in making this amendment to article 204 which I have moved this morning we are doing no more than carrying out the substance of the proviso to clause (2a) of article 121 contained in amendment No. 42. Here also what we say is this: that the High Court, if satisfied, may take the case to itself, decide the is...
8.101.112
    The argument in favour of substituting the procedure for an Appropriation Bill for the previous contained in article 94 of the Draft Constitution is this. The legislature votes the supplies. It is, therefore, proper that the legislature should pass what it has done in the form of an Act. Why should the work done by the legislature in the mat...

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7.74.321
    Sir, I move:     "That for sub-clause (a) of the Explanation to clause (4) of article 55, the following be substituted:--'(a)  he is the Governor of any State for the time being specified in Part I of the First Schedule or is a minister either for India or for any such State, of'."
7.74.158
    Yes; I think there is nothing in this amendment except the fact that this was met by other ways.

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11.157.250
: He can act at any time. The Constituent Assembly will not be able to take notice of it, because it will not be in existence for this purpose after the 26th November. The point is this that the Government of India Act, 1935 will continue in operation after the 25th November, So long as that Act continues, the Governor-General's right to act u...
11.157.232
 Now, Sir, I come to article 48 which relates to cow slaughter. I need not say anything about it because the Drafting Committee has put in an agreed amendment which is No. 549 in List IV. I hope that that would satisfy those who were rather dissatisfied with the new draft of article 48 as proposed by the Drafting Committee.

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7.83.249
     I am prepared to make the necessary consequential changes. As I said, I will turn to the other amendments and I take the amendment of my Friend Mr. Tyagi. If I understood him correctly, he had no objection to the Resolution in its general terms. What he wanted was that the details should be deleted. It seems to me that the position taken by...
7.83.294
    There is no time for it now. If Members are not prepared to rely upon the assurance given by me some such motion may be moved at the appropriate stage.

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10.153.96
There is only one point, I think, about which I should like to say a word. There after I know, some friends who do not like the phraseology in sub-clause (1), in so far as it applies, "in the course of export and in the course of import". Now, the Drafting Committee has spent a great deal of time in order to choose the exact phraseology., So fa...
10.153.19
I do not think any further explanation is necessary so far as my amendment is concerned but if any point is raised I shall be very glad to say something in reply to it when I reply to the debate.(Amendments Nos. 426 and 427 were not moved).

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8.100.95
It is a very formal amendment.
8.100.182
     The other question that has been asked of me is with regard to the proviso. Many people who have spoken on the proviso have said that it appeared to them to be purposeless and meaningless. I do not agree with them. I do think that the proviso is absolutely necessary. If the proviso is not there it would be quite open for the authorities con...

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8.104.158
Yes, but what happens is that a man as soon as he is elected is entitled to take his seat on taking the oath or making the affirmation. He does so and subsequently his rival files an election petition and he is dislodged on the finding of court that he has committed offences under the Election Act. That would also come under (e) After a man has ...
8.104.58
Section 411-A applies only to the High Court of Calcutta, Bombay and Madras. Even there it does not apply to all cases or to cases where such High Court have acted under section 506. Section 411-A is confined to appeals from the judgment of High Court sitting on the original side, in sessions. Therefore, Sir....

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7.70.212
 : Sir, I move:     "That for the words `to provide for such matters and for prescribing punishment for such acts' the words `for prescribing punishment for the acts referred to in clause (b) of this article' be substituted."
7.70.170
While the powers of the Supreme Court to issue orders and directions are there, the draft Constitution has thought it desirable to mention these particular writs. Now, the necessity for mentioning and making reference to these particular writs is quite obvious. These writs have been in existence in Great Britain for a number of years. Their natu...

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9.120.49
    My reply to that is this : Where is the reason to believe that in modifying or exercising the power of the President to modify the Provisions relating to the distribution of the income-tax he will act so arbitrarily as to take away altogether the proceeds of the income-tax ? Where is the ground for believing that the President will not even ...
9.120.208
    Now, having dealt with that question, I come to amendment No. 74 of Mr. Bhargava. I think that is an important matter and should therefore explain what exactly the provision is. His amendment really refers to article 279, although he has put it as an amending to article 280. What he wants is that any action taken by the State under the autho...

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10.149.236
: How can you move it'?
10.149.197
As will be seen, the underlying idea of this Part is that Part VI of this Constitution which deals with the Constitution of the States will now automatically apply under the provisions of article 21 ]-A to States in Part Ill. But it is realized that in applying Part VI to the Indian States which will be in Part II] there are special circumstanc...

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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.'"
9.126.22
: On Saturday evening, I think. So far as Mr. Naziruddin Ahmad is concerned, there are some forty amendments standing in his name.

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8.97.362
: I think it is perfectly all right, Sir.
8.97.350
: Sir, I move:"That for sub-clause (d) of clause (1) of article 167, the following be substituted:`(d) if he has ceased to be a citizen of India or has voluntarily acquired the citizenship of a foreign State or is under any acknowledgement of allegiance or adherence to a foreign State.'"

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7.72.139
I have no doubt about it that the Government will pay attention to the various arguments that have been made in favour of having a true census of the people before the elections are undertaken. If I may say so, one of the reasons which persuaded me to accept the amendment of my friend Mr. Naziruddin Ahmad is that he used the word 'latest' in pr...
7.72.43
So far as the figures are available, the total population of the Governors' provinces and the Commissioners' provinces is about 228, 163, 637. The total population of the States comes to 88, 808, 434, making altogether a total of nearly 317 millions for the territory of India. Assuming that on adult franchise, the population that would be entit...

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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 ...
7.76.198
Now, Sir, with regard to the second proposition of my friend Prof. K. T. Shah that a Minister on appointment should seek a vote of confidence. I am sure that Prof. K. T. Shah will realise that there is no necessity for any such provision at all. It is true that in the early history of the British Cabinet every person who, notwithstanding the fa...

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8.87.252
I do not accept any of the amendments, except amendment No. 1587, standing in the name of the Honourable Shri G. S. Gupta.
8.87.88
, Sir, I move :"That in clause(1) of article 80, for the words "Save as provided in this Constitution' the words 'Save as otherwise provided in this Constitution' be substituted."

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8.89.153
     : Though I cannot point it out just how, I am sure there is a provision. I think there is provision that the President will be bound to accept the advice of the Ministers. In fact, he cannot act without the advice of his Ministers.
8.89.149
     : I am very grateful to you for reminding me about this. The point is that amendment is unnecessary, because the President could not act and will not act except on the advice of Ministers.

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10.154.575
Therefore, I am not prepared to accept the amendment. I do not want to say anything about the text of the amendment. Probably the amendment is somewhat worded, if I may say so with all respect, in a form which would not fit in the Preamble as we have drafted, and therefore on both these ground I think there is no justification for altering the ...
10.154.83
I, therefore, submit that in view of the fact that the High Court is such an important institution intended by the Constitution to adjudicate between the Legislature and the Executive and between citizen and citizen such a power given to the President is a very necessary power to maintain an important institution which has been created by the C...

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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.
9.108.121
 :Sir, I would like Articles 212 to 214 to be held over. I think Article 275 may be taken up.

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8.106.68
: You cannot deal with a constitution on technical points. To many technicalities will destroy constitution-making.
8.106.139
: Sir, I move:  "That with reference to amendment No. 3186 of the List of Amendments in clause (1) of article 300 after the word figure 'Part I' the words and figures 'and Part III' be inserted."

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8.99.166
Sir, I move: That for clause (3) of article 121, the following be substituted :- (3) No judgment shall be delivered by the Supreme Court save in open, and no report shall be made under article 119 of this Constitution save in accordance with an opinion also delivered in open court.
8.99.188
Mr. President, I regret very much that I cannot accept the amendment moved by my honourable Friend Mr. Lari. It seems to me that he has completely misunderstood what is involved in his amendment.

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9.111.198
: Sir, I move:"That above article 249, the following sub-heading be inserted :- 'Distribution of Revenues between the Union and the States'."
9.111.40
: No, no. The Centre is not given that authority.

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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.
8.98.121
          "That in clause (3) of article 110, for the words 'not only on the ground that any such question as aforesaid has been wrongly decided, but also,' the words 'on the ground that any such question as aforesaid has been wrongly decided and with the leave of the Supreme Court' be substituted."

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9.121.78
      : I do not think there is anything that I need say.
9.121.108
     I do not think there is any other point which calls for explanation.

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7.62.159
 I request you to hold this article over.
7.62.15
So, if the context in article 8 (1) requires the term law to be used so as to include custom, that construction would be possible. If in sub-clause (2) of article 8, it is not necessary in the context to read the word law to include custom, it would not be possible to read the word 'law' to include custom. I think that would remove the difficul...

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8.86.210
I come to the amendment of Prof. Shah (No. 1477). By this particular amendment Prof. Shah wants to omit the words "either House" from clause 67(2) (a). I could not understand his argument. He seemed to convey the impression-he will correct me if I am wrong-that because the upper chamber is not subject to dissolution it is not necessary for the ...
8.86.73
: The Drafting Committee may be very glad to follow that procedure.

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9.130.402
 : I move:     "That in entry 59 of List II, the following be added at the end:-     'Subject to the provisions of entry 21 of List III.'"
9.130.351
 : For the reasons which I have given while dealing with entry 46, I do not accept the amendment.

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9.141.19
: Sir, with regard to the amendment of my Friend, Pandit Thakur Das Bhargava, I do not think that that amendment is necessary if he is really enlarging the jurisdiction of the Court. The word "practice" is generally taken to cover matters of procedure, and article 112B which I have proposed does not deal with procedure but deals with substantiv...
9.141.40
 I think, on the whole, those who are fighting for the protection of individual freedom ought to congratulate themselves that it has been found possible to introduce this clause which, although it may not satisfy those who hold absolute views in this matter, certainly saves a great deal which had been lost by the non-introduction of the words 'd...

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8.96.211
With regard the suggestion of my Friend Mr. Jaipal Singh, that Bombay should be included on account of the fact that as a result of the mergers that have taken place into Bombay Presidency, the number of Tribal people has increased I am sorry to say that at this stage, I cannot accept it because this is a matter on which it would be necessary t...
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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9.135.202
     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 ...
9.135.110
    So far as clause (2) is concerned, I have no doubt in my mind that everybody who has got common sense would agree that this is the best proviso that could have been devised for the protection of the persons engaged in the civil service of the State. The question has been raised that any person who has been convicted in any criminal case need...

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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...
7.68.178
: I think the courts will decide when the matter comes up before them.

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8.103.117
     Sir, I agree that Mr. Thanu Pillai's point requires explanation. Now the explanation is this. I am sure he will agree that the rule regarding repugnancy which is mentioned in article 231 must be observed so far as future laws made by Parliament are concerned. He will see that the wording in article 231 is 'whether passed before or after'. S...
8.103.87
    Much has already been said. Unless you desire me to speak, I would rather not say anything.

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9.110.40
  Sub-clause (d) makes it quite clear-which probably was already implicit in the Article-that the President also can exercise his powers conferred upon him by Article 102 to issue Ordinances with regard to the running of the administration of any particular province which has been taken over when both the Houses are not in session. The original ...
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....

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10.151.309
Similarly, if the executive is honest in working the Constitution, it must act in accordance with the judicial decisions given by the Supreme Court. Therefore my submission is that this is a matter of one organ of the State acting within its own limitations and obeying the supremacy of the other organs of the State. In so far as the Constitutio...
10.151.436
 If I may say so, this definition of Ruler is intended only for the limited purpose of making payments out of the privy purse. It has no other reference at all.

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9.132.3
That for the Fifth Schedule, the following Schedule be substituted:—"FIFTH SCHEDULE[Articles 215-A (a) and 215-B (1)]PROVISIONS AS TO THE ADMINISTRATION AND CONTROL OF SCHEDULED AREAS AND SCHEDULED TRIBESPart 1GENERAL     1. Interpretation.—In this Schedule, unless the context otherwise requires, the expression "State' means a State for the tim...
9.132.2
 : Sir, I move: 

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8.93.159
    Sir, I beg to move:     "That in article 107 the words 'subject to the provisions of this article' be deleted."
8.93.256
: Sir, I move:     "That for the existing article 122, the following be substituted:-          '122 Officers and servants and the expenses of the Supreme Court.--(1) Appointments of officers and servants of the Supreme Court shall be made by the chief Justice of India or such other judge or officer of the court as he may direct:          Provid...

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8.95.265
:Sir, I accept the amendment moved by Shri T. T. Krishnamachari and also the one moved by my Friend Mr. Kamath.
8.95.257
: Sir, I move:"That in article 136 for the words "in the presence of the members of the Legislature of the State' the words 'in the presence of the Chief Justice or, in his, absence, any other judge of the High Court exercising jurisdiction in relation to the State' be substituted."

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9.119.114
They are provided for very different reasons agricultural labour would be amply provide in the lower Chamber.
9.119.115
My Friend Shri Muniswami Pillai by an amendment raised the question that there should be special representation for the Scheduled Castes in the Upper Chamber. Now, I should like to point out to him that so far as the Drafting Committee is concerned, it is governed by the report of the Advisory Committee which dealt with this matter. In the repo...

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9.114.153
   This is a formal one.
9.114.152
  Sir, I move:That in sub-clause (b) of clause (3) of article 260, for the words 'revenues of India' the words 'Consolidated Fund of India' be substituted.

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9.113.113
    That is what I am trying to explain.
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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7.78.267
   Yes, everybody will now get population ratio.
7.78.103
   Sir, I beg to move:     "That the following new clause be added after clause (1) of article 67:'(1a) The allocation of seats to representatives of the States in the Council of States shall be in accordance with the provisions in that behalf contained in Schedule III-B.' "

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9.112.88
: No, no; States in Part III.
9.112.38
 Sir, I beg to move,     "That in clause (2) of article 251, for the words revenues of India the words 'Consolidated Fund of India' be substituted." (Amendments Nos. 75, 77 and 78 were not moved.)

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7.66.26
     With regard to amendments Nos. 506 and 509 moved by my friend, Mr. Naziruddin Ahmad...........,
7.66.185
     With regard to the amendment of my honourable Friend ShriDamodarSwarup Seth, it seems to be unnecessary and I, therefore, do not accept it. With regard to the amendment of SardarBhopinder Singh Man, he wants that wherever compulsory labour is imposed by the State under the provisions of clause (2) of article 17 a proviso should be put in th...

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7.63.208
: I am sorry I forgot to say that I accept amendment No. 342.
7.63.10
: I do not accept the amendment.

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10.148.202
 : Sir, I move:"That for Part I of the Second Schedule, the following be substituted:--PART I     Provisions as to the President and the Governors of States for the time being specified in Part I of the First Schedule.     1.There shall be paid to the President and to the Governors of the States for the time being specified in Part I of the Fir...
10.148.193
: Mr. Krishnamachari will explain.

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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, ...
7.65.182
He asked me another question and it was this. Supposing a member of a scheduled tribe living in a scheduled area or a member of a scheduled tribe living in a tribal area migrates to another part of the territory of India, which is outside both the scheduled area and the tribal area, will he be able to claim from the local government, within whos...

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10.147.234
     Sir, I do not think that anything that has been urged in favour of the amendments that have been moved raises any matter of substance. It is a more a matter of sentiment, and I think from the point of view of convenience it is much better that we should have this clause and not feel in any way humiliated in doing it, because even if the Pri...
10.147.210
         "That after clause(3) of article 308, the following new clause be inserted:-     '(3a) On and from the date of commencement of this Constitution the jurisdiction of the authority functioning as the Privy Council in a State for the time being specified in Part III of the First Schedule to entertain and dispose of appeals and petitions ...

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7.58.50
I may also add that I am quite agreeable to accept the amendment moved by Mr. Nagappa that the word 'agricultural' be added after word 'industrial'.
7.58.177
May I just make a statement? I believe both these amendments dealing with the backward classes, etc. would be more appropriate to the Schedule and could be better considered when we dealt with the Schedule. I would suggest that the consideration of these amendments may be postponed.

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7.75.153
 :  It might be desirable that I explain in a few words in its general outline the scheme embodied in article 59. It is this: the power of commutation of sentence for offences enacted by the Federal Law is vested in the President of the Union. The power to commute sentences for offences enacted by the State Legislatures is vested in the Governo...
7.75.12
With regard to the suggestion which has been made both by Mr. Bharathi and Mr. Naziruddin Ahmad about the use of the words "alternative vote", all I can say is this. If it is merely a matter of change of language, it might be possible for the Drafting Committee at a later stage, to consider this matter. But if--and I am not prepared to commit m...

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7.64.229
Sir, I move:     "that with reference to amendment No. 454......"
7.64.243
What we have said is that the existing law shall stand abrogated in so far as they are inconsistent with the provisions of this Constitution. Surely the administration of this country is dependent upon the continued existence of the laws which are in force today. It would bring down the whole administration to pieces if the existing laws were co...

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8.90.155
     : Mr. President, Sir. I am prepared to accept two amendments. One of them is No. 1829 moved by Mr. Santhanam, and the other is No. 1845 moved by Mr. Kamath, by which he proposes that even a jurist may be appointed as a Judge of the Supreme Court. But with regard to Mr. Kamath's amendment No. 1845, I should like to make one reservation and ...
8.90.100
     : Sir, I formally move:     "That in clause (6) of article 103, for the words 'a declaration' the words 'an affirmation or oath' be substituted."

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7.60.155
The object of the Fundamental Rights is two-fold.First, that every citizen must be in a position to claimthose rights. Secondly, they must be binding upon everyauthority - I shall presently explain what the word"authority" means - upon every authority which has got eitherthe power to make laws or the power to have discretionvested in it. Therefo...
7.60.57
I understand Mr.Kamath is moving an amendment.

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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...
7.59.70
But Sir, I was quite surprised at the speech delivered by my friend Mr. Jaipal Singh. He said that this matter ought not to be discussed at this stage, but should be postponed till we take up for consideration the report of the Advisory Committee on Tribal Areas. If he had read the Draft Constitution, particularly the Sixth Schedule, paragraph 1...

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9.109.108
The last clause is self-explanatory and it merely provides what I think is the intention of clause (1) that even though there is not the actual occurrence, if the President thinks that there is an imminent danger of it, he can act under the provisions of this article.
9.109.91
Sir, it will be remembered that when the House discussed the constitution of States in Part I, it was decided that every State should have a High Court. States in Part II are also States; consequently the provision which applies to States in Part I, namely, that each State should have an independent High Court, must also apply to States in Part...

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9.118.215
     The first thing that I would like to draw the attention of the House is this that in clause 4 of this Bill the matters which are enumerated from (b) to (i) are exactly the matters which are enumerated in the old Section 291. Therefore, it has to be understood at the outset that this clause, clause 4, is not making any fundamental change in ...
9.118.216
     The question, therefore, may be asked as to why is it that we are now, giving the power to the Governor-General. The difficulty, if I may say so, is this. Somehow when the Government of India Act, 1935, came to be adapted after the Independence Act, there was, in my judgment, at any rate, a slip that took place and that slip was this, that ...

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9.125.86
These are unnecessary because we do not propose to leave any discretion in the Governor at all.
9.125.88
 : Yes, I remember that.

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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...

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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.

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8.94.91
: Sir, I move :     "That in article 127, for the word 'Parliament' the words 'each House of Parliament' be substituted."  It is only a formal amendment
8.94.165
: Sir, I want to say a word regarding the procedure to be followed. taking the article 131, as it is, no doubt it is put in an alternative form. The two alternatives have one thing in common viz., that they propose the Governor to be elected. The form of election is for the moment a subsidiary question. As against that, there are three or four...

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11.155.41
     The second set of changes as are described in the report are purely formal and consequential, such as the omission of the words "of this Constitution" which occurs in the draft articles at various places. Sometimes capital letters had been printed in small type and that correction had to be made. Other alterations such is reference to Ruler...
11.155.38
     Sir, I do not propose to make any very long statement on the report or on the recommendations made by the Drafting Committee for the purpose of revising or altering the articles as they were passed at the last session of this Assembly. The only thing that I wish to say is that I would not like to apologise to the House for the long list of ...

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7.56.181
If he wants to withdraw, I have no objection; let him withdraw.
7.56.167
Now, having regard to the fact that there are various ways by which economic democracy may be brought about, we have deliberately introduced in the language that we have used, in the directive principles, something which is not fixed or rigid. We have left enough room for people of different ways of thinking, with regard to the reaching of the i...

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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...
3.20.212
If you do not want that the children should be converted, you have to make some other kind of law with regard to guardianship in order to prevent the parents from exercising their rights to influence and shape the religious life of their children. Sir, I would like to ask whether it would be possible for this House to accept that a child of five...

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7.77.142
: I do not resile from my view at all. All I am saying is that the remedy provided is very inadequate and not effective, and therefore, I am not in a position to accept it.
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...

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9.123.157
This article is exactly the same as the original article as it stood in the Draft Constitution. The only amendment is that the provision for the reservation of seats for the Muslims and the Christians has been omitted from clause (1) of article 294. That is in accordance with the decision taken by this Assembly on that matter. (Amendments Nos....
9.123.125
With regard to the point raised by my Friend Mr. Pillai that the population according to which seats are to be reserved should be estimated by a fresh census, that matter has been agitated in this House on very many occasions. I then said that it was quite impossible for the Government to commit itself to taking a fresh census but the Governmen...

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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.
9.122.4
    : Sir, I move:      "That for article 286, the following article be substituted:--Function of Public Service Commission.286. (1) It shall be the duty of the Union and the State Public Service Commissions to Conduct examinations for appointments to the services of the Union and the services of the State respectively.     (2) It shall also be...

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7.57.95
Not moving.
7.57.7
Then, it has been agreed between myself and Mr. Tyagi that he will move an amendment to Article 38, and I propose to accept his amendment. So, this matter may be postponed until we come to the consideration of Article 38.

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7.69.198
But while omitting this word "minority" I think my Friend, Mr. Lari forgot to see that we have very greatly improved upon the protection such as was given in the original article as it stood in the Fundamental Rights. The original article as it stood in the Fundamental Rights only cast a sort of duty upon the State that the State shall protect ...
7.69.2
Sir, I move--     "That in clause (1) of article 23, for the words "script and culture" the words "script or culture" be substituted."

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7.55.136
With regard to his second amendment that we should not repeat the word "article" after the word "or" and that we should merely say, "article 2 or 3", my submission is again the same. There again we have followed well-known Constitutions and if my friend will examine them, he will find that similar phraseology occurs elsewhere also. For his info...
7.55.139
I cannot accept it. Sir.

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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.
7.53.158
With regard to the other amendment that India should be known as the Union of India, I also say that this is unnecessary, because we have all along meant that this country should be known as India without giving any indication as to what are the relations of the component parts of the Indian Union in the very title of the name of the country. In...

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11.156.403
     : Sir, if my friend Mr. Sidhva were to refer to clause (12) of article 366 in the draft as revised by the Drafting Committee, he will notice that there is really nothing new in sub-clause (3) of article 367 which is the subject, matter of amendment No. 562-A. Article 366 is a definition article and clause (12) there attempts to define what ...
11.156.35
    But, Sir, I propose to say something more which will show that the Drafting Committee has really not travelled beyond the provisions as they were passed at the last session of the Constituent Assembly. I would ask my honourable Friend Pandit Kunzru to refer to article 280-A, clause (5), and article 306-B. Article 280-A, clause(5), and the pr...

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7.71.93
     : Mr. Vice-President, Sir, before I take up the points raised by Prof. K. T. Shah in moving his amendment, I would like to dispose of what I might say, a minor criticism which was made by Mr. Kamath. Mr. Kamath took the Drafting Committee to task for having without any warrant altered the language of the report made by the committee dealing...
7.71.45
  Mr. Vice-President, Sir, this matter, as honourable Members will recall, was debated at great length when we discussed one of the articles in the Directive Principles which we have passed. It was at my instance that it was sought to incorporate in the Directive Principles an item relating to the separation of the executive and the judiciary. O...

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7.81.55
    Sir, I move:     "That for amendment No. 2231 of the List of Amendments, the following be substituted :--'That in sub-clause (a) of clause (1) of article 148, after the words 'in the States of' the words 'Madras, Bombay, West Bengal, the United Provinces, Bihar and East Punjab' be inserted'."
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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7.79.189
    I was only saying that it may be taken away, not by force, but by consent. That is my proposition, and therefore, I submit that this proportional representation is really taking away by the back-door what has already been granted to the minorities by this agreement, because proportional representation will not give to the minorities what the...
7.79.187
     There is a third consideration which I think, it is necessary to bear in mind. In this country, for a long number of years, the people have been divided into majorities and minorities. I am not going into the question whether this division of the people into majorities and minorities was natural, or whether it was an artificial thing, or s...

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7.79.185
   Mr. Vice-President, Sir, I accept the amendments Nos. 1417, 1426, 1431 of Prof. Shah, 1434 as amended by the mover of that amendment and as amended by the amendment No. 42 of List II and No. 43 of List II. Of the other amendments, on a careful examination, I find that there is only one amendment on which I need offer any reply. That is amendm...
7.79.189
    I was only saying that it may be taken away, not by force, but by consent. That is my proposition, and therefore, I submit that this proportional representation is really taking away by the back-door what has already been granted to the minorities by this agreement, because proportional representation will not give to the minorities what the...

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6.47.137
The answer is simple, After all, the power of adaptation will be exhausted by the 31st of March, What is to happen thereafter if the necessity for amending the existing constitution arose? Of course if the power of adaptation comes to an end, on the 1st of April and if our future Constitution also became operative on the 1st of April, the, probl...
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...

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9.144.157
There is a lot of work to be done.
9.144.35
Why all this eloquence over it ?

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7.67.68
This point was disposed of already, when we discussed the Directive Principles, and also when we discussed another amendment the other day.
7.67.31
This is only for the purpose of keeping symmetry in the language that we have used in the other articles.

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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...
1.7.26
Mr. Chairman, the Resolution in the light of the discussion that has gone on since yesterday obviously divides itself into two parts, one part which is controversial and another part which is non-controversial. The part which is non-controversial is the part which comprises paragraphs (5) to (7) of this Resolution. These paragraphs set out the ...

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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".
9.124.92
     I would like to say one or two words on the remarks of Members of the Scheduled Castes who have spoken in somewhat passionate and vehement terms on the limitation imposed by this article. I have to say that they have really no cause for complaint, because the decision to limit the thing to ten years was really a decision which has been arr...

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9.140.4
  : Sir, I introduce the Bill.DRAFT CONSTITUTION - (Contd.)NEW PART XIV-A (LANGUAGE)-(Contd.)(Several Honourable Members rose to speak)
9.140.497
 No; no. It is not in today's Order Paper.

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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.

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

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

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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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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)

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

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

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

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

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

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10.152.314
     I have nothing to say.
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