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Speaker

Naziruddin Ahmad

Date of debate

17th November 1949

Selected keyword

drafting committee

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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 ...
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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11.156.90
    I should like, Sir, to refer to one more point before I sit down. The Drafting Committee has referred to a number of articles in this Constitution in justification of the language of article 365. Now, one of the articles so referred to is article 371 which corresponds to the old article 306B. Had that article been omitted, then there might h...
11.156.441
    : We have so far taken only amendments which are amendments to amendments of the Drafting Committee. This is not an amendment to any amendment moved by the Drafting Committee and so ordinarily under that rule I would have to rule it out, but I am making a point in favour of the amendment of Mr. Thakkar especially if the Drafting Committee af...

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10.152.11
     Mr. President, Sir, I move:     "That for Rule 38-R of the Constituent Assembly Rules, the following rules be substituted:-Revision of the Constitution by the Drafting Committee and the consideration of the amendments recommended by them.'38-R. (1) When a motion that the Constitution be taken into consideration has been carried and the ame...
10.152.180
    I shall now put the motion moved by Shrimati Durgabai, as amended, to vote. The question is:     "That for Rule 38-R of the Constituent Assembly Rules, the following rules be substituted:-Revision of the Constitution by the Drafting Committee and the consideration of the amendments recommended by them.'38-R. (1) When a motion that the Consti...

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7.52.191
 Mr. Vice-President, Sir, I rise with some diffidence to sum up this debate and general discussions of the Draft Constitution for I was a member of the Drafting Committee. I do not mean to cover all the grounds that have been advanced during the last four days on the floor of the House but I will speak generally on the trend of the criticism and...
7.52.154
 Mr. Vice-President, Sir, the Draft Constitution has been under fire for the last several days in the House. I would not deal generally with the Draft Constitution but would confine my observations to one particular aspect of the Draft Constitution, and that is what is incorporated in Part VII of the Draft Constitution. It deals with what are kn...

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5.45.45
Mr. President, Sir, I oppose the Resolution that has been moved because I feel that it is not right for us, at this stage, to appoint any Committee, whether of experts or otherwise, which can pry into things which we have not yet decided. I can fully understand that decisions that have been made may be put into the melting pot by them and turne...
5.45.42
The second question is about the select committee for drafting the Bill. I entirely agree with my friend Dr. Pattabhi Sitaramayya that the topics left over should also be debated upon, discussed and scrutinised by this House and when we have done that, then that will be the time to appoint this drafting committee. I do not see any reason why ce...

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11.157.256
: Mr. President, Sir, honourable Members of this House will please note that some of the amendments suggested by the Drafting Committee which appear in Lists IV, V, VI and VII, are the result of the discussions with some of the Members who moved amendments which find a place in List I and as a result of the compromise which has been arrived at...
11.157.216
 I begin with article 22. Listening to the debate, I found that this article 22 and its provisions as amended by the Drafting Committee's amendments, have not been completely understood, and I should therefore like to state in some precise manner exactly what the article as amended by the Drafting Committee's amendments proposes to do. The provi...

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10.147.277
    Then, Sir, the next objection is to the cumbrous verbiage that appears in this clause : "body functioning as the Constituent Assembly of the Dominion of India immediately before the commencement of this Constitution". I do not know why this has been introduced, changing the draft as it stood originally. If my honourable Colleagues turn to ar...
10.147.167
    Another proposal has been placed before honourable Members and that is an Expert Committee. That would be certainly useful and helpful. But I would suggest that we are giving a big order and placing very responsible power and authority with the Executive. Therefore, I think it will be fair to the Legislature also if some of the eminent juris...

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10.149.11
 Then, the President's salary carries with it certain allowances. With regard to these allowances I might mention that when the Government of India Act, 1935, was passed the Act merely fixed the salary of the Governor-General. With regard to the allowances the Act says that His Majesty in Council shall fix the same by Order but unfortunately the...
10.149.6
  In fixing these salaries we have been as fair as we could be. For instance, it would have been perfectly open for the Drafting Committee to say, following the rule that those who have been appointed before the 31st October 1948, if .their salary is in excess of what is the normal salary fixed by the Constitution, we could have also made a prov...

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10.154.222
 : Mr. President, I just want to say a word or two in regard to the first objection of my honourable Friend Mr. Santhanam. I might point out that in the Draft Constitution, article 315, there is no reference to the retention of any revision of the Dominion Act after our Constitution comes into force. I would read the language of the said origin...
10.154.119
 : Sir, I seek your protection from the tyranny of the Drafting Committee. The Fundamental Rights were passed by us with great solemnity – I am not a lawyer, but being a common man I understand the Fundamental Rights given to us after great consideration in so many Committees and after serious consideration by this House. What has happened for ...

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11.158.144
    I suppose I must come to a close. I owe some apology to this House for criticising the Drafting Committee in this manner, but thanks are also due to the Drafting Committee for the troubles they have been put to. It must be acknowledged in all fairness that the Drafting Committee did their best; they worked very hard but worked without any de...
11.158.120
  May be. This kind of reading has never been known in any constitutional or legislative history in any part of the world; and somehow or other, I was an unconscious instrument in creating this mischievous state of affairs. I had suggested at a very early stage the idea of the Drafting Committee revising the work of the second reading. I had a s...

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7.51.73
One very pertinent question has been raised by an eminent member of this House, Sir, when he said that the Draft Constitution of India has borrowed many things from the Constitutions of other countries of the world, but it has taken nothing from the indigenous soil, from our cultural heritage, evidently meaning the Village Panchayat System. We, ...
7.51.136
In perusing the printed amendments to Article 131 it appears that the Drafting Committee wants that the Governor should be appointed by the President. Powers are therefore proposed to be centralised. I hope the Drafting Committee will revise their view and find it undesirable to move it. I think this country has long given up the idea of nominat...

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9.119.162
     I fail to understand why they have discarded the suggestion unanimously put forward. I may also draw your attention to the amendment proposed by the Honourable Pandit Govind Ballabh Pant. He is one of the Ministers who takes great interest in the welfare of local bodies. He has stated that in clause (1) of article 250, sub-clause (c) be del...
9.119.4
Mr. Vice-President, Sir, as I have been observing for some time that the Drafting Committee has been springing surprise after surprise on the Members. I do not blame the eminent members of the Drafting Committee for this attitude. I know that their hands are tied. I speak with deep respect for the Drafting Committee and when I offer any comments...

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9.134.333
      We have received the amendments, there is no doubt about it. We have got amendments for the next week dealing with language and compensation. We have already received it, but Sir, as far as the programme of this House is concerned, you are aware that for the last ten days the Drafting Committee has been telling us that they are not ready a...
9.134.331
     : They are coming to us in a scrappy form. In fact, the amendments come in irregular order. The method of the juggler is followed in this respect. In fact, there is no opportunity for Members to see them in their proper light. That is one difficulty. Afternoon sittings would interfere with proper consideration of the amendments. I do not m...

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11.165.304
     I am glad to find that with the exception of a solitary member, there is a general consensus of appreciation from the members of the Constituent Assembly of the work done by the Drafting Committee. I am sure the Drafting Committee feels happy to find this spontaneous recognition of its labours expressed in such generous terms. As to the co...
11.165.303
     Mr. Naziruddin Ahmed has coined a new name for the Drafting Committee evidently to show his contempt for it. He calls it a Drafting committee. Mr. Naziruddin must no doubt be pleased with his hit. But he evidently does not know that there is a difference between drift without mastery and drift with mastery. If the Drafting Committee was dr...

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7.49.122
It behoves me to place my protest here that a Bill of this importance has not been thoroughly scrutinised by a sort of Select Committee taking into consideration the various representations made from all over India and also views expressed by the members of different Provincial legislatures. If such an occasion had been given, it would have been...
7.49.119
Mr. Vice-President, Sir, I rise to thank the Honourable Dr. Ambedkar for the brilliant analysis of the Constitution that he presented to the Constituent Assembly. Sir, I equally thank his colleagues who laboured hard for six long months to forge the Constitution that is presented to this House. While paying respect that is due to them, I will be...

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9.143.253
     What I would very much request Dr. Ambedkar and the Drafting Committee to consider is to find out a formula by which some day we may be able to say that this Constitution which is in Hindi has the sanctity of the Constitution passed by the House itself and not merely that of a translation. There is section 304 but then I find that that sec...
9.143.581
     Another honourable Member stated that Members of this Assembly have not been afforded enough opportunity to express their views. It is a most incorrect statement, If anybody is liberal today in allowing the Members to make their speeches, it is our President. He has given enough latitude to Members to express their points of view. Even germ...

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9.141.73
 I am submitting this to prove that as a matter of fact, this Drafting Committee which we have appointed, which should have carried out the will of this House, has failed to do so. It has succumbed to extraneous influences from other authorities. I think that so far as this House is concerned, the Drafting Committee should have carried out the b...
9.141.194
Then we come to the Second stage of the consideration of this matter by the Advisory Committee of the Constituent Assembly. As you know, the Advisory Committee on Fundamental Rights and Minorities was one of the earliest Committees appointed by the Constituent Assembly and Sardar Vallabhbhai Patel was its Chairman. The Committee consisted of a l...

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9.142.339
: I have got an amendment to this. If it has been considered by the Drafting Committee and found to be unnecessary, I do not want to move it. The point that I want to bring to the notice of the Drafting Committee is that there are areas like Baroda which have been merged with other provinces. Now, in the case of Baroda, what will be the interpr...
9.142.125
Therefore, having regard to the administrative difficulties in this matter, the Drafting Committee felt that the exigencies of the situation would be met by putting a time limit of three months. There is no other intention on the part of the Drafting Committee in prescribing this particular time limit and I hope having regard to the facts to wh...

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9.127.355
     I shall now deal with the arguments of my Friend Mr. Naziruddin Ahmad. First of all, he said that we were trying to smuggle in the High Court in this entry 52, because it did not find a place in the entry as it stood before. The House will remember that the Drafting Committee has been from time to time revising not only the entries but als...
9.127.88
     Sir, with regard to the first part of my amendment, I want to change the word "Piracies" from the plural to the singular. I shall not press this matter to the vote, but I would ask the Drafting Committee to consider the matter. I would like to draw the attention of the House to certain other items which precede this item, and to say that t...

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9.114.7
    Sir, I join my feeble voice to the "tales of woe", however disliked it may be by the richer provinces and by that great humanitarian, Dr. Ambedkar. Sir, if I am feeble, it is because my province has remained undeveloped throughout one hundred and fifty years of British rule. The colonial pattern of government that the Englishman introduced w...
9.114.123
     I, therefore, contend that this provision of the Drafting Committee will not meet the requirements of the local bodies. In the Calcutta Corporation they are levying a licence fee of Rs. 500 for certain professions which they are allowed to do under the Government of India Act, 1935. Under this provision they will be deprived of that income....

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11.161.47
I cannot stand here today without showing my dual personality, that is being a Member of this August Assembly as well as being a Member of the Drafting Committee. To all those friends who have been kind enough to appreciate the hard and dreary labour that members of the Drafting Committee had to undertake throughout the last two years both on be...
11.161.49
Sir, it is an acknowledged principle of psychology that man is a creature of environments. The Draft Constitution which the members of the Drafting committee were privileged to place before this House could not evade this universal principle. They had to take the environment and the circumstances prevailing in the country into consideration and ...

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9.130.115
 I do not wish to read further from the recommendations because the Government of India through the Minister of Food and Agriculture on the 24th March accepted these recommendations of the Committee. Now the Government is committed to the prevention of useful cattle and they have brought in a Bill also, in the Legislative Assembly to ban the sla...
9.130.240
: I would willingly admit to the honourable member that every change that we make in the fifty-ninth minute and in the fifty-ninth second is a change that is based on a certain amount of consultation and some investigation. It is not an ad hoc change introduced by the Drafting Committee, because the Drafting Committee does not take the initiati...

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9.107.113
     The original article was modeled in part on article 60 of the first Draft of the Drafting Committee. Now, the House will remember that that article 60 of the original Draft related to the composition of the Upper Chamber at the Centre. For reasons, into which I need not, go at the present stage, the House did not accept the principle embod...
9.107.173
      : I confess to a sense of disappointment at the Drafting Committee not being able to find a solution for this question. (Some honorable Members : Hear, hear). It is an important matter in the Constitution that the composition of the Chambers of the legislature should be laid down definitely and I should have thought that it would be possib...

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9.128.234
    With regard to (b), it is a matter of controversy and the Drafting Committee has not yet come to any conclusion on the question. The Drafting Committee feels that (a) is a perfectly logical consequence of the power which we have already given to Parliament to declare certain industries of national importance. If Parliament has the power to d...
9.128.199
     This amendment includes or embraces the amendment just now moved by my honourable Friend, Kaka Bhagwant Roy. The original entry as it-stood in the Draft Constitution referred to the development of industries. I wonder why the Drafting Committee has suddenly developed an antipathy to the word "development" in this entry. My amendment is on t...

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9.132.17
 : As the amendments moved by Mr. Naziruddin Ahmad are of a drafting nature and as he proposes to leave them to the Drafting Committee, I do not suppose it is necessary to put them to vote. The Drafting Committee will take them into consideration. We now pass to para 3.(Amendments Nos. 158, 159 and 160 were not moved.)Paragraph I
9.132.304
The second point he has forgotten is this. He has forgotten to take note: of the fact that even in constituting the autonomous areas, the Drafting Committee has not forgotten that there are what are called certain "frontier areas", bordering on the autonomous districts. It has been provided in this Schedule that so far as the administration of ...

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9.113.85
     I will come to that. The only thing which the Drafting Committee did not accept was the allocation suggested by the Expert Committee on Finance, to be given to the different provinces which would be losing their share in the export duty on jute. It was felt by the Drafting Committee that probably the figures suggested by the Expert Committe...
9.113.88
   I am sorry. I stand corrected. It is 251.  It seems to me that so far as prescription of allocation is concerned, the Drafting Committee has suggested two different definitions of the word "Prescribed." One definition of "prescribed" means prescribed by the President when there is no report before him of the Finance Commission and the second ...

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9.129.162
     : In the view, at any rate, of some of the members of the Drafting Committee, there is no substance in this point of order. They are quite clear and they are able to convince you. If even then you feel any doubt, by all means refer it to the Drafting Committee. We will be prepared to reconsider the whole situation. I do think that what exac...
9.129.449
     Sir, I do submit that it is really embarrassing to move an amendment to the list which has been submitted by the Drafting Committee, for the Drafting Committee,  is always very resourceful and it is very difficult to struggle with them successfully. 

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9.111.144
: Sir, in view of the fact that the House has already passed article 279 as desired by the Drafting Committee, I think, the passing of 280 is rather too serious. The House has already permitted the future governments to override important fundamental rights in the case of an emergency. Now, to go further and to allow the State to go beyond the ...
9.111.27
Dr. Ambedkar thinks that the Drafting Committee is being charged with not being firm in its ideas. We have great respect for Dr. Ambedkar. We all praise the wisdom of the Drafting Committee. These articles have been drafted by the Drafting Committee. We have had no band in preparing these articles. We beg to request him to retain articles 188 a...

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7.48.248
Some critics have taken objection to the description of India in Article 1 of the Draft Constitution as a Union of States. It is said that the correct phraseology should be a Federation of States. It is true that South Africa which is a unitary State is described as a Union. But Canada which is a Federation is also called a Union. Thus the descr...
7.48.192
The Drafting Committee was in effect charged with the duty of preparing a Constitution in accordance with the decisions of the Constituent Assembly on the reports made by the various Committees appointed by it such as the Union Powers Committee, the Union Constitution Committee, the Provincial Constitution Committee and the Advisory Committee on...

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9.133.35
     Then coming to the amendments which have been moved by Mr. Chaliha, excepting for what he was objecting to that a particular place Dimapur, has been included in the Naga Hills, the rest have all been accepted by the Drafting Committee. It is true that the, area was included in the Naga Hills only for administrative convenience. The Drafting...
9.133.265
      : I am glad that for once some kind of sense has dawned upon the Drafting Committee. It is fortunate that for the first time sense has dawned on the Drafting Committee.

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7.50.91
Sir, I wish to join in the chorus of praise which has been showered in this House on the Drafting Committee, but I cannot do so without reservation. When I bear in mind the complaints made by some friends here, I do feel that the Drafting Committee has not done what we expected it to do. Some of the members were absent, some did not join, some d...
7.50.160
Mr. Vice-President, Sir, Honourable Members who have spoken before me have covered enough ground and I think I should not take much time of the House in going over the same ground. I would like to make a few points which from my point of view are very important when we are on the eye of giving a new Constitution to our country. One thing which I...

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9.108.208
I do not know why the Drafting Committee now seeks to remove even this provision which they themselves had drafted at an earlier stage. The only one merit that one can claim and is being claimed for Dr. Ambedkar's Amendment is that it is a comprehensive Amendment that it is equally applicable both to Panth-Piploda and to Delhi. My contention, Si...
9.108.35
There are two points in Article 172 as included in the Draft Constitution that are open to objection. One was that the mere refusal of a Legislative Council to consider a measure passed by the Lower House should make the Governor think of convening a joint session of both Houses in order to decide whether the measure in question has the approval...

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11.163.53
  : Mr. President, Sir, there have been various criticisms of this Constitution and one of the criticisms levelled against the Drafting Committee is that they have done nothing more than adopt the Government of India Act of 1935. If this criticism can be levelled against the Drafting Committee, I should say it is most uncharitable. On the other...
11.163.101
  This brings me to the defects of drafting. I certainly think that drafting could have been improved, although as far as verbal improvements are concerned I do not wish to blame the Drafting Committee. We were always running a race against time, setting before us one deadline date after another. The hustled Drafting Committee had no item to loo...

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9.115.175
 : Mr. President, Sir, except one other article in the Draft Constitution, I do not think that any other article has given the Drafting Committee such a headache as this particular article. I do not know how many drafts were prepared and how many were destroyed as being inadequate to cover all the cases which it was thought necessary and desirab...
9.115.74
 : I am suggesting that verbal amendments like the substitution of "Consolidated Fund of India" for "the revenues of India" should be left to the Drafting Committee. Whenever such phrases occur, the Drafting Committee will put them a right.

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8.97.359
Sir, in a similar article dealing with disqualifications of members (article 83) the word `and' has been substituted by the word `or'. I think, Sir, the Drafting Committee will follow its own precedent and make a similar change here. That is why I said that it is a drafting amendment. Whether the word `and' is deleted, or in its place `or' is s...
8.97.378
: Sir, I hope you will not mind my saying a few words on this article-we have already passed a number of them today. I would like to ask Dr.Ambedkar to make it expressly clear as to what the expression `allegiance or adherence to a foreign State' occurring in his amendment signifies. Sir, `adherence' is a very wide term. Its meaning is not very...

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10.148.80
Now, with regard to the various amendments, it seems to me that there are only three that call for some consideration. The first is the amendment of my Friend Mr. Kamath who said that in clause (4) of this article, there is a certain account of discrepancy between the provisions relating to the carry-over of the Deputy Speaker of the Centre and...
10.148.195
 : Sir, I am confused. I do not wish that the Schedule IV should be withdrawn bodily so soon. Let us pass all the Schedules dealing with the powers of the Governor-General and the governor, and if the Drafting Committee think it necessary to drop any of them, they can do so at a later stage. But now, at the fag end of the day, a sudden surprise...

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10.150.327
May I mention that the Drafting Committee is engaged in going through the lacunae in the articles already passed and the consequential amendments that may have to be made, and it is likely that we might have to table some amendments tomorrow. My honourable Friend is so fully posted with all the details regarding the articles of the Constitution ...
10.150.346
I was thinking of the time table also. I do not think it would be possible to get the Constitution, as it is now passed at the Second Reading, ready for the press before the 31st of this month. The whole thing has to be very carefully considered. Every article--every word--has to be scrutinised. It takes time. And so the Drafting committee will ...

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6.47.322
Sir, I move rule 38-S.     38-S. (1)  Where a motion that a Bill be; taken into consideration has been carried and no amendment to the Bill is made, the member who has introduced the Bill may at once move that the Bill be passed.     (2)  If any amendment of the Bill is made, any member may object to any motion being made on the same day that t...
6.47.312
Sir, I beg to move Rule 38-R.     38-R.  (1)  When a motion that the Constitution be taken into consideration has been carried and all amendments to the Constitution moved have been considered, any member may move that the Constitution be passed;     Provided' that the President may, before allowing the motion to be made, refer the Constitution...

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9.120.22
    Sir, if I compare the attitude of mind of the authors of the Drafting Committee and that of the predecessor government here,-the former British rulers, I find that the latter did not take away the resources of the provinces during the last great war. They went on, it is true, taxing, they went on extending their taxable capacity by putting e...
9.120.178
    I can understand the argument of my friends as far as these rights are concerned, and I can appreciate that argument, that the Drafting Committee should not have suggested that the whole of Part III should remain suspended during an emergency. Certainly there are many rights, as for instances the right about freedom of speech, of free associ...

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11.162.57
     : Mr. President, no one who considers the Constitution as a whole can but approach it with a full sense of responsibility. It may not be what everyone of us would have desired it to be but I think that the wholesale condemnation of what is contained in it, which has been indulged in by some people here and outside is out of place. In this ...
11.162.200
     Lastly, Sir, we have given power to the villagers by the introduction of the adult franchise system. I hope the voters in future will not misuse their voting power. I also believe Sir, the people of India will not forget Gandhism which is not only for India but for the whole world. I would pay my tribute especially to the HonourableMr. Gopa...

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7.61.54
Sir, in case there are mistakes of the nature I have suggested, should we allow them to go on uncorrected, and to remain in the Constitution as so many faults and blemishes? Or should we ask the Drafting Committee to revise them and correct them where necessary? What should be the procedure, and what are the characteristics of the amendments wh...
7.61.55
Having stated so far, I will state why I have given notice of this amendment. I will just take the stages that we have been following in connection with our work, namely: first, we have passed the Objectives Resolution and thereafter motions for appointment of committees came before this House. They were discussed on each occasion. The committe...

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11.159.145
I would like, Sir, on this occasion to thank the other friends also who have helped us in drafting this Constitution. I would like particularly to mention Dr. H. C. Mukerjee who had presided over the proceedings of this House with great ability and tact at the time when you were lying sick and I offer my thanks to him. I do not know, Sir, the te...
11.159.12
 :Mr. President, Sir, at the outset it is necessary to appreciate the work of the Drafting Committee and more so of Dr. Ambedkar in producing a wonderful Constitution in spite of the difficulties with which they were faced. We must also appreciate the members of the Drafting Committee and especially Mr. Munshi who, though he was busy in many mat...

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8.95.110
Sir, the first alternative that has been put by the Drafting Committee is an alternative which is exactly in terms of the decision made by this House some time ago in accordance with the recommendations of a Committee appointed to decided upon the principles governing the Provincial Constitution. The Drafting Committee had no choice in the matte...
8.95.112
Other arguments is, if we are going to have a Governor, who is purely ornamental, is it necessary to have such a functionary elected at so much cost and so much trouble? It was because of this feeling that the Drafting Committee felt that they should suggest a second alternative. Now so far as the course of debate has gone on in this House, the ...

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9.136.175
 : Sir, when this matter came up last time before the House there was a lot of debate as to what was exactly intended, what the House could do and what I was prepared to accept. You were kind enough to say that the matter might be recommitted to the Drafting Committee. The Drafting Committee after consideration of the same has brought forth new ...
9.136.234
A third consideration which prevailed with the Drafting Committee as well as with myself was that in view of the fact that newspapers were connected with fundamental rights, namely the freedom of expression and thought, it was desirable that any imposition that was levied upon them should be uniform and not vary from province to province. Such u...

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7.65.140
Mr. Vice-President, I have had an opportunity once before of representing my views on the recommendations of the Drafting Committee. I was not at that time in a position to congratulate my Friend, Dr. Ambedkar and the Drafting Committee, on certain of there commendations, which related to the Chief Commissioners' Provinces. But today. I feel tha...
7.65.126
Sir, I do not say that this article is perfectly worded; nor can I maintain that the exceptions to parts of this article provided by clauses (2), (3), (4), (5) and (6) do not curtail the liberty and the right conceded to individual citizens in clause (1). But, as a student of politics, I have to realise that there can be no absolute right and ev...

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10.153.299
Today we know very well how our staff is not only heavily paid but how they are excessive in numbers. But that apart, this is a very happy provision, and we should all welcome that the President is vested with this power, because we know that in the Constitution, we have provided for the salary of the Judges and that it may not be reduced in ti...
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...

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8.106.261
: Before I put this motion to the House, I desire to explain the situation and the programme as I envisage it. May own idea is that we should be able to finish the second reading by the 15th of August. Thereafter, we shall have to adjourn for some time to enable the Drafting Committee to prepare the Constitution in its final form for the third...
8.106.51
Now with regard to the question of appointment I must confess that there is a great deal of force in what my Friend Professor Saksena said that there is no use making the tenure of the Election Commissioner a fixed and secure tenure if there is no provision in the Constitution to prevent either a fool or a knave or a person who is likely to be ...

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9.117.194
: If it is only a question of drafting, the Drafting committee has always the power. If it is a substantial matter, it cannot be left the Drafting Committee.
9.117.193
 With regard to that, I have to make one submission. With regard to amendment No. 132 moved by Mr. T. T. Krishnamachari, I would request Mr. Krishnamachari to consider the advisability of withdrawing it here and referring it to the Drafting Committee. It may be dropped here and referred to the Drafting Committee which might consider the advisab...

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11.160.45
    The Constitution is very carefully drawn up. I have been a student of Constitutional law for a very long time, for over 40 years or 45 years. I have understood the principles of the Constitutions of the various countries of this world. The legal expert here and the Chairman of the Drafting Committee were referring us so often to the American...
11.160.135
    Finally, the work of the Drafting Committee is, to my mind, beyond all praise. Especially during the last few months they have been so hurried, so much pressed for time that it is remarkable how they did their work. I should also mention that it was not only on the open floor of the House that the Constitution mention that it was not only on...

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9.116.212
Then, Sir, I am coming to my own amendment which has a bearing on article 5A wherein it states, "notwithstanding anything contained in article 5 of this Constitution, a person who has migrated to the territory of India from the territory now included in Pakistan shall be deemed to be a citizen of India at the date of commencement of this Constit...
9.116.209
Before giving the reasons as to why I move this amendment, I would like to make few observations on the main article. Sir, the Honourable Dr. Ambedkar has rightly stated that it has given them a headache for framing this article. Originally in the Draft Constitution it comprised only one main clause and three sub-clauses. In the new article ther...

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9.112.182
Professor Saksena said that it was not proper for the Drafting Committee to have originally put clause (1) in the article, and now be ready to accept the amendment moved by Mr. Tyagi. I should like to state that clause (1), which the Drafting Committee put, does not have its origin in the deliberations of the Drafting Committee itself. That cla...
9.112.155
As regards sub-clause (2), the draftsmen including Shri T. T. Krishnamachari may take pride, saying that they have included such a provision in the Constitution. But what is the Constitution worth if it does not give the benefit of its provisions to the masses ? Therefore, although I did not move any amendment to this sub-clause, I may say now ...

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10.151.447
: Sir, tramways are never known as railways. I think it is redundant to say tramway within a municipal area. A tramway is a tramway. Who has brought into the brain of the Drafting Committee that tramway is a railway ? It looks so awkward. I therefore feel, Sir, that sub-paragraph (a) is redundant.
10.151.368
 There is a little verbal slip committed by the Drafting Committee in this connection. The word "Parliament" ought to substitute the phrase "the Legislature of the State" otherwise if the amendment is accepted as it is, the clause would read as follows:      "With effect from such date as the Parliament may by law determine." The Parliament' i...

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7.63.205
 Now, Sir, to come to the other question which has been agitating the members of this House, viz., the use of the word "backward" in clause (3) of article 10, I should like to begin by making some general observations so that members might be in a position to understand the exact import, the significance and the necessity for using the word "bac...
7.63.200
 I do not think that I am called upon to say anything with regard to amendments Nos. 334, 336 and 337. Such observations, therefore, as I shall make in the course of my speech will be confined to the question of residence about which there has been so much debate and the use of the word "backward" in clause (3) of article 10, My friend, Mr. T. T...

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9.122.93
   There is one other point viz., that clause (5) requires, - correctly too, - that all regulations made by the President or Governor under clause (3) should be laid before Parliament. In this connection I may remind the House what the Drafting Committee failed to do in another connection; that was with regard to article, 280 in which it was pro...
9.122.67
    In view of the remarks made by me, I hope the Drafting Committee and particularly Dr. Ambedkar will consider my amendment favourably in the interests of the Parliament knowing both sides. I hope the Drafting Committee will accept my amendment.

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8.98.22
     Mr. President, I shall, by your leave, say a few words with respect to clause (3) of this article. I do not propose to repeat what I said on an earlier occasion when we were discussing the corresponding clause relating to the privileges of members of the Central Parliament. But I should like to invite the attention of Dr.Ambedkar and also o...
8.98.23
       Mr. President, Sir, I also desire to offer a few remarks on clause (3) of the present article. It was I who tabled an amendment to article 85, clause (3), and that was amendment No. 1624. There is another amendment which was tabled by me to the present article, namely, No. 2443. Each of these clause deals with the privileges of members by...

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5.46.223
Then, the House has now to adjourn. Under one of the rules, the, President has power to adjourn the House for only three days. This adjournment is going to be of much longer duration and this House has to authorise the President to call it whenever he considers suitable, because we expect that the Drafting Committee will prepare the report and I...
5.46.220
I have to make a certain announcement before we part. Members will recollect that it was suggested that clause 16 be referred to a Subcommittee and that Sub-Committee will report, not to this House, but to the Drafting Committee which will consider that Report; I am suggesting the names of gentlemen who seem to be interested in that particular c...

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8.100.58
    Sir, I wish to offer a few remarks only with respect to fixing the age limit for the retirement of a High Court Judge. In article 193, as it was drafted, it was fixed at sixty but there was a further provision that a Judge may hold office at such higher age not exceeding sixty-five years as may be fixed in this behalf by law of the Legislatu...
8.100.112
    I may be told the practice in England warrants the introduction of the innovation now being made. But, I ask, why go to England or America or Russia when we have got our own experience to work upon? I submit that the change is not warranted by the experience that we have already got. I am not saying that this change is merely unnecessary; it...

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9.110.122
Besides, I would like to have an explanation as to why the Drafting Committee goes out of the way to delete the provision which was considered and accepted by the House previously. In my view it is improper, because the House had decided it. If we appoint a Drafting Committee, we direct them to draft on the basis of the decisions taken by us. I...
9.110.123
: Mr. President, Sir, I think that the amendments moved by Dr. Ambedkar constitute startling and revolutionary changes in the Constitution. I submit a radical departure has been made from our own decisions. We took important decisions in this House as to the principles of the Constitution and we adopted certain definite principles and Resolutio...

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7.67.221
We know it to our cost that even the Commissioner of Police does not look into these matters personally as he is expected to do and signs or issues warrants on the reports of subordinate officials. It is better under such circumstances that there is some checkup on the exercise of such powers if they are arbitrarily used. I therefore fully suppo...
7.67.239
The support which the amendment has received reveals the great faith which the Legislature and Constitution makers have in the Judiciary of the land. The Drafting Committee in suggesting "procedure" for "due process of law" was possibly guilty of being apprehensive of judicial vagaries in the moulding of law. The Drafting Committee has made the ...

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11.164.215
  : *[ Mr. President, I congratulate Dr. Ambedkar and other members of the Drafting Committee for preparing this Draft Constitution with so much labour and industry after our country had achieved its freedom. But many shortcomings still remain in it. The rights granted to the people under article 19 of the Fundamental Rights are a farce, becaus...
11.164.137
  Sir, one of the criticisms against the Constitution is its lengthiness. In having precedents there is advantage as well as disadvantage. It is advantageous because it show one way. It is disadvantageous because it binds us down to a certain extent and our initiative is to that extent restricted. The Government of India Act was no doubt the pre...

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8.102.148
    Sir, I am unable to understand this. In the House here we pass something which is obviously wrong and unconstitutional and then leave it to the Drafting Committee. I do not think we can leave it to the Drafting committee to tamper with the provisions we are making unless there in some lacuna or a mistake. We do not want to be faced with a ne...
8.102.95
     Mr. President, Sir, this amendments to substitute a new article for article 94 has been fully dealt with by Dr.Ambedkar in his speech day before yesterday while outlining the nature and scope of the changes that the Drafting Committee have sought to make in the scheme of financial control. He made it every plain that this suggestion of an A...

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7.64.241
Now, my friend, Pandit Thakur DassBhargava entered into a great tirade against the Drafting Committee, accusing them of having gone out of their way to preserve existing laws. I do not know what he wants the Drafting Committee to do. Does he want us to say straightaway that all existing laws shall stand abrogated on the day on which the Constitu...
7.64.237
From the speeches which have been made on article 13 and article 8 and the words "existing law" which occur in some of the provisos to article 13, it seems to me that there is a good deal of misunderstanding about what is exactly intended to be done with regard to existing law. Now the fundamental article is article 8 which specifically, without...

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8.105.211
Sub-clause (2) says that there shall be a Chief Election Commissioner and such other Election Commissioners as the President may, from time to time appoint. There were two alternatives before the Drafting Committee, namely, either to have a permanent body consisting of four or five members of the Election Commission who would continue in office...
8.105.243
We shall continue the discussion of this article tomorrow. Before we adjourn today, I desire to make one statement with regard to the programme of work. We have already dealt with nearly three-fourth of the Constitution. The are certain articles and certain Parts which have not yet been dealt with, but with regard to which we are not in a posit...

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7.75.198
  Sir, I am speaking, with your permission, of what I know to be the feeling of many of my colleagues here on this very important matter. In these amendments is involved the efficiency of the government and therefore the welfare of the whole country and of the people. These amendments seek to eliminate any friction or any conflict that may aris...
7.75.74
Sir, the Constitution provides for the election of a Vice-President who discharges the functions of the President in the absence of the President for any reason whatever, for instance, if he is absent on account of illness or other causes. He also discharges the functions of the President when the office of the President falls vacant. Therefore...

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10.146.204
    Mr. President, there is an amendment in my name No. 3320 in the printed list of amendments, volume II--but I do not propose to move it. I would, however, like to say this much, that I am afraid that the Drafting Committee has not quite accurately described this transition through which we are passing. The sankrant which has overtaken us is s...
10.146.147
     Regarding Mr. Tyagi's point, I am inclined to be in agreement with him, that there is no need for incorporation of clause (3) in this article. It seems that by force of habit we have incorporated this. May I point out to Dr. Ambedkar and the Drafting Committee that Chapter 3 of Part VI refers to State legislatures? That is the main heading,...

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9.135.273
    I would like to say a word more before closing about the details mentioned in this Chapter. The reason for such detailed provision and a balancing of the interests of both the Centre and the Provinces is not one that has arisen because of a very particular whim or wish of either Dr. Ambedkar or the other Members of the Drafting Committee. It...
9.135.262
     Mr. President, Sir, I have no desire to flatter the Drafting Committee, but I do believe that the amendments that have been placed before the House in respect of trade, commerce and intercourse within the territory of India are about as nearly perfect as human ingenuity could possibly make them.

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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...
7.71.90
     "There shall be a President of India." On the Committee which presented this report to the Assembly last year, not merely Dr. Ambedkar but along with him some of the wise men of the Drafting Committee--the majority of the wise men--were on the Committee. I think only Mr. Madhava Rao and Mr. Khaitan were not on the Union Constitution Commit...

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8.96.45
With regard to the suggestion made by the honourable Dr. Deshmukh about the power being given to the Governor to preside over the meetings of the cabinet I have to oppose it. He enquired whether the Drafting Committee intended to make that provision later on. I do not know the intentions of the Drafting Committee for the future but as far as the...
8.96.240
So, I submit that this is a necessary Provision, otherwise which I have suggested, and other ancillary difficulties will arise. It is similar to other provisions with regard to all lawyers appearing for the State and there is no reason why this should not be accepted in principle in the case of the Advocate-General. If the principle is accepted...

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9.124.90
     Next, with regard to the question raised by Mr. Naziruddin Ahmad, one part of it has been, I think, met by the amendment moved by my Friend Mr. Krishnamachari which I also accept. I am not at all clear in my own mind at the present stage whether the words in the clause mean that the time-limit should begin to operate from the commencement ...
9.124.113
   The difficulty is not only with the Drafting Committee. There are certain matters which require further consideration about which a decision has not been taken by all concerned. Therefore it is no use giving the Drafting Committee more time than it requires.The Assembly then adjourned till Nine of the Clock on Friday, the 26th August,1949.

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9.140.485
  : If you are sending it to the Drafting Committee, I do not press it. I leave it to the good sense of the Drafting Committee.
9.140.229
  As you are aware, in the party meeting this question was thrashed out for several days, but they could not arrive at any conclusion. The question of fixing a time-limit for the retention of English and enforcement of the now change was the focus of the greater part of these discussions. Several fresh resolutions relating to language were also ...

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9.121.182
     My third amendment deals with sub-clause (3) (b) of article 285-A. Firstly, it deals with the deletion of the sub-clause, because in my humble judgement, this will be comprised in the term "misdemeanour". A person who, while holding the office of Chairman or member of a Public Service Commission takes up any other employment can certainly ...
9.121.95
      So far as the Drafting Committee is concerned I have allowed a certain amount of latitude because many of the difficult articles about which there was likely to be difference of opinion or which required consideration were left over for the purpose of reconsideration and if as a result of reconsideration the Drafting Committee proposes new...

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8.90.225
     : When it is referred to the Drafting Committee, it means that it stands over, because when it comes back again, it will come back in the form in which it is approved by the Drafting Committee.
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 ...

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8.87.186
Then amendment No. 1559 by Mr. Naziruddin Ahmad. I support that also. The words used by the Drafting Committee are "subject to any disqualifications". Now, "subject to any disqualification" is quite different from "is disqualified. "Is disqualified" is a definite thing that a member has become disqualified. "Subject to any disqualifications" is...
8.87.234
There is one point which I would like the Drafting Committee to consider in this case. If we refer to clause (2) of this article, there is no mention of Chairman or Vice-Chairman, Speaker or Deputy Speaker of the House of People. They also hold positions of profit. They are also paid officers.

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7.62.178
One more example I will give, Sir, which is of a hygienic, or rather sanitary, character, that seems to be completely overlooked by the draftsman. What about those diseases, and people who suffer from, which are communicable, and so necessarily to be excluded and made untouchables while they suffer? I remember, Sir, the case of a very well-know...
7.62.177
In the first place I would like to point out that the term 'untouchability' is nowhere defined. This Constitution lacks very much in a definition clause; and consequently we are at a great loss in understanding what is meant by a given clause and how it is going to be given effect to. You follow up the general proposition about abolishing untou...

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9.109.283
The other section of this part will be discussed later on because the emergency provisions fall into two parts; one is, when a grave emergency threatens the whole country the President has to take action in order to protect the Constitution; and the second is, another part which ought to be perhaps part (b) of this particular part that relates ...
9.109.280
Sir, I am one of those who believe that it would be well if we could frame a Constitution without providing therein powers to the executive to abridge at any time the liberty of the citizens or do anything which is either unconstitutional or extra constitutional. I heard with attention the speech of my Friend Mr. Kamath, a very eloquent speech ...

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9.126.183
  Sir, if you will kindly see the printed list I have tabled an amendment-No. 3515. I am very much obliged to the Drafting Committee for having accepted my amendment. My Friend Mr. Tyagi is forgetting that the amendment that has, now been proposed covers rents and other things which may -come hereafter. The, main point is that the cantonments we...
9.126.156
If we look at the original draft, we see that the "raising training, maintenance and control of the Naval, Military and Air Forces" are mentioned. And there, no other force has been mentioned. Entry 6 also has only "Naval, Military and Air Force Works." The Drafting Committee has been at this work for a year or more, and if the Drafting Committe...

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8.86.58
Sir, the necessity for this article being inserted in the Constitution is this: The House will remember that the composition of the Upper Chamber was originally set out in paragraph 14 of the report of the Union Constitution Committee. In that paragraph it was stated that the Drafting Committee should adopt as its model the Irish system nominat...
8.86.179
I am therefore suggesting that if at any time, for any reason, the President does not convene-it may never happen, but it is a possibility which is worthwhile guarding against-either House of Parliament, does not convene the House of the People for more than 90 days after its last adjournment, power must be available to the presiding authority ...

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7.81.87
   Mr. Vice-President, Sir, I have listened with the attention that a discussion on a matter like this deserves, to the speakers that spoke before me. Speaking for myself, I am in sympathy with many of those who opposed the idea of the introduction of a second Chamber in the provinces. It is a matter that has been debated all over the world ever...
7.81.88
     Sir, it may be open to question what is a fundamental principle and what is not. For instance, if we had said that a President is not necessary for this Constitution, that would be going against a fundamental decision made by this House on the report of the Union Constitution Committee. Similarly, if we say that a Governor is not necessary...

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8.94.209
I owe it to myself to say a few words about the panel, because the Drafting Committee of which I am a member felt the difficulty of an election process being gone through as per the original decision of the House. Tentatively, another suggestion was put forward by the Drafting Committee. On a fuller consideration I feel convinced that the panel...
8.94.229
: Mr. President, two years ago I was one of the few unfortunate men in this House who tried in vain to persuade it not to resort to the system of electing Governors on the basis of adult franchise. I am glad to find that opinion in this House has changed and that even my honourable Friend Mr. Kher who was emphatically for the election of Gover...

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7.72.158
: Mr. Tyagi, my difficulty is I cannot compel the Chairman of the Drafting Committee to answer your questions. Neither can I compel him to clarify your doubts.
7.72.128
Then among the remaining candidates, there should again be voting and the candidate with the minimum number of votes should be discarded. In this way among the remaining two candidates, the man who gets more should be elected. That is the only way in which one man can be elected with the majority of votes. Proportional representation is not a d...

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7.53.166
In that case, it would be leaving the matter to the Drafting Committee, instead of leaving it to the judgment of the House. The spokesman of the Drafting Committee has already given out his mind. Therefore, if I were to agree to leave it to the Drafting Committee, it would be as good as withdrawing it. Therefore, I have to submit, again, that t...
7.53.78
 Sir, I have regretfully to oppose that amendments moved by friends Mr.Kamath and Mr. Gupta. I have to state that by whatever name the rose is called, it smells sweet. Here, the Drafting Committee has advisedly called India a Union of States. My friends want to call the same by the name of a Union of Pradeshas. I do not want that this occasion s...

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7.78.230
     Not that I do not realise that conditions have changed today, but I do feel that even under the changed conditions, the power that is vested in the President may be misused, I mean the power of nomination. This, Sir, is a matter in which we cannot challenge the action of the President, because it is a matter which is absolutely within his ...
7.78.270
     Then I should like to tell the House that it is proposed that at a later stage I should bring in an amendment which would permit the President to nominate three persons either to the Council of States or to the House of the People who shall be experts with regard to any matter which is being dealt with by any measure introduced by Governme...

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9.123.220
     Then again , in the Vth and VIth Schedules in the Draft Constitution, a Tribal Advisory Committee has been provided to advise the Government of the States in all matters pertaining to the administration of the scheduled tribes and the welfare of the tribal people in all States. Now, three-fourth of the Tribal Advisory Committee will consis...
9.123.219
     Now, Sir, in their report, the Advisory Committee for Tribal and Excluded Areas have suggested some protection for the tribes, and no limitation, as far as I remembers, was fixed as regards the period for which such protection should be provided. It is of course surprising to me how the Drafting Committee in its recent amendment or in its ...

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7.58.183
Sir, I am not moving my amendment No. 985. It merely seeks to use capital letters in the case of the Scheduled Castes. I would respectfully draw the attention of the Chairman of the Drafting Committee to article 303 (1), items (w) and (x) on page 147 of the Draft Constitution. We have there specified two definitions, `Scheduled Castes' and 'Sch...
7.58.155
Now, my friend Mr. Pocker levelled an attack against the Drafting Committee on the ground that they did not know their business. I should like to know whether he has carefully read what happened even in the British regime. You must know that the Muslim law covers the field of contracts, the field of criminal law, the field of divorce law, the f...

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9.144.149
 Mr. President, Sir, I am grateful to you for having given me an opportunity to express my sentiments on an amendment which I consider to be very sacred. Today an amendment regarding the name of the country is before us. I would have been glad if the Drafting Committee had presented this amendment in a different form. If an expression other than...
9.144.146
When the Draft Constitution was prepared, an attempt was made therein too to keep the States aloof, and they have so far been kept separate, but after great endeavour the Drafting Committee has been made to realise that the people of the States or the Constitution of the States cannot be kept separate from this Constitution. By the grace of Sar...

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8.103.31
     In fact, in the Appendix, Shri Alladi has stated that he differed from the majority of the Drafting Committee and he has stated that in his opinion the new scheme of division of powers between Parliament and the Legislatures of the states should be as is given in this amendment. The amendment of which notice was given by the Honourable Mr. ...
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...

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7.56.18
And on page 48 of this booklet which contains there port of the committee of which the HonourableSardar Patelwas the Chairman, they have given the title to these very rights which are now embodied in Part IV - "Fundamental Principles of Governance". I should like to know from Dr. Ambedkarand the gentlemen of the Drafting Committee, why they have...
7.56.194
Sir, I do not wish to press HonourableDr. Ambedkarto accept this amendment but at the same time I entirely agree with my honourable friend,Prof. Saksena that we are pledged to the policy of prohibition. Everybody knows that in spite of the reduction in revenue in various provinces we follow this policy. It is true that up till now complete proh...

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9.125.121
 : This may be left to the Drafting Committee.
9.125.105
 In proposing this amendment, I have not the slightest desire to offend the sentiments of some of the, Members who have spoken against the draft on the ground that God has been placed below the line. Sir, in this matter I must admit that we have really no consistent policy which we have followed. For instance, in article 49, which has been passe...

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8.88.186
As regards the second amendment, without that amendment the proviso seems to be incomplete. Supposing the President sends back a certain Bill for reconsideration and Parliament comes to a certain decision, without this amendment, the whole action becomes incomplete and inconclusive and since this is also the view taken by the Drafting Committee...
8.88.185
Sir, in moving this amendment, I am in the beat of company in so far as the Drafting Committee itself has suggested the same in a subsequent amendment. I beg to submit that when I move this amendment to take away the power-from the President to dissent from any Bills passed by Parliament, I mean nothing more than saying that since our President...

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7.57.170
Mr. Vice-President, Sir, by my Honourable Friend Mr. Santhanam moving this amendment and the Chairman of the Drafting Committee expressing that he is going to accept it shows the real feeling of the Sovereign Body towards their less fortunate brethren living in the villages. My Honourable Friend Mr. Prakasam referred to the statement made by the...
7.57.157
Dr. Rajendra Prasad has expressed his view in favour of making the village republic as the basis of the whole Constitution, which we are completing these days. On the 10th of May, Sir, Dr. Rajendra Prasad happened to express his views in this matter. The Constitutional Adviser, Sir B. N. Rau, when he dealt with this question, sympathised with th...

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9.139.188
You will find that the amendment moved by Shri Gopalaswami Ayyangar is so lengthy that it constitutes a volume in itself. We are going to frame a Constitution and a Constitution should embody only fundamental principles. Article 99, as originally drafted by the Drafting Committee, briefly stated that the language of the Parliament shall be Hind...
9.139.214
It is plain, therefore, that no student can have any difficulty in mastering this language which is entirely scientific in character. I believe that any student can very well pick up--any, even master-its alphabets within a few weeks. I believe that the scholarly and distinguished lawyer members of the Drafting Committee also had an appreciatio...

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7.69.195
With regard to the first question, my Friend, Mr. Lari, as well as my Friend, Maulana Hasrat Mohani, both of them, charged the Drafting Committee for having altered the original proposition contained in the Fundamental Right as was passed by this House. It is quite true that the language of paragraph 18 of the Fundamental Rights Committee has b...
7.69.199
My Friend, Mr. Lari and the Maulana will therefore see that there has been from their point of view a greater improvement than what was found in the original article. Certainly there has been no deterioration in the position at all as a result of the change made by the Drafting Committee.

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7.74.150
     These are the four propositions which have been embodied in this particular article. Now Prof. Shah's proposition is that the Upper House should have nothing to do with the impeachment of the President and that the jurisdiction to impeach the President, to investigate and to come to its own conclusions must be solely vested in the House of ...
7.74.212
     I find the amendment deals with a matter which is concerned with article 1 and I disallow it on the understanding that if any similar change is made in article 1 then the Drafting Committee itself will make the change in the course of the Third Reading. Are you willing to accept that, Mr. Kamath?

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4.31.27
Sir, the original Clause contains certain expressions which to my humble mind raise some amount of difficulty. I have suggested this amendment so that the House will consider the difficulty and the House or the Drafting Committee will consider them. The clause allows the Vice-President to function in certain contingencies. Sub-clause (1) refers...
4.31.148
The word ‘authority’, Sir, is not so very clear. It might mean and Under Secretary of the Federal Government. What therefore I wish the House to accept is a provision that where the executive authority of a Federation has to be exercised in a State, it should be by means of a Federal Law and not merely by an order of a Federal authority. Perhap...

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8.104.105
While I appreciate Shrimati Purnima Banerji's suggestion, the words relating to a "joint sitting" here come only by the way, and if we decide to alter the appropriate articles in a different way, the Drafting Committee might just delete the words occurring here that relate to a joint sitting. If there is no reference to a joint sitting in the a...
8.104.200
Sir, my amendment No. 74 being more in the nature of a drafting amendment, I will simply wish that the Drafting Committee may take it into consideration while giving final touches to the Draft.

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8.101.170
    : Mr. President, Sir, I am glad that the House has taken a cue from Dr. Ambedkar, and taking advantage of his lucid explanation of the changes that the Drafting Committee have made in the financial provisions both at the Centre and in the provinces they have discussed the whole scheme threadbare. Though we have not yet reached the provision...
8.101.152
    : Mr. President, Sir, I join in the plethora of congratulations which have been showered on Dr. Ambedkar. Sir, the House is indebted and we are all indebted to Dr. Ambedkar, my honourable Friend Mr. T. T. Krishnamachari and other members of the Drafting Committee for evolving a new draft to suit the tempo of Parliament during the last two y...

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9.138.144
     Sir, I must congratulate my honourable Friend the Chairman of the Drafting Committee and Shri Alladi Krishnaswami Ayyar and other friends for their expert knowledge of affairs and for' having excelled all others in this matter of sugar-coating the provisions in such a way that they have made the impossible possible today. Look at the draft...
9.138.317
      : Since the Drafting Committee has not been able to put forward any agreed amendment on this question may I suggest even at this late stage a Committee of nine or eleven Members be appointed by the House, to go into the whole question once again and try to bring about some agreed amendment?

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7.54.152
The word that has been used is "includes" that means there might be something more which may come within the purview of the word "State". I think the word "Ruler" may be contemplated there. That is why we are not happy over the use of the word "State" in proviso (b) to the amendment proposed by the Drafting Committee itself.
7.54.149
Mr. Vice-President, Sir, I stand here to voice what I think to be the universal feeling of those of us who happen to come from that part of India which hitherto has been called as the Indian States. When we read this amendment which has been proposed to the Draft Constitution by the Drafting Committee, two points emerge. Firstly, that the neces...

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9.137.429
Sir, before I conclude I would appeal most particularly and most especially to Pandit Jawaharlal Nehru who, above all, believes in economic justice and social justice, to accept this amendment and substitute clause (4) by my amendment. I appeal to the Drafting Committee that if they have, any differences of opinion, then this makes it quite cle...
9.137.368
Therefore there is no reason why the compensation should not be clearly stated to be equitable, fair or just, whatever word is acceptable to the framers of the article. so that there will be no doubt that the compensation intended to be paid will be fair and equitable if property is acquired. It is a question of creating confidence in the minds...

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8.99.204
As a proposition in the abstract what he says may be correct; but there are certain contingencies which might happen and which will not be provided for by this Constitution coming into force without a saving clause of this nature. Because, certain things may be done under the old Constitution and the new Constitution may contain provision that ...
8.99.190
I may also point out that the provisions contained in article 121 are the same as the provisions contained in article 214 of the Government of India Act, 1935 relating to the Federal Court and article 224 relating to the High Courts. Therefore, there is really no departure from the position as it exists today. With regard to the comments made b...

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7.66.169
     Another thing that I want to bring to the notice of the course is that whenever the big zamindar's lands are to be ploughed, immediately he will send word for these poor people, the Harijans, the previous day, and say: "All your services are confiscated for the whole of tomorrow; you will have to work throughout the day and night. No one sh...
7.66.168
     This practice of begar is prevalent in my own part of the country, especially among the Harijans. I am glad that the Drafting Committee has inserted this clause to abolish begar. Sir, whenever cattle die; the owner of the cattle wants these poor Harijans to come and remove the dead cattle, remove the skins, tan them and make chappals and su...

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4.24.142
These are some of the points which require careful consideration. Although I feel that this is not proper time to go into great details. I make these suggestions for the consideration of the Drafting Committee.
4.24.141
That was a good amendment, but I need not say anything further on the subject. This is a point, however which the Drafting Committee may keep before their mind.

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4.27.122
Yes, that is my impression also. This will cover any changes that the Drafting Committee may suggest ultimately.
4.27.120
Sir 'mutatis mutandis' means everything as it is, which means that you cannot vary the provision in the Government of India Act, at the time of drafting our provision. If we accept it as it is, the Drafting Committee will be committed to keeping English as the language of the High Court.

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4.30.183
Mr. President, Sir, I have to make one or two suggestions in regard to the words "Position of emoluments" so that when this memorandum goes back to the Drafting Committee for final draft, they may be taken into consideration.
4.30.178
Then, again, there are business connections. Of course, "position of emolument" may cover many things; but it will not cover other things. Take for instance the holding of shares in a company. It is not possible to present the President from holding shares; but it is essential that as soon as he is elected, he must declare his holdings in any c...

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4.22.55
In the last sentence of paragraph 3 it is suggested that the Advisory Committee should complete its task in August and the recommendations may go straight to the Drafting Committee which will draw up the necessary provisions of the Act and then they will come before this House at a later session in the form of certain provisions of the Bill. Bu...
4.22.56
Paragraph 4 of the Report suggests that the Assembly should complete its work by the end of October of this year. It is highly necessary, Sir, as you were pleased to point out that the work of Constitution making should be completed at the earliest possible moment and that if possible by November we should complete our Constitution-making work....

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7.73.290
So far as I am concerned, I feel that this was a matter which required some consideration. If the House will permit me, I would express my own views on the matter. The way I felt about it is this. The word "God" so far as my reading goes, has a different significance in different religions. Christians and Muslims believe in God not merely as a ...
7.73.289
With regard to the second amendment No. 1146, in view of the fact that I am prepared to accept it in the form amended by Mr. Tyagi, I do not think I am called upon to enter into the merits of the question. But perhaps, it might be as well that I should say a few words as to why the Drafting Committee itself did not introduce in its original dra...

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11.166.50
Before I close, I must express my thanks to all the Members of this august Assembly from whom I have received not only courtesy but, if I may say so, also their respect and affection. Sitting in the Chair and watching the proceedings from day to day. I have realised as nobody else could have, with what zeal and devotion the members of the Drafti...
11.166.24
The method which the Constituent Assembly adopted in connection with the Constitution was first to lay down its ‘terms of reference’ as it were in the form of an Objective Resolution which was moved by Pandit Jawaharlal Nehru in as inspiring speech and which constitutes now the Preamble to our Constitution. It then proceeded to appoint a number ...

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7.77.71
: This, Sir, is an amendment which in principle I have been pressing for from a variety of angles, whether as regards the President or the Minister or the Prime Minister. It was to me a very painful and surprising phenomenon that yesterday, when one of the most satisfactory reasoned replies was given to one of my amendments by the Chairman of t...
7.77.201
 : Sir, may I put a consideration before you in this connection? So far as I remember, the Drafting Committee has suggested an amendment to this clause. This amendment requires that instead of the proportion of elected seats assigned to the States in this article, the number assigned to each State should be substituted. I think therefore, that i...

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3.20.187
Mr. President, Sir, I feel that the whole of this clause 17 should go into the Fundamental Rights Committee and I would be glad if the whole clause could be deleted. I know the reasons for enumerating this under Fundamental Rights, because we are now working under the present setting. But as it is going to be enumerated in the fundamental rights...
3.20.250
I shall illustrate my point. Suppose in a certain unit there are different communities residing, using different scripts, and that unit intends to make a law that there should be one script instead of different scripts now prevailing. I feel that there may be necessity for the unit to promulgate a law that there should be one script for that par...

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7.68.265
:  Yes; it was a sub-committee and it was approved by this House as well, but the Drafting Committee which was charged with the duty of framing the Draft Constitution on the basis of resolutions adopted by this House changed the phraseology and the present sub-clause stands thus now: "Any section of the citizens residing in the territory of In...
7.68.263
This recommendation of the Committee on Fundamental Rights was approved by this August House in April 1947. But curiously enough, the Drafting Committee.....

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5.44.209
 I think we have had enough discussion on the point of order and I may now be permitted to give my ruling. I am inclined to agree with the view that so far as this House is concerned it is only giving instructions at the present moment to the drafting committee to introduce certain clauses on certain items, and it is for the drafting committee n...
5.44.202
 Sir, I think the first point raised by Mr. Munshi is not in order. Usually the procedure is that a report coming from any committee is considered by this House and then the House adopts it in the amended form as its own report, and then it goes to the drafting committee as such. Therefore the contention of Mr. Munshi that there is no need for a...

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7.55.36
With regard to Article 294 which deals with the extension of the provisions of the protection of minorities in Indian States, that undoubtedly may appear for the moment to be a sort of encroachment of their sovereignty but it is nothing of the kind. It is merely one of the proposals which we shall be making to the Indian States that when they s...
7.55.169
You will also agree that it is in the interests of the House that before we come here those who have sent in amendments have an opportunity of discussing them with the members of the Drafting Committee and arriving at some kind of understanding. This is in the larger interests of the House and with the idea of saving the time of the House. Thes...

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5.40.51
The other difficulty which I have felt on this item is a smaller one. It is about the last word in this item, namely "State". This item has been taken from Item 1 of List I in the Government of India Act and the expression has been bodily lifted from that item of the Government of India Act. But in this report we have also used the word "State" ...
5.40.104
Mr. President, Sir, there are two amendments which are under consideration of the House. One is by my Honourable friend Mr. Santhanam, and the other is by Hon. Sir. V. T. Krishnamachari. This item which is under discussion deals with the question of Defence which in my opinion is of paramount importance and the House should very carefully consi...

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7.83.264
     Now, with regard to the question of crime all that I need say is this that the Drafting Committee, in using the word `crime' in that particular article, was merely reproducing the provision contained in the Sixth Schedule of the Government of India Act, and I do not think that the Drafting Committee had anything more in mind than what is s...
7.83.132
     I understand Pandit Nehru will have to be away and the amendments which I have received will be allowed to be move done after another and I understand there is the Chairman of the Drafting Committee who will reply to them. Now I want to ask Shri Rohini Kumar Chaudhari whether in view of the explanation already given by Pandit Nehru, he sti...

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8.89.93
     If we turn to article 275, there it is definitely laid down in sub-clause (c) of clause (2) that a Proclamation "shall cease to operate at the expiration of six months...." But, here, as I have already pointed out, this lacuna has crept in and I would be happy if it is definitely laid down that an ordinance promulgated by the President wou...
8.89.67
     My second amendment, that is the latter half of amendment No. 1793,* is purely verbal. I only move it formally and leave it to the Drafting Committee for its consideration, because it is obvious that the President may promulgate one ordinance or more than one ordinance. The article, as it stands, uses the plural. To provide for the conting...

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3.18.103
Sir, it seems to me that whether the definition suggested by Mr. Rohini Kumar Chaudhury is accepted or not, it is necessary that there should be some definition put in. Here it is said that 'untouchability' in any form is an offence. A magistrate or a judge dealing with offences shall have to look to the definition. One magistrate will consider...
3.18.6
Sir, this is a preliminary report or an interim report, because the Committee when it sat down to consider the question of fixing the fundamental rights and its incorporation in the Constitution, came to the conclusion, firstly, that the fundamental rights should be divided into parts--the first part justiciable and the other part non-justiciab...

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5.42.163
Sir, the amendment is exactly a reproduction of item 22 in List I to the Government of India Act, from which the present item 36 has been taken. It is in substance the same; there is difference in the drafting. The amendment gives complete power to deal with the subject, i.e. to declare a port to be a major port. While the amendment emphasises ...
5.42.89
This is practically an amendment of a drafting nature because it only seeks to make the enumeration complete. There are in clause (a) the Posts and Telegraphs owned and managed by the Government. In clause (b), telephones, wireless and broadcasting are mentioned. The sub-paragraph which I wish to add is to include within this list. "Other like ...

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7.59.205
In this connection, I would like to strike a note of warning. There are several amendments tabled in regard to this question of judiciary which are to be moved by the rump of the Drafting Committee, which are in the nature of an after-thought. For a Professor, it is all very good to envisage a complete separation of the judiciary and the executi...
7.59.202
Mr. Vice-President, Sir, this is an after-thought of Dr. Ambedkar or, shall I say, of the rump of the Drafting Committee. I do not know why they did not think of it at the time they drafted this particular Part of the Draft Constitution. Probably, he felt that in view of the fact that quite a number of new items have crept into this Part which ...

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7.60.71
So that if this amendment be accepted by the House theamendment of the Drafting Committee will read as follows: -"The State shall endeavour to (a) promote internationalpeace and security; (b) maintain just and honourablerelations between nations; and (c) sustain respect forinternational law and treaty obligations in the dealings oforganised peop...
7.60.19
I know, Sir, that this proposition would have beenincluded in the Chapter relating to Directive Principles and would, therefore, not have been binding either on the Government of India or on any State and I wondered whether probably for that reason it was not included among the Directive Principles drafted by the Drafting Committee. But the matt...

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7.70.97
Sir, then, all of us are aware, and the Drafting Committee is quite alive to the fact, that in recent times in England the procedure under ancient writs has been considerably modified and a simple remedy by a petition has been substituted for writs in a recent enactment in England. Perhaps that is the reason why the Drafting Committee has put in...

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SR.210
The existing Civil and Criminal Law is foreign to the Indian soil; it is too complex and cumbersome. It will, therefore, have to be thoroughly revised under the new Constitution. A Special Committee of experts may be appointed for the purpose by the Indian Constituent Assembly.

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8.93.211
This amendment will bring the phraseology of article 115 in line with article 25 which has already been passed by this House in the last session. Article 115, as drafted by the Drafting Committee, reads as follows:-          "Parliament may, by law, confer on the Supreme Court power to issue directions or orders in the nature of the writs of hab...

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7.76.185
With regard to the second amendment, namely, that the Ministers should not be appointed by the President on the advice of the Prime Minister, but should be chosen by proportional representation. I have not been able to understand exactly what is the underlying purpose he has in mind. So far I was able to follow his arguments, he said the method...

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9.118.209
     It has been said, Sir, that the new Constitution we are drafting is likely to prove a paradise for lawyers. Here is another illustration of it. Even in the transitional period to which alone we are assured on such high authority it relates, even during this period, there are going to be provisions which will provide ample occupation and for...

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8.91.16
: Sir, on a point of order I do not know whether the House can proceed with the discussion of this motion. The motion worded as it is does not warrant the moving of any amendments. This motion as it is, is not an amendment to the Draft Constitution at all. The motion is drafted in a manner which cannot be incorporated in the constitution. It re...

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4.25.117
The idea is that the Drafting Committee will prepare the Schedule and it will come before the House. This is only to lay down the principle here.

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4.26.50
Though my Honourable friend Sir Saadulla has moved an amendment to raise the scale of population from one lakh to two lakhs, I am sorry I have, coming from the same province of Assam, to differ from him. It is the universal demand in Assam that the scale of population in relation to the delimitation of the constituencies should be lowered to the...

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4.34.47
I submit, Sir, these are only drafting amendments and are put in by way of suggestions for the Drafting Committee.

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4.35.20
I beg to submit that this only a drafting amendment and I submit it for the consideration of the Drafting Committee.

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DC.
As submitted by the Drafting Committee to the President of the Constituent Assembly

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5.41.3
But so far as the list itself  Is concerned, much drafting is not required and whether the Assembly accepts a few subjects or turns them down it would be easier to incorporate that in the draft when the report is drafted. Therefore I am anxious that the part of the work of this Assembly should be finished which is essential for drafting purpose...
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