Vol. 13 · pages 1001–1005

968 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES My amendment No. 134 I have moved in order to make it quite clear and not to lead to interpretation of the words “any matter”. I have now specifically mentioned that these may “include matters specified in clauses (b), (c), (d) and (e) of sub-paragraph (3) of paragraph 1 of this Schedule,” and these will be referred to the Commission. That is the purport of my amendment No. 134. Pandit Hirday Nath Kunzru : I understand the purport of the amendment all right and I am well aware of the contents of clauses (b), (c), (d) and (e) of the paragraph but what I say is that the Commission that will be appointed to deal with any matter connected with the administration of the autonomous regions does not seem to me to have the power of reporting that an area already included in a tribal area may be excluded from it and amalgamated with an ordinary administered area. The Honourable Dr. B. R. Ambedkar : My honourable Friend ought to refer to (d) of paragraph (3) of the said table. Pandit Hirday Nath Kunzru : That has been removed by your own amendment. The Honourable Dr. B. R. Ambedkar : That I think will have to be done by Parliament by law. Pandit Hirday Nath Kunzru : Without having the considered recommendations of the Commission. Parliament should have before it the report of the Commission but now it will have to deal with the matter entirely on the strength of such knowledge as it may have. The Honourable Dr. B. R. Ambedkar : This is a matter which is not within the competence of the Governor. As passed, the exclusion of any area from the tribal areas is a matter which is taken out of the purview of the Governor. It is left to Parliament to decide. This Commission is merely to guide the Governor to deal with matters which are mentioned in clauses (b), (c), (d) and (e) of sub-para. (3). Any matter which is outside it is a matter for Parliament. Parliament may appoint a Commission independently of this Commission and then legislate. Prof. Shibban Lal Saksena : There is no provision for it. The Honourable Dr. B. R. Ambedkar : No provision is necessary. Parliament may act upon the advice of the Assam Ministry. If Parliament thinks that that advice is not independent and that there should be independent evidence, Parliament is free to appoint a Commission and make an enquiry of its own.

969DRAFT CONSTITUTION ***** *Shri Rohini Kumar Chaudhuri : ...If the option of the members from the province of Assam counts for anything in regard to the discussion on this Sixth Schedule which relates primarily to Assam, I think the Honourable Dr. Ambedkar would agree to accept any amendment. I think we are fairly unanimous—I do not know about the two Ministers, but the rest of us are unanimous—on the need for accepting this amendment. Prof. Shibban Lal Saksena : The Governor is free to appoint anybody to the Commission. The Honourable Dr. B. R. Ambedkar : There are no limitations at all on the Governor. Shri Rohini Kumar Chaudhuri : I say two members should be elected by the legislature. The Honourable Dr. B. R. Ambedkar : He is not prevented from doing so. Shri Rohini Kumar Chaudhuri : There is no harm in saying that. A man may live or die. Why do you say, die? I want to say live. Please accept my amendment. The Honourable Dr. B. R. Ambedkar : The Governor will proceed to appoint a Commission on the advice of the Ministry. You think your Ministry will not appoint two members from the legislature. Shri Rohini Kumar Chaudhuri : I want them to be elected by legislature. I attach certain importance to election by the Assembly. I think the Honourable Dr. Ambedkar also used to give such importance; but he may change his mind now. Mr. President : There are certain other amendments proposed by Mr. Brajeshwar Prasad : 207,—“President” for “Governor” ; 208,— “President” for “Governor”; 209,—“Parliament” for “State legislature”; 210,— “Union” for “Assam”; 211,—“Union” for “State”; 212,—“President” for “Governor”; 213,—“in the State of Assam” for “in the State”. Shri Brajeshwar Prasad : I do not want to move these. Mr. President : All the amendments to this paragraph have been moved. Would you like to say anything, Dr. Ambedkar? The Honourable Dr. B. R. Ambedkar : No. *CAD, Vol. IX, 6th September 1949, p. 1049.

970 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Mr. President : I would put the amendments now. [Following amendments were accepted.] 1. “That for amendment Nos. 3500, 3501, and 3502 of the List of Amendments (Vol. II), the following be substituted :— “That for paragraph 14 of the Sixth Schedule, the following be substituted :— “The Governor of Assam as the agent of the President may at any time appoint a Commission consisting of not less than seven members, of whom not less than three shall be members of the scheduled tribes and the rest shall be chosen from the ranks of eminent anthropologists, retired judges of the Supreme Court and of the High Courts and men of science and letters, to examine and report on any matter specified by him relating to the administration of the autonomous districts and autonomous regions in the State, or may appoint a similar commission to inquire into and report from time to time on the administration of autonomous districts and autonomous regions in the State generally and in particular on— (a) the provision of educational, cultural, medical economic and religious facilities and communications in such districts and regions; (b) the need for any new or special legislation in respect of such districts and regions; (c) the administration of the laws, regulations and rules made by the District and Regional Councils, and define the procedure to be followed by such Commission.’” 2. “That in sub-paragraph (1) of paragraph 14 after the words ‘autonomous districts’ in the State the words, brackets, letters and figures ‘including matters specified in clauses (b), (c), (d) and (e) of sub-paragraph (3) off paragraph 1 of this schedule’ be inserted.” 3. “That in sub-paragraph (1) of paragraph 14 after the words ‘autonomous districts’, in the two places where they occur, the words ‘and autonomous regions’ be inserted.” 4. “That in clause (a) and (b) of sub-paragraph (1) of paragraph 14, after the word ‘districts ‘in the two places where it occurts, the words ‘and regions’ be inserted.” 5. “That in sub-paragraph (3) of paragraph 14, after the words ‘autonomous districts’ the words ‘and autonomous regions’ be inserted.” The amendment was adopted. [Paragraph 14, as amended, was added to the Schedule.] (Paragraph 15) (Amendment No. 140 was not moved.) *The Honourable Dr. B. R. Ambedkar : Sir, I move : “That sub-paragraph (3) of paragraph 15 be omitted.” That is because it gives discretion to the Governor which it is not proposed now to leave with him. *CAD, Vol. IX, 6th September 1949, p. 1051.

971DRAFT CONSTITUTION Mr. President : Amendment No. 142 : we have dealt with the question of discretion so many times. Is it necessary to move it? Shri Brajeshwar Prasad : As you direct me, Sir. Mr. President : I do not think it is necessary. Amendment 214 : again “President” for “Governor”; Amendment 215: “Parliament” for “legislature of the State”; Amendment 216: that is the same as Dr. Ambedkar’s. These are all the amendments. Dr. Ambedkar, would you like to say anything? The Honourable Dr. B. R. Ambedkar : No. As I have said we are taking away the discretion from the Governor which we had originally laid with him and it is therefore necessary to delete this sub-para (3). (The amendment of Dr. Ambedkar was adopted.) [Paragraph 15, as amended, was added to the Schedule.] Shri Brajeshwar Prasad : Sir, I would suggest that we sit for a few minutes more and finish this schedule. Mr. President : It will take time. We may not be able to finish. I was just going to remind the House that we are very much behind our scheduled time and something will have to be done to catch up the lost time. Shri R. K. Sidhva (C. P. & Berar: General) : Today we have no other words and we may sit in the afternoon. The Honourable Dr. B. R. Ambedkar : Tomorrow if you like we can sit. Today we have called a meeting of the Drafting Committee to take up some articles which have remained for consideration. ***** (Paragraph 16) ***** *Mr. President: There are two other amendments which I rule out, because they are on the same lines as the other amendment of Shri Brajeshwar Prasad. Dr. Ambedkar, do you wish to say anything? The Honourable Dr. B. R. Ambedkar : (Bombay: General): I should like to hear the Premier of Assam, if he has any views on this matter. The Honourable Shri Gopinath Bardoloi (Assam : General): Sir, with reference to the amendment moved by Srijut Chaliha just now for the deletion of the second proviso to paragraph 16, all that I have to say is that in every case where action of this kind is taken—the parties *CAD, Vol. IX, 7th September 1949, p. 1054.

972 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES affected thereby are given an opportunity of being heard I agree that in this proviso no machinery by which this could be done has been laid down. Therefore, if Srijut Chaliha would modify his amendment as follows, namely, that instead of the words “opportunity of being heard by the legislature” the words “an opportunity of placing the views of the Regional Council” may be substituted, then the purpose of his amendment would be served. Shri Kuladhar Chaliha : I am prepared to do that. The Honourable Dr. B. R. Ambedkar : I am prepared to accept the amendment of Mr. Bardoloi to the amendment of Mr. Chaliha, which he has accepted, the proviso will now read like this : “Provided further that no action shall be taken under clause (b) of this paragraph without giving the District or the Regional Council as the case may be an opportunity of placing their views before the legislature of the State.” Mr. President : The question is : “That for the second proviso to paragraph 16 of the Sixth Schedule, the following be substituted : ‘Provided further that no action shall be taken under clause (b) of this paragraph without giving the District or the Regional Council as the case may be an opportunity of placing their views before the legislature of the State.’ ” The amendment was adopted [Paragraph 16, as amended, was added to the Sixth Schedule.] (New Paragraph 16-A) The Honourable Dr. B. R. Ambedkar : Sir, I beg to move : “That after paragraph 16, the following paragraph be inserted:— ‘16A. Exclusion of areas from autonomous districts in forming constituencies in such districts.—For the purpose of elections to the Legislative Assembly of Assam the Governor may by order declare that any area within an autonomous district shall not form part of any constituency to fill a seat or seats in the Assembly reserved for any such districts but shall form part of a constituency to fill a seat or seats in the Assembly not so reserved to be specified in the order’.” The object of this is to give the people who are included in the autonomous districts but really who are not part and parcel of the people inhabiting the autonomous districts an opportunity to have a place in the Legislative Assembly by having their own constituencies marked out for them. (Paragraph 16-A was added to the Sixth Schedule.) ***** (Paragraph 17) *The Honourable Dr. B. R. Ambedkar : Sir, I move : “That after sub-paragraph (2) of paragraph 17 the following sub-paragraph be added :— *CAD, Vol. IX, 7th September 1949, p. 1055.