Vol. 13 · pages 1011–1015

978 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES The Honourable Dr. B. R. Ambedkar : That they may have done but the report cannot act as an estoppel for further re-examination! I do not think we can carry the matter any further. As I said the Drafting Committee felt that this was such a local matter that they could not act without the authority or advice of the principal participants in this matter. We took their advice and we carried out the work. If they think...* Shri Kuladhar Chaliha: In Dimapur people from all over India reside. Mr. President: There is no use saying anything about Dimapur. He has said nothing about Dimapur. The Honourable Dr. B. R. Ambedkar : I have so far said nothing about it; I am coming to it. Now I come to the exclusion of certain areas from the autonomous districts. In this connection I would like to remind the House of the new article 16-A which has just been passed. I would like you to refer to that. In framing article 16-A, two questions were raised. One question related to some two mouzas of what are called the Garo Hills. Along with that the question of the Dimapur area was also raised by my Friend Mr. Chaliha, and I think I am justified in saying that he was present at the Conference. There were three representatives of Assam who were also present at this Conference. Mr. Bardoloi, Rev. Nichols-Roy and Mr. Chaliha and it was considered whether these mouzas of the Garo Hills and the Dimapur area should be separated from the autonomous district. It was said that the conference that it was not desirable to separate them from the autonomous districts because the life of these mouzas—their economic life—was closely bound up with the life of the people in the autonomous districts. It was therefore said that it would be enough if these areas, that is to say, the three mouzas from the Garo Hills and the Dimapur area were separated purely for giving political representation to the inhabitants of this area in the Legislative Assembly. That was definitely stated by my Friend, Mr. Chaliha, who has now raised the question of the Dimapur area. It was therefore at their request and at the instance of these three representatives of Assam that paragraph 16-A was framed in the terms in which it has been framed. If at that time they agreed that there should be a complete separation, that this should not form part of the autonomous area, we would have had no objection to carrying out their wishes. Therefore, it is no use blaming the Drafting Committee: for doing some- *Dots indicate interruption.

979DRAFT CONSTITUTION thing which it was not advised to do. That is my first submission. Paragraph 16-A embodies the concretes conclusions of the Drafting Committee and of the three representatives of Assam, including Mr. Chaliha, who for the first time raised the matter of the Dimapur area Shri Kuladhar Chalihar : May I submit that I was asked to go there as an Adviser and to see. I never felt that I was a member of the Drafting Committee and you will not find my name there. Mr. President: No one has suggested that you were a member of the Drafting Committee. He has said that you were present. The Honourable Dr. B. R. Ambedkar : That is his opinion. There is a further point to be made, namely, under amendment 99 which gives power to the Governor to alter boundaries, to diminish areas and so on. It would be perfectly possible for the Governor to sever any area, exclude any area from the area now to be included in the autonomous area. If that is not clear, the Drafting Committee would be quite prepared to include an express clause to that effect. But I do like to say that it is very unfortunate, to put it in the very mildest terms possible, that representatives should come to a conference, agree to certain agreement, and then resile from that agreement, bring in amendments and make it a point to comment against the Drafting Committee and say that they have done something which is either contrary to the wishes of the representation...* Shri Kuladhar Chaliha : No. The Honourable Dr. B. R. Ambedkar : I am very sorry. All I can...* Shri Kuladhar Chaliha : No, no. The Honourable Dr. B. R. Ambedkar : I am very sorry. Therefore, so far as paragraph 16-A is concerned, it provides separation for the purpose of political requirements. If complete separation is wanted I submit it is already provided for in the paragraph we have passed. If it does not do that, I am prepared to add a clause to make that thing quite clear that the Governor will have power to exclude any area if he thinks fit. So far as my amendment contained in new paragraph 19 is concerned I believe that all points of controversy have been answered. Now, Sir, I propose to deal with my honourable Friend Mr. Kunzru’s amendment which is for the addition of another paragraph. It will be noticed that his amendment is nothing but a repetition of paragraph 5 of the Fifth Schedule which has already been passed and which deals with tribal areas or scheduled areas in States other than Assam. There is nothing more in his amendment than this. My submission as against his *Dots indicate interruption as shown in the original.

980 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES amendment is this : so far as sub-clause (1) of his new paragraph is concerned, it is quite unnecessary. It is governed by paragraph 12(b) of the Sixth Schedule which gives the Governor the power either to apply or not to apply or if apply, apply with modifications laws made by Parliament or laws made by the Legislature of Assam. Therefore, that provision is absolutely unnecessary, and is already contained in our Draft. With regard to the second sub-clause (2), the position is this. It is quite true that so far as the Fifth Schedule is concerned, we do give the Governor the power to make regulations in respect of that area, but we do not propose to give that power to the Governor in the case of the Sixth Schedule. It is for this reason that in the case of the Fifth Schedule the tribes have no authority to make any regulations for themselves, but in the case of the Sixth Schedule, we have given the district council and the regional council the right to make laws in certain respects. It seems to me, therefore, that where the tribes have not been given the power to make regulations it is necessary to give the power to the Governor to make regulations. But, where the tribal councils themselves have been given power to make regulations it seems to me that conferring powers upon the Governor to make similar regulations is utterly superfluous. That is the reason why we do not propose to give the power to the Governor so far as the Sixth Schedule is concerned. I therefore submit that this amendment is quite unnecessary. There is one other point which I would like to make quite clear. The power to make regulations which it is proposed to give to the District Council under the Sixth Schedule is not a new power at all. As a matter of fact there exists now in Assam certain regulations which give the tribes the same power of making regulations which we are giving by our Schedule. The Schedule therefore is not anything new it is merely continuing the existing position, namely, that the tribes have the power now to make regulations in certain matters. Therefore, for the reasons I have explained his amendment is quite unnecessary. I therefore oppose it. Mr. President : I was going to suggest that there is really not as much difference in the view points expressed here as would appear from the discussion that we have had. As I have followed Dr. Ambedkar’s statement, I believe that if two suggestion are accepted, probably much of the differences will disappear, I was going to suggest therefore that he should include clause (d) of sub-paragraph (2) of paragraph 10 in the proviso. The Honourable Dr. B. R. Ambedkar : If we leave it to the Drafting Committee it will do that.

981DRAFT CONSTITUTION Mr. President : I was going to suggest that we add to clause (d) of sub-paragraph (3) in amendment No. 99, after the words “diminish the area of an autonomous district” the words “or exclude any are from an autonomous district.” This would cover all the points. The Honourable Dr. B. R. Ambedkar : That we are quite prepared to do. Mr. President : I find this difficulty. Most of the Members of the House including myself are not acquainted with the local situation and are therefore not in a position to take any definite line of our own with regard to Assam. We have to be guided by friends from there. Since there is difference in some respects among them, our position becomes very difficult. I would therefore suggest that it would be best to leave the thing to be dealt with by the local Government. The suggestions which I have made will enable the local Government to deal with this matter. I understand that Dr. Ambedkar has no objection to the two suggestions I have made. The Honourable Dr. B. R. Ambedkar : No, Sir. I am prepared to add 10 (2)(d) to the proviso and also add, ‘power to exclude’ in the other case. Mr. President : I think that will satisfy the Friends from Assam. ***** *Mr. President : The proposal is different under paragraph 19. The Honourable Rev. J. J. M. Nichols-Roy : I do not see any reason why you should put under paragraph 19 a matter which is already covered by paragraph 10. Mr. President : The idea is to put in “sub-clause (d) of sub-paragraph (2) of paragraph 10”, not the whole of paragraph 10. The Honourable Rev. J. J. M. Nichols-Roy : What is the use of putting it here in this proviso? It is already there under paragraph 10. The Honourable Dr. B. R. Ambedkar : Sub-clause (d) of subparagraph (2) of paragraph 10 covers only trading, not money-lending. That is what is sought to be included. Mr. President : As regards the question of exclusion, it was in the original draft. The Honourable Dr. B. R. Ambedkar : Mr. Nichols-Roy, it is all right. I do not think you stand to lose anything. The Honourable Rev. J. J. M. Nichols-Roy : I am asking you whether or not you are going to put in the text an amendment to the effect giving power to Governor to exclude any area of an autonomous district. *CAD, Vol. IX, 7th September 1949, pp. 1075-1076.

982 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES The Honourable Dr. B. R. Ambedkar: “Exclude” also we are giving. To “diminish” means really “exclude”. Mr. President: “Diminish” means “exclude”. [Paragraph 19, as amended and the Table, Parts I and II were added to the Sixth Schedule.] (Paragraph 20) *The Honourable Dr. B. R. Ambedkar : Sir, I move: “That after paragraph 19, the following new paragraph be inserted :— ‘20. Amendment of the Schedule.—(1) Parliament may from time to time by law amend by way of addition, variation or repeal any of the provisions of this Schedule and when the Schedule is so amended, any reference to this Schedule in this Constitution shall be construed as a reference to such Schedule as so amended. (2) No such law as is mentioned in sub-paragraph (1) of this paragraph shall be deemed to be an amendment of this Constitution for purpose of article 304 thereof.” ***** †The Honourable Dr. B. R. Ambedkar : I do not accept the amendment (to paragraph 20 of Sibban Lal Saksena). [The motion of Dr. Ambedkar was adopted. Paragraph 20 was added to the Sixth Schedule. Schedule VI, as amended, was added to the Constitution.] ARTICLE 281 ‡Mr. President: Then we go to Article 281. The Honourable Dr. B. R. Ambedkar : I move : “That for article 281 the following be substituted :— ‘281. In this Part, unless the context otherwise requires, the expression ‘State’ means a State for the time being specified in Part I or Part III of the First Schedule.’ ” (Article 281 was added to the Constitution.) ARTICLE 282 TO 282-C The Honourable B. R. Ambedkar : Sir, I move “That with reference to amendment No. 3034 of the List of Amendments (Volume II), for article 282, the following articles be substituted :— 282. Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment and conditions of service of persons appointed to public services, and to posts in connection with the affairs of the Union or of any State. Interpretation ‘Recruitment and conditions of service of persons serving the Union or a State.’ *CAD, Vol. IX, 7th September 1949, p. 1079. †Ibid., pp. 1081-1082. ‡Ibid., p. 1082.