Vol. 13 · pages 1021–1025

988 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES again is a misapprehension because under the provisions relating to Public Service Commission which we have passed already there is a provision that every civil servant who is aggrieved by any action taken by an officer relating to the conditions of service will have a right of appeal to the Public Service Commission. Therefore, even in cases where the Government has not given the officer an opportunity to show cause, even such an officer will have the right to go to the Public Service Commission and to file an appeal that he has been wrongfully dismissed contrary to the provisions contained in the rules made relating to his service. I, therefore, think that the apprehensions which have been expressed by honourable Members with regard to the provisions contained in this article are entirely misfounded and are due to misunderstanding of the provisions of this Act, the provisions of article 282 and the provision relating to Public Service Commission. [In all 15 amendments were negatived. The original amendment of Dr. Ambedkar— Article 282-B was adopted, and added to the Constitution.] ARTICLE 282-C *Mr. President: There is no other amendment to this article. You wanted to speak, Dr. Deshmukh. Dr. P. S. Deshmukh : Sir, I support the amendment moved by my Friend Shri Brajeshwar Prasad in regard to the omission of the words : “If the Council of States has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest so to do.” I had intended to move a similar amendment, No. 250, but I do not propose to move it now since an identical amendment has been moved. I have been unable to understand this provision. Nowhere has the initiative in any important matter been left to any other House except the House of the People in the Central Parliament. But here for the first time, according to my knowledge and information, we give the initiative to the Council of States. Sir, either the central services are desirable or they are undesirable. If they are desirable, then they should not be cramped with so many impediments, created in the way of their being started. If they are undesirable, then there should not have been any provision whatsoever. I think, more and more there will be the tendency to have all-India services, and therefore in my opinion mere was no point in making their introduction so difficult. Why should the proposal have the support of not less man two-thirds of the members present and voting of the Council of *CAD, Vol. X, 8th September 1949, p. 1118.

989DRAFT CONSTITUTION States? I think these words are absolutely unnecessary, unless they are intended to clothe the useless House of the Council of States with some dignity or some function. I think that appears to be the only anxiety at the root of this brain-wave, of giving the initiation of such an important matter to the Council of States. I see no purpose for these words and therefore move that they be omitted. Mr. President : Dr. Ambedkar, would you like to say anything? The Honourable Dr. B. R. Ambedkar : Just one word. I think neither Mr. Brajeshwar Prasad nor my friend Dr. Deshmukh, the one in moving the amendment and the other in supporting it, seems to have read carefully the provisions of article 282. Article 282 proceeds by laying down the proposition that the Centre will have the authority to recruit for services which are under the Centre and each State shall be free to make recruitment and lay down conditions of service for persons who are to be under the State service. We have, therefore, by article 282 provided complete jurisdiction. 282C to some extent takes away the autonomy given to the States by article 282, and obviously if this autonomy is subsequently to be invaded, there must be some authority conferred upon the Centre to do so, and the only method of providing authority to the Centre to run into, so to say, article 282 is to secure the consent of two thirds of the members of the Upper Chamber. The Upper Chamber is the only body mentioned in article 282. Ex-hypothesi the Upper Chamber represents the States and therefore their resolution would be tantamount to an authority given by the States. That is the reason why these words are introduced in article 282C. [The motion of Dr. Ambedkar was adopted. Amendment by Brijeshwar Prasad was rejected. Article 282-C was added to the Constitution. ] ARTICLE 283 *Mr. President : Then we come to article 283. Dr. Ambedkar. The Honourable Dr. B. R. Ambedkar : Sir, I move: “That for amendment No. 3037 of the List of Amendments (Volume II), the following be substituted :— “That for article 283 the following article be substituted :— 283. Until other prov isions is made in this behalf under this Constitution, all the laws in force immediately before the commencement of this Constitution and applicable to any public service or any post which continues to exist after the commencement of this Constitution, as an AllIndia service or as service or post under the Union or a State shall continue in force so far as consistent with the provisions of this Constitution’.” Transitional Provision. *CAD, Vol. IX, 8th September 1949, p. 1119.

990 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES This is a purely transitional provision. [The motion was adopted. Article 283 was added to the Constitution.] ARTICLE 302 Mr. President: Then we take up article 302. Dr. Ambedkar. The Honourable Dr. B. R. Ambedkar: I move : “That in clause (1) of article 302, after the words ‘Governor’ the words ‘or Ruler’ be inserted.” “That in the second proviso to clause (1) of article 302, for the words and figures ‘bring against the Government of India or the Government of a State such proceedings as are mentioned in Chapter III of Part X of this Constitution’ the words ‘bring appropriate proceedings against the Government of India or the Government of a State’ be substituted.” “That in clause (2) of article 302, after the word ‘Governor’ the word ‘Ruler’ be inserted.” “That in clause (3) of article 302, after the word ‘Governor’ the words ‘or Ruler’ be inserted.” “That in clause (4) of article 302— (a) after the word ‘Governor’ in the first place where it occurs, the words ‘or Ruler’ be inserted; (b) for the word ‘Governor’ in the second place where it occurs, the words ‘as Governor or Ruler’ be substituted; and (c) after the word ‘Governor’ in the third place where it occurs, the words ‘or the Ruler’ be inserted.” An Honourable Member: What about 13, Sir? Mr. President: It is not in the Order paper. It is held over. The Honourable Dr. B. R. Ambedkar : Amendments 14,16,17 and 18 are purely drafting amendments. The only amendment perhaps which requires an explanation is No. 15. The reason for bringing in this amendment is that reference to Chapter III really means reference to article 274. Article 274 deals with the right of suit against Government and that article is divided into two parts. One part deals with the right of suit as exists on the date of the commencement of the Constitution. The other part is regarding the power of Parliament to make further provision with regard to the right of suit against Government. If the words as there remain, it would only mean that the right of suit against Government would be in terms of 274 as it would be on the date of commencement of the Act. The substitution of the words “appropriate proceedings” is intended to cover not only the right of suit as it would exist on the date of commencement of the Act, but also as to subsequent proceedings which Parliament may by law provide against the Government of the day. That is the reason for this amendment. *CAD, Vol. IX, 8th September 1949, pp.1119-1120.

991DRAFT CONSTITUTION I might also mention to the House that I find that if this amendment is carried, I shall also have to bring in a small consequential amendment in article 202 where there has been a sort of omission. ***** *Mr. President: Dr. Ambedkar, there is an amendment moved by Mr. Kamath that in clause (1) of article 302, for the word “duties” the word “functions” be substituted. The Honourable Dr. B. R. Ambedkar : The word “functions” is a large word and it includes both powers and duties. We have said powers and duties which include all the functions that we can have. It is unnecessary to have any kind of amendment like that. Mr. President: The question is : “That is clause (1) of article 302 for the word ‘duties’ the word ‘functions’ be substituted.” The amendment was negatived. Mr. President: That is the only amendment that has been moved. I shall now put the amendment put by Dr. Ambedkar. Shri T. T. Krishnamachari : The whole lot can be put together. Mr. President: If the Members want that, I shall put them separately. Very well. I shall put them together. ***** †The Honourable Dr. B. R. Ambedkar : Sir, I move; “That the heading above article 243, and article 243, 244 and 245 be omitted.” That might be put, so that the others may be taken separately. It is an independent thing. (The motion was adopted.) The heading above article 243, and articles 243, 244 and 245 were deleted. PART XA ‡The Honourable Dr. B. R. Ambedkar : Sir, I move: “That after Part X, the following new Part be inserted, namely :— “PART XA Trade, Commerce and Intercourse within the territory of India . 274-A. Subject to the other provisions of this Part, trade, commerce and intercourse throughout the territory of India shall be free.Freedom of trade commerce and intercourse throughout the territory. *CAD, Vol. IX, 8th September 1949, p. 1122. †Ibid., p. 1123. ‡Ibid., pp. 1123-1124.

992 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES 274-B. Parliament may, by law enacted by virtue of powers conferred by this Constitution, impose such restrictions on the freedom of trade, commerce or intercourse between one State and another or within any part of the territory law of India as may be required in the public interest. 274-C. (1) Notwithstanding anything contained in article 274-B of this Constitution neither parliament nor the Legislature of a State shall have power to make any law giving or authorising the giving of preference to one State over another or making any discrimination or authorising the making of any discrimination between one State and another by virtue of any entry relating to trade or commerce in any of the Lists in the Seventh Schedule. (2) Nothing in clause (1) of this article shall prevent Parliament from making any law giving any preference or making any discrimination as aforesaid if it is declared by such law that it is necessary to do so for the purpose of dealing with a situation arising from scarcity of goods in any part of the territory of India. 274-D. Notwithstanding anything contained in article 274 or article 274-C of this Constitution, the legislature of a State may, by law— (a) impose on goods which have been imported from other States any tax to which similar goods manufactured or produced in that State are subject, so, however, as not to discriminate between goods so imported and goods so manufactured or produced; and (b) impose such reasonable restrictions on the freedom of trade, commerce or intercourse with or within that State as may be required in the public interest: Provided that no Bill or amendment for the purpose of clause (b) of this article shall be introduced or moved in the legislature of the State nor shall any Ordinance be promulgated for the purpose by the Governor or Ruler of the State without the previous sanction of the President. 274-E. Parliament may by law appoint such authority as it considers appropriate for carrying out the purposes of articles 274-A, 274-B, 274-C and 274-D of this Constitution, and confer on authority so appointed such powers and such duties as it thinks necessary.’ ” Sir, all that I need do at this stage is to inform the House that originally the articles dealing with freedom of trade and commerce were scattered in different parts of the Draft Constitution. One article found its place in the list of Fundamental Rights, namely, article 16, which said that trade and commerce, subject to any law made by Parliament, shall be free throughout the territory of India. The other articles, namely, 243, 244 and 245 were included in some other part of the Draft Constitution. It was found in the course of discussion that a large number of members of the House Power of Parliament to impose restrictions on trade, commerce and intercourse by law. Appointment of authority to carry out the provisions of articles 274A to 274D. Restrictions on trade, commerce and intercourse among State. Restrictions of the legislative powers of the Union and of the States with regard to the trade and commerce.