Vol. 13 · pages 1096–1100

1063DRAFT CONSTITUTION *The Honourable Dr. B. R. Ambedkar : Sir, this matter was debated at great length last time. When this article came before the House, it was kept back practically at the end of a very long debate because at that time it was not possible to come to a decision as to whether the word “Bharat” should be used after the word “India” or some other word, but the whole of the article including the term “Union”—if I remember correctly— was debated at great length. We are merely now discussing whether the word “Bharat” should come after “India”. The rest of the substantive part of the article has been debated at great length. Shri B. M. Gupte : I do not say that we should go back upon what we have done. I am merely pointing out the implications and the result of all this.... †Shri Kamalapati Tripathi: ...When we pronounce this word (Bharat) we are reminded of Shankaracharya, who gave a new vision to the world. When we pronounce this word, we are reminded of the mighty arms of Bhagwan Rama which by twanging the chord of the bow sent echoes through the Himalayas, the seas around this land and the heavens. When we pronounce this word, we are reminded of the wheel of Lord Krishna which destroyed the terrible Imperialism of Kshatriyas from India and relieved this land of its burden. The Honourable Dr. B. R. Ambedkar : Is this all necessary, Sir? Shri Kamalapati Tripathi: I am just telling you to hear relevant things, Sir. The Honourable Dr. B. R. Ambedkar : There is a lot of work to be done. Shri Kamalapati Tripathi: When we pronounces this word we are reminded of Bapu who gave a new message to humanity. We are pleased to see that this word has been used and we congratulate Dr. Ambedkar on it. It would have been very proper, if he had accepted the amendment moved by Shri Kamath, which states “Bharat as is known in English language ‘India’ ” ... etc. *CAD, Vol. IX., 18th September 1949, p. 1686. †Ibid., p. 1689.

1064 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES ARTICLE 306 *Mr. President: We shall now proceed with the consideration of the articles relating to transitory provisions. Article 306. The Honourable Dr. B. R. Ambedkar (Bombay : General) : Sir, I Move : “That for clauses (a), (b) and (c) of article 306, the following clauses be substituted :— “(a) trade and commerce within a State in, and the production, supply and distribution of, cotton and woollen textiles, raw cotton (including ginned cotton and unginned cotton or Kapas), cotton seed, paper (including newsprint), foodstuffs (including edible oilseeds and oil), coal (including coke and derivatives of coal), iron steel and mica ; (b) offences against laws with respect to any of the matters mentioned in clause (a), jurisdiction and powers of all courts except the Supreme Court with respect to any of those matters, and fees in respect of any of those matters but not including fees taken in any court.’ ” The only changes which the amendment seeks to make in the original article 306 are these. From sub-clause (a), it is now proposed to omit petroleum and petroleum products and mechanically propelled vehicles. The reason why petroleum and petroleum products are sought to be omitted from sub-clause (a) is because that item is now included in List I of the Seventh Schedule. Mechanically propelled vehicles are omitted because they are at present de-controlled and they are placed in the Concurrent List. If the Centre wishes to legislate, it can legislate. Sub-clause (b) of the original article, relief and rehabilitation of displaced persons, is no longer necessary because that is also put in the Concurrent List. In regard to sub-clause (c), Inquiries and Statistics is also included in the Concurrent List and therefore this is also omitted. It is only a consequential thing. These are all the changes which this amendment seeks to make in the original article 306. Mr. President : May I enquire of Dr. Ambedkar ? My impression is that cattle fodder including oil cakes and other concentrates was one of the things, adequate control over which was at one time felt necessary. The Government of India Act was sought to be amended; but it would not be amended at the time and considerable difficulty was being felt. I do not know whether you have considered that. The Honourable Dr. B. R. Ambedkar : This article was re-drafted in consultation with the Industry and Supply Department. We have put in these matters which they thought were necessary to be controlled by the Centre, for a period of five years. If the House thinks that any particular addition may be made to the items included in sub-cluse (a), I certainly have no objection. *CAD, Vol. X, 7th October 1949, pp.3-4.

1065DRAFT CONSTITUTION Mr. President: I speak from my experience which is now rather out of date. The Honourable Dr. B. R. Ambedkar : I think it is rather desirable to include that item. Dr. P. S. Deshmukh (C.P. & Berar : General): That may be done in consultation with the Agriculture Department. Mr. President : That is what I suggest. The Honourable Dr. B. R. Ambedkar : I think we shall add that. I can put in, foodstuffs including cattle fodder. Mr. President: Cattle fodder including oil cakes and other concentrates. ***** *Mr. President : Does anyone else wish to speak ? Dr. Ambedkar ? The Honourable Dr. B. R. Ambedkar : Sir, I have only to say this much. I am not able to accept the amendment moved by Shri Brajeshwar Prasad. With regard to the other amendment suggested by yourself and by my Friend Dr. Kunzru, I may say that I have an open mind and I am prepared to introduce the necessary amendments after consultation with the Ministry of Industry and Supply. Therefore my amendment may be put through now. Mr. President : And the Ministry of Agriculture also. You may consult that Ministry also. The Honourable Dr. B. R. Ambedkar : Yes, Sir, I will consult the Ministries concerned. Mr. President: Subject to what Dr. Ambedkar has said, I will put the article to vote. I take up the amendments first. Amendment No. 2 of Dr. Deshmukh is more or less verbal and he may leave it to the Drafting Committee also No. 3. What about No. 4 ? Dr. P. S. Deshmukh : I am not moving it. ***** [Amendment of Dr. Ambedkar was adopted. Article 306, as amended was added to the constitution.] ***** ARTICLE 309 †Mr. President : Then we take up article 309. The Honourable Dr. B. R. Ambedkar : There is an amendment by Shri Brajeshwar Prasad adding a new article 307 A. Mr. President : But shall we take it up now ? The Honourable Dr. B. R. Ambedkar : It may be kept back. ***** [Article 309 was adopted and added to the Constitution.] *CAD, Vol. X, 7th October 1949, p. 6. †Ibid., p. 7.

1066 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES ARTICLES 310-A AND 310-B *Shri T. T. Krishnamachari : The next article viz., 310 is linked to article 308. These two may be considered together. Mr. President : Consideration of article 310 is postponed. Then the House will take up consideration of the next articles 310-A and 310-B. The Honourable Dr. B. R. Ambedkar : Sir, with your permission I move amendment No. 12 in a slightly amended form, thus : “ That after article 310, the following new articles be inserted :— ‘310 A. The Auditor-General of India holding office immediately before the date of commencement of this Constitution shall, unless he has elected otherwise, become on that date the Comptroller and Auditor-General of India and shall thereupon be entitled to such salaries and allowances and to such rights in respect of leave and pension as are provided for under clause (2) of article 124 of this Constitution in respect of the Comptroller and Auditor-General of India and shall be entitled to continue to hold office until the expiration of his term of office as determined under the provisions (?) which were applicable immediately before such commencement’. 310 B. (1) The members of the Public Service Commission for the Dominion of India holding Office immediately before the date of commencement of this Constitution shall, unless they have elected otherwise, become on that date the members of the Public Service Commission for the Union and shall, notwithstanding anything contained in clauses (1) and (2) of article 285 of this Constitution but subject to the proviso to clause (2) of that article continue to hold office until the expiration of their term of office as determined under the rules which were applicable immediately before such commencement to such members. (2) The members of a Public Service Commission of a Province or of a Public Service Commission serving the needs of a group of Provinces holding office immediately before the date of commencement of this Constitution shall, unless they have elected otherwise, become on that date the members of the Public Service Commission for the corresponding State or the members of the Joint Public Service Commission serving the needs of the corresponding States, as the case may be, and shall, notwithstanding anything contained in clauses ( 1) and (2) of article 285 of this Constitution but subject to the proviso to clause (2) of that article, continue to hold office until the expiration of their term of office as determined under the rules which were applicable immediately before such commencement to such members.” Sir, these articles merely provide for the continuance of certain incumbents of the posts which are regulated by the Constitution such as the members of the Public Service Commission and the Auditor-General. There is no matter of principle involved in these articles. ***** †The Honourable Dr. B. R. Ambedkar : I do not propose to accept the amendment of Dr. Deshmukh. It is unnecessary. Provisions as to Comptroller and AuditorGeneral of India. Provisions as to Public Service Commission. *CAD, Vol. X, 7th October 1949, p. 8. †Ibid., p. 9.

1067DRAFT CONSTITUTION Mr. President : I will first put the amendment of Dr. Deshmukh to vote. The question is : “That in amendment No. 12 of List I (First Week), in the proposed new article 310-B, after the words ‘commencement of this Constitution’ wherever they occur, the words ‘whose services have not, for any reason, been terminated be inserted.” The amendment was negativated. Mr. President: I will now put the articles contained in the amendment of Dr. Ambedkar one by one to vote. [All amendments of Dr. Ambedkar were carried Articles 310-A and 310-B were added to the constitution.] ARTICLE 311-A *The Honourable Dr. B. R. Ambedkar : Sir, I move : “That after article 311, the following new article be inserted : ‘311A. (1) Such person as the Constituent Assembly of the Dominion of India shall have elected in this behalf shall be the Provisional President of India until a President has been elected in accordance with the provisions contained in Chapter I of Part V of this Constitution and has entered upon his office. (2) In the event of the occurrence of any vacancy in the office of the Provisional President by reason of his death, resignation, or removal, or otherwise, it shall be filled by a person elected in this behalf by the Provisional Parliament functioning under article 311 of this Constitution, and until a person is so elected, the Chief Justice of India shall act as the Provisional President’.” Mr. President : There are two amendments to this. One is for the deletion of the word “provisional” before the word “President”. The Honourable Dr. B. R. Ambedkar : Sir, I move : “That in amendment No. 28 of List II (First Week), in clause (1) of the proposed article 311 A the word ‘Provisional’ be deletedd.” “That in amendment No. 28 of List II (First Week), in clause (2) of the proposed article 311 A, for the words ‘provisional President’ in the first place where they occur, the words ‘President so elected by the Constituent Assembly of the Dominion of India’, be substituted.” “That in amendment No. 28 of List II (First Week), in clause (2) of the proposed article 311 A, for the words ‘the provisional President’ in the second place where they occur, the word ‘President’ be substituted.” Dr. P. S. Deshmukh : Since the principle underlying my amendment has been accepted, I do not see any reason for moving my amendment. Mr. President : The article and the amendments are now open to discussion. ***** †Prof. Shibban Lal Saksena : Mr. President, Sir, ...I hope Dr. Ambedkar will see the reasonableness of this suggestion and will omit the Provisions as to Provisional President *CAD, Vol. X, 7th October 1949, p. 9. †Ibid., p. 10.