Vol. 13 · pages 1131–1135

1098 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES The Assembly re-assembled after Lunch at Four of the Clock, Mr. President (The Honourable Dr. Rajendra Prasad) in the Chair. PART VI-A *Mr. President : We shall now take up Part VI-A. The Honourable Dr. B. R. Ambedkar : Sir, I move : “That after Part VI, the following new Part be inserted :— PART VI-A THE STATES IN PART III OF THE FIRST SCHEDULE 211 A. The provisions of Part VI Of this Constitution shall apply in relation to the States for the time being specified in Part III of the First Schedule as they apply in relation to the States for the time being specified in Part I of that Schedule subject to the following modifications and omissions, namely :— (1) For the word “Governor” wherever it occurs in the said Part VI, except where it occurs for the second time in clause (b) of article 209, the word “Rajpramukh” shall be substituted. (2) In article 128, for the word and figure “Part I” the word and figure “Part III” shall be substituted. (3) Articles 131, 132 and 134 shall be omitted. (4) In article 135,— ( a) in clause (1), for the words, “be appointed” the word “becomes” shall be substituted; ( b) for clause (3), the following clause shall be substituted, namely :— “(3) The Rajpramukh shall be entitled without payment of rent to the use of his residences, and there shall be paid to the Rajpramukh such allowances as the President may, by general or special order, determine”.; ( c) in clause ( 4), the words ‘emoluments and’ shall be omitted. (5) In article 136, after the words “senior-most judge of that court available” the words ‘or in such other manner as may be prescribed in this behalf by the President’ shall be inserted. (6) In article 144, the proviso to clause ( 1) shall be omitted. (7) In article 148, for clause ( 1) the following clause shall be substituted, namely :— “(1) For every State there shall be a Legislature which shall consist of the Rajpramukh and— (a) in the State of Mysore, two Houses; (b) in other States, one House.” (8) In article 163, for the words “as are specified in the Second Schedule” the words “as the Rajpramukh may determine” shall be substituted. *CAD, Vol. X, 12th October 1949, pp. 154-155. Application of provisions of Part VI to States in Part III of the First Schedule.

1099DRAFT CONSTITUTION (9) In article 170 for the words “as were immediately before the date of commencement of this Constitution applicable in the case of members of the Provincial Legislative Assembly for that State” the words “as the Rajpramukh may determine” shall be substituted. (10) In clause (3) of article 177— (a) for sub-clause (a), the following sub-clause shall be substituted, namely :— “(a) the allowances of the Rajpramukh and other expenditure relating to his office as determined by the President by general or special order; (b) after sub-clause (e), the following sub-clause shall be inserted, namely :— “(ee) in the case of the State of Travancore-Cochin, a sum of fifty-one lakhs of rupees required to be paid annually to the Devaswom fund under the covenant entered into before the commencement of this Constitution by the Rulers of the Indian States of Travancore and Cochin for the formation of the United States of Travancore and Cochin;” (11) In article 183, for clause (2), the following clause shall be substituted, namely :— “(2) Until rules are made under clause (1) of this article, the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature for the State or, where no House of the Legislature for the State existed, the rules of procedure and standing orders in force immediately before such commencement with respect to the Legislative Assembly of such Province, as may be specified in this behalf by the Rajpramukh of the State, shall have effect in relation to the Legislature of the State subject to such modifications and adaptations as may be made therein by the Speaker of the Legislative Assembly or the Chairman of the Legislative Council, as the case may be.” (12) In clause (2) of article 191, for the word “Province” the words “Indian State” shall be substituted. (13) For article 197, the following article shall be substituted, namely :— “197. The judges of each High Court shall be entitled to such salaries and allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by the President after consultation with the Rajpramukh : Provided that neither the salary of a judge nor his rights in respect of leave, of absence or pension shall be varied to his disadvantage after his appointment.’ ” I think I will move the other amendments afterwards. As will be seen, the underlying idea of this Part is that Part VI of this Constitution which deals with the Constitution of the States will now automatically apply under the provisions of article 211-A to States in Part III. But it is realized that in applying Part VI to the Indian States Salaries etc. of Judges.

1100 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES which will be in Part III there are special circumstances for which it is necessary to make some provision and the purpose of this particular amendment 217 is to indicate those particular articles in which these amendments are necessary to be made in order to deal with the special circumstances of the States in Part III. Otherwise the States in Part III so far as their internal constitution is concerned will be on a par with the States in Part I. ***** *Prof. Shibban Lal Saksena : The amendment that I am moving is 288 of List XII. Mr. President : I have just received it. You can move it. Shri T. T. Krishnamachari : But that has not been moved. The Honourable Dr. B. R. Ambedkar : How can you move it ? Prof. Shibban Lal Saksena : I am not moving the amendment which the President read out. I am moving No. 288 of List XII. ***** The Constituent Assembly of India met in the Constitution Hall, New Delhi, at Ten of the Clock, Mr. President (The Honourable Dr. Rajendra Prasad) in the Chair. PART VI-A— (contd.) †Mr. President : I think it would be better to take the other articles which are sought to be amended in connection with the States and take all the amendments, and then have the general discussion. I do not think it is necessary for Dr. Ambedkar to read the whole thing. The Honourable Dr. B. R. Ambedkar (Bombay : General) : Sir, I move “That article 224 be omitted.” “That article 225 be omitted.” “That after article 235, the following new article be inserted, namely :— ‘235A. (1) Notwithstanding anything contained in this Constitution, a State for the time being specified in Part III of the First Schedule having any armed force immediately before the commencement of this Constitution may, until Parliament by law otherwise provides, continue to maintain the said force after such commencement subject to such general or special orders as the President may from time to time issue in this behalf. (2) Any such armed force as is referred to in clause (1) of this article shall form part of the forces of the Union.’ ” Armed forces in States in part III of the First Schedule. *CAD, Vol. X, 12th October 1949, p. 158. †Ibid, pp. 175-177.

“That for article 236, the following article be substituted, namely :— 236. The Government of India may by agreement with the Government of any territory not being part of the territory of India undertake any executive, legislative or judicial functions vested in the Government of such territory, but every such agreement shall be subject to and governed by, any law relating to the exercise of foreign jurisdiction for the time being in force.’ ” “That article 237 be omitted.” “That after article 274D, the following new articles be inserted, namely :— ‘274DD. Notwithstanding anything contained in the foregoing provisions of this Part, the President may enter into an agreement with a State for time being specified in Part III of the First impose restrictions Schedule with respect to the levy and collection of any tax or duty leviable by the State on goods imported into the State from other States or on goods exported from the State to other States, and any agreement entered into under this article shall continue in force for such period not exceeding ten years from the commencement of this Constitution as may be specified in the agreement: Provided that the President may at any time after the expiration of five years from such commencement terminate or modify any such agreement if after consideration of the report of the Finance Commission constituted under article 260 of this Constitution he thinks it necessary to do so. ‘274DDD. Nothing in articles 274A and 274C of this Constitution shall affect the provisions of any existing law except in so far as the President may by order otherwise provide. “That after article 302, the following new article be inserted, namely :— ‘302A. In the exercise of the power of Parliament or of the Legislature of a State to make laws or in the exercise of the executive power of the Union or of a State, due regard shall be had to the guarantee or assurance given under any such covenant or agreement as is referred to in article 267A* of this Constitution with respect to the personal rights, privileges and dignities of the Ruler of an Indian State.’ ” ‘That after article 306, the following new articles be inserted :— “306B. Notwithstanding anything contained in this Constitution, during a period of ten years from the commencement thereof, or during such longer or shorter period as Parliament may by law Provide in respect of any State, the Government of every State for the time being specified in Part III of the First Schedule shall be under the general control of, and comply with such particular directions, if any, as may from time to time be given by the President, and any failure to comply with such directions shall be deemed to be a failure to carry out the Government of the State in accordance with the provisions of this Constitution : Power of the Union to undertake executive, legislative or judicial functions in relation to any territory not being part of the territory of India. Power of certain States in Part III of the First Schedule to impose restrictions on trade and commerce by the levy of certain taxes and duties on goods imported into or exported from such States. Effect of articles 274A and 274C on existing laws. Rights and privileges of Rulers of Indian States. Temporary provisions with respect to States in Part III of the First Schedule. 1101DRAFT CONSTITUTION

“Provided that the President may by order direct that the provisions of this article shall not apply to any State specified in the order.,’ ” “That for clause (1) of article 258, the following clause be substituted :— ‘(1) Notwithstanding anything contained in this Chapter, the Government of India may, subject to the provisions of clause (2) of this article, enter into an agreement with the Government of a State for the time being specified in Part III of the First Schedule with respect to— (a) the levy and collection of any tax or duty leviable by the Government of India in such State and for the distribution of the proceeds thereof otherwise than in accordance with the provisions of this Chapter; (b) the grant of any financial assistance by the Government of India to such State in consequence of the loss of any revenue which that State used to derive from any tax or duty leviable under this Constitution by the Government of India or from any other sources; (c) the contribution by such State in respect of any payment made by the Government of India under clause (1) of article 267A of this Constitution, and when an agreement is so entered into, the provisions of this Chapter shall in relation to such State have effect subject to the terms of such agreement.’ ” “That in chapter I of Part IX, after article 267, the following new article shall be inserted, namely :— ‘267A. (1) Where under any covenant or agreement entered into by the Ruler of any Indian State before the commencement of this Constitution, the payment of any sums, free of tax, has been guaranteed or assured by the Government of the Dominion of India to any Ruler of such State as Privy Purse— (a) such sums shall be charged on, and paid out of, the Consolidated Fund of India; and (b) the sums so paid to any Ruler shall be exempt from all taxes on income. (2) Where the territories of any such Indian State as aforesaid are comprised within a State specified in Part I or Part III of the First Schedule there shall be charged on, and paid out of, the Consolidated Fund of that State such contribution, if any, in respect of the payments made by the Government of India under clause (1) of this article and for such period as may, subject to any agreement entered into in that behalf under clause (1) of article 258 of this Constitution, be determined by order of the President,’ ” “That after article 270, the following new article be inserted :— ‘270A. (1) As from the commencement of this Constitution— (a) all assets relating to any of the matters enumerated in the Union List vested immediately before such commencement, in any Indian State corresponding to any State for the time obligations of being specified in Part III of the First Schedule shall be vested in the Government of India, and (b) all liabilities relating to any of the said matters of the Government of any Indian State corresponding to any State for the time being specified in Part III of the First Schedule shall be the liabilities of the Government of India, subject to any agreement entered into in that behalf by the Government of India with the Government of that State. (2) As from the commencement of this Constitution the Government of each State for the time being specified in Part III of the First Schedule shall be the successor of the Government of the corresponding Indian State as regards all property, assets, liabilities and obligations other than the assets and liabilities referred to in clause (1) of this article.’ ” Privy purse sums of Rulers. Succession to property assets, liabilities and obligations of Indian States. 1102 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES