Vol. 13 · pages 1226–1230

This demonstrates clearly the necessity of making some provision assuring that such injustice will not continue any more, and there would be speedy action to end it. I request the Government of India and the provincial Governments to apply article 338 for our welfare and recruit Harijans in the services according to their population.... ***** *Shri Ram Chandra Gupta (United Provinces : General) : Sir, I am very thankful to you for giving me this opportunity of speaking for a few minutes on this motion. The present Constitution will go down, in the annals of this nation, as a great “CHARTER OF FREEDOM”, which our people have today achieved after a long and ceaseless struggle and much suffering. We have therefore every reason to be proud of it; and I have no manner of doubt posterity will continue to remember January 26th, 1950 as the sacred day when real freedom dawned in this country. This Constitution which consists of nearly 400 clauses is the result of 3 year long hard labour, anxious thought, and much compromise. The country will no doubt feel grateful to all those who have had a hand in the shaping of this Constitution. Our thanks are due to all members of the Drafting Committee—particularly to Dr. Ambedkar, and to you, Sir, Both of you have demonstrated how accommodating you can be to others. The Constitution, as it stands today, is the result of heated discussion and long debates carried over thousands of amendments moved by the honourable Members of this House. In fact there is not a single word in the Constitution which has not received the notice of some Member or the other. I can go to the length of stating that even punctuations, viz., comma, semi colon, and full stops, have received due notice from our vigilant friend, Mr. Naziruddin Ahmad. It is true that unanimity could not be achieved on every matter, but there is no doubt that all clauses passed by the House always had the support of a very large majority. Almost all the important controversial questions were postponed many times for fuller consideration and the achievement of unanimity, if possible. In one word, I can say that the present Constitution is the result of many happy compromises effected as a consequence of the spirit of ‘give and take’ so liberally manifested by the Members of this House. In such circumstances you cannot expect that all the Members will have the same degree of satisfaction on all matters incorporated in the Constitution. This really explains the mixed reaction accorded to the Constitution by the various speakers. While I myself do not agree with every thing incorporated *CAD, Official Report, Vol. XI, 24th November 1949, pp. 919-920. 1193DRAFT CONSTITUTION

in the Constitution, I can say without the slightest fear of contradiction, that it has the substantial support of a very substantial section of this House. It is no doubt true that the Constitution as originally drafted has undergone a radical change. Such a change was inevitable under the altered conditions of the country.... ***** *GOVERNMENT OF INDIA ACT (AMENDMENT) BILL Mr. President : The first thing today is to take up the Bill of which notice has been given by Dr. Ambedkar. The Honourable Dr. B. R. Ambedkar (Bombay : General) : Sir, I move for leave to introduce a Bill further to amend the Government of India Act, 1935. Mr. President : The question is :— ‘That leave be given to introduce a Bill further to amend the Government of India Act, 1935.’ The motion was adopted. The Honourable Dr. B. R. Ambedkar : Sir, I introduce the Bill. Mr. President: The Bill is introduced. The Honourable Dr. B. R. Ambedkar : Sir, I move : “That the bill further to amend the Government of India Act, 1935, be taken into consideration by the Assembly at once.” Mr. President : Motion moved. ***** The motion was adopted. ***** †The Honourable Dr. B. R. Ambedkar : Sir, I am sure that there is some confusion in the mind of my friend Mr. Naziruddin Ahmad, as I find by reference to the various Acts that are passed by the Constituent Assembly the proposal in the Bill that it should be called the Fourth Amendment Act is the proper wording. The first Act that was passed by the Constituent Assembly is called the Government of India (Amendment) Act, 1949. The second one is called the Government of India I (Second Amendment) Act, 1949, which deals with the removal of prisoners from one unit to another unit. The third Amendment Act, 1949, deals with evacuee property, and the Bengal election. Mr. Naziruddin Ahmad : It is not called an Amendment Act at all, it has got a different name. *CAD, Official Report, Vol. XI, 25th November 1949, p. 920. † Ibid., 25th November 1949. p. 923 ‡ Ibid., pp. 927-929. 1194 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

The Honourable Dr. B. R. Ambedkar : If you look at clause 1, there you will see, “This Act may be called the Government of India (Second Amendment) Act, 1949.” The next one is called the third Amendment Act, 1949, which deals with the custody, management and disposal of evacuee property and the election in West Bengal. The confusion, I think, has arisen from the fact that we have passed two other Acts in the Constituent Assembly, one relating to the Abolition of Privy Council Jurisdiction and another amending the Central Government and Legislature Act, 1946. Those Acts are not amendments of the Government of India Act, at all. Although those Acts may have indirect effect on the Government of India Act, they are not amendments to the Government of India Act. We are, therefore, entitled to class this as the Fourth Amendment, because, so far as direct amendment of the Government of India Act, 1935 is concerned, this Assembly has passed only three Acts and no other. Mr. Naziruddin Ahmad : But there is no Third Amendment Act, at all. The Hounourable Dr. B. R. Ambedkar : Of course there is. The third Act deals with the custody, management and disposal of evacuee property. I have got the Act here before me. Mr. President : There seems to be a little confusion about this matter. Fourth is not the number of the Act. what is described here is the fourth amendment of the Act. That is not the number of the Act itself. The number of the Act is separate. The Honourable Dr. B. R. Ambedkar : It is a description of the present Act. It is a short title. Mr. President : It is only a description. The number will be Act No. 6 of 1949. The Honourable Dr. B. R. Ambedkar : That is so. This is a short title. Mr. President : The constituent Assembly has passed five Acts upto now, in 1949 and this will be the sixth. But so far as amendments are concerned, it is the fourth amendment to the Government of India Act, and therefore it is called the Fourth amendment. Pandit Hirday Nath Kunzru (United Provinces : General) : If out of the five Acts that we have already passed.... Mr. President : This is the sixth. The Honourable Dr. B. R. Ambedkar : We have passed in this Assembly five Acts. Out of them two have nothing to do with any amendment of the Government of India Act, 1935. 1195DRAFT CONSTITUTION

Pandit Hirday Nath Kunzru : Why were they placed before the Constituent Assembly if they were not of a constitutional character? The Honourable Dr. B. R. Ambedkar : The short title is quite different from the purport of the Act. Pandit Hirday Nath Kunzru : The question is whether the right of a litigant to appeal to the Privy Council could have been taken away without an amendment to the Government of India Act, 1935. The Honourable Dr. B. R. Ambedkar : The short title of the next Act was the Central Government and Legislature Amendment Act, 1949. that Act sought to amend the India (Central Government and Legislature) Act, 1946 which is an Act of Parliament and not the Government of India Act, 1935. The other Act was the abolition of Privy Council jurisdiction Act, 1949. Pandit Hirday Nath Kunzru : But the earlier Act to which my honourable Friend has referred, namely, the Amendment to the Central Legislature Act was itself an amendment of the Government of India Act. The Honourable Dr. B. R. Ambedkar : No, no, that is not, there was a separate Act passed by Parliament called the India (Central Government and Legislature) Act 1946. This amendment was an amendment to that Act. That Act was outside the Government of India Act, 1935. Shri R. K. Sidhva : Perhaps Dr. Ambedkar will remember that the amendment to the Act from Cotton Seeds to Cotton was really an amendment to the Government of India Act, to which he has made no mention. The Honourable Dr. B. R. Ambedkar : This would mean a sixth Act no doubt but the short title is something quite different to the number of the Acts. We are discussing the short titles. Shri T. T. Krishnamachari (Madras : General) : This is a matter of nomenclature and in fact in the previous Acts amended by Parliament, they have given different names for Acts which in purport amended the Government of India Act, such as the India Burma Emergency Powers Act, 1942. The matter of nomenclature need not be pursued to its logical and bitter end. I suggest the House to proceed with the consideration of the Bill. Mr. Naziruddin Ahmad : Is there any Act No. IV? Mr. President : There seems to be. The Honourable Dr. B. R. Ambedkar : There is. Mr. Naziruddin Ahmad : I have not got it. 1196 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

The Honourable Dr. B. R. Ambedkar : If you have not a copy, what can we do ? Mr. President: After all, nothing will turn upon the title ! The Honourable Dr. B. R. Ambedkar : I can give him the number also, if he wants it. Act No. I of 1949 is called by the short title of “The Government of India (amendment) Act 1949.” Act No. II of 1949 is called “The Government of India (second amendment) Act, 1949.” Act No. III of 1949 is called “The India (Central Government and legislature) Amendment Act, 1949.” Act No. IV of 1949 is called “The Government of India (Third Amendment) Act, 1949.” Act No. V of 1949 is called “The abolition of Privy Council Jurisdiction Act, 1949.” Acts III and V have nothing to do with the Govenment of India Act, 1935 and that is why we call this the fourth Amendment of the Government of India Act. Mr. President : The question is : “That in sub-clause (1) of clause 1, for the words ‘Fourth Amendment’ the words ‘Third Amendment’ be substituted.” The amendment was negatived. Mr. President : The question is : “That clause 1 do stand part of the Bill,” The motion was adopted. Clause 1 was added to the Bill. Clause 2 *Mr. Naziruddin Ahmad : Sir, I beg to move: “That clause 2 be deleted.” Sir, I also beg to move : “That in clause 2, the following statute reference be appended : ‘52 & 53 vict., C.63.’ ” ***** †The Honourable Dr. B. R. Ambedkar : All that I can say is that this is the uniform clause that has been passed by this Assembly in the other Acts amending the Government of India Act, therefore, in order to keep up the uniformity and to provide for the interpretation of this particular Act, clause 2 is a very necessary part of the Bill. *CAD, Official Report, Vol. XI, 25th November 1949, p. 929. †Ibid., p. 929. 1197DRAFT CONSTITUTION