Vol. 13 · pages 136–140

In addition, in view of the present abnormal circumstances which require Central control over essential supplies, the Committee has provided that for a term of five years from the commencement of the Constitution, trade and commerce in, and the production, supply and distribution of, certain essential commodities as also the relief and rehabili- tation of displaced persons shall be on the same footing as Concurrent List subjects. In adopting this course, the Committee has followed the provi- sions of the India (Central Government and Legisla- ture) Act, 1946. Articles 247 to 269. 15. Financial provisions.—Broadly speaking, the Drafting Committee has incorporated in the Draft the recommendations of the Expert Finance Com- mittee, except those relating to the distribution of revenues between the Centre and the States. In view of the unstable conditions which at present prevail in this field, the Drafting Committee has thought it best to retain the status quo in the matter of distribution of revenues for a period of five years, at the end of which a Finance Commission may review the situation. Articles 281 to 283. 16. Services.—The Committee has refrained from inserting in the Constitution, any detailed provisions relating to the Services; the Committee considers that they should be regulated by Acts of the appro- priate Legislature rather than by constitutional provisions, as the Committee feels that the future Legislatures in this country, as in other countries. may be trusted to deal fairly with the Services. Articles 289 to 291. 17. Elections, Franchise, etc.—The Committee has not thought it necessary to incorporate in the Constitution electoral details including the delimita- tion of constituencies. These have been left to be provided by auxiliary legislation. Article 304. 18. Amendment of the Constitution.—The Com- mittee has inserted a provision giving a limited constituent power to the State Legislatures in respect of certain defined matters. Articles 292, 294 and 305. 19. Safeguards for Minorities.—The Draft embodies the decisions of the Constituent Assembly and of the Advisory Committee in respect of the THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 135 103THE DRAFT CONSTITUTION

reservation of seats in the Legislatures and of posts in the public services. Although these provisions do not extend to the Indian States, nevertheless, in the larger interests of India, the Indian States should adopt similar provisions for the minorities therein. The Drafting Committee has specially asked me to draw your attention to the importance of this matter. First Schedule. 20. Linguistic Provinces.—I would invite special attention to Part I of the First Schedule and the foot- note thereto. If Andhra or any other linguistic region is to be mentioned in this Schedule before the Constitution is finally adopted, steps will have to be taken immediately to make them into separate Governors’ Provinces under section 290 of the Government of India Act, 1935, before the Draft Constitution is finally passed. Of course, the new Constitution itself contains provisions for the creation of new States, but this will be after the new Constitution comes into operation. Fifth and Sixth Schedules 21. Scheduled Tribes, Scheduled Areas and Tribal Areas.—The Committee has embodied in the Schedules to the Constitution the recommendations of the Sub-Committees on these subjects. 22. A separate note recorded by Shri Alladi Krishnaswami Ayyar on certain points (not involv- ing any question of principle) is appended to the Draft at his request. 23. I cannot transmit to you this Draft Consti- tution without placing on record the Committee’s gratitude for the assistance the Committee has received in this difficult task from Sir B. N. Rau, the Constitutional Adviser, Shri S. N. Mukerjee, Joint Secretary and Draftsman, and the staff of the Consti- tuent Assembly Secretariat. Yours truly, B. R. AMBEDKAR. 136 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 104 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

DRAFT CONSTITUTION OF INDIA Preamble. WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN DEMOCRATIC REPUBLIC* and to secure to all its citizens: 5 JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all 10 FRATERNITY assuring, the dignity of the individual and the unity of the Nation; IN OUR CONSTITUENT ASSEMBLY this— ——————of——————( day of May, 1948 A.D.), do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. 15 *This follows the decision taken by the Constituent Assembly. The question of the relationship between this Democratic Republic and the British, Commonwealth of Nations remains to be decided subsequently. THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 137 105THE DRAFT CONSTITUTION

PART I The Union and its Territory and Jurisdiction Name and territory of the Union. *1. (1) India shall be a Union of States. (2) The States shall mean the States for the time being specified in Parts I, II and III of the First Schedule. 5 (3) The territory of India shall comprise— (a) the territories of the States; (b) the territories for the time being specified in Part IV of the First Schedule; and 10 (c) such other territories as may be acquired. Admission and estab- lishment of new States. 2. Parliament may, from time to time, by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit. 15 Formation of new States and altera- tion of areas, boundaries or names of existing States. 3. Parliament may by law— (a) form a new State by separation of territory from a State or by uniting two or more States or parts of States; (b) increase the area of any State; 20 (c) diminish the area of any State; (d) alter the boundaries of any State; (e) alter the name of any State: Provided that no Bill for the purpose shall be introduced in either House of Parliament except by the Government of India and unless— 25 (a) either— (i) a representation in that behalf has been made to the President by a majority of the representatives of the territory in the Legislature of the State from which the territory is to be separated or ex- cluded; or 30 *The Committee considers that, following the language of the Preamble to the British North America Act, 1867, it would not be inappropriate to describe India as a Union although its Consti- tution may be federal in structure. 138 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 106 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

(ii) a resolution in that behalf has been passed by the Legislature of any State whose boundaries or name will be affected by the proposal to be contained in the Bill; and 5 (b) where the proposal contained in the Bill affects the boundaries or name of any State, other than a State for the time being specified in Part III of the First Schedule, “the views of the Legislature of the State both with respect to the pro- posal to introduce the Bill and with res- pect to the provisions thereof have been ascertained by the President; and where such proposal affects the boundaries or name of any State for the time being specified in Part III of the First Schedule, the previous consent of the State to the proposal has been obtained. 10 15 Law made under articles 2 and 3 to provide for the amend- ment of the First Sche- dule and in- cidental and consequential matters. 4. (1) Any law referred to in article 2 or article 3 of this Constitution shall contain such provisions for the amendment of the First Schedule as may be necessary to give effect to the provisions of the law and may also contain such incidental and consequen- tial provisions as Parliament may deem necessary. 20 25 (2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the pur- poses of article 304. *The Committee is of opinion that in the case of any State other than a State specified in Part III of the First Schedule, the previous consent of the State is not necessary and it would be enough if the views of the Legislature of the State were obtained by the President. THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 139 107THE DRAFT CONSTITUTION