Vol. 13 · pages 236–240

Part VIII The Territories in Part IV of the First Schedule and other Territories Not Specified in that Schedule Administra- tion of terri- tories speci- fied in Part IV of the First Sche- dule and other terri- tories not specified in that Sche- dule. 215. (1) Any territory specified in Part IV of the First Schedule and any other territory comprised within the territory of India but not specified in that Schedule shall be administered by the President acting, to such extent as he thinks fit, through a Chief Commissioner or other authority to be appointed by him. 5 10 (2) The President may make regulations for the peace and good government of any such territory and any regulation so made may repeal or amend any law made by Parliament or any existing law which is for the time being applicable to such territory and, when promulgated by the President, shall have the same force and effect as an Act of Par- liament which applies to such territory. 15 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 235 203THE DRAFT CONSTITUTION

PART IX Relations between the Union and the States CHAPTER I—Legislative Relations DISTRIBUTION OF LEGISLATIVE POWERS 5 Extent of laws made by Parlia- ment and by the Legisla- tures of States. 216. (1) Subject to the provisions of this Consti- tution, Parliament may make laws for the whole or any part of the territory of India, and the Legisla- ture of a State may make laws for the whole or any part of the State. 10 (2) No law made by Parliament shall be deemed to be invalid on the ground that it would have extra- territorial operation. Subject- matter of laws made by Parliament and by the Legislatures of States. *217. (1) Notwithstanding anything in the two next succeeding clauses, Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I in the Seventh Sche- dule (in this Constitution referred to as the “Union List”). 15 (2) Notwithstanding anything in the next suc- ceeding clause, Parliament and, subject to the preceding clause, the Legislature of any State for the time being specified in Part I of the First Schedule also, have power to make laws with respect to any of the matters enumerated in List III in the 20 25 *Shri Alladi Krishnaswami Ayyar was of opinion that instead of following the old plan of legislative distribution this clause might, in view of the fact that the residuary power is to be in Parliament, begin with the legislative powers of the State, then deal with the concurrent powers and then with the legislative powers of Parliament. As the question was merely one of form, the majority of the members preferred not to disturb the existing arrangement. 236 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 204 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

Seventh Schedule (in this Constitution referred to as the “Concurrent List”). (3) Subject to the two preceding clauses, the Legislature of any State for the time being specified in Part I of the First Schedule has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in List II in the Seventh Schedule (in this Constitution referred to as the “State List”). 5 (4) Parliament has power to make laws with respect to any matter for any part of the territory of India not included for the time being in Part I or Part III of the First Schedule notwithstanding that such matter is a matter enumerated in the State List. 10 15 Legislation with respect to the Supreme Court. *218. Parliament has the exclusive power to make laws with respect to the constitution, organi- sation, jurisdiction and powers of the Supreme Court. Power of Parliament to provide for the establish- ment of cer- tain addi- tional courts. 219. Notwithstanding anything in this Chapter, Parliament may by law provide for the establish- ment of any additional courts for the better adminis- tration of laws made by Parliament or of any exist- ing law with respect to a matter enumerated in the Union List. 20 25 Legislation with respect to consti- tution and organisation of High Courts. *22G. (1) The Legislature of a State for the time being specified in Part I of the First Schedule has the exclusive power to make laws with respect to the constitution and organisation of any High Court having its principal seat within such State. 30 (2) Parliament has power to make laws with respect to the constitution and organisation of any High Court having its principal seat in a State for the time being specified in Part II of the First Schedule. 35 *Some members of the Committee consider that articles 218, 220, 221 and 222 are not necessary in view of article 217. THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 237 205THE DRAFT CONSTITUTION

Legislation with respect to jurisdic- tion and powers of High Courts. *221. (1) Parliament has the exclusive power to make laws regarding the jurisdiction and powers of any High Court with respect to any of the matters enumerated in the Union List. (2) The Legislature of a State for the time being specified in Part I of the First Schedule in relation to which or in relation to any area within which a High Court exercises jurisdiction has the exclusive power to make laws regarding the jurisdiction and powers of such High Court in relation to such State or area with respect to any of the matters enumerat- ed in the State List. 5 10 (3) Parliament and also the Legislature of a State for the time being specified in Part I of the First Schedule in relation to which or in relation to any area within which a High Court exercises jurisdiction have power to make laws regarding the jurisdiction and powers of such High Court in rela- tion to such State or area with respect to any of the matters enumerated in the Concurrent List. 15 20 (4) Parliament has power to make laws regard- ing the jurisdiction and powers of a High Court in relation to a State for the time being specified in Part II of the First Schedule or any area within such State with respect to any of the matters enumerated in the State List. 25 Legislation with respect to the procedure to be followed by High Courts in civil and criminal matters. *222. Parliament and also the Legislature of a State for the time being specified in Part I of the First Schedule in which a High Court has its prin- cipal seat have power to make laws with respect to the procedure to be followed by such High Court in civil and criminal matters. 30 Residuary powers of legislation. 223. (1) Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List. 35 (2) Such power shall include the power of making any law imposing a tax not mentioned in either of those Lists. *Some members of the Committee consider that articles 218, 220, 221 and 222 are not necessary in view of article 217. 238 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 206 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

Restriction on powers of Parliament to make laws with respect to certain matters in relation to States in Part III of the First Schedule. *224. Notwithstanding anything in clause (1) of article 217 of this Constitution— (a) Parliament shall not have power to make laws with respect to any right relating to posts and telegraphs in any State or group of States for the time being specified in Part III of the First Sche- dule subsisting at the date of commence- ment of this Constitution until such right is extinguished by agreement between the Government of India and that State or group of States or is acquired by the Government of India: 5 10 Provided that nothing in this clause shall prevent Parliament from making any law for the regulation and control of posts and telegraphs in such State or group of States; 15 (b) the power of Parliament to make laws with respect to telephones, wireless, broad- casting and other like forms of commu- nication in any State for the time being specified in Part III of the First Sche- dule shall extend only to the making of laws for their regulation and control; 20 25 (c) the power of Parliament to make laws with respect to corporations shall not include the power to make laws with respect to the incorporation, regulation and wind- ing up of corporations owned or con- trolled by a State for the time being specified in Part III of the First Schedule and carrying on business only within that State. 30 Extent of power to legislate for States in Part III of the First Sche- dule. 225. Notwithstanding anything in this Chapter, the power of Parliament to make laws for a State or a group of States for the time being specified in Part III of the First Schedule shall be subject to the terms of any agreement entered into in that behalf by that State or group of States with the Government of India and the limitations contained therein. 35 40 * The Committee is of opinion that some articles of this Chapter will require rearrangement before the Constitution is finally passed by the Constituent Assembly. THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 239 207THE DRAFT CONSTITUTION