Vol. 13 · pages 241–245

Power of Parliament to legislate with respect to a matter in the State List in the national in- terest. *226. Notwithstanding anything in the fore- going provisions of this Chapter, if the Council of States has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest that Parliament should make laws with respect to any matter enumerated in the State List specified in the resolution, it shall be lawful for Parliament to make laws for the whole or any part of the territory of India with respect to that matter. 5 10 Power of Parliament to legislate with respect to any matter in the State List if a Pro- clamation of Emergency is in operation. 227, (1) Notwithstanding anything in this Chapter, Parliament shall, while a Proclamation of Emergency is in operation, have power to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the State List. 15 (2) A law made by Parliament which Parlia- ment would not but for the issue of a Proclamation of Emergency have been competent to make shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the Proclamation has ceased to operate, except as respects things done or omitted to be done before the expiration of the said period. 20 Inconsistency between laws made by Parliament under articles 226 and 227 and laws made by the Legislatures of States. **228. Nothing in articles 226 and 227 of this Constitution shall restrict the power of the Legis- lature of a State to make any law which under this Constitution it has power to make, but if any provi- sion of a law made by the Legislature of a State is repugnant to any provision of a law made by Parlia- ment which Parliament has under either of the said articles power to make, the law made by Parliament, 25 30 * The Committee is of opinion that power should be provided for Parliament to legislate with respect to any matter in the State List when it assumes national importance; and has inserted this article for the purpose. ** The Committee by a majority has decided that when Parlia- ment makes a law with respect to any matter in the State List in the national interest it should be treated as akin to a matter in the Concurrent List, but Shri Alladi Krishnaswami Ayyar is against the retention of power of legislation to the States in such cases as in his opinion the retention of such power would offer a premium for the union gradually encroaching on the State field and, stri- king at the federal structure of the constitution. 240 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 208 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

whether passed before or after the law made by the Legislature of the State shall prevail, and the Jaw made by the Legislature of the State shall to the extent of the repugnancy, but so long only as the law made by Parliament continues to have effect, be inoperative. 5 Power of Parliament to legislate for one or more States by consent and adoption of such legis- lation by any other State. 229. (1) If it appears to the Legislature or Legis- latures of one or more States to be desirable that any of the matters with respect to which Parliament has no power to make laws for the State or States except as provided in articles 226 and 227 of this Constitu- tion should be regulated in such State or States by Parliament by law, and a resolution or resolutions to that effect is or are passed by the House or, where there are two Houses, by both the Houses of the Legislature of the State or of each of the States, it shall be lawful for Parliament to pass an Act for regulating that matter accordingly, and any Act so passed shall apply to such State or States and to any other State by which it is adopted afterwards by resolution passed in that behalf by the House or. where there are two Houses, by each of the Houses of the Legislature of that State. 10 15 20 *(2) Any Act so passed by Parliament may be amended or repealed by an Act of Parliament passed or adopted in like manner but shall not, as respects any State to which it applies, be amended or repealed by an Act of the Legislature of that State. 25 Legislation for giving effect to in- ternational agreements. **230. Notwithstanding anything in the fore- going provisions of this Chapter, Parliament has power to make any law for any State or part thereof for implementing any treaty, agreement or conven- tion with any other country or countries. 30 * The Committee is of opinion that an Act passed by Parlia- ment with the consent of the States should not he allowed to be amended or repealed by any Act of the Legislature of any State to which it applies, but should be amended or repealed only by an Act of Parliament passed or adopted in the same manner in which the principal Act was passed or adopted. This is in con- formity with the provisions of section 51 ( xxxvii) read with section 109 of the Commonwealth of Australia Constitution Act. ** The Committee is of opinion that Parliament should have unfettered power to make any law for any State or part thereof for implementing any treaty, agreement or convention with any foreign country or countries. THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 241 209THE DRAFT CONSTITUTION

Inconsistency between laws made by Parliament and laws made by the Legislatures of States. 231. (1) If any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament is competent to enact, or to any provision of any existing law regarding a matter with respect to which Parliament has power to make laws, then, subject to the provisions of clause (2) of this article, the law made by Parliament, whether passed before or after the law made by the Legislature of such State or, as the case may be, the existing law shall prevail and the law made by the Legislature of the State shall, to the extent of the repugnancy, be void. 5 10 (2) Where a law made by the Legislature of a State for the time being Specified in Part I of the First Schedule with respect to one of the matters enumerated in the Concurrent List contains any provision repugnant to the provisions of an earlier law made by Parliament or any existing law with respect to that matter, then the law so made by the Legislature of such State shall, if it has been reserved for the consideration of the President and has received his assent, prevail: 15 20 Provided that nothing in this clause shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repeating the law so made by the Legislature of the State. 25 Restriction on Legislative Powers Requirements as to recommenda- tions to be regarded as matters of procedure only. 232. No Act of Parliament or of a Legislature of a State for the time being specified in Part I of the First Schedule and no provision in any such Act shall be invalid by reason only that some recom- mendation required by this Constitution was not given, if assent to that Act was given— 30 (a) where the recommendation required was that of the Governor, either by the Governor or by the President; 35 (b) where the recommendation required was that of the President, by the President. 242 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 210 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

CHAPTER II—Administrative Relations General Obligation of States and the Union. 233. The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for this purpose. 5 10 Duty of States not to impede or prejudice authority of the Union. 234. (1) The executive power of every State shall be so exercised as not to impede or prejudice the exer- cise of the executive power of the Union, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose. 15 (2) The executive power of the Union shall also extend to the giving of directions to a State as to the construction and maintenance of means of commu- nication declared in the direction to be of national or military importance: 20 Provided that nothing in this clause shall be taken as restricting the power of Parliament to declare highways or waterways to be national high- ways or national waterways or the power of the Union with respect to the highways or waterways so declared or the power of the Union to construct and maintain means of communication as part of its functions with respect to naval, military and air force works. 25 30 Power of the Union to confer powers, etc. on States in certain cases. 235. (1) Notwithstanding anything in this Cons- titution, the President may with the consent of the Government of a State, entrust either conditionally or unconditionally to that Government or to its officers functions in relation to any matter to which the executive power of the Union extends. 35 (2) A law made by Parliament which applies in any State may, notwithstanding that it relates to a matter with respect to which the Legislature of the State has no power to make laws, confer powers and 40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 243 211THE DRAFT CONSTITUTION

impose duties, or authorise the conferring of powers and the imposition of duties, upon the State or officers and authorities thereof. (3) Where by virtue of this article powers and duties have been conferred or imposed upon a State or officers or authorities thereof, there shall be paid by the Government of India to the State such sum as may be agreed or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of India in respect of any extra costs of administration incurred by the State in connection with the exercise of those powers and duties. 5 10 Power of the Union to un- dertake legis- lative, exe- cutive or judicial functions in certain States. 236. (1) The Government of India, may by agree- ment with any State for the time being specified in Part III of the First Schedule, but subject to the provisions of this Constitution in regard to the rela- tionship between the Union and such State, undertake any executive, legislative or judicial functions vested in that State. 15 (2) The Government of India may also enter into such an agreement with the Government of any Indian State not specified for the time being in the First Schedule, but every such agreement shall be subject to, and governed by, the law relating to the exercise of foreign jurisdiction for the time being in force. 20 25 Explanation.—In this clause, the expression “Indian State” means any territory, not being part of the territory of India which the President recog- nises as being such a State. 30 (3) If an agreement entered into with any State under clause (1) of this article provides for any matter with respect to which provision has been already made in an agreement entered into with such a State under article 237 of this Constitution by the Government of any State for the time being specified in Part I of the First Schedule, then the latter agree- ment shall, in so far as it provides for such matter, be deemed to be revoked and of no effect on and from the date of conclusion of the former agreement. 35 40 (4) On an agreement under clause (1) of this article being concluded between the Union and a State for the time being specified in Part III of the First Schedule— 244 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 212 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES