Vol. 13 · pages 246–250

(a) the executive power of the Union shall extend to any matter specified in that behalf in such agreement; (b) Parliament shall have power to make laws with respect to any matter specified in that behalf in such agreement; and 5 (c) the Supreme Court of India shall, subject to the provisions of clause (2) of article 114 of this Constitution, have jurisdic- tion with respect to any matter specified in that behalf in such agreement. 10 Power of States in Part I of the First Schedule to undertake legislative, executive or judicial functions in a State in Part III of the First Schedule. 237. (1) It shall be competent for the Government of a State for the time being specified in Part I of the First Schedule with the previous sanction of the President to undertake, by an agreement made in that behalf with any State for the time being speci- fied in Part III of the First Schedule, any legisla- tive, executive or judicial functions vested in the latter State, if such agreement relates to a matter which is enumerated in the State List or the Con- current List. 15 20 (2) On an agreement under clause (I) of this article being concluded between a State for the time being specified in Part I of the First Schedule and a State for the time being specified in Part III of that Schedule— 25 (a) the executive power of the State specified in Part I of the said Schedule shall extend to any matter specified in that behalf in such agreement; 30 (b) the Legislature of the State specified in Part I of the said Schedule shall have power to make laws with respect to any matter specified in that behalf in such agree- ment; and 35 (c) the High Court and other appropriate courts in the State specified in Part I of the said Schedule shall have jurisdiction with respect to any matter specified in that behalf in such agreement. 40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 245 213THE DRAFT CONSTITUTION

Public acts, records and judicial pro- ceedings. *238. (1) Full faith and credit shall be given throughout the territory of India to public acts, records and judicial proceedings of the Union and of every State. (2) The manner in which and the conditions under which the acts, records and proceedings referred to in clause (1) of this article shall be proved and the effect thereof determined shall be as provided by law. 5 (3) Final judgments or orders delivered or passed by civil courts in any part of the territory of India shall be capable of execution anywhere within that territory according to law: 10 Provided that the provisions of clauses (1) and (3) of this article shall not apply to public acts, records and judicial proceedings of, and the final judgment or order delivered or passed by civil courts in, any State for the time being specified in Part III of the First Schedule unless Parliament has, under the terms of any agreement entered into in that behalf by such State with the Union, power to make laws with respect to the matters enumerated in entries 2, 4 and 5 of the Concurrent List. 15 20 Interference with Water-Supplies Complaints as to inter- ference with water supp- lies 239. If it appears to the Government of any State for the time being specified in Part I or Part III of the First Schedule that the interests of that State, or of any of the inhabitants thereof, in the water from any natural source of supply in any State have been, or are likely to be affected prejudicially by— 25 30 (a) any executive action or legislation taken or passed, or proposed to be taken or passed; or * The Committee is of opinion that this article should more- appropriately be included in this Chapter than in Part III dealing with Fundamental Rights. The Committee is further of opinion that effect ought not to be given to the provisions of this article in relation to every State for the time being specified in Part III of the First Schedule as the laws relating to subjects, such as Civil Procedure, Criminal Pro- cedure and Evidence, enumerated in the Concurrent List may be different in different States. The Committee has therefore revised this clause so as to restrict its application only to such of those States as have acceded to the Union in respect of such subjects in the Concurrent List. 246 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 214 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

(b) the failure of any authority to exercise any of their powers. with respect to the use, distribution or control of water from that source, the Government of the State may complain to the President. 5 Decision of complaints. 240. (1) If the President receives such a com- plaint as aforesaid, he shall, unless he is of opinion that the issues involved are not of sufficient import- ance to warrant such action, appoint a Commission consisting of such persons having special knowledge and experience in irrigation, engineering, administration, finance or law as he thinks fit, and request that Commission to investigate in accordance with such instructions as he may give to them, and to report to him on the matters to which the com- plaint relates, or such of those matters as he may refer to them. 10 15 (2) A Commission so appointed shall investigate the matters referred to them and present to the Presi- dent a report setting out the facts as found by them and making such recommendations as they think proper. 20 (3) If it appears to the President upon considera- tion of the Commission’s report that anything therein contained requires explanation, or that he needs guidance upon any point not originally referred by him to the Commission, he may again refer the matter to the Commission for further investigation and a further report. 25 (4) For the purposes of assisting a Commission appointed under this article in investigating any matters referred to them, the Supreme Court, if requested by the Commission so to do, shall make such orders for the purposes of the proceedings of the Com- mission as they may make in the exercise of the jurisdiction of the court. 30 35 (5) The report of the Commission shall include a recommendation as to the Government or persons by whom the expenses of the Commission and any costs incurred by any State or persons in appearing before the Commission are to be paid and as to the amount of any expenses or costs to be so paid; and an order made by the President under this article, in so far as it relates to expenses or costs, may be enforced as if it were an order made by the Supreme Court. 40 45 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 247 215THE DRAFT CONSTITUTION

(6) After considering any report made to him by the Commission the President shall, subject as herein- after provided, make orders in accordance with the report, (7) If upon consideration of the Commission’s report the President is of opinion that anything therein contained involves a substantial question of law. he shall refer the question to the Supreme Court under article 119 of this Constitution and on receipt of the opinion of the Supreme Court thereon shall, unless the Supreme Court has agreed with the Com- mission’s report, return the report to the Commission together with the opinion and the Commission shall thereupon make such modifications in the report as may be necessary to bring it in accord with such opinion and present the report as so modified to the President. 5 10 15 (8) Effect shall be given, in any State affected, to any order made under this article by the President, and any Act of the Legislature of a State which is repugnant to the order shall, to the extent of the repugnancy, be void. 20 (9) The President, on application made to him by the Government of any State affected, may at any time, if a Commission appointed as aforesaid so recommend, vary any order made under this article. 25 Interference with water supplies of States in Part II of the First Sche- dule. 241. If it appears to the President that the interests of any State for the time being specified in Part II of the First Schedule, or of any of the inhabitants of such a State, in the water from any natural source of supply in any State for the time being specified in Part I or Part III of the First Schedule have been or are likely to be affected pre- judicially by— 30 (a) any executive action or legislation taken or passed, or proposed to be taken or passed; or 35 (b) the failure of any authority to exercise any of their powers, with respect to the use, distribution or control of water from that source, he may, if he thinks fit, refer the matter to a Commission appointed in accordance with the provisions of the last preceding article and 40 248 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 216 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

thereupon those provisions shall apply as if the State for the time being specified in Part II of the First Schedule were a State for the time being specified in Part I of that Schedule and as if a complaint with respect to the matter had been made by the Govern- ment of that State to the President. 5 Jurisdiction of courts ex- cluded. 242. Notwithstanding anything in this Constitu- tion, neither the Supreme Court nor any other court shall have jurisdiction to entertain any action or suit in respect of any matter, if action in respect of that matter might have been taken under any of the three last preceding articles by the Government of a State or the President. 10 Inter-State Trade and Commerce Prohibition of preference or discrimination to one State over another by any law or regulation relating to trade or commerce. *243. No preference shall be given to one State over another nor shall any discrimination be made between one State and another by any law or regula- tion relating to trade or commerce, whether carried by land, water or air. 15 Restriction on trade, commerce and intercourse between States. *244. Notwithstanding anything contained in article 16 or in the last preceding article of this Constitution, it shall be lawful for any State— 20 (a) to impose on goods imported from other States any tax to which similar goods manufactured or produced in that State are subject, so, however, as not to dis- criminate between goods so imported and goods so manufactured or produced; and 25 (b) to impose by law such reasonable restrictions on the freedom of trade, commerce or intercourse with that State as may be required in the public interests; Provided that during a period of five years from the commencement of this Constitution the provisions 30 * The Committee is of opinion that the provisions contained in articles 243 and 244 should more appropriately be included in this Chapter than in Part HI dealing with Fundamental Rights. THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 249 217THE DRAFT CONSTITUTION