Vol. 13 · pages 286–290

PART XVI Amendment of the Constitution Procedure for amendment of the Constitution. 304 (1) An amendment of the Constitution may be initiated by the introduction of a Bill for the pur- pose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, it shall be presented to the Presi- dent for his assent and upon such assent being given to the Bill, the Constitution shall stand amended in accordance with the terms of the Bill: 5 10 Provided that if such amendment seeks to make any change in— *(a) any of the Lists in the Seventh Schedule; 15 (b) the representation of States in Parliament; or (c) the powers of the Supreme Court, the amendment shall also require to be ratified by the Legislatures of not less than one-half of the States for the time being specified in Part I of the First Schedule and the Legislatures of not less than one-third of the States for the time being specified in Part III of that Schedule. 20 **(2) Notwithstanding anything in the last pre- ceding clause, an amendment of the Constitution seeking to make any change in the provisions of this Constitution relating to the ***method of choosing a Governor or the number of Houses of the 25 *The Committee is of opinion that item (a) of the proviso to clause (1) of this article should contain reference to all the Lists in the Seventh Schedule. **The Committee is also of opinion that provision should be included in this article for enabling the Legislature of a State in Part I of the First Schedule to initiate a Bill for the amendment of the provisions of this Constitution relating to the choosing of the Governor and the number of Houses of the Legislature in such State provided such Bill is passed by an absolute majority of the Legislature of such State and is thereafter ratified by Parliament by an absolute majority, and has added clause (2) to this article for the purpose. *** The words “the method of choosing a Governor or” should be retained in this clause only if the second alternative in article 131 is not adopted. THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 285 253THE DRAFT CONSTITUTION

Legislature in any State for the time being specified in Part I of the First Schedule may be initiated by the introduction of a Bill for the purpose in the Legislative Assembly of the State or, where the State has a Legislative Council, in either House of the Legislature of the State, and when the Bill is passed by the Legislative Assembly or, where the State has a Legislative Council, by both Houses of the Legis- lature of the State, by a majority of the total mem- bership of the Assembly or each House, as the case may be, it shall be submitted to Parliament for ra- tification, and when it is ratified by each House of Parliament by a majority of the total membership of that House it shall be presented to the President for assent and upon such assent being given to the Bill, the Constitution shall stand amended in accord- ance with the terms of the Bill. 5 10 15 Explanation.—Where a group of States is for the time being specified in Part III of the First Sche- dule, the entire group shall be deemed to be a single State for the purposes of the proviso to clause (1) of this article. 20 “Reservation of seats for minorities to remain inforce for only ten years unless continued in operation by amendment of the Constitu- tion. 305. Notwithstanding anything contained in article 304 of this Constitution, the provisions of this Constitution relating to the reservation of seats for the Muslims, the Scheduled Castes, the scheduled tribes or the Indian Christians either in Parliament or in the Legislature of any State for the time being specified in Part I of the First Schedule shall not be amended during a period of ten years from the com- mencement of this Constitution and shall cease to have effect on the expiration of that period unless continued in operation by an amendment of the Constitution. 25 30 286 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 254 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

PART XVII Temporary and Transitional Provisions Temporary power to to make laws with respect to certain matters in the State List as if they were matters in the Concur- rent List. *306. Notwithstanding anything in this Constitu- tion, Parliament shall, during a period of five years from the commencement of this Constitution, have power to make laws with respect to the following matters as if they were enumerated in the Concur- rent List, namely;— 5 (a) trade and commerce within a State in, and the production, supply and distribution of, cotton and woollen textiles, paper (including newsprint), foodstuffs (includ- ing edible oil-seeds and oil), petroleum and petroleum products, spare parts of mechanically propelled vehicles, coal, iron, steel and mica; 10 15 (b) relief and rehabilitation of displaced persons; (c) offences against laws with respect to any of the matters mentioned in clauses (a) and (b) of this article, inquiries and statistics for the purposes of any of those matters, jurisdiction and powers of all courts except the Supreme Court with respect to any of those matters, and fees in respect of any of those matters but not including fees taken in any court; 20 25 but any law made by Parliament, which Parliament would not but for the provisions of this article have been competent to make, shall to the extent of the incompetency cease to have effect on the expiration 30 * The Committee is of opinion that in view of the. present conditions regarding the production, supply and distribution of foodstuffs and certain other commodities and the special problem of the relief and rehabilitation of refugee, power should be provided for Parliament to make Jaws with respect to these matters for a period of five years, although normally these matters fall in the State List. Similar power was conferred for a limited period by the India (Central Government and Legislature) Act, 1946. THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 287 255THE DRAFT CONSTITUTION

of the said period except as respects things done or omitted to be done before the expiration thereof. Continuance in force of existing laws and their adaptation. 307. (1) Subject to the other provisions of this Constitution, all the law in force in the territory of India immediately before the commencement of this Constitution shall continue in force therein until altered or repealed or amended by a competent Legislature or other competent authority. 5 (2) The President may, by Order, provide that, as from such date as may be specified in the Order, any law in force in the territory of India or in any part of such territory shall, until repealed or amended by a competent Legislature or other com- petent authority, have effect subject to such adapta- tions and modifications, whether by way of repeal or amendment, as appear to him to be necessary or expedient for bringing the provisions of that law into accord with the provisions of this Constitution and any such adaptation or modification shall not be questioned in any court of law, 10 15 20 Explanation I.—The expression “law in force” in this article shall include a law passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, not- withstanding that it or parts of it may not be then in operation either at all or in particular areas. 25 Explanation II.—Any law passed or made by a Legislature or other competent authority in the territory of India which immediately before the commencement of this Constitution has extra terri- torial effect as well as effect in the territory of India shall, subject to any such adaptations and modifica- tions as aforesaid, continue to have extra-territorial effect. 30 35 Explanation III.—Nothing in this article shall be construed as continuing any temporary Act in force beyond the date fixed for its expiration. 288 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 256 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

Judges of the Federal Court to become judges of the Supreme Court and proceedings pending in the Federal Court or before His Majesty in Counoil to be transferred to the Supreme Court. 308. (1) The judges of the Federal Court holding office immediately before the date of commencement of this Constitution shall, unless they have elected otherwise, become on that date the judges of the Supreme Court and shall thereupon be entitled to such salaries and allowances and to such rights in respect of leave and pensions as are provided for under article 104 of this Constitution in respect of the judges of the Supreme Court. 5 (2) All suits, appeals and proceedings, civil or criminal, pending in the Federal Court at the commencement of this Constitution shall stand re- moved to the Supreme Court, and the Supreme Court shall have jurisdiction to hear and determine the same and the judgments and orders of the Federal Court delivered or made before the com- mencement of this Constitution shall have the same force and effect as if they had been delivered or made by the Supreme Court. 10 15 *(3) On and from the date of commencement of this Constitution the jurisdiction of His Majesty in Council to entertain and dispose of appeals and petitions from or in respect of any decree or order of any court within the territory of India including the jurisdiction in respect of criminal matters exercisable by His Majesty by virtue of His Majesty’s prerogative shall cease, and all appeals and other proceedings pending before His Majesty in Council on the said date shall be transferred to, and disposed of, by the Supreme Court. 20 25 30 (4) Further provision may be made by Parlia- ment by law to give effect to the provisions of this article. *The Committee thinks that all appeals and other proceedings pending before His Majesty-in-Council shall be finally disposed of by the time the Constitution comes into operation. If, however, some appeals or other proceedings remain pending before His Majesty-in-Council at the time of the commencement of the Consti- tution and any difficulty is experienced with regard to their transfer to, or disposal by, the Supreme Court, the President may pass necessary orders under the “removal of difficulties” clause (article 313). THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 289 257THE DRAFT CONSTITUTION