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Vol. 13 · pages 296–300

The Principal Architect of the Constitution of India

This text was extracted automatically from the official PDF of Dr. Babasaheb Ambedkar: Writings and Speeches, so it may contain small errors. Always check the original page before quoting.

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FIRST SCHEDULE [Articles 1 and 4] THE STATES AND THE TERRITORIES OP INDIA *Part I The territories known immediately before the commence- ment of this Constitution as the Governors’ Provinces of— 5 1. Madras, 2. Bombay, 3. West Bengal, 4. The United Provinces, 5. Bihar, 10 6. East Punjab, 7. The Central Provinces and Berar, 8. Assam, 9. Orissa. 15 Part II The territories known immediately before the commence- ment of this Constitution as the Chief Commissioners’ Provinces of— 1. Delhi, 2. Ajmer-Merwara including Panth Piploda, 20 3. Coorg. *The Committee has anxiously considered the question whether Andhra should be specifically mentioned as a separate State in this Sche- dule. There was recently a statement by the Government on this subject, in which it was said that Andhra could be included among the Provinces in the Constitution as was done in the case of Orissa and Sind under the Government of India Act, 1935. Accordingly the Committee was at one stage inclined to mention Andhra as a distinct State in the Schedule. On fuller consideration, however, the Committee feels that the bare mention of the State in the Schedule will not suffice to bring it into being from the commencement of the new Constitution. Preparatory steps will have to be taken immediately under the present Constitution in order that the new State, with all the machinery of government, may be in being from the commencement of the new Constitution. This was what was done in the case of Orissa and Sind under the Act of 1935: they were made into sepa- rate Provinces with effect from April 1, 1936, while the Act came into operation on April 1, 1937. The Committee therefore recommends that a Commission should be appointed to work out or inquire into all relevant matters not only as regards Andhra but also as regards other linguistic regions, with instructions to submit its report in time to enable any new States whose formation it may recommend to be created under section 290 of the Act of 1935 and to be mentioned in this Schedule before the Consti- tution is finally adopted. THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 294 263THE DRAFT CONSTITUTION

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Part III DIVISION A The following Indian States— 1. Mysore, 2. Kashmir, 5 3. Gwalior, 4. Baroda, 5. Travancore, 6. Cochin, 7. Udaipur, 10 8. Jaipur. 9. Jodhpur, 10. Bikaner, 11. Alwar, 15 12. Kotah, 13. Indore, 14. Bhopal, 15. Rewa, 16. Kolhapur, 20 17. Patiala, 18. Mayurbhanj, 19. United State of Kathiawar. DIVISION B* All other Indian States which were within the Dominion of India immediately before the commencement of this Constitution. 25 Part IV The Andaman and Nicobar Islands. * It is not possible to enumerate each of the States because owing to mergers of various kinds many of the States may disappear in larger units. It will be necessary however to enumerate all the States by name before the Constitu- tion is finally adopted. 295 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 264 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

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SECOND SCHEDULE [Articles 48 (3), 62 (6), 79, 104, 124 (2), 135 (3), 145 (5), 163 and 197] Part I PROVISIONS AS TO THE PRESIDENT AND THE GOVERNORS OF STATES FOR THE TIME BEING SPECIFIED IN PART I OF THE FIRST SCHEDULE 5 1. There shall be paid to the President and to the Governors of the States for the time being specified in Part I of the First Schedule the following emoluments per mensem, that is to say:— 10 The President ... 5,500 rupees. The Governor of a State ... 4,500 rupees. 2. There shall be also paid to the President and to the Governors the following allowances per mensem during their respective terms of offices to enable them to discharge con- veniently and with dignity the duties of their respective offices, that is to say:— 15 The President ... ______rupees. The Governor of a State ... ______rupees. 20 3. There shall be paid to the President and a Governor an allowance equal to the actual expenses respectively in- curred by them in travelling with their families, if any, and their and their families’ effects to take up the appointment of the President or Governor as the case may be. 25 4. The President and each Governor throughout their respective terms of office shall be entitled without payment of rent or hire to the use of the official residences and of the railway saloons, river craft, air craft and motor cars pro- vided for their respective use and no charge shall fall on them personally in respect of the maintenance thereof. 30 5. While the Vice-President or any other person is dis- charging the functions of the, or is acting as, President, or any person is discharging the functions of the Governor, he shall be entitled to the same emolument and allowance under paragraphs 1 and 2 of this Schedule as the President or the Governor whose functions he discharges or for whom he acts, as the case may be, and during the period he so dis- charges the functions or acts, the provisions of paragraph 4 of this Schedule shall apply to him, but the provisions of paragraph 3 thereof shall not apply to him. 35 40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 296 265THE DRAFT CONSTITUTION

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Part II PROVISIONS AS TO THE MINISTERS FOR THE UNION AND FOR THE STATES IN PART I OF THE FIRST SCHEDULE 6. There shall be paid to the Prime Minister and to each of the other Ministers for the Union such salaries and allowances as were payable respectively to the Prime Minister and to each of the other Ministers for the Dominion immediately before the commencement of this Constitution. 5 7. There shall be paid to the Ministers for any State for the time being specified in Part I of the First Schedule such salaries and allowances as were payable to such Ministers for the corresponding Province immediately before the com- mencement of this Constitution. 10 Part III 15 PROVISIONS AS TO THE SPEAKER AND THE DEPUTY SPEAKER OF THE HOUSE OF THE PEOPLE, AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN OF THE COUNCIL OF STATES AND THE SPEAKER AND THE DEPUTY SPEAKER OF THE LEGISLATIVE ASSEMBLIES OF STATES IN PART I OF THE FIRST SCHEDULE AND THE CHAIRMAN AND THE DEPUTY CHAIRMAN OF THE LEGISLA- TIVE COUNCILS OF SUCH STATES 20 25 8. There shall be paid to the Speaker of the House of the People and the Chairman of the Council of States such salaries and allowances as were payable to the Speaker of the Constituent Assembly of the Dominion of India immediately before the commencement of this Constitution, and there shall be paid to the Deputy Speaker of the House of the People and to the Deputy Chairman of the Council of States such salaries and allowances as were payable respectively to the Deputy President of the Legislative Assembly and to the Deputy President of the Council of State immediately before the fifteenth day of August, 1947. 30 35 9. There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly of a State for the time being specified in Part I of the First Schedule and to 297 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 266 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

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the Chairman and the Deputy Chairman of the Legislative Council of such State such salaries and allowances as were payable respectively to the Speaker and the Deputy Speaker of the Legislative Assembly and the President and the De- puty President of the Legislative Council of the correspond- ing Province immediately before the commencement of this Constitution and where the corresponding Province had no Legislative Council immediately before such commencement there shall be paid to the Chairman and the Deputy Chairman of the Legislative Council of the State such salaries and allowances as the Governor of the State may determine. 5 10 Part IV PROVISIONS AS TO THE JUDGES OF THE SUPREME COURT AND OF THE HIGH COURTS 10. There shall be paid to the judges of the Supreme Court and of each High Court within the territory of India except the States for the time being specified in Part III of the First Schedule in respect of time spent on actual service salary at the following rates per mensem, that is to say:— 15 Chief Justice of the Supreme Court . 5,000 rupees: 20 Any other judge of the Supreme Court . 4,500 rupees: Chiei Justice of a High Court . 4,000 rupees: Any other judge of a High Court . 3,500 rupees: Provided that if a judge of the Supreme Court at the time of his appointment is in receipt of a pension (other than a disability or wound pension) in respect of any previous service under the Government of India or any of its predeces- sor Governments or under the Government of a State for the time being specified in Part I of the First Schedule or any of its predecessor Governments, his salary in respect of service in the Supreme Court shall be reduced by the amount of that pension. 25 30 11. The Chief Justice or any other judge of the Supreme Court or a Chief Justice or any other judge of a High Court within the territory of India except the States for the time being specified in Part III of the First Schedule shall receive such reasonable allowances to reimburse him for expenses Incurred in travelling on duty within the territory of India and shall be afforded such reasonable facilities in connection with travelling as the President in the case of the Chief 35 40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 298 267THE DRAFT CONSTITUTION