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Vol. 13 · pages 326–330

The Principal Architect of the Constitution of India

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SEVENTH SCHEDULE. [Article 217.] LIST I—Union List *1. The defence of the territory of India and of every part thereof and generally all preparation for defence as well as all such acts as may be conducive in times of war to its successful prosecution and after its termination to effective demobilisation. 5 2. Central Intelligence Bureau. 3. Preventive detention in the territory of India **for reasons connected with defence, external affairs or the secu- rity of India. 10 ***4. The raising, training, maintenance and control of the Naval, Military and Air Forces of the Union and their employment; the strength, organisation and control of the armed forces raised and employed in States for the time being specified in Part III of the First Schedule. 15 5. Industries declared by Parliament by law to be neces sary for the purpose of defence or for the prosecution of war. 6. Naval, Military and Air Force works. 20 7. Local self-government in cantonment areas, the consti- tution and powers within such areas of cantonment authori- ties, the regulation of house accommodation in such areas and the delimitation of such areas. 8. Arms, firearms, ammunition and explosives. 25 9. Atomic energy and mineral resources essential to its production. * The Committee has omitted the entry ‘Requisitioning of lands for defence purposes including training and manoeuvres’ as the matter will be covered by entry 43. ** The words ‘reasons connected with defence, external affairs or the secu- rity of India have been substituted for the words ‘reasons of State’ in this entry to avoid conflict with entry 1 of the State List relating to preventive detention for reasons connected with the maintenance of public order. *** This follows the entry as adopted by the Constituent Assembly, but the Chairman of the Drafting Committee strongly feels that the second part of the entry relating to armed forces in States in Part III of the first Schedule should be deleted in order to preclude such States from maintaining any armed forces of their own. THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 324 293THE DRAFT CONSTITUTION

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10. Foreign Affairs; all matters which bring the Union into relation with any foreign country. 11. Diplomatic, consular and trade representation. 12. United Nations Organisation. 13. Participation in international conferences, associa- tions and other bodies and implementing of decisions made thereat. 5 14. War and Peace. 15. The entering into and implementing of treaties and agreements with foreign countries. 10 16. Foreign jurisdiction. 17. Trade and Commerce with foreign countries. 18. Foreign loans. 19. Citizenship, naturalisation and aliens. 20. Extradition. 15 21. Passports and visas. 22. Piracies, felonies and offences against the law of na- tions committed on the high seas and in the air. 23. Admission into, and emigration and expulsion from the territory of India, 20 24. Pilgrimages to places beyond India. 25. Port quarantine; seamen’s and marine hospitals, and hospitals connected with port quarantine. 26. Import and export across customs frontiers as defined by the Government of India. 25 27. *Posts and telegraphs. 28. **Telephones, wireless, broadcasting and other like forms of communication. 29. Post Office Savings Bank. 30. Airways; aircraft and air navigation; provision of aerodromes; regulation and organisation of air traffic and of aerodromes; provision for aeronautical education and train- ing and regulation of such education and training provided by States and other agencies. 30 * For restrictions on the power of Parliament to make laws with respect to ‘Posts and telegraphs’ in relation to States for the time being specified in Part III of the First Schedule, see article 224 (a). **For restrictions on the power of Parliament to make laws with res- pect to ‘Telephones, wireless, broadcasting and other like forms of comma- nication’ in relation to States for the time being specified in Part III of the First Schedule see article 224 (b). 325 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 294 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

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31. National highways declared to be such by Parliament by law. 32. Shipping and navigation on inland waterways, declared by Parliament by law to be national waterways, as regards mechanically propelled vessels, and the rule of the road on such waterways; carriage of passengers and goods cm such waterways. 5 33. Maritime shipping and navigation, including ship- ping and navigation on tidal waters; provision of education and training for the mercantile marine and regulation of such education and training provided by States and other agencies. 10 34. Admiralty jurisdiction. 35. Ports declared to be major ports by or under law made by Parliament or existing law including their delimitation and the constitution and powers of port authorities therein. 15 36. Lighthouses, including lightships, beacons and other provision for the safety of shipping and aircraft. 37. Carriage of passengers and goods by air or by sea. 38. Union railways; the regulation of all railways other than minor railways in respect of the safety, maximum and minimum rates and fares, station and service terminal charges, interchange of traffic and the responsibility of railway administrations as carriers of goods and passengers; the regu- lation of minor railways in respect of safety and the respon- sibility of the administrations of such railways as carriers of goods and passengers. 20 25 39. The institutions known on the 15th day of August, 1947, as the Imperial Library, the Indian Museum, the Imperial War Museum, the Victoria Memorial and any other institution financed by the Government of India wholly or in part and declared by Parliament by law to be an institution of national importance. 30 40. The institutions known on the 15th day of August, 1947, as the Benares Hindu University and the Aligarh Mus- lim University. 35 41. The Survey of India, the Geological, Botanical and Zoological Surveys of India; Union Meteorological organi- sations. 42. Property of the Union and the revenue therefrom, but as regards property situated in a State subject always to legis- lation by the State, save in so far as Parliament by law other- wise provides. 40 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 326 295THE DRAFT CONSTITUTION

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*43. Acquisition or requisitioning of property for the pur- poses of the Union subject to the provisions of List III with respect to regulation of the principles on which compensation is to be determined for property acquired or requisitioned for the purposes of the Union. 5 44. Reserve Bank of India. 45. Public debt of the Union. 46. Currency, foreign exchange, coinage and legal tender. 47. Banking. 48. Cheques, bills of exchange, promissory notes and other like instruments. 10 49. Insurance. **50. Corporations, that is to say, the incorporation, regulation and winding up of trading corporations, includ- ing banking, insurance and financial corporations but not including co-operative societies, and of corporations, whether trading or not, with objects not confined to one State, but not including universities. 15 51. Patents, copyright, inventions, designs, trademarks and merchandise marks. 20 ***52. Constitution, organisation, jurisdiction and powers of the Supreme Court and fees taken. 53. Extension of the jurisdiction of a High Court having its principal seat in any State within the territory of India except the States for the time being specified in Part III of the First Schedule to, and exclusion of the jurisdiction of any such High Court from, any area outside that State. 25 54. Jurisdiction and powers of all courts, other than the Supreme Court, with respect to any of the matters in this List. *The Committee is of opinion that the principle on which compensation is to be paid for the acquisition or the requisitioning of property should be the subject-matter of the Concurrent List and this entry has been revised accordingly and a new entry 35 has been inserted for the purpose in the Concurrent List. ** For restrictions on the power of Parliament to make laws with respect to ‘Corporations’ in relation to States for the time being specified in Tart III of the First Schedule, see article 224 (c). *** The Committee is of opinion that the reference to ‘Federal Judiciary’ should be omitted from this entry as there should not be parallel Judiciaries in the Union. The Committee has, however, inserted a new article 219 providing power to Parliament to establish additional courts for the better administration of the laws made by Parliament and existing laws with res- pect to matters in the Union List on the lines of Section 101 of the British North America Act, 1867. 327 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 296 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

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55. Census. 56. Inquiries, surveys, and statistics for the purposes of the Union. 57. Union agencies and institutes for the following pur- poses, that is to say, for research, for professional or techni- cal training, or for the promotion of special studies. 5 58. Union Public Services and Union Public Service Com- mission. 59. Industrial disputes concerning Union employees. *60. Ancient and Historical Monuments declared by Par- liament, by law to be of national importance; archaeological sites and remains. 10 61. Establishment of standards of weight and measure. 62. Opium, so far as regards cultivation and manufac- ture, or sale for export. 63. Petroleum and other liquids and substances declared by Parliament by law to be dangerously inflammable, so far as regards possession, storage and transport. 15 64. Development of industries where development under the control of the Union is declared by Parliament by law to be expedient in the public interest. 20 65. Regulation of labour and safety in mines and oilfields. 66. Regulation of mines and oilfields and mineral deve- lopment to the extent to which such regulation and develop- ment under the control of the Union is declared by Parlia- ment by law to be expedient in the public interest. 25 67. Extension of the powers and jurisdiction of members of a police force belonging to any part of a State for the time being specified in Part I or Part II of the First Schedule to any area in any other State so specified, but not so as to enable the police of one part to exercise powers and jurisdiction else- where without the consent of the government of the State; extension of the powers and jurisdiction of members of a force belonging to any State to railway areas outside that State. 30 68. Elections to Parliament and of the President and De- puty President; and Election Commission to superintend, direct and control such elections. 35 *The Committee is of opinion that Ancient and Historical Monuments declared by Parliament by law to be of national importance should be men- tioned in this entry and not any and every Ancient and Historical Monu- ment. THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 328 297THE DRAFT CONSTITUTION