Vol. 13 · pages 716–720

683DRAFT CONSTITUTION The Honourable Dr. B. R. Ambedkar : We have now got two Assemblies so to say, the Constituent Assembly sitting as Constituent Assembly and the Constituent Assembly sitting as legislature. We have rules on both sides. I think therefore it would be desirable to retain the words ‘Dominion of India’, so that we could adopt the rules which are prevalent on the other side. Shri Jaspat Roy Kapoor : My submission is that for the words ‘Legislature of the Dominion of India’ we may have the words ‘Constituent Assembly of India’ and the words ‘Legislative’ with in brackets. That is how we have describing our Constituent Assembly when it functions as Legislature. The Honourable Dr. B. R. Ambedkar : We have to use the language of the India Independence Act. We have to restrict ourselves to the terminology of the Act. Mr. President : If it will not create any difficulty, I do not mind it. I will put the amendment moved by Shri Jaspat Roy Kapoor to vote. Shri Jaspat Roy Kapoor : Sir, I seek leave of the House to withdraw it. I do not want it to have the fate of a defeated amendment. Mr. President: If the House grants him leave to withdraw his amendment, it may be withdrawn. [The amendment was, by leave of the Assembly, withdrawn. Article 98 was added to the Constitution.] ***** NEW ARTICLE 98-A *Mr. President: We have notice of an amendment to insert a new article by Dr. Ambedkar. The Honourable Dr. B. R. Ambedkar : I move : “That after article 98, the following new article he inserted :— Regulation by law of procedure in Parliament in relation to financial business. ‘98-A. Parliament may. for the purpose of the timely completion of the financial business, regular by law the procedure of, and the conduct of business in, each House of Parliament in relation to any financial matter or to any Bill for appropriation of moneys out of the Consolidated fund of India’ and. if and in so far as the provision of any law so made is inconsist with any rule made by a House of Parliament under the last preceding article or with any rule or standing order having effect in relation to Parliament under clause (2) of that article, such provision shall prevail.’” Mr. President : As no Member desires to speak on this amendment, I shall put the motion to vote. The motion was adopted. Article 98-A was added to the Constitution. ***** *CAD, Vol. VIII, 10th June 1949, p. 781.

684 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES ARTICLE 173 *Mr. President : ...Dr. Ambedkar may move the next amendment, No. 2464. The Honourable Dr. B. R. Ambedkar : Sir, I move : “That in clause (4) of article 173, alter the words ‘deemed to have been passed’ the words by ‘both Houses in the form in which it was passed’ be inserted.” [The amendment of Dr. Ambedkar was accepted.] Article 173, as amended, was added to the Constitution. ARTICLE 174 †Mr. President: Dr. Ambedkar, there are two amendments in your name Nos. 69 and 70 of List I. These are only to bring this article into line with the provisions which we have already adopted. The Honourable Dr. B. R. Ambedkar : Sir, I move : “That for sub-clause (c) and (d) of clause (1) of article 174, the following be substituted : (c) the custody of the Consolidated Fund or the Contingency fund of the State, the payment of moneys into or the withdrawal of moneys from any such fund; ‘(d) the appropriation of moneys out of the Consolidated Fund of the State’.” and also — “That in sub-clause (e) and (f) of clause (1) of article 174, for the words ‘revenue of the State ‘the words ‘Consolidated Fund of the State’ be substituted.” ‡Mr. President: There are no other amendments to this article. I shall now put it to vote. Shri H. V. Kamath : Does not Dr. Ambedkar want to say anything in the matter ? The Honourable Dr. B. R. Ambedkar : All I can say is that I shall look into the matter when we take up the revision of the Constitution. [Dr. Ambedkar’s amendments were adopted.] ***** #Shri H. V. Kamath : As Dr. Ambedkar has promised to look into the matter, I will leave it to his wisdom. He might exercise it at a later stage. Mr. President : Both the amendments ? The Honourable Dr. B. R. Ambedkar: There is only one amendment. Shri H. V. Kamath : May I ask which one he promised to look into ? Perhaps he will make it clear. *CAD, Vol. VIII, 10th June 1949, p. 782. † Ibid., pp. 782-83. ‡Ibid., p. 783. #Ibid., p. 784.

685DRAFT CONSTITUTION The Honourable Dr. B. R. Ambedkar : Amendment No. 2466. Mr. President : Very well, then, 1 will not put them to vote. Article 174, as amended, was added to the Constitution. ***** *The Honourable Dr. B. R. Ambedkar : I want article 175 to be held over. Shri T. T. Krishnamachari : I suggest articles 175 and 176 may be held over as they affect some problems which the Drafting Committee are still considering. Article 177 may be taken. Mr. President : Then we shall take up article 177. ARTICLE 177 †The Honourable Dr. B. R. Ambedkar : Sir, I move : “That in sub-clauses (a) and (h) of clause (2) of article 177. for the words ‘revenues of the State’ the words ‘Consolidated Fund of the State’ be substituted.” I move: “That in clause (3) of article 177, for the words ‘revenues of each State’, the words ‘Consolidated Fund of each State’ be substituted.” Sir, I also move : “That in sub-clause (b) of clause (3) of article 177, for the word ‘emoluments’ the word ‘salaries’ be substituted.” [Dr. Ambedkar’s all amendments were carried.] ARTICLE 178 ‡The Honourable Dr. B. R. Ambedkar : Sir, I move : “That in clause (1) of article 178, for the words ‘revenues of a State’, the words ‘Consolidated Fund of a State’ be substituted.” (Amendment No. 2490 was not moved). Mr. President : The question is : “That in clause (1) of article 178, for the words ‘revenues of a State’, the words ‘Consolidated Fund of a State’ be substituted.” The amendment was adopted. Mr. President: The question is : “That article 178 as amended, stand part of the Constitution.” The motion was adopted. Article 178, as amended, was added to the Constitution. ARTICLE 179 #The Honourable Dr. B. R. Ambedkar : Sir, I move : “That for article 179, the following be substituted :— Appropriation Bills ‘179. (1) As soon as may be after the grants under the last preceding article have been made by the Assembly there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of the Slate all money required to meet— *CAD, Vol. VIII, 10th June 1949, p. 7S4. † Ibid., p. 784. ‡ Ibid., pp. 785-86. # Ibid., pp. 785-86.

686 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES (a) the grants so made by the Assembly, and (b) the expenditure charged on the Consolidated Fund of the State but not exceeding in any case the amount shown in the statement previously laid before the House or Houses. (2) No amendment shall he proposed to any such Bill in the I louse or either House of the Legislature of the State which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of the State, and the decision of the person presiding as to the amendments which are admissible under this clause shall be final. (3) Subject to the provisions of the next two succeeding articles no money shall be withdrawn from the Consolidated Fund of the State except under appropriation made by law passed in accordance with the provisions of this article’.” Mr. President : There is no other amendment to this article, [The motion was adopted. Article 179, as amended, was added to the Constitution.] ***** ARTICLE 180 *The Honourable Dr. B. R. Ambedkar : Sir I move : “That for article 180, the following article be substituted :— ‘180(1) The Governor shall— Supplementary additional or excess grants. (a) if the amount authorised by any law made in accordance with the provisions of article 179 of this Constitution to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or (b) if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year, cause to be laid before the House or the Houses of the Legislature of the State another statement showing the estimated amount of that expenditure or cause to be presented to the Legislative Assembly of the State a demand for such excess, as the case may be. (2) The provisions of the last three preceding articles shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the consolidated Fund of the State to meet such expenditure or grant.’” Article 180, as amended, was added to the constitution Amendment was adopted ARTICLE 181 †The Honourable Dr. B. R. Ambedkar : Sir, I move : “That for article 181. the following article be substituted : Votes on account, votes on credit and exceptional grants. 181. (1) Notwithstanding anything contained in the foregoing provisions of this Chapter, the Legislative Assembly of a state shall have power. *CAD, Vol. VIII, 10th June 1949, pp. 786-87. †Ibid., pp. 787-88.

687DRAFT CONSTITUTION (a) to make any grant in advance in respect of the estimated expenditure for apart of any financial year pending the completion of the procedure prescribed in article 178 of this Constitution for the voting of such grant and the passing of the law in accordance with the provisions of article 17° of this constitution in relation to that expenditure ; (b) to make a grant for meeting an unexpected demand upon the resources of the State when on account of the magnitude or the indefinite character of the service the demand cannot lie stated with the details ordinarily given in an annual financial statement; (c) to make an exceptional grant which forms no part of the current service of any financial year : and the Legislature of the state shall have power to authorise by law the withdrawal of moneys from the Consolidated Fund of the State for the purposes for which the said grants are made. (2) The provisions of articles 178 and 179 of this Constitution shall have effect in relation to the making of any grant under clause (1) of this article and to any Jaw to be made under that clause as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure.’” [Motion was adopted. Article 181 as amended, was added to the Constitution.] ARTICLE 182 *Mr. President : The question is : “That article 182 form part of the constitution.” The Honourable Dr. B. R. Ambedkar : With your permission, Sir, I seek to move a small amendment. “That in article 182, for the words ‘revenues of the State’ the words ‘Consolidated fund of the State’ be substituted.” Mr. President : There is no other amendment. ***** [The amendment was adopted. Article 182, as amended was added to the Constitution.] ***** ARTICLE 183 †Mr. President: Does anyone else wish to say anything ? The Honourable Dr. B. R. Ambedkar : I do not accept this amendment. (of Mr. Sidhwa) Mr. President: The question is : “That in clause (1) of article 183, the word ‘shall’ be substituted for the word ‘may ‘and the following be added at the end :— ‘within 6 months from the date of the first session of the assembly.’ The amendment of Mr. R. K. Sidhva was negatived. Article 183 was added to the Constitution. ***** *CAD, Vol. VIII, 10th June 1949, p. 788. †Ibid, p. 789. ‡Ibid., p. 790.