Vol. 13 · pages 786–790

753DRAFT CONSTITUTION new article as is now proposed, namely, when the Bill has been tabled for consideration if the Upper House does not finish its consideration within the particular time fixed by this clause, then obviously the right of the Upper House to deal with the matter goes by its own default, and no one can complain ; certainly the Upper House cannot complain. My honourable Friend Pandit Kunzru will therefore see that rather than whittle down the rights of the Upper House the new proposal has given the Upper House rights which the executive could not take away. Pandit Hirday Nath Kunzru : Does this childish explanation satisfy the honourable Member himself ? The Honourable Dr. B. R. Ambedkar : If my honourable Friend chooses to call it childish he may do so, but I have no doubt that the new clause is a greater improvement than the clause as it stood. I am sorry if Pandit Kunzru is not satisfied, but he did not raise any point to which I have not given an explanation. Mr. President : The question is : “That in sub-clause (b) of clause (1) of the proposed article 172, for the words ‘two months’ the words ‘three months be substituted.” The amendment was adopted. Article 172, as proposed and amended, was added to the Constitution. ***** ARTICLE 176 *Mr. President : Then we go to article 176. The Honourable Dr. B. R. Ambedkar : I suggest that it would be better if we take up 83-A and dispose it of. Mr. President : I do not think there is much in article 176. We can take up now. There is hardly any amendment.... [Now there is no amendment to this article 176. Article 176 was adopted and added to the Constitution.] ARTICLE 83-A †Mr. President : Shall we go back now to article 83 ? The Honourable Dr. B. R. Ambedkar : Mr. President, Sir, I move: “That after article 83 the following new article be inserted :— ‘83-A. (1) If any question arises as to whether a member of either House of Parliament has been subject to any of the disqualifications mentioned in clause (1) of the last preceding article, the question shall be referred for the decision of the President his decision shall be final. Decision on question as to disqualify canons of members. * CAD, Vol. IX, dated 1st August 1949. p. 62 †Ibid., p. 62.

754 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES (2) Before giving any decision on any such question, the President shall obtain opinion of the Election Commission and shall act according to such opinion.’ ” This article is a replica, so to say, of article 167-A which we passed the other day which applies to similar cases in the provinces and I do not therefore think that any more explanation will be necessary. [The New Article 83-A was adopted and added to the Constitution] ARTICLE 127-A *Mr. President : I think we had better take up articles 210 and 211. Thereafter we shall come to article 127-A. Shri T. T. Krishnamachari : Either way it does not matter because if this is accepted then article 210 and 211 get automatically dropped. The Honourable Dr. B. R. Ambedkar : Mr. President, Sir, I move:— “That after article 127, the following new article be inserted:— ‘127-A. The reports of the Comptroller and Auditor-General of India relating to the accounts of a State shall be submitted to the Governor or Ruler of the State, who shall cause them to be laid before the Legislature of the State.’” The House will remember, it has now adopted articles whereby the auditing and accounting will become one single institution, so to say, under the authority of the Comptroller and Auditor-General. It is, therefore, necessary that we should make some provision that the reports relating to the audit and accounts of a particular State shall be submitted to the Legislature by the Governor or the Ruler for its consideration and that is what this article provides for. Mr. President: Does any one wish to say anything about this article ? Honourable Members : No. New article 127-A was added to the Constitution ARTICLE 197 †Mr. President : Shall we take up article 212 ? Shri T. T. Krishnamachari : Article 188 may be taken up ; it has got to be deleted. The Honourable Dr. B. R. Ambedkar : I was suggesting that articles 188 and 278 may be taken together. It would be better if the whole thing is explained. Mr. President : Then, we shall taken up article 197. Audit reports relating to accounts of a State. * CAD, Vol. IX, dated 1st August 1949, p. 63 . †Ibid., p. 64.

755DRAFT CONSTITUTION The Honourable Dr. B. R. Ambedkar : Sir, I move : “That for article 197, the following article be substituted:— ‘197. (1) There shall be paid to the Judges of each High Court such salaries as are specified in the Second Schedule. (2) Every Judge shall be entitled to such allowances and to such rights in respect of leave of absence and pensions as may from time to time be determined by or under law made by Parliament, and until so determined, to such allowances and rights as are specified in the Second Schedule : Provided that neither the allowances of a Judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment.’” This section corresponds to the other article which related to the Supreme Court Judges. Mr. President : There is an amendment by Pandit Kunzru. [Amendments 20, 21 and 22 of List I (Second Week) were not moved.] Mr. President : There is no amendment moved to this. 1 shall put to vote the article as moved by Dr. Ambedkar today. The motion was adopted. Article 197 as amended was added to the Constitution. ARTICLE 212 to 214 *Mr. President : Shall we take up article 212 ? The Honourable Dr. B. R. Ambedkar : Sir, I would like articles 212 to 214 to he held over. I think article 275 may be taken up. Shri L. Krishnaswami Bharathi (Madras : General) : Sir, article 212 to 214 are sought to be held over. I think the House would like to have an explanation as to why they are being held over. The Honourable Dr. B. R. Ambedkar : The explanation is this : that we are having the prospect of some of the Settlements coming over to India like Chandernagore and other places. We have to make some provision for them, and this might be the appropriate place where provision for them might be made. It has been just suggested that it is felt that it might be more properly incorporated and so on, Consequently, we want some time to consider that question. Perhaps, we might be in a position to take up these articles even today. Mr. President : Then, we may take up article 188, and in that connection, the other emergency provisions. The Honourable Dr. B. R. Ambedkar: We might also take up article 275 which is also an emergency provision. Salaries, etc of Judges. * CAD, Vol. IX, dated 1st August 1949, p. 65.

756 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Mr. President : Let us take up article 275. Mr. Naziruddin Ahmad : May I rise on a point of order, Sir ? It is very inconvenient for some members to follow the procedure which is being adopted in the House. We have in the agenda paper today some articles which are set down seriatim. It was understood on the last occasion that articles will be taken up in the order laid down in the Order Paper. I do not wish to raise any technical objection ; but the difficulty is that Members have got to come prepared to intelligently take part in the debate. Instead of following a regular procedure even after the recess we had, the House is expected to jump from one article to another backwards and forwards. I submit this is causing some amount of inconvenience and I submit that the House should be asked to proceed in some regular order. Otherwise, there would be no intelligent debate. Mr. President : I am inclined to agree with Mr. Naziruddin Ahmad that it is inconvenient to Members to jump from article 211 to 275. The Honourable Dr. B. R. Ambedkar : I am prepared to take up article 212 and go on. Mr. President : I think that is much better. If anything happens, we can provide for that later on regarding Chandernagore. Let us take up article 212. The Honourable Dr. B. R. Ambedkar : Sir, I move : “That with reference to amendment No. 2713 of the List of Amendments, clause (2) of article 212 be omitted.” The reason why this amendment is being moved is because all provisions with regard to the States specified in Part III are being made separately in a separate Schedule. Consequently it is unnecessary to retain clause (2) here. I also move : “That in clause (1) and the proviso to claue (1) of article 212. for the words ‘Governor or Ruler’, wherever they occur, the expression ‘Government’ be substituted.” Mr. President: We have quite a number of amendments to this article of which notice has been given. I shall take them one by one. ***** [After discussion on various amendments Article 212 as amended by Dr. Ambedkar’s amendment was adopted and added to the Constitution.]

757DRAFT CONSTITUTION ARTICLE 213 The Honourable Dr. B. R. Ambedkar : Sir I move. : “That with reference to amendment No. 2722 of the List of Amendments, for article 213, the following article be substituted :— ‘213. (1) Notwithstanding anything contained in this Constitution Parliament may by law create or continue for any State for the time being specified in Part II of the First Schedule and administered through a Chief Commissioner or Lieutenant Governor— (a) a body, whether nominated, elected or partly nominated and partly elected, to function as a Legislature for the State ; or (b) a council of advisers or ministers or both with such constitution, powers and functions in each case, as may be specified in the law. (2) Any law referred to in clause (1) of this article shall not be deemed to be au amendment of this Constitution for the purposes of article 304 thereof notwithstanding that it contains any provision which amends or has the effect of amending the Constitution.” Sir, the principal change sought to be effected by this amendment is this. In the original Draft the power of creating a body, whether nominated or elected, for purposes of representation and a Council of Advisers or Ministers was a matter which was left to the President. The new Draft gives the power to Parliament and not to the President. That is the only substantial change which has been effected by this new article. Otherwise the provision remains the same. ***** †The Honourable Dr. B. R. Ambedkar (Bombay : General) : Mr. President, Sir, with regard to the amendment moved by my Friend Lala Deshbandhu Gupta, I am quite certain that this is not the place where the amendment properly come in. The amendment also raises a question of principle, namely, that it provides for a weightage in representation to certain areas. Now, the House will remember that at one stage, this question of weightage in representation was debated at considerable length and the House accepted the principle that weightage should not be allowed. However, I might say that by reason of article 67 where certain principles of representation are laid down, it might be possible that if some territories of India are unable to obtain even a single representative by reason of the rule, we will have to make some special provision. We cannot allow by reason of a mathematical rule to deprive any territory of representation in the State. In that connection, this matter Creation or continuance of local Legislatures or Council of Advisers or Ministers. * CAD, Vol. IX, dated 1st August 1949, p. 73. †Ibid., dated 2nd August 1949, pp. 100-01.