Vol. 13 · pages 806–810

773DRAFT CONSTITUTION The Honourable Dr. B. R. Ambedkar : It would take me very long now to got into a detailed examination of the whole thing and, referring to each article, say, this is the principle which is established in it and say, if any Government or any legislature of a province does not act in accordance with it, that would act as a failure of machinery. The expression “failure of machinery”, I find has been used in the Government of India Act, 1935. Everybody must be quite familiar therefore with its de facto and de jure meaning. I do not think any further explanation is necessary. Shri H. V. Kamath (C. P. & Berar : General) : What about the other amendments moved by Professor Saksena and myself? Is not Dr. Ambedkar replying to them ? The Honourable Dr. B. R. Ambedkar : I do not accept them. I was only replying or referring to those amendments which I thought had any substance in them. I cannot go on discussing every amendment moved. Shri H. V. Kamath : Dr. Ambedkar is answering only verbal amendments moved. Should he not reply to all the amendments moved ? Mr. President : I cannot force Dr. Ambedkar to reply in any particular way. He is entitled to give his reply in his own way. The Honourale Dr. B. R. Ambedkar : In regard to the general debate which has taken place in which it has been suggested that these articles are liable to be abused, I may say that I do not altogether deny that there is a possibility of these articles being abused or employed for political purposes. But that objection applies to every part of the Constitution which gives power to the Centre to override the Provinces. In fact I share the sentiments expressed by my honourable Friend Mr. Gupte yesterday that the proper tiling we ought to expect is that such articles will never be called into operation and that they would remain a dead letter. If at all they are brought into operation, I hope the President, who is endowed with these powers, will take proper precautions before actually suspending the administration of the provinces. I hope the first thing he will do would be to issue a mere warning to a province that has erred, that things were not happening in the way in which they were intended to happen in the Constitution. If that warning fails, the second thing for him to do will be to order an election allowing the people of the province to settle matters by themselves. It is only when these

774 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES two remedies fail that he would resort to this article. It is only in those circumstances he would resort to this article. I do not think we could then say that these articles were imported in vain or that the President had acted wantonly. Shri H. V. Kamath : Is Dr. Ambedkar in a position to assure the House that article 143 will now be suitably amended ? The Honourable Dr. B. R. Ambedkar : I have said so and I say now that when the Drafting Committee meets after the Second Reading, it will look into the provisions as a whole and article 143 will be suitably amended if necessary. Mr. President : I will now put the amendment to vote one after another. The question is : “The article 188 be deleted.” The motion was adopted. Article 188 was deleted from the Constitution. ARTICLE 279 *The Honourable Dr. B. R. Ambedkar : Mr. President, I think there are only two points which have been raised which require a reply. The amendment which has been moved by my Friend Professor Saksena was to the effect that any change in the Fundamental Right should be made by Parliament and not by the State during emergency. Now if my friend were to refer to the provisions of article 13, he himself will find that we have permitted both the Centre and the Provinces to make any changes which may affect the Fundamental Rights provided the changes made by them are reasonable. Therefore under normal circumstances, the authority to make laws affecting Fundamental rights is vested in both and there is no reason why, for instance, this normal right which the State possesses should be taken away during emergency. Prof. Shibban Lal Saksena : But they will be suspended during emergency. The Honourable Dr. B. R. Ambedkar : Suspension comes in another article. This article merely says that power may be exercised by the State—meaning both Parliament as well as the provinces— notwithstanding whatever is said in article 13. * CAD, Vol. IX, dated 4th August 1949, p. 185.

775DRAFT CONSTITUTION Prof. Shibban Lal Saksena : During emergency ? The Honourable Dr. B. R. Ambedkar : Yes. Because that is a normal power even in other cases. When there is no emergency both have got power to legislate on the subject. I see therefore no reason why that power should be taken away during emergency. On the other hand I should have thought that emergency was one of the reasons why such a power should be given to the State. Then with regard to my Friend Mr. Kamath’s criticism that the next article 280, was enough for the purpose, I think that is a misunderstanding of the whole situation, because unless power is given to modify, the suspension has no consequence at all. Therefore article 280 deals with quite a separate matter and has nothing to do with this article. This article should be accepted in the form in which it is proposed. Mr. President : I will put the amendments to vote. [3 amendments were negatived. Article 279 was added to the Constitution.] ARTICLE 280 *Mr. President : Then we take up article 280. Amendment No. 3028—Dr. Ambedkar. The Honourable Dr. B. R. Ambedkar : Sir, I move : “That for the existing article 280, the following article be substituted :— ‘280. Where a Proclamation of Emergency is in operation, the President may by order declare that the right to move any court for the enforcement of the rights conferred by Part III of this Constitution and all proceedings pending in any court for the enforcement of any right so conferred shall remain suspended for the period during which the Proclamation is in operation or for such shorter period as may be specified in the order.’” The House will see that this article 280 is really an improvement on the original article 280. The original article 280 provided that the order of the President suspending the operation of article 25 should continue for a period of six months after the proclamation has ceased to be in operation. That is to say, that the guarantee such as habeas corpus, writs and so on, would continue to be suspended even though the necessity for suspension had expired. It has been felt that there is no reason why this suspension of the guarantee should continue beyond the necessities of the case. In fact the situation may so improve that the guarantees may become operative even though the Proclamation has not ceased to be in operation. In order, therefore, to permit that the suspension order shall not continue beyond the Proclamation, and may even come to an end much before the time the Proclamation has ceased * CAD, Vol. IX, date 4th August 1949, p. 186.

776 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES to be in force, this new draft has been presented to this Assembly, and I hope the Assembly will have no difficulty in accepting this. ***** *The Honourable Dr. B. R. Ambedkar : May I say a word ? In view of the point that has been made as to whether the suspension of the proceedings should take place by the order of the President which of course means on the advice of the Executive, which of course also means that the Executive has the confidence of the Legislature, there is no doubt a difference of opinion as to whether suspension should take place by an act of the Executive or by law made by Parliament. I should like therefore that this article may be held over to provide the Drafting Committee opportunity to consider the matter. We might take up the other articles. Mr. President : This article may be held over. Then we shall go to article 247. ARTICLE 247 †The Honourable Dr. B. R. Ambedkar : Sir, I move that— “That for the heading to the articles commencing with article 247, the following heading be substituted :— ‘General’” Mr. President : I do not suppose any discussion of that is required. The question is : “That for the heading to the articles commencing with article 247, the following heading be substituted :— ‘General’” The motion was adopted. ***** Mr. President : Does anyone wish to speak ? The Honourable Dr. B. R. Ambedkar : All that I need say is that those words are included by way of ‘abundant caution’. It may be they may be unnecessary, but it may be they may be found necessary. We want to retain those words. ***** Article 247 was added to the Constitution. ARTICLE 248 ‡Mr. President : Then we take up article 248. The Honourable Dr. B. R. Ambedkar : Sir, I move : “That for article 248, the following articles be substituted :— “248. No tax shall be levied or collected except by authority of law. * CAD, Vol. IX, dated 4th August 1949, p. 198. † Ibid. pp. 198-99. ‡ Ibid., p. 199. Taxes not to be imposed save by authority of Law.

777DRAFT CONSTITUTION 248-A. (1) Subject to the provisions of this Chapter with respect to the assignment of the whole or part of the net proceeds of certain taxes and duties to States, all revenues or public moneys raised or received by the Government of India shall form one Consolidated Fund to be entitled “the Consolidated Fund of India”, and all revenues or public moneys raised or received by the Government of a State shall form one Consolidated Fund to be entitled “the Consolidated Fund of the State.” (2) No moneys out of the Consolidated Fund of India or of a State shall be appropriated except in accordance with law and for the purposes and in the manner provided in this Constitution.” These amendments are only consequential to what we have already accepted previously. [The Article as amended by the above amendment was adopted and added to the Constitution.] ARTICLE 249 ***** *Mr. President : Any one else who wishes to speak ? (No Member rose.) Dr. Ambedkar, do you wish to say anything ? The Honourable Dr. B. R. Ambedkar (Bombay : General): There is nothing to be said. Mr. President : I shall now put the amendments to vote. The question is : “That in clause (2) of article 249, the words ‘in that year’ be deleted.” The amendment was adopted. Mr. President : The question is : “That in clause (1) of article 249, after the words ‘such stamp duties’ the words ‘as are imposed under any law made by Parliament’ be inserted.” The amendment was adopted. Mr. President : The question is : “That in clause (2) of article 249, for the words ‘revenues of India’ the words ‘Consolidated Fund of India’ be substituted.” The amendment was adopted. Mr. President : The question is : “That article 249, as amended, stand part of the Constitution.” The motion was adopted. (Article 249 as amended, was added to the Constitution.) ARTICLE 250 †Mr. President : The motion is : “That article 250, form part of the Constitution.” (Amendments Nos. 2842 to 2850 were not moved.) Shri R. K. Sidhva (C. P. & Berar: General): Mr. President, I move : “That at the end of article 250, the following be added : “The net proceeds of said distribution shall be assigned by the States to the local authorities in the jurisdiction’.” Consolidated Fund. * CAD, Vol. IX, dated 4th August 1949, p. 208. † Ibid., p. 209.