Vol. 13 · pages 906–910

873DRAFT CONSTITUTION power to regulate minimum and maximum fares and rates and terminal charges, every State which owned a minor railway, whether it is a State in Part I or Part III, if it was the owner of the particular railway, would be entitled to receive and keep the proceeds of the rates and fares as may be fixed by the Centre. It does not affect the rights of ownership at all. They remain as they are. If the Centre wishes to acquire any minor railway now owned by any State either in Part I or Part III the Union will have to acquire it in the ordinary way. Therefore this is purely a legislative entry. The object of the amendment is to have a uniform law with respect to all matters dealing with railways and it does not affect any question of ownership at all. The question of tramways is however separated from the question of railways. We propose in the Interpretation Clause to define railways in such a manner as to exclude tramways so that the States in Parts I and III will retain the power to regulate tramways in all respects as though they are not covered by ‘railways’. Shri R. K. Sidhva : There is a Minor Railways act which is worked by the Provincial Governments. May I know whether it is intended to repeal that Act and bring it into the Union ? The Honourable Dr. B. R. Ambedkar : Yes, the Union will have power to abrogate that Act, make any other law or retain it if it so feels. It is only an enabling entry which will enable the centre either to make different laws regulating the major and minor railways or make one single law regulating all railways irrespective of whether they are major railways or minor railways. Shri R. K. Sidhva : Then the minor railways will be governed by the Minor Railways Act ? The Honourable Dr. B. R. Ambedkar : Yes, the existing law will continue until Parliament changes it. This is merely to give power to the Parliament to change it. Mr. President : I would now put entry 38 to the vote. I am told there is an amendment which I have received this morning after nine. I am afraid I cannot accept it. [Entry 38, as amended by Dr. Ambedkar’s amendment, was added to the Union List.] ENTRY 39 *The Honourable Dr. B. R. Ambedkar : Sir, I move : “That for entry 39 of List I. the following entry be substituted :— *CAD, Vol. IX. 30th August 1949. p. 758.

874 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES ‘39. The institutions known on the date of commencement of this Constitu tion as the National Library, the Indian Museum, the Imperial War Museum, the Victoria Memoraial, the Indian war 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.’ ” The substance of the entry is the same as it exists at present, except for a few verbal changes which have taken place in the nomenclature of the institutions subsequent to the 15th August 1947. Shri B. Das (Orissa : General) : When the Constitution comes into force, will the name “Imperial War Museum” be changed to “National War Museum” as “Imperial Library” has been changed to “National Library” ? The Honourable Dr. B. R. Ambedkar : I understand that the “Im perial Library” has been changed to “National Library”, but the Imperial War Museum retains its existing name. These descriptions are intended merely to identify the institutions, whenever Parliament wishes to make any law about them. Shri B. Das : I want to know whether when the Constitution comes into force and the Adaptations are made, the word “Imperial” will go. I expect words like “His Majesty’s Government”, “The Crown” etc., will vanish. Honourable Dr. B. R. Ambedkar : Adaptations will apply to laws and not to names. Mr. President : This entry gives the right to the Central Legislature to change the names. There is an amendment to this by Mr. Naziruddin Ahmad, No. 160. ***** The Honourable Dr. B. R. Ambedkar : I do not think that much explanation is necessary as to why I cannot accept the amendment of Mr. Naziruddin Ahmad. As you will see the entry really falls into two parts. In the first part it deals with specific institutions which are enumerated therein. In the second part it deals with institutions which are either financed by the Government of India, wholly or in part. Therefore, it is not possible to use the words “similar” because that would circumscribe the object of the entry, which is to give the Central Government power to take over any institution which is either financed by itself or financed partly by itself and partly by the Provinces. *CAD, Vol. IX, 30th August 1949, p. 760.

875DRAFT CONSTITUTION [Out of 3 amendments by Mr. Naziruddin Ahmed, 2 were not passed by him and one was rejected with Dr. Ambedkar’s amendment, Entry 39 was added to the Union List.] ***** ENTRY 40 *The Honourable Dr. B. R. Ambedkar : Sir, I move : “That for entry 40 of List I, the following entry be substituted :— ‘40. The institutions known on the date of commencement of this Constitution as the benares Hindu University, the Aligarh Muslim University, and the Delhi University and any other institution declared by Parliament by law to be an institution of national importance.’ ” I submit the word “university” is a mistake and it ought to be “institution” and I hope you will permit me to substitute it. There is no fundamental change in this except that the latter part permits also Parliament to take over any institution which it thinks is of national importance. Dr. P. S. Deshmukh : May I suggest that 40-A may also be taken together ? It is part and parcel of the same thing. The Honourable Dr. B. R. Ambedkar : Sir, I move :— “That after entry 40 of List I the following new entry be inserted :— ‘40A. Institutions for scientific or technical education financed by the gov ernment of India wholly or in part and declared by Parliament by law to be institutions of national importance.’ ” ***** †The Honourable Dr. B. R. Ambedkar : Sir, I find my honourable Friends, Mr. Naziruddin Ahmad and Dr. Deshmukh, running at crosspurposes. One wants to enlarge the scope of the article by adding the word “academy”. The other wants to limit the scope of the article by dropping the word “Delhi University and any other institution declared by Parlia ment by law to be an institution of national interest”. So far as Dr. Deshmukh’s amendment is concerned, it seems to me quite unnecessary to introduce the word “academy” because the word ‘institution’ is large enough to include both University and academy. Therefore, that is quite unnecessary. With regard to the amendment of my honourable friend Mr. Naziruddin Ahmad, Delhi University is as was pointed out by him already under the central Legislature by virtue of the fact that the Delhi University is in a commissioner’s province, which is subject to the legislation of the centre. Therefore, in introducing the words “Delhi University” we are really not *CAD, Vol. IX, 30th August 1949, p. 761. †Ibid., p. 767.

876 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES departing from the existing state of affairs. With regard to the subsequent part of the entry relating to any other institution declared b y law by Parliament, it seems to me, that it is desirable to retain those words, because there might be institutions which are of such importance from a cultural or from a national point of view and whose financial position may not be as sound as the position of any other institution and may require the help and assistance of the centre. In view of that, I think the last part of the entry is necessary and I am not prepared to accept his amendment. Now with regard to my honourable friend, Mr. Kamath, he wanted to introduce the words “research institution”. He has forgotten, or probably is attention has not been drawn to my amendment dealing with entry No. 57-A which deals with research institutions. Of course, that entry is limited to coordination and maintenance of standards. Mr. Kamath has, perhaps, in mind agencies established by the provinces and which it may be desirable for the Centre to take over. It seems to me that it is no use overloading the Centre with every kind of institution. It would be enough if, as I said, the provisions contained in 57A were allowed to pass because that will give the Centre enough power to maintain by law coordination and the maintenance of standards for higher education in scientific and technical institutions. I think that ought to suffice for the present. Mr. President : I will now put the amendments. (All 3 amendments were negatived.) [Entry 40, as amended by Dr. Ambedkar’s amendment, was added to the Union List.] ***** ENTRY 41 *The Honourable Dr. B. R. Ambedkar : Sir, I move : “That in entry 41 of List I for the words “and Zoological” the words “Zoological and Anthropological” be substituted.” ***** †The Honourable Dr. B. R. Ambedkar : The word “anthropological” is very wide and would cover even “ethnology”. ***** ‡The Honourable Dr. B. R. Ambedkar : Sir, I am afraid my Friend Mr. Sidhva has drawn too much upon the altitude of neglect and indifference shown by the Central Government in the past towards geological surveys in India. I quite admit that hitherto this matter has been neglected *CAD, Vol. IX, 30th August 1949, p. 769. †Ibid., p. 769. ‡Ibid., p. 770.

877DRAFT CONSTITUTION by the Centre, but it does not follow from that that the provinces are going to take any more interest in geology than the Centre has taken hitherto. First of all, this is a matter of very great magnitude involving a great deal of expense and I do not think that the provinces will be able to find the resources to develop the minerals which are to be found within their area. From that point of view I think there will be no advantage in transferring geology to the Concurrent List so as to give the provinces an opportunity to legislate about it. The second difficulty I find in accepting his amendment is that we have in the Union List an entry stating that the mineral resources of India may be developed by the Centre. If Parliament were to make a law that the mineral development of the country shall be a central subject obviously there would be very great difficulty created in the way of Parliament executing that law or developing the mineral resources, if the provinces retained with themselves concurrent power of legislation. Therefore, my request to Mr. Sidhva is to allow the entry to remain as it is. Mr. President : Then I put the amendments to vote. The first amendment moved by Mr. Kamath ..... Shri H. V. Kamath : As Dr. Ambedkar assures me that the word “anthropological” includes the word “ethnological”, I accept his superior wisdom and won’t press the amendment. (The amendment was, by leave of the Assembly, withdrawn.) Mr. President : Then Mr. Sidhva’s amendment.. Shri R. K. Sidhva : In view of the assurance given, I beg leave to withdraw the amendment. (The amendment was by leave of the Assembly, withdrawn.) (The amendment of Dr. Ambedkar was adopted.) [Entry 41, as amended, was added to the Union List.] ***** ENTRY 43 *Mr. President: Now we take up entry 43. Dr. Ambedkar has to move an amendment. The Honourable Dr. B. R. Ambedkar : Sir, I move : “That for entry 43 of List I. the following entry be substituted : ‘43. Acquisition or requisitioning of property for the purposes of the Union.’ ” Members will see that the original entry as it stood had other words along with it, namely, the principles of compensation etc. Those words, it is proposed to put in a separate entry in the Concurrent List. So it is *CAD, Vol. IX, 30th August 1949. pp. 771-772.