Vol. 13 · pages 926–930

893DRAFT CONSTITUTION ENTRY 63 *Mr. President : ... We may now take up entry 63. The Honourable Dr. B. R. Ambedkar : Mr. President, I am not moving amendment No. 3551 to the original entry. In regard to amend ment 34 which I am moving I shall in doing so incorporate in it amendment No. 212 also. Sir, I move : “That for entry 63 of List I, the following entry be substituted :— ‘63. Regulation and development of oilfields and mineral oil resources; petroleum and petroleum products; other liquids and substances declared by Parliament by law to he dangerously inflammable’.” ***** †The Honourable Dr. B. R. Ambedkar : I do not think that either of these two amendments is necessary. The purpose which my Friend’s Professor Shibban Lai Saksena has in view, viz,, that entry 63 should also permit the centre to regulate prospecting for oil, etc., would be served by the words we have used “Regulation and development”. With regard to the addition of the word “corrosive”, I think it is not necessary to have any such power at all. [With the lone amendment by Dr. Ambedkar, Entry 63 was added to the Union List.] ENTRY 64 ‡The Honourable Dr. B. R. Ambedkar : Sir, I move : “That for entry 64 of List I, the following entry be substituted :— ‘64. Industries, the control of which by the Union is declared by Parliament by law to be expendient in the Public interest’.” ***** @The Honourable Dr. B. R. Ambedkar : Sir, the entry as it stands is perfectly all right and carries out the intention that the drafting Com mittee has in mind. My submission is that once the Centre obtained jurisdiction over any particular industry as provided for in this entry, that industry becomes subject to the jurisdiction of Parliament in all its aspects, not merely development but it may be in other aspects. Consequently, we have thought that the best thing is to put the industries first so as to give undoubted jurisdiction to Parliament to deal with it in any manner it likes, not necessarily development. Therefore, the entry is far wider than Mr. Kamath intends it to be. [Two amendments were rejected Dr. Ambedkar’s above motion was adopted, Entry 64, as amended was added to the Union List.] *CAD, Vol. IX, 31st August 1949, pp. 804. †Ibid., p. 805. ‡ Ibid., p. 806. @ Ibid, p. 807.

894 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES ENTRY 64-A *The Honourable Dr. B. R. Ambedkar : Sir, with regard to the amendment to have a new entry 64A. I may say that this matter was placed before the Premiers’ Conference and the Premiers’ Conference did not agree to the proposal. With regard to the question of distribution of food, we have provided in article 206, that for a period of live years, the Centre may have control over the distribution of food. With regard to the second amendment, namely, the introduction of the new entry 64B... Mr. President : That has not been moved. The Honourable Dr. B. R. Ambedkar : Sir, I cannot accept the amendment moved. Mr. President : I shall put the amendment to vote. The question is : “That after entry 64 of List I, the following new entry be added :— ‘64-A, Co-ordination of the development of agriculture including animal husbandry, forestry and fisheries and the supply and distribution of food.’ “ (The amendment was negatived.) ***** †The Honourble Dr. B. R. Ambedkar : With regard to the first part of the amendment, there is the proposal of the Drafting Committee to put this matter in the Concurrent List, and if my Friend Prof. Saksena were to examine the Concurrent List, he will find that there is an entry corresponding to entry 64B, (a) in entry 35A of the concurrent List. With regard to (b) it is a matter of controversy and the Drafting Committee has not yet come to any conclusion on the question. The Drafting Committee feels that (a) is a perfectly logical consequence of the power which we have already given to Parliament to declare certain industries of national importance. If Parliament has the power to declare certain industries to be of national importance, then Parliament should also have the power to regulate the goods and the products of such industries. But (b) is about goods of industries other than those declared by Parliament to be of national importance. As I said, that is a matter of some controversy and the Drafting Committee has not come to any conclusion. I suggest Prof. Saksena may allow the matter to stand over till we reach entry 35 in the Concurrent List. Prof. Shibban Lal Saksena : I have no objection to waiting. Mr. President : Then it is held over. *CAD, Vol. IX, 31st August 1949, pp. 809-810. †Ibid., p. 811.

895DRAFT CONSTITUTION ENTRY 65 ***** The Honourable Dr. B. R. Ambedkar : With regard to Mr. Kamath’s amendment, it seems to me to be quite unnecessary because the word “oilfields” is used in general terms. Wherever it occurs, the Centre shall have jurisdiction. If an oilfield can occur below water...# Mr. President : He says “and submarine regions”. Shri H. V. Kamath : I say “mines, oilfields and submarine regions.” The Honourable Dr. B. R. Ambedkar : What my friend has in mind is diving operations. Shri H. V. Kamath : No, the Pearl industry. The Honourable Dr. B. R. Ambedkar : All I can say is that I shall consider that matter. Mr. President : Then I will first put the amendment moved by Prof. Saksena. The question is : “That in entry 65 of List I. after the word ‘Regulation’ the words ‘and welfare’ be inserted.” The amendment was negatived. Shri H. V. Kamath : In view of Dr. Ambedkar’s assurance, I do not press my amendment now. It may be considered by the Drafting Committee. [The motion was adopted. Entry 65 was added to the Union List] ENTRY 66 †The Honourable Dr. B. R. Ambedkar : Sir, I move : “That in entry 66 of List I, the words ‘and oilfields’ be deleted.” It has already been transferred to entry 63. ***** ‡Shri Jagat Narain Lal (Bihar : General) : Mr. President,... I simply wanted to oppose the amendment—I am sorry—moved by Mr. Brajeshwar Prasad.... I support the amendment moved by Dr. Ambedkar and oppose the amendments moved to them. Shri Brajeshwar Prasad : Dr. Ambedkar’s amendment deletes the word “oilfields”. *CAD, Vol. IX, 31st August 1949, p. 813. †Ibid., p. 813 ‡Ibid., p. 816. #The dots indicate interruption

896 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Shri Jagat Narain Lal : The words “the oilfields” have to be deleted as those words have come earlier. Mr. President : Would you like to say anything ? The Honourable Dr. B. R. Ambedkar : No. Sir, I would not like to accept any amendment. Mr. President : We will take the amendment by Mr. Brajeshwar Prasad. Shri Brajeshwar Prasad : Sir, I beg to withdraw it. (The amendment was, by leave of the Assembly, withdrawn.) [Mr. Kamath’s amendment was withdrawn, Dr. Ambedkar’s amendment was accepted. Entry 66, as amended was added to the Union List.] ENTRY 67 *The Honourable Dr. B. R. Ambedkar : Sir, I move : “That for entry 67 of List I, the following entry be substituted :— ‘67. Extension of the powers and jurisdiction of members of a police force belonging to any State to any area not within such State, but not so as to enable the police of one State to exercise powers and jurisdiction in any area not within that State without the consent of the Government of the State in which such area is situated; extension of the powers and jurisdiction of members of a police force belonging to any State to railway areas outside that State.’ Mr. President : There is an amendment by Sardar Hukam Singh for deletion. That need not be moved. Dr. Deshmukh has an amendment to this entry which I understand he is not moving, so I will put the motion to vote. (The amendment was adopted.) [Entry 67, as amended, was added to the Union List] ENTRY 68 †The Honourable Dr. B. R. Ambedkar : I move : “That for entry 68 of List I, the following entry be substituted :— *Elections to Parliament and to Legislatures of States and of the President and Vice President; and Election Commission to superintendent, direct and control such elections.’ ***** Mr. President : There is an amendment to this standing in the name of Mr. Santhanam. I think it does not arise in view of the decision we have taken with regard to some other articles. *CAD, Vol. IX, 31st August 1949, p. 817. †Ibid., p. 818.

897DRAFT CONSTITUTION The Honourable Dr. B. R. Ambedkar : It is unnecessary to accept this amendment, because the Election Commission will include Regional Commissioners also. [The amendment was negatived. Entry 68, as amended by Dr. Ambedkar’s motion was adopted and added to the Union List] ENTRY 69 *The Honourable Dr. B. R. Ambedkar : Sir, I move : “That for entry 69 of List I, the following entries be substituted :— ‘69. The emoluments and allowances and rights in respect of leave of absence of the President and governors; the salaries and allowances of the Ministers of the Union and of the Chairman and Deputy Chairman of the Council of States and of the Speaker and Deputy Speaker of the House of the People; the salaries and allowances of the members of Parliament; the salaries, allowances and the conditions of service of the Comptroller and Auditor General of India. 69A. The privileges, immunities and powers of each House of Parliament and of the members and the committees of each House.’ ” Mr. President : There is an amendment to this, No. 219 standing in the name of Mr. Kamath. Shri H. V. Kamath : I do not want to move my amendment, but I would ask how Dr. Ambedkar has forgotten or lost sight of the Supreme Court Judges. The Honourable Dr. B. R. Ambedkar : Their salaries etc., are provided for in the Schedule. We have said that their salaries shall be such as are specified in the Schedule. Mr. President : Then amendment No. 220 by Dr. Deshmukh. Does it not go more appropriately to the State List ? Dr. P. S. Deshmukh : No. Sir. I move : “That in amendment No. 39 of List I (Sixth Week), after the proposed entry 69 of List I, the following new entry be added :— 69A. Priviliges, immunities and powers of the members of the State Legislatures and their Committees.’ ” ...I think it is very necessary that the priviliges should be uniform and that they should not differ from State to Stale. Shri Brajeshwar Prasad : Hear, Hear. The Honourable Dr. B. R. Ambedkar : It is only proper that each Legislature should have the authority to define its own privileges, immunities and powers, and it is for that reeason that we have provided that Parliament should have power to specify the privileges, immunities and powers of its own members, and the State Legislatures should have *CAD. Vol. IX, 31st August 1949, pp. 819-820