Vol. 13 · pages 946–950

913DRAFT CONSTITUTION have only residiary powers. Just to allay the fears of the Provinces and the fears of the Indian States, we had to particularise what is included in the symbolic phrase “residuary powers”. That is the reason why we had to undergo this labour, notwithstanding the fact that we had article 223. I may also say that there is nothing very ridiculous about this, so far as our Constitution is concerned, for the simple reason that it has been the practice of all federal constitutions to enumerate the powers of the Centre, even those federations which have got residuary powers given to the Centre. Take for instance the Canadian constitution. Like the Indian constitution, the Canadian constitution also gives what are called residuary powers to the Canadian Parliament. Certain specified and enumerated powers are given to the Provinces. Notwithstanding this fact, the Canadian constitution. I think in article 99, proceeds to enumerate certain categories and certain entries on which the Parliament of Canada can legislate. That again was done in order to allay the tears of the French Provinces which were going to be part and parcel of the Canadian Federation. Similarly also in the Government of India Act; the same scheme has been laid down there and section 104 of the Government of India, Act, 1935 is similar to article 223 here. It also lays down the proposition that the Central Government will have residuary powers. Notwithstanding that, it had its List I. Therefore, there is no reason, no ground to be over critical about this matter. In doing this we have only followed as I said, the requirements of the various Provinces to know specifically what these residuary powers are, and also we have followed wellknown conventions which have been followed in any other federal constitutions. I hope the House will not accept either the amendment of my Friend Sardar Hukam Singh nor take very seriously the utterings of my Friend Mr. Naziruddin Ahmad. [All amendments were negatived. Entry 91 was added to the Union List.] *Mr. President : I think it is not necessary to have any further discussion on this point. However, if Dr. Ambedkar has anything to say about it, I would hear him; but otherwise I do not think any discussion is necessary on a point like this. The Honourable Dr. B. R. Ambedkar : No discussion is necessary. I do not wish to say anything. *CAD, Vol. IX, 1st September 1949, p. 859.

914 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Shri Brajeshwar Prasad : I would like to withdraw my amendment. [The amendment of Shri Brajeshwar Prasad was not allowed to be withdrawn. It was put to vote and negatived.] ENTRY 70-A LIST I *Mr. President : Has Dr. Ambedkar anything to say on this? The Honourable Dr. B. R. Ambedkar : No, Sir, I have nothing to say in reply. Young men and young women are capable of taking care of themselves. Why bother about them? [The amendment was negatived. Similar amendment by Prof. S. L. Saksena was also negatived.] ENTRY 59 †Shri Raj Bahadur : ...We have got to realise the seriousness of the problem. As I said, I would not move any of the other amendments, because I feel somewhat discouraged to see that the Honourable Chairman of the Drafting Committee is not even taking the trouble to reply to most of the amendments moved by other members suggesting new entries. Shri T. T. Krishnamachari : He is engaged in studying the amendment moved by you. Shri Raj Bahadur : I would be very fortunate if I get a reply to my motion. The Honourable Dr. B. R. Ambedkar : Sir, as my friend expects a reply from me, I would just say one or two words. The question of control and eradication of beggary is a matter which has been already provided for in List III in entry 24 ‘Vagrancy’ which includes beggary. The only point is whether it should remain there or should be brought in List I. I think it will be better to leave it in List III so that both the Provinces and the Centre could operate upon that entry. [The amendment of Shri Raj Bahadur was withdrawn.] LIST II ENTRY I ***** ‡Mr. President : Do you want to say anything, Dr. Ambedkar ? *CAD, Vol. IX, 1st September 1949, pp. 860-861. †Ibid., p. 863. ‡Ibid., p. 865.

915DRAFT CONSTITUTION The Honourable Dr. B. R. Ambedkar : I do not want to say anything. Shri Brajeshwar Prasad : I withdraw my amendment. Mr. President : The House evidently is not in a mood to give permission for this amendment to be withdrawn. I will put it to the vote. The question is: “That entry I of list II be transferred to List I as new entry 2A”. (The amendment was negatived.) Mr. President : There is an amendment by Dr. Ambedkar, amendment No. 63. The Honourable Dr. B. R. Ambedkar : Sir, I move : “That in entry I of List II, the following words be deleted : ‘preventive detention for reasons connected with the maintenance of public order; persons subjected to such detention.’ ” It is proposed that this entry should be put in List III. That is the reason why I propose that these words be deleted. Sardar Hukam Singh : Sir, I move : “That in entry I of List II, after the words “naval, military or air forces” the words “or any other armed forces of the Union” be inserted.” My purpose in moving this amendment is that I feel that it is a lacuna, an omission on the part of the Drafting Committee. If I am told that it has been deliberately omitted... The Honourable Dr. B. R. Ambedkar : I am prepared to accept this amendment. [The amendment was adopted. Entry 1, as amended was added to the State List.] ENTRY 2 *The Honourable Dr. B. R. Ambedkar : Sir, I move : “That for entry 2 of List II, the following entry be substituted :— ‘2, The administration of justice, constitution and organisation of all courts except the Supreme Court and the High Courts; fees taken in all courts except the Supreme Court.’ ” The only change made is that the High Courts have been brought in because as I explained yesterday so far as the constitution and organization of High Courts are concerned, they are completely under the control of the Centre. [Entry 2 as amended, was added to the State lis.] ENTRY 4 †Shri Brajeshwar Prasad : I will move my amendment without offering any comment, i.e., I will not deliver any speech. Sir, I move: *CAD, Vol. IX, 1st September 1949, p. 866. †Ibid., pp. 867-868.

916 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES “That for amendment No. 3589 of the List of Amendments, the f ollowing be substituted :— ‘That entry 4 in List II be omitted from that List and be included in List I.’ ” Sir, I may with your permission say that instead of List I the entry should be included in List III. It will meet the objection of Mr. T. T. Krishnamachari. Sir, I regard “Police” as a vital subject and I think it should be included in the concurrent powers and thus brought under the Centre. Shrimati Purnima Banerji (United Provinces : General) : I want to ask whether you are satisfied that ‘Police’ includes the Home Guards and the Pranthiya Raksha Dal. The Honourable Dr. B. R. Ambedkar : That depends upon any legislation made by the province. If under the Police Act they enrol a certain person, he is a police for that purpose or if they enrol under some other Act and they are given the powers of the Police, that will also be police. Shri Mahavir Tyagi : May I ask whether the Home Guards and the Pranthiya Raksha Dal go under the residuary powers of the Government of India or be controlled by the local Government? Where will they go? The Honourable Dr. B. R. Ambedkar : If it is not Police, then it will go under the Central government. “Police” is used in contradiction to “Army”. Anything which is not “army” is Police. Shri Mahavir Tyagi : Let that go down as your ruling within questions. Pandit Hirday Nath Kunzru : If Dr. Ambedkars’ interpretation is correct, then a province can raise an army without calling it by that name. The Honourable Dr. B. R. Ambedkar : No, I do not think they can do it. Dr. P. S. Deshmukh : That is what is happening already. The Honourable Dr. B. R. Ambedkar : An army is enrolled under the Indian Army Act 1911 and there are stringent conditions laid down as to enrolment in that Act. A province has no right to legislate on that entry at all. Pandit Hirday Nath Kunzru : A province will not legislate with regard to the creation of an army at all. But, it can raise a force and give it military training without calling it an army. Shri T. T. Krishnamachari : I might mention, Sir, that there are special armed police in the provinces. They are recruited under the powers given under the Police Act. They are considered to be a police force even though they are on a quasi military basis.

917DRAFT CONSTITUTION Shri Mahavir Tyagi : Why don’t you add the word home Guard and make it clear? The Honourable Dr. B. R. Ambedkar : There are armed police; there are unarmed police. Mr. President : The question put by Pandit Kunzru is whether a province will be able to raise an army, without calling it an army, but calling it police. The Honourable Dr. B. R. Ambedkar : I am sure if a province is going to play a fraud on the Constitution, the Centre will be strong enough to see that that fraud is not perpetrated. [Amendment of Mr. Brijeshwar Prasad was withdrawn. Entry 4 was added to the State List.] ***** ENTRY 7A *The Honourable Dr. B. R. Ambedkar : Sir, I move : “That after entry 7 of List II, the following entry be inserted :— ‘7-A. State pensions, that is to say, pensions payable by the State or out of the Consolidated Fund of the State.’ ” This is merely a corresponding entry to what we have already done so far as List I is concerned. (List 7-A was added to the State List) ***** ENTRY 9 †The Honourable Dr. B. R. Ambedkar : Sir, I move: “That for entry 9 of List II, the following entry be substituted :— ‘9. Acquisition or requisitioning of property except for the purposes of the Union, subject to the provisions of entry 35 of List III.’ ” The only change is that the underlined words are now put in the Concurrent List and it is therefore necessary to omit them from this entry. This is also what we have done with regard to a similar entry in List I. [Dr. Ambedkar’s motion was adopted Entry 9, as amended, was added to the State List.] ENTRY 10A ‡The Honourable Dr. B. R. Ambedkar : Sir, I move : “That after entry 10 of List II, the following entry be inserted :— ‘10-A. Ancient and Historical Monuments other than those specified in entry 60 of List I.’ ” *CAD, Vol. IX, 1st September 1949, p. 869. †Ibid., pp. 869-870. ‡Ibid., p. 871.