Vol. 13 · pages 971–975

938 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Mr. Vice-President: The question is : “That for entry 34 of List III, the following be substituted :— ‘34. Economic, educational and social planning’.” The amendment was negatived. [Entry 34 was added to the Concurrent List.] ENTRY 34-A *The Honourable Dr. B. R. Ambedkar : Sir, I move: “That after entry 34 of List III, the following new entry be inserted :— ‘34A. Archaeological sites and remains’.” This would be Concurrent. [Entry 34A was added to the Concurrent List.] ENTRY 35 †The Honourable dr. B. R. Ambedkar : Sir, I move : “That for entry 35 of List III, the following entry be substituted :— ‘35. The principles on which compensation for property acquired or requisitioned for the purposes of the Union or of a State or for any other public purpose is to be determined and the form and the manner in which such compensation is to be given.’ ” (The amendment was adopted) Entry 35, as amended was, added to the concurrent List. ENTRY 35-A ‡The Honourable Dr. B. R. Ambedkar : Sir, I move : “That after entry 35 of List III, the following new entry be inserted :— ‘35A. Trade and commerce in and the production, supply and distribution of the products of industries where the control of such industries by the Union is declared by Parliament by law to be expedient in the public interest.’ ” (The motion was adopted.) Entry 35A was added to the Concurrent List. ENTRY 36 #The Honourable Dr. B. R. Ambedkar : Sir, I move : “That for entry 36 of List III, the following entry be substituted :— ‘36. Industries and statistics for the purposes of any of the matters specified in list II or List III.’ ” Mr. President : There is no amendment. [Entry 36 was added to the Concurrent List.] *CAD, Vol. IX, 3rd September 1949, p. 952. †Ibid., p. 953. ‡Ibid., p. 953. #Ibid., p. 953

939DRAFT CONSTITUTION NEW ENTRY *Mr. President: There is new entry proposed by Pandit Govind Ballabh Pant. (Amendment No. 144 was not moved) †Dr. P. S. Deshmukh : Sir, I move : ‘That the following new entry be added in List III:— ‘Protection of children and youth from exploitation and abandonment, vide article of (vi).’ ” Sir, I had moved similar amendments on two occasions... The Honourable Dr. B. R. Ambedkar: This amendment was considered along with other amendments and I gave a reply telling my friend that this matter will be considered by the Drafting Committee. He was then agreeable. Dr. P. S. Deshmukh : My only submission is that the wording may be altered as the Drafting Committee may decide but provisionally the entry may be accepted as proposed by me. It should not merely be left to be considered by the Drafting Committee. Any wording that may be suitable may be put in; but there should be an entry which refers to the protection of children and youth from exploitation and abandonment. I hope Dr. Ambedkar will kindly accept this. The Honourable Dr. B. R. Ambedkar : I have told my friend that if I find that the purpose which he has in mind is not covered by any of the other entries, I will do my best to introduce some such entry. I have given him that assurance. Dr. P. S. Deshmukh : This is a question to which I and at least some Members of the House attach very considerable importance. ... I hope, Sir, no damage will be done if we have an entry like the one I have proposed in the case of children. The Honourable dr. B. R. Ambedkar : I will give my best consideration to the matter. I am in entire sympathy with its object. What more can I say? ***** ‡Mr. Naziruddin Ahmad : One speaker has just now given out that prostitution should be entirely prohibited... The Honourable Dr. B. R. Ambedkar : Is this a question which we need debate? The only question is whether there is power with the State or with the Centre or should it be Concurrent. How the power is to be *CAD, Vol. IX, 3rd September 1949, p.954. †Ibid., p. 954. ‡Ibid., pp. 957-958.

940 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES exercised whether to permit partially or prohibit completely is a matter for each legislature, which we must leave to the legislature. Mr. Naziruddin Ahmad : My submission is that it is relevant. The amendment provides for “regulation and control of prostitution.”... Shri V. I. Muniswamy Pillay (Madras : General): I wish to speak, Sir. Mr. President: Closure has been moved. The question is : “That the question be now put”. The motion was adopted. The Honourable Dr. B. R. Ambedkar : Sir, there is enough power given to the State under these entries to regulate these matters, namely, either for dealing with public houses or having some largescale farming. If my Friend, Dr. Deshmukh were to refer to List II, entry 1, which deals with public order, and entry 4 which deals with police and the Concurrent entry which deals with criminal law, he will find that there is more than enough power given to regulate these matters. If he were to refer to entry 24 dealing with land, entry 21 dealing with agriculture in the State List, he will find that there is more than enough power in the States to have state farms or whatever they like. Therefore, the only question that remains, is this, whether this subject relating to the creation of farms and the regulation of public houses should be in the Concurrent List. In my judgement, the criterion to decide whether this matter should be in the Concurrent List or in the State List is whether these matters are of all-India concern or of purely local concern. In my judgement prostitution, the regulation of public houses, and creation of farms are matters of local concern and it is therefore better to leave them to be dealt with by the States. They have got more than enough power for that. I do not know how the Centre can do the job. The Centre has not got any agricultural land. If the Centre wants to establish a farm, the Centre has to acquire the property from the farmers. The same thing could be done by the State. I do not see what purpose would be served by having these entries in the Concurrent List; and it must also be remembered that our States which we call States are far bigger than many States in Europe. Shrimati G. Durgabai: Will Dr. Ambedkar make one point clear? The entry speaks of regulation or prohibition of prostitution. I do not understand the meaning of “regulation” here, and I think it should be complete prohibition.

941DRAFT CONSTITUTION The Honourable Dr. B. R. Ambedkar : The States can regulate them and also prohibit them. The States can do it. (All amendments were negatived) NEW ENTRY 88-A *The Honourable Dr. B. R. Ambedkar : I am prepared to accept the amendment moved by the 58 gentlemen. Shri Mahavir Tyagi : May I inform you, Sir, that a large section of the House would like the deletion of the entry and so you might kindly agree to hold over the item for further consideration of the Drafting Committee? The Honourable Dr. B. R. Ambedkar : Sir, if the mover of this amendment cares to move it, I am prepared to accept it. Shri Ramnath Goenka (Madras : general): Sir, the other day, you requested Dr. Ambedkar to be ready with his alternative proposal. The Honourable dr. B. R. Ambedkar : He did not say anything of that kind. Shri Ramnath Goenka : This item will take some time, Sir. The Honourable Dr. B. R. Ambedkar : Sir, the amendment is here. Shri Ramnath Goenka: What I suggest is that we could get in touch with the Drafting Committee and come to a formula acceptable to all. The Honourable dr. B. R. Ambedkar : This is a formula which you have proposed. Shri Ramnath Goenka: We will have the benefit of consultation with you. The Honourable dr. B. R. Ambedkar : Sir, I am prepared to accept entry 88A if they move it. Shri S. Nagappa : It has been moved. The Honourable Dr. B. R. Ambedkar : It has not been moved yet. That was entry 88A in List I—not in the State List. Objection was taken that it was not in order and it was not moved. Therefore, if Mr. Goenka wishes to move it...† Shri Deshbandhu Gupta: Sir, I formally move that the matter be held over. The Honourable Dr. B. R. Ambedkar : Why? We tried to finish the whole list. That is why we hurried up, not allowing many Members *CAD, Vol. IX, 3rd September 1949, p. 960-963. †Dots indicate interruption.

942 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES to speak to the extent they used to. Now that we have got a clearcut amendment signed by many people I do not see why it should be held over. Shri Deshbandhu Gupta : It is not in a clear-cut form as Dr. Ambedkar himself saw something objectionable in the draft and was prepared to help us with a better draft. Mr. President : As I understood Dr. Ambedkar the other day, the only question was whether it should be in List I or List II. He said the question of policy had to be decided. The Honourable Dr. B. R. Ambedkar : If you want to put it in List I, I am prepared to accept it. The President : So far as the particular place where this entry will go, that is to be left to the Drafting Committee. The Honourable Dr. B. R. Ambedkar : The whole trouble is this. This entry was originally in List II. There objection was that it would not be in List II but it should be in this form in List I. I am prepared to accept that if they want it. ***** Shri Deshbandhu Gupta : Sir, on a point of information, may I inquire as to what will happen to entry No. 58 in the second List which was held over yesterday? Mr. President : It would go. Shri Deshbandhu Gupta : It was held over yesterday because these two go together. Mr. President : It was held over because there was an amendment which wanted to transfer this to List II. If it is passed in List I then that amendment will be out of order. Shri Deshbandhu Gupta : There are two amendments. There is one that this may be transferred to List I and there is another defining the scope of entry 58. The amendment was held over yesterday because this matter was not before the House at that time. They must go together. The Honourable dr. B. R. Ambedkar : I am not bound to accept it. They do not go together. I refuse to accept that. Mr. President: There was an amendment, No. 122, consideration of which was held over because of this amendment. If the amendment which has been just moved is accepted then in that case amendment No. 122 becomes out of order, and the only proposition before the *Dots indicate interruption.