Vol. 13 · pages 976–980

943DRAFT CONSTITUTION House will be Dr. Ambedkar’s proposition namely amendment No. 121. Shri Ramnath Goenka : Will there not be a consequential amendment in List II? In the State List certain powers are given to the State for taxes on sale as well as on advertisement. If this is transferred to List I, then the consequential amendment of which we have given notice... Mr. President : The notice is that it be included in List I. If it is taken in List I then it goes out. Shri Ramnath Goenka : But the exception will have to be provided for in List II in the entry; sale of goods excepting newspapers. Mr. President : It is not necessary. The Honourable Dr. B. R. Ambedkar : It is not a consequential amendment at all. Both the amendments are quite independent. One amendment is that the entry should be expanded by the addition of a new entry to be called 88-A. Then there is another amendment which is amendment to my amendment to entry 58 in List II dealing with sales tax. That amendment says that the word “goods” should be so qualified as to exclude newspapers. That will be dealt with on its own merits. The immediate question we have to deal with is whether List I is to be expanded, by the addition of entry 88-A in terms as moved here. Shri Ramnath Goenka : The position is this. We have proposed an entry in List I that taxes on newspapers including advertisements therein, should be transferred to List I and that the Provinces should not have the authority to levy and taxes on newspapers. Therefore the amendment No. 57 is a consequential amendment to the amendment No. 122 in entry 58 in List II. So both these amendments will have to be taken together. Yesterday when this question of entry 58 in List II came before us, you put it off until you gave a ruling and said a decision could be taken together on these entries. The Honourable Dr. B. R. Ambedkar : Take them one by one. Let both the amendments be put one after the other. Shri Ramnath Goenka: May I suggest, Sir, that we put entry 58 in List II first and then 88-A? The Honourable Dr. B. R. Ambedkar : You can have it in any way you like, but I want to tell you that voting in a particular manner on the second amendment would be inconsistent with voting on the first in another manner. It will be open to the House to accept the one and reject the other.

944 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Shri Ramnath Goenka : I would like to have your ruling on this matter. If you transfer the taxes on newspapers to List I then it cannot have any place in List II also. If it has a place in List I then it necessarily goes out from List II. The Honourable Dr. B. R. Ambedkar : It will go out of List II only so far as taxes are concerned. But so far as the sale of goods is concerned it would remain. You want to get that out also? Your object, if I understand, is two fold, namely, that the newspapers should not be liable to any duty and should not be liable to any tax under the Sales Tax Act also. I am not prepared to give you both the advantages, to be quite frank. Shri Ramnath Goenka : May I request you, Sir, to hold this matter over till Monday morning so that we can put our heads together and come to you, because whatever the interpretation, what is said, is the object of our amendment. If that object is not carried we will have to put in other amendments. But that is our intention. We are only laymen and we will be guided by Dr. Ambedkar. The entire taxation should be taken away from the Provinces to the Centre. If that purpose is not being carried out I am afraid some other amendment will have to be moved which will have the effect of carrying out our intentions. These are our intentions. Mr. President : Dr. Ambedkar, will you object if the matter is held over? The Honourable Dr. B. R. Ambedkar : I will be quite frank about it. I have a mandate to accept entry 88A. I am prepared to follow that mandate and accept entry 88A. I have no such mandate with regard to the other thing (amendment No. 122). I am sure that it will be difficult to accept it. To have a complete exemption from any kind of taxation on newspapers is to me an impossible proposition. Shri Ramnath Goenka : It is not so. I want taxation to be left to the Centre and not the Provinces. If I may tell Dr. Ambedkar, the mandate was that it should be taken away from the Provinces. The Honourable Dr. B. R. Ambedkar : You are not to interpret the mandate for me. I know what it is. It is quite clear to me. Shri Ramnath Goenka : As it is, I am interpreting it to you. (Interruption). Shri Deshbandhu Gupta : Since Dr. Ambedkar has referred to the mandate I may make it clear that when this question was taken

945DRAFT CONSTITUTION up with the authority which gave the mandate, it was absolutely clear that the two amendments went together. We wanted this tax to remain a Central tax and not a Central as well as a provincial tax. The Honourable Dr. B. R. Ambedkar : It is not right to refer here to matters discussed elsewhere. But, as I said, I am quite prepared to abide by that mandate. The other matter was brought in surreptitiously by our friends after they heard what I said in another place as to what a mess they had made by bringing in this amendment. Shri Ramnath Goenka : As Dr. Ambedkar suggests that we have made a mess we want a way out of the mess. (Interruption) Mr. President : I find there is a much feeling in the matter. So we had better take it up on some other day when the feelings are a bit cooler.... FIFTH SCHEDULE *Mr. President : We will take up the Fifth Schedule. The Honourable Dr. B. R. Ambedkar : (Bombay : General): Sir, I move: That for the Fifth Schedule, the following Schedule be substituted :— “FIFTH SCHEDULE [Article 215-A(a) and 215-B(1)] PROVISIONS AS TO THE ADMINISTRATION AND CONTROL OF SCHEDULED AREAS AND SCHEDULED TRIBES PART I GENERAL 1. Interpretation.—In this Schedule, unless the context otherwise requires, the expression “State” means a State for the time being specified in Part I or Part III of the First Schedule. 2. Executive power of a State in scheduled areas.—Subject to the provisions of this Schedule, the executive power of a State extends to the scheduled areas therein. 3. Report by the Governor or Ruler to the Government of India regarding the administration of the Scheduled areas. —The Governor or Ruler of each State having scheduled areas therein shall annually, or whenever so required by the Government of India, make a report to that Government regarding the administration of the scheduled areas in that State and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said areas. *CAD, Vol. IX, 5th September 1949, pp. 965-967.

946 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES PART II ADMINISTRATION AND C ONTROL OF S CHEDULED A REAS AND SCHEDULED T RIBES 4. Tribes Advisory Council.—(1) There shall be established in each State having scheduled areas therein and, if the President so directs, also in any State having scheduled tribes but not scheduled areas therein, a Tribes Advisory Council consisting of not more than twenty members of whom as nearly as may be, three-fourths shall be the representatives of the scheduled tribes in the Legislative Assembly of the State : ‘Provided that if the number of representatives of the scheduled tribes in the Legislative Assembly of the State is less than the number of seats in the Tribes Advisory Council to be filled by such representatives, the remaining seats shall be filled by other members of those tribes. (2) It shall be the duty of the Tribes Advisory Council to advise on such matters pertaining to the welfare and advancement of the scheduled tribes in the State as may be referred to them by the Governor or Ruler, as the case may be. (3) The Governor or Ruler may make rules prescribing or regulating as the case may be— (a) the number of members of the Council, the mode of their appointment and the appointment of its Chairman and of the officers and servants thereof; (b) the conduct of its meetings and its procedure in general; and (c) all other incidental matters. 5. Law Applicable to scheduled areas.—(1) Notwithstanding anything contained in this Constitution the Governor of Tuler, as the case may be, may by public notification direct that any particular Act of Parliament of the Legislature of the State shall not apply to a scheduled area or any part there of in the State or shall apply to a scheduled area or any part thereof in the State subject to such exceptions and modifications as he may specify in the notification. (2) Governor or Ruler as the case may be, may make regulations for the peace and good government of any area in a State which is for the time being a scheduled area. In particular and without prejudice to the generality of the foregoing power, such regulations may— (a) prohibit or restrict the transfer of land by or among members of the scheduled tribes in any such area; (b) regulate the allotment of land to members of the scheduled tribes in such areas; (c) regulate the carrying on of business as money-lender by persons who lend money to members of the scheduled tribes in such areas; (3) In making any regulation as is referred to in sub-paragraph (2) of this paragraph the Governor or Ruler may repeal or amend any Act of Parliament or of the Legislature of the State or any existing law which is for the time being applicable to the area in question. (4) All regulations made under this paragraph shall be submitted forthwith to the President and until assented to by him shall have no effect. (5) No regulation shall be made under this paragraph unless the Governor or the Ruler making the regulation has in the case where there is a Tribes Advisory Council for the State, consulted such Council.

947DRAFT CONSTITUTION PART III SCHEDULED AREAS 6. Scheduled Areas.—(1) In this Constitution, the expression “scheduled areas” means such areas as the President may by order declare to be scheduled areas. (2) The President may at any time by order— (a) direct that the whole or any specified part of a scheduled area shall cease to be a scheduled area or a part of such area; (b) alter, but only by way of rectification of boundaries, any scheduled area; (c) on any alteration of the boundaries of a State or on the admission into the Union or the establishment of a new State, declare any territory not previously included in any State to be, or to form part of a scheduled area, and any such older may contain such incidental and consequential provisions as appear to the President to be necessary and proper, but save as aforesaid, the order made under sub-paragraph (1) of this paragraph shall not be varied by any subsequent order. PART IV AMENDMENT OF THE SCHEDULE 7. Amendment of the Schedule.—(1) Parliament may from time to time by law amend by way of addition, variation or repeal any of the provisions of this Schedule and when the Schedule is so amended any reference to this schedule in this Constitution shall be construed as a reference to such schedule as so amended. (2) No such law as is mentioned in sub-paragraph (1) of this paragraph shall be deemed to be an amendment of this Constitution for purposes of article 304 thereof.” I would like very briefly to explain the principal changes which have been made in the Fifth Schedule as amended and put forward before the House. The first important change is in paragraph 4 which deals with the creation of the Tribes Advisory Council. As the paragraph originally stood in the Draft Constitution, it was obligatory to have a Tribes Advisory Council in every state where there were scheduled areas or scheduled tribes. It was felt that there was no necessity by the Constitution to create an Advisory Council for a State where there were some members of the Scheduled tribes living in some part of the State but which had no scheduled area. It was felt that if there was a necessity for creating an Advisory Council for the purposes of the scheduled tribes who are not living in a scheduled area, it would be better to leave that matter to the President whether or not to creat an Advisory Council. Consequently the words “and, if the President so directs, also in any State having scheduled tribes but not scheduled areas therein, a Tribes Advisory Council”. In the case of scheduled areas there is an obligation to create an Advisory Council. In the case of scheduled tribes it is not obligatory by the Constitution to create an Advisory Council but it is left to the-discretion of the President.