Vol. 13 · pages 981–985

948 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES The other paragraph which has undergone an important change is paragraph 5. Paragraph 5 deals with the applicability of the laws made by Parliament and by the local Legislature to the scheduled areas. Paragraph 5, as it originally stood, required that if the Tribes Advisory Council directed that the law made by Parliament or made by the local Legislature should be made applicable to the scheduled areas in a modified form, then the Governor was bound to carry out the order or the decision of the Tribes Advisory Council. It was felt that it would be much better to let the Governor have the discretion in the matter of the application of the laws made by Parliament or by the local Legislature to the scheduled areas and that his discretion should not be controlled absolutely, as it was proposed to be done by the original provision contained in paragraph 5. The other important thing to which I should like to call the attention of honourable Members is to paragraph 6. Paragraph 6, as originally drafted, set out a scheduled of what are to be scheduled areas. This provision has become necessary particularly because it is not possible at this stage to know what are going to be the scheduled areas in States in Part III. It is felt that both for meeting the difficulty to which I have referred as well as to make the provisions elastic, it would be much better to leave the power with the President rather than to have a definite part dealing with the scheduled areas. Another important amendment to which I should like to draw attention is paragraph 7 which is included in Part IV and which deals with the Amendment of the Fifth Schedule. Originally, as the paragraph stood, there was no provision for the amendment of the Fifth Schedule. It is now provided that Parliament may amend this Schedule and I think it is desirable that Parliament should have the power to amend this Schedule. It is no use of creating a sort of a State within a State and it is not desirable that this kind of special provision under which certain tribes would be excluded from the general operation of the law made by the legislature as well as Parliament and the provision contained in sub-paragraph (2) of paragraph 5, where, so to say, ‘the Governor is constituted a law-making body for making regulations of certain character which are mentioned in (a), (b) and (c) and which are to have over-riding powers in so far as they relate to these matters over any law made by Parliament or by the legislature, should not be sterotyped for all times and that it should be open to Parliament to make such changes as time and circumstances may require. Consequently, it has been provided in the new Paragraph 7 of Part

949DRAFT CONSTITUTION IV that Parliament shall have such power to make such amendments as it finds necessary and any such amendment of the Schedule shall not be deemed to be an amendment of the Constitution, but shall be made by the ordinary process of law. I may mention that the Drafting Committee in putting forth this new Schedule had discussed the matter with the representatives of the provinces who are concerned with this particular matter, namely of scheduled areas and scheduled tribes. We had also taken into consideration the opinion of my honourable Friend, Mr. Thakkar, who knows a great deal about this matter and I may say without contradiction that this new schedule has the approval of all the parties who are concerned in this matter, and I hope that the House will have no difficulty in accepting the new Schedule in place of the old one. ***** *Mr. President : So far as I can see, there is no other amendment to the Fifth Schedule as now proposed. Prof. Shibban Lal Saksena : I have some amendments. Mr. President : Coming at the last moment, these amendments have not been circulated to Members. They came in at 8.58 this morning. The Honourable Dr. B. R. Ambedkar : I have no idea about them. These should not be allowed. Mr. President : If you have any amendments, you may make your observations. I may tell the House that I have a set of new amendments sent in by Prof. Shibban Lal Saksena and Dr. Deshmukh. The Honourable Dr. B. R. Ambedkar : We have no copies. We do not know what they are talking about. Mr. President : Dr. Deshmukh’s amendment came in at 9.20 in the morning. Prof. Saksena’s came in at 8.58 in the morning. Technically you are just before the commencement of the session but I think it is very inconvenient to the other Members. Dr. P. S. Deshmukh (C. P. & Berar: General) : My amendments are of a drafting nature. Mr. President : Very well, they will be handed over to the Drafting Committee. I do not think there is any substance in any of your amendments, Prof. Saksena ? ***** *CAD, Vol. IX, 5th September 1949, pp. 978-979.

950 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES *Mr. President : I wish to close the discussion now. Does Dr. Ambedkar wish to say anything? The Honourable Dr. B. R. Ambedkar : Mr. Munshi has said everything that was needed to be said and I do not think I can usefully add anything. Mr. President : Then I shall put the amendments to vote now. Mr. Naziruddin Ahmad : My amendments need not be put to vote, but they could be considered by the Drafting Committee. ***** Paragraph 3 was added to the Fifth Schedule. SIXTH SCHEDULE †Mr. President : We now go to the Sixth Schedule. The Honourable Dr. B. R. Ambedkar : Sir, I move : “That in sub-paragraph (1) of paragraph 1, before the words, ‘The tribal areas’ the words ‘Subject to the provisions of this paragraph’ be inserted.” Originally, the draft merely said that the Tribal areas were those which were included in the table attached to this Schedule. There was no power given to define the boundaries of those areas included in the Table. It is felt that it is necessary to give the Governor the power to define the boundaries of those areas, included in the Table. In order to provide for this power for the Governor, it is necessary to add the words which are contained in this amendment. Mr. President : Amendment number 99 also relates to paragraph 1. The Honourable Dr. B. R. Ambedkar : May I move that? Mr. President : Yes. The Honourable Dr. B. R. Ambedkar : Sir, I move : “That for sub-paragraph (3) of paragraph 1, the following sub-paragraph be substituted :— ‘(3) The Governor may, by public notification— (a) include any area in Part I of the said Table, (b) create a new autonomous district, (c) increase the area of any autonomous district, (d) diminish the area of any autonomous district, (e) unite two or more autonomous districts or parts thereof so as to form one autonomous district, (f) define the boundaries of any autonomous district: Provided that no order shall be made by the Governor under clauses (b), (c), (d) and (e) of this sub-paragraph except after consideration of the report of a Commission appointed under sub-paragraph (1) of paragraph 14 of this Schedule.’ ” *CAD, Vol. IX, 3rd September 1949, p. 999. †Ibid., pp. 1001-1002.

951DRAFT CONSTITUTION In this amendment, the new things to which attention must be drawn are included in sub-clauses (e) and (f) of sub-paragraph (3). As necessary because it may be required, in any particular state of affairs, that two or more autonomous districts may be united together. The power contained in sub-clause (f) is also necessary because it may be desirable to define the boundaries in case there is any particular dispute between the different tribes. The proviso introduces a change. By comparing the proviso with the original provisos, it will be seen that there were to provisos to subparagraph (3). In the first proviso, the Governor could act under clause (b) or clause (c) on the recommendation of a Commission. But, if he wanted to act under clauses (d) or (e) he was required to have a resolution of the District Councils of the Autonomous Districts concerned. It is felt that this distinction made by the two provisos for the different parts of sub-paragraph (3) is not necessary. It is better to make it uniform by requiring the Governor to act after consideration of the report of a Commission which is proposed to be appointed under sub-paragraph (1) of paragraph 14 of this Schedule. Mr. President : As regards this Schedule, as the Schedule as a whole has not been changed but only certain amendments to some of the paragraphs have been suggested, I propose to take this paragraph by paragraph. Regarding the first para, these are the two amendments which have been moved on behalf of the Drafting Committee. I will now take the other amendments of which notice has been given. There are some printed in the second volume of the list of amendments. (Amendments 3489, 3490 and 3491 were not moved) There is one amendment that paragraph 1 to 16 be deleted. I do not know whether to take it. The Honourable Dr. B. R. Ambedkar : That need not be taken. *Mr. President : ...Dr. Ambedkar, would you like to say anything? The Honourable Dr. B. R. Ambedkar : Sir, there are just two points which have been raised in the course of the remarks made on these amendments which call for reply. The first question is the one, which was raised by Mr. Chaliha. I must say I was somewhat surprised at the amendment tabled by Mr. Chaliha, because like the Fifth Schedule the Sixth Schedule also has arisen, so to say, out of an agreement between the Drafting Committee and the Premier of Assam, my Friend, *CAD, Vol. IX, 5th September 1949, pp. 1004-1005.

952 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Mr. Nichols Roy and at which conference Mr. Chaliha also was present, and he accepted the new schedule as amended by the Drafting Committee. However, it cannot take long to dispel the doubt he has in his mind as to who would constitute this Commission, who would be its members, and all matters relating to the Commission. I think if Mr. Chaliha had only read carefully the wroding of the Sixth Schedule he would have seen that in appointing the Commission the Governor is not going to act in his discretion. There is no discretion left in the Governor. That being so, it is quite obvious that in consulting the Commission, and defining its terms of reference, the Governor would be guided by the advice of the local ministers, and I do not think, therefore, there need be any fears such as the one that he has expressed. Now, with regard to the amendment of my Friend, Mr. Brajeshwar Prasad, this is the one amendment I think in which so far as I am concerned, I feel that he has urged some serious argument. He says that the whole of the tribal area should be lifted from the Province of Assam and should be made a Centrally administered area, because there cannot be any other effect of the amendment which he has put forward except the one which I have suggested. It means practically constituting the area as a Centrally administered area. But he seems to have forgotten two things. The first is this. Although we have constituted autonomous districts for the purpose of the satisfaction of the tribal people living in those areas that they will have, at any rate for the first ten years, autonomy in the matter of the government of their areas, we have now here provided that the autonomous districts shall not constitute part of the province of Assam. That being so, it is very difficult to leave part of the province to be governed by the Governor of the province and part of the province to be administered as a Centrally administered area. The second point he has forgotten is this. He has forgotten to take note : of the fact that even in constituting the autonomous areas, the Drafting Committee has not forgotten that there are what are called certain “frontier areas”, bordering on the autonomous districts. It has been provided in this Schedule that so far as the administration of these frontier areas of Assam is concerned, the Governor would be acting under the President. Consequently whatever strategic importance, the frontier areas may have, the Centre would certainly have ample jurisdiction to see that none of the disturbing factors to which he has made reference will find any place there. I therefore, think that all these amendments are unnecessary and out of place.