Vol. 13 · pages 996–1000

963DRAFT CONSTITUTION (Paragraph 10) *The Honourable Dr. B. R. Ambedkar : Sir, I move: “That in sub-paragraph (2) of paragraph 10, for the words ‘Such regulations may’ the words ‘In particular and without prejudice to the generality of the foregoing power, such regulations may’ be substituted.” It is merely a drafting change. I also move: “That after sub-paragraph (2) of paragraph 10, the following subparagraph be added :— ‘(3) All regulations made under this paragraph shall be submitted forthwith to the Governor and, until assented to by him, shall have no effect’.” (The amendment was adopted) ***** †The Honourable Dr. B. R. Ambedkar : May I say a word or two with regard to matters about which my friend is terribly excited? There are three things provided by way of safeguards which my friend has not taken into consideration. The first provision to paragraph 10 says: “Provided that no such regulations may be made under this paragraph unless they are passed by a majority of not less than three-fourths of the total membership of the District Council:” This is one safeguard. The second safeguard is contained on page 184 of the Draft Constitution. It says: ‘Provided further that it shall not be competent under any such regulations to refuse the grant of a licence to a money-lender or a trader who has been carrying on business within the district since before the time of the making of such regulations.” Therefore, existing rights are not affected. The third thing to which my friend has not cared to pay any attention is the amendment I have moved, viz., “All regulations made under this paragraph shall be submitted forthwith to the Governor, and until assented to by him shall have no effect.” These precautions are there. As regards his remarks that what the Drafting Committee has done is a barbaric thing, not done even by the British Government. I may point out that he forgets the fact that this excluded area was entirely within the discretion of the Governor; it was his fault. We have altogether taken away that discretion of the Governor. He can now act only subject to the advice of the Ministry. *CAD, Vol. IX, 6th September 1949, p. 1041. †Ibid., pp. 1041-1042.

964 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES I wonder now whether my Friend Shri Rohini Kumar Chaudhari is satisfied with the explanation, I have given ? Honourable Members : Not at all. The Honourable Dr. B. R. Ambedkar : I know you want something more than what I can give. You are like hungry David Coperfield asking for more gruel. [Paragraph 10, as amended by Dr. Ambedkar’s above mentioned amendment, was added to the Schedule.] ***** (Paragraph 12) ***** *The Honourable Dr. B. R. Ambedkar : May I draw attention to my amendment No. 128 on the Order Paper? As that is going to be moved, this amendment of my friend will be quite unnecessary. Therein I am proposing the omission of the words objected to by him. Shri Kuladhar Chaliha : I am glad that for once some kind of sense has dawned upon the Drafting Committee. It is fortunate that for the first time sense has dawned on the Drafting Committee. The Honourable Dr. B. R. Ambedkar : That is because for the first time you have convinced me by your arguments. Sir, I will now move my amendment No. 128 : “That in clause (b) of paragraph 12, for the words ‘with the approval of the District Council for such district or the Regional Council for such region specify in the notification, if a resolution recommending the issue of such direction is passed by such District Council or such Regional Council, as the case may be’ the words ‘specify in the notification’ be substituted.” The Governor, by this amendment, is freed from the trammels of any resolution that may be passed by the District Council or the Regional Council. He can now act on the advice of the Ministry whether a particular law passed by Parliament or by the Legislature of Assam is to apply to that area or not. [Amendment was adopted. Paragraph 12, as amended, was added to the Schedule.] (Paragraph 13) †Mr. President: Amendment No. 129. The Honourable Dr. B. R. Ambedkar : Sir, I move : “That in paragraph 13, after the words ‘the State of Assam shall’ the words ‘be first placed before the District Council for discussion and then after such discussion’ be inserted.” *CAD, Vol. IX, 6th September 1949, p. 1043. †Ibid., p. 1044.

965DRAFT CONSTITUTION ***** Shri Rohini Kumar Chaudhuri : Mr. President, Sir, I move ? “That is amendment No. 129 above, in paragraph 13, after the words ‘and then after such discussion’ (proposed to be inserted) the words ‘and such separate statement pertaining to autonomous districts shall be subject to such modifications and alterations as the State Legislature may make’ be inserted.” Mr. President : Would you like to say anything, Dr. Ambedkar, about Mr. Rohini Kumar Chaudhuri’s amendment? The Honourable Dr. B. R. Ambedkar : I must complain that, although the words “Section 177” occur in the original draft, my Friend Mr. Rohini Kumar Chaudhuri has thought it fit to bring in this amendment No. 130. The effect of regarding it as a financial statement within the meaning of 177 means that it will be discussed by the Assam Legislature and, voted upon. Amendments may be moved and the appropriation law would apply. The only thing is that before the Assam Legislature deals with it, it is desirable to allow the District Councils to have their say as to how the money should be allocated. I hope he is now content. (Paragraph 13, as amended, was added to the Schedule) ***** (Paragraph 14) ***** *The Honourable Dr. B. R. Ambedkar : Sir, I do not think that this amendment is necessary. So far as ... Mr. President : You have yourself certain amendments to move first. The Honourable Dr. B. R. Ambedkar : Yes, Sir, I will move them first. Sir, I move: “That in sub-paragraph (1) of paragraph 14, after the words ‘autonomous districts in the State’ the words, brackets, letters and figures ‘including matters specified in clauses (b), (c), (d) and (e) of sub-paragraph (3) of paragraph 1 of this Schedule’ be inserted.” “That in sub-paragraph (1) of paragraph 14, after the words ‘autonomous districts’ in the two places where they occur, the words ‘and autonomous regions’ be inserted.” “That in clause (a) and (b) of sub-paragraph (1) of paragraph 14, after the words ‘districts’ in the two places where it occurs, the words ‘and regions’ be inserted.” “That in sub-paragraph (3) of paragraph 14, after the words ‘autonomous districts’ the words ‘and autonomous regions’ be inserted.” Some of these amendments are consequential. Others are purely verbal. Shri Kuladhar Chaliha : Mr. President, Sir, I move : “That with reference to amendment Nos. 3500 and 3501 of the List of Amendments (Vol. II), after clause (c) of sub-paragraph (1) of paragraph 14, the following new clause be added :— *CAD, Vol. IX, 6th September 1949, pp. 1046-1048.

966 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES ‘(d) inclusion or exclusion of any tribal area from any district or Regional Council.’ ” ...I trust the Drafting Committee will reciprocate the kindness after all the unkindness they have shown and that they will accept this and include my amendment in (d), it will greatly improve the clause. The Honourable Dr. B. R. Ambedkar : I should like to draw my honourable Friend’s attention to the amendment which I moved to paragraph 1 of this schedule, in which the provisions of sub-paragraph (3) were altered in certain respects. This matter which he now wants to provide is to be regulated on the recommendation of the Commission. That paragraph has already been passed, and therefore, it is not necessary. Shri Kuladhar Chaliha : Is it amendment No. 99 ? The Honourable Dr. B. R. Ambedkar : Yes, it is 99. Shri Kuladhar Chaliha : But yet you have limited the commission here in paragraph 14 to (a), (b) and (c). That is my difficulty. The Honourable Dr. B. R. Ambedkar : That is what had been passed. Shri Kuladhar Chaliha : It has already been passed, but all the same you have limited it in (a), (b) and (c). The Honourable Dr. B. R. Ambedkar : If I may explain to my honourable Friend, the operation of sub-paragraph (3) which deals with the alterations in the tribal areas either by inclusion or exclusion, are divided into two categories. The first is this : Inclusion in any part of the said table which is (a). That the Governor can do, as the very start. For that no recommendation of Commission is necessary. But according to my amendment if action is to be taken under (b), (c), (d) and (e), then the Commission’s recommendation is necessary and as I said that part has been passed by the House. It is not possible to re-open this now. Shri Kuladhar Chalihar : You have limited it again with the consideration of the report of the Commission appointed under subparagraph (1) of paragraph 14 of this Schedule. You have provided amendment No. 99 but limited it again. I should like to hear what Dr. Ambedkar has to say about it. The Honourable Dr. B. R. Ambedkar : It is not limited by paragraph 14. Shri T.T. Krishnamachari : If the honourable Member will please look at amendment No. 134, which wants the inclusion of the words “including matters specified in clauses (b), (c), (d) and (e) of subparagraph (3) of paragraph 1 of this Schedule” after the words “autono-

967DRAFT CONSTITUTION mous districts in States” in sub-paragraph (1) of paragraph 14 then he will find the object that he has in mind has already been served by this amendment. Shri Kuladhar Chaliha : Thank you, Sir. Pandit Hirday Nath Kunzru (United Provinces : General): I have some difficulty in understanding this. The amendment moved by Mr. Chaliha is to the effect that the Commission that may be appointed by the Governor should consider not merely the inclusion of any new tribal area but also its exclusion. An area may be excluded from an existing tribal area without its being included in another tribal area and that thing has not been provided for here. All that the amendment No. 99 of Dr. Ambedkar provides is that an area may be taken out of one tribal area and united to another area but there is no power given to the Commission to inquire and to report about the desirability of excluding an area altogether. Only Parliament will have the power to exclude an area, from a tribal area, but without having the considered recommendations of the Commission before it because this Commission will not be empowered to deal with the matter. The Honourable Dr. B. R. Ambedkar : If I may deal with my honourable Friend, Pandit Kunzru’s difficulty, I think my honourable Friend has not clearly understood the purpose of Mr. Chaliha’s amendment. Mr. Chaliha’s amendment is “inclusion or exclusion of any tribal area from any District or Regional Council,” that is to say, the diminution of the jurisdiction of the District or Regional Council. That is what Mr. Chaliha is speaking of. What my honourable Friend is speaking of is with the taking away altogether from an autonomous district any area and include it in the general territory of Assam. These are two quite different matters. Pandit Hirday Nath Kunzru : Why should not the Commission be asked to report on that matter? The Honourable Dr. B. R. Ambedkar : The Commission has got power to report. If my honourable Friend will read the provision, he will find the following : “The Government of Assam may at any time appoint a Commission to examine and report ‘on any matter’. “Any matter” may include also the provisions contained in paragraph 1 and they are also specifically mentioned “specified by him relating to the administration of the autonomous districts in the State or may appoint a Commission to inquire into and report from time to time on the administration of Autonomous districts” includes matters specified, that is “any matters”.