Definition of State
Equality
forced labour
Reservation
Constitutional remedies
right to property
minority rights
religious education
freedom of religion
child labour
untouchability
due process
personal liberty
right to life
freedom of speech
right to freedom
abolition of titles
equality of opportunity
Discrimination
preventive detention
double jeopardy
union list
finance commission
fiscal federalism
taxation
residuary power
union of states
kashmir
seventh schedule
state list
emergency
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supreme court
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judiciary
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powers of president
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judicial review
public health
gender
international relations
separation of powers
protection of monuments
cow slaughter
social justice
compulsory education
cottage industry
public assistance
local government
panchayat
natural resources
enforceability
proportional representation
separate electorates
election commission
integration of states
universal adult suffrage

Speaker

B.R. Ambedkar

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9.143. 453
     Sir, I do not wish to say anything at this stage because I anticipate that there would be considerable debate on this article and I propose to reserve my remarks towards the end so that I may be in a position to explain the points that might be raised against this amendment.
9.143. 452
     : Sir, I move:     "That for article 304, the following be substituted:--Procedure for amendment of the Constitution.   '304. An amendment of the Constitution may be initiated by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that ...

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9.142. 127
The pointed question has been asked whether the accused person would be entitled to appear before the Board, cross-examine the witnesses, and make his own statement. It is quite true that this sub-clause (a) is silent as to the procedure to be followed in an enquiry which is to be conducted by the Advisory Board. Supposing this sub-clause (a) i...
9.142. 126
Now I come to the Advisory Board. Two points have been raised. One is what is the procedure of the Advisory Board. Sub-clause (a) does not make any specific reference to the procedure to be followed by the Advisory Board. Pointed questions have been asked whether under sub-clause (a) the executive would be required to place before the Advisory ...

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9.133. 145
   Sir, with regard to my Friend Mr. Chaliha's amendment No. 113, I really do not understand what it means. It says : "The Governor shall make laws and regulations and entrust the District Council and Regional Councils with such powers as the State legislature may approve." I cannot understand what it means. I am therefore unable to say that I a...
9.133. 132
     The honourable Member has already moved it for me. If you will take it as it moved by me, it will save time.

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9.129. 198
     On that the House has of perfect liberty to decide, because it is matter on which the House has got complete freedom, and nobody is going to suggest that the House has its hands tied down by reason of article 13 and that it cannot do anything to impose any kind of limitation upon the newspapers. I repudiate that argument absolutely.
9.129. 246
     That is really the purpose of it. It could have been served in two different ways, either having an entry such as the one 91 included in List I or to have an entry such as the one which I have suggested – 'that anything nor included in List II or III shall fall in List I'. That is the purpose of it. But such an entry is necessary and there ...

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9.128. 320
     As it stands, the entry refers only to Committees.
9.128. 219
     : Sir, I cannot accept the amendment moved.

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9.127. 285
      Sir, I move :     "That for entry 43 of List I, the following entry be substituted :               '43. Acquisition or requisitioning of property for the purposes of the Union.'"
9.127. 177
      : Sir, I move:     " That for entry 39 of List I, the following entry be substituted :-     '39. The institutions known on the date of commencement of this Constitution as the National Library, the Indian Museum, the Imperial War Museum, the Victoria Memorial, the Indian War Memorial, and any other institution financed by the Government of...

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11.165. 327
     The story is- I propose to recount it in the words of Bryce himself- that-     "Some years ago the American Protestant Episcopal Church was occupied at its triennial Convention in revising its liturgy. It was thought desirable to introduce among the short sentence prayers a prayer for the whole people, and an eminent  New England divine pr...
11.165. 330
     I do not wish to weary the House any further. Independence is no doubt a matter of joy. But let us not forget that this independence has thrown on us great responsibilities. By independence, we have lost the excuse of blaming the British for anything going wrong. If hereafter things go wrong, we will have nobody to blame except ourselves. ...

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7.48. 234
The most criticized part of the Draft Constitution is that which relates to Fundamental Rights. It is said that Article 13 which defines fundamental rights is riddled with so many exceptions that the exceptions have eaten up the rights altogether. It is condemned as a kind of deception. In the opinion of the critics fundamental rights are not fu...
7.48. 233
The Draft Constitution is also criticised because of the safeguards it provides for minorities. In this, the Drafting Committee has no responsibility. It follows the decisions of the Constituent Assembly. Speaking for myself, I have no doubt that the Constituent Assembly has done wisely in providing such safeguards for minorities as it has done....

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9.136. 152
 : I am prepared to hold them over.
9.136. 233
The second thing is that so far as any regulation of fundamental rights is concerned, under article 27 of the Constitution which we have already passed we have left all matters of legislation regarding fundamental rights to Parliament and we have not left any power with the States. It therefore appeared to me and also to the Drafting Committee t...

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8.105. 105
: What do you want to own water for? You may then want to own the sky above.
8.105. 210
: The House will remember that in a very early stage in the proceedings of the Constituent assembly, a Committee was appointed to deal with what are called Fundamental Rights. That Committee made a report that it should be recognised that the independence of the elections and the avoidance of any interference by the executive in the elections ...

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8.102. 165
     I do not think Dr.Ambedkar's explanations can override the precise provisions of an article. As the article stands, all the provisions of articles 93 and 94 will apply to this Consolidated Fund as to the other. Therefore, the entire budget procedure will have to be duplicated.    
8.102. 162
    When passed. This is what is called Consolidated Fund Act I.  

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9.134. 205
     : Sir, I beg to move:     "That in amendment No. 153 of List I (Seventh Week), for the proposed new paragraph 20, the following be substituted:-      20. Parliamentary Commission and Amendment of the Schedule.- (1) As soon as may be after the commencement of the Constitution but not later than two years thereafter, there shall be constitut...
9.134. 181
     : Mr. Nichols-Roy, it is all right. I do not think you stand to lose anything.

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9.115. 186
Those who have come before 19th July 1948, will automatically become the citizens of India.
9.115. 185
We now come to the two categories of persons who were residents in India who have migrated to Pakistan and those who were resident in Pakistan but have migrated to India. The case of those who have migrated to India from Pakistan is dealt with in my article 5-A. The provisions of article 5-A are these-Those persons who have come to India from P...

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7.73. 183
: Well, my friend Mr. Kamath asked me to explain why we have included this provision here, with regard to the official residence of the President, and he also twitted me on the fact that I was burdening the Constitution by mentioning it and other small minutiae. It might be though that this is a small matter and might not have been included in ...
7.73. 181
: But he is quite entitled to be called Professor because he speaks so often. (Laughter.)

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9.107. 213
       : Mr. President, Sir, I beg to move : that :     "That for the proviso to article 175 the following proviso be substituted :-     'Provided that the Governor may, as soon as possible after the presentation to him of the Bill for assent, return the Bill if it is not a money Bill together with a message requesting that the House or Houses w...
9.107. 209
     : Yes.

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10.146. 112
     The provisions are quite clean and I do not think that they require any explanation.
10.146. 70
   I do not think there can be any great objection to the retention of the words "provisional Parliament" I do not propose to make any change in that. It would not be called the "Provisional Parliament" but for purposes of the language of this article I think it is necessary to say that it is the Provisional Parliament.

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7.74. 152
     There is another amendment which I might deal with because it is analogous to the amendments moved by Prof. K. T. Shah, and that is amendment No. 1178 moved by my Friend, Mr. Mohd. Tahir. He says that it is unnecessary to provide for a two-thirds majority for a charge of being guilty of violation of the Constitution. He thinks that a bare m...
7.74. 256
     Secondly, so far as this particular clause is concerned I find that his amendment is quite unnecessary, because if he will read sub-clause (1) of article 54 he will see that it is stated "to fill such vacancy enters upon his office". Surely the entering upon office will be at sometime in the day-it may be midnight or it may be 12 o'clock in...

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8.101. 105
    Sir, Amendment No. 5 standing in the name of Pandit Kunzru is also covered and therefore, it is necessary.
8.101. 104
  Sir, I also move :     "That in sub-clause (e) and (f) of clause (1) of article 90, for the words 'revenues of India', the words 'Consolidated Fund of India' be substituted."   

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7.83. 263
    And it seems to be the case in Bengal also. It is there in the Lunacy Act.
7.83. 261
    I do not know the case of other provinces, but so far as Bombay is concerned, unless the Chief Presidency Magistrate declares a person to be of unsound mind no lunatic asylum would admit him.

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11.157. 538
: All that we can do now is to decide whether we should sit tomorrow. In the meantime it would be desirable if you could invite Members who desire to speak to send in their names to you. After ascertaining the number of speakers who desire to take part in the general debate it will be possible for you to determine whether we should have two se...
11.157. 226
  Now, it is obvious that when there is a riot, insurrection or rebellion, or the overthrow of the authority of the State in any particular territory martial law is introduced. The officer in charge of martial law does two things. He declares by his order that certain acts shall be offences against his authority, and, secondly, he prescribes his...

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8.100. 98
 Sir, I move:     "That for article 196, the following article be substituted:-Prohibition of practising in courts or before any authority by a person who held office as a judge of a High Court.’’ '196.  No person who has held office as a judge of a High Court after the  commencement of this Constitution shall plead or act in any court or befor...
8.100. 185
     I am prepared to accept amendment No. 89 of Mr. Kapoor, because some people have the feeling that article 200 is likely to be abused by the Chief Justice inviting more than once a friend of his who is a retired judge. I therefore am prepared to accept the proposal of Mr. Kapoor that the invitation should be extended only after the concurren...

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10.153. 19
I do not think any further explanation is necessary so far as my amendment is concerned but if any point is raised I shall be very glad to say something in reply to it when I reply to the debate.(Amendments Nos. 426 and 427 were not moved).
10.153. 387
: It is quite clear. Section 2 of the Indian Penal Code says: "Every person". "Every person" means high or low, armed or unarmed.

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8.104. 50
In showing the necessary why it is desirable in my judgment to confer appellate criminal jurisdiction upon the Supreme Court as specified in the sub-clause of article 111-A. I proposed to separate sub-clause (a) and (b) from sub-clause (c) because they stand on a different footing. As the House knows, (a) and (b) confine the appellate jurisdict...
8.104. 151
Now I come to the main amendment moved by my honourable Friend Mr. T. T. Krishnamachari and that is article 167-A. Except for one point to which I shall refer immediately I think the amendment is well founded. The reason why the decision is left with the Governor is because the general rule is that the determination of disqualification involvin...

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10.149. 14
     Total allowances are Rs. 6,64,000 per annum, according to the budget estimate of 1949-50.
10.149. 155
Before I close, I would like to ask your permission to introduce one or two phrases in the clause which have been inadvertently omitted. I refer to Part IV, paragraph I I sub-paragraph (2). 1 would like to introduce after the word "shall" in the seventh line the following words :     "In addition to the salaries specified in sub-paragraph (1) o...

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9.120. 46
     : That is the honourable Member's opinion. My reading is that something new is being put forward now.
9.120. 48
     : The honourable Member is misrepresenting his own thoughts. Therefore, as I understand it, there is no question of my honourable Friend suggesting any alteration in the system of modifying the proceeds of the excise duty and the grant. The only question that he raised is the question of the modification of the allocation of income-tax duri...

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7.72. 45
Our proposals in the Draft Constitution, in my judgment, are sufficient for the necessities of the case. We have provided that he shall be elected by the elected members of the Legislature of the States, who themselves are elected on adult suffrage. He is also to be elected by both Houses of Parliament. The lower House of the Parliament is also...
7.72. 58
There are two views on this point. One view is this; that the legislature may be trusted not to make any law which would abrogate the fundamental rights of man, so to say, the fundamental rights which apply to every individual, and consequently, there is no danger arising from the introduction of the phrase 'due process'. Another view is this: ...

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9.126. 150
With regard to the first part of the entry, it is felt that it is a mouthful, and that many of the words are not necessary, and that the short phraseology now proposed-naval, military and air-forces-would be quite sufficient to give the Union all the powers that are necessary for the purposes of maintaining an army, navy and airforce.
9.126. 149
Honourable Members will see that this entry was a very large entry and it consisted of two parts. Part one of the entry related to the raising of the forces by the Union. Part two related to the forces of the States mentioned in Part III. In view of the fact that it has been decided to put the States in Part III on the same footing as the State...

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8.97. 388
My Friend, Mr. Tyagi, was also very much agitated over the question of who are to be regarded as foreign countries. I am sure about it that it is not the intention of my Friend, Mr. Tyagi, to involve me in any discussion about Commonwealth relationship which is a matter which has already been discussed and disposed of in the House, but I would ...
8.97. 366
: I do not think it necessary.(Amendments No. 2425, 2426 and 2427 were not moved.)

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7.76. 52
In support of the proviso, I would like to say two things. First, there is ample precedent for the proposition enshrined so to say in this proviso. My honourable Friend M. T. T. Krishnamachari has dealt at some length with the position as it is found in various countries which have a federal Constitution. I shall not therefore labour that point...
7.76. 185
With regard to the second amendment, namely, that the Ministers should not be appointed by the President on the advice of the Prime Minister, but should be chosen by proportional representation. I have not been able to understand exactly what is the underlying purpose he has in mind. So far I was able to follow his arguments, he said the method...

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8.89. 80
     : It is not in the printed list.
8.89. 52
     : On that point there are two views. One is that the marginal note is not part of the section and the other view is that the marginal note is: for instance, Mr. Mavalankar when he was in Bombay held the view that the marginal note was not the part of the section, but the present Speaker of the Bombay Assembly recently said that the margin...

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8.87. 25
Mr. President, Sir, I cannot help saying that the amendment moved by Mr. Naziruddin Ahmad is a thoroughly absurd one and is based upon an utter misconception of what the clause deals with. He does not seem to understand that there is a distinction between re-election of a person to the same office and a new election. What we are dealing with in ...
8.87. 235
Not under the Government. So they do not come under this.

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10.154. 131
Now with regard to the point made by my Friend Mr. Santhanam, it is quite true that so far as fundamental rights are concerned, the word "State" is used in a double sense, including the Centre as well as the Provinces. But I think he will bear in mind that notwithstanding this fact, a State may make a law as well as the Centre may make a law, s...
10.154. 563
Sir, this amendment, if one were to analyse it, falls into three distinct parts. There is one part which is declaratory. The second part is descriptive. The third part is objective and obligatory, if I may say so. Now, the declaratory part consists of the following phrase: We the people of India, in our Constituent Assembly, day, this month……. ...

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8.99. 65
The first observation that I propose to make is this. Article 111 is an exact reproduction of sections 109 and 110 of the Civil Procedure Code. There is, except for the amendments which I am suggesting, no difference whatsoever between article 111 and the two sections in the Civil Procedure Code. The House will therefore remember that so far as ...
8.99. 64
Sir, I would begin by reminding the House as to exactly the point which the House is required to consider and decide upon. The point is involved between two amendments: one is the amendment moved by my Friend Prof. Shibban Lal Saksena, which is in a sense an exudation of amendment 1911 and my own amendment, which is amendment No. 25 in List No....

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9.108. 102
 : Mr. President, Sir, I move. "That after Article 127, the following new Article be inserted: -Audit reports relating to accounts of a State.'127-A. The reports of the Comptroller and Auditor-General of India relating to the accounts of a State shall be submitted to the Governor or Ruler of the State, who shall cause them to be laid before the...
9.108. 115
 Sir, I move."That for Article 197, the following Article be substituted: -Salaries, etc. of Judges.'197. (1) There shall be paid to the Judges of each High Court such salaries as are specified in the Second Schedule.      (2) Every Judge shall be entitled to such allowances and to such rights in respect of leave of absence and pensions as may ...

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8.106. 112
: Sir, I move:     "That after article 291, the following new article be inserted:- Bar to jurisdiction of courts in electoral matters.             291-A. Notwithstanding anything contained in the Constitution-(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or pu...
8.106. 74
: No, Sir, not like that. I have moved the amendment. I was only giving the reasons why I have brought it up.

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9.111. 209
Sir, I also move :     "That in clause (2) of article 249, for the words 'Revenues of India' the words 'Consolidated Fund of India' be substituted." (Amendment No. 68 was not moved.)
9.111. 208
: Sir, I move:     "That in clause (1) of article 249, after the words 'such stamp duties' the words 'as are imposed under any law made by Parliament' be inserted."

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8.98. 40
     The third course open to us was the one which we have followed, namely, that the privileges of Parliament shall be the privileges of the House of Commons. It seems to me that except of the sentimental objection to the reference to the House of Commons I cannot see that there is any substance in the argument that has been advance against the...
8.98. 195
  Again, there is article 112 where the jurisdiction of the Privy Council has been vested in the Supreme Court. For the moment I would like to draw the attention of honourableMembers to the words ' decree or final order in any case or matter whether civil or criminal' so that the Supreme Court may, by special leave, draw to itself even a crimina...

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9.121. 107
     In other words, the exceptions are : namely, that one man, who is a Member of the Union Public Services Commission, may become a Chairman of the State Public Services Commission : or a Member of the State Public Services Commission can become a Chairman of the Union Public Services Commission, or become a Member of the Union Public Service...
9.121. 112
   Certainly.

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8.86. 117
: Mr. President, Sir, I beg to move:     "That the following new article be inserted after article 68 :-     '68-A. A person shall not be qualified to be chosen to fill a seat in Parliament unless he-(a) is a citizen of India;(b) is, in the case of a seat in the Council of States, not less than thirty-five years of age and, in the case of a se...
8.86. 80
: Sir, I move:     "That in the provision to clause (2) of article 68, for the words 'by the President' the words 'by Parliament by law' be substituted."   

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9.141. 3
 Sir, the position is this that according to the ruling of the Privy Council there is a distinction between civil matters and matters relating to Income-tax and, for instance, acquisition proceedings. It has been held that the proceedings relating to income-tax and to acquisition of property do not lie within the purview of what are called 'civi...
9.141. 2
 "That after article 112 A, the following new article be inserted:- Jurisdiction and powers of His Majesty in Council under existing law in certain cases to be exercisable by the Supreme Court.'112 B. Until Parliament by law otherwise provides, the Supreme Court shall also have jurisdiction and powers with respect to matters other than those ref...

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8.96. 122
: Sir, I move:"That clause (6) of Article 144 be omitted."
8.96. 257
: I do not think I need add anything to the debate that has taken place. All that I want to say is this: I am prepared to accept the Amendment of Mr. Naziruddin Ahmad No. 2210.

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9.130. 370
This is merely consequential.
9.130. 402
 : I move:     "That in entry 59 of List II, the following be added at the end:-     'Subject to the provisions of entry 21 of List III.'"

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9.135. 160
    Sir, I move :     "That for amendment No. 3037 of the List of Amendments (Volume II), the following be substituted :-"That for article 283 the following article be substituted :-  Transitional  provisions.283. Until other provisions is made in this behalf under this Constitution, all the laws in force immediately, before the commenceme...
9.135. 107
    I should have thought that that was probably the best provision that we have for the safety and security of the civil service, because it contains a fundamental limitation upon the authority to dismiss. It says that no man shall be, dismissed unless he has been given an opportunity to explain why he should not be dismissed. If such a provisi...

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7.68. 180
:  Well, the view that I take is this, that clause (3) is really unnecessary. It relates to a school maintained by a community. After school hours, the community may be free to make use of it as it likes. There ought to be no provision at all in the Constitution.
7.68. 237
: Article 19 (2) (a) covers this.

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7.62. 206
 With regard to the minorities, there is a special reference to that in Article 296, where it has been laid down that some provision will be made with regard to the minorities. Of course, we did not lay down any proportion. That is quite clear from the section itself, but we have not altogether omitted the minorities from consideration. Somebody...
7.62. 205
 Now, Sir, to come to the other question which has been agitating the members of this House, viz., the use of the word "backward" in clause (3) of article 10, I should like to begin by making some general observations so that members might be in a position to understand the exact import, the significance and the necessity for using the word "bac...

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8.103. 121
    Sir, I beg to move:     "That the heading to article 232 'Restriction on Legislative Powers' be omitted."
8.103. 123
     Now Sir, I have come to understand that there is some sentimental objection to the use of the word 'ruler'. I am prepared to yield to that sentiment and what I therefore propose is that the House should accept this amendment for the moment and leave the matter to the Drafting Committee to find a better word to replace the word 'ruler'. Othe...

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9.110. 40
  Sub-clause (d) makes it quite clear-which probably was already implicit in the Article-that the President also can exercise his powers conferred upon him by Article 102 to issue Ordinances with regard to the running of the administration of any particular province which has been taken over when both the Houses are not in session. The original ...
9.110. 39
    Sub-clause (c) of clause (1) of Article 278-A is a new clause. It provides for the sanctioning of the budget. In the original draft Article 278 no provision was made as to how to sanction and prepare the Budget of a province whose legislature has been suspended. That matter is now made clear by the introduction of sub-clause (c) of clause (1...

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9.132. 248
 : Mr. Munshi has said everything that was needed to be said and I do not think I can usefully add anything.
9.132. 125
 : We have no copies. We do not know what they are talking about.

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5.45. 147
     : It is a question of law. This House has power to change the adaptation.
5.45. 143
     I shall be brief. The first question was whether we contemplate any change in the adaptations of the Government of India act. My answer is that that is a matter for the House to determine what adaptations the House wants. But I want to assure my friends here that we have got the power to change the adaptations. The Government of India act w...

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8.93. 287
    : Mr. President, Sir, I would just like to make a few observations in order to clear the position. Sir, there is no doubt that the House in general, has agreed that the independence of the Judiciary from the Executive should be made as clear and definite as we could make it by law. At the same time, there is the fear that in the name of the ...
8.93. 288
    There is one other matter which I might mention, although it has not been provided for in my amendment, nor has it been referred to by Members who have taken part in this debate. No doubt, by clause (3) of my new article 122 we have made provision that the administration charges of the Supreme Court shall be a charge on the revenues of India...

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9.119. 200
      Sir, I beg to move:    "That article 277 be re-numbered as clause (1) of article 277, and to the said article as so re-numbered the following clause be added :-'(2) Every order made under clause (1) of this article shall, as soon as may be after it is made, be laid before each House of Parliament.' "
9.119. 137
     Sir, my amendment merely replaces the original articles 189 and 190. The only thing we are doing is that we are transferring the provisions contained in articles 189 and 190 to another and a separate part. It is because of the transposition that it has become necessary to re-number them in order to secure the necessary logical sequence of ...

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8.95. 111
It has been said in the course of the debate that the argument against election is that there would be a rivalry between the Prime Minister and the Governor, both deriving their mandate from the people at large. Speaking for myself, that was not the argument which influenced we because I do not accept that even under election there would be any ...
8.95. 195
:We have passed article 48 exactly in the same terms with reference to the President. Here, we are merely following article 48.  

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7.78. 43
   I am quite agreeable to the suggestion for the purpose of facilitating discussion.
7.78. 35
: I do not accept any of the amendments nor do I think that any reply is called for.

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9.114. 143
     This is done in order to bring the same nomenclature in article 259 which has been given to this officer in the previous article this Assembly has passed.
9.114. 153
   This is a formal one.

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9.113. 81
     Mr. President, Sir, in my reply to the debate, I do not propose to go over the many tales of woe that have been sung in this House by Members from different provinces who feel that they have been badly treated in the distribution of revenues that has been ordered under the Government of India Act, 1935. I just propose to take the few more c...
9.113. 88
   I am sorry. I stand corrected. It is 251.  It seems to me that so far as prescription of allocation is concerned, the Drafting Committee has suggested two different definitions of the word "Prescribed." One definition of "prescribed" means prescribed by the President when there is no report before him of the Finance Commission and the second ...

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9.112. 181
Before I begin with the main points, which justify the acceptance of the amendment, I should like to meet the point of criticism which has been levelled against the Drafting Committee by my Friend Professor Saksena.
9.112. 196
: The article may be held over.

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10.148. 198
  Sir, with regard to the Instrument of Instructions, there are two points which have to be borne in mind. The purpose of the Instrument of Instructions as was originally devised in the British Constitution for the Government of the colonies was to give certain directions to the head of the States as to how they should exercise their discretion...
10.148. 193
: Mr. Krishnamachari will explain.

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7.63. 267
:Sir, I accept the amendment moved by my Friend Mr. T. T. Krishnamachari.
7.63. 273
: Certainly it is just commonsense that if the Constitution says that no person shall accept a title, it will be an obligation upon Parliament to see that no citizen shall commit a breach of that provision.The Assembly then adjourned till Half Past Nine of the Clock on Wednesday, the 1st December 1948.The Assembly then adjourned till Half Past N...

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7.66. 220
  I do not accept the amendment moved by Mr. DamodarSwarup--No. 564.
7.66. 190
    I understand it was not moved.

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7.65. 164
   Then I accept No.453 as modified by amendment No. 86, and amendment No. 49 in List I as modified by the amendment of Pandit Thakur Dass Bhargava which introduces the word `reasonable'.
7.65. 162
   The amendment which seeks to remove the words `subject to the other provisions of this article'.

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7.75. 12
With regard to the suggestion which has been made both by Mr. Bharathi and Mr. Naziruddin Ahmad about the use of the words "alternative vote", all I can say is this. If it is merely a matter of change of language, it might be possible for the Drafting Committee at a later stage, to consider this matter. But if--and I am not prepared to commit m...
7.75. 153
 :  It might be desirable that I explain in a few words in its general outline the scheme embodied in article 59. It is this: the power of commutation of sentence for offences enacted by the Federal Law is vested in the President of the Union. The power to commute sentences for offences enacted by the State Legislatures is vested in the Governo...

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7.58. 55
     May I explain, Sir? I find among the Members who are interested in the subject, there are two divisions: one division believes in cottage industries solely on a co-operative basis; the other division believes that there should be cottage industries without any such limitation. In order to satisfy both sides, I have used this phraseology del...
7.58. 52
     I have no objection if you allow that. I think Mr. Nagappa's suggestion that agricultural lab our is as important as industrial lab our and should not be merely referred to by the word 'otherwise', has some substance in it. However, it is a matter of ruling and it is for you to decide.

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7.64. 229
 Sir, I move:     "that with reference to amendment No. 454......"
7.64. 188
     Sir, if I might interrupt my honourable friend, I have understood his point and I appreciate it and I undertake to reply and satisfy him as to what it means. It is therefore unnecessary for him to dilate further on the point.

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10.147. 264
    The other provisions arc merely ancillary.
10.147. 235
    With regard to the point raised by my Friend Prof. Saksena in which he referred to the footnote to article 308. I am quite free to confess that on a better consideration, it was found by the Drafting Committee that the removal of difficulties clause may not be properly used for this purpose. In order to remove all doubt, we thought it was be...

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8.90. 221
     With regard to the third case, I think it is a point which requires consideration. We have had two cases in this country. One was the case which occurred during the war when a Judge of the Federal Court was sent round by the then Government of India on diplomatic mission. We have also had during the regime of this Government the case where...
8.90. 158
     With regard to the question of the concurrence of the Chief Justice, it seems to me that those who advocate that proposition seem to rely implicitly both on the impartiality of the Chief Justice and the soundness of his judgment. I personally feel no doubt that the Chief Justice is a very eminent, person. But after all the Chief Justice is...

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7.60. 57
: I understand Mr.Kamath is moving an amendment.
7.60. 61
Sir, I move.

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9.109. 286
: I do not know; so much time has been taken up in the debate. If the Members who have taken part in the debate desire that I should say something, I should be glad to do so and even then it can only be done tomorrow.
9.109. 108
The last clause is self-explanatory and it merely provides what I think is the intention of clause (1) that even though there is not the actual occurrence, if the President thinks that there is an imminent danger of it, he can act under the provisions of this article.

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7.59. 38
    Yes.
7.59. 65
    Sir, I accept the amendment of Mr. Tyagi as amended by the amendment of Prof. ShibbanLalSaksena. (Laughter)

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9.118. 228
     I have been telling my honourable Friends that the Statement of Objects and Reasons is not a part of the Act and therefore, there can be no amendment moved to the deletion of any word or clause or sentence in the Statement of Objects and Reasons. As soon as this Bill becomes an Act, that Statement of Objects and Reasons will be thrown into ...
9.118. 226
     I have said that the other provisions are merely reproductions of what is contained in the original Section 291. This power is not being taken for a wanton or an unnecessary purpose nor is it intended to be used for anything other than a bona fide purpose. Therefore having regard to these circumstances my submission is that clause 4 is a pe...

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9.125. 105
 In proposing this amendment, I have not the slightest desire to offend the sentiments of some of the, Members who have spoken against the draft on the ground that God has been placed below the line. Sir, in this matter I must admit that we have really no consistent policy which we have followed. For instance, in article 49, which has been passe...
9.125. 88
 : Yes, I remember that.

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8.88. 210
: No, Sir. I do not think any reply is necessary.
8.88. 187
: Sir, I move:That in the proviso to article 91, for the words 'not later than six weeks' the words 'a soon as possible' be substituted.

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7.54. 114
     As regards the amendment moved by Prof. Shah, I do not see much difference between my amendment as contained in sub-clause (a) of the new proviso and his. He says that the discussion shall be initiated in the States. My sub-clause (a) of the proviso also provides that the States shall be consulted. I have not the least doubt about it that ...
7.54. 113
     With regard to (b), the provision is that there shall be consent. The distinction, as I said, is based upon the fact that, so far as we are at present concerned, the position of the provinces is different from the position of the States. The States are sovereign States and the provinces are not sovereign States. Consequently, the Governmen...

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8.94. 165
: Sir, I want to say a word regarding the procedure to be followed. taking the article 131, as it is, no doubt it is put in an alternative form. The two alternatives have one thing in common viz., that they propose the Governor to be elected. The form of election is for the moment a subsidiary question. As against that, there are three or four...
8.94. 142
: Sir, this article is an exact reproduction of article 42 which deals with the executive power of the Union. There is no change made at all. Word for word this article is a reproduction of article 42. I find from the book of amendments that exactly similar amendments were tabled to article 42 and they were debated at greatlength. I do not thi...

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7.53. 40
The second reason is that the amendment is purely superfluous. My Honourable friend,Prof. Shah, does not seem to have taken into account the fact that apart from the Fundamental Rights, which we have embodied in the Constitution, we have also introduced other sections which deal with directive principles of state policy. If my honourable friend ...
7.53. 39
: Mr. Vice-President Sir, I regret that I cannot accept the amendment of Prof. K. T. Shah. My objections, stated briefly are two. In the first place the Constitution, as I stated in my opening speech in support of the motion I made before the House, is merely a mechanism for the purpose of regulating the work of the various organs of the State...

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7.77. 150
: I have dealt with that.
7.77. 148
Now, Sir, I come to the amendment of my honourable Friend, Mr. Naziruddin Ahmad. He wants the deletion of the latter part of the amendment which I moved. His objection was that if the latter part of my amendment remained, it would nullify the earlier part of my amendment, namely, the obligation of the minister to follow the directions given in ...

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9.123. 125
With regard to the point raised by my Friend Mr. Pillai that the population according to which seats are to be reserved should be estimated by a fresh census, that matter has been agitated in this House on very many occasions. I then said that it was quite impossible for the Government to commit itself to taking a fresh census but the Governmen...
9.123. 214
       Sir, I move:         "That after article 295, the following new article be inserted:-Reservation of seats for Scheduled castes and Scheduled tribes to cease to be in force after the expiration of ten years from the commencement of this Constitution.'295-A. Notwithstanding anything contained in the foregoing provisions of this Part, the pr...

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3.20. 68
 I submit that we ought not to rest content with that kind of reasoning which the Supreme Court in India may adopt or may not adopt. Therefore, my, suggestion is this, that, just as in the case of the other clause dealing with citizenship you were good enough to remit the matter to a small committee to have it further examined. It will be desira...
3.20. 67
May I make a suggestion? We have heard the arguments of Sir AlladiKrishnaswamiAyyar who has said that according to his reading of the rulings of the Supreme Court of the United States, even if the Explanation was not there, the State would be permitted to have compulsory military service. Fortunately, for me I also happened to look into the very...

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7.56. 181
:If he wants to withdraw, I have no objection; let him withdraw.
7.56. 170
As to the rest of the amendments, I am afraid I have to oppose them.

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9.122. 163
     Mr. President, Sir, after the speeches that have been made by my Friend Mr.Ananthasayanam Ayyangar and my Friend Mr. Kunzru, there is very little that is left for me to say in reply to the various points that have been made. Mr. Jaspat Roy Kapoor said that clause (2) was unnecessary. I do not agree with him because clause (2) deals with a m...
9.122. 168
     : Yes, but in the meantime, there is no prohibition on any provincial government to make provisions for what are called the backward classes. They are left quite free, by article 10. Therefore, my submission is that there is no fear that the interests of the backward classes or the Scheduled castes will be overlooked in the recruitment to t...

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7.57. 184
: Sir, as I said, I accept the amendment. I have nothing more to add.(An Honourable Member rose to speak.)
7.57. 144
: Sir, I accept the amendment. (At this stage Seth Govind Das rose to speak).

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7.69. 195
With regard to the first question, my Friend, Mr. Lari, as well as my Friend, Maulana Hasrat Mohani, both of them, charged the Drafting Committee for having altered the original proposition contained in the Fundamental Right as was passed by this House. It is quite true that the language of paragraph 18 of the Fundamental Rights Committee has b...
7.69. 199
My Friend, Mr. Lari and the Maulana will therefore see that there has been from their point of view a greater improvement than what was found in the original article. Certainly there has been no deterioration in the position at all as a result of the change made by the Drafting Committee.

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7.55. 38
     For the present I submit we shall be acting wisely by respecting the agreement which has been arrived at by the two Negotiating Committees and following it up until by further agreement we are in a position to change the basis rather with goodwill, peace and honour to both sides Sir, I oppose the amendment. (Cheers).
7.55. 37
     Now, Sir, with regard to this question of differentiation between the Indian States and the Provinces of British India a great lot has been said, and I quite realise that the House is terribly excited over the distinction that the Constitution seeks to make but I should like to tell the House two things. One is this that we are at the pres...

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9.117. 139
If he will read the provisions again, he will find that it is only with regard to those who have entered Assam before 19th July 1948, that they have been declared, automatically so to say, citizens of Assam if they have resided within the territory of India. But with regard to those who, have entered Assam, whether they are Hindu Bengalees or w...
9.117. 138
The points of criticism with which I am mostly concerned are those which have been leveled against those parts of the articles which relate to immigrants from Pakistan to India and to immigrants from India to Pakistan. With regard to the first part of the provisions which relate to immigrants coming from Pakistan to India, the criticism has mai...

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7.71. 47
    With regard to the question of separating the Executive from the Judiciary, as I said, there is no difference of opinion and that proposition, in my judgment, does not depend at all on the question whether we have a presidential form of government or a Parliamentary form of government, because even under the Parliamentary form of Government ...
7.71. 45
  Mr. Vice-President, Sir, this matter, as honourable Members will recall, was debated at great length when we discussed one of the articles in the Directive Principles which we have passed. It was at my instance that it was sought to incorporate in the Directive Principles an item relating to the separation of the executive and the judiciary. O...

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11.156. 403
     : Sir, if my friend Mr. Sidhva were to refer to clause (12) of article 366 in the draft as revised by the Drafting Committee, he will notice that there is really nothing new in sub-clause (3) of article 367 which is the subject, matter of amendment No. 562-A. Article 366 is a definition article and clause (12) there attempts to define what ...
11.156. 253
 Sir, I move:     "That in sub-clause (b) of clause (1) of article 72, for the words 'offence under any law' the words 'offence against law' be substituted."

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7.81. 12
    Sir, I oppose the amendment, and all that I need say is this, that the basic principles of the amendment is so fundamentally opposed to the basic principles on which the Draft Commission is based, that I think it is almost impossible, now to accept any such proposal.
7.81. 162
   Sir, I beg to move:     "That for the proviso to clause (3) of article 149, the following be substituted :--'Provided that where the total population of a State as ascertained at the last preceding census exceeds three hundred lakhs, the number of members in the Legislative Assembly of the State shall be on a scale of not more than one member...

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9.144. 163
I have no time to hear. 
9.144. 157
There is a lot of work to be done.

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7.79. 200
    Amendment No. 1426 for dropping the words of India may be put, Sir.
7.79. 193
    I have accepted the amendment of Mr. Naziruddin Ahmad as amended by him and as amended by ShriBhargava.

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7.79. 200
    Amendment No. 1426 for dropping the words of India may be put, Sir.
7.79. 193
    I have accepted the amendment of Mr. Naziruddin Ahmad as amended by him and as amended by Shri Bhargava.

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6.47. 183
     Sir, if I may make a suggestion with a view to economise time. These are all drafting amendments. If this House were to pass a resolution that all these amendments should be taken into consideration by the official draftsmen and incorporated wherever he thinks necessary, that will be better. If we were to take up the amendments one by one, ...
6.47. 181
     Sir, if I may reply to this point. If the Honourable Mover will only refer to the beading of the chapter he will see that the chapter is called "Legislation for making provision as to the Constitution of India." These rules relate to no other Bill except the Bill amending the Constitution. Therefore the word "such" is absolutely unnecessary.

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11.155. 38
     Sir, I do not propose to make any very long statement on the report or on the recommendations made by the Drafting Committee for the purpose of revising or altering the articles as they were passed at the last session of this Assembly. The only thing that I wish to say is that I would not like to apologise to the House for the long list of ...
11.155. 37
: Mr. President, Sir, I have to present the report of the Drafting Committee together with the Draft Constitution of India as revised by the Committee under rule 38-R or the Constituent Assembly rules. Sir, I move--     "That the amendments recommended by the Drafting Committee in the Draft Constitution of India be taken into consideration."

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1.7. 29
In the course of the debate that took place, there were two questions which were raised, which struck me so well that I took the trouble of taking them down on a piece of paper. The one question was, I think, by my friend, the Prime Minister of Bihar who spoke yesterday in this Assembly. He said, ‘how can this Resolution prevent the League from...
1.7. 28
So far as the ultimate goal is concerned, I think none of us need have any apprehensions. None of us need have any doubt. Our difficulty is not about the ultimate future. Our difficulty is how to make the heterogeneous mass that we have to-day take a decision in common and march on the way which leads us to unity. Our difficulty is not with reg...

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9.124. 94
   For the Scheduled tribes I am prepared to give far longer time. But all those who have spoken about the reservations to the Scheduled Castes or to the Scheduled tribes have been so metriculous that the thing should end by ten years. All I want to say to them in the words of Edmund Burke, is "Large Empires and small minds go ill together".
9.124. 92
     I would like to say one or two words on the remarks of Members of the Scheduled Castes who have spoken in somewhat passionate and vehement terms on the limitation imposed by this article. I have to say that they have really no cause for complaint, because the decision to limit the thing to ten years was really a decision which has been arr...

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9.124. 94
   For the Scheduled tribes I am prepared to give far longer time. But all those who have spoken about the reservations to the Scheduled Castes or to the Scheduled tribes have been so metriculous that the thing should end by ten years. All I want to say to them in the words of Edmund Burke, is "Large Empires and small minds go ill together".
9.124. 92
     I would like to say one or two words on the remarks of Members of the Scheduled Castes who have spoken in somewhat passionate and vehement terms on the limitation imposed by this article. I have to say that they have really no cause for complaint, because the decision to limit the thing to ten years was really a decision which has been arr...

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9.140. 497
 No; no. It is not in today's Order Paper.
9.140. 412
  : Those Members who have moved amendments and do not want them to be put to vote may be taken to have given you the authority that they do not want to press them.

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7.82. 97
     : No, Sir. I do not accept Mr. Kamath's amendment.
7.82. 82
     : Mr. Vice-president, Sir, I do not think any, reply is called for.

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11.166. 162
 Sir, the reason for bringing in this amendment is this: It will be noticed that in article 8 there are two expressions which occur. In sub-clause (1) of article 8, there occurs the phrase "laws in force", while in sub-clause(2) the words "any law" occur. In the original draft as submitted to this House, all that was done was to give the definit...
11.166. 161
     Sir, I move:     "That for clause (3) of Article 8, the following be substituted:--     (3) In this article--(a) the expression `law' includes any Ordinance, order, bye-law, rule, regulation, notification, custom, or usage having the force of law in the territory of India, or any part thereof;(b) the expression `laws in force' includes laws...

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7.61. 162
 Sir, the reason for bringing in this amendment is this: It will be noticed that in article 8 there are two expressions which occur. In sub-clause (1) of article 8, there occurs the phrase "laws in force", while in sub-clause(2) the words "any law" occur. In the original draft as submitted to this House, all that was done was to give the definit...
7.61. 177
     Probably he may not find it necessary to continue his speech if I refer to him this fact, namely, that the expression "law" in (3) (a) has reference to law in 8(1).

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3.600. 3
 why do you think xyz is not important. What do you have against xyz? We must discuss everything including xyz
3.600. 1
 This not really clear because I am really not into this right now

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10.150. 2
Sir, I move."That article 224 be omitted.""That article 225 be omitted.""That after article 235, the following new article be inserted, namely:--Armed forces in States in Part III of the First Schedule., '235 A.  (1) Notwithstanding anything contained in this Constitution, a State for the time being specified in Part III of the First Schedule ha...
10.150. 200
I would ask Mr. T. T. Krishnamachari to move the amendments on my behalf.

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11.605. 4
go go gim gim
11.605. 3
boom bah boom jfk

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11.158. 5
   I propose to speak at the end. It is not the usual thing to speak now.
11.158. 2
     Mr. President, Sir, I move :     " That the Constitution as settled by the Assembly be passed."(Cheers)

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4.27. 171
    It should not be. concluded today.
4.27. 72
      The sentence will read now, "If the Bill is passed again by the legislature with or without amendments, he shall assent to it".

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10.152. 314
     I have nothing to say.
10.152. 314
     I have nothing to say.

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3.21. 118
I think that a clause somewhat on these lines is necessary and it will cover the case of people who are born in India, who will be the subjects of the Union, when the Union comes into being. Without this clause, large numbers of people will be de-nationalized. They will have no nationality at all. I, therefore, suggest that it may be as well to ...
3.21. 117
is a point of great importance and we have to take this matter seriously. The difficulty that has arisen will be seen easily if one reads the very first sentence of the clause as drafted by the Committee. The draft says, 'every person born in the Union'. Obviously that has reference to future, those who will be born in the Union after the Union...

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6.601. 2
Does everyone understand my approach towards xyz. This is xyz. That is xyz. Everything can be xyz. Shall we continue with xyz
6.601. 1
xyz is not clear to me but xyz is not clear to others. That does not mean that xyz does not wholly make sense. We must make xyz more clear.

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10.145. 17
      I think, Sir. that 10 to 1 will be all right.

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9.138. 336
      : I am not moving amendment No. 73.

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9.116. 89
: But he has not even moved it! Oh, that proviso-yes, I have accepted it.

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7.602. 1
: xyz first, xyz second, xyz third, xyz fourth, xyz fifth, xyz sixth, xyz seventh, xyz eight. I hope members can deal with all of this

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3.18. 21
I do not wish to interrupt the speaker; but in dealing with clause 8(e), he is rather giving a wrong impression of the whole clause.
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