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
parliamentary executive
supreme court
high court
judiciary
governor
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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9.143.6
     There are, of course, two ways of dealing with this matter. One way was to continue the jurisdiction of the Privy Council and dispose of all the appeals that are now pending before it. That was the procedure that was adopted in the Irish Constitution by article 37 whereby it was stated that nothing in their Constitution would affect the ju...
9.143.5
     According to the information which we have, this list of cases which is prepared for hearing at the next session of the Privy Council contains about twenty appeals, which means that on the 26th January, 1950, sixty appeals will remain pending undisposed of; and the question really that we are called upon to consider is this. What is to be ...

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9.142.114
The other question is...........
9.142.227
: Sir, I move: "That after article 209, between Chapters VII and IX of Part VI the following be inserted:--"Chapter VIIISubordinate Courts.Appointment of District Judges.209A (1) Appointments of persons to be, and the posting and promotion of district judges in any State shall be made by the Governor of the State in consultation with the High ...

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9.133.136
     Sir, I move     "That after sub-paragraph (2) of paragraph 3, the following sub-paragraph be added :--'(3) All laws made under this paragraph shall be submitted forthwith to the Governor, and until assented to by him shall have no effect'." (Amendment No. 258 was not moved.)
9.133.103
     Now, the position of the tribals in Assam stand on a somewhat different footing from the position of the tribals in other parts of India.

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9.129.222
  : In that case, they should withdraw the amendment.
9.129.463
: No, he cannot because under the General Clauses Act, land includes the buildings. 

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9.128.13
  : I am not accepting your quibbling.
9.128.11
     The entry merely provides for the extension or the exclusion of the jurisdiction.

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9.127.313
           "That for entry 52 of List I, the following entry be substituted:-     '52. Constitution and organisation of the Supreme Court and the High Courts; jurisdiction and powers of the Supreme Court and fees taken therein; persons entitled to practice before the Supreme Court or any High Court'. "
9.127.354
     Now coming to the points raised by my Friend Dr. Panjabrao Deshmukh, I am very sorry that I cannot accept his suggestion. Because he wants to enlarge entry 52 in such a manner and to such a magnitude as to include every court in this country. It is an impossible proposition and I am afraid I cannot accept it.

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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...
11.165.140
     : It seems to me that both these suggestions are impracticable. As to the general proposition whether Parliament should be brought in or not, we have to deal with two matters. One is that there is a general desire on the part of some of the provinces that the names by which they have been called under the Government of India Act 1935 do no...

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7.48.198
In the Draft Constitution there is placed at the head of the Indian Union a functionary who is called the President of the Union. The title of this functionary reminds one of the President of the United States. But beyond identity of names there is nothing in common between the forms of Government prevalent in America and the form of Government ...
7.48.192
The Drafting Committee was in effect charged with the duty of preparing a Constitution in accordance with the decisions of the Constituent Assembly on the reports made by the various Committees appointed by it such as the Union Powers Committee, the Union Constitution Committee, the Provincial Constitution Committee and the Advisory Committee on...

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9.136.272
I said when moving an amendment to article 302 that a consequential amendment would be necessary in article 202. I am therefore moving this Article 202 as amended will now read as follows: -"Notwithstanding anything contained in article 25 of this Constitution, every High Court shall have power, throughout the territories in relation to which it...
9.136.303
Sir, if you permit me, I shall move the other amendments also and then offer some general observations to enable Members to understand the changes that we propose to make.

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8.105.183
 Sir, perhaps it might be desirable be desirable if I read to the House how the article would stand if the various amendments which I have moved were incorporated in the article. The article would read thus:     "The Government of India may sue or be sued in the name of the Union of India, and the Government of a State for the time being specif...
8.105.161
: If there is any difficulty about the language it will be looked into by the Drafting Committee; I was explaining the technical difference between assurance and contract.

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8.102.168
   As I stated, there is no question of grant with regard to service charged on the revenues.   
8.102.281
     Sir, I move: "That in clause (1) of article 178, for the words 'revenues of a State', the words 'Consolidated Fund of a State' be substituted." (Amendment No. 2490 was not moved.)

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9.134.204
     : Sir, I move:     "That after paragraph 19, the following new paragraph be inserted:-     '20. Amendment of the Schedule.-(1) Parliament may from time to time by law amend by way of addition, variation of repeal any of the provisions of this Schedule and when the Schedule is so amended, any reference to this Schedule in this Constitution ...
9.134.151
     With regard to the second sub-clause (2), the position is this. It is quite true that so far as the Fifth Schedule is concerned, we do give the Governor the power to make regulations in respect of that area, but we do not propose to give that power to the Governor in the case of the Sixth Schedule. It is for this reason that in the case of...

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7.73.100
: But that is not the amendment.
7.73.98
For these reasons I do not accept any of the amendments.

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9.115.189
Then I come to those who have migrated to Pakistan but who have returned to India after going to Pakistan. There the position is this. I am not as fully versed in this matter as probably the Ministers dealing with the matter are, but the proposal that we have put forth is this if a person who has migrated to Pakistan and, after having gone ther...
9.115.188
The persons coming from Pakistan to India in the matter of their aquisition of citizenship on the date commencement of the Constitution are put into two categories-those who have come before 19th July 1948, and those who have come afterwards. In the case of those who have come before the 19th July 1948 citizenship is automatic. No conditions, n...

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9.107.104
     : I do not think any reply is called for.
9.107.80
     I commend this article to the House.

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10.146.43
    There is all amendment by Shri Brajeshwar Prasad adding a new article 307A.
10.146.170
    Sir, I move:     "That after article 312, the following new articles be inserted :--Provisions as to provisional Governor of Provinces - '312A.  Any person holding office as Governor in any Province immediately before the commencementof this Constitution shall after such commencement be the provisional Governor of the corresponding State for...

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7.74.321
    Sir, I move:     "That for sub-clause (a) of the Explanation to clause (4) of article 55, the following be substituted:--'(a)  he is the Governor of any State for the time being specified in Part I of the First Schedule or is a minister either for India or for any such State, of'."
7.74.60
   Sir, I beg to move:     "That in clause (4) of article 50, for the words 'passed, supported by' the words 'passed by a majority of' be substituted."

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8.101.98
: Sir, I move that this article be deleted.
8.101.110
    There is also an important idea behind this notion of a Consolidated Fund. This notion of a Consolidated Fund, as Members might know, arose in England some time about 1777. The object why the Consolidated Fund was created in England was this. Originally Parliament voted taxes to the King, leaving the King to collect and spend it on such purp...

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7.83.287
  Mr. Vice-President, Sir, in reply to the debate on article 149, I wish, first of all, to make clear my position with regard to my own amendment which was No. 2255. I want the permission of the House to withdraw this amendment; and in lieu of that I accept amendment No. 2249, as amended by amendment No. 48 of List II by Mr. Naziruddin Ahmad.
7.83.266
     Yes, and those willed prescribed by Parliament.

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11.157.238
  Something was said with regard to article 128. It was contended that we ought not to pamper our judges too much. All that I would say is that the question with regard to the salaries of judges is not now subject to scrutiny. The House has already passed a certain scale of salary for existing judges and a certain scale of salary for future judg...
11.157.236
 It is in order to avoid this kind of litigation as to delegation of authority for acts that we thought it was necessary to introduce a provision like article 77. This article of course does not take away the power of the Parliament to make a law permitting other persons to have delegated authority as to permit them to act in the name of the Gov...

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10.153.379
 : Mr. President Sir, in view of the observations made by my honourable Friend, Prof. Shibban Lal Saksena, it has become Incumbent upon me to say something in relation to the proposed article moved by my honourable Friend, Mr. T. T. Krishnamachari. It is quite true that on the occasion when we considered article 112 and the amendment moved by m...
10.153.373
 : Are they relevant to this discussion? How does the Income-tax tribunal come here?

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8.100.27
Sir, I move:     "That with reference to amendment No. 2622 of the List of Amendments, Explanation II to clause (2) of article 193 be omitted."
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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8.104.56
No. No appeal from the High Court.
8.104.209
It is to be held over.

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10.149.1
:Mr. President, Sir, I would like to say a few words in explanation of the provisions contained in the Second Schedule, and I would like to begin with that part which deals with the salary of judges.
10.149.153
With regard to the judges' salary two questions have been raised. There are some here in this House who have said that the judges' salaries should be at a higher level than what is fixed in the Schedule. There are others who have said that the standard of salary we have fixed has no relation to the capacity of the country to pay. In my judgemen...

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9.120.51
    As I have said, I have made another amendment in the original draft which left the matter entirely and completely to the discretion of the President and Parliament had no say in the matter. By the new amendment I have proposed it is now possible for Parliament to consider any order that the President may make with regard to the allocation of...
9.120.215
    Now, I proceed to deal with amendment No. 78 of Pandit Bhargava. In that amendment he has stated that the order issued by the President suspending the provisions of any of these fundamental rights shall be expressly ratified. He says that there must be express ratification by Parliament of an order issued by the President. The draft article ...

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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: ...
7.72.57
The question of "due process" raises, in my judgment, the question of the relationship between the legislature and the judiciary. In a federal constitution, it is always open to the judiciary to decide whether any particular law passed by the legislature is ultra vires or intra vires in reference to the powers of legislation which are granted b...

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8.97.110
That, I think, ought not to be forgotten. This article, nowhere, either in clause (a) or clause (b) or clause (c), says that the Governor in any particular circumstances may overrule the Ministry. Therefore, the criticism that has been made that this article somehow enables the Governor to interfere or to upset the decision of the Cabinet is en...
8.97.364
: No, Sir, they won't read cumulatively.

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9.126.24
: They cover the whole of List 1. Therefore my submission is that the complaint, so far as he is individually concerned, that be did not have time, must be regarded as absolutely unfounded.UNION LISTEntry 1
9.126.73
  The only words added are "and Investigation". Otherwise the entry is the same as it exists in the draft.

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7.76.190
: The position of the Governor is exactly the same as the position of the President, and I think I need not over-elaborate that at the present moment because we will consider the whole position when we deal with the State Legislatures and the Governors. Therefore, in regard to the Prime Minister, the other thing is to allow the House to select...
7.76.203
: That does not require any reply. All that has to be left to the Prime Minister.

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8.89.164
     : Article 61 follows almost literally various other constitutions and the Presidents have always understood that that language means that they must accept the advice. If there is any difficulty, it will certainly be remedied by suitable amendment.
8.89.42
     With regard to the amendment moved by my Friend Mr. Naziruddin Ahmad, he has not understood that the important words in sub-clause (2) are 'in whom powers are vested'.

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8.87.235
Not under the Government. So they do not come under this.
8.87.89
Sir, this is just a slip and it has to be corrected.

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10.154.486
: They have been disposed of!
10.154.81
Secondly, in enacting any measure under any of the Entries contained in List II, for instance, debt cancellation or any such matter it would be open for the Provinces to say that the decree made by any such Court or Board shall be final and conclusive, and that the High Court should have no jurisdiction in that matter at all.

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8.106.139
: Sir, I move:  "That with reference to amendment No. 3186 of the List of Amendments in clause (1) of article 300 after the word figure 'Part I' the words and figures 'and Part III' be inserted."
8.106.68
: You cannot deal with a constitution on technical points. To many technicalities will destroy constitution-making.

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8.99.214
Sir, I accept the amendment moved by my Friend Mr. Tek Chand. The point is a very simple one. We are undoubtedly repealing the Government of India Act, 1935, and the Indian Independence Act and the orders made thereunder from the date of the passing of this Constitution; but it has to be realised that while we are putting these Statutes, so to ...
8.99.188
Mr. President, I regret very much that I cannot accept the amendment moved by my honourable Friend Mr. Lari. It seems to me that he has completely misunderstood what is involved in his amendment.

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9.108.77
 : If my honourable Friend chooses to call it childish he may do so, but I have no doubt that the new clause is a greater improvement than the clause as it stood. I am sorry if Pandit Kunzru is not satisfied, but he did not raise any point to which I have not given an explanation.
9.108.103
The House will remember it has now adopted Articles whereby the auditing and accounting will become one single institution, so to say, under the authority of the Comptroller and Auditor-General. It is, therefore, necessary that we should make some provision that the reports relating to the audit and accounts of a particular State shall be submit...

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9.111.154
: May I say a word? In view of the point that has been made as to whether the suspension of the proceedings should take place by the order of the President which of course means on the advice of the Executive, which of course also means that the Executive has the confidence of the Legislature, there is no doubt a difference of opinion as to whe...
9.111.169
These amendments are only consequential to what we have already accepted previously.

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8.98.80
       Mr. President, Sir, I move:      "That in article 109, for the words `if in so far as' the words `if and in so far as' be substituted."(Amendment Nos. 1896 and 1897 were not moved.)
8.98.44
    That is only a drafting suggestion. For instance, it can be said that most of the articles we are adopting for the State Legislatures are more or less the same article which we have adopted for the Parliament at the Centre. We might as well say that in most of the other cases the same provisions will apply to the State Legislature but as we ...

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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."   
8.86.108
: Mr. President, Sir I do not think that anything has been said in the course of the debate on my amendment, No. 1464, which calls for a reply. I think the amendment contains a very sound principle and I hope the House will accept it.

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7.62.126
      For instance, none of us, I think, would like that a separate school should be established for the Scheduled Castes when there is a general school in the village open to the children of the entire community. If thee words are added, it will probably give a handle for a State to say, 'Well, we are making special provision for the Scheduled ...
7.62.129
     I should like to point out therefore that the word 'shop' used here is not used in the limited sense of permitting entry. It is used in the larger sense of requiring the services if the terms of service are agreed to.

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9.121.201
     The first criticism is with regard to the composition of the Public Service Commission. The reservation made there that at least one-half of the members of the Public Service Commission should have been servants of the Crown has been objected to on the ground that this is really a paradise prepared for the I. C. S. people. I am sorry to sa...
9.121.103
     Then I come to the removal of the members of the Public Service Commission. That matter is dealt with in article 285-A. Under the provisions of that article, a member of the Public Service Commission is liable to be removed by the President on proof of misbehaviour. He is also liable to be removed by reason of automatic disqualification. T...

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9.135.203
Sir, all that I need do at this stage is to inform the House that originally the articles dealing with freedom of trade and commerce were scattered in different parts of the Draft Constitution. One article found its place in the list of Fundamental Rights, namely, article 16, which said that trade and commerce, subject to any law made by Parliam...
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...

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8.96.90
: Sir, I move:"That for clause (1) of Article 144, the following be substituted:-`144.(1) The Chief Minister shall be appointed by the Governor and the other ministers shall be appointed by the Governor on the advice of the Chief Minister and the ministers shall hold office during the pleasure of the Governor;Provided that in the States of Bih...
8.96.122
: Sir, I move:"That clause (6) of Article 144 be omitted."

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9.141.123
:I must tell my honourable Friend Mr. Kamath that he is worsening the position. Our intention is that the words "as soon as possible" really mean immediately after arrest if not before arrest. Clause (2) says that every person who is arrested and detained in custody shall be produced before the-nearest magistrate within a period of twenty four ...
9.141.120
: That is the intention. You are worsening the position by your amendment.

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9.130.327
 : Sir, I am very much afraid that both my friends, Mr. Shibban Lal and Mr. Sahu, have entirely misunderstood the purport of this entry 45 and they are further under a great misapprehension that if this entry was omitted, there would be no betting or gambling in the country at all. I should like to submit to them that if this entry was omitted,...
9.130.407
  That is taken in the Concurrent List.

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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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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...
8.103.104
    May' means shall. There is no difficulty at all.

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9.110.12
: No Sir. It is not necessary for me to say anything.
9.110.32
With regard to Articles 278 and 278-A although they appear as two separate clauses, they are merely divisions of the original Article 278. 278 has something like seven clauses. The first four clauses are embodied in the new Article 278. Clauses (4) onwards are put in Article 278-A. The reason for making this partition, so to say, is because othe...

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9.132.5
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 L...
9.132.4
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 Tri...

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5.45.133
     If he refers to section 8 sub-clause (1) of the Indian Independence Bill, he will realise that under that section the power of adapting the Government of India Act of 1935 to suit the new status, which the Constituent Assembly has as a legislature, has been vested entirely in the Governor-General. I think it is possible that the Governor-G...
5.45.75
     Sir, I do not think it is necessary for me to take the time of the House any more than I have done. I think what I have said will sufficiently remind Members of what the Committee has done and will enable them to proceed to deal with the report in the best way they like.

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8.93.159
    Sir, I beg to move:     "That in article 107 the words 'subject to the provisions of this article' be deleted."
8.93.151
    I accept the two amendments--No. 124 of List No. VI and amendment No. 1883.

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9.119.118
Yes, I have to withdraw it.The amendment was, by leave of the Assembly, withdrawn.
9.119.149
     I do not think there is any necessity to offer any remarks in reply.

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8.95.169
Sir, may I take it that the amendment is moved?
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 ...

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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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9.113.88
   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 ...
9.113.118
     This matter refers to grants and the provision in the original article itself is that an average of three years should be paid to Assam. It was represented to us that if the average of three years is taken the Assam Government will get very little because in the first year they did not spend anything but if we took the average of two years...

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7.78.43
   I am quite agreeable to the suggestion for the purpose of facilitating discussion.
7.78.101
     With your permission, Sir, may I also move amendment No. 1378? It is in substitution of this proviso.

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9.112.180
 Sir, I am prepared to accept the amendment moved by Mr. Tyagi, and I think it is necessary that I should offer some explanation on behalf of the Drafting Committee as to why it has proposed to accept this amendment.
9.112.122
 Sir, I move:     "That in clause (2) of article 253, for the words 'revenues of India' the words 'Consolidated Fund of India' be substituted."

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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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10.148.79
 : Sir, before I begin, I would like your permission to omit the word "becomes" in clause (3) of amendment No. 195, occurring between "thereafter" and "at any time before..." The word is unnecessary.
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...

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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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7.75.134
My friend Prof. Shah said that I was really borrowing very liberally from the amendments of other friends whenever I found that the Draft was in some way defective. I think Prof. K. T. Shah, if I may say so, has indirectly paid me a compliment because, as Emerson has said, "A genius is the most indebted man" and I am certainly most indebted to ...
7.75.133
 : I am afraid Prof. K. T. Shah has not considered the matter as fully as he ought to have before moving his amendment. The omission of the Vice-President from article 57 is a very deliberate one, because as my friend Mr. Tajamul Husain has just now pointed out, his main functions, which are those of the Chairman of the Council of States, have ...

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7.58.7
    Sir, I oppose the amendments.
7.58.162
     Coming to the amendments, there are only two observations which I would like to make. My first observation would be to state that members who put forth these amendments say that the Muslim personal law, so far as this country was concerned, was immutable and uniform through the whole of India. Now I wish to challenge that statement. I thin...

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7.64.243
     What we have said is that the existing law shall stand abrogated in so far as they are inconsistent with the provisions of this Constitution. Surely the administration of this country is dependent upon the continued existence of the laws which are in force today. It would bring down the whole administration to pieces if the existing laws we...
7.64.240
    Sub-clause (6) has been differently worded, because the word there is different from what occurs in sub-clauses (3), (4) and (5). Honourable Members will be able to read for themselves in order to make out what it exactly means.

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8.90.218
     : I should like to dispose of this matter in as few words as possible. Before I do so, I should like to state what I understand to be the idea underlying this particular amendment. For the purpose of understanding the main idea underlying this amendment, I think we have to take up three different cases. One case is the case of a Judge of t...
8.90.11
     The object of this amendment is that the constitution of the Supreme Court should not be held over until Parliament by law prescribes the number of Judges. The amendment lays down that seven Judges will constitute the Supreme Court. (Amendment No. 1815 was not moved.)

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7.65.180
     Now, Sir, my friend, Mr. Jaipal Singh asked me certain questions about the Adibasis. I thought that was a question which could have been very properly raised when we were discussing the Fifth and the Sixth Schedules, but as he has raised them and as he has asked me particularly to give him some explanation of the difficulties that he had fo...
7.65.171
    It is because the British Government had refused to allow Indians to bear arms, not on the ground of peace and order, but on the ground that a subject people should not have the right to bear arms against an alien government so that they could organise themselves to overthrow the Government, and consequently the basic considerations on which...

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10.147.264
    The other provisions arc merely ancillary.
10.147.209
    Sir, I move:      "That for clause (3) of article 308 the following clause be substituted:--     '(3) Nothing in this Constitution shall operate to invalidate the exercise of jurisdiction by His Majesty in Council to dispose of appeals and petitions for, or in respect of, any judgment, decree or order of any court within the territory of In...

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7.60.3
So that the article 39-A, with this amendment would read as follows: -“The State shall take steps to separate the judiciary from the executive in the public services of the State.”
7.60.140
Sir, this amendment was thought necessary because apartfrom the territories which form part of India, there may beother territories which may not form part of India, but maynone-the-less be under the control of the Government ofIndia. There are many cases occurring now in internationalaffairs where territories are handed over to other countriesf...

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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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7.59.63
   Mr. Vice-President. I accept the amendment of Prof. ShibbanLalSaksena subject to a further amendment, namely, that after the word `and' at the beginning of his amendment (86 of List IV) the words "in particular" be added.
7.59.184
    Sir, I accept the amendment.

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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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9.118.215
     The first thing that I would like to draw the attention of the House is this that in clause 4 of this Bill the matters which are enumerated from (b) to (i) are exactly the matters which are enumerated in the old Section 291. Therefore, it has to be understood at the outset that this clause, clause 4, is not making any fundamental change in ...
9.118.214
     In order to put the House in a proper frame of mind--if I may say so without meaning any offence--I should like to draw the attention of the House to the wording of Section 291 of the Government of India Act as it was in operation before it was adapted after the Independence Act. Now I shall read just a few lines of that Section 291."In so ...

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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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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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8.94.83
:Because local audit is a matter which is within the control of the Provincial Governments. But the addition of the words "other authority" I think may be necessary or even useful. As he has himself said the policy of the Government of India today is to create a great many corporations to manage undertakings which it is not possible to manage ...
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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3.20.260
Mr. President, Sir, I confess that I am considerably surprised at these amendments-both by Mr.Munshi as well as Mr.Tyagi, They have, I submit, given no reason why this clause 18 should be referred back to the Committee. The only reason in support of this proposal--one can sense--is that the rights of minorities should be relative, that is to say...
3.20.212
If you do not want that the children should be converted, you have to make some other kind of law with regard to guardianship in order to prevent the parents from exercising their rights to influence and shape the religious life of their children. Sir, I would like to ask whether it would be possible for this House to accept that a child of five...

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9.123.122
  : Mr. President, Sir, a great many of the points which were raised in the course of the debate on this article and the various amendments are, in my judgment, quite irrelevant to the subject matter of this article. They might well be raised when we will come to the discussion of the electoral laws and the framing of the constituencies. I there...
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...

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7.56.168
Sir, that is the reason why the language of the articles in Part IV is left in the manner in which this Drafting Committee thought it best to leave it. It is no use giving a fixed, rigid form to something which is not rigid, which is fundamentally changing and must, having regard to the circumstances and the times, keep on changing. It is, there...
7.56.181
:If he wants to withdraw, I have no objection; let him withdraw.

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7.77.3
: Sir, I move:
7.77.150
: I have dealt with that.

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9.122.2
    Sir, I move:with your permission, move amendments Nos. 12, 16, 17 and 19 together? They all relate to the same subject. There may be a common debate and then you might put each amendment separately.
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...

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7.69.193
: Sir, of the amendments which have been moved to article 23, I can accept amendment No. 26 to amendment No. 687 by Pandit Thakur Dass Bhargava. I am also prepared to accept amendment No. 31 to amendment No. 690, also moved by Pandit Thakur Dass Bhargava. Of the other amendments which have been moved I think there are only two that I need reply...
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...

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7.57.29
: I oppose the amendment, Sir.
7.57.144
: Sir, I accept the amendment. (At this stage Seth Govind Das rose to speak).

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10.151.297
 : Sir, if I may say a word. This amendment is merely consequential or analogous to the provision we have made with regard to the Rajpramukhs. In the clauses that were moved the other day with regard to the residences of Rajpramukhs, we have definitely stated that they will be rent-free. On comparing the similar clauses relating to the Governor...
10.151.307
 : Sir, I wish I had notice of this, so that I could give the necessary quotations. But I can make a general statement The point whether there is anything contained in the Constitution which would compel the President to accept the advice of the Ministry is really a very small one as compared with the general question. I propose to say somethin...

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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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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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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...
9.117.184
: We shall consider it when we go over the whole thing is the language is appropriate.

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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...
7.71.46
    With regard to the separation of the executive from the legislature, it is true that such a separation does exist in the Constitution of the United States; but if my friend, Prof. Shah, had read some of the recent criticisms of that particular provision of the Constitution of the United States, he would have noticed that many Americans thems...

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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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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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9.144.35
Why all this eloquence over it ?
9.144.163
I have no time to hear. 

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7.79.189
    I was only saying that it may be taken away, not by force, but by consent. That is my proposition, and therefore, I submit that this proportional representation is really taking away by the back-door what has already been granted to the minorities by this agreement, because proportional representation will not give to the minorities what the...
7.79.200
    Amendment No. 1426 for dropping the words of India may be put, Sir.

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6.47.135
   Mr. President, Sir, I rise to explain some of the criticisms which have been levelled by Mr.Santhanam against the Motion moved by ShrimatiDurgabai proposing the adoption of certain Rules by this Constituent Assembly. One of the criticisms levelled against her proposal is by Mr.Santhanam. Mr.Santhanam's main criticism is that the existing Rule...
6.47.145
    He is a constitutional Governor. He acts on advice.

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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...
1.7.26
Mr. Chairman, the Resolution in the light of the discussion that has gone on since yesterday obviously divides itself into two parts, one part which is controversial and another part which is non-controversial. The part which is non-controversial is the part which comprises paragraphs (5) to (7) of this Resolution. These paragraphs set out the ...

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7.67.108
:Mr. Vice-President, Sir, I have nothing to add to the various speakers who have spoken in support of this article. What I have to say is that the only amendment I am prepared to accept is amendment No. 609.
7.67.30
  (Bombay: General) Sir, I beg to move:  "That in clause (2) of article 19, for the word "preclude" the word "prevent" be substituted."

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9.124.91
     With regard to the other arguments which have been used by my Friends Mr. Muniswami Pillai and M. Monomohon Das, I am sorry it is not possible to accept that amendment. Their proposal is that while they are prepared to leave the clause as it is, they propose to vest parliament with the power to alter this clause by further extension of the...
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".

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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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9.140.4
  : Sir, I introduce the Bill.DRAFT CONSTITUTION - (Contd.)NEW PART XIV-A (LANGUAGE)-(Contd.)(Several Honourable Members rose to speak)
9.140.497
 No; no. It is not in today's Order Paper.

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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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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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11.166.161
     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...
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...

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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...
7.61.161
    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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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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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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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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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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10.152.314
     I have nothing to say.
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