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
legislature
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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9.143.596
     : Yes. Now, we have no doubt put certain articles in a third category where for the purposes of amendment the mechanism is somewhat different or double. It requires two-thirds majority plus ratification by the States. I shall explain why we think that in the case of certain articles it is desirable to adopt this procedure. If Members of th...
9.143.594
     Now, what is it we do? We divide the articles of the Constitution under three categories. The first category is the one which consists of articles which can be amended by Parliament by a bare majority. The second set of articles are articles which require two--thirds majority. If the future Parliament wishes to amend any particular article ...

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9.142.340
: Whether a law is in force or not would depend upon various considerations. First of all, the merger itself may have provided that certain laws shall not be in operation. It may be that the Bombay Government after that territory has been merged, may retain the laws for that particular territory known as Baroda, or its own legislation might abr...
9.142.349
: Sir, the position is this: If one were to stop with the word "India", it means what a Foreign State ordinarily means. Every State is foreign to another State. That is quite clear from the first part of the definition. Therefore, there can be no quarrel with that part of the definition. In fact that definition may not be necessary even, but in...

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9.133.161
     Sir, I also move :     "That after sub-paragraph (2) of paragraph the following sub-paragraph be added :-     '(3) The High Court of Assam shall have and exercise such jurisdiction over the suits and cases to which the provisions of sub-paragraph (2) of this paragraph apply, as the Governor may from time to time by order specify.'"
9.133.268
     The Governor, by this amendment, is freed from the trammels of any resolution that may be passed by the District Council or the Regional Council. He can now act on the advice of the Ministry whether a particular law passed by Parliament or by the Legislature of Assam is to apply to that area or not.

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9.129.202
     Therefore, these are the difficulties that are involved in these amendments. Now I do not know if you transfer the entry on newspapers to the Union List, the Centre may levy a tax on newspapers as manufacturers, because the, Centre is entitled to put an excise duty on any goods manufactured in any part of India. It seems to me therefore tha...
9.129.378
: No, I do not think they can do it.

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9.128.174
     : I will explain it to the honourable Member if he will come to me afterwards.
9.128.28
  The entry is somewhat enlarged by the introduction of the words 'vocational training" and "investigation or detection of crime, for the training of police officers" and so on.  

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9.127.206
   Sir, I move:      "That after entry 40 of List I, the following new entry be inserted:-     "40A. Institutions for scientific or technical education financed by the Government of India wholly or in part and declared by Parliament by law to be institutions of national importance."
9.127.118
     Sir, I am content with clarity and I do not wish to run after elegance.

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11.165.2
     Sir, I move for leave to introduce a Bill further to amend the government of India Act, 1935.
11.165.323
     If we wish to maintain democracy not merely in form, but also in fact, what must we do? The first thing in my judgment we must do is to hold fast to constitutional methods of achieving our social and economic objectives. It means we must abandon the bloody methods of revolution. It means that we must abandon the method of civil disobedienc...

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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...
7.48.229
While everybody recognizes the necessity of the diffusion of Constitutional morality for the peaceful working of a democratic Constitution, there are two things interconnected with it which are not, unfortunately, generally recognized. One is that the form of administration has a close connection with the form of the Constitution. The form of th...

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8.105.200
: This is to be held over.
8.105.107
: Your laws will prevail over that area. Whatever law you make will have its operation over the area of three miles from the physical territory. That is what is wanted and that you get by this.

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9.136.7
I will speak after the amendments have been moved, if there is any debate.
9.136.6
                : Sir, I move: "That for article 264, the following article be substituted :--Exemption of property of the Union from State Taxation."264. (1) The property of the Union shall be exempt from all taxes imposed by a State or by any authority within a State.(2) Nothing in clause (1) of this article shall, until parliament by law oth...

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8.102.251
   Sir, I move:"That for sub-clauses (c) and (d) of clause (1) of article 174, the following be substituted:'(c) the custody of the Consolidated Fund or the Contingency Fund of the State, the payment of moneys into or withdrawal of moneys from any such fund;'(d) the appropriation of moneys out of the Consolidated Fund of the State.' " 
8.102.243
   Sir, I moved:"That in clause (4) of article 173, after the words 'deemed to have been passed' the words 'by both Houses in the form in which it was passed' be inserted."

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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...
9.134.65
     : Camouflage for what?

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9.115.11
: I do not know. The position is quite clear whether the President is to be left in his complete discretion to make any allocation he likes with regard to the income-tax or whether he should be guided by the recommendations made by the Commission. It seems to me that the position of the President will be considerably strengthened if he could re...
9.115.65
Now, the other matter which is covered by article 261 relates to the distribution of the revenue collected from Centrally levied excise duties. It is also clear from the article that we have passed that this matter shall be governed by the law made Parliament. The President cannot do it himself. Therefore the words "shall put before Parliament ...

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7.73.150
: Sir, I move:     "That in clause (2) of article 48, for the words 'or position of emolument' the words 'of profit' be substituted."
7.73.102
: But that is not the amendment

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9.107.122
     Both for the Asselmbly and the Council of States.
9.107.138
      : It is not before the Members.

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10.146.197
    Sir, I move:      "That for article 313, the following be substituted :-Power of the President to remove difficulties  - 313. (1) The President may, for the purpose of removing any difficulties, particularly in relation to the transition from the provisions of the Government of India Act, 1935, to the provisions of this Constitution, by orde...
10.146.10
   I think we shall add that. I can put in, foodstuffs including cattle fodder.

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7.74.255
    What is the time may be very different. Unless he prescribes the system I do not think that the introduction of the word time introduces any greater clarity or definiteness at all.
7.74.218
      : Sir, I move:     "That in article 53, for the words 'or position of emolument' the words 'of profit' be substituted."

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8.101.114
    The other provision which is new which we have inserted is what is called vote on account. Now, it is necessary perhaps to explain why we have introduced it. For that purpose I should again like the House to refer to article 93 as it stands. Under article 93 no money can be issued or spent for any services unless the whole of the detailed bu...
8.101.98
: Sir, I move that this article be deleted.

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11.157.250
: He can act at any time. The Constituent Assembly will not be able to take notice of it, because it will not be in existence for this purpose after the 26th November. The point is this that the Government of India Act, 1935 will continue in operation after the 25th November, So long as that Act continues, the Governor-General's right to act u...
11.157.240
 The only question, therefore, that remained was whether such transfer should be made so obligatory as not to involve any provision for compensation for loss incurred. We felt that that would be a severe hardship. A judge is generally appointed to the High Court from the local bar. He may have a household there. He may have a house and other thi...

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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.
7.83.254
    Therefore if persons who are entitled to be voters in the electoral rolls on the basis of their single solitary qualification which we have, viz., his being a man of 21 years of age on the 1st January 1949 and if the election takes place in the year 1950 on some date not possible to prescribe, I think it cannot be said that the electoral rol...

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10.153.36
: I have followed the point.
10.153.96
There is only one point, I think, about which I should like to say a word. There after I know, some friends who do not like the phraseology in sub-clause (1), in so far as it applies, "in the course of export and in the course of import". Now, the Drafting Committee has spent a great deal of time in order to choose the exact phraseology., So fa...

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8.100.60
     No, Sir. I do not think that any reply is called for.
8.100.28
The object of all these amendments 196 to 200 is to remove all distinctions between British India and the Indian States. Some of the amendments particularly amendments 199 and 200 are merely consequential upon the main amendment. (Amendments Nos. 2611, 2612, 2613, 2615 and 2616 were not moved.)

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8.104.209
It is to be held over.
8.104.77
: The Honourable Doctor has not shown in this reply why he makes a distinction between cases in which sentence has been passed for the first time by the High Court in revision by way of enhancement of sentence and cases in which death sentence is passed in reversal of a judgment of acquittal.

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7.70.158
Now, Sir I will go into details My Friend Mr. Tajamul Husain drew a very lurid picture by referring to various articles which are included in the Chapter dealing with Fundamental Rights. He said, here is a right to take water, there is a right to enter a shop, there is freedom to go to a bathing ghat. Now, if clause (4) came into operation, he s...
7.70.71
The reason for inserting these clauses (1) and (2) is because clauses (1) and (2) refer to the Supreme Court.

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10.149.15
    I need not say, as I said, anything about the allowances, because the allowances are liable to be changed by Parliament at any time. The important question is about the salary and I submit that the salary of the President as fixed at Rs. 10,000 seems to me as also to the Drafting Committee to be a very reasonable figure, having regard to the...
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.

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9.120.212
  : The State there means both because the word 'State' used in article 279 is used in the same sense in which it is used in Part III where it means both the Centre, the provinces and even the municipalities.
9.120.203
     : Yes. That is not the only book. There are one hundred books on the American Constitution. I am certainly familiar with some fifty of them.

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8.97.236
: Sir, I do not accept the amendment.
8.97.221
: I do not think I need reply. This matter has been debated quite often.

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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...
7.72.138
 : Mr. Vice-President, Sir, I accept the amendment No. 25 of List 1 to amendment No. 1083 moved by my friend Mr. Naziruddin Ahmad. The other amendments I am sorry, I cannot accept. Now, Sir, in the course of the general debate, two questions have been raised. One is on the amendment of Mr. Naziruddin Ahmad. It has been pointed out by various sp...

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9.126.142
: Yes, undoubtedly.
9.126.201
: Why don't you say what you want to say?

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7.76.51
: I was saying that there is no substance in the argument that we are departing from the provision contained in Section 126 of the Government of India Act. As I said, that section was not based upon any principle at all.
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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8.87.162
We have to depend upon the goodwill of all the functionaries created by the Constitution.
8.87.153
Now I come to the point raised by our President. What happens to a newly elected member in a bye-election with regard to the taking of the oath? Has he to go to the President or can he take the oath before the Speaker? The answer to that question is that the President will, after the Speaker has been elected, confer upon him by order the author...

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8.89.158
     : If he does not accept the advice of the existing ministry, he shall have to find some other body of ministers to advice him. He will never be able to act independently of ministers.
8.89.160
     : We are doing that. If I may say so, there is a provision in the Instrument of Instructions.

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10.154.575
Therefore, I am not prepared to accept the amendment. I do not want to say anything about the text of the amendment. Probably the amendment is somewhat worded, if I may say so with all respect, in a form which would not fit in the Preamble as we have drafted, and therefore on both these ground I think there is no justification for altering the ...
10.154.570
: That is a different matter, Maulana. I cannot deal with that. Therefore, so far as that contention is concerned, I submit that there need be no ground for any kind of fear or apprehension. No person in this House desires that there should be anything in this Constitution which has the remotest semblance of its having been derived from the sov...

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8.106.122
: I do not see that it is of a drafting nature. However, we shall consider it later on.
8.106.223
: The wording is "at a joins meeting" and not "sitting".

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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.
9.108.102
 : 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...

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8.99.118
I do not think there is anything for me to say.
8.99.191
There is one other point to which I would like to refer and that is amendment No. 43. In amendment No. 43, which has been moved by my honourable Friend, Shri Alladi Krishnaswami Ayyar, and to which I accord my whole hearted support, there is a proviso which says that if a question about the interpretation of the Constitution arises in a matter ...

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9.111.37
The other point of criticism was that articles 278 and 278-A were unnecessary in view of the fact that there are already in the Constitution articles 275 and 276. With all respect I must submit that he (Pandit Kunzru) has altogether misunderstood the purposes and intentions which underlie article 275 and the present article 278. His argument wa...
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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8.98.85
       I do not think it is necessary to say anything. I accept Mr. T. T. Krishnamachari's amendment.
8.98.74
    What does it matter:

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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...
9.121.114
     If any point is raised in the course of the debate, I will explain it in the course of my reply.

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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...
8.86.146
: I do not think it is necessary for me to reply except to say that if I accept the amendment of Shrimati Durgabai, it would in certain respects be inconsistent with article 152 and 55, because in the case of the provincial Upper House we have fixed the limit at thirty five and also for the Vice-President we have the age limit at thirty-five. I...

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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 Cast...
7.62.125
The object which all of us have in mind is that the scheduled castes and castes and scheduled tribes should not be segregated from the general public. 

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8.96.72
: This is my reply. The Canadians and the Australians have not found it necessary to delete this provision even at this stage. They are quite satisfied that the retention of this provision in section 55 of the Canadian Act is fully compatible with responsible government, If they had felt that this provision was not compatible with responsible ...
8.96.70
: That does not matter at all. The date of the Act does not matter.

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9.141.33
:Sir, I move:"That after article 15, the following article be inserted:- Protection against certain arrests and detentions. '15A. (1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult a legal practitioner of his choice.(2) ...
9.141.120
: That is the intention. You are worsening the position by your amendment.

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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...
9.135.203
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...

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9.130.355
 : Sir, I move     "That in entry 50 of List II, the words 'or roads' be added at the end."
9.130.137
 : We do not accept the amendments.

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7.68.8
Sir, I move:"That in the beginning of article 20, the words 'Subject to public order, morality and health,' be inserted."
7.68.36
 I have nothing to say.

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8.103.10
   We have not got copies of his amendment.
8.103.57
     I wish that article 224 and 225 be held over.

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9.110.6
I also move :     "That in clause (b) of Article 276, the words 'notwithstanding that it is one which is not enumerated in the Union List' be added at the end". (Amendment No. 119 of Supplementary List was not moved.)
9.110.5
   : Sir, I beg to move:     "That in Article 276, the words 'notwithstanding anything contained in this Constitution' after the word 'then' be deleted and the words 'notwithstanding anything contained in this Constitution' be inserted at the beginning of clause (a) of the same Article."

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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...
10.151.317
: We cannot discuss this question in this way.

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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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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.
9.119.166
Sir, I move:-     "That in sub-clause (c) of clause (1) of article 250, after the word 'railway' a comma and the word 'sea' be inserted."

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8.95.109
:Mr. President, Sir, after such a prolonged debate on the amendment I think it is quite unnecessary for me to take the time of the House in making any prolonged speech. I have risen only to make two things clear: one is to state to the House the exact correlation between the two alternatives that have been placed by the Drafting Committee before...
8.95.189
Sir, I move:"That in clause (1) of article 135-(a) for the words 'member of Parliament or' the words 'member of either House of Parliament or of a House' be substituted,(b) for the words 'in Parliament or such legislature as the case may be' the words in that House' be substituted."

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7.78.264
     We have removed this 40 per cent ratio granted to the States and there will be equality of representation in the Upper Chamber, both to the Indian State as well as to the Provinces, and I am in a position to give some figures, which, although they are not exact for the moment, are sufficient to give a picture of what is likely to be the co...
7.78.43
   I am quite agreeable to the suggestion for the purpose of facilitating discussion.

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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.
9.114.131
 : Sir, I do not think that any very, detailed reply is called for. The position is simply this, that in every Constitution the taxing resources of a State are generally distributed between the Centre and the States. The question of distributing the resources between the States and' the local authorities is left to be done by law made by the Sta...

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9.113.10
    Mr. President, Sir, I move:     "That for article 254, the following be substituted :-Grants in lieu of export duty on jute and jute products:-254.  (1) There shall be charged on the Consolidated Fund of India in each year as grants-in-aid of the revenues of the States of Bengal, Bihar, Assam and Orissa in lieu of assignment of any share of ...
9.113.110
       Sir, I beg to move :     "That in article 255, for the words 'revenues of India', wherever they occur, the words 'Consolidated Fund of India' be substituted.     "That in the first proviso to article 255, the words and figures 'for the time being specified in Part I of the First Schedule' be omitted.     "That in clause (a) of the second ...

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9.112.14
: There is nothing to be said.
9.112.86
 Now, Sir, coming to the difficulty that you have raised, the words "States within which that tax is leviable in that year" are necessary. They occur in the Government of India Act, 1935. The reason why these words were then introduced was because Income-tax was not to be levied in the Indian States which were to come within the Indian Union. I...

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10.148.128
  Sir, I move:"That after article 312E, the following new article be inserted:--Provisions as to this filing of casual vacancies in the provisional parliament and provisional legislatures of the State.'312F. (1) Casual vacancies in the seats of members of the provisional Parliament functioning under clause (1) of article 311 of this Constitutio...
10.148.82
Now I come to the amendment of Mr. Pataskar. So far as I have been able to understand him, there is really no difference between the draft article and the amendment suggested by him, in principle. Both article 311 as I have moved and the amendment as moved by Mr. Pataskar agree that we ought to make a provision for the abolition of dual members...

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7.63.199
: Mr. Vice-President, Sir, I am going to say at the outset, before I deal with the specific questions that have been raised in the course of the debate, that I cannot accept amendment No. 334 moved by Mr.Misra; nor can I accept the two amendments moved by my friend, Mr.Naziruddin Ahmad, Nos. 336 and 337. I am prepared to accept the amendment of ...
7.63.268
With regard to the amendment moved by my friend Mr.Naziruddin Ahmad, he wanted the word "accepted" to be substituted by the word "recognised". His argument was, supposing the citizen does accept a title, what is the penal provision in the Constitution which would nullify that act? My answer to that is very simple: that it would be perfectly open...

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7.66.190
    I understand it was not moved.
7.66.28
   Anyhow, I have examined the position the whole day yesterday and I am satisfied that no good will be served by accepting these amendments. I am however prepared to accept amendment No.512 moved by Mr. Karimuddin. I think it is a useful provision and may find a place in our Constitution. There is nothing novel in it because the whole of the cl...

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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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7.58.177
May I just make a statement? I believe both these amendments dealing with the backward classes, etc. would be more appropriate to the Schedule and could be better considered when we dealt with the Schedule. I would suggest that the consideration of these amendments may be postponed.
7.58.161
My friend, Mr. Hussain Imam, in rising to support the amendments, asked whether it was possible and desirable to have a uniform Code of laws for a country so vast as this is. Now I must confess that I was very much surprised at that statement, for the simple reason that we have in this country a uniform code of laws covering almost every aspect...

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7.64.239
Now, the words "in so far as it imposes" to my mind make the idea complete and free from any doubt that the existing law is saved only in so far as it imposes reasonable restrictions. I think with that amendment there ought to be no difficulty in understanding that the existing law is saved only to a limited extent, it is saved only fit is not i...
7.64.232
     "with reference to amendment No. 454 of the List of amendments--(i) in clauses (3), (4), (5) and (6) of article 13, after the words 'any existing law' the words 'in so far as it imposes' be inserted, and(ii) in clause (6) of article 13, after the words 'in particular' the words 'nothing in the said clause shall affect the operation of any e...

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10.147.264
    The other provisions arc merely ancillary.
10.147.213
    I am told that these Privy Councils are called by different names in the different States. If that is so, the Drafting Committee proposes to get over that difficulty by having a definition of Privy Council in our article 306 so as to cover the different nomenclature and variations of these institutions.

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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...
8.90.80
     : Sir, I move:     "That in Explanation II to clause (3) after the words 'judicial office' the words 'not inferior to that a district judge' be inserted."

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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 found, ...
7.65.183
Sir, I hope I have met all the points that were raised by the various speakers when they spoke upon the amendments to this clause, and I believe that my explanation will give them satisfaction that all their points have been met. I hope that the article as amended will be accepted by the House.

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7.60.57
I understand Mr.Kamath is moving an amendment.
7.60.2
Mr. Vice-PresidentThat in article 39-A delete the words beginning from "secure" up to "separation of", and in their place substitute the word "separate".

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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.
7.59.167
I accept the amendment of Pandit Thakur DassBhargava.

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9.109.75
: Mr. President, Sir with regard to the amendment moved by my Friend Lala Deshbandhu Gupta, I am quite certain that this is not the place where the amendment properly come in. The. amendment also raises a question of principle, namely, that it provides for a weightage in representation to certain areas. Now, the House will remember that at one ...
9.109.105
This article is virtually the old article 275 as it stands in the Draft Constitution. The changes which are made by this amendment are very few. The first change that is made is in clause (1). The original words were "war or domestic violence". The present clause as amended would read as "war or external aggression, or internal disturbance." It...

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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 ...
9.118.220
     That is what exactly I am explaining. As I said, the only difference that will now be found between the original article 291 as unadapted and the proposed new clause is this that it is proposed by this new article to give power to the Governor-General to alter the provisions with regard to the composition of the Legislature. I admit that th...

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9.125.86
These are unnecessary because we do not propose to leave any discretion in the Governor at all.
9.125.10
 : Sir, the position is this. The report of the Minorities Committee provided that all minorities should have two benefits or privileges, namely, representation in the legislatures and representation in the services. Paragraph 9 of the report which was accepted by this House contained this:    "In the all India and provincial services the claims...

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8.88.130
will realise that the provisions contained in clause (2) of article 87. Therefore it is necessary to state that the Bill passed in a joint sitting shall be presented to the President notwithstanding the fact that there is a deviation from the main provisions contained in clause (2) of article 87. That is why I submit that the words "for the pu...
8.88.210
: No, Sir. I do not think any reply is necessary.

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8.94.54
Sir, I move that the article as amended be adopted. I accept the amendments Nos. 25 in List I, 1975 of Mr. Das, 130 of Mr. T.T. Krishnamachari, 131 of Mr. T.T. Krishnamachari and 25-C of List I also by Mr. Krishnamachari.
8.94.53
Coming to the amendments, I accept the amendments moved by Mr. T.T. Krishnamachari and one amendment moved by Mr. B. Das, No. 1975. These amendments certainly to a large extent improve the position of the Auditor-General which has been assigned to him in the Draft Constitution or in the various amendments. But, I find that even with the article...

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7.54.39
Sir, I oppose the amendment.
7.54.98
Mr. Vice-President, I am agreeable to the principle of the amendment moved by my friend Mr. Santhanam. The only point is that I like slightly to alter the language to read "or by uniting any territory to a part of any State".

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11.155.42
     Sir, I do not think it is necessary for me to add anything to the report of the Drafting Committee and I hope that the House will be able to accept the report as well as the changes recommended by the Drafting Committee both in the report as well as in List II which has already been circulated to the Members of the House.Amendments of Articles
11.155.40
     Sir, it is unnecessary for me to discuss at this stage the nature of the amendments and changes proposed by the Drafting Committee in the Draft Constitution. The nature of the changes have been indicated in paragraph 2 of the Report. It will be seen that there are really three classes of changes which the Drafting Committee has made. The fi...

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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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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...
3.20.55
The point that I want to make is this, that, while I have no objection to the redrafting of sub-clause (a) and (b) in order that they may run in a compact manner, I have a certain amount of doubt as to whether the dropping of the Explanation is in consonance with the desire of the majority of the members of the Advisory Committee that the State ...

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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...
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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7.77.4
"That after clause (5) of article 62, the following new clause be inserted:--'(5) (a) In the choice of his Ministers and the exercise of his other functions under this Constitution, the President shall be generally guided by the instructions set out in Schedule III-A, but the validity of anything done by the President shall not be called in que...
7.77.145
Now, Sir, I was saying that nobody has any objection; nobody quarrels with the aim and object which is behind this amendment. The question is, what sort of sanction we should forget. As I said, the legal sanction is inadequate. Have we no other sanction at all? In my judgment, we have a better sanction for the enforcement of the purity of admin...

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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...
9.122.4
    : Sir, I move:      "That for article 286, the following article be substituted:--Function of Public Service Commission.286. (1) It shall be the duty of the Union and the State Public Service Commissions to Conduct examinations for appointments to the services of the Union and the services of the State respectively.     (2) It shall also be...

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7.55.136
With regard to his second amendment that we should not repeat the word "article" after the word "or" and that we should merely say, "article 2 or 3", my submission is again the same. There again we have followed well-known Constitutions and if my friend will examine them, he will find that similar phraseology occurs elsewhere also. For his info...
7.55.34
With regard to Article 226 which gives power to the Central Legislature to pass legislation on matters included in Provincial list, my submission is this that that authority will be exercised by Parliament by virtue of a Resolution passed by two-third majority of the Upper legislature. He will realize that the Upper House or Council of States w...

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7.69.196
The first point that I would like to submit to the House as to why the Drafting Committee thought it necessary to alter the language of paragraph 18 of the Fundamental rights is this. On reading the paragraph contained in the original Fundamental Rights, it will be noticed that the term "minority" was used therein not in the technical sense of ...
7.69.3
 The only change is from 'and' to 'or' and the necessity of the change is so obvious that I do not think it is necessary for me to say anything regarding the same.

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7.57.7
Then, it has been agreed between myself and Mr. Tyagi that he will move an amendment to Article 38, and I propose to accept his amendment. So, this matter may be postponed until we come to the consideration of Article 38.
7.57.128
With regard to his other amendments, viz., substitution of his own clauses for sub-clauses (ii) and (iii) of Article 31, all I want to say is this that I would have been quite prepared to consider the amendment of Professor Shah if he had shown that what he intended to do by the substitution of his own clauses was not possible to be done under t...

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7.53.157
Sir, I oppose all these amendments. With regard to the first amendment that India should be known as the United States of India, the argument set out by my friend Mr.Kamath is a perfectly valid argument and I accept it wholeheartedly. I have given my own views as to why I used the word 'Union' and did not use the word 'Federation'. 
7.53.169
Secondly, I would like to submit this, it would be wrong - and I speak about myself - for any Indian to presume such precise command over the English language as to insist in a dogmatic manner that a comma is necessary here, a semi-colon is necessary there, or article 'a' is proper here and article 'the' would be proper there and so on. But if m...

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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...
7.71.95
    Then, taking the draft prepared by the Hindi Committee, in article 41 there, the word used is (PRADHAN). There is no "Rashtrapati" there either.

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11.156.169
    : I purpose to explain this matter in my reply. Mr. Sidhva may conclude his remarks.(Amendment No. 427 to article 392 was not moved.)
11.156.34
    : The only question on this point of order that could arise is whether the change proposed by the Drafting Committee in article 365 is a consequential change. It is quite clear in the judgment of the Drafting Committee that this is not only necessary but consequential, for the simple reason that, once there is power given to the given to the...

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9.117.141
Now I come to an exception. There are people who, having left India for Pakistan, have subsequently returned to India. Well, there again our rule is that anyone who returns to India is not to be deemed a citizen unless he satisfies certain special circumstances. Going to Pakistan and returning to India does not make any alteration in the genera...
9.117.137
With regard to the point that has been made by my Friend Prof. K.T. Shah that there ought to be positive prohibition in these articles limiting Parliament's authority to make law under article 6 not to give citizenship to the residents of those countries who deny citizenship to Indians resident there, I think that is a matter which might well b...

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7.81.150
    Not moving.
7.81.56
     Sir, I should like to state to the House that the question of whether to have a second Chamber in the provinces or not was discussed by the Provincial Constitution Committee, which was appointed by this House. The decision of that Committee was that this was a matter which should be left to the decision of each province concerned. If any p...

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6.47.137
The answer is simple, After all, the power of adaptation will be exhausted by the 31st of March, What is to happen thereafter if the necessity for amending the existing constitution arose? Of course if the power of adaptation comes to an end, on the 1st of April and if our future Constitution also became operative on the 1st of April, the, prob...
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, it w...

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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...
7.79.187
     There is a third consideration which I think, it is necessary to bear in mind. In this country, for a long number of years, the people have been divided into majorities and minorities. I am not going into the question whether this division of the people into majorities and minorities was natural, or whether it was an artificial thing, or s...

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7.79.185
   Mr. Vice-President, Sir, I accept the amendments Nos. 1417, 1426, 1431 of Prof. Shah, 1434 as amended by the mover of that amendment and as amended by the amendment No. 42 of List II and No. 43 of List II. Of the other amendments, on a careful examination, I find that there is only one amendment on which I need offer any reply. That is amendm...
7.79.200
    Amendment No. 1426 for dropping the words of India may be put, Sir.

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9.144.155
Is this all necessary, Sir ?
9.144.19
Is it necessary to trace all this? I do not understand the purpose of it. It may be well Interesting in some other place. My Friend accepts the word "Bharat". The only thing is that he has got an alternative. I am very sorry but there ought to be some sense of proportion, in view of the limited time before the House.

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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 ...
1.7.30
These are weighty words which it would be perilous to ignore if there is anybody who has in his mind the project of solving the Hindu-Muslim problem by force, which is another name of solving it by war, in order that the Muslims may be subjugated and made to surrender to the Constitution that might be prepared without their consent.  This count...

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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.
7.67.66
I was discussing another amendment with Mr. Ranga here and so.......

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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...
9.124.89
      Mr. President, Sir, there are just four amendments about which I would like to say a few words. I will first take the amendment of my Friend Mr. Bhargava, and say that I am prepared to accept his amendment, because I find that although in the general body of the report that was made to this House, no mention as to time-limit was made to th...

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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...
9.124.90
     Next, with regard to the question raised by Mr. Naziruddin Ahmad, one part of it has been, I think, met by the amendment moved by my Friend Mr. Krishnamachari which I also accept. I am not at all clear in my own mind at the present stage whether the words in the clause mean that the time-limit should begin to operate from the commencement ...

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9.140.2
 : Sir, I move for leave to introduce a Bill to abolish the jurisdiction of His Majesty in Council in respect of Indian appeals and petitions.
9.140.4
  : Sir, I introduce the Bill.DRAFT CONSTITUTION - (Contd.)NEW PART XIV-A (LANGUAGE)-(Contd.)(Several Honourable Members rose to speak)

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7.82.82
     : Mr. Vice-president, Sir, I do not think any, reply is called for.
7.82.57
     : Sir, I do not know whether any reply is necessary.

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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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7.61.161
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 pas...
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...

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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".
4.27.171
It should not be concluded today.

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11.158.2
     Mr. President, Sir, I move :     " That the Constitution as settled by the Assembly be passed."(Cheers)
11.158.5
   I propose to speak at the end. It is not the usual thing to speak now.

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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...
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 ...

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9.138.336
      : I am not moving amendment No. 73.

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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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9.116.89
: But he has not even moved it! Oh, that proviso-yes, I have accepted it.

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10.145.17
      I think, Sir. that 10 to 1 will be all right.

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10.152.314
     I have nothing to say.
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