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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9.143.447
     It is purely consequential.
9.143.54
   I do not accept the amendment. It is quite unnecessary.

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9.142.105
: I cannot explain to him the legal points in this House. This House is not a law class and I cannot indulge in that kind of explanation now. The honourable Member is my friend; if he does not understand he can come and ask me afterwards.
9.142.86
The second point raised is that while we have given in clause (1) of article 15-A a right to an accused person to consult a legal practitioner of his choice, we have made no provision for permitting him to conduct his defence by a legal practitioner. In other words, a distinction is made between the right to consult and the right to be defended...

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9.133.106
I agree that we have been creating Regional and District Councils to some extent on the lines which were adopted by the United States for the purpose of the Red Indians. But my point is that those who have based their criticism of this Schedule on this fact, namely that we, are creating Regional and District Councils have altogether failed to un...
9.133.110
  Sir, I was rather surprised at the attitude taken by my Friend, Mr. Chaliha, in moving his amendment, also at the attitude of my Friend, Mr. Rohini Kumar Chaudhuri. I feel that they are not now a happy and united family. What is the cause of it I do not understand, but I can say that, when these amendments were made, they were made with the co...

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9.129.353
 Sir, I move:      "That for entry 2 of List II, the following entry be substituted:-     '2. The administration of justice, constitution and organisation of all courts except the Supreme Court and the High Courts; fees taken in all courts except the Supreme Court.' "
9.129.308
 Sir, as my friend expects a reply from me, I would just say one or two words.

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9.128.27
: Sir, I move:     "That for entry 57 of List I the following be substituted :     '57. Union agencies and Union institutes for the following purposes, that is to say, for research, for professional, vocational or technical training for scientific or technical assistance in the investigation or detection of crime, for the training of police of...
9.128.105
Consequently, apart from the question of financial aid, it is absolutely essential both in the interest of the Centre as well as in the interests of the Province that the standards ought to be maintained on an all-India basis. That is the purpose of this entry, and in my judgment it is a very important and salutary provision, in view of the fact...

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9.127.204
     There is no fundamental change in this except that the latter part permits also Parliament to take over any institution which it thinks is of national importance.
9.127.146
     Sir, I move :     "That in amendment 12 of List I, in entry 37, for the words 'by air or by sea' the words 'by railway, by sea or by air' be substituted."

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11.165.322
     This democratic system India lost. Will she lost it a second time? I do not know. But it is quite possible in a country like India – where democracy from its long disuse must be regarded as something quite new – there is danger of democracy giving place to dictatorship. It is quite possible for this new born democracy to retain its form bu...
11.165.330
     I do not wish to weary the House any further. Independence is no doubt a matter of joy. But let us not forget that this independence has thrown on us great responsibilities. By independence, we have lost the excuse of blaming the British for anything going wrong. If hereafter things go wrong, we will have nobody to blame except ourselves. ...

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7.48.217
First is the power given to Parliament to legislate on exclusively provincial subjects in normal times. I refer to Articles 226, 227 and 229. Under Article 226 Parliament can legislate when a subject becomes a matter of national concern as distinguished from purely Provincial concern, though the subject is in the State list, provided are solutio...
7.48.219
One can therefore safely say that the Indian Federation will not suffer from the faults of rigidity or legalism. Its distinguishing feature is that it is a flexible federation.

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8.105.47
The first question that is asked is, why is it necessary to have article 270 at all in the Constitution? The reply to that is a very simple one. Honourable Members will remember that before the Act of 1935 the assets and liabilities and the properties belonging to the  Government of India were vested in a Corporation called the Secretary of Sta...
8.105.102
: I will come to that. I am just dealing with this for the moment. Therefore this entry of fisheries being included expressly in List No. II means that whatever jurisdiction of the Central Government would get over the territorial waters would be subject to Entry 29 in List No. II. Therefore, fisheries would continue to be a provincial subject...

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9.136.273
It is just consequential.
9.136.296
 : Sir, I move :"That the heading above article 239, and articles 239, 240, 241 and 242 be deleted."

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8.102.295
    With your permission, Sir, I seek to move a small amendment."That in article 182, for the words 'revenues of the State', the words 'Consolidated Fund of the State' be substituted." 
8.102.162
    When passed. This is what is called Consolidated Fund Act I.  

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9.134.247
     : I think my friend has said enough on the point and he need not continue. We have understood his point. We must get through today at least one article.
9.134.328
     : I expect to be back from the Cabinet meeting at about half past five. If the House is prepared to sit for two hours after that, I am quite prepared, but we have a Drafting Committee meeting from half past five onwards, because unless we are ready with the articles which have already been held up, it will be difficult to proceed. We have ...

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7.73.294
I therefore submit that the amendment is a good one and I am prepared to accept it.
7.73.89
: Supposing every Minister wants to contest the election and therefore every Minister will have to resign.

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9.115.179
Having said that, I would like to draw the attention of the Members to the fact that in conferring citizenship on the date of the commencement of this Constitution, the Drafting Committee has provided for five different classes of people who can, provided they satisfy the terms and conditions which are laid down in this article, become citizens...
9.115.192
: Yes, on the 19th July '48 there was an ordinance passed that no person shall come in unless he has a permit, and certain rules were framed by the Government of India under that, on 19th July 1948, whereby they said a permit may be issued to any person coming from Pakistan to India specifically saying that he is entitled to come in. There are ...

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9.107.11
      : Sir, I move:
9.107.104
     : I do not think any reply is called for.

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10.146.198
     This is a reproduction of the provision contained in the Government of India Act which is necessary for the transition period.
10.146.64
  Sir, I move:      "That in amendment No, 28 of List II (First Week), in clause (1) of the proposed article 311 A the word 'provisional' be deleted."     "That in amendment No. 28 of List II (First Week), in clause (2) of the proposed article 311A, for the words 'provisional President' in the first place where they occur. the words 'President s...

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7.74.322
     This matter has already been debated last time. (Amendment No. 1241 was not moved.)
7.74.314
     Sir, I move:     "That in clause (4) of article 55, for the words 'or position of emolument' wherever they occur the words 'of profit' be substituted."

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8.101.106
    Sir, with your permission, I would like at this stage to make a short introductory speech in order to give the House an idea of some of the changes which are not covered by the specific amendments which I have moved just now, but which relate to the changes that have been made in the financial procedure to be observed with regard to financia...
8.101.102
: Sir, I move:     "That for sub-clauses (c) and (d) of clause (1) of article 90, the following sub-clauses be substituted :'(c) the custody of the Consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such fund;(d) the appropriation of moneys out of the Consolidated Fund of India;'" 

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7.83.296
     Sir, I do not think there is any other point worthy of consideration or calling for reply. I therefore recommend to the House the acceptance of article 149, as amended.
7.83.289
     Now, Sir, so far as the general debate on the article is concerned, it seems to me that there are only two points that call for reply. The first point is with regard to the census figures to be adopted for the purpose of the new elections. A great deal of argument was concentrated by many speakers on the fact that the census in certain pro...

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11.157.215
: Mr. President, Sir, in my reply I propose to take certain article which have been subjected to stronger criticism by the Members of the Assembly. It is, of course, impossible for me to touch upon every article to which reference has been made by the Members in the course of their observations. I therefore, propose to confine myself to the mo...
11.157.232
 Now, Sir, I come to article 48 which relates to cow slaughter. I need not say anything about it because the Drafting Committee has put in an agreed amendment which is No. 549 in List IV. I hope that that would satisfy those who were rather dissatisfied with the new draft of article 48 as proposed by the Drafting Committee.

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10.153.385
: Oh, yes.
10.153.348
 : Sir, I might with your permission inform my Friend Sidhva that since the time when the discussion took place I made a little research and I find that the South African Parliament has passed an Act defining the immunities and privileges. I have got a copy; if he wants, I can transmit it for his study. It might be possible later on for our own...

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8.100.234
  : I am afraid I have to go to a Cabinet Meeting at 12 o'clock.
8.100.224
  Sir, I move:     "That the explanation to article 204 be omitted."

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8.104.110
Sir, I move:     "That in clause (1) of article 164 for the words 'Save as provided' the words 'Save as otherwise provided" be substituted".(Amendments Nos. 2390 to 2396 were not moved.)
8.104.216
209-A is to be held over.

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9.120.217
     : That is a very fundamental thing. In a sense it is fundamental and in a sense it is not fundamental because we have provided that the Proclamation shall be placed before the Parliament. That obligation I have now imposed. Obviously if the Parliament is called and the Proclamation is placed before it, it would be a stupid thing if the peop...
9.120.206
    Now, in framing our Constitution, we have more or less followed the American precedent. By the amendment which I had made, Parliament has been now vested with power to deal with this matter. We also propose to give the President an ad interim power to take such action as he thinks is necessary in the matter of the constitutional guarantee.

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10.149.236
: How can you move it'?
10.149.223
: My amendment No. 10 covers it.

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9.126.204
: I am entirely in your hands, Sir, so far as this amendment is concerned. If I can know What objections my Friend Mr. Tyagi has, I am prepared to deal with his case now in the House
9.126.187
: He might speak on it.

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8.97.336
: I do not consider it necessary.
8.97.307
: Sir, it has to be held over.

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7.72.23
: Yes, Sir.
7.72.156
: Alternative is only another name for proportional. Sir I have nothing further to say on this point.

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7.76.193
Now, Sir, I come to the amendments of Prof. K. T. Shah. It is rather difficult for me to go through his long amendments and to extract what is really the summum bonum of each of these longish paragraphs. I have gone through them and I find that Prof. K. T. Shah wants to propose four things. One is that he does not want the Prime Minister, at an...
7.76.199
With regard to his third proposition, viz., that if a person who is appointed a member of the Cabinet is not a member of the Legislature, he must become a member of the legislature within six months, I may point out that this has been provided for in article 62 (5). This amendment is therefore unnecessary.

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8.89.7
 Sir, I propose that we start now with article 100.
8.89.6
     : Sir, my reason is this. As I explained on the last occasion, we have made a provision for nominating certain persons to parliament. The original proposal was to nominate fifteen persons; subsequently it was decided that these fifteen persons should be divided into two categories, viz., twelve representing literature, science, arts, soci...

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8.87.46
We have already dealt with that amendment, and a similar was moved by my honourable Friend to article 73.
8.87.252
I do not accept any of the amendments, except amendment No. 1587, standing in the name of the Honourable Shri G. S. Gupta.

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10.154.560
: Mr. President, Sir, the point in the amendment which makes it, or is supposed to make it, different from the Preamble drafted by the Drafting Committee lies in the addition of the words "from whom is derived all power and authority". The question therefore is whether the Preamble as drafted, conveys any other meaning than what is the general ...
10.154.157
 : Sir, I think my Friend Mr. Sidhva has entirely misunderstood the position. If he will refer to List II, in Schedule Seven, items 30 and 35 which relate to the matters covered by the amendment moved by my Friend Shri T. T. Krishnamachari, he will see that the power of legislation given to the Centre under items 30 and 35 is of a very limited ...

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8.99.128
The Draft Constitution contains no provision for review of its judgments. It was felt that that was a great lacuna and this new article proposes to confer that power upon the Supreme Court.
8.99.123
Sir, the Draft Constitution, as it stands now,............

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9.108.121
 :Sir, I would like Articles 212 to 214 to be held over. I think Article 275 may be taken up.
9.108.113
: I was suggesting that Articles 188 and 278 may be taken together. It would be better if the whole thing is explained.

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8.106.95
: I have nothing to say, Sir.
8.106.122
: I do not see that it is of a drafting nature. However, we shall consider it later on.

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8.98.37
     I have referred to one difficulty why it has not been possible to categorise. Now I should mention some other difficulties which we have felt.
8.98.36
     But there is not the slightest doubt in my mind and I am sure also in the mind of the Drafting Committee that Parliament must have certain privileges, when that Parliament would be so much exposed to calumny, to unjustified criticism that the parliamentary institution in this country might be brought down to utter contempt and may lose all...

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9.111.209
Sir, I also move :     "That in clause (2) of article 249, for the words 'Revenues of India' the words 'Consolidated Fund of India' be substituted." (Amendment No. 68 was not moved.)
9.111.198
: Sir, I move:"That above article 249, the following sub-heading be inserted :- 'Distribution of Revenues between the Union and the States'."

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8.86.119
I think the House will agree that it is desirable that a candidate who actually wishes to serve in the Legislature should have some higher qualifications than merely being a voter. The functions that he is required to discharge in the House require experience, certain amount of knowledge and practical experience in the affair of the world, and ...
8.86.60
From the second paragraph of article 67-A it will be noticed that they are only entitled to take part in the debate, whether the debate is taking place in the House as a whole or in a particular committee to which they are nominated by the House as a whole or in a particular committee to which they are nominated by the House as members thereof;...

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9.121.101
     Sir, these are the clauses which deal with the Public Services Commissions, their tenure of office and qualifications and disqualifications and their removal and suspension. I should very briefly like to explain to the House the matters embodied here, the principal matters that are embodied in these articles.
9.121.116
   You must have read both drafts. The only thing you might not have read are the commas and semi-colons.

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7.62.12
     But I can quite understand that a person who is not properly instructed in the rules of interpretation of Statute may put the construction which my Friend Mr. Naziruddin Ahmad is seeking to put, and therefore to avoid this difficulty, with your permission, I would suggest that in the amendment which I have moved to sub-clause (3) of article...
7.62.123
 Then, among the many amendments which I am sorry I cannot accept, I think it is necessary for me to say something about two of them. One is amendment No. 315 moved by Mr. Tahir which requires that any contravention of the provisions contained in article 9 should be made a crime punishable by law. My Friend Mr. Tahir who moved this amendment ref...

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9.135.199
    That might be put, so that the others may be taken, separately. It is an independent thing.
9.135.161
This is a purely transitional provision.

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9.130.406
 : Sir, I move:     "That entry 64 of List II be deleted."
9.130.336
 : I cannot accept this amendment. As our system of revenue assessment is at present regulated, it would upset the whole of the provincial administration. The matter may, at a subsequent state be investigated either by Parliament or by the different provinces, and if they come to some kind of an arrangement as to the levy of land revenue and ad...

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9.141.129
:You are selling your immortality very cheap.
9.141.120
: That is the intention. You are worsening the position by your amendment.

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8.96.84
: We can revise. This House is perfectly competent to revise Article 143. If after going through the whole of it, the House feels that the better way would be to mention the Articles specifically, it can do so. It is purely a logomachy.
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...

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7.68.237
: Article 19 (2) (a) covers this.
7.68.248
: Mr. Vice-President, Sir, the amendment probably is quite laudable in its object but I do not know whether the amendment is necessary at all. In the first place, all these titles and so on which religious dignitaries have cannot be hereafter conferred by the State because we have already included in the fundamental rights that no title shall ...

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8.103.102
     Sir, I quite appreciate the point raised by my honourable Friend Mr. Santhanam; but I think he has not carefully read sub-clause (2). The important words are: 'in like manner, so that if the State legislatures in whose interests this legislation is passed is like manner, that is to say by resolution, agree that such legislation be amended o...
8.103.115
     Sir, I move:     "That with reference to amendment No. 2788 of the List of Amendment, in clause (2) of article 231, after the word and figure 'Part I' the words and figures 'or Part III' be inserted."

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9.110.27
: I have said that 188 will be deleted. It is not really necessary to move the amendment, but to give the House an idea of the whole picture I have said that we propose to delete Article 188.
9.110.40
  Sub-clause (d) makes it quite clear-which probably was already implicit in the Article-that the President also can exercise his powers conferred upon him by Article 102 to issue Ordinances with regard to the running of the administration of any particular province which has been taken over when both the Houses are not in session. The original ...

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9.132.6
The other important thing to which I should like to call the attention of honourable Members is to paragraph 6. Paragraph 6, as originally drafted, set out a schedule of what are to be scheduled areas. This provision has become necessary particularly because it is not possible at this stage to know what are going to be the scheduled areas in St...
9.132.123
 : I have no idea about them. These should not be allowed.

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10.151.55
: I do not propose to move it.
10.151.489
Sir, I do not think the amendment which I have moved calls for any explanation.

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5.45.72
     The question that remains is, what is to happen with regard to their relationship to the Constituent Assembly. At present, as they are not Members of the Constituent, Assembly, they are not entitled to participate in the work of the Constituent Assembly so far as it relates to the making of the Constitution. The Committee came to the concl...
5.45.73
     Sir, there are two other matters about which the Committee has made no recommendation and it is necessary that I should refer to them. The first matter is the question of double membership. As the House knows there are certain Members of the Constituent Assembly who are also Members of the Provincial Legislature. So far there is no anomaly...

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8.93.189
    : Yes, certainly. A circuit court is only a Bench.
8.93.287
    : Mr. President, Sir, I would just like to make a few observations in order to clear the position. Sir, there is no doubt that the House in general, has agreed that the independence of the Judiciary from the Executive should be made as clear and definite as we could make it by law. At the same time, there is the fear that in the name of the ...

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9.119.109
Mr. Vice-President, Sir, out of the amendments that have been moved, I am prepared to accept the amendments moved by Mr. Sarwate. I think he has spotted a real difficulty in the draft as it stands. The draft says- 'University in the State'. It is quite obvious that there are many States with at present no university. All the same there are gradu...
9.119.8
As you have said, Sir, this article in a different form was before the House last time. The article as it then stood, merely said that the composition of the Upper Chamber shall be as may be prescribed by law made my Parliament. The House thought that that was not the proper way of dealing with an important part of the constitutional structure ...

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8.95.190
Sir, I moved:"That in clause (2) of article 135, for the words 'or position of emolument' the words 'of profit' be substituted." (Amendments Nos. 2092 and 2095 were not 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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9.112.38
 Sir, I beg to move,     "That in clause (2) of article 251, for the words revenues of India the words 'Consolidated Fund of India' be substituted." (Amendments Nos. 75, 77 and 78 were not moved.)
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.

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9.114.147
   Sir, I move.
9.114.153
   This is a formal one.

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9.113.86
     Now, my Friend, Pandit Hirday Nath Kunzru, pointed out that the Drafting Committee was wrong in inserting a definition of the word "prescribe" in the article now before the House. He went further to say that even in the last article which we passed, which is 260, the word "prescribed" ought not to be there. Now, it seems to me somewhat dif...
9.113.107
    I do not think any reply is necessary.

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7.78.73
     The only important thing is that the number fifteen has been brought down to twelve.
7.78.103
   Sir, I beg to move:     "That the following new clause be added after clause (1) of article 67:'(1a) The allocation of seats to representatives of the States in the Council of States shall be in accordance with the provisions in that behalf contained in Schedule III-B.' "

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7.63.69
: There should be no attempt to make any distinction at all.
7.63.201
 Now, with regard to the question of residence. The matter is really very simple and I cannot understand why so intelligent a person as my friend Mr. T. T. Krishnamachari should have failed to understand the basic purpose of that amendment.

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7.66.88
     With regard to the other argument, that since trade and commerce have been made subject to article 244, we have practically destroyed the fundamental right, I think I may fairly say that my friend Mr. Subramaniam has either not read article 244, or has misread that article. Article 244 has a very limited scope. All that it does is to give p...
7.66.190
    I understand it was not moved.

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10.148.202
 : Sir, I move:"That for Part I of the Second Schedule, the following be substituted:--PART I     Provisions as to the President and the Governors of States for the time being specified in Part I of the First Schedule.     1.There shall be paid to the President and to the Governors of the States for the time being specified in Part I of the Fir...
10.148.199
Secondly, the discretion which we are going to leave with the Governor under this Constitution is very very meagre. He has hardly any discretion at all. He has to act on the advice of the Prime Minister are the matter of the, selection of Members of the Cabinet. He has also to act on the advice of the Prime Minister and his Ministers of State w...

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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...
7.58.55
     May I explain, Sir? I find among the Members who are interested in the subject, there are two divisions: one division believes in cottage industries solely on a co-operative basis; the other division believes that there should be cottage industries without any such limitation. In order to satisfy both sides, I have used this phraseology del...

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7.75.153
 :  It might be desirable that I explain in a few words in its general outline the scheme embodied in article 59. It is this: the power of commutation of sentence for offences enacted by the Federal Law is vested in the President of the Union. The power to commute sentences for offences enacted by the State Legislatures is vested in the Governo...
7.75.114
Sir, I hope that with this explanation, the House will accept the article as it stands.

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10.147.165
     My Friend is thoroughly misinformed. He does not know what is being done.
10.147.260
       Sir, I move:      "That for article 31 1, the following article be substituted:-Provisions as to provisional Parliament of the Union and the Speaker and Deputy Speaker thereof.311. (1) Until both Houses of Parliament have been duly constituted and summoned to meet for the first session under the provisions of this Constitution, the body ...

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7.65.181
     Now, coming to the question of the scheduled tribes and as to why I substituted the word "scheduled" for the word "aboriginal" the explanation is this. As I said, the word "scheduled tribe" has a fixed meaning, because it enumerates the tribes, as you will see in the two Schedules. Well, the word "Adibasi" is really a general term which has...
7.65.160
   Mr. Vice-President, Sir, among the many amendments that have been moved to this article 13, I propose to accept amendment No. 415, No. 453 as amended by amendment No. 86 of Mr. Munshi, and amendment No. 49 in list I as modified by Mr. Thakur Dass Bhargava's amendment to add the word 'reasonable'.

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7.64.241
    Now, my friend, Pandit Thakur DassBhargava entered into a great tirade against the Drafting Committee, accusing them of having gone out of their way to preserve existing laws. I do not know what he wants the Drafting Committee to do. Does he want us to say straightaway that all existing laws shall stand abrogated on the day on which the Cons...
7.64.188
     Sir, if I might interrupt my honourable friend, I have understood his point and I appreciate it and I undertake to reply and satisfy him as to what it means. It is therefore unnecessary for him to dilate further on the point.

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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.)
8.90.156
     Now, Sir, with regard to the numerous amendments that have been moved, to this article, there are really three issues that have been raised. The first is, how are the Judges of the Supreme Court to be appointed? Now grouping the different amendments which are related to this particular matter, I find three different proposals. The first pr...

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7.60.156
If that proposition is accepted - and I do not seeanyone who cares for Fundamental Rights can object to such auniversal obligation being imposed upon every authoritycreated by law - then, what are we to do to make ourintention clear? There are two ways of doing it. One way isto use a composite phrase such as "the State", as we havedone in articl...
7.60.57
: I understand Mr.Kamath is moving an amendment.

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7.59.39
   I ask the indulgence of the House as I have overlooked another amendment. That is No. 81 in list No. 3 - by SardarBhopinder Singh Man. Does he propose to move it?
7.59.70
     But Sir, I was quite surprised at the speech delivered by my friend Mr. Jaipal Singh. He said that this matter ought not to be discussed at this stage, but should be postponed till we take up for consideration the report of the Advisory Committee on Tribal Areas. If he had read the Draft Constitution, particularly the Sixth Schedule, paragr...

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9.109.90
  Sir, I move:     "That after article 213, the following new article be inserted:-High Courts for Stages in Part II of the First Schedule'213  (1) Parliament may by law constitute a High Court for a State for the time being specified in Part II of the First Schedule or declare any Court in any such State to be a High Court for the purposes of ...
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 ...

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9.118.228
     I have been telling my honourable Friends that the Statement of Objects and Reasons is not a part of the Act and therefore, there can be no amendment moved to the deletion of any word or clause or sentence in the Statement of Objects and Reasons. As soon as this Bill becomes an Act, that Statement of Objects and Reasons will be thrown into ...
9.118.226
     I have said that the other provisions are merely reproductions of what is contained in the original Section 291. This power is not being taken for a wanton or an unnecessary purpose nor is it intended to be used for anything other than a bona fide purpose. Therefore having regard to these circumstances my submission is that clause 4 is a pe...

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9.125.19
 : Sir, I beg to move: "That for article 299, the following article be substituted :     '299. (1) There shall be a Special Officer for minorities to be appointed by the Special Officer, Officer, President. Special officer for minorities.     (2)It shall be the duty, of the Special Officer to investigate all matters relating to the safeguards pr...
9.125.85
: Sir, I move     "That in Form VI of the Forms of Declarations in the Third Schedule, the words 'or as may be specially permitted by the Governor in the case of any matter pending to the functions to be exercised by him in his discretion' be omitted."

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8.94.165
: Sir, I want to say a word regarding the procedure to be followed. taking the article 131, as it is, no doubt it is put in an alternative form. The two alternatives have one thing in common viz., that they propose the Governor to be elected. The form of election is for the moment a subsidiary question. As against that, there are three or four...
8.94.84
With regard to the point made by my Friend Mr. Sidhva that many of these rules with regard to the duties of the Auditor-General are made by the executive and therefore, since by the amendment which I have suggested we are continuing to give these powers the same operation which they had before, we are practically investing the Executive with th...

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7.54.9
   Sir, I oppose the amendment.
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 ...

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8.88.103
: I shall be grateful if my honourable Friend would leave this matter to the Drafting Committee to consider and then we can bring it up afterwards?
8.88.210
: No, Sir. I do not think any reply is necessary.

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11.155.37
: Mr. President, Sir, I have to present the report of the Drafting Committee together with the Draft Constitution of India as revised by the Committee under rule 38-R or the Constituent Assembly rules. Sir, I move--     "That the amendments recommended by the Drafting Committee in the Draft Constitution of India be taken into consideration."
11.155.38
     Sir, I do not propose to make any very long statement on the report or on the recommendations made by the Drafting Committee for the purpose of revising or altering the articles as they were passed at the last session of this Assembly. The only thing that I wish to say is that I would not like to apologise to the House for the long list of ...

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7.53.56
: I do not accept the amendment.
7.53.41
There are some other items more or less in the same strain. What I would like to ask Professor Shah is this: If these directive principles to which I have drawn attention are not socialistic in their direction and in their content, I fail to understand what more socialism can be.

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7.56.170
As to the rest of the amendments, I am afraid I have to oppose them.
7.56.169
My friend Mr. Tyagi made an appeal to me to remove the word 'strive', and phrases like that I think he has misunderstood why we have used the 'strive'. The word 'strive' which occurs in the Draft Constitution, in judgment, is very important. We have used it because our intention is even when there are circumstances which prevent the Government, ...

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7.77.150
: I have dealt with that.
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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3.20.211
But when we come to the other case, viz., where parents are converted and we have to consider the case of their children, then I think we come across what I might say a very hard rock. If you are going to say that, although parents may be converted because they are majors and above the age of 18, minors below the age of 18, although they are the...
3.20.68
 I submit that we ought not to rest content with that kind of reasoning which the Supreme Court in India may adopt or may not adopt. Therefore, my, suggestion is this, that, just as in the case of the other clause dealing with citizenship you were good enough to remit the matter to a small committee to have it further examined. It will be desira...

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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...
9.123.157
This article is exactly the same as the original article as it stood in the Draft Constitution. The only amendment is that the provision for the reservation of seats for the Muslims and the Christians has been omitted from clause (1) of article 294. That is in accordance with the decision taken by this Assembly on that matter. (Amendments Nos....

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7.57.29
: I oppose the amendment, Sir.
7.57.19
: I move that this matter do stand over.

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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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7.55.34
     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 Sta...
7.55.139
      : I cannot accept it. Sir.

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9.122.6
    Sir, I move.
9.122.5
    The article are self-explanatory and I do not think that at this stage it is necessary for me to make any comments to brine out any of the points, because the points are all very plain. I would therefore reserve my remarks towards the end when after the debate probably it may be necessary for me to offer some explanation of some of the point...

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11.156.45
    I would like to draw your attention that even in the present Government of India Act there is a provision to the same effect contained in section 126, which empowers the Governor-General to give directions to the provinces and if it appears to the Governor-General that effect has not been given to any such directions he can in his discretion...
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 ...

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9.117.184
: We shall consider it when we go over the whole thing is the language is appropriate.
9.117.143
: Let all of them be withdrawn.

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7.71.47
    With regard to the question of separating the Executive from the Judiciary, as I said, there is no difference of opinion and that proposition, in my judgment, does not depend at all on the question whether we have a presidential form of government or a Parliamentary form of government, because even under the Parliamentary form of Government ...
7.71.95
    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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7.81.99
     Now, speaking for myself, I cannot say that I am very strongly prepossessed in favour of a second Chamber. To me, it is like the Curate's egg--good only in parts. (Laughter.) All that we are doing by this Constitution is to introduce the second Chamber purely as an experimental measure. We have not, by the Draft Constitution, given the Sec...
7.81.98
    Mr. Vice-President, Sir, I regret I cannot accept any of the amendments that have been moved to this particular article. I find from the speeches that have been made that there is not the same amount of unanimity in favour of the principle of having a second Chamber in the different provinces. I am not surprised at the views that have been e...

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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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7.79.200
    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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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, p...
6.47.181
     Sir, if I may reply to this point. If the Honourable Mover will only refer to the beading of the chapter he will see that the chapter is called "Legislation for making provision as to the Constitution of India." These rules relate to no other Bill except the Bill amending the Constitution. Therefore the word "such" is absolutely unnecessary.

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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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1.7.27
Now, I come to the first part of the Resolution which includes the first four paragraphs. As I said, from the debate that has gone on in the House, this has become a matter of controversy. The controversy seems to be centred on the use of that word 'Republic'. It is centred on the sentence occurring in paragraph 4 "the sovereignty is derived fr...
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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7.67.68
:This point was disposed of already, when we discussed the Directive Principles, and also when we discussed another amendment the other day.
7.67.66
:I was discussing another amendment with Mr. Ranga here and so.......

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9.140.497
 No; no. It is not in today's Order Paper.
9.140.412
  : Those Members who have moved amendments and do not want them to be put to vote may be taken to have given you the authority that they do not want to press them.

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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...
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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9.124.90
     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 ...
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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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 ...
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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11.166.177
      : Probably he may not find it necessary to continue his speech if I refer to him this fact, namely, that the expression "law" in (3) (a) has reference to law in 8(1).
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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10.150.200
I would ask Mr. T. T. Krishnamachari to move the amendments on my behalf.
10.150.37
 I have already moved that.

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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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11.158.2
     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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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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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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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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9.138.336
      : 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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10.145.17
      I think, Sir. that 10 to 1 will be all right.
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