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

K.M. Munshi

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2.15.140
Sir, Clause 4 as amended will run thus:     The Advisory Committee shall submit the final report to the Union Constituent Assembly within three months from the date of this Resolution and may submit interim reports from time to time, but shall submit an interim report on Fundamental Rights within six weeks and an interim report on minority right...
2.15.155
With regard to the point of order, Rule 46 makes it perfectly clear that it would be competent for this House to alter the method of election. This is how the Rule runs:     ''The members of every such committee shall unless the motion by which the committee is set up otherwise provides, be elected according to the principle of proportional repr...

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4.23.91
 The next amendment is to Rule 46 which relates to other Committees. I move:     "That the words 'or a Section according as the business of the Committee relates to the Assembly or the Section' be deleted."      This is also consequential.
4.23.6
    Sir, I move:     "That in Rule 3 the words 'or any Section thereof' be deleted."

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1.10.89
Chapter III deals with the business of the Assembly. It largely deals with the procedure to be adopted in conducting the business of the Assembly and its several branches. The only important provision is the one on page 5, containing Rule 7.     "The Assembly shall not be dissolved except by a resolution assented to by at least two-thirds of th...
1.10.92
The next important point to which I would like to draw the attention of the House in Rule 18. It lays down that--     "In the Assembly, business shall be transacted in Hindustani (Hindi or Urdu) or English, provided that the Chairman may permit any member unacquainted with either language to address the Assembly in his mother tongue. The Chairm...

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9.138.191
     The question of justiciability, I fear his been unnecessarily brought into this controversy. In a civilised country, every article of the written Constitution, if there is one, and every law made by Parliament is justiciable in the sense that the Courts can examine each of them to decide that the law-making authority acted within the ambit...
9.138.175
     She wants to go to the international assemblies with this Constitution in her hands. I do not want to say anything further.

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3.20.6
Mr. President, Sir, I beg to move the ' following amendment to clause 10.      "In paragraph 2, clause 10, delete the word 'reasonable'."
3.20.135
Sir, I beg to move the following amendment,     That for clause 17 substitute the following clause:      ''Any conversion from one religion to another of any person brought about by fraud, coercion or undue influence or of a minor under the age of 18 shall not be recognised by law."

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3.18.192
That will be better; they can meet and have a discussion because this is a purely technical discussion.
3.18.147
"Subject to jurisdiction" has been defined by several authorities and it means persons born of persons who owe allegiance to the Union. If necessary, I will satisfy the Hon'ble Member who has put forward this point of view. The wording "subject to jurisdiction" has been taken from the American Constitution and has been expressly construed to mea...

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9.143.291
     It is an open secret, I moved those resolutions. I was keen that we should have the version accepted by the House, but the circumstances are such that it is not possible for us to do so--at least that is the view of the bulk of the Member of the House. Whatever my personal view may be or whatever the view of my honourable Friend Seth Govind...
9.143.297
  Sir, I have said it once and I am prepared to repeat it again that I am carrying out the general wishes of the Members of the House.

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3.19.149
I move this verbal change that instead of the words "to the existence of grave emergency"--that does not sound much sense--we use the words "except in grave emergency".
3.19.165
 Mr. President, Sir, I beg to move the following motion:     "Resolved that the Constituent Assembly do proceed to take into consideration the report of the committee appointed by the resolution of the Assembly of the 25th January, 1947, to recommend the order of the further business of the Assembly."

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7.63.164
  It has been moved that it should be added; I stand corrected. We have moved an amendment to this effect implying thereby that we are going to support it and I hope we are going to get the support of the House. The amendment seeks to insert the word "residence" in clause (2); that would mean that no State, not even a local authority like a muni...
7.63.59
 This is a verbal amendment, because in the next phrase the words "or any of them" are used. This is just to bring the whole language of the clause to run in an appropriate way, I move this amendment.

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5.46.198
     The next amendment moved by my Honourable friend Mr.MohanlalSaksena is really irrelevant to this clause. However good it might be, it does not relate to the fundamental right we are dealing with. It says: "Provided that no State aid shall be given.....unless the syllabus......is duly approved by the State". This clause refers only to State ...
5.46.141
     But not for the purpose of excluding religious education. This only recognizes the right of the student or his parent to say "my son shall not be given any religious instruction." This is only one part of it. The other is a different proposition. We need not mix up the two. A State-maintained institution and owned by it may conceivably give...

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8.106.30
We must remember one thing, that after all an election department is not like a judiciary, a quasi-independent organ of Government. It is the duty and the function of the Government of the day to hold the elections. The huge electorates which we are putting up now, the voting list which will run into several crores-all these must necessarily re...
8.106.131
: Mr. President, Sir, I am sure that on a matter of this importance we should appreciate all that happened in the past and not reopen the discussion which has passed through several stages. The two sections which are under discussion are the result of very long discussions and suggested by a Special Committee appointed for this purpose, accept...

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5.43.121
   Mr, President, Sir, I move the following amendment to the amendment of PanditBhargava     "That in amendment No. 19 of List I, dated 25th August 1947, for the word seat the word 'representation' be substituted", the following words be substituted: -     "after the word 'schedule' the words 'and the section of the Hindu Community referred to i...
5.43.143
     This is consequential to Harijans being removed from the category of minorities and placed as an independent category as a section 'of the Hindus. I move the amendment.

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9.140.483
  : I am not accepting it.
9.140.321
   No more amendments.

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8.95.40
we have to consider the position only in this way. Would it ensure for the better government of the province to have a nominated governor or an elected governor? If there was a nominated governor, his power of dismissing ministers at his discretion naturally would go. He would remain a constitutional head. The Government would be practically run...
8.95.47
From all these points of view I hope the House will accept the amendment unanimously.

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5.45.89
     These are all the remarks that I have to make and I hope the House will accept the resolution.
5.45.79
      : I move the Resolution which stands in my name. The paragraphs of the Resolution which I seek to move are almost in the words of the Report, except one or two things to which I will presently draw the attention of the House. The clauses are taken bodily from the Report which has been explained to the House by the Honourable Dr. Ambedkar. ...

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7.64.164
     The House will not permit me to do anything of the sort. Sir, the importance of this amendment is that it seeks to delete the word ‘sedition’ and uses a much better phraseology, viz. "which undermines the security of, or tends to overthrow, the State." The object is to remove the word ‘sedition’ which is of doubtful and varying import and t...
7.64.157
     : Really speaking, the original amendments numbers 458 and 461 have been brought under a single amendment. There is nothing new in this amendment, Sir.

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8.97.84
Some honourable Members who spoke are under the impression that a Constitutional Head has no function at all and that he has to do nothing else than to endorse what the Premier or the Ministers do, without even giving them the benefit of his advice or giving them the impressions of a detached spectator on governmental actions. This I submit is ...
8.97.85
Mr. Friend. Mr. Gupte, referred to sub-clause (c) and asked the question, where is the Governor to get the information from? If you read sub-clause (b) it says--"It shall be the duty of the Chief Minister of each State to furnish such information relating to the administration of the affairs of the State and people for legislation as the Governo...

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7.67.104
Moreover, I was a party from the very beginning to the compromise with the minorities, which ultimately led to many of these clauses being inserted in the Constitution and I know it was on this word that the Indian Christian community laid the greatest emphasis, not because they wanted to convert people aggressively, but because the word "propag...
7.67.231
Now, the question we have to consider, I submit, is only this. What are the implications of this `due process'? Due process' is now confined to personal liberty. This clause would enable the courts to examine not only the procedural part, the jurisdiction of the court, the jurisdiction of the legislature, but also the substantive law. When a law...

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4.27.101
Further we have to consider this fact also that this Constitution of India, of Free India, will be a kind of Charter. It will also contain Fundamental Rights and also recognize the Rights of Citizens in certain Fundamental Rights and certain obligations on the part of Government. Now all those must be enforced by some kind of remedy in the natu...
4.27.102
I know that the word 'Prerogative Writs' is a very vague word. That is this reason why Sir Alladi's amendment uses the words-- "any substituted remedies therefore". The idea is that either in a form defined by the Constitution or by any law made under the authority of the Constitution, those Writs will be preserved. There is no doubt about it.

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8.101.52
The next point is this that such a decision at an early stage would be of an all India application. Clause (b) of the new amendment says :"(2) determine the said question of law and return the case to the Court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt the...
8.101.53
The word used is 'Judgment'-the same as in article 110. Therefore on this question of law if necessary parties can straightaway go to the Supreme Court in appeal so that there may be uniformity of decision throughout the country. It is in the nature of consultative jurisdiction-though not quite-but the way in which the Constitution has set up th...

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9.132.251
 : Some of them are very valuable.
9.132.242
The second point on which we differ cardinally is this: We want that the Scheduled tribes in the whole country should be protected from the destructive compact of races possessing a higher and more aggressive culture and should be encouraged to develop their own autonomous life; at the same time we want them to take a larger part in the life of...

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8.85.55
Now part of this is also embodied in the well known Statute of Westminster. Nothing of it has been left so far as this declaration is concerned. In the first instance, the Nations which are going to be members of this Commonwealth are to be independent nations. That is the wording of the Declaration here. Secondly they are not united by a commo...
8.85.61
Sir, the Prime Minister has said on more than one occasion that it is high time we forgot our old distrust of England. Great Britain and India have for a hundred and fifty years been associated closely in culture, in thought many of our political and legal institutions and our democratic ideals, we have shared with England in common. And lookin...

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10.150.140
 I do not accept that amendment. I said I would not accept any amendment other than those two moved by Mr. Santhanam.
10.150.132
Mr. President, Sir, after the exhaustive and brilliant survey of the whole question by Sardar there is no need for any detailed reply. I would only mention one or two matters. In the first instance, I shall beg the permission of the House to keep back 274DD. Some technical flaw is suggested and the Drafting Committee would like to re-examine it...

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7.58.149
     I know there are many among Hindus who do not like a uniform Civil Code, because they take the same view as the honourable Muslim Members who spoke last. They feel that the personal law of inheritance, succession etc. is really a part of their religion. If that were so, you can never give, for instance, equality to women. But you have alre...
7.58.148
     Now look at the disadvantages that you will perpetuate if there is no Civil Code. Take for instance the Hindus. We have the law of Mayukha applying in some parts of India; we have Mithakshara in others; and we have the law-Dayabagha in Bengal. In this way even the Hindus themselves have separate laws and most of our Provinces and States ha...

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3.21.125
The clause which has emanated from the Committee to which it was referred runs in thus.     "Traffic in human beings, and begar and other similar forms of forced labour are prohibited and any contravention of this prohibition shall be an offence."
3.21.96
The reasons have already been given fully in the Report of the Ad Hoc Committee. I have nothing to add to it.

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10.152.225
     I shall convey the request to the proper quarters.
10.152.221
   Mr. Santhanam is correct. Up to the 26th of January, it is perfectly open to the Government of India to transfer any part of a State to any Province. That is the position in law. So far as the present Schedule is concerned, it applies on and after the 26th of January. Whatever portion of a State on that date has been transferred to Bombay wil...

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10.151.168
I need not say anything more on this amendment. The Special Officer is intended to look after the political safeguards that have already been given by other articles in the Constitution. I therefore, move the amendment.
10.151.237
 : May I rise to point of Order? The words of my amendment No. 64 only refer to "all matters relating to the safeguards", that is only where safeguards are provided by the Constitution. No safeguards have been provided for the Muslims, Christians, Sikhs and Parsees. The only safeguards in the Constitution so far accepted are with regard to Angl...

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11.157.88
: I do not think that question is appropriate here. I am only explaining the constitutional position and why we have omitted this. Any question as to what has been done should be addressed to the proper quarters.
11.157.108
: There is no such notification.

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8.98.164
     The next question is whether there should be criminal appeals and if so, under what conditions. For that purpose there is an amendment of the Drafting Committee which is going to be moved by my Friend Dr. Ambedkar- Amendment No. 154-New Section 112-B. It runs thus-     "Parliament may by law confer on the Supreme Court power to entertain an...
8.98.168
     I may point out one defect. It is only in cases of miscarriage of justice, on matters relating to the nature of evidence or procedure that the Privy Council gives special leave. Article 112 embodies this jurisdiction. On question of law in criminal matters however, there is no right of appeal. But the matter is sure to be considered by Parl...

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10.153.312
 : Mr. President, Sir, I can easily appreciate the feelings of my honourable Friend, Pandit Kunzru, in opposing this 28A but he will also realise the grave situation to which reference has already been made by my Friend, Dr. Ambedkar. The debate in the Parliament, in the other part of the House, a fortnight ago, clearly showed that the country ...
10.153.314
This article in the Constitution is the realization of one supreme fact that the economic structure of the country is one and indivisible. If a province breaks financially, it will affect the finances of the Centre: if the Centre suffers, all the provinces will break. Therefore the inter-dependence of the provinces and the Centre is so great th...

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8.93.263
    My friend who spoke last supported the amendment which I also support. But he will forgive me if I do not associate myself with some of the remarks that fell from him. A judiciary is an independent organ of the State. I entirely agree with him that we cannot have kingdoms within kingdoms. The legislature, the executive and the judiciary are ...
8.93.262
     : Mr. President, I heartily support the amendment (No. 1967) moved by my Friend Dr. Ambedkar and take this opportunity once again to emphasize what I said while opposing Professor Shah's amendment the other day, that this Constitution, though it has not accepted the doctrine of the separation of powers, has maintained the independence of th...

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7.73.276
As an honourable Member has said before, if India has anything to give to the world, it is the outlook on life deeply imbued by spirituality, by awareness of God in our midst. If Indian culture has any meaning at all, it is that there is God and that a man can rise to the dignity of divinity in this very life if he becomes an instrument of God....
7.73.267
 Thank you, Sir.

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5.41.52
Take for instance this simple example that I can give you at the moment. Suppose there are trade relations with a country, and as a result of an impending war or of her conduct which is against international policy those trade relations are to be terminated, suppose, all the members of that international association in a body said that they sho...
5.41.51
 No. I am distinguishing between the two, if the honourable member has the patience to listen to me. Item 14 does not refer to bilateral treaties, but refers to international conferences. Now, as the House knows very well, in this age international relations are not necessarily governed by treaties. There are various conferences at which India ...

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8.96.249
: Mr. President, Sir, I rise to oppose the Amendment (No. 2207) moved by my honourable Friend Mr. Naziruddin Ahmad. The Amendment appears to have been based on a confusion between the functions of the Advocate-General of India and the Advocate-General of a Province. The Advocate-General of India---whom we have styled "Advocate-General" in this...
8.96.251
There is reciprocity of appearance between one High Court and another ordinarily. The regulation of appearance of an advocate of another High Court in one particular High Court depends upon the rules and policy of that High Court. Therefore, it is much better that the Advocate-General's appearance in another High Court is regulated by the Legal...

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7.71.159
    As already pointed out by my honourable Friend Dr. Ambedkar, even in America, they have found it impossible to maintain the principle of separation of powers. We know that the Constitution in America is not working as well as the British Constitution, for the simple reason that the Chief Executive in the country is separated from the legisla...
7.71.158
    Already reference has been made to an amendment moved by my honourable Friend and lost in this House about the separation of powers. It must not be forgotten that the American Constitution was made long ago, in the 18th Century. The makers were then guided by Montaigne's interpretation of the British Constitution that there was separation of...

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9.144.3
Mr. Tyagi may have patience. I am moving :"That the President may be authorised to fix such a date in October as he considers suitable for the next meeting of the Constituent Assembly."
9.144.5
The meeting has to be held in October. I request the House to adopt the Resolution I have moved.

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8.100.48
    Sir, the age at which a High Court Judge is to retire has caused considerable differ of opinion and this age of sixty has been fixed after exhaustive enquiry and scrutiny at the hands of those responsible for this decision. I submit, sir, that the decision to which the Drafting Committee has come, together with the amendments which are going...
8.100.51
    The question of pension has been referred to. I know that the pension given to judges is not adequate; but that is matter that has to be considered by the legislature. The question therefore is restricted to talent which at 60 is sufficiently vigorous and whose services may be required for the country. The Constitution provides two avenues f...

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8.89.193
     : Mr. President, Sir, I have only a few remarks to offer with regard to the amendment proposed by my Friend Professor Shah. In this amendment as the House will see, two ideas have been mixed up. The first is about the separation of Judicial from the Executive Powers. The other is the independence of the Judiciary. Now if I may remind the h...
8.89.39
     : There is something wrong with the loud speaker in front of you, Sir.

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4.25.84
There is only one argument which my friend, Mr. Khaliquzzaman placed before the House of which I would like to refer. He says, 'Large powers are going to be given to the Governor. If so, give the ministers much larger powers". There is no doubt that under Clause 9 which the House has adopted, certain discretionary powers have been given to the ...
4.25.83
 Mr. President, Sir, I have only a few words to say with regard to the views expressed by my friend, Mr. Khaliquzzaman. Mr. Aziz Ahmad Khan's amendment, as the House has seen, wants the ministry to be elected by proportional representation. The two amendments that have been moved are mutually contradictory. Mr. Ahmed Ibrahim Sahib says that the...

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1.11.6
I move that the Rules, as accepted by the Committee of the House, be now adopted by the Assembly in its plenary Session.
1.11.10
I submit all things that have been done by the House are by majority. The Rules have been adopted by a majority, and they come into force only on adoption. Therefore, whatever we have done before need not be validated.

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1.2.184
We have not heard it.
1.2.100
Mr. Chairman, I rise to support the amendment moved by Mr. Suresh Chandra Banerjee and supported by Dr. Syama Prasad Mookherjee. The business of this Assembly, to borrow the phraseology of the House of Commons, would naturally include the business of its Sections and Committees. Therefore, if the words stood as they are, "Rules of Procedure of ...

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10.149.217
: It is only chargeable on the States.
10.149.199
 :May I read the Statement ....

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4.34.65
 Sir, I move that the consideration so far as this proposition is concerned should be adjourned. The reason is very simple. In considering the Provincial Constitution, the House decided that there should be a similar power given to a Province with regard to the States and in fairness it would appear that a corresponding power should be given to ...

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4.22.119
Mr. President, Sir, the amendments which I have the honour to move on behalf of the Steering Committee really follow the lines which have been adopted in the Report. With your permission, Sir, I will take Rule by Rule. Sir, I move:      "That the following amendments to the Constituent Assembly Rules be taken into consideration:     'Rule 2:--...

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10.145.19
     Sometimes we may have to meet twice a day.

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10.154.325
: Once in my life I support the Maulana Saheb !

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9.141.240
  : We may sit on Sunday, both morning and evening and finish it.

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4.32.74
 I move closure.

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8.102.220
     Sir, I think it would be best to leave the article as it is, without incorporating the Chairman of the Upper House. The reason is very simple. The Chairman of the Upper House is also the Vice-President and if we put the Speaker in the first instance it would not be right to put the Chairman next after him; and it may be that it would not be...

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8.94.171
: 2015 is more complete.

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8.103.15
    The amendment the Member wants to move is the same as the one which is not being moved by Members who have given notice of it. He wants to move what they have not moved.

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5.40.14
  Mr. President, the, amendment, Sir, is based on a little misconception, if I may so put-it. The power to requisition has been construed to be included in the Defence power, and is a prerogative of the Crown in England. In India the question arose during the last war when the Central Government exercised the power of requisitioning, and the poi...

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9.109.48
: Sir, I am afraid the House did not understand what the question was. Many Members on this side say that they did not hear the question.

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8.105.131
: Mr. President, Sir, if my honourable Friend Mr. Kamath had considered the article fully, he would have found that the rights of the Parliament are fully protected. All the transactions which are mentioned there, grant, sale, disposal or mortgage are not legislative acts but executive act and therefore appropriately vested in the Executive; th...
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