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
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judiciary
governor
powers of president
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judicial review
public health
gender
international relations
separation of powers
protection of monuments
cow slaughter
social justice
compulsory education
cottage industry
public assistance
local government
panchayat
natural resources
enforceability
proportional representation
separate electorates
election commission
integration of states
universal adult suffrage

Speaker

K.M. Munshi

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2.15.70
Sardar Kartar Singh,
2.15.55
Then comes a group representing the Scheduled castes:

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4.23.6
    Sir, I move:     "That in Rule 3 the words 'or any Section thereof' be deleted."
4.23.47
 Sir, I move:     "That in Rule 19, 'sub-rule 1(iii)' be deleted and in sub-rule 1(iv) the words 'or the sections' be deleted."

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1.10.106
Now so far as the matters to be dealt with by the Tribunal are concerned, they cannot form part of the Rules. What it will be doing is to adjudicate upon the Status of a Member of this House and it is felt that that could only be done by an Ordinance, so that it can become part of the law. Otherwise serious difficulties are likely to arise. It ...
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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9.138.172
     The amendments fall under four categories One set of amendments says that there should be no compensation at all. The second set of amendments says that Parliament should not seize property under the Fundamental Rights, but the President should, that is, the Executive should. That is a reversal to barbarism; I need not touch the point any ...
9.138.188
     It is not correct to say that Parliament has not been given full powers. It can fix the form and the manner of giving compensation; it can give bonds or land in exchange for the land acquired. It has much wider powers than the Legislatures in India ever possessed before. Therefore, Parliamentary powers have been enlarged. But Parliament, r...

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3.20.232
I move that sub-clause (2) of clause 18 be referred back to the Advisory Committee. It was the general sense of many of the members that this clause should be reconsidered in the light of discussion that took place.
3.20.228
Is it worth while moving any amendment if Mr.MohanlalSaksena's suggestion is carried ? If that is accepted no amendment need be moved.

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3.18.101
Now, Sir, clause 4 does not deal with untouchability at all. It deals with discrimination regarding services and various other things. It may mean discrimination even between touchables and untouchables, between people of one province and another. The word 'untouchability' is mentioned in clause 6. The word 'untouchability' is put purposely wit...
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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3.19.162
I move that the proviso be dropped.  
3.19.190
"That carries out the recommendation at page 2 of the Report."

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9.143.136
    May I rise to a point of order? This is-really speaking-bringing in the due process of law by the back-door, which was disposed of more than once and debated over and over again in this House. The proposal was disposed of some months ago and disposed of day before yesterday. The idea is to vest the Supreme Court with that power. This is, the...
9.143.299
   I would have been very glad to do it, were it not untrue. What we are doing is a translation. 'Version' means really-speaking re-writing the whole thing in an independent manner. This is a translation. Let us pass through the stage of translation. Then we can have an independent version of the Constitution, which it will be open to the Parlia...

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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.
7.63.193
  Well, my honourable friend can attempt to become a lawyer.

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5.46.82
Mr. President, Sir, my first proposition with regard to this Fundamental Right is that the words 'Public Funds' should be really 'State Funds'. Mr.Kamath's amendment was evidently lost sight of. When the original Fundamental Right was accepted, wherever the words 'Public Funds' were found, they were substituted by 'State Funds.' The object was t...
5.46.89
Now, with regard to the words 'educational institutions' I submit it enlarges the meaning of the word 'school' to a very large extent. It would create grave difficulties if it is allowed to be used. There may be pathasalas or madrassahs giving religious instruction. Their express object is to give religious instruction and everywhere today these...

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8.106.38
My Honourable Friend Mr. Kuladhar Chaliha coming Assam said that this affects the power of the provincial Governments. He further put forward the point of view that in point of efficiency and integrity the Centre is no better then the provinces. He said if I heard aright that the provinces were better in this respect than the Centre. If that be...
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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5.43.122
The words of the proviso are these-     "Provided that as a general rule, there shall be reservation of seats for the minorities shown in the schedule."
5.43.124
I have also moved an amendment to No. 85 whereby the item of Scheduled castes is going to be removed to a separate para. No. 1A and not included in the schedule.

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8.95.45
Take the further stage envisaged in article 188. When the constitution of a province is suspended, a person who has the confidence of the Centre would be of much greater use in restoring the stability of the province than a person who is associated intimately with the politics of that province. 
8.95.47
From all these points of view I hope the House will accept the amendment unanimously.

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9.140.483
  : I am not accepting it.
9.140.311
   The word 'or' is proper; it means 'and'. However the Drafting Committee will consider it carefully. We did as well as we could within the forty five minutes. We feel 'or' is correct. If we find that 'or' is incorrect, we shall change it.

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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 to int...
7.64.172
I cannot agree with my honourable friend.

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7.67.234
Our emergency at the moment has perhaps led us to forget that if we do not give that scope to individual liberty, and give it the protection of the courts, we will create a tradition which will ultimately destroy even whatever little of personal liberty which exists in this country. I therefore submit, Sir, that this amendment should be accepted.
7.67.233
Therefore, my submission is that this clause is necessary for this purpose and is not likely to be abused. We have, unfortunately, in this country legislatures with large majorities, facing very severe problems, and naturally, there is a tendency to pass legislation in a hurry which give sweeping powers to the executive and the police. Now, ther...

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4.27.182
 Mr. Aney seems not to have read the paper correctly. I have moved two amendments one to Pantji's, and another to Mr. Gupte's amendment. Since the former amendment was not moved, and Mr. Gupte has moved his amendment, I am perfectly in order in spite of Mr. Aney's protest. The amendment is:     "That for Clause 15 the following be substituted: ...
4.27.178
 Sir, this amendment is only an elaboration of Mr. Gupte's amendment. I think I should also reserve whatever I have to say on the amendment for tomorrow.

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8.101.45
I find that three points are raised against either this particular article or the wording of the amendment as moved by my honourable Friend Dr. Ambedkar. The first is that there should be no such section. The second is that if there is to be such a power in the High Court, the whole case should be disposed of by it and not merely the point of co...
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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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...
8.85.54
There is one argument which I would like to deal with. It is that this Commonwealth is nothing but the old British Commonwealth of Nations in another from. This argument is entirely based on a fallacy. The British Commonwealth of Nations was entirely different both in the scope and content to the new Commonwealth which is now envisaged by this ...

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9.132.244
In his next amendment No. 33 he wants to add in sub-paragraph (2) of paragraph 4 the following words : "it shall be the duty of die Tribes Advisory Council generally to advise the Governor or Ruler of the State, on all matters pertaining to the administration, advancement and welfare of the scheduled tribes of the State." Now the word "administ...
9.132.251
 : Some of them are very valuable.

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8.97.90
Therefore, it is not as though he cannot get any information apart from what he gets from his Ministers."to point out objections which seem to him valid against the course which they advice; to suggest, if he thinks fit, an alternative policy. Such instructions are always received by Ministers with the utmost respect and considered with more res...
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 ...

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7.58.151
This attitude of mind perpetuated under the British rule, that personal law is part of religion, has been fostered by the British and by British courts. We must, therefore, outgrow it. If I may just remind the honourable Member who spoke last of a particular incident from Fereshta which comes to my mind, Allauddin Khilji made several changes wh...
7.58.150
There is one important consideration which we have to bear in mind--and I want my Muslim friends to realise this--that the sooner we forget this isolationist outlook on life, it will be better for the country. Religion must be restricted to spheres which legitimately appertain to religion, and the rest of life must be regulated, unified and mod...

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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.
10.150.133
There are one or two matters which I should like to mention. As Professor Asawa said just now, article 306B is a very useful measure and I am sure even those Members of the House who may have any compunctions about it will have been satisfied. The policy with regard to 306B has been authoritatively laid down in the statement of Sardar and I do ...

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3.21.128
Yes.
3.21.126
The Explanation which was dropped is in the view of the Committee necessary in order that the wording "forced labour" may not have a controversial interpretation. Sir, there was a conflict of opinion in several sections of the House as regards the Explanation and this Report was placed before the House only this morning. I, therefore, submit tha...

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10.152.219
    Yes, I will.
10.152.217
    I do not know, I am not in a position to make any authoritative statement on that question. So far as I know, it has been transferred to the Centre and the Centre has given it to the Bombay Government for purposes of administration under the Act. I speak subject to correction. That is my impression.

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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...
10.151.251
With regard to amendment No. 80 of honourable Mr. Kamath, I am really surprised that he wants the deletion of the words "and also to the Anglo-Indian community". By sections 297 and 298 the Constitution has given specific safeguards to the Anglo-Indian community and the whole object of this article 299 is to see that the working of such of the ...

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11.157.535
: I suggest 15 minutes and five hours a day so that Members might get a few days between this and the next session.
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.

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8.98.169
     I further submit that this matter does not fall within article 110 or 111, and the discussion at this stage is premature. The proper time is when amendment to 112-B is considered. Article 110 relates purely to constitutional matters, and article 111 to civil matters. when we come to 112 then the question may be considered whether it is to ...
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...

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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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7.73.274
My friend who spoke last was pleased to refer to me as one who was closely connected with Mahatma Gandhi out of the Members of the Constituent Assembly. I do not know whether it is true. But, I myself have felt--I am free to confess--that we are emphasising the absence of God in this Constitution too much. My opinion was that we should have His...
7.73.273
 : Mr. Vice-President, Sir, I think the honourable Member who spoke against my honourable Friend Mr. Kamath's amendment got that there was an amendment by my honourable Friend Mr. Mahavir Tyagi which leaves it free to those who do not believe in God to affirm solemnly the words of the oath. The only point before the House is, when a person belie...

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8.93.265
    In this connection I may draw the attention of the House to the comments made in a Memorandum submitted by the Federal Court and the Chief Justices of the provincial High Courts. What they have stated is this:         "Thanks to the system of administration of justice established by the British in this country,     the judiciary until now ha...
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 ...

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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 ...
5.41.49
 Mr. President, Sir, I oppose the amendment that has been moved by my honourable friend Sir V. T. Krishnamachari. Honourable members will see that item 16 is "The entering into and implementing of treaties and agreements with foreign countries". They will also find a similar amendment to that item by the same four honourable members. Now, I do ...

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8.96.253
: No one has found any difficulty in one Advocate-General appearing in another province. There is no reason why there should be a special provision.
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...

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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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9.144.1
Mr. President, Sir, may I move.....
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."

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8.100.49
    In the first instance, we must consider the point of view not of individual judges but of the judiciary as a whole and of its independence which we are so anxious to maintain and preserve. Firstly, the age limit of the judges of the High Court is kept at sixty. The provision as to higher age, not exceeding sixty-five, which finds a place in ...
8.100.50
    Then comes the other article to which my Friend Dr. Sen referred article 196 is a bar against a High Court judge practicing in any court in India. Naturally therefore the question whether it would be possible to draw to the High Court Bench such talent as is necessary for the due administration of justice requires to be examined. We are accu...

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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...
8.89.194
     As regards the question of the independence of the Judiciary, which my Friend Professor Shah emphasised, ample care has been taken in this Chapter that the judicial system in India under this Constitution should be an integrated system, and that it should be independent of the Executive in so far as it could be in a modern State. The House...

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

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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 ...
1.2.184
We have not heard it.

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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.
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.

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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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4.32.74
 I move closure.

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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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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 point...

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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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10.145.19
     Sometimes we may have to meet twice a day.

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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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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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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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