Definition of State
Equality
forced labour
Reservation
Constitutional remedies
right to property
minority rights
religious education
freedom of religion
child labour
untouchability
due process
personal liberty
right to life
freedom of speech
right to freedom
abolition of titles
equality of opportunity
Discrimination
preventive detention
double jeopardy
union list
finance commission
fiscal federalism
taxation
residuary power
union of states
kashmir
seventh schedule
state list
emergency
parliamentary executive
supreme court
high court
judiciary
governor
powers of president
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judicial review
public health
gender
international relations
separation of powers
protection of monuments
cow slaughter
social justice
compulsory education
cottage industry
public assistance
local government
panchayat
natural resources
enforceability
proportional representation
separate electorates
election commission
integration of states
universal adult suffrage

Speaker

K.M. Munshi

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2.15.62
Dr.B. R, Ambedkar,
2.15.48
Mr. Jairamdas Daulatram from Sind,

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4.23.64
Now, Sir, this sub-rule (3) has no efficacy. It has no meaning. I therefore move that it be deleted.
4.23.39
 Sir, I move that Rule 12 be deleted. That is consequential. Sir, I move.

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1.10.13
It is necessary, as the House will easily see, to begin these negotiations at the earliest possible date. It is for that reason that this Resolution has been placed before the House today. The number has been restricted at present to 6 because this Committee, having to deal with delicate negotiations, has to be as small as it possibly could be....
1.10.12
This is more or less a formal motion for the simple reason that the Cabinet Mission's Statement as well as Lord Pethick--Lawrence's speech both contemplate that there should be a committee appointed by this Assembly in order to negotiate with the States for the purposes mentioned in this Resolution. I may refer in this connection, Sir, to the ...

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9.138.213
     Subject to these five amendments, I oppose all the others. I hope the House will carry this article with these amendments.
9.138.189
     In this connection, if I may, I will mention an instance in my own experience. In 1938 when the Bombay Government wanted to-it was the Kher Ministry in which I bad the honour to be a Member-acquire Bardoli lands, the property in one case was worth over 5 lakhs and had been acquired for something like 6,000/- in a market in which there was ...

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3.20.34
It is only a matter of arrangement. I do not want to argue. At the time of drafting the Act, it will be placed here.
3.20.85
Sir, I move an amendment to the effect that, after the last Explanation, the following words be added:-    "and for throwing open Hindu religious institutions of a public character to any class of section of Hindus."

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3.18.243
As regards the amendments relating to temples, they relate to untouchability and I submit that they should be taken up with clause 6. This particular clause -- clause 4, relates only to rights of citizens with regard to places of public use.
3.18.102
The present amendment will be extending the scope of the definition of untouchability. Sir, I oppose the amendment. 

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9.143.212
    Sir, though we are quite happy that we are becoming completely independent in the matter of the Judiciary, parting with the Privy Council--I am sure it is not my feeling alone, but the feeling of all members of the Bar in India--is not a matter which can be gone through without a pang. Most of us have looked to the Privy Council for the las...
9.143.211
     Mr. President, Sir, I would like only to say a few words on this occasion when we are passing a Bill which will end our connection with the Privy Council which has been our highest court for about one hundred and fifty years. I share the gratification of this House as well as perhaps the gratification of this country that our Supreme Court ...

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3.19.169
The second consideration which was weighed with the Committee in formulating its programme has been the statement that His Majesty's Government made in Parliament on 20th February, 1947. That puts a time-limit. The Committee has, therefore, submitted that the Constituent Assembly must finish its work of framing the Constitution by the 31st Octo...
3.19.10
      "1. In clause 5 paragraph I may be marked '(a)', and paragraph 3 may be marked '(b)'.       2. Paragraph 3 may be placed immediately after paragraph 1.     3. Delete from paragraph 1 the words 'and in the exercise of carrying on of any occupation, trade, business or profession', and from paragraph 3 the words 'or be prohibited from acquir...

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7.63.195
 You can, I know.
7.63.161
: Mr. Vice-President, Sir, the criticism that has been placed before the House so far has revolved round two points. The first point is the scope of amendment No. 82 moved by my honourable friend ShriAlladiKrishnaswamiAyyar; the second is about the word "backward". I propose to deal with the first question particularly in view of what was said b...

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5.46.139
     : Sir, it is not correct to assume that the matter did not receive consideration at the hands of the Advisory Committee or the original Fundamental Rights Committee. There are two different propositions. One proposition is that no school which is recognized by the State, whether aided by the State or not, should be such where students are c...
5.46.83
     Then again they will have to consider whether a particular kind of teaching fosters sectarian exclusiveness. All this I think will require any amount of litigation before a quietus can be given to this right.

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8.106.29
The next argument against the amendment is that this amendment departs from the old amendment No. 103 which was to be moved on behalf of the Drafting Committee, under which the Commissioners other than the Chief Election commissioners were not removable except in the manner in which a High Court Judge can be removed. Perfectly right. But the ch...
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...

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5.43.243
     If my amendment is accepted, the clause will read as follows:      "Sikhs-(b). In view of the special situation in Eastern Punjab the whole question relating to it will be considered later."
5.43.123
     and if my amendment was adopted it would read as follows:     "reservation of seats for the minorities shown in the schedule and the section of the Hindu Community referred to in paragraph 1A hereof."

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9.140.307
   : There is a sub-paragaph I (1) because there are other sub-paras (2) and (3) in the original article. Not this (2) but there are other (2) and (3).
9.140.305
   : One sentence has been split into two, and the word 'and' has been omitted. It is a purely verbal one.

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8.95.36
There was an intermediate position which some people favoured. It was felt that if at any time it was impossible to form a majority government either in the Centre or in the Provinces and there was fragmentation of political parties, a strong President and Governor elected on adult franchise and backed by the authority of the electorate would gi...
8.95.34
: Mr. President, Sir, I would not have intervened in this debate at this late stage had it not been for the remarks that fell from my Friend Mr. Biswanath Das. I am afraid the remark are likely to be understood in an unfortunate manner, if the whole position relating to the new amendment was not placed before the House at this stage.

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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.
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...

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5.45.83
     The only other change that I have ventured to make is the name of the officer whose election I have suggested, that upon election, the officer should be designated Speaker, so that when the House sits as the Constituent Assembly, we will have the President presiding over it and when it sits as a Legislature, the officer elected will presid...
5.45.88
     In this connection I may mention one fact which I omitted to mention in the beginning. The power of summoning the Assembly and proroguing is, according to Resolution moved by me and according to the report, to be vested in the President. As already stated, under the Government of India Act, as adapted, for the moment it rests with the Gove...

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8.85.56
Secondly, there is no unity of the Crown at all in the new Commonwealth. The theoretical basis on which the British Commonwealth was founded was that there was one King and all the different legislatures, different Governments and different courts throughout the British Commonwealth spoke and acted in the name of the King. Hereafter in this Com...
8.85.59
I submit, therefore that this Commonwealth is an entirely new conception and no one need be under the impression that the old British Commonwealth is only being projected in another form.

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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: ...
4.27.104
As regards Clause (b), there is a restriction imposed by the Government of India Act as regards jurisdiction in revenue matters. This is only done as a matter of history. This amendment recognizes the principle that even revenue matters are subject to law. As regards Clause (c)--General  superintendence, the High Courts will have superintendenc...

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8.97.95
: I do not understand this objection which is being raised against this article. He wants to build up democracy in this country. We are going to have a government of a type which is more or less on the British model. That being so, nothing need prevent us from following the successful experiment in England. We are not going to have a new experi...
8.97.93
: So far as this Constitution is concerned, as I have said, we have tried to adopt the British model as far as we can, consistently with the conditions in this country, and so the constitutional head of the province-and the President--must be put on the same level as the constitutional head in England. Sir, there are going to be many minorities...

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9.132.245
The third set of amendments which my honourable Friend, Mr. Jaipal Singh, has moved (amendments Nos. 47 and 52) and Mr. Yudhishthir Mishra's amendment No. 46, are to the effect that the Tribes Advisory Council should he miniature senates with power to aid and advise the Governor in all matters falling within the purview of this schedule; there ...
9.132.238
: Mr. President, Sir, I would not have intervened in this debate but for a couple of remarks of my friend Mr. Jaipal Singh. He complained that when some of us who are interested in this problem met at a conference he was not consulted. He will agree that it is not a fair charge. Three times my friend. Mr. Jadubans Sahai from Bihar was sent to i...

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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...
7.67.102
:Mr. Vice-President, Sir, I have only a few submissions to make to the House. As regards amendment No. 607, moved by my honourable Friend, Prof. K. T. Shah, I entirely agree with him that the word `Hindu' used in this section should be widely defined. As a matter of fact, the Hindu Bill which is now before this House in its legislative capacity ...

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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...
8.101.46
    In this connection, it is necessary to remember the position of a constitutional issue. A law is passed affecting, say the liberty of a citizen, which contravenes the Fundamental Rights. In that case, he has the constitutional right straightaway to go either to the Supreme Court or to the High Court. Therefore, in most criminal cases, the ci...

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7.58.143
    Mr. Vice-President, I beg to submit a few considerations. This particular clause which is now before the House is not brought for discussion for the first time. It has been discussed in several committees and at several places before it came to the House. The ground that is now put forward against it is, firstly that it infringes the Fundame...
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 an...

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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...
10.150.148
 It is a verbal amendment which I am prepared to accept.

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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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10.152.223
    That will be decided on or about the 26th of January.
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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10.151.252
Then as regards amendment No. 74 where the honourable Sardar Hukam Singh wants to introduce the Muslims, the Christians, the Sikhs and the Parsees in addition to Anglo-Indians, I am of opinion, Sir, with great respect that the safeguards contemplated by article 299 are not fundamental rights which are attached to very citizen. They are only 'sa...
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.

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8.98.163
      Mr. President, Sir, my honourable friend Mr. Anthony told the House that this section was moved in the interest of those who have been practising on the civil side. I cannot be guilty of being is interested because both criminal and civil litigants have treated me with complete impartiality. We have to consider this question from not only ...
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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11.157.108
: There is no such notification.
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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10.153.317
We have in the preamble, which will come before the House tomorrow, said that the sovereign people of India make this Constitution. The sovereign people are not all the people but the sovereign people of India as one unit acting through its supreme organ, the Constituent Assembly, which is creating the Constitution for the country as a whole. T...
10.153.313
If my honourable Friend, Pandit Kunzru reads the speeches made by the Members of this House and the Finance Minister on the devaluation debate, I am sure he will feel convinced that a situation like the one which is before the country may require wider powers in the Centre of the nature of those that are contained in article 280A. His fears tha...

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7.73.267
 Thank you, Sir.
7.73.275
 We must take cognisance of the fact that India is a religious-minded country. Even while we are talking of a secular State, our mode of thought and life is largely coloured by a religious attitude to life. When Mahatma Gandhi died, the State procession which carried him to the funeral ground ended in religious ceremonies. His ashes were immerse...

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8.93.266
 Well, the whole provision in this amendment is intended to prevent any whittling down of the status or dignity and the powers that they posses. It is essential that in a democracy the judiciary must be there to adjust the differences between citizen and citizen, between State and State and even between the Government of India and the State. If ...
8.93.264
    The amendment moved by Shri T. T. Krishnamachari is necessary, because so far as the financial burden is concerned, it can only be decided by the legislature. After all, the Parliament is responsible for the finances of the country and therefore the salaries, allowances and pensions must receive the approval of the President, viz., the party...

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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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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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8.100.51
    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...
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...

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9.144.5
The meeting has to be held in October. I request the House to adopt the Resolution I have moved.
9.144.44
Order, order.

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8.96.250
As regards the Advocate-General of a province, his position is entirely different. In his own province, naturally being the Advocate-General, he has audience before all the courts in the province. But as regards the other provinces, he has no locus standi as Advocate-General. His locus standi would only be that of an advocate of one High Court ...
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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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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10.149.217
: It is only chargeable on the States.
10.149.199
 :May I read the Statement ....

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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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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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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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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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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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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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