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Speaker

K.M. Munshi

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fundamental rights

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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 ...
9.138.212
     Sir, there are some amendments which I am going to accept. One is No. 405 of Shri Yadubans Sahai asking for addition of the words "and given" after the words "the compensation is to be determined". These words were omitted by a typing mistake. The other amendments that I accept are Nos. 504 and 505 which are verbal in nature. And then I ac...

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7.63.177
The other point that has been raised--of course, it will be dealt with exhaustively by my Honourable friend Dr. Ambedkar when he replies generally--is about the use of the word "backward." There is one point of view which I would like to place before the House. I happen not to belong to the Scheduled Castes; and I am putting that point of view, ...
7.63.172
 The other difficulty was in regard to article 7. The article uses the words "the State". They are almost made into a term of art and apply only to the words "the State" used in Part III, that is for the purpose of Fundamental rights. It has no application to either the Schedule or to the States falling within article 1. Therefore, when the amen...

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3.20.183
Sir, my friend, Mr.Goenka, I think should not have ventured in the region of construction. If you look at clause 13, you will see that is says--     "All persons are equally entitled to freedom of conscience, and the right freely to profess-practise and propagate religion subject to public order, morality or health and to the other provisions of...
3.20.139
It is difficult for me to say, but I am sure "fraud" is fraud all the world over and in all systems of jurisprudence. There is no difference between the two words coercion and undue influence as understood in India and in other countries. There may be little shades of difference but the free India will form its definitions and it may not be diff...

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7.64.170
      In the original clause of this article as drafted the words were—"libel, slander, defamation, sedition or any other matter which offends against decency or morality or undermines the authority or foundations of the State." Here we have omitted the word ‘sedition’. Slander and defamation need not be necessarily connected with a violation of...
7.64.168
     This amendment therefore seeks to use words which properly answer to the implication of the word ‘Sedition’ as understood by the present generation in a democracy and therefore there is no substantial change; the equivocal word ‘sedition’ only is sought to be deleted from the article. Otherwise an erroneous impression would be created that ...

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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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3.18.211
A doubt was raised whether places of public entertainment could be treated as trading establishments. In order to make it clear that places of public entertainment are trading establishments, this amendment has been moved:     3. "That in clause 4, sub-clause (2) (b) substitute the words 'State funds' for public funds'.""Public funds" might be ...
3.18.210
Mr. President, Sir, I move:      1. "That in clause 4 (1) the words 'not discriminate' may be substituted in place of 'make no discrimination'."     It is merely a matter of phraseology.     2. "That in clause 4, sub-clause (2) (a) the following words may be added: 'and places of public entertainment'." 

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3.19.137
This is, all those portions which were omitted in clause 5 by reason of this amendment will be carried into this clause. Then I understand there is another amendment moved with regard to the deletion of the word "reasonable". My third amendment is to the same effect. With regard to the last sub-clause, there was a reference to an amendment that...
3.19.159
 I move that for the words "the equal treatment of the laws" the words "equality before the law" be substituted.

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3.21.116
very rightly said, is not a question of fundamental rights only. It is a question which will have to be decided in future in the setting of the political situation at the time when we finally draft the Constitution. Of course, it is very easy to move an amendment, but we do not know today what is going to be the position of the Union with regar...
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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5.46.144
     : If a school maintains an institution, then if you want to prohibit religious instruction in it, it is an entirely independent subject. It is not covered by this clause. This clause only covers institutions which are recognized and State-aided. I see no reason why this part must be held up till the other one is decided. That other one was ...
5.46.142
     The object of this clause is not to fetter the State from putting up religious schools but from in insisting that every student shall be compelled to undergo religious instruction. This matter came up again and again and the Committee always held that it was not necessary to put down in fundamental rights the converse proposition. If the co...

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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...
2.15.139
The change my amendment seeks to, effect is this:     In paragraph 4, between the words "three months" and the word "and" add the words "from the date of this Resolution". Then again, after the word “time” substitute a comma for the full stop and add the words "but shall submit an interim report on Fundamental Rights within six weeks and an inte...

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8.106.35
Now I come to the other part of criticism. And, that is the argument that this provision whittles down or takes away what is called provincial autonomy. This argument has the knack of appearing again and again in respect of almost every article, and I think it is high time that those honourable Members of the House who put it forward reconcile ...
8.106.36
With regard to the precedent, reference has already been made to section 19 of the Dominion Elections Act of Canada. This Act lays down that for the whole of Canada, a Chief Electoral Officer, not a Commission as we have envisaged, will superintend, control and direct all elections. His tenure of office is exactly the same as we have adopted he...

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1.10.96
The Advisory Committee's functions have been set out in detail in Rule 23-A.     "It shall be the exclusive function of the Advisory Committee referred to in paragraphs 19 and 20 of the Statement to initiate and consider proposals and to make a report to the Assembly upon fundamental rights, clauses for the protection of minorities and the admi...
1.10.97
The function of the Advisory Committee is to deal with the specific matters in view of India as a whole, as also in view of the provincial difficulties. And therefore according to Rule 20 they have to be considered by the Union Assembly when it meets.

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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...

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5.43.126
Another reason is this, and I might mention that that reason is based on the decisions which have already been taken by this House. The distinction between Hindu Community other than Scheduled Castes and the Scheduled Castes is the barrier of untouchability. Now, by the Fundamental. Rights which we have accepted, untouchability is prohibited by ...

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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...

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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 chang...

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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...

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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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