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

Naziruddin Ahmad

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6.47.283
I further beg to move-     "That in sub-rule (2) of the proposed rule 38-L and in the proposed rules 38-N, 38-0, 38-P, 38-Q, 38-R, 38-S and 38-T, for the word Constitution, Wherever it occurs, the words 'Draft Constitution' be substituted."
6.47.269
I think, Sir, this amendment should be accepted for obvious reasons.

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9.143.175
     I submit that these additions which have been made in the Civil Procedure Code would have been applicable to a Court situated far away. So this cumbersome procedure was abrogated by the Amendment Act of 1941. No reference at all would therefore be necessary to the Code of Civil Procedure, because the rules of Civil Procedure relating to ap...
9.143.129
      The context where this occurs says 'make such order as is necessary'. I wish to make it 'as it may consider necessary'. This is the proper form. With regard to the large amendment moved by Dr. Ambedkar my difficulty is, that there have been slight changes in the new draft which has been circulated and then again in moving sub-clause (4) of...

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7.61.33
I realise the force of this submission. But, am I to understand that this will not be moved?
7.61.139
Sir, I move:     "That in the proposed rule 38-W, for the words `any person for the time being presiding over the Assembly' the words `the Chairman' be substituted."

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9.132.64
Sir, I beg to move:"That in amendment No. 20 of List I (Seventh Week), in clause (a) of sub-paragraph (3) of paragraph 4 of the proposed Fifth Schedule, for the word 'Council' the words 'the Tribes Advisory Council' be substituted."
9.132.67
Sir, I then move:"That in amendment No. 20 of List I (Seventh Week), in sub-paragraph (1) of paragraph 5 of the proposed Fifth Schedule, for the words 'any particular Act Parliament or of the Legislature of the State' the words 'any particular existing law or any law that may be passed by the Parliament or by the Legislature of the State be sub...

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11.156.312
    Clause (1) of article 185 as it stands, says: "At any sitting of the Legislative Council of a State.............etc., etc." The words "of a State" are attempted to be deleted by the Drafting Committee. I submit that this expression "the Legislative Council of a State" has been used in various other contexts, and this amendment is a last-minu...
11.156.282
     : Sir, I beg to move :     "That in amendment No. 455 of List II, in clause (2) of article 114, for the words 'whether an amendment is inadmissible' (proposed to be substituted) the words 'as to the admissibility of the amendment' be substituted."

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9.127.208
     Sir, I beg to move:      "That in amendment No. 15 of List I (Sixth week) in the proposed entry 40 of List I ,     "the words 'and the Delhi University and any other institution declared by Parliament by law to be an institution of national importance' the deleted."'
9.127.103
     : The honourable Member has not heard me. What about offences committed against the law of nations, which is neither on land, nor on high seas, nor in the air, but in the low seas?

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9.137.261
I submit that compensation should be full, fair, just or adequate. If we do not state it, these will be serious mischief committed against private property. If we do not respect private property all talk of fundamental or constitutional rights will come to naught. We have already passed article 13 where in sub-clause (f) of clause (1) it is sai...
9.137.264
Coming to the vital matter which lies concealed behind these amendments is the question of the abolition of the zamindari. Somehow or other some persons think that zamindari property is no property at all and they should be expropriated without any mercy or compensation on the absurd ground that it would be for the benefit of the public, as if ...

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7.74.332
     So long as it is rejected, it does not matter how it is rejected. (Amendments Nos. 1256 and 1257 were not moved.)
7.74.81
     Mr. Vice-President, Sir, I beg to move:     "That in clause (4) of article 50, for the words 'date on which', the words 'time when' be substituted."

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7.80.147
     With regard to the interjection of my honourable Friend, Mr. Ananthasayanam Ayyangar, he has pointed out that it is not actually merging the State in the Governor's province but that is to be treated only "as if" it is part of a Governor's province. I fail to see any real or practical distinction or difference between the two, though there...
7.80.156
    Of course so, but every Member has the right to speak.

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10.152.38
     I also suggest that before the Draft Constitution is sent to the press, a cyclostyled copy may be prepared and sent to those Members who are anxious to have it. I believe there would be only half a dozen Members who would be interested in it. But I do not mean to say that the privilege need be confined only to those members only. The cyclos...
10.152.37
     While I sympathise with the Drafting Committee for the high pressure at which they are working, I must at the same time point out that there is a feeling in this House that the Committee is behind time table--hopelessly behind time table from beginning to end. All this congestion of work is due to frequent changes of mind by the Drafting Co...

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10.149.72
Coming to the pay of Supreme Court Judges, we are going to have Independence from the 26th January. (A Member: We are independent already.) We are not yet independent. We are still attached to the apron of the Anglo American bloc. We have no real liberty, no real freedom. On the attainment of the so-called Independence, the Federal Court will b...
10.149.71
: That is a high standard which is not practicable in our life. The honourable Member who interrupted me would not be willing to give up his own income. I submit that this income-tax will have to be taken into account. Minus the income-tax, the pay becomes very small, and then again on account of the depreciated value of the rupee, they get rea...

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9.125.79
    'You are our masters, but absolutely insincere." The oath is of that kind, I would like to know whether the word 'sincere' is inapplicable to a Minister of Free India. I know that Ministers have got to be diplomatic; they have got to be clever; but I never thought that diplomacy which would be required of a Minister would preclude him from b...
9.125.78
  My first amendment would raise a very important constitutional question namely whether the Ministers, as apart from Members, are required to be sincere or insincere. The House will be pleased to note that there are eight Forms of Declarations. With regard to Ministers of the Union, there are two Forms, I and II. The first relates to oath of of...

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9.116.67
With regard to this amendment, the first part, the body of the proposed article 6 is more or less verbal, but the proviso is new and I have suggested it simply to obviate the difficulties which would attend to the amendment of the Constitution itself. We are providing some rules of citizenship in the Constitution. By article 6 we authorize the P...
9.116.50
I submit, Sir, that in the context of article 5-A as proposed by Dr. Ambedkar, the word "now" is extremely ambiguous. It is at any rate unprecise. if the words "territory now included in Pakistan" are used, we do not know to what period of time the word "Now" refers. Does it refer to this date, the date on which this amendment is accepted? Does ...

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9.129.41
   Sir, the original item 79 deals with stock exchanges and futures market and taxes other than stamp duties on transactions therein. Stamp duties are leviable by the Province on sales within their jurisdiction. The shares and stocks and securities are also liable to the payment of stamp duties on their sale price. As all stamp duties on sales a...
9.129.248
: Never.

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8.87.286
As regards the amendment moved by Mr. Jaspat Roy Kapoor, I think it should be accepted. He wants to insert the words 'or' any committee thereof' in clause (4) after the words 'a House of Parliament'. These words are there in clause (2). This is a vital clause. The rights and privileges of Members should not be left to be ascertained from next-b...
8.87.228
Clause (1) of article 83 deals with various disqualifications for being a member of either House. Sub-clause (b) deals with the ordinary well-known classes of disqualifications. Sub-clause (e) which I seek to delete is to this effect :"If he is so disqualified by or under any law made by Parliament."

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7.70.77
Sir, the original article tries to confer powers on any other Courts, powers which may be exercised by the Supreme Court, under clause (1). As we have already stated in this clause, Parliament may by law empower any other Court. The words "any other court" indicates that this is a supplementary power to be given to other courts, without any prej...
7.70.36
Sir, it is suggested by Mr. Santhanam that the amendment is vague. I submit that it is not vague.

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9.121.20
     Sir, this proviso to the original article 287 empowered the State Legislatures to legislate in the matter of Public Services Commissions. That power has been taken away in the proposed new article 287.
9.121.164
     May I have your permission to defer the general comments when all the amendments are moved?

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9.120.15
   : There are also several other speakers; you may give them a little time each, say two minutes at least.
9.120.19
    : Sir, the request to put the question is very premature.

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9.122.45
    The next amendment which I have moved relates in clause (4) of article 286. This clause relates to appointments reserved for backward classes, in respect of which it says that the Public Service Commission need not be consulted. This again raises a very important question of principle. There is a doubt as to the exact import of clause (4). W...
9.122.57
    I submit that this article authorises a reference to a Public Service Commission of all maters of service relating to local authorities. It is a very necessary provision. The local authorities often appoint persons who are under-qualified, for party or personal reasons. Reference of such cases to the Public Service Commission for their opini...

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7.65.275
     Then the other difficulty is that I have to crave the indulgent attention of the Honourable the Chairman of the Drafting Committee to the point I am raising. I shall restrict my point strictly to the limits of relevancy.
7.65.266
     Sir, clause (1) provides--I am reading only the material part--     "No person shall be subjected to a penalty greater than that which might have been inflicted under the law at the time of the commission of the offence."

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5.42.163
Sir, the amendment is exactly a reproduction of item 22 in List I to the Government of India Act, from which the present item 36 has been taken. It is in substance the same; there is difference in the drafting. The amendment gives complete power to deal with the subject, i.e. to declare a port to be a major port. While the amendment emphasises ...
5.42.189
That has been the custom in drafting these items. In fact these three different sub-items should be separated by equal kinds of stops, but the separating punctuation between the first and the second is a colon. The reader here is suddenly halted. It acts almost like a full stop. But between the second and the third sub-items there is a comma. T...

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10.154.540
: May I point out Sir, that this is not an amendment to another amendment, in which case it would have been barred by the rules, but an amendment "with reference to" some other amendment. Therefore, the amendment is in order.
10.154.206
: Clause (1) says : "Subject to the other provisions of this Constitution, all the laws in force in the territory of India immediately before the commencement of this Constitution shall continue in force therein until..........."

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7.77.106
  It could perhaps be safely assumed that, with the spread of compulsory primary education, lawyers would be literate, and if one is not literate, he cannot be a lawyer. To be a lawyer and also an Advocate, one has to pass certain tests in literacy and common sense. So that if one is not literate he could not be an Advocate and so he could not b...
7.77.110
  I did not express any personal view. I was careful to state that we were indebted to the labours of Mr. Kamath himself for the discovery. In fact, it was he who said yesterday that a Minister had been appointed at a certain place who had been convicted of an offence involving moral turpitude relating to black-marketing. So such an event is con...

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7.78.155
     In making the suggestion about Journalism, Commerce, Industry and Law, I took them from a suggestion made by a few learned lawyers who considered the Draft Constitution in the "Indian Law Review" of Calcutta. It is a quarterly journal. It is in volume 2 at page 9 onwards. There, with regard to this very clause of this article, they have su...
7.78.87
     Sir, I beg to move:     "That in amendment No. 1369 of the List of Amendments, in sub-clause (a) of the proposed clause (1) of article 67, for the words 'twelve members' the words 'not more than 6 per cent of the total number of members of the House' be substituted."

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11.165.42
    It is not called an Amendment Act at all, it has got a different name.
11.165.38
   That may be, but that is another matter.

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7.56.63
I won't take more than one minute, Sir.
7.56.128
I submit, Sir, that by providing that these rights shall not be justiciable, this Article has been sufficiently weakened, and by again putting in the words "shall strive" to promote the welfare of the people, the Article has been still further weakened. I submit, Sir, that if these rights are to be introduced in the Constitution, they should be ...

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7.54.60
Sir, in introducing this amendment, I should submit that many points are involved in this. The two Articles, Articles 2 and 3, are to a certain extent overlapping. In Article 3 there are certain redundancies, and there are one or two minor gaps. I shall deal with them just now. An analysis of Article 2 shows that Parliament may admit into the U...
7.54.37
Sir, I submit this raises an important question of drafting. Honourable Members will find that in the Draft Constitution chapter numbers are not continuous. There are many places where there is no chapter number but there are some cases where are several chapters and they are numbered separately. The result of this is some amount of confusion. ...

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7.72.94
This amendment really combines the purpose of amendments Nos. 1081 and 1083. Amendment No. 1081 tabled by Dr. Ambedkar wanted to get rid of the first part of the Explanation. Amendment No. 1083 which stood originally in my name really wanted to effect certain important verbal changes in the latter part of the Explanation and the amendment which...
7.72.203
By this proviso, the President shall continue in office, notwithstanding the expiration of his normal term of his office, till his successor enters upon his office. I want to make the proviso to apply when he resigns before his normal term expires. This amendment is practically a drafting amendment worthy of consideration,

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8.88.190
: There would be a difference in actual practice.
8.88.45
During the debate the three distinguished honourable Members of the House said nothing about the status of the Leader of the Opposition. I am glad that none of them questioned the need of an organised opposition.

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9.135.54
 I think no purpose will be gained by introducing this imposing expression "security of the State". At this expression everyone will jump up and cry out---"security of State, security of State, security of State". I submit that if the security of India would be seriously affected by giving an officer opportunity to show cause, if the security of...
9.135.53
The expression "security of the State" which is so dear to the heart of everyone is a much exploited expression and has been needlessly over-emphasised in proviso (c). I quite concede the need for ensuring the security of the State. But I utterly fail to see how, when a Government officer is reduced or dismissed, any opportunity given to him to ...

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9.126.103
: Then, why not use the word "enquiry" ? The word "investigation" has acquired a very definite meaning. Why use a word 'which has acquired another meaning?
9.126.15
: With regard to most Members, they will not be able to come to an understanding. I do not think I can come to such an understanding. The difficulty is that we have not been able to fully consider the amendments. Most Members are in the happy position that they have not read the amendments and have not noted their significance. I am not in that...

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9.141.85
I also move :"That in amendment No. 1 of List I (Eighth Week), sub-clause (b) of clause (3) of the proposed new article 15A be deleted."
9.141.89
The need for such a provision is this. Although there are similar provisions in the Criminal Procedure Code, we must insert fool-proof provisions in the Constitution so as to make it impossible for a Legislature to change those salutary provisions. Therefore it is very necessary that the Constitution should be particularly careful about limiting...

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7.63.120
 I have a preliminary matter. This contravenes some amendment which has already been accepted. There is in line 3 in amendment No. 82 the expression "any State." We have accepted the expression "the State."
7.63.28
 The only reason for suggesting this amendment is that it is more direction form.

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9.138.406
      I submit, Sir that we have not been taking into consideration what is compendiously described as the non-Hindi areas. It will not do to say that some Members have entered into a compromise, into an agreement. That agreement will not be binding on the people, and people will not accept it. I submit that in a matter like this, we should proc...
9.138.79
     : It has even been maintained that zamindari is no property.

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9.110.132
: As the honourable Member himself has on a previous occasion said, this Constitution would be the lawyers' heaven. Speaking from experience, I think that this proviso will lead to much legal battle, and lawyers alone will be benefited by this. I wish that the interpretation put forward by Mr. T. T. Krishnamachari is right, but it is not appare...
9.110.123
: Mr. President, Sir, I think that the amendments moved by Dr. Ambedkar constitute startling and revolutionary changes in the Constitution. I submit a radical departure has been made from our own decisions. We took important decisions in this House as to the principles of the Constitution and we adopted certain definite principles and Resolutio...

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7.55.119
I move next:     "That in clause (1) of article 4, for the words `shall contain such provision for', the words `shall also provide for' be substituted."
7.55.117
I submit that the word 'article' need not be repeated as it is done in clause (1) and, in fact in many places in this Draft Constitution.

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7.53.161
Sir, this part really tries to define the words "The States". I submit the word 'The' is a definite article and not a part of the name or nomenclature. Though the word has been used in this context, the word has been used also in other combinations like 'A State' 'Any State' `Every State' and all sorts of States.
7.53.173
Sir, I have moved this amendment after, I believe, taking great risks of having to displease the Honourable Chairman of the Drafting Committee. But I have to submit most respectfully that things which occur to Members should be placed before the House and the opinion of the House should be taken. If I have offended any member by moving.

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9.140.383
 : Sir, acceptance of the closure is entirely in the hands of the President. I want to submit a few words regarding amendment No. 4.
9.140.437
    : I withdraw all my amendments except two, 277 and 282.All the amendments of Mr. Naziruddin Ahmad except 277 and 282 were, by leave of the Assembly, withdrawn.

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7.64.61
Sir, I beg to move:     "That at the end of sub-clause (c) of clause (1) of article 13, the words `for any lawful purpose' be inserted."
7.64.66
So far as Mr. Santhanam is concerned, he does not quarrel with the principle. His contention is that these conditions are sufficiently expressed in the clauses (2), (3), (4), (5) and (6). I shall draw the attention of the House and particularly of Mr. Santhanam to sub-clause (b) of clause (1) of article 13. It gives the right to assemble 'peacea...

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7.58.92
Sir, this article, as has been clearly pointed out by the previous speaker, deals with primary education.
7.58.95
But then if you enlarge the scope of the Government's duty, it will be making it innocuous. I think it would be better to confine it to primary education and that should be a directive principle of the State. I think that is what is meant. The word, if introduced, would, I submit, fill up an obvious lacuna.

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10.153.198
: At nine o'clock.
10.153.9
: I am speaking generally of the agenda today. Most of them reopen matters already decided by the House. It is difficult for anyone, even the fastest brain, to follow these changes. No indication is given as to what changes are to be made.

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8.96.240
So, I submit that this is a necessary Provision, otherwise which I have suggested, and other ancillary difficulties will arise. It is similar to other provisions with regard to all lawyers appearing for the State and there is no reason why this should not be accepted in principle in the case of the Advocate-General. If the principle is accepted...
8.96.244
This provision will cause a lot of inconvenience. I submit, that the tenure of the Advocate-General should not be made dependent on the vagaries of party politics. It is quite likely that the Advocate-General may be engaged in the midst of a prolonged case in which the State may be interested. His removal, all of a sudden, will prejudice the in...

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9.119.40
Sir, I beg to move:     "That 'medicine, engineering and commerce' be inserted in clause (5)."
9.119.169
    I submit this is a purely formal amendment. Clause (b) says 'Estate duty in respect of property......' To that I want to add "or succession duty". There is a difference between estate duty and succession duty. Estate duty is leviable on the death of a man owning an estate and succession duty is calculated from the point of view of the succes...

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8.89.43
     : For maintaining order.
8.89.27
     In fact, 'No officer or other Member' seem to imply that an officer is a Member of the House. The word 'other' is absolutely misleading. It gives a false impression. The amendment is accepted would make the passage run like this;     "No officer and no Member of Parliament..........." and so forth.

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8.103.3
     Sir, I beg to move:     "That in clause (2) of article 217, for the words 'next succeeding clause', the words, figure and brackets 'clause (3)' and for the words 'preceding clause', the word, figure and brackets 'clause (1)' be substituted respectively."
8.103.240
     Sir, in the welter of amendments moved in the House there are some common points which are of fundamental importance. We have allowed under article 111, appeals in civil cases where substantial question of law is involved, subject to a pecuniary limitation. The question is whether we would be right in putting any limitation on people's life...

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9.113.116
    I wanted Dr. Ambedkar to be forced to take the permission of the Chair to move it.
9.113.114
    It is not an amendment to an amendment it is amendment to the Constitution.

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7.68.13
Sir, the amendment moved by Dr. Ambedkar just now is also to the same effect. I should think that instead of the expression "subject to public order, morality and health" this expression would be better. The expression "ensuring public order etc.," is perhaps better than "subject to public order etc." This type of draftsmanship has been adopted...
7.68.19
:  Sir, I beg to move:"That in clause (c) of article 20, for the words `and immovable property' the words `immovable and incorporeal property' be substituted."

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7.81.145
  Yes, I want to clarify the position.
7.81.166
  I beg to move:     "That in amendment No. 2255 of the List of Amendments, in the proposed first proviso, after the words 'the last preceding census' the words `of which the relevant figures have been published' be inserted."

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5.41.23
 Mr. President, Sir, I beg to move that item 9 be deleted. The reason is that there has been in the past considerable amount of dissatisfaction in the country that we had not freedom as to the use of arms or firearms. There has been tremendous and persistent agitation over this and, it need not be elaborated. Now my amendment is that this shoul...
5.41.47
Then, with regard to the States, from the papers which have been circulated amongst us, we find that the States have acceded subject to important reservations. They have acceded with regard to certain subjects which have been. clearly defined in the Schedule attached to their Agreement. There may be, subjects which are outside the scope of that...

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8.104.57
 Under section 411-A of the Criminal Procedure Code.
8.104.1
Mr. President, Sir, yesterday, I drew the attention of the House to article 112 which we have already accepted. I submit that the acceptance of that article has involved us into a commitment to a policy.

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7.67.177
Sir, there is a printing mistake which I want to point out.
7.67.143
Sir, I do not wish to obstruct the majority in dealing with this amendment in any way they please. I simply suggest that if it is carried, it cannot be put again. It is against the Rules. But I have a way out, which I shall suggest and which will be constitutional. There is a rule, in our Rules, that with the consent of twenty five per cent of t...

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5.38.136
There are also other difficulties. The Honourable Mover of the original motion has explained. I submit respectfully, in a very lucid speech, the whole subject in a masterly way. But the subject itself to extremely technical and involved. It therefore requires very careful consideration by the Members to enable them to fully appreciate the implic...
5.38.135
Then again, it has been pointed out by a speaker this morning that a distinction should be drawn between the Lists applicable to the Provinces and those relating to the States. As the two are jumbled together, it is difficult to distinguish them and try to find out what amendments should be suggested.

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4.34.47
I submit, Sir, these are only drafting amendments and are put in by way of suggestions for the Drafting Committee.
4.34.46
 My other amendment is:     "That in sub-clause (2) of Clause 2 for the words the 'Unit Government', the words 'Unit Governments', be substituted."

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7.57.78
Sir I beg to move that in clause (v) of article 31, for the word "abused" the word "exploited", and for the words" economic necessity" the word "want" be substituted.
7.57.80
No, Sir.

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10.150.322
The amendments which have been accepted. We have had no time to consider them.
10.150.341
Our rules provide for that. If the Drafting Committee has got such enormous powers to make changes.....................

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7.82.45
     I feel that arguments which I may advance should be listened to by at least one Member upon whom so much rests, but with the lapse of time and experience one has to grow a little indifferent to the effect his speeches really produce in the House. In fact, I find that Dr. Ambedkar is engaged in a very much more important conference, a subje...
7.82.44
     Sir, I have brought this amendment to make this clause similar to a corresponding clause which appears in the provincial constitution. The House may be pleased to consider article 145. In article 145 there is provision for an Advocate-General for the State.

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9.114.40
  My honourable Friend Shri Brajeshwar Prasad has raised a very important point, that articles which are related to one another logically should be put before the House in one lot. Instead of that we are being given things in a piecemeal fashion. The Drafting Committee treats us as if they are magicians and we are the spectators; they give one s...
9.114.45
   The point is this, Unless he replies to the debate, which he does not usually do, the result will be, as it has been, that any refusal on his part to consider the amendment will be accepted by the House and amendment will be lost.  So, in order to make the debate effective, I think Dr. Ambedkar should listen to it. There is of course no power...

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5.40.25
 Mr. President, Sir, I certainly support the spirit of item No. 2, namely, that the Centre should have power for requisitioning land for its own purposes, but I should submit that the clause is unnecessary. It has been fully covered by item No. 1. There is a great distinction between 'acquisition' of land, which is taking complete title, and 'r...
5.40.50
 Mr. President, Sir. I should submit that I heartily desire that all the States should accede to the fullest extent possible so that they should be treated exactly as the Provinces. But for that purpose I think we should proceed in a legal and constitutional manner. I believe that the States have acceded on three broad matters Defence, Foreign ...

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9.111.162
I submit that these words are not only unnecessary but somewhat misleading. In article 247 there are certain important clauses. Clause (a) defines "Finance Commission." I submit that Finance Commission is a precise expression. It has only one meaning and it has been used throughout the Constitution in that specific clear meaning. In clause (b) ...
9.111.2
Then coming to proposed article 278-A sub-clause (a) and (b) of clause (1) are new. Clause (a) is new and (b) is consequential. The new point which has been introduced is also revolutionary. Instead of allowing the Provincial Legislatures to have their say on the emergency legislation and thereby giving the Provincial Assemblies an opportunity ...

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5.39.116
Unfortunately, that packet was sent to my address in the Constitution House where I was during the last Session. I have since shifted to the Western Court. In spite of repeated letters and messengers to the Constitution House I have failed to recover the packet.
5.39.114
In these circumstances, I ask for a ruling as to whether the first report is before the House by reason only of the fact that the Honourable Member, in a qualified manner said that it may also be referred to. I submit that it could be taken into consideration by way of argument in an incidental manner and not as a substantive Report properly bef...

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9.118.143
     In those circumstances, as is now admitted there is no urgency about clause 4. This clause-the most debated one-should be withdrawn. It has received Opposition from different sections of the House and I believe even those honourable Members who are not taking part in the debate are mentally not satisfied with the justice or propriety of thi...
9.118.138
     : Mr. Vice-President, Sir, this House has been treated to a number of shocks, but this is the rudest shock that I have so far experienced. This Bill has raised all this controversy because it has mixed up two independent points--one good and the other thoroughly bad. So far as evacuee property clauses are concerned, nothing need be said. ...

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8.97.176
: But, Sir, in the corresponding provision to the Central Legislature-the Parliament-the provision is that for the House of the People-the Lower House-the age limit would be twenty-five and for the Legislative Council not less than thirty-five. But as it is printed and circulated.
8.97.282
I move the second part only. This amendment has been twice lost in another connection, but I still venture to submit it for the reconsideration of the House so that the other context may be reconsidered by the Drafting Committee. The article provides that if the Deputy Chairman or the Chairman of the Council loses his seat or so often as the of...

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8.86.41
In these High Courts which are not situated in Presidency towns, there are no such Small Cause Courts. With regard to Presidency town, the Small Cause Courts have also some limit to their pecuniary jurisdiction. It may be that the order for costs may be a sum exceeding the pecuniary jurisdiction of these Courts in the Presidency towns. These ar...
8.86.76
: No, Sir. It is not of a drafting nature.

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10.151.451
 : It is now clear that Mr. T. T. Krishnamachari is merely a conduit pipe. After all, he has taken the responsibility of explaining the matter. He has explained that the word State really means an Indian State and does not mean a province. In the new state of affairs, a State also includes a province. What is meant probably is a State mentioned...
10.151.361
 Some of the Members including my humble self find it difficult to follow these changes of mind. When clause (2) of article 149 was there, then article 289-B should not have been passed : we should have passed immediately another amendment just to remove mere duplication. So far as the present amendments are concerned they have been circulated ...

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7.66.262
    Sir, I move:     "That in clause (1) of article 19, for the words `are equally entitled to freedom of conscience and the right', the words `shall have the right' be substituted."
7.66.263
     It is almost a verbal amendment.

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9.123.100
: Every truthful statement in this connection is certainly relevant.
9.123.166
: In fact, if the honourable Member's speech was relevant a reply would also be relevant: but if you think that they are absolutely irrelevant, then I have nothing to say at all. They only point I wanted to submit was that a few of the sentiments given expression to in this House should be objected to. I must make my position perfectly clear. I...

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9.128.390
     : Yes, Sir, the difficulty was that I brought the amendment yesterday afternoon ready in my pocket, but forgot to deliver it to the office.
9.128.23
      : Though my amendment No. 167 will improve the text, I do not want to move it.                                                (Amendment No. 254 was not moved.)

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4.27.58
I beg to support the amendment. Sir, in the speeches delivered here in this connection, one aspect of the thing has not been mentioned. It is that in some cases legislation may be ultra vires irregular or illegal in some respects. In such cases, the Minister who has sponsored such legislation may himself desire to reconsider the matter. A provi...
4.27.33
Sir, I submit that this clause would be necessary to remove technical difficulties at the time of the drafting. We have introduced some new amendments in this House, without perhaps much notice. It is, therefore, just possible that there may be gaps here and there, I mean, unintentional gaps or technical difficulties. So at the time of drafting...

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9.136.223
: On a point of order, are we considering the item as in the List or are we considering a proposal for taxation?
9.136.154
: Can have an assurance as to when these are coming up?

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7.79.70
     I beg to move:     "That in sub-clause (c) of clause (5) of article 67, for the words 'last preceding census', the words 'last preceding census of which the relevant figures have been published' be substituted."
7.79.71
     This is the form in which another similar amendment was found to be acceptable to the honourable Member, Dr. Ambedkar. This matter has already been discussed in the House and the principle has already been accepted in another context, namely, that if we have to depend upon a census, it must be a census of which the figures are available. We...

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8.94.143
: Sir, article 42 is in another context.
8.94.141
My objection is to the expression "transfer to the Governor any functions." I submit that functions really adhere to certain offices and functions are never transferred. All that you can do is to empower certain other persons to exercise certain functions of powers attached to a particular office. 'Function' as has been defined in Murray's Oxfo...

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11.157.2
: I have a point of order. After the revised Draft Constitution was available to us, a large number of corrections in the shape of list of corrigenda was supplied--that is List No. 1, and as I understand the Constitution as it was accepted by the House for preliminary purposes, the revised draft was accepted subjected to corrections in List No....
11.157.4
: No. I am extremely grateful to the Drafting Committee for doing me this honour.

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9.107.137
      : I was trying to show how this unsatisfactory state, of affairs in today's amendment arose.
9.107.139
      : The draft provided that the number of members of the Legislative Council shall never be more than 25 per cent and never less than 40. The anomaly was this that in article 149 which we have already passed, in proviso to clause (3) we have provided that the number of members in the Legislative Assembly of a State shall never be more than ...

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9.134.255
     : The members of the Public Service Commission would then have to learn the language of a candidate they want to test.
9.134.331
     : They are coming to us in a scrappy form. In fact, the amendments come in irregular order. The method of the juggler is followed in this respect. In fact, there is no opportunity for Members to see them in their proper light. That is one difficulty. Afternoon sittings would interfere with proper consideration of the amendments. I do not m...

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8.102.89
     Sir, I do not desire to say anything on the merits of this amendment. Experienced experts have differed from certain provisions of this amendment. I however desire to draw the attention of the House to a growing and alarming tendency to introduce new amendments to the Constitution itself.
8.102.92
   I cited these articles by way of illustration only. We are given every day absolutely new ideas. We are faced with amendments which are nothing other than new ideas. I protest against this tendency, which is not a little confusing and inconvenient to Members. It is not easy for all the Members to follow these changes. This is not by way of co...

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7.79.71
     This is the form in which another similar amendment was found to be acceptable to the honourable Member, Dr. Ambedkar. This matter has already been discussed in the House and the principle has already been accepted in another context, namely, that if we have to depend upon a census, it must be a census of which the figures are available. W...
7.79.70
     I beg to move:     "That in sub-clause (c) of clause (5) of article 67, for the words 'last preceding census', the words 'last preceding census of which the relevant figures have been published' be substituted."

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7.73.135
: Mr. Vice-President, we have already decided by accepting certain rules that amendments which are intended to beautify the language of an article will not be allowed. Improving the language is not now one of the objectives of an amendment. Before the amendment was moved, it looked like an imposing amendment, but Dr. Ambedkar has clearly admitt...
7.73.144
: Yes, Sir.

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4.23.236
But we have received them only this morning. Some of us, I understand, got them today on coming to the House.
4.23.234
Sir, I submit that copies of the amendments were received by us only this morning. The matters dealt with are of an extremely difficult and abstruse nature and we have had no sufficient time to consider the amendments. I submit, therefore, that we may please be given at least twenty-four hours' time to go through the amendments and then get read...

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4.32.119
Then again, we have to consider the entry of the States into the Federation, and if we have this in mind, a Second Chamber would be an absolute necessity. Without a Second Chamber it would be difficult to fit in the representatives of the States in the scheme of things.
4.32.118
 Mr. President, Sir, I beg to support the clause as it stands and therefore oppose the motion to omit the Second Chamber. We are going to obtain supreme sovereign powers. We have to deal with foreign and domestic matters of extreme importance. In these circumstances it will be wise for us to have two Houses. A popular House is known for its vita...

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7.60.143
At the time I gave notice of thisamendment I thoughtthat the whole of the article 7 as redrafted by the DraftingCommittee would be moved together. But really only a smallamendment has been moved to the original article 7. What Iwant to do by these amendments is to remove the words - "alllocal and other authorities within the territory ofIndia" f...
7.60.142
Sir, along with this, I desire to move the second partof amendment No. 247 because they are related and may bedisposed of conveniently together. Sir, I beg to move -"That before the words `In this Part' the figures andbrackets `(1)' be inserted and the following new clauseafter clause (1) so framed be inserted: -"(2) The provisions of this Part ...

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7.75.188
: It is not merely verbal. It will change the sense. In fact, my amendment will set up a different authority altogether.
7.75.82
 : Mr. Vice-President, Sir, I beg to move:     "That in proviso (c) of article 56, after the word 'term', the words, 'or resignation or removal as the case may be' be inserted." .

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8.90.148
     : Mr. President, Sir, we are indebted to the Honourable the Prime Minister for has illuminating speech giving a true picture of men of high intellect. You can put no age-limit to men of real worth. Two honourable Members have tried to put the age-limit not only to Judgeship of the Federal court, but to all mental efficiency at sixty. I sub...
8.90.150
     To ask a Supreme Court Judge to take up any position of profit under the Government with the consent of the President would be to introduce a pernicious principle. Judicial officers, especially of the highest rank should never be induced to accept any Government job. When they retire, they should never look up to Government for some sort o...

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8.101.33
One can understand a provision of this kind, namely, a decision which involves the declaration of the validity of an Act. Such questions would involve questions of general importance affecting the public at large. In such circumstances the High Court must transfer the case to itself on the application of the Advocate-General of India or the Advo...
8.101.31
    Then again, supposing the High Court withdraws the case for the interpretation of the Constitution and after its decision it goes back for determination of facts. The trial is resumed and the Court gives its finding on the facts. I would ask what would happen to a man who is dissatisfied with the preliminary judgment of the High Court? Will ...

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9.115.165
 : Amendments Nos. 130 and 131 have been circulated only this morning and we have had no opportunity of considering them. Then if we are to get the consolidated amendment today, there will be no time to suggest amendments which will be in time before the House.
9.115.159
 : Sir, the amendment that has been moved is a last-minute consolidated amendment taken from several amendments in the printed amendments. Though in the profession of law for a very long time, I find it a bit confusing to follow how the scattered amendments have been consolidated and whether any departure has been made in the process. In trying ...

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8.99.209
Mr. President, Sir, I think there is a tempest in a tea pot. The article provides for a very likely and a very ordinary contingency which is likely to happen in Court from day to day. The Draft Constitution will come into operation on a certain date, but before the Draft Constitution comes into operation action will be taken, Bills will be pass...
8.99.88
Amendment No. 37 also relates to that.

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9.108.127
 :May I rise on a point or order, Sir?
9.108.21
 :Sir, I rise to oppose the Amendment moved by Dr. Ambedkar. I do not blame him personally for the Amendment but he has to conform to outside opinion. I submit that this Amendment will frustrate the very object of having a Second Chamber. The avowed object of a Second Chamber is revision and delay. This is often very necessary in a popular Hous...

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7.49.86
Then, I have one or two things to say with regard to another subject. Coming to the directive principles of State policy, articles 28 to 40, I think that these are pious expressions. They have no binding force. These cannot be enforced in a Court of Law and really, as the Honourable the Law Minister himself candidly admitted, they are pious supe...
7.49.85
You would be pleased to find that in Parts VI and XII, "State" means the Provinces. In Part VII, "State" means Chief Commissioners' Provinces. In Part IV "State" means Indian States. In Part III, "State" means a wonderful series of things. By means of article 7, "State" means first of all, the Government of India, secondly it means the Governmen...

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4.22.68
The Mover of the Resolution has appealed to the Members of the Muslim League to be loyal and law-abiding citizens of India. I should have thought that there was no need for any doubt whatever regarding the fact that we have come here as loyal and law-abiding citizens of India. (Applause). I submit with due humility that we have come here to tak...
4.22.67
Secondly, we should have official copies of the May 16 Statement and also of the June 3 Statement. Although everybody has read them, we should like to have official copies of the same. Only then will it be possible for us to proceed in a systematic manner.

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7.62.165
Then, Sir, I have one more word to say in this connection and that is that in line 3 of this clause in the midst of the sentence, the word 'Untouchability' begins with a capital letter. This is a matter for the Drafting Committee.
7.62.163
Sir, I move:     "That for article 11, the following article be substituted:--     '11. No one shall on account of his religion or caste be treated or regarded as an 'untouchable'; and its observance in any form may be made punishable by law.' "

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8.100.56
    The second part of his amendment is that a distinguished jurist also can be appointed as a Judge of the High Court. In fact, we have adopted this in connection with article 103 which I have just mentioned. In sub-clause (c) of clause (3) of article 103 we have provided that a distinguished jurist can be appointed as a Judge of the Supreme Co...
8.100.57
    With regard to the provision for compulsory retirement at sixty, I think this will not be a very good thing. I think longevity and effective age would increase in our country. Judges of the High Courts are not ordinary men. They are selected from the best legal talents and they have to keep in touch with legal literature. I do not think that...

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10.146.100
     As the Ministers appointed by the Governor-General and as they are constitutionally to hold office "during his pleasure", as soon as the office of the Governor-General becomes defunct, he ceases to be subject to any pleasure or pain and therefore the Ministers will no longer continue to hold office during his pleasure. Somebody else's pleas...
10.146.99
     Mr. President, Sir, the point, though a very short one, raises a question of constitutional form. I think when the Governor- General ceases to function and a new President comes to take his place, the Ministers should vacate and should be reappointed. This seems to follow logically from first principles. The first reason is that the existin...

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9.112.158
Sir, I shall discuss the amendment purely on a statistical basis. Speaking, of pre-partition figures, the salt tax brought to the Central Government nine crores of rupees per annum. That amounted, on a pre-partition basis, to a tax of three annas per head per year, i.e. three pies per month per head, which actually works out at one tenth of a p...
9.112.157
 : Mr. President, Sir, I wish to confine my remarks to the deletion of clause (1) of article 253, to the effect that no duties on salt shall be levied by the Union. The amendment of Mr. Mahavir Tyagi seeks to delete it and I desire to support his amendment. I may inform the House-as they will find from the printed blue book of amendments -that ...

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7.71.147
    I beg to move:     "That for sub-clause (a) of clause (3) of article 42, the following be substituted:'(a) be deemed to authorise or empower the President to exercise any power or perform any function which by any existing law is exercisable or performable by the Government of any State or by any other authority; or' "
7.71.148
    Sir, I beg to submit that this amendment will have an effect quite contrary to some of the amendments which have been moved by Prof. K. T. Shah. It purports to limit the power of the President in this way that, if any power is specifically exercisable by any State or any local authority, the President will not be empowered to exercise those ...

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8.105.18
: Mr. President, Sir, I beg to move:     "That in article 270, the words 'the Dominion of' be deleted."
8.105.19
The word 'Dominion' is applicable to India as it is constituted today. In the new set-up of things which is being drawn by this Consititution the word 'Dominion' or the idea of any Dominion would be repugnant to our Constitution. That is why I have sought the deletion of this. If the deletion is accepted the passage will run thus namely "the Go...

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7.69.5
Mr. Vice-President, Sir, I beg to move--     "That with reference to amendment No. 678 of the List of Amendments, in clause (1) of article 23, for the words  "residing in the territory of India or any part there of" the words "residing in any part of the territory of India" be substituted.”
7.69.6
 Sir, the text says: 'a section of the citizens residing in the territory of India or any part thereof'. The expression 'or any part thereof' implies, if the passage is fully written out 'a section of the citizens residing in the whole of the territory of India or any part thereof.' I submit that no part of the citizens can reside in the 'whole'...

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9.117.152
: All my amendments may be considered by the Drafting Committee.
9.117.150
: No reply has been given to this, but I do not press it.The amendment was, by leave of the Assembly, withdrawn.

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4.25.134
Mr. President, Sir we are asked in short to agree to a Schedule that is not in existence. One of the speakers has pointed out that the Schedule will be on the lines of the Instrument of Instructions to follow. But the Note, to the clause if I may be permitted to refer to it merely says that the Schedule will take the place of the Instrument of ...

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5.43.26
Also not moving.

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7.76.3
 : Sir, on a point of order. Is an adjournment motion in this House permissible?

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8.106.26
: Mr. President, Sir, I have come here to support this article. At the beginning when I came to this Assembly for the first time, I thought that the Provinces should be made strong and the Centre to that extent must yield. But after a considerable amount of experience and on prolonged consideration of what is happening in the Provinces and in t...

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9.130.46
: Sir, I am not moving my amendment No. 242, for reasons of economy of time.

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9.133.140
     : Amendment No. 195. This is a drafting amendment. I have explained the purport of this amendment in connection with the Fifth Schedule. I would only like that it should be considered by the Drafting Committee.

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7.83.4
     I also think that the resolution requires some amendments. If it is moved from the Chair, it will be impossible for us to suggest any amendments or even to discuss the same. I have already suggested to Sir B. N. Rau some amendments. In the circumstances it would be far better to allow some Minister to move the Resolution so that we can have...
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