Constituent                                                           Assembly                                                           OF INDIA                                                           Debates                                                           (Proceedings)-                                                            Volume VII                                                           
                                                                                                                      
Saturday,                                                           the 6th November 1948
                                                               The                                                           Constituent Assembly                                                           of India met in the                                                           Constitution Hall, New                                                           Delhi, at Ten of the                                                           Clock, Mr.                                                           Vice-President (Dr. H.                                                           C. Mookherjee) in the                                                           Chair.
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MOTION                                                                                                                      RE DRAFT CONSTITUTION-(contd.)
                                                               Shri                                                           Arun Chandra Guha                                                           (West Bengal:                                                           General): Mr.                                                           Vice-President,                                                           Sir, we are assembled                                                           here to give final                                                           touch to the first                                                           Constitution of Free                                                           India. It is a very                                                           significant moment of                                                           our life and in this                                                           moment I cannot but                                                           recollect the past,                                                           the years of trouble                                                           and struggle that we                                                           have passed through.                                                           We have lost many                                                           comrades; the whole                                                           nation has undergone                                                           many troubles and                                                           sacrifices. When we                                                           are assembled here to                                                           give shape to our                                                           future destiny and our                                                           future constitution, I                                                           must bow down to the                                                           memories of those who                                                           have left us in the                                                           course of the long                                                           years of struggle that                                                           we have passed                                                           through,--                                                           Surendranath Banerjea,                                                           Lajpat Rai, Motilal                                                           Nehru, Deshbandhu                                                           Chittaranjan,                                                           and many others who                                                           have led us in the                                                           struggle and last by                                                           Mahatma Gandhi the                                                           Father of the Nation.                                                           And in our intimate                                                           circle, particularly                                                           in Bengal, we have                                                           also our friends who                                                           have led us through                                                           all the struggle, less                                                           known to the public,                                                           but not less devoted                                                           to the cause, not less                                                           honest and sincere in                                                           their ardent desire                                                           for freeing the                                                           country. Coming as I                                                           do from the circle of                                                           workers who have been                                                           through the struggle                                                           for more than four                                                           decades, Sir, I cannot                                                           but recollect at least                                                           the names of some --                                                           Jatindra Nath Mookerji,                                                           Swamy Prajnananda                                                           Saraswati,                                                           Surya Sen, Bhagat                                                           Singh and others. They                                                           have also served the                                                           cause, though they are                                                           not so widely known--                                                           they have also                                                           contributed to the                                                           cause.
                                                               Now                                                           to the Draft                                                           Constitution. I am                                                           afraid the Drafting                                                           Committee has gone                                                           beyond the terms. I am                                                           afraid the whole                                                           constitution that has                                                           been laid before us                                                           has gone beyond the                                                           main principles laid                                                           down by the                                                           Constituent Assembly.                                                           In the whole Draft                                                           Constitution we see no                                                           trace of Congress                                                           outlook, no trace of                                                           Gandhian social and                                                           political outlook. The                                                           learned Dr. Ambedkar                                                           in his long and                                                           learned speech has                                                           found no occasion to                                                           refer to Gandhiji or                                                           to the Congress. It is                                                           not surprising,                                                           because I feel the                                                           whole Constitution                                                           lacks in Congress                                                           ideal and Congress                                                           ideology particularly.                                                           When we are going to                                                           frame a constitution,                                                           it is not only                                                           apolitical structure                                                           that we are going to                                                           frame; it is not only                                                           an administrative                                                           machinery that we are                                                           going to setup; it is                                                           a machinery for the                                                           social and economic                                                           future of the nation.
                                                               I                                                           feel, as for the                                                           economic side, the                                                           Draft Constitution is                                                           almost silent. It is                                                           rather anxious to                                                           safeguard the sanctity                                                           of property; it is                                                           rather anxious to                                                           safeguard the rights                                                           of those who have got                                                           something and it is                                                           silent about those who                                                           are dispossessed and                                                           who have got nothing.                                                           While there is much                                                           about the sanctity of                                                           property and the                                                           inviolability of                                                           property, things such                                                           as right to work,                                                           right to means of                                                           livelihood and right                                                           to leisure etc., have                                                           been left out and                                                           these things should                                                           have been effectively                                                           incorporated, in the                                                           Constitution.
                                                               As                                                           for the Fundamental                                                           Rights, Dr. Ambedkar,--he is a learned                                                           professor and I                                                           acknowledge his                                                           learning and his                                                           ability and I think                                                           the Draft Constitution                                                           is mainly his                                                           handicraft--in his                                                           introductory speech,                                                           he has entered into a                                                           sort of metaphysical                                                           debate. He has                                                           introduced a new term; I                                                           feel, Sir,                                                           there is no right in                                                           the world which is                                                           absolute. Every right                                                           carries with it some                                                           obligation; without                                                           obligation there                                                           cannot be any right.                                                           So it is no use taking                                                           shelter behind the                                                           plea that the                                                           Fundamental Rights                                                           cannot be absolute. I                                                           know these must be                                                           relative; but that does                                                           not mean that the                                                           Fundamental Rights                                                           should be negatived by                                                           putting some provisos.                                                           All the rights that                                                           have been mentioned in                                                           the Fundamental Rights                                                           section have                                                           immediately been                                                           negatived by putting                                                           some provisos and some                                                           subsidiary clauses. It                                                           would have been better                                                           for the Drafting                                                           Committee not to have                                                           provided these                                                           provisons within the                                                           Constitution at all.                                                           Then the future                                                           Government would have                                                           been able to act                                                           freely in framing the                                                           Fundamental                                                           Rights. But now as                                                           these have been                                                           incorporated within                                                           the Constitution it                                                           would be a question of                                                           amending the                                                           Constitution to make                                                           it broad-based. So I                                                           would ask the House                                                           either to put the                                                           Fundamental Rights                                                           rather frankly or to omit the whole chapter                                                           from the Constitution                                                           so that the future                                                           Government may frame                                                           the Fundamental Rights                                                           according to the needs                                                           of the time and not be                                                           handicapped with the                                                           task of amending the                                                           Constitution which has                                                           put some difficulties                                                           in the way.
                                                               Then,                                                           Sir, Dr. Ambedkar has                                                           passed some remarks                                                           about the village                                                           units. We have been in                                                           the Congress for                                                           years. We have been                                                           taught to think of the                                                           village panchayats as                                                           the future basis of                                                           administrative                                                           machinery. The Gandhi                                                           an and the                                                           Congress outlook has                                                           been that the future                                                           constitution of India                                                           would be a pyramidal                                                           structure and its                                                           basis would be the                                                           village panchayats.                                                           According to Dr.                                                           Ambedkar, the                                                           villages have been the                                                           ruination of India,                                                           the villages have been                                                           the den of ignorance.                                                           If that has been the                                                           case now, that is due                                                           to us who have been                                                           living in the towns,                                                           who have been shining                                                           under the foreign                                                           bureaucracy and                                                           foreign rule. Our                                                           villages have been                                                           starved; our villages                                                           have been strangled                                                           deliberately by the                                                           foreign Government;                                                           and the towns-people                                                           have played a willing                                                           tool in this ignoble                                                           task. Resuscitating of                                                           the villages, I think,                                                           should be the first                                                           task of the future                                                           free India. I have                                                           told you, Sir, that we                                                           have been taught                                                           according to the                                                           Gandhi an outlook and                                                           the Congress outlook                                                           that the future                                                           constitution of India                                                           would be a pyramidal                                                           structure based on the                                                           village panchayats.
                                                               I                                                           admit we require a                                                           strong Centre; but                                                           that does not mean                                                           that its limbs should                                                           be weak. We cannot                                                           have a strong Centre                                                           without strong limbs.                                                           If we can build the                                                           whole structure on the                                                           village panchayats, on                                                           the willing                                                           co-operation of the                                                           people, then I feel                                                           the Centre would                                                           automatically become                                                           strong. I yet request                                                           the House that it may                                                           incorporate some                                                           clauses so that                                                           village panchayats may                                                           be allowed to play                                                           some effective part in                                                           the future                                                           administration of the                                                           country.
                                                               Dr.                                                           Ambedkar has posed                                                           before us a question                                                           that they have tried                                                           to put the                                                           constitution on the                                                           basis of provinces, on                                                           the basis of some                                                           political units, on                                                           the basis of the                                                           individual as the                                                           basic unit. The                                                           village should be the                                                           real basis of the                                                           machinery. The                                                           individual is the soul                                                           of the whole                                                           constitution; but the                                                           village should be made                                                           the basis of the                                                           machinery of its                                                           administration.
                                                               Then,                                                           Sir, I would like to                                                           say something about                                                           the language. In the                                                           Draft Constitution it                                                           has been stated that                                                           Hindi and English                                                           should be freely used                                                           in this House, and                                                           other languages can be                                                           used only when the                                                           speaker is unable to                                                           express himself                                                           adequately in either                                                           of these languages, I                                                           feel, Sir, as in the                                                           Soviet Constitution,                                                           we should allow the                                                           eight or nine major                                                           languages of India to                                                           be freely used in this                                                           House. As in the                                                           Soviet Constitution,                                                           by sheer weight of                                                           number the Russian                                                           language has all the                                                           predominance, here                                                           also, Hindi would have                                                           all the predominance                                                           by the sheer weight of                                                           number. There                                                           is no shred of doubt                                                           in the mind of any of                                                           us that Hindi is                                                           destined to be the                                                           national language and                                                           the language of the                                                           State in India; yet                                                           that should not mean                                                           that other languages                                                           which have mighty                                                           literature, mighty                                                           traditions behind them                                                           should not be allowed                                                           to be spoken in this House without the                                                           speaker declaring                                                           himself to be unable                                                           to express himself in                                                           Hindi or English. I                                                           would request that                                                           other languages should                                                           be allowed to be                                                           freely used in this                                                           House.
                                                               Mr.                                                           Vice-President (Dr. H.                                                           C. Mookherjee): Before                                                           I call upon the next                                                           member to address the                                                           House, I have here                                                           forty slips of members                                                           who wish to speak. The                                                           matter is so urgent                                                           and so important that                                                           I should like                                                           everybody to have an                                                           opportunity of airing                                                           his views on the Draft                                                           Constitution. May I                                                           therefore appeal to                                                           the speakers not to                                                           exceed the time                                                           limit which I have                                                           fixed as ten minutes?
                                                               Shri                                                           T. Prakasam: (Madras:                                                           General): Sir, the                                                           Draft Constitution                                                           introduced by Dr.                                                           Ambedkar, the                                                           Honourable Member                                                           in charge, is a very                                                           big document. The                                                           trouble taken by him                                                           and those who are                                                           associated with him                                                           must have been really                                                           very great. My                                                           Honourable friend Mr.                                                           T. T. Krishnamachari                                                           when he was speaking                                                           explained the handicap                                                           under which the                                                           Honourable Dr.                                                           Ambedkar had been                                                           labouring on account                                                           of as many as five or                                                           six members of the                                                           Committee having                                                           dropped out and their                                                           places not having been                                                           filled up. I have been                                                           attending this session                                                           regularly with the                                                           hope and expectation                                                           that the Constitution                                                           that would be evolved                                                           would be one that                                                           would meet with the                                                           wishes and desires of                                                           those who had fought                                                           the battle of freedom                                                           for thirty years, and                                                           who had succeeded in                                                           securing freedom under                                                           the leadership of the                                                           departed Mahatma                                                           Gandhi. I was hoping,                                                           Sir, having seen the                                                           Preamble, that                                                           everything would                                                           follow in regular                                                           course and bring out a                                                           Constitution that will                                                           give food and cloth to                                                           the millions of our                                                           people and also give                                                           education and                                                           protection to all the                                                           people of the land.                                                           But, Sir, to the utter                                                           disappointment of                                                           myself and some of us                                                           who think with me,                                                           this Draft                                                           Constitution has                                                           drifted from point to                                                           point until at last it                                                           has become very                                                           difficult for us to                                                           understand where we                                                           are, where the country                                                           is, where the people                                                           are, what is it that                                                           they are going to                                                           derive out of this                                                           Constitution when it                                                           is put on the statute                                                           book. Now, Sir, when a                                                           Constitution is                                                           drafted, generally,                                                           what is expected of                                                           those who are in                                                           charge of drafting the                                                           Constitution, those                                                           who are in charge of                                                           approving the                                                           constitution as                                                           members of the                                                           Constituent Assembly                                                           is, what are the                                                           conditions in the                                                           country, what is the                                                           situation in the                                                           country, are we doing                                                           all that is necessary                                                           to get over the                                                           troubles in the                                                           country? With that                                                           object, I have been                                                           waiting to learn from                                                           all Members who have                                                           been devoting their                                                           time in explaining the                                                           real position with                                                           regard to this                                                           Constitution. I feel                                                           thankful to some of                                                           those members who have                                                           not forgotten the way                                                           in which the battle of                                                           freedom had been                                                           fought in this country                                                           and how freedom                                                           had been secured. So                                                           far as the drafting of                                                           this Constitution is                                                           concerned, with all                                                           respect to the                                                           Honourable Dr.                                                           Ambedkar, I must say                                                           that he has not been                                                           able to put himself in                                                           the position of those                                                           who had been fighting                                                           for the freedom of                                                           this country for                                                           thirty long years. In                                                           one stroke he                                                           condemned the village                                                           panchayat system. He                                                           has referred to the                                                           remarks of one great                                                           man of those old days                                                           of the British, Mr.                                                           Metcalfe, and the                                                           description given by                                                           him that the village                                                           panchayats existed and                                                           continued, whatever                                                           may have been                                                           happening with regard                                                           to the Government at                                                           the top; whoever may                                                           have come and whoever                                                           may have gone, they                                                           did not concern                                                           themselves. It is not                                                           a matter which should                                                           have been treated by                                                           Dr. Ambedkar in that                                                           manner. That was a                                                           condition to which we                                                           had been reduced,                                                           after the village                                                           panchayats had been                                                           exhausted on account                                                           of the oppression of                                                           the various foreign                                                           rulers who had come                                                           over to this country.                                                           Still in spite of all                                                           that had been done for                                                           their suppression,                                                           they had survived.                                                           That is what Metcalfe                                                           wanted to explain to                                                           the word and to us who                                                           have been ignoring it.                                                           Therefore village                                                           panchayat is not to be                                                           condemned on that                                                           basis. I do not                                                           advocate for one                                                           moment today that                                                           village panchayat                                                           should be such as                                                           described by Metcalfe                                                           under those                                                           circumstances. Village                                                           panchayat should be                                                           one which is                                                           up-to-date, which                                                           gives real power to                                                           rule and to get money                                                           and expend it, in the                                                           hands of the                                                           villagers. I would                                                           like to know what is                                                           this Government that                                                           is being constituted                                                           under this Draft                                                           Constitution. For                                                           whose benefit is this                                                           intended? Is it for                                                           the benefit of a few                                                           people or is it for                                                           the benefit of the                                                           millions of people who                                                           pay taxes? Whether                                                           they have power or not                                                           they pay the taxes                                                           under the vicious                                                           system that had been                                                           established in this                                                           country and under                                                           which we had been                                                           groaning for a hundred                                                           and fifty years and we                                                           tried our best to get                                                           rid of that system.                                                           The British built up a                                                           system in the Centre                                                           and in the provinces                                                           in such a manner that                                                           the tiller of the soil                                                           and the labourer                                                           and other people are                                                           made to pay some tax                                                           or other to enable                                                           this Government to                                                           carry on                                                           administration from                                                           the Fort St. George or                                                           some other Fort and                                                           from this Delhi Centre                                                           or other places. What                                                           becomes of those                                                           millions who pay the                                                           taxes? The money is                                                           taken away under the                                                           British system by                                                           those people who have                                                           been established                                                           here step by step and                                                           the money is brought                                                           here and spent. How                                                           the money is spent the                                                           tax payer does not know                                                           and the tax payer has                                                           been left in the                                                           lurch. He does not                                                           know whether there is                                                           any ruler at all, even                                                           after the                                                           establishment of                                                           freedom by us, because                                                           we are perpetuating                                                           the same system and we                                                           are supposed to be                                                           governing in the name                                                           of King George. The                                                           Governor-General is                                                           appointed by the                                                           British Cabinet and                                                           our currency notes are                                                           being printed with the                                                           head of King George.                                                           To-day, after two years                                                           of establishment of                                                           freedom, we are in                                                           that condition.                                                           Therefore, it is only                                                           right and proper that                                                           this Constituent                                                           Assembly which has                                                           been sent by the                                                           people of this country                                                           should take particular                                                           care to see that this                                                           Draft Constitution of                                                           Dr. Ambedkar is so                                                           amended that it would                                                           really become a                                                           constitution for the                                                           benefit of the masses                                                           and the millions of                                                           people for whose sake                                                           the battles have been                                                           fought by that great                                                           friend who has gone                                                           away leaving us here                                                           to get along with our                                                           work. When he was                                                           alive his system and                                                           his schemes were not                                                           supported by us                                                           wholeheartedly or by                                                           the millions in the                                                           country. If that had                                                           been done, as he said,                                                           within twelve months                                                           we would have                                                           established freedom.                                                           That man of vision was                                                           with us and with all                                                           the betrayal made by                                                           us, he managed to                                                           educate us and keep us                                                           calm and fought all                                                           the battles until he                                                           succeeded and gave us                                                           a scheme for the                                                           construction of the                                                           future Government.                                                           Having been the man                                                           who roused the                                                           millions of people who                                                           had been in ignorance                                                           at the bottom when he                                                           came here and lifted                                                           them up, he made them                                                           understand that you                                                           are all men having                                                           soul force in the same                                                           manner in which I have                                                           got. If you educate                                                           yourself and carry on                                                           my programme, you will                                                           carry out everything                                                           and you will establish                                                           freedom. I myself,                                                           Sir, had a talk with                                                           the great Lala Lajpat                                                           Rai more than forty                                                           five years ago in                                                           England. He was the                                                           earliest of the                                                           sufferers for freedom                                                           and he said:                                                           "Look at the                                                           organization and                                                           discipline and the way                                                           in which people here                                                           conduct themselves.                                                           Can we ever hope to                                                           send away these                                                           British people from                                                           our country and                                                           establish                                                           freedom?" That                                                           was my feeling when I                                                           touched that shore.                                                           Under those                                                           circumstances it was,                                                           that this man Gandhiji                                                           came as a Seer and                                                           lifted us up and I and                                                           many friends here                                                           entered into his                                                           movement and we had                                                           been struggling on all                                                           these thirty years.                                                           The real thing has not                                                           been established. The                                                           British system drowned                                                           us and suppressed the                                                           country and made the                                                           people utterly                                                           helpless. To get rid                                                           of the capitalist                                                           system he introduced                                                           what was called the                                                           constructive Programme                                                           to enable every man                                                           and woman to do his or                                                           her duty and then make                                                           themselves fit for                                                           making sacrifices and                                                           finally to send away                                                           the British. He                                                           succeeded and the                                                           people succeeded. The                                                           must be thanked for                                                           the readiness with                                                           which they flung                                                           themselves into any                                                           ordeal whether it was                                                           one of fire or fire or                                                           one of water. Instead                                                           of having a                                                           Constitution based on                                                           a socialist basis in                                                           the manner in which                                                           Gandhiji had                                                           formulated for thirty                                                           long years, he divided                                                           the whole country into                                                           linguistic areas and                                                           framed the                                                           Constitution for the                                                           Congress and worked                                                           that for thirty years                                                           and it is one account                                                           of that that we won                                                           freedom – that                                                           socialist basis has                                                           all been thrown off                                                           and a capitalist basis                                                           is being introduced.                                                           That for food and                                                           cloth and would ask                                                           Dr. Ambedkar whether                                                           this Constitution                                                           would solve any of                                                           these problems. To my                                                           mind it is not                                                           possible so long as                                                           the capitalist system                                                           of the world is kept                                                           up. You may pass so                                                           many resolutions and                                                           appoint so many                                                           committees to solve                                                           the inflation problem,                                                           but have not been able                                                           to reach that point.                                                           Therefore it is                                                           necessary that this                                                           Constitution must be                                                           amended in such a                                                           manner that the                                                           capitalist monetary                                                           system is not adopted                                                           but a more proper                                                           socialist system of                                                           our own – I don’t                                                           mean to say the                                                           Russian, we had our                                                           own system and we have                                                           had our system which                                                           had been put into                                                           force by Mahatma                                                           Gandhi and worked for                                                           thirty years                                                           successfully. This                                                           type of Draft                                                           Constitution is beyond                                                           my comprehension and I                                                           would appeal earnestly                                                           to Dr. Ambedkar – I                                                           do not blame hid                                                           alone. Dr. Ambedkar                                                           has not been in the                                                           battle-field for                                                           thirty years. He had                                                           not in any way                                                           understood the                                                           significance of this.                                                           He had been attacking                                                           the whole system and                                                           the Programme of                                                           Gandhi and the                                                           Congress all his life                                                           - time…
                                                                                                                          Mr.                                                           Vice-President: Order,                                                           order.
                                                                                                                          Shri                                                           T. Prakasam: If                                                           I should not say so                                                           much – I do not know                                                           – I will obey your                                                           order. The Draft                                                           Constitutions has gone                                                           in a wrong direction                                                           and it requires                                                           amendment very badly.                                                           I may tell the                                                           Honourable Members of                                                           this the same                                                           capitalistic monetary                                                           system is adopted                                                           here, must remember                                                           the same capitalistic                                                           monetary system is                                                           adopted here, we must                                                           remember what happened                                                           to other countries.                                                           The monetary system                                                           adopted by the                                                           capitalist countries                                                           of the world had                                                           proved a failure not                                                           once but twice. After                                                           the first war you have                                                           all seen what was                                                           called the world’s                                                           first economic                                                           distress. Germany had                                                           become bankrupt                                                           England had become                                                           very nearly bankrupt.                                                           Her pound became                                                           equivalent only to                                                           seven shillings in the                                                           foreign market. But                                                           for the gold that was                                                           exported from here by                                                           the kind friends of                                                           our own mercantile                                                           leaders here, the                                                           capitalists, England                                                           also would have become                                                           completely bankrupt.                                                           That is the first                                                           thing. Then the second                                                           economic distress came                                                           upon the world. You                                                           will all remember what                                                           Dalton, the British                                                           Chancellor of the                                                           Exchequer said. He                                                           said that under the                                                           changed conditions the                                                           loss sustained by                                                           Britain on account of                                                           the dollar exchange                                                           business was 13                                                           million dollars every                                                           day. and the whole                                                           system was going to                                                           collapse. If that had                                                           not been prevented by                                                           this Marshall Aid                                                           System they would have                                                           been perhaps in a                                                           worst position. Today                                                           England is suffering                                                           this country into such                                                           an economic condition                                                           by adopting this Draft                                                           Constitution without                                                           making necessary                                                           changes when the                                                           amendment stage comes.                                                           I have been waiting to                                                           see whether any light                                                           would come – whether                                                           any day would come                                                           with regard to these                                                           things. Sometimes I                                                           put myself in                                                           communication with the                                                           Finance Minister who                                                           is not be found here,                                                           with regard to the                                                           monetary system that                                                           should be adopted. (At                                                           this stage Mr.                                                           Vice-President again                                                           rang the bell). Well,                                                           Sir, I stop.
                                                                                                                          Shri                                                           Vishwambhar Dayal                                                           Tripathi (United                                                           Provinces: General):                                                           Sir, I wish to draw                                                           your attention to one                                                           very important matter.                                                           We are discussing a                                                           very important subject                                                           and it will be very                                                           difficult for any one                                                           of us to compress our                                                           ideas in ten minutes.                                                           I would therefore                                                           request you to relax                                                           your rule and to give                                                           us time to express our                                                           ideas freely and                                                           fully. The other day                                                           when we made this                                                           request tot he                                                           Honorable President we                                                           were assured that we                                                           shall have full and                                                           ample time for                                                           discussion. I hope you                                                           will kindly accede to                                                           our request.
                                                                                                                          Mr.                                                           Vice-President: As                                                           a matter of fact                                                           yesterday every                                                           honorable member                                                           exceeded the ten                                                           minutes limit. I am in                                                           the hands of the House                                                           the House: I can give                                                           any amount of time of                                                           time you want. But                                                           after all there must                                                           be some definite rule.
                                                                                                                          Prof.                                                           N. G. Ranga                                                           (Madras: General):                                                           Sir, you have said                                                           that yesterday every                                                           Member was exceeding                                                           the minutes limit. As                                                           an experienced speaker                                                           to be reminded by you                                                           bell that his time is                                                           up. There is                                                           considerable force in                                                           what my Honourable                                                           friend has said,                                                           namely, that it is                                                           impossible for anyone                                                           to develop any point                                                           satisfactorily within                                                           the short space or ten                                                           minutes. It is                                                           necessary, the general                                                           discussion should be                                                           extended by one day                                                           more.
                                                           Mr. Vice-President: Are you prepared to give one day more to the general discussion?Many Honourable Members: Yes.An Hounourable Member: What about those who have already spoken and taken only ten minutes time?
                                                               Dr.                                                           Joseph Alban D'Souza                                                           (Bombay:                                                           General): Mr.                                                           Vice-President, never                                                           before in the annals                                                           of the history of this                                                           great nation, a                                                           history that goes back                                                           to thousands of years has there                                                           ever been, and                                                           probably will there                                                           ever be, greater need                                                           – nay, Sir, I may                                                           even say as much need                                                           – as at this most                                                           vital and momentous                                                           juncture when this                                                           Honourable House will                                                           be considering clause                                                           by clause, article by                                                           article, the Draft                                                           Constitution for a                                                           Free, Sovereign,                                                           Democratic Indian                                                           Republic – as much                                                           need for a quiet and                                                           sincere introspection                                                           into our individual                                                           consciences for the                                                           purpose of giving unto                                                           Caesar what unto                                                           Caesar is due; as much                                                           need for a keen spirit                                                           of fraternal                                                           accommodation and                                                           co-operation whereby                                                           peace, harmony and                                                           goodwill will be the                                                           hall-marks of our                                                           varied existence                                                           individually as well                                                           as collectively; as                                                           much need for                                                           sufficient breadth of                                                           vision so that the                                                           complex and the                                                           difficult problems                                                           that we have to faced                                                           in connection with                                                           this constitutional                                                           set-up may be examined                                                           primarily from the                                                           broader angle of the                                                           prosperity and                                                           progress of the                                                           country as whole; and                                                           lastly, as much need                                                           for and adequately                                                           generous and                                                           altruistic display of                                                           that well-known maxim                                                           "Love thy                                                           neighbour as                                                           thyself", so that                                                           in the higher interest                                                           of the nation as a                                                           whole, sentimental,                                                           emotional, parochial                                                           particularisms may not                                                           be allowed unduly to                                                           influence the                                                           decisions of                                                           fundamental policy                                                           affecting the nation                                                           as a whole.
                                                               It                                                           has been admitted by                                                           several Members –                                                           practically by every                                                           member who has spoken                                                           before me- that the                                                           Draft Constitution is                                                           an excellent piece of                                                           work. May I say that                                                           it is a monumental                                                           piece of work put up                                                           by the Honourable Dr.                                                           Ambedkar and his                                                           Drafting Committee                                                           after months of                                                           laborious work which                                                           may definitely be                                                           qualified as the works                                                           of experts, work which                                                           is comparative,                                                           selective and                                                           efficient in character                                                           right from the                                                           beginning to the end.
                                                               After                                                           these general remarks                                                           on the approach to the                                                           examination of what                                                           the Honourable Mover                                                           in his speech styled                                                           the formidable                                                           document before this                                                           House, which he has                                                           told us is the                                                           bulkiest amongst all                                                           the Constitutions in                                                           the World, containing                                                           315 articles and as                                                           many as eight                                                           Schedules after                                                           indicating to the                                                           Honourable Members of                                                           this fundamental                                                           document, I carve your                                                           permission to refer to                                                           a few items in the                                                           context of the                                                           Constitutions. As a                                                           Member of the Advisory                                                           Committee for Minority                                                           Rights, I have been                                                           and am particularly                                                           interested in the                                                           Justiciable                                                           Fundamental Rights. I                                                           feel at this juncture                                                           that it is my bounden                                                           duty to express my                                                           gratitude in highest                                                           form possible to the                                                           Honourable Sardar                                                           Vallabhhai Patel, the                                                           Chairman of the                                                           Advisory Committee for                                                           the highly                                                           satisfactory and                                                           equitable manner in                                                           which these rights                                                           have been meted out to                                                           the minorities by the                                                           majority party. I feel                                                           sure, Sir, that it is                                                           this satisfactory and                                                           equitable deal that                                                           will make the                                                           minorities cling to                                                           the majority through                                                           thick as well as thin,                                                           Sir, it is my earnest                                                           hope that these rights                                                           as they are laid down                                                           in the Draft                                                           Constitution will not                                                           be permitted to suffer                                                           in any way whatever                                                           during their transit                                                           through this                                                           Honourable House.
                                                               Whilst                                                           I am on the subject of                                                           minority rights, there                                                           is one humble                                                           submission that I                                                           would like to place                                                           before the Honourable Mover of this                                                           Resolution. It is in                                                           connection with                                                           Article 299 of the                                                           Draft Constitution                                                           which says:
                                                               "There shall be Special                                                           Officer for minorities                                                           for the Union ……and a                                                           Special Officer for                                                           minorities for each                                                           State …. who shall                                                           be appointed by the                                                           Governor of the State."
                                                               Necessarily,                                                           Sir, the Special                                                           Officer of the Union                                                           is under the Central                                                           Legislature, but what                                                           I would submit to the                                                           Honourable House is                                                           that some modifying                                                           measure should be                                                           introduced whereby                                                           while the appointment                                                           of the Special Officer                                                           at the Centre is by                                                           the President, in the                                                           nine States it should                                                           also be by the                                                           President. In some way                                                           of other these                                                           officers in the States                                                           should be made                                                           responsible to the                                                           Centre. If that is                                                           done, I dare say work                                                           in the States by these                                                           officers will be done                                                           without fear or favour.                                                           It is a submission                                                           that I make and I make                                                           and I do hope that if                                                           it is in any way                                                           possible a                                                           modification should be                                                           made with the object                                                           of making the Special                                                           Officer in the State                                                           responsible to the                                                           Centre.
                                                               The                                                           other submission is                                                           also on the subject of                                                           minority rights and                                                           deals with the right                                                           to constitutional                                                           remedies in Article                                                           25. Ordinarily, as the                                                           Draft Constitution                                                           stands, only the                                                           Supreme Court will be                                                           dealing with these                                                           cases. But, Sir, I                                                           wish to point out to                                                           this Honourable Houses that most of                                                           the cases will be                                                           concerning the poorer                                                           section and classes of                                                           our citizens,                                                           especially amongst the                                                           masses. There is a                                                           provision made in                                                           sub-clause(3) that                                                           parliament may by law                                                           empower other courts,                                                           it should be done                                                           here, and it would                                                           ease the situation of                                                           the poorer class of                                                           people particularly                                                           the masses, if by                                                           means of modification                                                           something is                                                           introduced straight                                                           away, not                                                           waiting for                                                           parliamentary,                                                           measures of enactions                                                           later on.
                                                               Sir,                                                           the last point I wish                                                           to make naturally                                                           arises from the                                                           suggestions I have                                                           already made with                                                           reference to the                                                           Special Officer for                                                           minority rights being                                                           made responsible to                                                           the Centre. I am sure                                                           the Honourable House                                                           has already made out                                                           that I am for a very                                                           strong Centre. The                                                           Stronger the Centre                                                           the greater will be                                                           the consolidation of                                                           the State services and                                                           State work. The                                                           greater will be the                                                           consolidation of the                                                           State work. The                                                           history of India shows                                                           that for want of                                                           strength in the Centre,                                                           empires have may be                                                           considered a paramount                                                           one and this is what                                                           will have to be done                                                           if we want to maintain                                                           the freedom achieved                                                           after centuries of                                                           foreign domination. A                                                           strong Centre is                                                           absolutely necessary                                                           in order to                                                           consolidate the entire                                                           the three subjects:                                                           Union subject,                                                           Provincial subjects                                                           and the Concurrent                                                           subjects with residual                                                           powers given to the                                                           Centre as indicated in                                                           the Constitution.
                                                               Sir,                                                           I am thankful to you                                                           for giving me the                                                           opportunity of                                                           expressing my views on                                                           this Draft                                                           Constitution.
                                                                                                                          The                                                           Honourable Shri K.                                                           Santhanam                                                           (Madras General): Mr.                                                           Vice-President we have                                                           come to the last and                                                           the most difficult                                                           stage of our work.                                                           While I am anxious                                                           that we finish this                                                           work a expeditiously                                                           as possible, we may                                                           not forget that we are                                                           making the                                                           Constitution of India                                                           and that for mere                                                           speed we should not                                                           sacrifice a proper and                                                           careful consideration                                                           of the provisions                                                           which may affect the                                                           welfare of this                                                           country.
                                                               The                                                           Drafting Committee                                                           have done a good job                                                           of work, but at the                                                           same time I am afraid                                                           they cannot escape two                                                           valid criticisms. The                                                           committee, I have                                                           taken upon themselves                                                           the responsibility of                                                           changing some vital                                                           provisions adopted in                                                           the open House by this                                                           Assembly. They have                                                           also felt themselves                                                           entitled to reject the                                                           report of committees                                                           appointed by the                                                           House. (Hear, hear). I                                                           happen to be a Member                                                           of the Committee which                                                           reported on the future                                                           constitution of Delhi                                                           and the Centrally                                                           administered                                                           Provinces. It is true                                                           that the report of                                                           that Committee was not                                                           discussed in this                                                           House and no decisions                                                           were taken, but I                                                           think the                                                           recommendations of                                                           that Committee were                                                           more entitled to be                                                           embodied in this                                                           Constitution than the                                                           views of the Drafting                                                           Committee. (Hear,                                                           hear). Sir, I shall                                                           not labour the point                                                           and I leave it to the                                                           House to judge when                                                           the clauses come up                                                           which proposals the                                                           House will choose to                                                           accept. But I would                                                           confine myself today                                                           to discuss certain                                                           fundamental principles                                                           which were touched                                                           upon by the Mover of                                                           this Resolution.
                                                               Dr.                                                           Ambedkar rightly                                                           stressed those aspects                                                           of our Constitution                                                           which make for                                                           rigidity and                                                           flexibility and he                                                           claimed that the                                                           Constitution of India                                                           as drafted is more                                                           flexible than the                                                           American Constitution                                                           or other federal                                                           constitutions. But I                                                           venture to suggest                                                           that flexibility is                                                           not always a virtue.                                                           The constitution of                                                           country is like the                                                           human frame; certain                                                           parts of it have to be                                                           rigid in order that                                                           the constitution may                                                           endure; there will                                                           have to be other those                                                           parts which have to be                                                           rigid. I think it is                                                           dangerous to                                                           compromise with                                                           fundamental                                                           principles. We may                                                           think it is expedient                                                           to compromise with                                                           them for the                                                           necessities of the                                                           moment, but once we                                                           compromise on                                                           fundamental principles                                                           that compromise                                                           becomes, a canker in                                                           the Constitution and                                                           will finally destroy                                                           it.
                                                               Sir,                                                           what are the                                                           fundamental principles                                                           which are sought to be                                                           embodied in this                                                           Constitution? First of                                                           all, there is to be a                                                           single, equal and                                                           secular citizenship.                                                           Secondly, there is to                                                           be adult franchise.                                                           Thirdly, it is to be                                                           suggest that we should                                                           examine the provisions                                                           of the Constitution to                                                           see whether every one                                                           of these every one of                                                           these principles has                                                           been embodied to the                                                           fullest extent.
                                                               Take                                                           for instance the                                                           principle of single,                                                           equal and secular                                                           citizenship. These are                                                           said to be protected                                                           by the Fundamental                                                           Rights. But Dr.                                                           Ambedkar himself                                                           admitted that every                                                           one of the Fundamental                                                           Right is subject to                                                           Supreme Court has had                                                           to modify these                                                           Fundamental Rights.                                                           That is quite true.                                                           But even our Supreme                                                           Court will have to                                                           deal with these                                                           Fundamental Rights.                                                           While it was the                                                           function of the                                                           Supreme Court of the                                                           United States of                                                           America to restrict                                                           the scope of the                                                           Fundamental Rights.                                                           That is quite mental                                                           Rights. While it was                                                           the function of the                                                           Supreme Court of the                                                           United States of                                                           America to restrict                                                           the scope of the                                                           Fundamental Rights by                                                           considering the                                                           necessities of the                                                           State, it will be the                                                           duty of the Federal                                                           Court or the Supreme                                                           Court of India to                                                           restrict the scope of                                                           the limitation. For,                                                           if the limitation are                                                           to be interpreted                                                           broadly, the we may as                                                           well omit the Chapter                                                           on Fundamental Rights                                                           altogether.
                                                               Sir,                                                           I think we should                                                           scrutinize these                                                           provisions and see                                                           that the limitations                                                           imposed are as                                                           narrowly and a                                                           strictly defined as                                                           possible, because in                                                           these days of                                                           emergencies and                                                           emergency powers, it                                                           is essential that some                                                           at least of the Civil                                                           liberties of the                                                           people should be                                                           preserved by the                                                           Constitution. It                                                           should not be easy for                                                           the local legislatures                                                           and even the Central                                                           Legislature to take                                                           them away altogether.
                                                               Sir,                                                           there is next the                                                           question of adult                                                           franchise I wish that                                                           we could adopt it as a                                                           principle that it                                                           should be the duty of                                                           the Central Government                                                           to compile and                                                           maintain the Registers                                                           or Rolls of adult                                                           franchise throughout                                                           the country, because                                                           we know that                                                           Provincial Government                                                           and local Governments who modify these                                                           rolls on linguistic                                                           and other secular                                                           considerations are not                                                           unlikely to be a                                                           little lax in the                                                           careful preparation of                                                           these Registers or                                                           Rolls (Hear, hear).                                                           There may be defects.                                                           For instance, there                                                           was an attempt by Madras to                                                           compile a register of                                                           voters. It was all                                                           done in a single day                                                           or two days and there                                                           are complaints that 50                                                           per cent of the voters                                                           of the city have been                                                           left out. In this                                                           particular instance,                                                           there was no motive.                                                           But, administrative                                                           efficiency and                                                           thoroughness in the                                                           compilation of these                                                           Registers was not                                                           observed. Sir, we feel                                                           we could not be too                                                           careful or too                                                           watchful in this                                                           matter. We want every                                                           citizen of India to be                                                           automatically included                                                           in the Register and                                                           his right to be in the                                                           rolls protected, by                                                           all means possible in                                                           the constitution.                                                           Therefore, I would                                                           suggest to this House                                                           that they should consider the                                                           desirability of                                                           placing the                                                           responsibility of                                                           preparing and                                                           maintaining this                                                           Register on the                                                           Central Government                                                           itself. Now the                                                           Central Government has                                                           the responsibility of                                                           taking the census of                                                           India at ten-yearly                                                           intervals. I think we                                                           may create a permanent                                                           machinery which will                                                           not only take the                                                           ten-yearly census, but                                                           also maintain the                                                           Registers of adult                                                           franchise throughout                                                           the country so that                                                           there could be no                                                           complaint about and no                                                           manipulations of these                                                           Registers.
                                                               Sir,                                                           Dr. Ambedkar spoke of                                                           the dual polity. Now                                                           we have got three                                                           Lists – the Federal                                                           list, the Provincial                                                           List and the                                                           Concurrent List. We                                                           have had experience of                                                           the Concurrent List.                                                           It tends to blur the                                                           distinction between                                                           the Centre and the                                                           Provinces. In the                                                           course of time it is                                                           an inevitable                                                           political the                                                           Concurrent List fades                                                           out, because when once                                                           the Central                                                           Legislature takes                                                           jurisdiction over a                                                           particular field of                                                           legislation, the                                                           jurisdiction of the                                                           provincial legislature                                                           goes out. Therefore we                                                           may take it that in                                                           ten years or fifteen                                                           years’ time the                                                           entire Concurrent List                                                           would be transferred                                                           automatically to the                                                           Federal List. We must                                                           reflect whether this                                                           is what we want and                                                           whether this is                                                           desirable. If we do                                                           not want it we will                                                           have to see that the                                                           Concurrent List is                                                           either restricted to                                                           the minimum or define                                                           the scope of the                                                           Central and Provincial                                                           Jurisdiction in regard                                                           to matters mentioned                                                           in that List.
                                                               Then                                                           I come to the question                                                           of the responsible or                                                           cabinet type of                                                           executive. It is of                                                           the utmost importance                                                           in every responsible                                                           government that the                                                           frontiers of                                                           responsibility should                                                           be clear and definite.                                                           There should be no                                                           ambiguity about it.                                                           When once                                                           responsibility is                                                           blurred, the cabinet                                                           type of government is                                                           automatically annulled                                                           and we get near the                                                           presidential type of                                                           government. I do not                                                           myself object to a                                                           presidential type of                                                           government and it may                                                           quite suit the                                                           country. If necessary,                                                           the Centre and the                                                           Provinces can adopt a                                                           Presidential Chapter                                                           knowing all the                                                           implication and the                                                           consequences. In many                                                           cases I think the                                                           presidential type is                                                           superior and much                                                           better suited to                                                           India. But let us not                                                           adopt rather than                                                           flexibility is the                                                           need of the hour for                                                           India. But let us not                                                           adopt the cabinet type                                                           and then try to                                                           undermine it by all                                                           kinds of devices.
                                                               Take                                                           for instance the                                                           Instrument of                                                           Instructions to the                                                           President and to the                                                           Governors. Originally                                                           there was only an                                                           Instrument of                                                           Instruction to the                                                           Governors. Now the                                                           Drafting Committee                                                           have put in a Chapter                                                           on Instrument of                                                           Instruction to the                                                           President. What                                                           happens if the Prime                                                           Minister of India                                                           ignores these                                                           Instructions? Will the                                                           Governor-General tell                                                           him "Now                                                           according to the                                                           Constitution it is my                                                           right to insist on the                                                           Instruction ?"                                                           There is a possibility                                                           of conflict between                                                           the President of India                                                           and the Prime Minister                                                           and the Cabinet.                                                           Similarly in the                                                           provinces also. These                                                           Instruments of                                                           Instruction may bring                                                           about conflict between                                                           the provincial                                                           Ministries and the                                                           Governor. I think if                                                           we are going in for                                                           responsible                                                           government, we should                                                           go in for it full and                                                           entire. Let us not                                                           compromise on                                                           fundamental                                                           principles, because                                                           compromise on                                                           fundamental principles                                                           will land us in all                                                           kinds of dilemmas and                                                           anomalies and it will                                                           not be easy to saddle                                                           the Constitutions with                                                           different methods to                                                           deal with each                                                           dilemma.
                                                               Within                                                           the time at my                                                           disposal I have tried                                                           simply to touch upon                                                           certain points of                                                           importance which will                                                           have to be discussed                                                           thoroughly when we                                                           take up the Articles                                                           of the Draft                                                           Constitution.
                                                               Sir,                                                           there are, however,                                                           one of or two vital                                                           matters which have to                                                           be considered in                                                           particular. For                                                           instance, take the                                                           provisions for                                                           changing the by a                                                           certain majority in                                                           both Houses. I think                                                           in the matter of a                                                           Constitution changes                                                           should not be allowed                                                           easily, because                                                           political parties may                                                           come into power owing                                                           to sudden changes in                                                           national feeling. The                                                           constitution should be                                                           considered as the                                                           spinal chord. If it is                                                           more flexible than                                                           necessary and if it is                                                           altered every now and                                                           then, simply because a                                                           party has got majority                                                           in the legislature,                                                           then the whole basis                                                           of democracy will go                                                           to pieces. I think                                                           therefore the                                                           provisions regarding                                                           changes in the                                                           Constitution require                                                           to be carefully                                                           thought out. Changing                                                           the Constitution                                                           should not be made                                                           easy. At least, if the                                                           changes on most                                                           important matters are                                                           vested in the                                                           Parliament, I would                                                           suggest that it should                                                           be not only by a                                                           larger majority an                                                           interval of six months                                                           or one year. We may                                                           thus ensure that the                                                           changes in the                                                           Constitution are                                                           brought about with a                                                           full realisation of                                                           the consequences. We                                                           should not change our                                                           Constitution hastily.                                                           Canada has not changed                                                           her Constitution ever                                                           since it was set up.                                                           Has she suffered for                                                           it ? The United States                                                           of America changes its                                                           constitution only very                                                           rarely.
                                                               I                                                           think a rigid                                                           Constitution is far                                                           more important for                                                           stability than                                                           flexibility and ease                                                           in changing the                                                           Constitution. The                                                           Constitution is the                                                           bone work of our                                                           freedom, and bones                                                           must be rigid rather                                                           than flexible.
                                                               Sir,                                                           I am sorry that Dr.                                                           Ambedkar went out of                                                           his way to speak about                                                           village panchayats and                                                           say that they did not                                                           provide the proper                                                           proper background for                                                           a modern constitution.                                                           To some extent I agree                                                           but I agree but at the                                                           same time I do not                                                           agree with his                                                           condemnation of the                                                           village panchayats and                                                           his statements that                                                           they were responsible                                                           for all the national                                                           disasters. I think                                                           that in spite of                                                           revolution and                                                           changes, they have                                                           preserved Indian life                                                           and but for them India                                                           will be a chaos. I                                                           wish that some                                                           statutory provision                                                           had been inserted                                                           regarding village                                                           autonomy within proper                                                           limits. Of course                                                           there are difficulties                                                           because there are                                                           villages which are                                                           very small and there                                                           are big villages, and                                                           many of them may have                                                           to be grouped for                                                           establishing                                                           panchayats, but I do                                                           think that at some                                                           stage or other when                                                           all the provinces have                                                           set up panchayats,                                                           their existence may                                                           have to be recognized                                                           in the Constitution,                                                           for in the long run                                                           local autonomy for                                                           each village must                                                           constitute the basic                                                           framework for the                                                           freedom of this                                                           country.
                                                               Sir,                                                           I am finishing in a                                                           minute. There is only                                                           one more point. I                                                           shall merely touch                                                           upon it. I agree with                                                           the mover that the                                                           artificial distinction                                                           between Provinces and                                                           States should vanish                                                           as quickly and a                                                           seedily as possible.                                                           The only impediment is                                                           that certain financial                                                           interest have                                                           developed owing to the                                                           possession of Central                                                           subject by the States,                                                           and if we can find a                                                           formula to protect the                                                           States from the                                                           financial consequences                                                           of adopting the same                                                           constitutions as the                                                           provinces, the Sates                                                           may not object to fall                                                           in line with the                                                           provinces. Therefore I                                                           suggest that we should                                                           adopt the principle                                                           that no State should                                                           suffer by falling in                                                           line with the                                                           provinces and let us                                                           give them a guarantee                                                           that they will be                                                           recouped from Central                                                           funds for any loss                                                           caused by falling in                                                           line with the                                                           provinces. I suggest                                                           that we may consider a                                                           formula for protecting                                                           them against any kind                                                           of financial suffering                                                           on account of becoming                                                           identical with                                                           provinces. I agree                                                           that we should not                                                           have the anomaly of                                                           having A class States                                                           and B class States                                                           which will only cause                                                           confusion. If                                                           possible, I would like                                                           that all these                                                           different categories                                                           of units should be                                                           abolished. There                                                           should be only one                                                           standard unit                                                           constitution with                                                           freedom for these                                                           constitutions to                                                           adjust themselves to                                                           local circumstances.
                                                               Sir,                                                           owing to the rigid                                                           time limit which I                                                           fear is not conducive                                                           to a proper discussion                                                           of the constitution, I                                                           have confined myself                                                           only to a few points I                                                           hope they will receive                                                           the consideration of                                                           this House.
                                                                                                                          Shri                                                           R. K. Sidhwa (C.                                                           P. & Berar :                                                           General ): Mr.                                                           Vice-President, Sir,                                                           as an able and                                                           competent lawyer, the                                                           Honourable Dr.                                                           Ambedkar has presented                                                           the Draft Constitution                                                           in this House in very                                                           lucid terms and he has                                                           impressed the outside                                                           world and also some of                                                           the Honourable Members                                                           here, but that is not                                                           the Criterion for                                                           judging the                                                           constitution. This is                                                           a constitution                                                           prepared for democracy                                                           in this country and                                                           Dr. Ambedkar has                                                           negatived the very idea                                                           of democracy by                                                           ignoring the local                                                           authorities and                                                           villages. Sir, local                                                           authorities are the                                                           pivots of the social                                                           and economic life of                                                           the country and if                                                           there is no place for                                                           local authorities in                                                           this Constitution, let                                                           me tell you that the                                                           Constitution is worth                                                           not worth considering.                                                           Local authorities                                                           today are in very                                                           peculiarly miserable                                                           condition. The                                                           provinces which                                                           complain that the                                                           Centre has been made                                                           too strong and that                                                           certain powers have                                                           been taken away from                                                           them, have themselves                                                           in the intoxication of                                                           power taken away the                                                           powers of the local                                                           bodies, and in the                                                           name of                                                           mal-administration                                                           today more than 50 per                                                           cent of the local                                                           bodies have been                                                           superseded by                                                           Provincial                                                           Governments. Sir, this                                                           was the attitude in                                                           the previous British                                                           regime, and our                                                           provincial Governments                                                           are merely following                                                           that practice instead                                                           of revolutioning the                                                           entire system of local                                                           bodies. Unless a                                                           direction is given in                                                           the Constitution to                                                           Provincial Governments                                                           to make these bodies                                                           very useful                                                           organizations for the                                                           uplift of villagers,                                                           let me tell you, that                                                           this document is not                                                           worth presentation in                                                           the name of democracy.                                                           The finances of the                                                           local bodies are, in a                                                           miserable condition.                                                           The Provincial                                                           Governments would not                                                           like to give them the                                                           electricity taxes, the                                                           entertainment taxes,                                                           etc. which are the                                                           only sources of                                                           revenue for these                                                           local bodies in                                                           Western countries.                                                           Here in this country                                                           all these taxes are                                                           grabbed by the                                                           provinces. This has                                                           left the local bodies mere                                                           skeleton today. If                                                           this is the tendency,                                                           how can you expect the                                                           local bodies and                                                           villages to prosper?                                                           His Excellency the                                                           Governor General in his recent                                                           speeches and also our                                                           Deputy Prime Minister                                                           in his speech in                                                           Bombay state that                                                           every villager must be                                                           made to understand                                                           that he is responsible                                                           man or a responsible                                                           woman and made to                                                           realize that he or she                                                           has got a share in the                                                           administration of the                                                           country. I fail to                                                           understand how this                                                           can be done if you                                                           ignore the villagers,                                                           the largest portion of                                                           the population?
                                                               Your                                                           will merely be taking                                                           power into your hands                                                           and make some                                                           improvements in the                                                           top, but the masses of                                                           people are struggling                                                           today to become happy                                                           and you will be                                                           nowhere helpful to                                                           them. On the contrary                                                           the present feeling                                                           that the masses have                                                           been neglected will                                                           pass this Constitution                                                           without really making                                                           reference to the                                                           points that I have                                                           mentioned. Dr Ambedkar,                                                           Sir, has made a                                                           confession rightly                                                           that many of the                                                           provisions of the                                                           various constitutions                                                           in other countries                                                           have been borrowed and                                                           inserted in this                                                           Constitution. I                                                           personally think that                                                           there is nothing wrong                                                           borrowing some good                                                           provisions that may be                                                           existing in other                                                           countries. The only                                                           thing that has to be                                                           seen is that these                                                           provisions which may be                                                           beneficial in those                                                           countries may be                                                           equally beneficial in                                                           this country also. I,                                                           however, see from                                                           Schedule 7 – they                                                           are important lists –                                                           that the Union Power                                                           List, the State List,                                                           the Provincial List,                                                           have been copied                                                           wholesale from the                                                           1935 Act, barring a                                                           few changes here and                                                           there. I do not know                                                           whether they have                                                           taken care to enquire                                                           from various                                                           provincial governments                                                           whether they have                                                           found loop-holes. I                                                           will mention one or                                                           two items. The                                                           terminal tax, the                                                           profession tax and the                                                           levy of taxes on                                                           Government of India                                                           building, have been                                                           the bone of contention                                                           between the Provincial                                                           Governments and the                                                           Central Government, in                                                           as much as in some                                                           cases the matter had                                                           gone to the Federal                                                           Court. It seems to me                                                           that the                                                           sub-committees have                                                           merely copied all                                                           these items without                                                           giving my                                                           consideration to the                                                           hardships that have                                                           been imposed by the                                                           Provincial                                                           Governments. I,                                                           therefore, feel that                                                           these three lists when                                                           they come before the                                                           House should be given                                                           due attention by the                                                           House. Last time when                                                           we met this list came                                                           before us and the time                                                           was not sufficient and                                                           we left it as they                                                           were and I hope very minute                                                           consideration will be                                                           given to this list                                                           which is as important                                                           as any other provision                                                           of this Constitution.
                                                               Coming                                                           to the Fundamental                                                           Rights, I do not know                                                           whether the Committee                                                           had the power to upset                                                           the unanimous decision                                                           of this House. The                                                           sub-Committee is                                                           perfectly justifies in                                                           making recommendation,                                                           I do not dispute that                                                           and these are also                                                           recommendations, I                                                           admit. But on a                                                           fundamental matter                                                           when the House after                                                           mature consideration                                                           had taken a decision                                                           on a basic principle                                                           on the Fundamental                                                           Rights, I feel that                                                           they have exceeded                                                           their rights in making                                                           even those                                                           recommendations.                                                            
                                                               I                                                           will only give one                                                           illustration. The                                                           constituent Assembly                                                           in its last session                                                           passed the Fundamental                                                           Rights:
                                                               "No                                                           person shall be                                                           deprived of life of                                                           liberty, without due                                                           process of law nor                                                           shall any person be                                                           dined the equal                                                           treatment of the laws                                                           within the territories                                                           of the Union."
                                                               The                                                           Drafting Committee                                                           have made a change in                                                           this, a revolutionary                                                           change, I should say                                                           and put before this                                                           Honourable House. I                                                           will read their                                                           recommendation:
                                                               "No                                                           person shall be                                                           deprived of his life                                                           or personal liberty                                                           expect according to                                                           procedure established                                                           by law ……"
                                                               The                                                           remaining words have                                                           been deleted. We will                                                           take this matter up                                                           when the occasion                                                           arises. But Sir, I do                                                           feel that in the                                                           Fundamental Rights                                                           that we passed last                                                           time there was already                                                           a grievance that we                                                           have not gone to the                                                           extent to which we                                                           should haven a if your                                                           are going to curtail                                                           even those rights even                                                           those rights of the                                                           citizen, I do feel,                                                           Sir, that the very                                                           nomenclature of the                                                           Fundamental Rights                                                           would be ridiculed.
                                                               I                                                           was really impressed                                                           with one point that                                                           was raised in regard                                                           to the constitution of                                                           the States. I endorse                                                           what he has what he                                                           has stated in this                                                           respect. When we made                                                           this Constitution last                                                           time the States were                                                           quite different than                                                           what they are today                                                           and I fail to                                                           understand why there                                                           should be a separate                                                           constitution for each                                                           new State. There                                                           should be provision                                                           that all States should                                                           adopt the provincial                                                           part of this                                                           Constitution. Instead                                                           of the Governor, the                                                           ruler should be the                                                           Governor and likewise                                                           certain other changes,                                                           but there should be no                                                           separate                                                           Constitution for each                                                           State. After all they                                                           have all acceded to                                                           the Indian Union and                                                           their lawsshould be                                                           the same laws as ours.                                                           It is not one-man rule                                                           now and I fail to                                                           understand                                                           how there can be two                                                           laws functioning in                                                           one country when all                                                           States are part and                                                           parcel of our own kith                                                           and kin in this Union.                                                           I therefore, feel,                                                           Sir, that very serious                                                           consideration has to                                                           be given to this                                                           question as to whether                                                           we can allow the                                                           States people to                                                           prepare their own                                                           constitution which may                                                           go against the very                                                           fundamentals of the                                                           main Constitution that                                                           we are now preparing. In the                                                           Fundamental Rights                                                           they may go somewhere                                                           lesser than we have                                                           decided. In many of                                                           the matters they may                                                           go against what we                                                           have finally provided                                                           for every citizen of                                                           this country.
                                                               Sir,                                                           take for instance the                                                           High Courts. Today in                                                           the High Courts of                                                           India the best men are                                                           on the benches. They                                                           are first-rate men and                                                           even their judgments                                                           are appealable to the                                                           Federal Court and to                                                           the Privy Council; but                                                           in these second--rate                                                           High Courts in the                                                           States--I do not mean                                                           any disrespect by                                                           stating second-rate,                                                           but it is a fact that                                                           they are not                                                           first--rate men--their                                                           judgments are not                                                           changeable in a                                                           Federal Court. Is that                                                           fair, I ask you that                                                           you do not give this                                                           right to the citizen                                                           of citizen of a State?                                                           I therefore feel, Sir,                                                           that this matter also                                                           will have to be very                                                           seriously considered                                                           and to made the work                                                           of the State people                                                           very easy, provincial                                                           part of this                                                           Constitution should he                                                           absolutely made                                                           applicable to them,                                                           barring a few changes.
                                                               Lastly,                                                           a reference has been                                                           made about the                                                           reservation and                                                           protection for                                                           minorities. I have                                                           remained in this                                                           Minority Committee and                                                           Sub-Committee of the                                                           Minorities and I am                                                           really thankful to the                                                           majority community for                                                           the manner in which                                                           they have dealt with                                                           the minority question                                                           and I must say that                                                           there should be no                                                           complaint from any                                                           from any quarter in                                                           this respect. As far                                                           as our community is                                                           concerned, although                                                           the offer has been                                                           made for the                                                           reservation of seats,                                                           we have refuse it with                                                           thanks. Similarly,                                                           yesterday Kazi Syed                                                           Karimuddin instead on                                                           removal of reservation                                                           of seats. This                                                           statement even at a                                                           later stage is very                                                           welcome. Just as when                                                           the majority community                                                           offered the                                                           reservation of seats                                                           to the Parsi                                                           community, we said:                                                           "No thank you, we                                                           do not want,"                                                           similarly all the                                                           groups, I expect, Sir,                                                           will refuse with                                                           thanks the offer of                                                           the majority.
                                                                                                                          Maulana                                                           Hasrat Mohani (United                                                           Provinces: Muslim):                                                           Mr. Khaliquzzaman                                                           wanted reservation and                                                           not Syed Karimuddin.
                                                                                                                          Shri                                                           R. K. Sidhwa:                                                           I do not follow. I                                                           therefore appeal that                                                           this communal poison                                                           should be removed from                                                           this country and this                                                           Constitution should be                                                           made into a document                                                           about which we could                                                           feel proud and we                                                           should be able to say                                                           to the world that this                                                           is a document which                                                           the Indian people have                                                           made for other to                                                           initiate. With these                                                           words, Sir, I end.                                                           Hope that some of the                                                           points which I have                                                           mentioned will be                                                           borne in mind when the                                                           time comes. Thank you,                                                           Sir.
                                                                                                                          Shri                                                           Ram Sahai                                                           [United State of                                                           Gwalior-Indore-Indore-Malwa                                                           (Madhya Bharat)]: *[Mr.                                                           Vice-President, Sir,                                                           many Members have shed                                                           light on a number of                                                           points relating to the                                                           Constitution. I shall                                                           not go over them                                                           again, I shall only                                                           speak a few words in                                                           regard to the States.                                                           I would like to made                                                           it clear tot he House                                                           that the people of the                                                           States are in favour                                                           of a strong Centre and                                                           would whole-heartedly                                                           support the                                                           establishment of a                                                           strong Centre in this                                                           way. I submit,                                                           however, that much                                                           thought does not seem                                                           to have been given to                                                           the States in the                                                           Constitution that has                                                           been placed before us.                                                           I would like to                                                           illustrate this point                                                           by one example.
                                                               In                                                           Schedule I, Part III,                                                           the States have been                                                           specified as they had                                                           in the past, although                                                           a number of States                                                           have merged to from                                                           Unions and have in a                                                           way given themselves                                                           the character of a                                                           province. Madhya                                                           Bharat Union may be                                                           taken as a case in                                                           instance. The Raj                                                           Pramukh of Madhya                                                           Bharat signed a new                                                           Instrument of                                                           Accession on June 15,                                                           by which all the                                                           subjects mentioned in                                                           the first and third                                                           list of Seventh                                                           Schedule excluding                                                           taxes and duties, have                                                           been handed over to                                                           the Centre. This means                                                           that even the                                                           Judiciary has been                                                           subordinated to the                                                           Centre. But even then                                                           no appeal can lie to                                                           the Supreme Court from                                                           the decisions of its                                                           High Court under                                                           Sections 111 and 113                                                           of the present Draft.                                                           When the Madhya Bharat                                                           Union has, by its new                                                           instrument of                                                           accession surrendered                                                           all its rights,                                                           transferred all its                                                           powers to the Centre                                                           and agree to all it                                                           proposals. I cannot                                                           see why a provision                                                           has been made                                                           prohibiting appeals                                                           being to the Supreme                                                           Court against the                                                           judgments of the High                                                           Court of the Union.                                                           Section 113 lays down                                                           that a reference can                                                           be made to the Supreme                                                           Court. But I fail to                                                           understand why an                                                           appeal against the                                                           High Court cannot be                                                           admitted in the                                                           Supreme Court. This is                                                           a matter which                                                           particularly affects                                                           the rights of the                                                           people. I submit that                                                           a single provision of                                                           such a type would have                                                           been sufficient for                                                           the protection of the                                                           rights of the people.                                                           Our efforts to bring                                                           the High Court of the                                                           Union, into line with                                                           the Provincial High                                                           Court would be                                                           facilitated and would                                                           be crowned with                                                           success if these High                                                           Courts are made                                                           subordinate to the                                                           sufficiently developed                                                           there but so far as                                                           far as the High courts                                                           of Gwalior and Indore                                                           are concerned I can                                                           say with some pride                                                           that they are in no                                                           way inferior to the                                                           High Courts of the                                                           provinces; nor do they                                                           have lesser standing.                                                           They too have as                                                           learned Judges as have                                                           the High Courts of the                                                           provinces.
                                                               Honourable                                                           Dr. Ambedkar wants                                                           that Constituent                                                           Assemblies may not                                                           come into being in the                                                           States. But I think                                                           that if Dr. Ambedkar                                                           had been a little in                                                           touch with the                                                           Ministry, of States                                                           regarding this matter                                                           land had placed it                                                           before that Ministry,                                                           these complication,                                                           that have been                                                           introduced now, would                                                           not arisen at all. I                                                           would place before him                                                           the matter of the                                                           Constituent Assembly                                                           of Madhya Bharat as a                                                           case in point. An                                                           interim legislature is                                                           being formed there and                                                           a Constituent                                                           Assembly will also be                                                           formed. What may                                                           possibly be the                                                           necessity of forming                                                           these two at the same                                                           time? There will be                                                           interim legislature                                                           there and after that                                                           the Constituent                                                           Assembly will be                                                           formed. No session of                                                           the interim                                                           legislature is in view                                                           as yet and it is yet                                                           to seen when the work                                                           of the Constituent Assembly                                                           would start. The                                                           members of the interim                                                           legislature are here                                                           in this Constituent                                                           Assembly to frame the                                                           Constitution. I fail                                                           to understand why                                                           these people who can                                                           make laws in the                                                           legislature and                                                           framing the Constitution here,                                                           cannot frame the                                                           Constitution there.                                                           Such complications                                                           have been brought in.                                                           I am sure that if Dr.                                                           Ambedkar had consulted                                                           Sardar Patel in this                                                           matter, many problems                                                           would have been easily                                                           solved.
                                                               No                                                           necessity now remains                                                           for the Constituent                                                           Assemblies that have                                                           been formed or are                                                           being formed in the                                                           states particularly                                                           when almost all the                                                           States have taken the                                                           shaped of provinces.
                                                               I                                                           would like to submit                                                           to the House that the                                                           third part of the                                                           First Schedule should                                                           be revised and the                                                           Unions, wherever they                                                           have been formed                                                           should be included in                                                           the first part. Such                                                           an inclusion will                                                           result in bringing the                                                           States up to the level                                                           of the provinces--the                                                           only remaining                                                           difference would be                                                           that the Governors of                                                           the Provinces would be                                                           that the governors of                                                           the Provinces would be                                                           elected for the                                                           public. While the                                                           Rajpramukhs of the                                                           States would be                                                           selected by the                                                           princes. As remarked                                                           by Messrs. Santhanam                                                           and Sidhwa, it would                                                           be very advantageous                                                           to put the provinces                                                           and the Unions on the                                                           same footing and in my                                                           opinion such a step is                                                           both necessary and                                                           essential. We should                                                           revise the parts of                                                           both these schedules,                                                           and they should be                                                           redrafted in such a                                                           way that the States                                                           which have already                                                           formed Unions be                                                           brought to the level                                                           of the provinces.
                                                               The                                                           committee of experts                                                           appointed in                                                           connection with the financial                                                           provisions has decided                                                           that within ten years                                                           all the States should                                                           at least be brought to                                                           the level of the                                                           provinces. I find that                                                           there is nothing in                                                           this Constitution                                                           which would permit the                                                           report of the                                                           committee of experts                                                           being given a                                                           practicable shape. I                                                           would therefore                                                           request the drafting                                                           Committee that it                                                           should make some such                                                           provisions by which                                                           States which have                                                           merged to form Unions                                                           should be brought to                                                           the level of the                                                           provinces. And there                                                           should remain no                                                           difficulties in                                                           respect to this                                                           matter.
                                                               I                                                           would like to submit                                                           to the House one thing                                                           more, and this is that                                                           the big states like Mysore and Travancore,                                                           which claim a better                                                           position than most of                                                           the provinces,                                                           should--and I request                                                           the rulers and                                                           representatives of                                                           these states to give                                                           up their interest in                                                           this aspect--accept the                                                           same status as is                                                           enjoyed by the other                                                           provinces. All the                                                           resources, which are                                                           not essential for the                                                           State, should be                                                           handed over to the                                                           Centre. One cannot                                                           fail to understand                                                           that like other States                                                           Gwalior State could                                                           have maintained its                                                           separate existence.                                                           But ruler of that                                                           State himself realized                                                           this necessity and                                                           handed over all his                                                           powers to the Centre.                                                           Just as the                                                           constitution is meant                                                           for the people of the                                                           provinces similarly it                                                           should be for the                                                           people of the States                                                           also. Hence I would                                                           like to submit to the                                                           House and more                                                           specially the Drafting                                                           Committee that they                                                           should adopt some such                                                           device that those                                                           Unions which have                                                           assumed the form of                                                           provinces ad the big                                                           States which have not                                                           merged into any Union                                                           may be able to attain                                                           uniformity in this                                                           respect.]*
                                                                                                                          Shri                                                           Jainarain Vyas                                                           (Jodhpur): *[Mr.                                                           Vice-President, Sir,                                                           Dr. Ambedkar and his                                                           colleagues as also the                                                           typist and copyists                                                           have to be thanked for                                                           the labour expended in                                                           preparing the Draft                                                           Constitution that is                                                           before us. This is a                                                           very big Draft and                                                           many things have been                                                           included in it. But as                                                           is the case with all                                                           drafts prepared by                                                           men, this Draft too has many                                                           defects. In                                                           particular, the use of                                                           the word                                                           "State"                                                           which has not been                                                           defined at any place                                                           is, in a way, very                                                           confusing to all of                                                           us, what a State means                                                           from the territorial                                                           or place therein. From                                                           the point of view of                                                           rights of citizenship                                                           also it cannot                                                           gathered what the term                                                           "State"                                                           means. For purposes of                                                           Fundamental Rights the                                                           term                                                           "States" has                                                           been made to include                                                           Legislatures of the                                                           State of the States,                                                           Local Governments and                                                           the Government of the                                                           States. As the word                                                           "State" was                                                           generally used for                                                           Indian States, it                                                           would have been better                                                           if some other word had                                                           been substituted for                                                           it.
                                                               States                                                           too have been divided                                                           into different                                                           categories. There are                                                           Governors Provinces                                                           and Chief                                                           Commissioners’                                                           Provinces and the                                                           third category would                                                           consist of what are                                                           called States that is                                                           to say, Indian States.                                                           They are specified in                                                           Schedule I, Part III.                                                           I support the view of                                                           Dr. Ambedkar, which he                                                           expressed in the                                                           course of his speech,                                                           that the States should                                                           be as big as the                                                           provinces and they                                                           should be in line with                                                           the provinces. I fact                                                           we the people living                                                           in States cannot do                                                           justice to our economy                                                           by remaining in small                                                           territories nor can we                                                           properly carry on our                                                           administration. But at                                                           the same time we would                                                           like to tell Dr.                                                           Ambedkar and his                                                           colleagues that they                                                           should have also shown                                                           some anxiety to bring                                                           us into line with the                                                           provinces. In Schedule                                                           I, Part III, they have                                                           divided us into  small units.                                                           We should have been                                                           grouped into larger                                                           units even there.                                                           States, that is to say                                                           Princes’ States have                                                           not been the right of                                                           appeal to the Federal                                                           court by the article                                                           providing for appeal                                                           for appeal to that                                                           Court. Only the                                                           provinces can avail                                                           themselves of that                                                           right of appeal. Why                                                           have we been made                                                           Harijans in the matter                                                           of appeals to the                                                           Federal Court? This                                                           policy of treating the                                                           people of States as                                                           Harijans in the matter                                                           of appeal to Federal                                                           Court reveals that                                                           even you have not                                                           cared to form big                                                           units. On the contrary                                                           I find that you are                                                           keeping some mental                                                           reservations. You say                                                           that we should form                                                           big States but then it                                                           is your duty that you                                                           should grant us our                                                           rights. Mr. Sidhwa                                                           observed just now that                                                           we should come on a                                                           par with the big                                                           provinces. I ask, who                                                           does not want to come                                                           on at par with them? But you                                                           say that the Princes                                                           of the States and the                                                           people of the                                                           provinces can be                                                           Governors. Why do you                                                           not give this                                                           opportunity the people                                                           of the States? If you                                                           really mean that the                                                           mean that the States                                                           and Governors’                                                           Provinces are of two                                                           different categories,                                                           you should it  clearly, as                                                           also that you want to                                                           keep this reservation                                                           in respect to the                                                           States--that you will                                                           keep some such matters                                                           exclude and will not                                                           give them to the                                                           people of the States.                                                           You should be quite                                                           frank in these                                                           matters. On the one                                                           hand it is said that                                                           the States should be                                                           brought on a par with                                                           the Governor’                                                           Provinces and on the                                                           other that the people                                                           of the States will not                                                           be entitled for                                                           appointment as                                                           Governors though the                                                           Prices of the States                                                           may be so appointed. I                                                           do not appreciate this                                                           distinction. I think                                                           that this is a defect                                                           in this Constitution                                                           and it should be                                                           removed.
                                                               Another                                                           observation which I                                                           would like to make is                                                           in regard to the                                                           territories of the                                                           provinces. It has been                                                           provided in this                                                           Constitution that some                                                           territories of the                                                           provinces can be                                                           separated form them                                                           and joined to other                                                           territories, that two                                                           or more territories                                                           can be joined together                                                           to form a province.                                                           The condition for                                                           forming such provinces                                                           is that either the                                                           legislature of the                                                           State or its members                                                           or the majority of the                                                           member should submit                                                           to the President of he                                                           State that they want                                                           to form a separate                                                           province for themselves. But this                                                           matter too a                                                           reservation has been                                                           kept against the                                                           people of the States which                                                           are specified in                                                           Schedule I, Part III.                                                           The States are not                                                           permitted to form a                                                           big unit by submitting                                                           a proposal through                                                           their legislatures or                                                           through the Members of                                                           their legislatures.                                                           For that the consent                                                           of the State is                                                           neccessary. I do not                                                           understand what                                                           "consent of the                                                           State" means. If                                                           the legislature of the                                                           State consents, if its                                                           member consent, it                                                           should have been taken                                                           the consent of the                                                           State. But perhaps                                                           "consent of the                                                           State" means                                                           "consent of the                                                           ruler". If it is                                                           not so, will a                                                           referendum be held or                                                           will it be ascertained                                                           by some other system?                                                           If consent of the State does                                                           not mean consent of                                                           the ruler, it should                                                           be stated clearly.                                                           Therefore, I think                                                           that so far as the                                                           States are concerned,                                                           the constitution is                                                           not fully clear.
                                                               I                                                           would like to make one                                                           or two other                                                           observation about this                                                           Constitution. I admire                                                           that equal right have                                                           been given to all                                                           classes of people but                                                           I cannot say whether                                                           it is deliberately or                                                           otherwise that while                                                           the people have been                                                           given the right of                                                            access to Dharamshala                                                           and wells, they have                                                           nit been given the                                                           right of entering temples. I                                                           cannot say whether the                                                           fact that while the                                                           Harijans have been the                                                           right of access to                                                           wells, Dharamshalas,                                                           etc., they have not                                                           been given the right                                                           of entering temples                                                           came under the notice                                                           of Dr. Ambedkar. I                                                           think that it is                                                           either a mistake or an                                                           omission. If it is an                                                           omission, it should be                                                           provided for.
                                                               There                                                           is no doubt that it                                                           has not been                                                           considered necessary                                                           to differentiate                                                           between the minorities                                                           and the majority and                                                           the citizens have been                                                           considered citizens in                                                           a general sense but                                                           even then it has been                                                           accepted that if some                                                           educational                                                           institutions are run                                                           by the minorities, the                                                           State should be able                                                           to aid them. It means                                                           that under this Draft                                                           it should still be                                                           possible to run the                                                           existing communal                                                           schools and                                                           educational                                                           institutions. I do not                                                           think that it is right                                                           to leave scope for                                                           such a possibility                                                           when we are free and                                                           the people of the                                                           minority communities                                                           and the majority                                                           community have to live                                                           as brothers. But                                                           the system of                                                           Grants-in-aid to such                                                           institutions would                                                           produce only such a                                                           result.
                                                               I                                                           have to make only one                                                           more observation and                                                           that is about the                                                           language. A number of                                                           our brothers have                                                           spoken about it. An                                                           Honorable Member went                                                           so far as to remark                                                           that Hindi Imperialism                                                           is being established                                                           here. Another                                                           Honourable Member said                                                           that linguistic                                                           fanaticism is being                                                           fomented here. I would                                                           like to tell that no                                                           question of Hindi                                                           imperialism or                                                           linguistic fanaticism                                                           is involved, when we                                                           say that we should                                                           have a national                                                           language of our own.                                                           When we can about                                                           English I do not                                                           understand why we                                                           cannot adopt Hindi. If                                                           you do not want to                                                           adopt Hindi have                                                           courage and say that                                                           English is our                                                           national language. But                                                           you do not say that.                                                           When English is not                                                           our lingua franca                                                           it is not right that                                                           we should not allow                                                           another language to                                                           become the national                                                           language. I                                                           sympathize with those                                                           who say that they                                                           cannot understand                                                           Hindi but at the same                                                           time I would say that                                                           they should now try to                                                           evolve a national                                                           language of their own.                                                           If we do not do so                                                           there is not so much                                                           the danger of the                                                           imposition of the                                                           English language as of                                                           the question of                                                           linguistic provinces                                                           taking the form of                                                           linguistic countries.                                                           We do not say that all                                                           the people should                                                           speak one language                                                           only. So long as they                                                           cannot do so they may                                                           speak English—no one                                                           will prevent them from                                                           doing so. I am                                                           speaking Hindi                                                           although my language                                                           is Rajasthani which is                                                           different from Hindi                                                           and has some                                                           peculiarities not to                                                           be found in Hindi. But                                                           at the same time I                                                           know that the largest                                                           number of people can                                                           speak Hindi and can                                                           learn Hindi. Therefore                                                           we should adopt one                                                           national language. I                                                           hope there will be no                                                           misunderstanding about                                                           those who are trying                                                           to make Hindi the                                                           national language,                                                           that they want to                                                           establish supremacy of                                                           that language. They                                                           only want one national                                                           language in the                                                           interest of our                                                           country. It does not                                                           mean that the                                                           provincial languages                                                           will be put under any                                                           ban or that English                                                           will be bereft of the                                                           position it has                                                           attained. It may be                                                           that in the long run                                                           English may no more be                                                           there.
                                                               With                                                           these words I support                                                           the Draft Constitution                                                           placed before us by                                                           Dr. Ambedkar and I                                                           hope he will try to                                                           incorporate the                                                           changes that have been                                                           suggested.
                                                                                                                          Shri                                                           B. A. Mandloi                                                           (C. P. & Berar :                                                           General): Mr.                                                           Vice-President, Sir,                                                           Dr. Ambedkar, Chairman                                                           of the Drafting                                                           Committee, in a very                                                           lucid speech explained                                                           the salient points of                                                           the Draft                                                           Constitution. In                                                           answer to the                                                           questions which are                                                           raised, namely, what                                                           is the form of the                                                           Government and what is                                                           the constitution of                                                           the country, he has                                                           pointed out that it is                                                           a federal type of                                                           Government with a                                                           strong Centre and a                                                           parliamentary system                                                           of Government with a                                                           single judiciary and                                                           uniformity in                                                           fundamental laws. He                                                           has also said that the                                                           emphasis has been                                                           placed on                                                           responsibility rather                                                           than on stability. It                                                           is strong enough in                                                           peace time as well as                                                           in war-time. He has                                                           answered in his speech                                                           the various criticism                                                           leveled against the                                                           Draft Constitution and                                                           I submit that his                                                           speech is a very lucid                                                           exposition of the                                                           Draft Constitution.                                                           The Draft Constitution                                                           prepared by the                                                           Drafting Committee is                                                           based on the reports                                                           of the various                                                           committees, namely,                                                           the Union Power                                                           Committee, the                                                           Provincial                                                           Constitution                                                           Committee, the                                                           Advisory Committee and                                                           the Minority                                                           Committee. The                                                           Constituent Assembly                                                           in its very first                                                           session passed a                                                           Resolution with                                                           respect to the                                                           objective of our                                                           Constitution. That                                                           Resolution was moved                                                           by our respected                                                           leader Pandit                                                           Jawaharlal Nehru, and                                                           was unanimously                                                           passed. We had to see                                                           that our Constitution                                                           is based on that                                                           fundamental                                                           Resolution—on that                                                           Objectives                                                           Resolution—in which                                                           the claims for justice, liberty, equality                                                           and fraternity had                                                           been granted. I submit                                                           that the Draft                                                           Constitution is a true                                                           reflection of the                                                           Objectives Resolution                                                           and therefore we can                                                           say that it has                                                           fulfilled our object.
                                                               There                                                           is another touch-stone                                                           with which to see                                                           whether the Draft                                                           Constitution answers                                                           the purpose of our                                                           country and our                                                           nation. That                                                           touch-stone is whether                                                           it would maintain our                                                           freedom, our                                                           independence and our                                                           democratic, secular                                                           Government. I am of                                                           opinion that looking                                                           from that point of                                                           view also this Draft                                                           Constitution serves                                                           our purpose.
                                                               There                                                           are, however, certain                                                           omissions and certain                                                           things which are not                                                           found in this Draft                                                           Constitution and                                                           proper emphasis has                                                           not been placed on                                                           those subjects. The                                                           omissions are with                                                           respect to our                                                           National Flag and                                                           National Anthem. In a                                                           Draft Constitution and                                                           in a Constitution                                                           which is going to                                                           govern our country,                                                           there should be a                                                           proper place for the                                                           National Anthem and                                                           for the National Flag.                                                           There is also a                                                           necessity with respect                                                           to a common language                                                           and a common script.                                                           We should be definite                                                           on this because after                                                           all our aim is to be                                                           one nation and one                                                           State. In the absence                                                           of one common language                                                           we can not claim to be                                                           one nation and one                                                           State. Taking into                                                           consideration the                                                           various languages                                                           prevailing in our                                                           country one can say                                                           without any                                                           controversy that the                                                           place of honour should                                                           go to Hindi and the                                                           script should be                                                           Devanagri script. We                                                           should bid good-bye to                                                           the English language                                                           as early as possible                                                           because it would be                                                           derogatory to our                                                           nationhood if we adopt                                                           a foreign language.                                                           The Hindi language is                                                           spoken and understood                                                           by a vast majority of                                                           the people in the                                                           country and the                                                           Devanagri script is a                                                           very scientific script                                                           and it should be                                                           adopted as the                                                           official script of our                                                           Government.
                                                               While                                                           we have attempted to                                                           make the Centre quite                                                           strong, I submit that                                                           we have not paid                                                           sufficient attention                                                           to our Provinces. The                                                           Provincial budgets are                                                           poor budgets and there                                                           is a chronic poverty                                                           prevailing in the                                                           Provinces. The                                                           responsibilities of                                                           the Provinces are                                                           great. We have to                                                           fight ignorance,                                                           disease and so many                                                           other things and we                                                           have to carry on                                                           nation-building                                                           departments and the                                                           constructive work in                                                           the provinces. The                                                           allocation from the                                                           Centre revenues to the                                                           provinces should be on                                                           an equitable basis so                                                           that the Provinces may                                                           be able to discharge                                                           their duties properly                                                           and efficiently.
                                                               In                                                           his speech Dr.                                                           Ambedkar made an                                                           appeal with respect to                                                           the States – that                                                           the States which have                                                           formed into units and                                                           acceded to the Union                                                           should also be on a                                                           par with the                                                           Provinces. We would                                                           certainly like to see                                                           that uniform laws                                                           prevail there also and                                                           the level of progress                                                           is maintained in the                                                           States in a uniform                                                           manner. I therefore                                                           would suggest that in                                                           the Draft Constitution                                                           we should not make a                                                           distinction between                                                           the units of the                                                           provinces and the                                                           units of the States.                                                           We have got                                                           representatives of the                                                           States and we can, in                                                           consultation with                                                           them, bring the States                                                           to the same level as                                                           the other Provinces                                                           shown in Part I of the                                                           Constitution.
                                                               Something                                                           has been said with                                                           respect to the                                                           minorities. The                                                           Advisory Committee on                                                           Minority has                                                           recommended certain                                                           safeguards for the                                                           minorities. Though the                                                           future relationships                                                           are going to take                                                           place on the basis of                                                           joint electorates,                                                           these safeguards have                                                           been provided. Sir, I                                                           submit that these are                                                           days of voluntary                                                           surrenders. In the                                                           year 1947 the British,                                                           after a rule of a                                                           hundred and fifty                                                           years, surrendered                                                           voluntarily though                                                           there was the fight of                                                           the Congress going on                                                           for so many years.                                                           Then we found that the                                                           Rulers of the Indian                                                           States have also                                                           surrendered. And I                                                           feel sure that if the                                                           minorities were to                                                           surrender the                                                           safeguards, they would                                                           be in a better and                                                           stronger position and                                                           they need not have any                                                           fear from the                                                           majority. If they                                                           surrender the                                                           safeguards and join                                                           the majority, coalesce                                                           with the majority and                                                           merge with the                                                           majority, we would                                                           have a stronger India                                                           and our ideal of                                                           nationhood would be                                                           realized earlier.
                                                               Sir,                                                           our Constitution is a                                                           Constitution which has                                                           been evolved by us                                                           from a comparison of                                                           the various                                                           constitutions                                                           prevailing in the                                                           civilized countries                                                           all over the world.                                                           Various good points                                                           from all the                                                           Constitutions have                                                           been taken with such                                                           modifications as are                                                           necessary in the                                                           interests of our                                                           country. If we                                                           faithfully and                                                           honestly work out the                                                           Constitution, I feel                                                           sure that our country                                                           would be prosperous,                                                           would be happy, would                                                           be strong and we would                                                           be able to maintain                                                           our independence and                                                           not only maintain our                                                           independence but would                                                           be fulfilling the                                                           great mission of our                                                           departed leader, the                                                           Father of the Nation,                                                           who said that                                                           thereafter India would                                                           be in such a position                                                           as to free the other                                                           dependent countries                                                           and bring peace and                                                           prosperity in the                                                           whole world.
                                                               With                                                           these words, Sir, I                                                           submit that the Motion                                                           moved by Dr. Ambedkar                                                           be accepted by the                                                           House.
                                                                                                                          Pandit                                                           Balkrishna Sharma                                                           ( United Provinces :                                                           General): Mr.                                                           Vice-President, Sir,                                                           so many friends have                                                           come here and offered                                                           their congratulations                                                           to the Honorable the                                                           Law Minister who was                                                           in charge of this                                                           Draft Constitution                                                           that it will sound                                                           almost a tautology if                                                           I repeat the same                                                           sentiments again. But                                                           I think I will be                                                           failing in my duty if                                                           I do not offer my                                                           humble and respectful                                                           congratulations to the                                                           learned Law Minister                                                           for the very lucid                                                           manner in which he has                                                           presented this Draft                                                           Constitution for our                                                           consideration.
                                                               Many                                                           friends and critics                                                           have come here and                                                           leveled certain                                                           charges against our                                                           Constitution. The one                                                           charge which has been                                                           repeated by many                                                           friends is that ours                                                           is a very bulky                                                           Constitution. The                                                           Mover himself referred                                                           to the bulky nature of                                                           this document. When we                                                           really examine the                                                           clauses and articles                                                           of the various other                                                           Constitutions we come                                                           to the conclusion that                                                           ours is indeed a bulky                                                           Constitution. Sir, as                                                           you know, it contains                                                           315 Articles, whereas                                                           the Constitution of                                                           the British North                                                           America, that is                                                           Canada, contains only                                                           147 Articles; the                                                           Commonwealth of                                                           Australia Act contains                                                           about 128 Articles;                                                           the Union of South                                                           Africa Act contains                                                           153 Articles; the                                                           Irish Constitution                                                           only 63 Articles; the                                                           U.S. Constitution                                                           contains 28 Articles;                                                           the U. S. S. R.                                                           Constitution 146                                                           Articles; the Swiss                                                           Federal Constitution                                                           123 Articles; the                                                           German Reich                                                           Constitution contains                                                           181 Articles, and the                                                           Japanese Constitution                                                           103 Articles. A glance                                                           at these Constitutions                                                           shows that none of                                                           them contains more                                                           than 200 Articles                                                           whereas our                                                           Constitution contains                                                           315 Articles.
                                                               Critics                                                           have tried to make a                                                           great deal out of this                                                           bulkiness of our                                                           Constitution. But we                                                           must not forget that                                                           ours is a big                                                           country of 330                                                           millions and we are                                                           making a Constitution                                                           for almost one fifth                                                           of humanity. Therefore there should be no                                                           wonder that our                                                           Constitution is bulky.                                                           Not only are we                                                           making a Constitution                                                           for a number of people                                                           for whom so far                                                           no other country has                                                           made any Constitution                                                           but our                                                           problems are varied                                                           and are different.                                                           Also, at the same time                                                           we have tired to give                                                           in the constitution of                                                           ours a  modus operandi                                                                                                                      where by we have been                                                           able to set at naught                                                           the rigours of                                                           federalism and the                                                           vagaries of unitary                                                           form of Government. In                                                           an attempt to bring                                                           about that compromise                                                           between                                                           federalism and unitary                                                           from of Government, we                                                           had naturally to take                                                           recourse to certain                                                           Articles which are                                                           responsible for                                                           increasing the bulk of                                                           our Constitution.
                                                               As                                                           I said, Sir, our is a                                                           country which has got                                                           its own problems. In no                                                           country in the world                                                           are there what we call                                                           the principalities                                                           - the States - and                                                           there should be no wonder                                                           that in order                                                           to bring all these                                                           various factors inline                                                           with the present day                                                           democratic principles,                                                           the draftsmen of our                                                           Constitution could not                                                           compress into a few Articles                                                           all that                                                           they wanted to do.                                                           Therefore the charge                                                           that has been                                                           levelled against our                                                           Constitution that it is bulky                                                           seems to me to                                                           be frivolous.
                                                               The                                                           second charge is that                                                           we have borrowed                                                           almost verbatim from                                                           the various                                                           constitutions and that                                                           we have not cared to                                                           glance at the                                                           Constitution of the U.                                                           S. S. R. Now, so far                                                           as this particular                                                           charge is concerned, I                                                           would like to draw the                                                           attention of the                                                           Honourable House to                                                           some very patent                                                           factual and                                                           fundamental                                                           differences that exist                                                           between our                                                           country and the U. S.                                                           S. R. Let us not                                                           forget that the Russian                                                           Constitution came into                                                           existence after full                                                           eighteen years of                                                           Government by a single                                                           party, the Communist                                                           Party of the U. S. S.                                                           R.                                                           For full eighteen                                                           years that party was in                                                           power.  The October                                                           Revolution of 1917                                                           brought that party to                                                           power and, till 1935,                                                           they did not think of                                                           making a                                                           Constitution for their                                                           country. After                                                           eighteen years, during                                                           which period a rigid                                                           single-party rule was there, they thought                                                           of giving a                                                           constitution to                                                           Russia. Our conditions                                                           are far different from                                                           the conditions prevailing in                                                           Russia.                                                           Naturally, if we could                                                           not borrow any provision from                                                           the                                                           Russian Constitution                                                           which may appear on                                                           the face of it                                                           desirable, we must not                                                           forget that we did not                                                           borrow on purpose. It                                                           is said that the                                                           Russian Constitution gives the                                                           fullest scope                                                           to the minorities, but                                                           we forget that                                                           during the eighteen                                                           years when that rigid party                                                           known as                                                           the Communist Party of                                                           Russia was in power in what                                                           is called the                                                           Democratic Republics                                                           of Russia, it had established                                                           such a                                                           strong hold upon the                                                           various Republics that                                                           constitute the U. S.                                                           S. R.,                                                           that in spite of the                                                           fact that the Constitution gave them                                                           power to break off their connection                                                           with                                                           the Central                                                           Government, in the                                                           very nature of things                                                           it is impossible for                                                           them even to think of                                                           doing so. The Republics                                                           of Georgia, Ukraine,                                                           etc. and some of the other                                                           Central Asian                                                           republics, long before                                                           a Constitution was                                                           given to them, were in                                                           the grip of that                                                           well-knit, well-organised                                                           Communist Party of the                                                           U. S. S. R. Therefore, to                                                           turn round and say that                                                           we have not taken this                                                           or that great                                                           principle                                                           of the Russian                                                           Constitution and                                                           embodied it in our own                                                           Constitution is to                                                           ignore the facts as                                                           they exist in Russia                                                           and as they exist in                                                           our own country.
                                                               Sir,                                                           if we look at the                                                           political development                                                           that has taken shape in                                                           our own country, we                                                           will find that it is                                                           on democratic                                                           principles that our                                                           party, the Congress                                                           Political Party, has                                                           developed. The Russian                                                           Communist Party has                                                           developed on a                                                           totally different                                                           basis and that basis                                                           is the basis of                                                           revolutionary                                                           totalitarianism.                                                           Therefore those                                                           friends                                                           who came to the                                                           rostrum and spoke very                                                           well of the Russian                                                           Constitution and                                                           twitted us for not                                                           having borrowed                                                           various                                                           clauses from the                                                           Russian Constitution,                                                           may be told that their                                                           criticism is                                                           absolutely baseless.                                                           While making                                                           that                                                           criticism they have                                                           not cared to look at                                                           the situation in our                                                           own country.
                                                               Then                                                           again, let us not                                                           forget that there is a                                                           vital difference between the                                                           principles, the aims                                                           and objects of the                                                           Russian polity and the                                                           principles and the                                                           aims and objects of the                                                           polity which we want                                                           to develop in our own country.
                                                               Sir,                                                           in Russia, the                                                           individual as such has                                                           got precious little value. It is the                                                           State, the Society and                                                           the Party for which the                                                           individual should                                                           exist. But here, under                                                           the inspiring leadership of Mahatma                                                           Gandhi we have learnt to look                                                           at things in a                                                           little different way.                                                           We consider individuals                                                           to be the basis of                                                           society and party and State. This                                                           insistance                                                           upon the individual                                                           makes our situation far different                                                           from the                                                           situation that                                                           prevails in Russia.                                                           For all these reasons                                                           if our Constitution                                                           makers could not borrow                                                           from the Russian                                                           Constitution, then I                                                           can say that they did                                                           so on purpose and that                                                           it was proper that they should                                                           have looked                                                           to the democratic                                                           countries for                                                           inspiration rather                                                           than to Russia which,                                                           though apparently a                                                           democratic State, is                                                           yet a Government on a                                                           rigid single party                                                           basis.
                                                               The                                                           third charge which has                                                           been laid at the door                                                           of our Constitution                                                           makers is that this                                                           Constitution has got a                                                           very powerful                                                           centrifugal tendency                                                           and that the little                                                           provincial autonomy                                                           which seems to have                                                           been given under the                                                           Constitution is likely                                                           to be taken away in                                                           the course of working                                                           this constitution and                                                           that all power is                                                           likely to centre in the                                                           Union State. But why                                                           should we forget that we, our                                                           country, we                                                           all, have been chronic                                                           patients of what I may                                                           call centrifugalities                                                           ? This centrifugal                                                           tendency is a tendency                                                           to fly away from the                                                           Centre. This tendency                                                           of the various limbs to                                                           break off from the                                                           body politic is a                                                           historical tendency.                                                           We should not ignore                                                           it.
                                                               Today                                                           we are sitting here to                                                           weld the Nation into a                                                           strong well-knit,                                                           well organised                                                           society. If our                                                           Constitution-makers                                                           do not take care to                                                           guard against that                                                           chronic illness                                                           from which our country                                                           has been suffering for                                                           centuries, then we are                                                           likely to come to                                                           grief. Therefore I say                                                           that these friends and                                                           critics, who think                                                           that                                                           the Centre which has                                                           been given certain                                                           powers to meet certain                                                           emergencies is likely                                                           to abuse those powers,                                                           are trying to cry                                                           'wolf' 'wolf' before                                                           actually the wolf comes to                                                           their doors.
                                                               There                                                           is no doubt that the                                                           Constitution does not contain                                                           any clause                                                           about village                                                           panchayats. A good                                                           deal of criticism has                                                           been hurled at it for                                                           that reason, but may I point                                                           out that the                                                           Constitution in no way                                                           rules out the development                                                           of the                                                           village panchayats?                                                           The Constitution does not                                                           put any                                                           obstruction whatsoever                                                           in the path of the development                                                           of                                                           those units of local                                                           self-government which                                                           will enjoy power                                                           for managing their own                                                           affairs, and therefore                                                           that criticism also                                                           seems to me to be                                                           without any                                                           foundation.
                                                               One                                                           word more, Sir, and I                                                           have done. I was rather pained                                                           to see                                                           that my esteemed                                                           friend, Mr. T. T.                                                           Krishnamachari, and                                                           my respected elder,                                                           Pandit Lakshmi Kanta                                                           Maitra, have                                                           taken our efforts, in                                                           the direction of                                                           trying to give a                                                           national language,                                                           with suspicion and                                                           even with a little                                                           sense of exasperation.                                                           I tender to my friend,                                                           Mr. T. T.                                                           Krishnamachari, a                                                           thousand apologies if                                                           that impression has been created. May I                                                           tell the House that                                                           those of us who feel that there should be a                                                           national language,                                                           that there should be a                                                           common medium by which                                                           we may be in a                                                           position ultimately to                                                           exchange our ideas and                                                           to express ourselves -                                                           this  lingua Indica                                                           should be Hindi in our                                                           opinion - that certainly                                                           does not                                                           mean that we wish to                                                           tread upon the toes of                                                           any friends of ours.                                                           No provincial language                                                           can come to grief if                                                           those friends                                                           co-operate with us in                                                           evolving a national                                                           language. In trying to                                                           give a common language                                                           to the nation, our                                                           efforts are not with a                                                           view to exasperating                                                           any                                                           friends. We want sympathisers from                                                           every quarter. We want                                                           the whole group from                                                           the Dakshina to come                                                           to our rescue and to                                                           help us in our efforts                                                           to give a national                                                           language to this                                                           ancient land of ours.                                                           Thanks.
                                                               Pandit                                                           Thakur Dass Bhargava                                                           (East Punjab: General                                                           ):(Began in                                                           Hindustani).
                                                               Shri                                                           S. Nagappa                                                                                                                      (Madras: General):                                                           Sir, may I request                                                           that                                                           those of the members                                                           who can express                                                           themselves in English                                                           should speak in                                                           English?
                                                               Pandit                                                           Thakur Dass Bhargava:                                                           Since my friends                                                           insist that I should                                                           speak in English, I                                                           bow to their wishes.                                                           It is true that I am                                                           able to express myself                                                           with greater ease in                                                           Hindi but at the                                                           same time I do wish                                                           that I should be                                                           understood by all                                                           the members of the                                                           House.
                                                               Sir,                                                           I wish to join in the                                                           chorus of praise which                                                           has been showered in                                                           this House on the                                                           Drafting Committee,                                                           but I cannot do so                                                           without reservation.                                                           When I bear in mind the complaints                                                           made by                                                           some friends here, I                                                           do feel that the                                                           Drafting Committee                                                           has not done what we                                                           expected it to do. Some                                                           of the members were                                                           absent, some did not                                                           join, some did not fully apply their                                                           minds. In regard to                                                           the financial provisions,                                                           what do we find? They                                                           have shirked the question and                                                           have not                                                           given us any solution                                                           whatsoever with regard                                                           to some other questions                                                           also. The real soul of                                                           India is not represented                                                           by this                                                           Constitution, and the                                                           autonomy of the villages                                                           is not                                                           fully delineated here                                                           and this camera                                                           (holding out the                                                           Draft Constitution)                                                           cannot give a true                                                           picture of what                                                           many people would like                                                           India to be. The                                                           Drafting Committee                                                           had not the mind of                                                           Gandhiji, had not the                                                           mind of those who                                                           think that India's                                                           teeming millions                                                           should be reflected                                                           through this camera.                                                           All the same, Sir, I cannot                                                           withhold my                                                           need of praise for the                                                           lab our, the industry and the ability with                                                           which Dr. Ambedkar has                                                           dealt with this                                                           Constitution. I                                                           congratulate him on                                                           the speech that he made                                                           without necessarily                                                           concurring with him in                                                           all the sentiments that                                                           he expressed before                                                           this House.
                                                               I                                                           think, Sir, that the                                                           soul of this                                                           Constitution is contained                                                           in the Preamble and I am glad                                                           to express my sense of                                                           gratitude to Dr.                                                           Ambedkar for having                                                           added the word 'fraternity' to                                                           the Preamble. Now,                                                           Sir, I want to apply the touch-stone of this                                                           Preamble to the entire                                                           Constitution. If                                                           Justice, Liberty,                                                           Equality and                                                           Fraternity are to be                                                           found in this Constitution, if we                                                           can get this ideal                                                           through this                                                           Constitution, I                                                           maintain that the                                                           Constitution is good.                                                           In so far as these four                                                           things which are                                                           contained in the                                                           Preamble are                                                           wanting, then I am                                                           bound to say that the                                                           Constitution is                                                           wanting, and from this                                                           angle I want to judge                                                           the Constitution.                                                           I know that time is                                                           very limited and I cannot                                                           touch upon                                                           everything. I wish to                                                           speak about only three                                                           or four subjects.
                                                               In                                                           the first place, I                                                           would like to draw the                                                           attention of the House                                                           to Part                                                           II-Citizenship. There                                                           are about 60 lakhs of                                                           people or more who                                                           have come from Western                                                           Pakistan, Sind,                                                           Baluchistan and East                                                           Bengal. These people                                                           are not aliens. If                                                           technically they are                                                           regarded as aliens, I                                                           do maintain that it is                                                           a sin to do so,                                                           because this situation                                                           has been                                                           brought about by the                                                           Government who agreed                                                           to partition. Therefore                                                           to make a law that                                                           each one of them                                                           should                                                           go before a District                                                           Magistrate within one                                                           month and declare that                                                           he or she is a citizen                                                           of India is rather hard. In                                                           practice, I                                                           know it will be                                                           impossible as most of                                                           these 60 lakhs of                                                           people are illiterate                                                           and do not know anything about                                                           this                                                           provision in the                                                           Constitution. If any                                                           such illiterate man                                                           fails to register                                                           himself as a citizen under this                                                           article,                                                           what would happen to                                                           him? Therefore I maintain that                                                           this is a                                                           very serious flaw in                                                           Part II. We ought to                                                           see that all these                                                           persons who have come                                                           from Pakistan on account                                                           of this                                                           Government agreeing to                                                           partition automatically                                                           become citizens of                                                           India without any                                                           effort on their part.                                                           If they want to secure                                                           themselves by making a                                                           declaration, I have                                                           no objection, but in                                                           case they fail to comply                                                           with this                                                           provision, I maintain                                                           that we should have a                                                           provision that mere                                                           permanent residence                                                           entitles them to full citizenship rights. To                                                           insist that they can                                                           only become citizens after they have gone                                                           to a District                                                           Magistrate and made a                                                           declaration that they                                                           want to be citizens of                                                           India is, in my                                                           opinion, an act of                                                           tyranny on them.
                                                               I                                                           therefore submit that                                                           this clause should be amended in                                                           such a way                                                           that those 60 lakhs of                                                           people may become citizens                                                           of                                                           India without any                                                           special effort on                                                           their part.
                                                               Secondly,                                                           I beg to submit that                                                           in regard to the question                                                           of                                                           minorities, as you                                                           know, Sir, I have been                                                           taking the very same                                                           position which you                                                           have been taking in the Minority                                                           Committee                                                           and I must say that                                                           you yourself have been                                                           a sort of beacon light                                                           to me and to others                                                           who thought like you.                                                           In regard to this                                                           question, I beg to                                                           submit that under the                                                           third clause of the                                                           Preamble equality of status and                                                           of liberty                                                           will be given to all.
                                                               In                                                           regard to the majority                                                           community - Sir, there                                                           will be either single                                                           constituencies or                                                           plural constituencies.                                                           In regard to single                                                           constituencies my                                                           submission is that if                                                           a member                                                           of a minority                                                           community will stand                                                           for those constituencies                                                           the members of the                                                           majority community will not                                                           be allowed to                                                           stand. This means that                                                           the electoral right of                                                           the member of the                                                           majority community                                                           will not be equal to                                                           the electoral right                                                           of the minority                                                           community. Again if they had                                                           plural                                                           constituencies even                                                           then I maintain, it is                                                           very humiliating for                                                           any person to stand                                                           and secure the largest                                                           number of votes                                                           and then to be told                                                           that another person of                                                           a minority community                                                           will represent that                                                           constituency and no the                                                           who secured the                                                           largest number of                                                           votes. It is extremely humiliating                                                           and I want that in                                                           regard to the                                                           electoral right there should be perfect                                                           equality among the                                                           members of the                                                           minority                                                           community and the                                                           majority community.
                                                               Sir,                                                           I have been a worker                                                           all my life for the welfare of                                                           the minority                                                           community people. For                                                           the last 35 years I                                                           have been a worker                                                           and all those who                                                           belong to minority communities                                                           know that I have never                                                           made a speech on the occasion                                                           of budget                                                           when I have not                                                           submitted to this House that                                                           in regard to                                                           posts, lands, money,                                                           property, the members of                                                           the                                                           Scheduled castes                                                           should be given                                                           preference and priority                                                           and I do maintain it                                                           is necessary to pass such measures                                                           as will                                                           level up their                                                           economic and social equality.
                                                               I                                                           am in favour of                                                           Clauses 299 and 300                                                           which provide sufficient                                                           safeguards for them,                                                           but in regard to this aspect of                                                           reservation                                                           of seats, I must                                                           submit that I am dead opposed                                                           to it.                                                           When weightage was                                                           sought to be given to the Anglo-Indians we                                                           made an effort to see                                                           that this weightage                                                           question is                                                           not introduced into                                                           our Constitution and we succeeded                                                           ultimately                                                           and by nomination any                                                           deficiency in the number                                                           of                                                           Anglo-Indians was                                                           sought to be made up                                                           and we have got section                                                           293 and other sections                                                           where nomination has been impressed                                                           upon to                                                           make up deficiencies,                                                           if any. Now, Sir, I maintain                                                           that in                                                           regard to Muhammadans and Sikhs                                                           and Christians no                                                           occasion for                                                           reservation arises at                                                           all and the entire population is almost                                                           homogeneous, so far as                                                           wealth, social influence and status                                                           and other things are concerned. In                                                           fact some                                                           of these communities                                                           are perhaps better off than                                                           the majority                                                           community. In regard                                                           to Harijans, members of                                                           the Scheduled castes                                                           it may be said that in                                                           wealth, social influence and social                                                           status they are                                                           inferior, but all the                                                           same I want that their                                                           position may be                                                           levelled up in ways                                                           other than by                                                           reservation of seats.                                                           In regard to this right                                                           also I am agreeable                                                           that if there is any deficiency                                                           in any                                                           number according to                                                           section 67, then we will                                                           have recourse                                                           to nomination and by                                                           nomination the number may be made up if this                                                           House thinks that                                                           their right should be                                                           secured in this                                                           respect. There is no                                                           occasion for having reservations at all                                                           but if any are                                                           necessary this method of reservation is very                                                           humiliating to the majority community                                                           and                                                           will be very harmful                                                           to the minority community.                                                           Yesterday Mr. Karimuddin gave very                                                           good reasons in the                                                           House. In the                                                           Legislative Assembly                                                           Sardar Gurmukh Singh on                                                           behalf of the Sikhs                                                           said that he did not want reservations. I                                                           know that since August                                                           1947 the situation has                                                           changed and my Muslim                                                           friends and my Sikh                                                           friends are coming round to the view that                                                           the reservations are not useful                                                           for them. I                                                           wish that many of them                                                           expressed their minds.                                                           In regard to                                                           reservations therefore                                                           my position is that if                                                           reservations are                                                           thought to be                                                           necessary by this House,                                                           the reservation should                                                           be made only by                                                           nomination. We know how                                                           the Bureaucracy used                                                           this power of                                                           nomination, but in                                                           regard                                                           to a President who                                                           will be elected by the                                                           people. I do not think                                                           that such a                                                           misunderstanding or                                                           such a situation can                                                           arise. In regard to                                                           reservations the question of                                                           equality of                                                           status comes in the                                                           way and at the same time such                                                           a system                                                           tends to perpetuate                                                           the psychology of                                                           separation and the                                                           majority community is                                                           bound to consider that                                                           the reservation being                                                           there they are not                                                           bound to do anything further and the word                                                           fraternity which has been added                                                           in the last                                                           sentence by Dr.                                                           Ambedkar will lose its                                                           significance. If we                                                           want to abolish the                                                           sense of separation, it                                                           is necessary that we                                                           should not encourage                                                           the sense of separation                                                           by our own act. I                                                           therefore submit, Sir,                                                           that in regard to                                                           reservation I wish the                                                           House accepted the                                                           proposition which I                                                           am advocating from the                                                           very day in which I                                                           entered this House.
                                                               Some                                                           criticism has been                                                           made in this House                                                           that this Constitution                                                           is more political than                                                           social and economic in nature. Prof. K. T.                                                           Shah gave vent to his                                                           feeling yesterday and I                                                           for one respect every                                                           word of what he said,                                                           but may I humbly submit                                                           that in this                                                           Constitution we have                                                           got sections 32, 33, 38                                                           which deal with the                                                           social and economic aspect? Now, Sir, I do                                                           not want that we                                                           should have a Constitution which                                                           we                                                           may not be able to                                                           work; if this                                                           Constitution said that                                                           the State shall                                                           provide full                                                           employment and amenities and                                                           these                                                           rights given in the                                                           directive principles                                                           were also justiciable,                                                           we shall be                                                           stultifying ourselves                                                           and promising to do                                                           what we are unable to                                                           do at present as I do                                                           not think that the                                                           present Government of                                                           India is able to do                                                           what the other States                                                           in Europe can do. This                                                           Constitution very modestly                                                           says that                                                           we shall endeavour to                                                           the best of our ability                                                           to do what we claim to                                                           do. These directive principles                                                           have been spoken of                                                           disparagingly by some                                                           of the Members. I beg                                                           to submit that I                                                           regard these directive principles                                                           to                                                           be essence of this                                                           Constitution. They                                                           give us a target, they                                                           place before us our                                                           aim and we shall do all that                                                           we can to have                                                           this aim satisfied. In                                                           regard to this, sections                                                           32, 33 and some other                                                           sections provide                                                           social and economic basis for                                                           advancement.                                                           In regard to section                                                           38 it says that the standard                                                           of living                                                           shall be raised. But                                                           the question arises. How                                                           shall the                                                           standard of living be                                                           raised?
                                                               In                                                           India a poor country,                                                           where the average                                                           earning of a man is                                                           only five shillings a                                                           week, compared to other countries                                                           of the                                                           world where the                                                           earnings are at least twenty                                                           times as                                                           much, we do not know                                                           how to face this question. If we go                                                           to the villages, even                                                           drinking water is not easily available. In                                                           regard to clothing,                                                           you know better than I                                                           can describe. In                                                           regard to these                                                           matters, if we want really                                                           to place                                                           some sort of an                                                           obligation on the                                                           Government, let us                                                           say clearly that the                                                           Government shall have,                                                           as soon as it gets                                                           into full power, to                                                           undertake the execution                                                           of irrigation and                                                           hydro-electric                                                           projects by harnessing                                                           the rivers, by the                                                           construction of dams, and adopt                                                           other means                                                           of increasing the                                                           production of food and fodder. Similarly,                                                           we can say certainly                                                           that the Government should                                                           provide good drinking                                                           water in the country.                                                           If you want rivers of                                                           milk and honey to flow                                                           in India, we should                                                           also say that                                                           the Government shall                                                           preserve, protect and improve                                                           the useful                                                           breeds of cattle, and                                                           ban the slaughter of useful cattle,                                                           particularly milch                                                           cows and young calves. I                                                           am placing                                                           this humble submission                                                           before the House. I know that                                                           the Congress                                                           party unanimously                                                           accepted this proposition                                                           when                                                           it was put to the                                                           House by me at the time of                                                           their meeting.                                                           But, it was my                                                           misfortune that this thing could                                                           not be                                                           debated in this House;                                                           and when the occasion came, the                                                           House was adjourned. I                                                           submit that there is a                                                           very great demand in                                                           this country that some                                                           steps should be taken to                                                           see that                                                           people get good food,                                                           good drinking water and milk. I have used                                                           the words "useful                                                           breeds of cattle and useful                                                           cattle". I may                                                           say every Government                                                           in India, even the Muslim Kings, the                                                           Government of                                                           Afghanistan, and even                                                           now Burma, have                                                           settled this thing by                                                           law for all time. In Burma, today, which                                                           has got no religion                                                           like ours, who do not                                                           regard the cow as                                                           sacred,                                                           they have enacted that slaughter                                                           of cows                                                           shall be banned. I do                                                           not want that. What I want is that the                                                           slaughter of useful                                                           cattle shall be banned.                                                           That is my humble                                                           submission to this                                                           House and I think nobody will disagree.                                                           This would, at the                                                           same time, give satisfaction to crores                                                           of people who regard this question                                                           from a                                                           different motive,                                                           though I do not regard                                                           it from that motive.
                                                               I                                                           have to make one other                                                           submission to the                                                           House and it is this.                                                           We have heard too much                                                           about the village                                                           panchayats. How                                                           these village                                                           panchayats will work I                                                           do not know. We have                                                           got a conception and                                                           that conception we try                                                           to put into practice. I                                                           wish to submit to this                                                           House for their very serious consideration                                                           that when the                                                           constituencies come to                                                           be formed under the                                                           new Constitution, they                                                           should make territorial                                                           constituencies; they                                                           should not make constituencies                                                           of                                                           cities alone and they                                                           should not make constituencies                                                           of                                                           villages alone. They                                                           should evolve a system                                                           by which the                                                           differentiation                                                           between the rural and                                                           urban people,                                                           between those who have                                                           too much and who have too                                                           little may for                                                           all time be removed,                                                           so that we may evolve                                                           one nation. In my                                                           visit to England just                                                           now, I found when an                                                           application goes to                                                           the Government for                                                           starting a new factory,                                                           they say, "go to                                                           the villages, we shall                                                           not allow any more                                                           factories in                                                           London". I want                                                           all the factories should be so                                                           established in India                                                           that for the villages or for groups of                                                           villages some sort of employment may                                                           be                                                           provided. The                                                           industries should be                                                           decentralised as much as the administration                                                           should be                                                           decentralised. The                                                           disparity between                                                           the mode of living of                                                           the rural people and the                                                           urban people                                                           must be abolished if                                                           we want to evolve one                                                           nation. At the                                                           present time, what do                                                           we find? The urban people                                                           and the                                                           rural people are so                                                           much apart from each                                                           other in their                                                           modes of living and                                                           outlook on life. To go                                                           near the villages is                                                           very difficult. The                                                           urban people do not                                                           like to go to the                                                           villages. I know the                                                           Congress has gone to                                                           the villages all                                                           honour to the                                                           Congress. But, there                                                           are a good many in the                                                           Congress also who do                                                           not wish to go to the villages; they                                                           cannot                                                           go because their mode                                                           of living is                                                           different. You will                                                           have to evolve such                                                           constituencies in                                                           which the cities and                                                           villages come in                                                           without any                                                           distinction; if there                                                           is a constituency for                                                           a lakhs of the                                                           population, the cities                                                           and villages should be                                                           included in one constituency. Some                                                           of                                                           the village people                                                           themselves may not                                                           like the urban people coming in, and will                                                           regard this                                                           proposition as a                                                           contrivance for                                                           usurpation of their                                                           preserve but in making this                                                           proposal I                                                           have the best                                                           interests of the                                                           country as a whole                                                           before myself. I wish                                                           that the amenities of                                                           life may be the same                                                           everywhere in city as                                                           well as in village and                                                           in future all efforts                                                           be concentrated                                                           financially and politically                                                           to                                                           bring the village into                                                           line with the city. I                                                           hope if you will                                                           ponder over this                                                           question, you will                                                           agree that it is                                                           essential to work this                                                           constitution in such a                                                           manner and in such a                                                           spirit as will conduce                                                           to better life and better happiness of                                                           the nationals of this                                                           country.
                                                               Shri                                                           H. V. Kamath (C. P.                                                           and Berar: General):                                                           On a point of order,                                                           Sir, may I ask whether                                                           it is fair to this House                                                           that Dr.                                                           Ambedkar who has moved                                                           this motion and who is                                                           expected to reply,                                                           to the debate should                                                           remain absent from the                                                           House? Is anybody                                                           deputising for him                                                           here ?
                                                               Mr.                                                           Vice-President:  Yes.
                                                               Shri                                                           Algu Rai Shastri                                                           (United Provinces:                                                           General):*[Mr.                                                           President, Sir, the                                                           point raised by Shri                                                           Kamath just now appears                                                           to be quite sound                                                           because so long as the                                                           member in charge does                                                           not benefit from the                                                           speeches that are being delivered                                                           and                                                           does not pay attention                                                           to whatever is being                                                           said in the                                                           House, it is futile to                                                           have a discussion. Therefore,                                                           I request that so long                                                           as he is unable to be                                                           present here, the                                                           discussion should be                                                           postponed. However, if                                                           he has authorised some                                                           one else to note down                                                           whatever is said here                                                           and then to help him,                                                           there would be no harm                                                           done. Otherwise the                                                           whole discussion that                                                           is being held appears                                                           to be a mere waste of                                                           breath and will not be                                                           of any use in amending                                                           the Constitution.
                                                               You                                                           should, therefore,                                                           give a clear ruling                                                           that if there is to be                                                           a discussion, the                                                           member in charge, who is piloting                                                           the Draft,                                                           should be present here                                                           or some representative                                                           of his should be here.                                                           So long as this is not arranged, the                                                           discussion should be                                                           postponed.]*
                                                               Shri                                                           Satyanarayan Sinha                                                            (Bihar: General): Mr.                                                           Saadulla who was in the                                                           Drafting Committee is                                                           here and he represents                                                           Dr. Ambedkar.
                                                               Mr.                                                           Vice-President:  There                                                           are members of the                                                           Drafting Committee                                                           here who are                                                           deputising for the                                                           Honourable Dr.                                                           Ambedkar.                                                           I think that our                                                           requirements are                                                           fairly met. I hope this                                                           will satisfy the                                                           House.
                                                               Shri                                                           Lala Raj Kanwar (Orissa                                                           States): Sir, as a                                                           back-bencher and as                                                           one who has generally                                                           been a silent Member of this                                                           House, I crave                                                           your indulgence and                                                           the indulgence of this                                                           august Assembly to                                                           make a few                                                           observations for what they                                                           are worth. My                                                           observations, if I may                                                           say so, will be confined                                                           to only one                                                           aspect, albeit a very                                                           important aspect, of                                                           the problem that we                                                           are called upon to                                                           tackle, namely the question                                                           of                                                           national language.
                                                               Mr.                                                           Vice-President: It is                                                           for you to consider                                                           whether a detailed                                                           examination of that is                                                           necessary now.
                                                               Shri                                                           Lala Raj Kanwar: I am                                                           not going into the details; I                                                           shall                                                           confine myself to                                                           general observations.                                                           The Constitution is                                                           bound to reflect the                                                           will of the people and the                                                           voice of the                                                           people and I believe,                                                           therefore, the voice of                                                           God, as the Latin                                                           saying goes,  vox                                                           populi, vox Dei. It means                                                           that it is not                                                           a question of the                                                           language of the                                                           Constitution, but the                                                           language of the nation                                                           and the country at                                                           large. Sir, in the                                                           Upanishads, which are                                                           the repository                                                           of concentrated wisdom                                                           and divine knowledge, and about                                                           which the                                                           great German                                                           Philosopher                                                           Schopenhauer said that                                                           "in the whole                                                           world there is no                                                           study so elevating as that                                                           of the                                                           Upanishads, which has                                                           been the solace of my life and                                                           which will be                                                           the solace of my                                                           death", it is                                                           written:
As one thinks from the mind, so he speaks from the mouth;as one speaks from the mouth, so he acts;as one acts, so he becomes. That is, the deeds proclaim the man.
                                                               Language                                                           is the outward                                                           expression of our innermost thoughts                                                           and                                                           a common national                                                           language is a prime                                                           necessity as it makes                                                           for unity and cohesion                                                           in a manner in which no other                                                           single factor                                                           does. As in the case                                                           of redistribution of                                                           provincial boundaries,                                                           there is an outcry in                                                           favour of some of the                                                           provincial languages                                                           struggling for supremacy. This                                                           is only                                                           natural but there                                                           should be no antagonism between                                                           one                                                           language and another.                                                           Whether the provinces                                                           should be                                                           formed on linguistic                                                           basis or some other                                                           basis or should be left                                                           intact has nothing to                                                           with the question of national                                                           language -                                                           the  lingua franca of                                                           the country. That the                                                           Government of the day                                                           can give a great lead                                                           in this matter goes                                                           without saying.                                                           Witness the case of English which                                                           under the                                                           domination of our late                                                           foreign masters                                                           practically                                                           became the  lingua                                                           franca  throughout the                                                           length and breadth of                                                           this vast country. But                                                           in order to be the                                                           national language                                                           it should not only be                                                           the language of the                                                           intelligentsia but                                                           of the common people.                                                           It should be a                                                           language                                                           which should be spoken                                                           and understood by all classes                                                           of people                                                           and by the majority of                                                           them. Considering the huge population of                                                           India we find that of                                                           the provincial languages                                                           such as Bengali,                                                           Marathi, Gujarati,                                                           Punjabi, Telugu or                                                           Oriya, none of them is                                                           spoken or understood                                                           by the great majority                                                           of the people of India                                                           and the only language                                                           that can lay                                                           claim to a great                                                           extent to this                                                           position is Hindi which                                                           is spoken not only in                                                           Upper India but in C.                                                           P., Rajputana, Bihar                                                           and various other                                                           tracts. But the spoken Hindi                                                           is not the                                                           Sanskritised Hindi of                                                           Scholars and the                                                           intelligentsia -                                                           for after all what is                                                           their percentage as compared                                                           to the huge                                                           population of the                                                           country - but a Hindi full                                                           of short,                                                           sweet and simple                                                           words, the pure,                                                           chaste and                                                           unadulterated Hindi                                                           spoken by the great                                                           majority of the people                                                           and which the                                                           uneducated people, the                                                           womenfolk and the                                                           children make full use                                                           of and speak freely                                                           and frankly. Although Sanskrit is the mother                                                           of most of the Indian languages                                                           - the languages not                                                           only of India but also                                                           of the World - and                                                           although it is the                                                           language par                                                           excellence in which our                                                           Vedas, Upanishads,                                                           Shastras, the Ramayan                                                           and Mahabharat and the                                                           Immortal Gita are                                                           written and although in the                                                           words of Sir                                                           William Jones, the                                                           great Orienta list, "Sanskrit                                                           is more perfect than                                                           Greek, more copious than Latin                                                           and sweeter                                                           than Italian",                                                           still it is not the language                                                           of the                                                           common people and so                                                           it is not desirable that                                                           we                                                           should draw upon it                                                           for our daily                                                           requirements in Hindi.                                                           Moreover Sanskrit has                                                           been a dead language for several                                                           centuries                                                           like Latin, Greek and                                                           Hebrew, and in spite of                                                           the marvels of the                                                           marvellous and                                                           inimitable Ashtadhyayi                                                           of Panini,                                                           the greatest                                                           Grammarian of the                                                           world, Sanskrit is                                                           most                                                           difficult to learn.                                                           The test of a national                                                           language should be its                                                           simplicity, and that                                                           it should be easily understood                                                           by                                                           everybody in the                                                           country. Now nobody                                                           can deny that the                                                           Sanskrit Alphabet is                                                           the most perfect and                                                           scientific in the                                                           World and it is also                                                           very natural and not unlike                                                           the                                                           alphabets of other                                                           languages. For example                                                           the very first letter                                                           of its alphabet is a.                                                                                                                      The mouth automatically                                                           opens when you have to                                                           utter this and the sound                                                           represented                                                           by it is the very                                                           first sound which one                                                           hears when the                                                           mouth is opened.                                                           Similarly when the last letter                                                           of the                                                           Sanskrit alphabet,                                                           that is  m is uttered the mouth                                                           is                                                           automatically shut,                                                           which means that it is                                                           rightly the last letter                                                           of the alphabet,                                                           although I do not forget that                                                           m in a sense                                                           is not the last letter                                                           of the Devanagri alphabet                                                           because it is followed                                                           by other letters like ya                                                           ra la va but they                                                           are variations                                                           of other letters. For                                                           instance ya is a variation                                                           of e, ra                                                           is a variation of ree,                                                           la is a variation of                                                           lree, va                                                           is a variation of oo. On                                                           account of the                                                           perfection of the Sanskrit alphabet,                                                           Hindi which is spoken                                                           by the great majority                                                           of the people in this                                                           country, should when                                                           reduced in writing, be                                                           written in Devanagri                                                           script (Cheers).                                                           Sometime ago a move was                                                           made to evolve what is                                                           known as basic                                                           English. If some such steps could be taken                                                           with regard to Hindi,                                                           it would be much easier                                                           for other people who                                                           do not at present speak Hindi                                                           or write                                                           Hindi to learn it in                                                           the minimum of time.                                                           In view of the position                                                           hitherto and at                                                           present occupied by Urdu                                                           written in the                                                           Persian script and in                                                           view of the fact that it is the language                                                           generally used by our Muslim brethren                                                           who                                                           number nearly 3 1/2 or                                                           4 crores in this                                                           country and who are                                                           scattered throughout                                                           the length and breadth                                                           of this country, and in                                                           view of its intrinsic                                                           merit that its script is a sort of                                                           shorthand, I think it                                                           is desirable that we should pay some                                                           attention to Urdu also                                                           but of course it can                                                           never be and there is                                                           no reason why, it                                                           should be the primary                                                           language of the                                                           Nation. The national                                                           and official language should of course be                                                           Hindi written in the                                                           Devanagri script but                                                           the second language                                                           should in my opinion                                                           be Urdu because it is a                                                           sort of shorthand and                                                           takes much lesser time to                                                           write and                                                           occupies much lesser                                                           space than other languages. For                                                           example take the word                                                           'Muntazim' which in                                                           Urdu is written as                                                           if it were one                                                           compound letter, but                                                           if you write in Hindi                                                           in Devnagri script or                                                           Roman English it will consist of 7 or 8                                                           distinct letters.                                                           Similar instances are 'Muntazir,                                                           Muntashir, Muntakhib'                                                           and hundreds of other similar                                                           combinations of                                                           letters which at                                                           present form unitary words. So I think that                                                           in view of the fact                                                           that Urdu is at present                                                           spoken by an                                                           appreciable number of                                                           people in this country                                                           and especially in big                                                           cities like Delhi,                                                           Agra, Lucknow and other                                                           places, and the                                                           countryside round about Delhi, and other                                                           large centres of                                                           population in Northern India                                                           and it                                                           possesses certain                                                           advantages in as much                                                           as                                                           it is a sort of                                                           shorthand, I submit                                                           that we should treat                                                           it as the second language of the                                                           country. Moreover, if                                                           we adopt it as a second                                                           language, it will be a                                                           gesture of good-will towards the                                                           Muslim                                                           population who, as I                                                           have already said,                                                           number no less than 3                                                           1/2 to 4 crores. And                                                           in a secular State we will do                                                           well to make                                                           such a gesture.                                                           However much we may                                                           feel the consequences of the partition and                                                           the holocaust that followed                                                           in its                                                           wake we should take a                                                           realistic view of things,                                                           for after all we                                                           cannot build on anger,                                                           vengeance or retribution.                                                           Although I happen to                                                           represent a distant                                                           part of India at the                                                           moment, namely the                                                           Orissa States, I am a Punjabi, and like                                                           most Punjabis have                                                           suffered grievously in                                                           a variety of ways on                                                           account of the                                                           partition, but that should                                                           not make me                                                           forgetful of our duty                                                           towards the country. We                                                           should also not forget                                                           that the Father of the Nation                                                           during his                                                           life-time freely and unreservedly expressed                                                           himself in favour of                                                           Hindustani, and in expressing this                                                           opinion                                                           he was never                                                           depressed; on the                                                           other hand he was                                                           always impressed with                                                           the reality of the                                                           situation and the                                                           necessity and the                                                           correctness of this                                                           view.
                                                               One                                                           other suggestion that                                                           I should like to make                                                           in all humility is that                                                           in framing our                                                           Constitution we should invoke                                                           God's                                                           blessings as is done                                                           by every householder when he                                                           performs some                                                           big ceremony or when                                                           some great  Yajna has to                                                           be performed. And what                                                           greater  Yajna could                                                           there be than this in                                                           the new India that is                                                           born after so much                                                           travail? I therefore suggest that at the                                                           commencement of the                                                           Constitution we should                                                           say that we invoke                                                           God's blessings in this                                                           holy task, and at the                                                           end of the Preamble                                                           also we should use some                                                           such words as "So                                                           help us God". At                                                           a time of great trial                                                           facing his country Rudyard Kipling                                                           devoutly wrote:
Lord God of gods,Be with us yet,Lest we forget, Lest we forget.I trust this suggestion of mine will be considered by this Honourable House.
                                                               Before                                                           I resume my seat I                                                           should like to add my tribute to                                                           the chorus                                                           of praise showered on                                                           the Honourable the Law Minister, Dr.                                                           Ambedkar, Chairman of                                                           the Drafting Committee, for                                                           the                                                           excellent speech made                                                           by him while moving                                                           for the consideration of the Draft                                                           Constitution. For                                                           lucidity and clarity of                                                           exposition and                                                           expression it could                                                           hardly be surpassed.                                                           Both he and his co-adjutors                                                           are entitled to our best                                                           gratitude for                                                           the very strenuous                                                           work they have done in preparing                                                           the Draft                                                           Constitution. Sir, I                                                           thank you forgiving me                                                           this opportunity of                                                           making my submission.
                                                               Shri                                                           Yudhisthir Mishra (Orissa                                                           States): Mr.                                                           Vice-President, Sir, I                                                           have been called upon                                                           to speak at this                                                           fag-end                                                           of the morning session                                                           and I shall try to                                                           finish it as soon as                                                           possible. I want to                                                           submit a few points                                                           for the consideration of this Assembly. The                                                           first thing is that in the                                                           whole of the                                                           Draft Constitution                                                           there is no provision for                                                           the                                                           economic independence                                                           of the country. So                                                           long we had been fighting for the                                                           political independence                                                           of the country, and times without number,                                                           our leaders have said                                                           that we shall try to                                                           establish in this                                                           country such a                                                           Constitution as will                                                           provide for the                                                           economic independence                                                           of the country. But I                                                           am sorry to say that                                                           nothing of the kind has-been                                                           done. There is                                                           nothing for the                                                           common people to be                                                           secure about their                                                           future. There is                                                           nothing in this Draft                                                           Constitution which                                                           provides them full                                                           opportunities for their                                                           growth in the future.                                                           The Constitution                                                           should firstly provide                                                           that all the lands,                                                           machinery and all                                                           other means of production                                                           and                                                           products thereof will                                                           be owned and                                                           controlled by the State                                                           in the interests of                                                           the people.
                                                               Secondly,                                                           the State should                                                           provide for every man and woman                                                           work                                                           according to his or                                                           her capacity and                                                           ability and supply the                                                           people with materials                                                           and goods according to                                                           their needs and                                                           requirements.
                                                               Thirdly,                                                           the production of                                                           goods should be determined and                                                           regulated according to                                                           the needs of the                                                           people. The Draft Constitution does not                                                           give any guarantee for                                                           the nationalisation of                                                           the wealth within a                                                           reasonable time; and                                                           it                                                           does not say anywhere                                                           that every man and                                                           woman should be provided                                                           with work                                                           in this country.
                                                               The                                                           second submission I                                                           would like to make is about civil                                                           liberty.                                                           The Draft Constitution                                                           provides that a person                                                           can be detained                                                           without trial in the                                                           interests of the                                                           state. I do not                                                           understand what is                                                           meant by "in the                                                           interests of the                                                           state". You have                                                           been seen, in the last                                                           few months, from January                                                           and                                                           thereafter, what is                                                           meant by detention without trial. In the                                                           various High Courts it                                                           has been held that the detention                                                           which has                                                           been ordered by the                                                           various Provincial Governments                                                           was                                                           in some cases illegal.                                                           When there is the law of                                                           the land to be                                                           applied to different                                                           individuals, I do not understand                                                           why                                                           there should be any                                                           provision at all for detention                                                           without                                                           trial. We fought                                                           against this during the time                                                           of the British                                                           Government, and I do                                                           not see any reason why                                                           this provision should                                                           be retained now also.                                                           Of course this principle has been                                                           agreed to by this                                                           Assembly while adopting                                                           the principles for the                                                           Constitution. But I                                                           would submit that this                                                           view should be changed                                                           and that the provision                                                           which has been given a                                                           place in the Draft                                                           Constitution should be                                                           amended.  
                                                               The                                                           third submission I                                                           would like to make is                                                           about States, the                                                           Rulers of which have                                                           ceded their jurisdiction and                                                           power                                                           to the Central                                                           Government. The                                                           provision which has                                                           been                                                           made in the                                                           Draft Constitution is                                                           beyond the terms of reference                                                           given to                                                           the Drafting                                                           Committee. I do not understand                                                           why the                                                           Drafting Committee has                                                           gone beyond the terms of reference and has                                                           gone beyond the wishes                                                           of the people of the                                                           States who have come under the                                                           administration of the                                                           Government of India, and                                                           adopted a                                                           Constitution which is                                                           not at all demanded or liked                                                           by the people                                                           of the States. I would                                                           therefore say that Article 212 which has                                                           also been applied with                                                           respect to the States                                                           who have merged with                                                           the Provinces should                                                           be amended and that the                                                           wishes of the people                                                           should be respected in                                                           that regard. Of                                                           course, in due time the amendments                                                           will be                                                           moved, and I hope the                                                           House will accept the same.
                                                               With                                                           these words, Sir, I                                                           command the Draft Constitution for                                                           the                                                           consideration of the                                                           House.
                                                               Mr.                                                           Vice-President: I am                                                           glad to announce to                                                           the Honourable Members                                                           that the President has                                                           agreed that in deference                                                           to the                                                           wishes of the House,                                                           we shall have another day, that is                                                           Monday, for general                                                           discussion.
                                                               The                                                           Assembly then                                                           adjourned for lunch,                                                           till Three of the                                                           Clock.
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                                                               The                                                           Assembly re-assembled                                                           after lunch at Three                                                           of the Clock, Mr.                                                           Vice-President (Dr. H.                                                           C. Mookherjee) in the Chair.
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                                                               Shri                                                           H. V. Kamath: Will you                                                           be so good as to direct that......
                                                               Mr.                                                           Vice-President (Dr. H.                                                           C. Mookherjee): Will                                                           the Honourable Member                                                           kindly resume his                                                           seat?
TAKING                                                           THE PLEDGE AND SIGNING                                                           THE REGISTER
The following member took the Pledge and signed the Register:Shri Ratna Lal Malaviya (C. P. and Berar States).MOTION re DRAFT CONSTITUTION-Contd.
                                                               Mr.                                                           Vice-President: We                                                           will now resume the                                                           debate.
                                                               Shri                                                           H. V. Kamath: Will you                                                           be so good as to direct that                                                           a copy of                                                           Dr. Ambedkar's speech                                                           introducing the Draft                                                           Constitution be                                                           supplied to every                                                           Honourable Member with                                                           the least possible                                                           delay?
                                                               Mr.                                                           Vice-President: I                                                           understand that the                                                           speech of the                                                           Honourable Dr.                                                           Ambedkar will have to                                                           be cyclostyled. This will                                                           be done as                                                           quickly as possible                                                           and possibly copies will be                                                           made available                                                           to the Members either                                                           this evening or                                                           tomorrow morning.
                                                               We                                                           will now resume the                                                           debate.
                                                               Prof.                                                           Shibban Lal Saksena                                                            (United Provinces:                                                           General) :Mr.                                                           Vice-President.....
                                                               Shri                                                           B. Das (Orissa:                                                           General): Are you                                                           allowed to speak twice                                                           on this motion?
                                                               Prof.                                                           Shibban Lal Saksena:                                                           No. Formerly I spoke                                                           on the amendment of                                                           Seth Damodar Swar up. I                                                           have not yet spoken on the                                                           motion moved by                                                           Dr. Ambedkar.
                                                               Mr.                                                           Vice-President, we are                                                           today called upon to discuss the                                                           principles                                                           underlying our Draft                                                           Constitution. To begin                                                           with, I must                                                           congratulate the                                                           learned Doctor who has                                                           placed this motion                                                           before us. I have read                                                           the speech, which he delivered, several                                                           times and I think it                                                           is a masterpiece of                                                           lucid exposition of                                                           our Constitution. I                                                           certainly think that there                                                           could not                                                           have been an abler                                                           advocacy for the Draft                                                           Constitution. But I                                                           would like to say                                                           something about the principles                                                           incorporated in the                                                           Constitution.
                                                               Sir,                                                           this Draft                                                           Constitution has                                                           accepted, as he himself                                                           said, the democratic                                                           Government of England                                                           as the model and has                                                           rejected the American                                                           system of Government.                                                           I personally                                                           have tried                                                           to compare both and to                                                           weigh which is better.                                                           I personally think                                                           that our country's                                                           need at present is for                                                           a stable State. I                                                           think what we require                                                           first is stability of                                                           Government. I                                                           therefore think that                                                           we should have opted                                                           for the system which                                                           prevails in America. A                                                           President elected                                                           by adult suffrage                                                           should be in charge of                                                           the Nation and he                                                           should have the right                                                           to choose his executive                                                           to carry on the                                                           administration, and                                                           the judiciary should be                                                           independent of the                                                           executive. I                                                           personally think that stability of                                                           Government is the                                                           first need of the Nation                                                           today. There                                                           are already tendencies                                                           which are fissiparous. There                                                           is                                                           the demand for                                                           linguistic provinces                                                           and for                                                           re-distribution of the                                                           provinces. We have                                                           also seen quarrels about                                                           the                                                           division of powers                                                           between the units and                                                           the Centre. All these                                                           tendencies are                                                           natural. But if we had                                                           modelled our                                                           Constitution on the                                                           American example and had adopted                                                           their                                                           system of election, I                                                           think it would have                                                           met our needs better.                                                           Therefore, in one                                                           fundamental respect I beg                                                           to differ from Dr.                                                           Ambedkar who has opted                                                           for the British model.                                                           The British system                                                           works admirably. But                                                           that is the result of                                                           seven hundred years'                                                           experience and training. Besides, I                                                           think there are two                                                           special features of British life                                                           which                                                           enable them to keep                                                           their system going.                                                           There are no fissiparous tendencies                                                           and the loyalty to one                                                           King is a strong                                                           binding force.                                                           Secondly, in every                                                           Englishman, respect for                                                           his Constitution is                                                           ingrained. In our own                                                           country, I personally feel that the American                                                           system would be better. There                                                           will be                                                           less corruption and we                                                           can grow to our full stature                                                           much                                                           better under that                                                           system than we can do under the                                                           system                                                           recommended.
                                                               Then,                                                           Sir, Dr. Ambedkar has                                                           criticised the system of village                                                           panchayats                                                           which prevailed in                                                           India and which was envisaged                                                           by our                                                           elders to be an ideal                                                           basis for our                                                           Constitution. I was                                                           just now reading                                                           Mahatma Gandhi's speech in                                                           the 1931                                                           Round Table Conference                                                           in London. He was                                                           speaking about the                                                           method of election to                                                           the Federal Legislature.                                                           There he recommended                                                           that the villages should be                                                           the electoral                                                           units. He in fact gave                                                           fundamental importance                                                           to the village                                                           republics. He said                                                           that it was in villages                                                           that the real soul of                                                           India lived. I was really sorry                                                           that Dr.                                                           Ambedkar should                                                           express such views                                                           about the village                                                           panchayats. I am                                                           certain that his views                                                           are not the views of                                                           any other Members of                                                           this House. Let us see                                                           what Dr. Ambedkar has                                                           said about these                                                           village panchayats:
                                                               "Their                                                           part in the destiny of                                                           the country has been well described                                                           by                                                           Metcalfe himself who                                                           says:
                                                               'Dynasty                                                           after dynasty tumbles                                                           down. Revolution                                                           succeeds to revolution.                                                           Hindoo, Path an, Mogul,                                                           Maharashtra, 
Sikh, English, are all masters in turn but the village communities remain the same. In times of trouble they arm and fortify themselves. Any hostile army passes through the country. The village com-communities collect their cattle within their walls, and let the enemy pass unprovoked.'
                                                               Such                                                           is the part the                                                           village communities                                                           have played in the history of their                                                           country. Knowing this,                                                           what pride can one feel                                                           in them? That they                                                           have survived through all vicissitudes                                                           may be                                                           a fact. But mere                                                           survival has no value. The                                                           question is                                                           on what plane they                                                           have survived. Surely                                                           on a low selfish level.                                                           I hold that these                                                           village republics have                                                           been the ruination of                                                           India. I am therefore surprised that                                                           those                                                           who condemn                                                           provincialism and                                                           communalism should come                                                           forward as champions                                                           of the village. What                                                           is the village but a                                                           sink of localism and a                                                           den of ignorance, narrow-mindedness                                                           and communalism. I am                                                           glad that the Draft                                                           Constitution has                                                           discarded the village                                                           and adopted the individual                                                           as its                                                           unit."
                                                               I                                                           am certain that a very                                                           large majority of the                                                           House do not agree with                                                           this view of village                                                           republics. As one who has                                                           done work in                                                           villages and has                                                           experience of the working of                                                           Congress                                                           village panchayats for                                                           the last twenty-five                                                           years,                                                           I can say that this                                                           picture is purely                                                           imaginary. It is an                                                           entirely wrong                                                           picture. I personally                                                           feel that, if we bring                                                           to these village                                                           panchayats all the                                                           light and all the knowledge                                                           which the                                                           country and the world                                                           have gathered, they will become the most                                                           potent forces for                                                           holding the country together and for its                                                           progress towards the                                                           ideal of Ram Rajya. In                                                           fact, the Soviet                                                           Constitution is based                                                           on village units,                                                           village Soviets as                                                           they are called. I                                                           feel personally that                                                           these village republics,                                                           like the Russian village                                                           Soviets, can become                                                           models of good self-government. I                                                           think that the                                                           Constitution should                                                           provide for the establishment                                                           of                                                           village republics.
                                                               The                                                           Upper House under this                                                           Draft Constitution is                                                           to be elected indirectly by                                                           provincial                                                           legislatures. I think it should                                                           be elected on                                                           a wider franchise and                                                           village panchayats                                                           should be required to                                                           elect the Upper House.                                                           The suggested method of                                                           electing the Upper                                                           House by provincial legislatures                                                           is a very wrong                                                           method. If village                                                           panchayats are allowed                                                           to elect the Upper                                                           House, we will have a more representative                                                           Upper House. I                                                           personally feel that                                                           unless we give the                                                           villages more                                                           responsibility, we                                                           cannot really solve their problems.
                                                               The                                                           third point I want to                                                           touch upon is States.                                                           I fully agree with Dr.                                                           Ambedkar in his                                                           criticism against                                                           having two kinds of                                                           constitutions, one for                                                           Indian States and one for provinces. I feel                                                           that the States should                                                           be made to fall in                                                           line                                                           with the provinces. I                                                           hope that the States' representatives                                                           here will see that it                                                           will be more advantageous                                                           to                                                           have constitutions for                                                           the States similar to those                                                           for the                                                           provinces. Instead of                                                           Governors, they can have Rajas                                                           as                                                           constitutional heads.                                                           Most of the smaller States have                                                           already                                                           merged themselves with                                                           bigger units. Where they are                                                           very small,                                                           they have already                                                           merged themselves with provinces. I feel                                                           that the Constitution                                                           should have a                                                           provision                                                           that, if any State                                                           wishes to fall in line                                                           with the provinces, the                                                           provincial                                                           constitution shall                                                           apply to that State                                                           also. I hope that by                                                           the time the                                                           Constitution is passed,                                                           most of the States                                                           will agree to fall in                                                           line with the provinces.
                                                               Then,                                                           Sir, about the                                                           fundamental rights,                                                           Dr. Ambedkar said that                                                           nowhere in the world                                                           are Fundamental Rights                                                           absolute. I                                                           personally feel that                                                           our Fundamental Rights should                                                           be in                                                           more unambiguous form.                                                           I think there is much                                                           force in the                                                           contention that the                                                           provisos to these Fundamental                                                           Rights take away much                                                           of the rights granted by the                                                           Constitution. I                                                           think that these                                                           Articles should be                                                           modified.
                                                               Then,                                                           Sir, one word about                                                           our national language.                                                           I think there should be                                                           a separate clause                                                           stipulating a national                                                           language on the model                                                           of the Irish                                                           Constitution. I                                                           personally                                                           feel that                                                           it should be Hindi                                                           written in Devanagri                                                           characters.                                                           Similarly I think the                                                           form of the flag should also                                                           be provided                                                           for in our                                                           Constitution: what colour it shall be and                                                           what its dimensions                                                           should be, should all be declared                                                           in the                                                           Constitution. I also                                                           quite agree with Seth                                                           Govind Das when he                                                           said that                                                           cow-slaughter should                                                           be banned in the Indian                                                           Union. I personally                                                           feel that the                                                           sentiment of thirty crores of population                                                           should be respected. I                                                           feel that we should                                                           provide in one of the                                                           Articles of this Constitution                                                           the                                                           banning of                                                           cow-slaughter. I feel                                                           that after all we have                                                           to take the people as                                                           they are and we will have to                                                           respect their                                                           sentiments also. I                                                           therefore feel that                                                           this Constitution                                                           should be amended to                                                           suit our needs and requirements.
                                                               Lastly,                                                           Sir, I thank the                                                           Drafting Committee for providing                                                           us with a                                                           very fine                                                           Constitution. I also                                                           feel that the suggestions that I                                                           have made will be                                                           discussed at the amendment                                                           stage and                                                           finally find a place                                                           in the Constitution of                                                           our country. Sir, with                                                           these words, I commend                                                           the motion to the                                                           House.
                                                               Shri                                                           Sarangdhar Das (Orissa                                                           States): Mr.                                                           Vice-President, Sir,                                                           like all the previous                                                           speakers I                                                           congratulate                                                           the Drafting                                                           Committee, and                                                           especially its Chairman,                                                           Dr. Ambedkar for the                                                           hard work that they                                                           have put in. But at the                                                           same time, there are                                                           certain things in his speech                                                           with which I                                                           cannot agree. When he                                                           says: "What is the village                                                           but a sink                                                           of localism and a den                                                           of ignorance, narrow-mindedness                                                           and communalism                                                           ?" I am rather surprised                                                           that a                                                           respected member of                                                           this House and also a                                                           Minister of the                                                           National Government                                                           should have such an                                                           idea about our villages.                                                           I must say here, that                                                           with the spread of western education                                                           in                                                           our schools and                                                           colleges we had loss                                                           contact with the                                                           villages, and it was                                                           our leader, Mahatma Gandhi, who                                                           advised the                                                           intelligentsia to go                                                           back to the villages, and                                                           that was                                                           some thirty years ago.                                                           For the last thirty                                                           years we have                                                           been going into the                                                           villages and making ourselves                                                           one                                                           with the villagers;                                                           and in reply to Dr.                                                           Ambedkar's                                                           accusation, I would                                                           say that there is no localism in                                                           the                                                           villages. There is                                                           ignorance,--yes,                                                           ignorance of the English                                                           language                                                           and also our various                                                           written languages, and that                                                           situation is                                                           due to the kind of                                                           Government we had, a Government                                                           that                                                           destroyed our                                                           educational system. As                                                           far as knowledge of                                                           nature and wisdom                                                           gathered from Shastras                                                           and Puranas are                                                           concerned. I would say                                                           that there is more wisdom and                                                           more                                                           knowledge in the                                                           villages than in our modern cities.
                                                               I                                                           am not a hater of                                                           cities. I have lived                                                           in cities in two continents, but                                                           unfortunately our                                                           cities in India are entirely                                                           different                                                           from the cities in                                                           other countries. Our people                                                           living in                                                           the cities are far                                                           away from the                                                           villagers, from their                                                           life, and that is why                                                           we have become such                                                           that we think there is                                                           nothing good in the                                                           villages. Now this                                                           idea is changing; I do                                                           not know if it is                                                           changing outside the Congress                                                           circles,                                                           but I am positive that                                                           within the Congress circles, the                                                           idea of the villages                                                           is uppermost in everybody's                                                           mind. I                                                           shall therefore appeal                                                           to Dr. Ambedkar to                                                           reconsider this matter                                                           and to give the                                                           villagers their due because the villages                                                           in the near future                                                           will come into their own as they used to                                                           be.
                                                               Now                                                           then when we come to                                                           the Draft Constitution                                                           itself, I am at one                                                           with Dr. Ambedkar in                                                           the matter of more                                                           power to the Centre,                                                           because a strong                                                           Centre is very                                                           necessary at the present                                                           time. No                                                           matter what we say                                                           about the fundamentals of                                                           the                                                           culture of our peoples                                                           in different provinces                                                           being the same, we are                                                           a heterogeneous                                                           people; and taking advantage                                                           of the                                                           situation that the                                                           British have gone, there are                                                           all kinds of                                                           disruptive elements                                                           trying to raise their heads, and                                                           therefore it is                                                           essential that the                                                           Centre must be strong so that all the                                                           different peoples of                                                           the country can be                                                           welded together into                                                           one nation. In this                                                           connection, I would urge upon you to keep                                                           this idea of linguistic provinces                                                           in                                                           abeyance for, say,                                                           five or ten years, because although                                                           I come                                                           from a province where                                                           we also think that injustice                                                           has been                                                           done to our province, nevertheless because                                                           of                                                           this linguistic                                                           provinces idea during                                                           the last one year,                                                           there has been more                                                           bitterness between the                                                           peoples of neighbouring                                                           provinces than                                                           anything good. And                                                           this is not the time to                                                           have bitterness. We                                                           want goodwill between the                                                           neighbouring provinces                                                           and that is why I                                                           would strongly urge that this linguistic                                                           provinces idea should                                                           be kept in abeyance for                                                           at least five years.                                                           As regards language, I know                                                           and every                                                           freedom-loving man in                                                           any country knows that there                                                           must be a                                                           national language. In                                                           that respect also, we have                                                           different                                                           provincial languages                                                           some of which have developed                                                           very                                                           much and are of a very                                                           high order, while there                                                           are others which are                                                           backward. So, there is                                                           a competition between                                                           the different                                                           provincial languages. But, we                                                           must remember                                                           that we must use a                                                           language that the majority                                                           of people                                                           speak or understand.                                                           There is no language other                                                           than                                                           Hindi that can stand                                                           this test. Hindi is a                                                           language based on                                                           Sanskrit. Because in                                                           the different provinces                                                           we study Sanskrit to                                                           some extent, although                                                           not as fully as the                                                           older generations used                                                           to do, our regional languages                                                           also                                                           are based on Sanskrit,                                                           our Sadhu Bhasha as we                                                           call it in my                                                           province, that is, the                                                           scholarly language is such, that I                                                           believe, this                                                           scholarly language                                                           spoken in Orissa can be                                                           understood by the                                                           Hindi people or the people from                                                           the Punjab                                                           and they do understand                                                           it. So also, the                                                           Oriyas                                                           understand Hindi                                                           though they may not be                                                           able to speak it. The                                                           same is the case in                                                           Bengal, Maharashtra,                                                           etc. When we look at it                                                           from that point of                                                           view, I am rather surprised that                                                           other                                                           non-Hindi-speaking                                                           friends, particularly                                                           in South India consider                                                           that the demand for                                                           adopting Hindi as our national                                                           language                                                           is "imperialism                                                           of language". I                                                           do not see where there                                                           is imperialism of                                                           language. If the South                                                           Indian scan speak in no                                                           other language than                                                           English, do they mean to say                                                           that the                                                           millions of people                                                           living in the Madras Province                                                           understand English? It                                                           is only a few, and a                                                           few of the uneducated                                                           people in the cities                                                           also who understand English; but                                                           not in the villages.                                                           We will have to banish English; but at                                                           the same time, I would                                                           say to the advocates of                                                           Hindi that it cannot                                                           be done right away, immediately. Some                                                           time                                                           must be given to the                                                           people of South India and other                                                           non-Hindi                                                           speaking provinces to                                                           get acquainted with Hindi                                                           and to make                                                           their contacts with                                                           North India and Western                                                           India in the national                                                           language.
                                                               The                                                           next point I want to                                                           dwell on is the Indian                                                           States. When we first                                                           considered the                                                           principles of the Constitution, some                                                           ten                                                           months ago, the Indian                                                           States were in a                                                           different position.                                                           Since then, things have                                                           changed. I cannot see                                                           how we shall have                                                           units of Indian States                                                           and of provinces, and                                                           call them all units, and yet, the Indian                                                           States are not on a                                                           par with the provinces. Particularly                                                           I see, that the High                                                           Courts of the Indian States                                                           will not                                                           be under the                                                           jurisdiction of the Supreme Court. It is                                                           said in the Chapter on                                                           Fundamental Rights that these                                                           rights are                                                           guaranteed to every                                                           citizen in India. I take                                                           it that a                                                           person, man or woman,                                                           living in an Indian State                                                           or in a                                                           Union of States as                                                           they have been formed during                                                           the last                                                           few months, is a                                                           citizen of India and                                                           if his Fundamental Rights are curtailed                                                           by the Government there, there                                                           is an                                                           appeal to the High                                                           Court and that is the final judgment, while                                                           in the provinces, the                                                           matter can go up to                                                           the                                                           Supreme Court. I do                                                           not see how the man or                                                           woman in the States is                                                           on a par with the man                                                           or woman in the                                                           provinces.
                                                               Then                                                           there are various                                                           other matters that                                                           exist in many States,                                                           particularly in                                                           Rajputana and Central                                                           India, where there are                                                           Jagirdars who own                                                           practically 75 to 90                                                           per cent of the land                                                           under the Maharajas of                                                           Jaipur, Jodhpur and                                                           Bikaner; there is an                                                           inland customs duty                                                           collected by the                                                           Jagirdar from the                                                           producer, and then                                                           again by the Maharajas' Government,                                                           and then when the                                                           goods are exported to                                                           the neighbouring State,                                                           that State also levies                                                           an import duty. I can                                                           give a particular                                                           instance of cotton                                                           grown in Jaipur,                                                           paying                                                           two duties in the                                                           Jagirdar's territory                                                           and while going out of                                                           Jaipur, paying another                                                           import duty in Bikaner,                                                           when exported                                                           to Bikaner, where                                                           there is no cotton grown. These                                                           matters                                                           will have to be                                                           changed and the                                                           earlier they are                                                           changed, the better it                                                           is for the primary                                                           producer as well as                                                           the consumer and also                                                           for the expansion of trade and                                                           commerce.
                                                               Then                                                           there is another                                                           matter and this is the                                                           last one that I want to                                                           stress, that is the                                                           tribal population in the various                                                           States that                                                           have come into the provinces, particularly                                                           in Orissa and the                                                           Central Provinces. It                                                           is the duty of the                                                           Union Government to                                                           improve their standard                                                           of living, and to give                                                           social and economic                                                           amenities to all the people. These                                                           tribal people,                                                           unfortunately, have                                                           been in a very backward                                                           condition as far as                                                           education, sanitation and economic                                                           status are                                                           concerned. There are                                                           about twenty lakhs of                                                           tribal people in                                                           Orissa and about 15                                                           lakhs in the Central Provinces. For                                                           the quick advancement                                                           of these fellow citizens                                                           of                                                           ours, it will be                                                           necessary to allot                                                           large sums of money                                                           from the Centre,                                                           because the provinces                                                           cannot bear such heavy                                                           burdens. In the matter                                                           of financial arrangements between                                                           the Centre and the                                                           provinces, it will be necessary, when                                                           there                                                           is any per capita                                                           allotment on                                                           population basis, for the purposes of the                                                           tribal people, the                                                           amount must be four or                                                           five times the                                                           ordinary allotment                                                           allowed for then on-tribal                                                           people. I press this                                                           point particularly, because, if                                                           we are to                                                           improve their status                                                           in the quickest possible time, it is                                                           necessary to spend                                                           more money whenever it                                                           is needed and wherever                                                           the people are                                                           backward.
                                                               Chaudhari                                                           Ranbir Singh  (East                                                           Punjab: General): *[Mr.                                                           Vice-President,                                                           while supporting the                                                           motion of Dr. Ambedkar                                                           I would like                                                           to submit a few words                                                           to this House. I agree with                                                           Seth Govind                                                           Das that it would have                                                           been better if we had decided upon our                                                           National Anthem,                                                           National Flag and National                                                           Language                                                           in the very beginning.                                                           With reference to what                                                           Shri Maitraji said                                                           yesterday, I admit                                                           that we cannot expect our Deccan friends to                                                           speak in Hindi and to                                                           use it for the business                                                           of the House                                                           all at once. But there                                                           would have been one                                                           advantage if the                                                           problem of the national language                                                           had                                                           been settled in the                                                           very beginning - and even now                                                           the advantage                                                           would accrue - and                                                           it would have been                                                           that people would have                                                           come to know which language was to be                                                           their national                                                           language and which language                                                           they                                                           should seek to learn.
                                                               I                                                           would not like to go                                                           deep into the question                                                           of centralisation and                                                           decentralisation of                                                           power, but I would like                                                           to draw the attention                                                           of the House to one matter. Mahatma                                                           Gandhi,                                                           the Father of the                                                           Nation always taught us that                                                           whether in the                                                           political or in the                                                           economic sphere                                                           decentralisation                                                           engenders a power                                                           which is much greater than                                                           other                                                           kinds of power.                                                           Besides, there are                                                           other reasons also for                                                           this view. I am a                                                           villager, born and                                                           bred in a farmer's                                                           house. Naturally I                                                           have imbibed its                                                           culture. I love it. All                                                           the problems connected                                                           with it fill my mind.                                                           I think that in                                                           building the country                                                           the villagers should                                                           get their due share and                                                           villagers should have                                                           their influence in every sphere. Besides                                                           there is another                                                           matter to which attention was                                                           drawn                                                           this morning by Babu                                                           Thakur Dasji. It is                                                           that the distinction between rural and                                                           urban seats should be done away                                                           with. I have                                                           no doubt that if we                                                           take a long view of                                                           the matter it would be                                                           beneficial for the                                                           rural areas - and more                                                           specially in a country                                                           like India where there                                                           are seven lakhs of                                                           villages and only a                                                           few cities. But we cannot ignore                                                           the                                                           conditions of today.                                                           Howsoever ingeniously                                                           we may try to beguile                                                           them with subtle                                                           arguments and fine sentiments                                                           the                                                           village people cannot                                                           be blinded to the fact that                                                           the power of                                                           the Press and the                                                           Intelligentsia is cent                                                           red in the                                                           cities alone, and that                                                           they of the villages have                                                           little                                                           say in the affairs of                                                           the nation. It is no use, therefore, to                                                           ignore this reality.                                                           Today a distinction has to                                                           be maintained in                                                           our country between                                                           the rural and urban seats. In fact                                                           reservation of seats                                                           is to be provided and it should                                                           be provided,                                                           for those who are                                                           backward. The reservation                                                           provided in our                                                           Constitution is rather                                                           a peculiar one. We                                                           should remember what                                                           used to be emphasised                                                           by the                                                           Father of our Nation,                                                           Mahatma Gandhi, that                                                           is, the means for                                                           achieving an end have                                                           to be very carefully                                                           scrutinised,                                                           for the end is                                                           conditioned by the                                                           means. Our aim today is                                                           to set up a secular                                                           State - a non-denominational                                                           State.                                                           I cannot therefore,                                                           see any reason why                                                           seats should be reserved for                                                           minorities or                                                           sectarian groups. I do                                                           not see any sound                                                           reason for the                                                           adoption of such a                                                           course of action.                                                           Would not its adoption                                                           defeat the realisation                                                           of Ideals we have in                                                           view? Our object of                                                           establishing a secular State                                                           in this                                                           country would remain                                                           merely an unrealised                                                           dream if we                                                           decide to provide                                                           safeguards on grounds                                                           of religion. The                                                           training, the level of                                                           education, and the power                                                           of the                                                           followers of Islam do                                                           not need any further demonstration                                                           in the circumstances                                                           prevailing in the country to-day for we                                                           have already had ample                                                           proof of the same.
                                                               We                                                           have seen that by the                                                           power of their organisation                                                           and with                                                           the help of a foreign                                                           power they brought                                                           about the partition of                                                           the country. The other                                                           minorities that have already                                                           been                                                           referred to are not                                                           less powerful. We cannot from                                                           any point                                                           of view call them                                                           backward communities.                                                           It is no doubt true                                                           that it may be said,                                                           if it can be said for any group                                                           at all, that                                                           Harijans constitute a                                                           backward class. Both from their educational                                                           and financial                                                           conditions they may be                                                           called a backward                                                           class. But even in                                                           this respect we have to                                                           keep in view one other                                                           consideration. It is                                                           that if we provide in                                                           this Constitution                                                           safeguards for                                                           Harijans, the word 'Harijans'                                                           would be perpetuated                                                           even though such is not our                                                           intention. We                                                           want to form a                                                           classless society in                                                           the country. But a                                                           classless society                                                           cannot be formed if we                                                           make a provision for                                                           reservation of seats                                                           on the contrary. This would                                                           only                                                           perpetuate the word 'Harijan'.                                                           In my opinion there is                                                           another way and a much                                                           better way of providing safeguards                                                           for them. All the                                                           backward people in the                                                           country are either                                                           peasants or labourers.                                                           All such people                                                           were disfranchised                                                           in Russia as did no                                                           manual work and lived not by                                                           their lab                                                           our,                                                           but on the returns on                                                           their capital. We may not disfranchise                                                           such                                                           people in our country                                                           today. We may even give                                                           them rights according                                                           to their numbers. But                                                           we should provide safeguard for manual                                                           workers, the peasants                                                           and the wage-earners.                                                           If safeguards are to                                                           be provided they must be only                                                           for those who                                                           are peasants and                                                           wage-earners and in fact safeguards                                                           can be                                                           properly provided for                                                           them alone.
                                                               There                                                           is one thing more. As                                                           I said before, it may perhaps                                                           be objected                                                           that this will give                                                           rise to another serious                                                           problem, that is to                                                           say, the words                                                           'peasant' and 'labourer'                                                           will find a permanent                                                           place in the Constitution. But                                                           I                                                           think that, even if                                                           this happens, it will                                                           not be in any way                                                           injurious to anyone.                                                           It will be all the                                                           better that the people                                                           of the whole country                                                           would be labelled as peasants                                                           and                                                           workers. If every one                                                           would earn his bread                                                           by labour, it would be                                                           the best thing for the                                                           country and the problems                                                           of food                                                           and cloth with which                                                           the country is faced today                                                           would then                                                           be solved easily.
                                                               I                                                           would like to proceed                                                           to make one more observation and                                                           this I                                                           may do only as a                                                           peasant. It is with                                                           respect to the                                                           protection of the                                                           cows. Pandit                                                           Thakurdass Bhargava                                                           and I had jointly moved                                                           a resolution on                                                           slaughter of cows in the Congress                                                           party and                                                           at that time it was                                                           unanimously adopted. But                                                           unfortunately no                                                           mention of it has been                                                           made in our Constitution.                                                           Though the same was                                                           the case in regard to Hindi                                                           on which                                                           question also the                                                           party had come to a                                                           decision, yet the                                                           mention of Hindi is to                                                           be found in the Draft while no mention has                                                           been made of the                                                           resolution as regards                                                           cow protection. I                                                           humbly submit that resolution should                                                           be                                                           carried out as a whole                                                           - rather it should be                                                           enlarged as follows:
                                                               "In                                                           discharge of the                                                           primary duty of the                                                           State to provide adequate food, water                                                           and clothing to the                                                           nationals and improve                                                           their standard of                                                           living the State shall                                                           endeav our: -
                                                               (a)                                                           as soon as possible to                                                           undertake the                                                           execution of                                                           irrigation and                                                           hydro-electric                                                           projects by harnessing                                                           rivers and                                                           construction of dams                                                           and adopt means of                                                           increasing production                                                           of food and fodder.
                                                               (b)                                                           to preserve, project                                                           and improve the useful                                                           breeds of cattle and                                                           ban the slaughter of                                                           useful cattle,                                                           specially milch and                                                           draught cattle and the                                                           young stocks."
                                                               Sir,                                                           I would like to make                                                           one more point in                                                           regard to the economic                                                           order. I have no                                                           objection, rather I am                                                           happy that the Centre                                                           should be very strong.                                                           But I consider it my duty                                                           to submit that                                                           the finances of the                                                           provinces should be on                                                           a sound basis. Today                                                           there is not a single                                                           pie of the income of                                                           the peasant who earns                                                           it by his sweat and blood, which                                                           is not                                                           taxed. If he                                                           cultivates even a                                                           single bigha of land he                                                           has to pay a tax on                                                           it. As compared to                                                           this even an income of                                                           two thousand rupees of                                                           other people of India is not                                                           taxed. This is a                                                           great injustice to the                                                           peasant, particularly in a country where                                                           they dominate and have                                                           a large population. It                                                           should rather be                                                           considered how the continuance                                                           of this                                                           injustice in a country                                                           of peasants would look                                                           like? Therefore I want                                                           that the provincial governments should                                                           realise land revenue                                                           on the same basis as                                                           the income tax; for                                                           this purpose their                                                           finances should be                                                           strengthened.
                                                               I                                                           would like to make one                                                           more observation as a Punjabi. Punjab                                                           was                                                           partitioned as a                                                           consequence of the                                                           Freedom of India and                                                           partition completely                                                           dislocated the entire administration                                                           of this Province. To                                                           bring it again into line with                                                           the other                                                           provinces it is                                                           necessary that at                                                           least for the next ten                                                           years, in so far as                                                           its finances are concerned, special                                                           concession should be                                                           shown to East Punjab.]*
                                                               Mr.                                                           Vice-President:  I have                                                           received a number of communications                                                           from                                                           Honourable Members                                                           suggesting that the                                                           House might be                                                           adjourned as they want                                                           to go to the Exhibition.                                                           I want to know the                                                           views of the House.
                                                               Honourable                                                           Members: Yes, it may                                                           be done.
                                                               Mr.                                                           Vice-President: I have                                                           got the names of sixty gentlemen                                                           who                                                           wish to speak. The                                                           adjournment will mean that only                                                           a smaller                                                           number will be able to                                                           speak because                                                           there is only one day                                                           left. It is for the                                                           House to decide what they want.
An Honourable Member: We might adjourn at half past four.Another Honourable Member: Let it be four o'clock.Mr. Vice-President: We will carry on up to a quarter past four.
                                                               Shri                                                           R. R. Diwakar  (Bombay:                                                           General): Mr.                                                           Vice-President, Sir,                                                           Honourable Members who                                                           have spoken before me                                                           have covered enough                                                           ground and I think I                                                           should not take much time of the House in                                                           going over the same                                                           ground. I would like to                                                           make a few points                                                           which from my point of                                                           view are very important                                                           when we are on the eye                                                           of giving a new Constitution                                                           to our                                                           country. One thing                                                           which I wish to make quite                                                           clear is                                                           that the Draft                                                           Constitution which is                                                           before us is really a                                                           monumental work and we                                                           all of us have already given                                                           congratulations to the                                                           Drafting Committee and                                                           its Chairman who is                                                           piloting it through                                                           this House. At the same time                                                           I would like                                                           to point out that the                                                           Drafting Committee has                                                           not only drafted the                                                           decisions of the Constituent Assembly                                                           but in my humble                                                           opinion it has gone                                                           far beyond mere drafting. I may say                                                           that it has reviewed                                                           the decisions, it has                                                           revised some of the                                                           decisions and possibly                                                           recast a number of                                                           them. It might be that                                                           it was inevitable to                                                           do sounder the                                                           circumstances, but at                                                           the same time we, the Members                                                           of the                                                           Constituent Assembly,                                                           should be aware of this fact                                                           when we are                                                           considering the Draft                                                           and when we are                                                           thinking in terms                                                           of giving our                                                           amendments.
                                                               The                                                           second point I want to                                                           make is about the                                                           hurry with which some                                                           people want to finish                                                           the discussions about                                                           this Draft. I do not                                                           think that much hurry                                                           will be beneficial                                                           ingoing through the                                                           Draft. Enough time                                                           should be allowed, and none                                                           of the                                                           amendments that may be                                                           given should in any way be                                                           suppressed or                                                           insufficient time                                                           given to them. Enough time                                                           should be                                                           given for the                                                           discussion of                                                           important things. If not for anything else,                                                           I want to point out                                                           that it is more than                                                           one year since Free                                                           India is in existence,                                                           and this year has been                                                           one of rich                                                           experience. This experience itself, I                                                           think, should make us                                                           pause and think about changing                                                           a number                                                           of provisions that are                                                           there in the Draft, as                                                           it is today before us.
                                                               Let                                                           us take the question                                                           of adult franchise. A number of                                                           us are                                                           already thinking as to                                                           whether we shall have the required                                                           type of                                                           people in the                                                           legislatures if we straightaway                                                           introduce adult                                                           franchise. I am one of                                                           those who would suggest                                                           that while we should                                                           keep adult franchise                                                           as                                                           it is, so far as the                                                           electorate is                                                           concerned, we should consider                                                           and put                                                           our heads together and                                                           see if the qualifications                                                           of                                                           candidates are, in a                                                           way, such as would bring                                                           to the                                                           legislatures people                                                           who would really be capable of                                                           shouldering                                                           their                                                           responsibilities. No                                                           doubt it is a                                                           superstition with                                                           western democratic                                                           method that each one who                                                           has a vote is                                                           also eligible for                                                           becoming a candidate. But                                                           I do not                                                           think that it is                                                           absolutely necessary                                                           for the purposes of                                                           democracy to follow                                                           this tradition of western countries. We                                                           can as well think                                                           about the important consideration                                                           that we want a                                                           legislator who is not                                                           merely a                                                           representative                                                           but also a                                                           representative who can                                                           legislate and who has a                                                           certain perspective.                                                           While we are speaking                                                           in terms of                                                           nationalism, unitary                                                           government, strong                                                           Centre etc., all these                                                           words would be useless                                                           and meaningless if we                                                           do not have in our                                                           legislatures people                                                           who have this perspective                                                           and                                                           who can look upon                                                           every piece of legislation with                                                           this                                                           perspective and in                                                           this context. The Constitution, after                                                           all, draws its force                                                           from the people who                                                           work in and if we are                                                           not able to send to                                                           the legislatures                                                           people who can understand, who can                                                           grasp the spirit of                                                           the whole Constitution,                                                           I think it would be                                                           very difficult to work                                                           it for what it is worth. I                                                           want to point                                                           out that there are                                                           some more considerations of                                                           this                                                           type which experience                                                           has brought home to us                                                           during the past one                                                           year, and they should                                                           stand us in good stead                                                           in considering the                                                           Draft that is before                                                           us.
                                                               Another                                                           important point which                                                           has been harped upon from this                                                           platform is                                                           about linguistic                                                           provinces and the question of                                                           language.                                                           The battle of                                                           languages has been or                                                           is                                                           being fought almost                                                           from day to day - it                                                           comes up in a number of dubious                                                           ways. But I                                                           think that when once                                                           we have all agreed that                                                           there should be a                                                            lingua franca, a                                                           national language, I                                                           do                                                           not think that we                                                           should quarrel any                                                           more about details and                                                           emphasise                                                           unnecessarily the                                                           point that our Constitution itself                                                           should be in that                                                           language. With due                                                           respect to the Hindi language - or                                                           Hindustani or whatever                                                           we may call it - I should                                                           say that it                                                           has not yet developed                                                           the connotations, that                                                           are necessary for its                                                           free use in legalistic                                                           and constitutional works as well as                                                           constitutional methods                                                           and interpretation.                                                           Therefore, it is                                                           absolutely necessary                                                           that we should wait a                                                           little more before we                                                           rush in that way. I would                                                           plead that we                                                           should pass the                                                           Constitution in the                                                           English language                                                           and we should also                                                           have a good Hindi translation                                                           of                                                           it, but so far as an                                                           authoritative version                                                           is concerned, for the                                                           next few years the                                                           English one should be that                                                           authoritative                                                           version. That, of                                                           course, is my humble opinion.
                                                               Now,                                                           the old hatred or                                                           rather the dislike for                                                           the English language                                                           must really lapse with                                                           the 15th of                                                           August1947. Before the                                                           15th August 1947, we                                                           were using the English language                                                           as                                                           slaves, and therefore                                                           we ought to have felt the revulsion                                                           that we                                                           were feeling. But                                                           today, it is out of choice, out of the                                                           merits of that                                                           language possibly, out                                                           of the difficulties of                                                           the situation, on                                                           account of the heterogeneous                                                           languages which so                                                           many of us speak that we take                                                           to it, we rely                                                           on it for some period;                                                           and that I think should                                                           be the best way of                                                           doing things. It is                                                           from the point of view                                                           of arriving at the                                                           highest common                                                           measure, what maybe                                                           called the highest                                                           common factor, that we                                                           ought to look at this                                                           problem; then I hope                                                           we shall be coming to                                                           a very good conclusion                                                           and a harmonious one.
                                                               Now                                                           about linguistic                                                           provinces. The                                                           question is before the                                                           Commission that has                                                           been appointed by the                                                           President of our                                                           Assembly; it is                                                           premature to say                                                           anything about it.                                                           Really speaking, I                                                           wish that none had                                                           referred to it from this                                                           platform. But                                                           since it has been                                                           referred to, I should think                                                           that this                                                           question should not in                                                           any way be shelved or postponed                                                           since this                                                           Constituent Assembly                                                           is there; and since we                                                           are considering the                                                           whole future of the                                                           country as well as of                                                           the Provinces, it is                                                           no use simply brushing                                                           it aside saying that                                                           there are difficulties                                                           in the way. If there are difficulties,                                                           well, we are all here                                                           to see that those difficulties are                                                           removed. I do not                                                           think that there are                                                           insuperable                                                           difficulties which we                                                           cannot overcome as a                                                           nation. We have                                                           overcome greater                                                           difficulties, possibly                                                           we shall have to                                                           overcome far greater                                                           difficulties in future, and                                                           at such a                                                           time it is necessary                                                           that each limb of the nation, each group                                                           in the country, feels                                                           that its future is assured, that its                                                           development is assured                                                           and that there is no                                                           danger of its being                                                           suppressed or                                                           neglected in the future Constitution                                                           of                                                           India.
                                                               Sir,                                                           I once more urge that                                                           we should not be in a hurry about                                                           this                                                           Constitution - it                                                           might take a few days                                                           more or a few days                                                           less. I would urge you                                                           to take fully into consideration                                                           the                                                           experience that we                                                           have had during the whole                                                           year and                                                           bring that experience                                                           to bear upon the provisions                                                           of the                                                           Draft Constitution                                                           that we have before                                                           us.
                                                               With                                                           these few remarks, I                                                           commend the Draft and congratulate                                                           once                                                           again the Drafting                                                           Committee and its able Chairman                                                           and on                                                           the way in which he                                                           has presented this                                                           Draft to this House.
                                                               Shri                                                           Himmat Singh K.                                                           Maheshwari (Sikkim-and-Cooch                                                           Behar):                                                           Mr. Vice-President,                                                           Sir, the House has                                                           during the past two                                                           days heard some very                                                           vigorous and useful criticism son                                                           the Draft--before it. It is                                                           not my intention to                                                           repeat or to paraphrase                                                           any of the suggestions                                                           that have been made. I                                                           shall permit myself                                                           to make only one                                                           general comment and to make                                                           one appeal.
                                                               The                                                           general comment that I                                                           wish to make is that                                                           the Draft tends to make                                                           people, or will tend                                                           to make people, more litigious, more                                                           inclined to go to law                                                           courts, less truthful and less likely to                                                           follow the methods of                                                           truth and                                                           non-violence.                                                           If I may say so, Sir,                                                           the Draft is really a                                                           lawyers' paradise. It                                                           opens up vast                                                           avenues of litigation and                                                           will                                                           give our able and                                                           ingenious lawyers                                                           plenty of work to do.                                                           Whether this will help                                                           the nation as a whole,                                                           is extremely doubtful.
                                                               Many                                                           of the provisions of                                                           the Draft confer                                                           benefits or concessions                                                           of a somewhat illusory                                                           character. Some of them, in                                                           my opinion,                                                           are even harmful. The                                                           question then is: what                                                           is this blemish                                                           due to? I shall hazard                                                           an answer: the answer                                                           is that the raw                                                           material out of which                                                           this Draft has been made                                                           is all                                                           foreign. The ideas are                                                           foreign, the garb is                                                           foreign, and what is                                                           more, the form is                                                           top-heavy. With these disadvantages                                                           I                                                           am afraid it was not                                                           possible to do much better                                                           than what                                                           the Committee has                                                           done. Whether at this stage                                                           it will be                                                           possible to remove                                                           these defects I am                                                           unable to say. But I                                                           wish to put in a                                                           strong plea that when the                                                           Draft is                                                           examined clause by                                                           clause by the House, every effort                                                           should be                                                           made to expunge all                                                           unnecessary provisions and                                                           provisions which might                                                           more conveniently be                                                           left for legislation by                                                           the Dominion                                                           Parliament in future.
                                                               The                                                           appeal which I wish to                                                           make to the House is in connection                                                           with a                                                           subject which has been                                                           touched upon by an                                                           umber of speakers                                                           today and yesterday.                                                           It is in connection with                                                           reservation of seats                                                           in the legislatures                                                           for the minorities--Muslims, Sikhs,                                                           Scheduled Castes and                                                           others. My friend Mr.                                                           Karimuddin sounded a                                                           very healthy note yesterday when                                                           he                                                           opposed reservation of                                                           seats for Muslims.                                                           From my personal                                                           experience in the                                                           State which I                                                           represent, I am able to                                                           say that the refusal                                                           to grant separate                                                           electorates and the                                                           refusal to grant                                                           reservation of seats                                                           in the legislatures to                                                           Muslims during the                                                           last 25 or 30 years                                                           has had the most                                                           beneficial results in                                                           my State. The result                                                           has been that Hindus                                                           and Muslims have                                                           always been on the most friendly                                                           terms and                                                           have, even during the                                                           troublous times of                                                           1946, 1947 and this                                                           year, remained on the                                                           most friendly terms without breaking each                                                           others' heads. They                                                           co-operate in every                                                           field of life and are                                                           the best of friends. Reservations                                                           are bound to encourage                                                           separatism and                                                           postpone at least for                                                           some time the                                                           realisation of the                                                           dream which we have,                                                           namely, that of                                                           evolving a truly                                                           secular State. As long                                                           as any community                                                           demands and gets                                                           reservation of seats                                                           in                                                           the legislatures a                                                           truly secular State,                                                           in my opinion, must remains a distant                                                           dream. I therefore                                                           make a most earnest appeal to my friends                                                           of all minority                                                           communities to drop                                                           their claim for                                                           reservations                                                           voluntarily so that this Constitution                                                           may                                                           start off as a truly                                                           democratic, virile, strong                                                           Constitution without                                                           any drawbacks to begin                                                           with. One of our Sikh                                                           friends yesterday, as                                                           far as I could                                                           understand him, also                                                           put in a plea I                                                           believe against                                                           reservation. That is a                                                           very healthy sign. I                                                           have still to hear                                                           what the Scheduled Castes in this House                                                           have to say.                                                           Personally, Sir, I have                                                           always felt that                                                           giving any person the                                                           name of a Scheduled Caste involves a                                                           stigma.
(At this stage the bell was rung indicating that the Member's time was up.)I bow to your call, Sir. I have said nearly all that I wanted to say.
                                                               Mr.                                                           Vice-President: The                                                           House stands adjourned                                                           till 10o'clock on                                                           Monday, the 8th                                                           November 1948.
The Assembly then adjourned till Ten of the Clock on Monday, the 8th November 1948.
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*[Translation                                                           of Hindustani speech ]*
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