CONSTITUENT ASSEMBLY OF INDIA - VOLUME IX


Tuesday, the 6th September, 1949

Mr. President : Dr. Ambedkar, do you wish to say anything? I do not think there is anything in this to discuss.

The Honourable Dr. B. R. Ambedkar: Sir, with regard to my Friend Mr. Chaliha's amendment No. 113, I really do not understand what it means. It says : "The Governor shall make laws and regulations and entrust the District Council and Regional Councils with such powers as the State legislature may approve." I cannot understand what it means. I am therefore unable to say that I accept it.

With regard to my amendment and the amendment moved by my honourable Friend Mr. Rohini Kumar Chaudhuri, there is hardly any difference except a failure to understand on the part of my honourable Friend as to what the word 'Governor' means. He says that the laws shall be approved by the legislature of Assam. According to my amendment, the laws will be approved by the Governor as advised by the Ministry of Assam, because in all this scheme, we ,are dropping the words 'in his discretion. Wherever the word Governor occurs, it means Governor acting on the advice of the Ministry. I should like, to ask him whether he really thinks there is very serious difference between a law being approved by the Governor acting on the advice of the Ministry and a law being approved by the legislature of Assam itself. I 'think my scheme is much more consistent with the originals of the scheme namely, that the tribal people themselves should have a certain inherent right given by the Constitution to make laws in certain respects. That being so, my paragraph (3) is much more consistent with the scheme and gives the Assam Ministry some power to advise the Governor as to whether he should accept or not accept any law. The intervention of the legislature, is quite unnecessary.

Shri Rohini Kumar Chaudhuri: If I have understood the Honourable Dr. Ambedkar a right, I would be prepared to withdraw my amendment. I mean, if the Governor is to be advised by the Ministry and the Ministry takes the opinion of the legislature, then, I have no objection. If the advice of the Ministry means that the Ministry will take no such action until the House has had an opportunity of discussing it, then, I think it is the same thing which I want and which Dr. Ambedkar wants. In that case, I shall withdraw.

The Honourable Dr. B. R. Ambedkar: I think he is understanding more than what I have said. I am not prepared to give him that assurance at all.

Mr. President: I shall put the amendment to vote. The question is:

"That with reference to amendment No. 3494 of the List of Amendments (Vol. II). for paragraph 3, the following be substituted :-

'3. The Governor shall make laws and regulations and entrust the District Council sad Regional Councils with such powers as the State legislature may approve."

The amendment was negatived.

Mr. President : The question is :

"That in amendment No. 114 of List I (Seventh Week). for the proposed sub-paragraph (3) of paragraph 3, the following be substituted :-'(3) All laws made under this paragraph shall be submitted to the Governor who shall forthwith place them before the legislature of the State and until agreed to by the legislature and assented to by the Governor such laws shall have no effect'."

The amendment was negatived.

Mr. President: The question is:

'That in amendment No. 114 of List I (Seventh Week), in the proposed new subparagraph (3) of paragraph 3, for the word 'Governor' the word 'President be substituted."

The amendment was negatived.

Mr. President : The question is:

"That after sub-paragraph (2) of paragraph 3. the following sub-paragraph be added:--

'(3) All laws made under this paragraph shall be submitted forthwith to the Governor. and until assented to by him shall have no effect."

The amendment was adopted.

Mr. President: The question is: "That paragraph 3, as amended. stand part of the Schedule.'

The. motion was adopted.

Paragraph 3, as amended, was added to the Schedule.

Paragraph 4

Shri Kuladhar Chaliha : Mr. President, I beg to move:

 
    "That for paragraph 4, the following be substituted:-

    '4. The Governor shall constitute courts with such powers as he may deem proper and in making appointments and conferring judicial powers he shall follow as nearly as possible the Criminal and Civil Procedure Codes of India, and the High Court of Assam shall exercise all the appropriate powers conferred on it by law.' "

    Sir, Paragraph 4 has given the Regional Council for autonomous regions powers as follows:-

    "(1) The Regional Council for an autonomous region in respect of areas within such region and the District Council for an autonomous district in respect of areas within the district other than those which are under the authority of the Regional Councils, if any, within the district may constitute village councils or courts for the trial of suits and cases other than those to which the provisions of sub-paragraph (1) of paragraph 5 of this Schedule apply or those arising out of any law made under paragraph 3 of this Schedule, to exclusion of any court in the State, and may appoint suitable persons of such courts, and may also appoint such officers as may be necessary for the administration of the laws made under paragraph 3 of this Schedule.

    (2) Notwithstanding anything in this Constitution the Regional Council for an autonomous region or any Court constituted in this behalf by the Regional Council or, if in respect of any area within an autonomous district there is no Regional Council, the District Council for such district, or any court constituted in this behalf by the District Council, shall exercise the powers of a Court of Appeal in respect of all suits and cases between the parties all of whom belong to scheduled tribes within such region or area, as the case may be, other than those to which the provisions of sub-paragraph (1) of paragraph 5 of this Schedule apply, and no other Court in the State shall have appellate jurisdiction over such suits or cases and the decision of such Regional or District Council or Court shall be final."

Do you see the impossibility of this provision that even the High Court or District Court shall have no jurisdiction over the decisions of the District Councils and Regional Councils? Therefore I have tabled my amendment. I find in this Constitution they have mellowed down again in a mind form in 119 and 120 the same thing. In 119 they have said 'except the High Court and the Supreme Court shall have jurisdiction over such suits or cases'. In 120 they have said-

    "The High Court of Assam shall have and exercise such jurisdiction over the suits and cases to which the provisions of sub-para (2) of this para apply as the Governor may from time to time by order specify."

But here the District Court has been deprived of the natural jurisdiction which it should have. So in spite of the amendments of Dr. Ambedkar it does not improve much. It deprives the ordinary Courts of their legitimate jurisdiction. You have omitted that. You have referred to High Court and Supreme Court only and the District Court has been cut out. Probably the judgements may be very elementary and without reason and yet it will go to High Court. Why not the District Court? The District Court will be sufficiently acquainted with the laws of the country and I think the District Courts should have been referred. As such my amendment is much better than the amendment of the Drafting Committee. Perhaps they are in a hurry and are rushing through with these schedules. If you run through the whole schedule you will find that you have neglected the Assamese people. You have never thought of them and you have neglected the district judge's court existing there and you pass over to High Court and Supreme Court. As such, I commend my amendment for the acceptance of the House.

    The Honourable Dr. B.R. Ambedkar: Sir, I move:

    "That in sub-paragraph (1) of paragraph 4, the words and figures 'or those arising out of any law made under paragraph 3 of this Schedule' be deleted."

    They are unnecessary.

    Sir, I also move :

    "That after sub-paragraph (2) of paragraph the following sub-paragraph be added:-

    '(3) The High Court of Assam shall have and exercise such jurisdiction over the suits and cases to which the provisions of sub-paragraph (2) of this paragraph apply, as the Governor may from time to time by order specify.'"

This amendment makes an important change. Originally under sub-para. (2) of para. 4 the decision of the District Court was final. Now we have provided that they shall be subject to appellate jurisdiction of the High Court and the Supreme Court which was a necessary provision.

    Shri Rohini Kumar Chaudhuri: Mr. President, Sir, I beg to move:

    "That in amendment No. 3496 of the List of Amendments (Vol. II) in the proposed proviso to sub-paragraph (2) of paragraph 4 of the Sixth Schedule..."

    Mr. President: But, Mr. Chaudhuri, amendment No. 3496 was for adding a proviso and that amendment has not moved and that proviso therefore does not come in. Therefore your amendment No. 118 has no place. It is an amendment to an amendment which has not been moved.

    Shri Rohini Kumar Chaudhuri: But such amendments have been moved before.

    Mr. President: But where will you put it now? Independently?

    Shri Rohini Kumar Chaudhuri: Then may I speak generally on this.

    Mr. President: Yes, you can do that after I finish the amendments. There is No. 197 of Mr. Naziruddin Ahmad. But that is a drafting amendment. Then there is the one in the name of Shri Brajeshwar Prasad, No. 198.

    Shri Brajeshwar Prasad: Sir I move this amendment without any comment. Sir, I move:

    "That in amendment No. 120 of List-I (Seventh Week), for the purposed new sub-paragraph (3) of paragraph 4, the following be substituted:-

    '(3) The High Court of Assam shall have and exercise such jurisdiction over the suits and cases to which the provisions of sub-paragraph (2) of this paragraph apply as the President may by order from time to time declare and prescribe.' "

    Mr. President: I think these are all the amendments. No, there is one more, No. 261, of Mr. Sahu.

    Shri Lakshminarayan Sahu: I move: That...

    Mr. President: But your amendment does not come now after the amendment No.119 moved by Dr. Ambedkar where it is said for the words "shall have appellate jurisdiction over such units etc. etc." The words "except the High Court and the Supreme Court shall have jurisdiction over such suits or cases" be substituted.

    Shri Lakshiminarayan Sahu: Then I do not move my amendment.

    Mr. President: Then you can speak now, Mr. Chaudhuri.

    Shri Rohini Kumar Chaudhuri: Sir, the present position with regard to the administration of justice in the hills is this. In civil suits the final appellate authority was formerly the Governor. The Deputy Commissioner and the Assistant Deputy Commissioner had jurisdiction to try civil suits up to any value. So far as criminal suits are concerned, the Deputy Commissioner and the Assistant Deputy Commissioner could inflict any sentence they liked, subject, of course to the power of revision of the High Court. But so far as the States are concerned, the High Court of the Province has absolutely no jurisdiction to interfere.

    Now I want to raise one point with regard to the amendment which has been moved by Dr. Ambedkar. Whenever there is a civil suit between a non-tribal and a tribal over which the District Court has jurisdiction, whether the courts will have full jurisdiction or whether there will be some other procedure prescribed for it. sub-para. (2) of para.4 says -

    "Notwithstanding anything in this Constitution the Regional Council for an autonomous region or any court constituted in this behalf by the Regional Council or, if in respect of any area within an autonomous district there is no Regional Council, the District Council for such district, or any court constituted in this behalf by the District Council, shall exercise the powers of a Court to Appeal in respect of suits and cases between the parties all of whom belong to scheduled tribes within such region of area, as the case may be, other than those to which the provisions of sub-paragraph (1) of paragraph 5 of this Schedule apply, and no other Court in the State..."

the subsequent portion has been sought to be amended. But I want to lay stress on the words - "between parties all of whom belong to scheduled tribes". Suppose there is a case in which one of the parties is a non-tribal, then what is the provision made in paragraph 4 and under the amendment of Dr. Ambedkar? That is what I want to know. Unfortunately I cannot get the attention of Dr. Ambedkar at the present moment, but I should like to have some answer to this question. When there is a dispute between a tribal and a non-tribal, which is going to be the appellate court? Whether the court of the District Council will have full jurisdiction or whether the case is liable to be transferred to some other court under the jurisdiction of the High Court? Under the present arrangement, whenever there is a dispute between a tribal and a non-tribal, if the amendment or the accused happens to be a non-tribal, he has the right to be defended by a lawyer and the ordinary procedure applies to him. But I want to clarify this point, whether in Courts in an autonomous district and according to the contemplation of the Drafting Committee in the autonomous districts there will be a large number of non-tribals as for instance in the Garo hills, in the Naga Hills - and in the Khasi Hills - will the non-tribal people there be regulated by the provisions of the Code of Civil Procedure and the Code of Criminal Procedure, or whether they will be subjected to the ordinary laws, to the primary laws or the primitive laws which are meant only for the tribal people? That is question number one.

    Question number two is this. Whether these people will have the right to be represented, to be defended in the civil court by a lawyer or not. And thirdly, whether any appeals arising out of those cases, whether the appeals shall lie to the High Court or the District Court, because sub-para (2) while discussing appeals particularly mentions only about scheduled tribes. Is justice in the Naga Hills and the Garo Hills going to be administered in the same half-barbaric way in which it was administered before, or is there going to be any change in favour of the tribals or in favour of the non-tribals resident in the tribal areas? There are particular rules now for administration of justice in the Hills where it is not obligatory on the part of the court to allow a pleader to appear, where pleaders are only allowed to appear where non-tribal people are either defendants or accused; in this case only pleaders are allowed to appear now. The appeals, under Dr. Ambedkar's amendment, will go to High Courts and will have some sort of revision power. I want to know whether non-tribal people in these Hills shall have a right of appeal either to the High Court or to the District Court, because in the amendment only the tribes are mentioned.

    The Honourable Dr. B.R. Ambedkar: Sir, I must say that I was somewhat surprised by my honourable Friend's putting me these questions. I think he could have answered them himself. But I will now answer them as he has put them to me.

    With regard to the first question of whether lawyers will be allowed to appear in courts established in the tribal area, the answer is very simple. In the first place, the Provincial Government will have the power, under the entry in List III dealing with professions, to make any law with regard to the legal profession; and if under that law they provide that lawyers shall be entitled to appeal in the courts in the districts which are known as autonomous districts, then that law will apply unless the Governor thinks that that law should not apply. Therefore, that matter is quite clear.

    With regard to the question of appeals from the decisions of the tribunals which are created under this paragraph, the answer again is quite simple. The paragraph first provides that a court of appeal may be constituted there. Now the Governor or the Provincial Ministry may either constitute a new court of appeal in which case appeals will go to that court, or may declare the District Judge's Court as a court of appeal which will hear appeals from decisions made by the village panchayats and other courts. Therefore, there again there is a provision for appeal. According to my amendment now, there may be a further appeal from the District Court of appeal either to the High Court or to the Supreme Court.

    Shri Rohini Kumar Chaudhuri: I particularly read out these lines of sub-paragraph (2):-

    "...the Regional Council for an autonomous region or any court constituted in this behalf by the Regional Council or, if in respect of any area within an autonomous district there is no Regional Council, the District Council for such district, or any court constituted in this behalf by the District Council, shall exercise the powers of a Court of Appeal in respect of all suits and cases between the parties all of whom belong to scheduled tribes....".

    What would happen when one of the parties is not a member of a scheduled tribe?

    The Honourable Dr. B.R. Ambedkar: If the parties are such that one is a tribal and the other a non-tribal, then the ordinary law will apply.

    Shri Rohini Kumar Chaudhuri: Where have you provided it?

    The Honourable Dr. B.R. Ambedkar: It follows from it. Even now it says, "where the parties are......". I do not think there is any difficulty and I hope my friend has understood it.

    Shri Rohini Kumar Chaudhuri: There is no provision made anywhere, Sir.

    The Honourable Dr. B.R. Ambedkar: The jurisdiction of the ordinary court is ousted only to the extent provided for in paragraph 4. Otherwise the jurisdiction of the ordinary courts continues. These will not be the only courts in this area; there will be other courts established by the Provincial Government for the purpose of administration of the general law of the Province.

    Mr. President: I will now put the amendments.

    The question is:

    "That for paragraph 4, the following be substituted:-

    '4. The Governor shall constitute courts with such powers as he may deem proper and in making appointments and conferring judicial powers he shall follow as nearly as possible the Criminal and Civil Procedure Codes of India, and the High Court of Assam shall exercise all the appropriate powers conferred on it by law'."
 


The amendment was negatived.


 


    Mr. President: The question is:

    "That in sub-paragraph (1) of paragraph 4, the words and figure 'or those arising out of any law made under paragraph 3 of this Schedule' be deleted."
 


The amendment was adopted.


 


    Mr. President: Amendment No.118.

    The Honourable Dr. B.R. Ambedkar: It was not moved.

    Mr. President: Yes, then amendment No. 119.

    The question is:

    "That in sub-paragraph (2) of paragraph 4, for the words 'shall have appellate jurisdiction over such suits or cases and the decision of such Regional or District Council or Court shall be final' the words 'except the High Court and the Supreme Court shall have jurisdiction over such suits or cases' be substituted."
 


The amendment was adopted.


 


    Mr. President: The question is:

    "That after sub-paragraph (2) of paragraph 4, the following sub-paragraph be added:-

    '(3) The High Court of Assam shall have and exercise such jurisdiction over the suits and case to which the provisions of sub-paragraph (2) of this paragraph apply as the Governor may from time to time by order specify."
 


The amendment was adopted.


 


    Mr. President: Then there is amendment No.198 moved by Mr. Brajeshwar Prasad.

    The question is:

    "That in amendment No. 120 of List I, for the proposed new sub-paragraph (3) of paragraph 4, the following be substituted:-

    '(3) The High Court of Assam shall have and exercise such jurisdiction over the suits and cases to which the provisions of sub-paragraph (2) of this paragraph apply as the President may by order from time to time declare and prescribe'."
 


The amendment was negatived.


 


    Mr. President: I will put the whole paragraph to vote.

    The question is:

    "That paragraph 4, as amended, stand part of Sixth Schedule."
 


The motion was adopted.

Paragraph 4, as amended, was added to the Schedule.
___________

Paragraph 5


 


    Mr. President: Then paragraph 5. There are two amendments to this. First is No. 199.

    Shri Brajeshwar Prasad: Sir, I beg to move:

    "That in sub-paragraphs (1) and (2) of paragraph 5, for the word 'Governor', wherever it occurs, the word 'President' be substituted."

    Mr. President: Then amendment No. 262 and 263, Mr. Sahu.

    Shri Lakshminarayan Sahu: *[Mr. President, my amendment reads as follows:-

    "That for the heading to paragraph 5, the following be substituted:-

       'Conferment of Powers'."

    I also move:

    "That after sub-paragraph (3) of paragraph 5, the following new sub-paragraph be added:-

    "(4) Notwithstanding anything contained in sub-paragraph (1) of paragraph 5 in a trial between a tribal and non-tribal, the proceedings shall be in accordance with the Civil Procedure Code, 1908 and Criminal Procedure Code, 1890'."

    My intention in moving it is to specifically provide that any dispute between the tribal and the non-tribal should be adjudicated according to the Criminal Procedure Code and the Civil Procedure Code until it is specifically provided. It may well be that the hill people might not know as to how a dispute between the tribal and non-tribal people was to be adjudicated.

    If the Nagas were to try the matter, it is quite possible that they may order beheading of a non-tribal person. Such things are common in the Eastern and Western tribal areas. I know the case of a friend of mine who was fined Rs. Twenty thousand according to the Law of the North Western Frontier tribes. He was to be beheaded if the fine was not paid; so in the circumstances he had to pay the amount. He came here and appealed to the Government of India and filed a suit, and though he had to spend Rs.10,000, he got the refund of Rs. 20,000. He later on took a job in the Mycology Department of the Government of Bihar where he is at present employed.

    So I know in the aboriginal areas, there are any number of disputes. In our region, there are such disputes in which a person is given heavy punishment for theft. For small thefts, they apply a live charcoal to his cheek. If the theft committed is bigger, he is fined and a red hot piece of gold is put in his mouth. Such bad things occur in all tribal and non-tribal areas. Hence I wish that this provision should be made here.

    Shri T.T. Krishnamachari (Madras : General) : Sir, I am afraid Dr. Ambedkar has already answered the question raised by amendment No.263 in dealing with the previous paragraph.

    Mr. President: The question is:

    "That for the heading to paragraph 5 of the following be substituted:-

        'Conferment of powers.' "
 


The amendment was negatived.


 


    Mr. President: I shall now put Mr. Brajeshwar Prasad's amendment to the House.

    Shri T.T. Krishnamachari: Is it necessary to put it to vote, because the principle has been negatived on previous amendments, where the House has not agreed to substitute the word "President" for "Governor"?

    Mr. President: I shall however put it to the House.

    The question is:

    "That in sub-paragraph (1) and (2) of paragraph 5, for the word 'Governor' wherever it occurs, the word 'President' be substituted."
 


The amendment was negatived.


 


    Mr. President: The question is:

    "That after sub-paragraph (3) of paragraph 5, the following new sub-paragraph be added:-

    "(4) Notwithstanding anything contained in sub-paragraph (1) of paragraph 5, in a trial between a tribal and non-tribal, the proceedings shall be in accordance with the Civil Procedure Code, 1908, and Criminal Procedure Code, 1890.'"
 


The amendment was negatived.


 


    Mr. President: The question:

    "That paragraph 5 stand part of the Sixth Schedule."
 


The motion was adopted.

Paragraph 5 was added to the Schedule.
_______

Paragraph 6

Paragraph 6 was added to the Schedule.
________

Paragraph 7

Paragraph 7 was added to the Schedule.
_________

Paragraph 8


 


    Shri Kuladhar Chaliha: Sir, I move:

    "That for paragraph 8, the following be substituted:-

    '8. The Governor shall lay down rules to assess collect land revenue and impose taxes for the District Councils and Regional Councils and place them before the State Legislature'."

    If you will look at para.8 you will find that powers have been given in excess of what has been given to the district boards of Assam. The power of collection of land revenue is in the hands of the Government and I do not see any reason why these elementary, primitive regional and district councils should be allowed to tax professions, trades, callings, animals, vehicles and also collect land revenue. In Assam the land revenue is collected by the land revenue staff of the Government of Assam and the same procedure still exists even in the Naga hills. This is an anomalous and retrograde provision. It has been made without a consideration of the land laws of the country and it is a negation of everything. As I said before, the Drafting Committee seems to have been in a huff and did not know what to do and whatever was dictated to them by somebody without a knowledge of the country and its laws was put in there. Why should the ordinary laws of the province be rescinded and new laws like this should be incorporated in this paragraph. My suggestion is very simple and should be accepted by the Drafting Committee. It says:

    "The Governor shall lay down rules to assess, collect land revenue and impose taxes for the District Councils and Regional Councils and place them before the State Legislature."

    The legislature should have a voice in it. The district or regional council might tax anything: it might impose a tax on anyone with a head, which is a thing unthinkable. Therefore we should try to bring the laws of a primitive people in line with civilised standards, I have suggested my amendment and I trust that people are there to advocate these laws; and therefore, in order to bring them in line with civilised standards, I have suggested my amendment and I trust that the Drafting Committee will accept it. In fact the Nagas will have a voice to speak in the legislature, for when such questions come before the legislature they will be there to say what is wrong with them and point out what is there which should not be there. Therefore this small amendment has been put forward before you to accept it. The Drafting Committee should accept it and not have this retrogate and primitive paragraph 8 incorporated in the schedule. It is a primitive law and a primitive rule. Somebody has put into their head that this is a good law. I think it is one of the most retrograde laws that has ever been imposed on the people.

    Mr. President: Then there is amendment No.201 by Mr. Brajeshwar Prasad which is in line with the other amendments giving power to the President in all matters, and I do not think I should allow that. The question is:

    "That for paragraph 8, the following be substituted:-

'8. The Governor shall lay down rules to assess, collect land revenue and impose taxes for the District Councils and regional Councils and place them before the State Legislature.'"
 


The amendment was negatived.


 


    Mr. President: I shall put paragraph 8 to vote.

    The question is:

    "That paragraph 8 stand part of the Sixth Schedule."
 


The motion was adopted.

Paragraph 8 was added to the Schedule.
________

Paragraph 9


 


    The Honourable Dr. B.R. Ambedkar: Sir, I move:

    "That sub-paragraph (1) of paragraph 9 be deleted."

    That paragraph refers to licence or lease granted by the Government of Assam for the prospecting for or the extraction of minerals. That matter now is with the Central Government and therefore it is unnecessary to have this sub-paragraph here.

    Mr. President: The question is:

    "That sub-paragraph (1) of paragraph 9 be deleted."
 


The motion was adopted.


 


    Mr. President: The question is:

    "That paragraph 9, as amended, stand part of the Sixth Schedule."
 


The motion was adopted.

Paragraph 9, as amended, was added to the Schedule.
_______

Paragraph 10


 


    Shri Kuladhar Chaliha: Sir, I move:

    "That for paragraph 10, the following be substituted:-

       '10. The Governor shall make regulations to control money leading and trading in the tribal areas.'"

    I find in paragraph 10 that power is given to the District Council to make regulations for the control of money-lending and trading by non-tribals. Under sub-paragraph (2) such regulations may "(a) prescribe that no one except the holder of a licence issued in that behalf shall carry on the business of money-lending; (b) prescribe the maximum rate of interest which may be charged or be recovered by a money-lender; (c) provide for the maintenance of accounts by money-lenders and for the inspection of such accounts by officers appointed in this behalf by the District Council; and (d) prescribe that no person who is not a member of the Scheduled Tribes resident in the district shall carry on wholesale or retail business in any commodity except under a licence issued in that behalf by the District Council". Look at this last provision. Under these regulations will it be possible for any Assamese, Marwari, Sindhi, Punjabi, or Sikh from the plains or from Bombay to carry on business in the Naga Hills of we have a rule like (d)? To say the least, this is an impossible provision. These provisions are so bad that the only way out, I trust, is to accept my amendment. I have given a very mild amendment to the effect that "the Governor shall make regulations to control money-lending and trading in the tribal areas". During the British days the British were believed. Do you think we shall not be believed? The British induced the belief that they were their greatest friends and the Hindus and men of the plains were their enemies. That was the belief they created. I think we are insisting on that and inducing that belief again. And we are not allowing our business men to go there to do business. My amendment is a permissive law. The Governor has power to make rules and regulations and if he thinks that a certain man is objectionable or is not a desirable man he can rule such men out. I, therefore, submitted that this amendment should be accepted.

    The provisions as drafted by the Drafting Committee are such that no civilised government can make them. I strongly resent these rules being made in such a hasty manner without considering the entire background and without considering what will be the effect of these things. They will be able to prescribe rules "providing, for the maintenance of accounts by money-lenders and for the inspection of such accounts by officers appointed in this behalf by the District Council". Are they acquainted with accounts? Have they got sufficient number of literate people? Have you ever considered these things? You have never cared to understand the problem from all-India point of view and you believe people telling you something which is not correct.

    With these words, Sir, I commend my amendment to the acceptance of this House.

    The Honourable Dr. B.R. Ambedkar: Sir, I move:

    "That in sub-paragraph (2) of paragraph 10, for the words 'Such regulations may' the words 'In particular and without prejudice to the generality of the foregoing power, such regulations may' be substituted."

    It is merely a drafting change.

    I also move:

    "That after sub-paragraph (2) of paragraph 10, the following sub-paragraph be added:-

    '(3). All regulations made under this paragraph shall be submitted forthwith to the Governor and, until assented to by him, shall have no effect'."

    Mr. President: There are two amendments by Mr. Naziruddin Ahmad which are of a drafting nature and another by Mr. Brajeshwar Prasad substituting the word "President" for "Governor" which need not be moved.

    Shri Rohini Kumar Chaudhuri: Mr. President, Sir we have been hearing the replies which the honourable Dr. Ambedkar has been giving to the various amendments moved by Mr. Chaliha, myself and others. Each time he has quoted the Premier of Assam and some other persons in his support. I would ask him whether there is anybody who had gone to him and said that this provision should remain in the new Constitution-the provision that no person who is not a member of the Scheduled Tribes resident in the district shall carry on wholesale or retail business in any commodity except under a licence issued in that behalf by the District Council? Is there anybody in this house who will support this discriminatory treatment between tribal and non-tribal people, in a place where they have been moving together for a very long time? Even the British would have been put to shame by such a provision. Take Shillong where there is a large number of non-tribal people who are carrying on retail business. Do you mean to say that the tribals living in the town of Shillong will require no licence but non-tribals will require a licence? Is there anybody who favours such a discriminatory treatment, I wonder? If there is anybody who supports discrimination between tribals and non-tribals I would say that is useless to argue with him.

    Mr. President: The first amendment to be put to vote is the one moved by Mr. Chaliha, No. 123. The question is:

    "That for paragraph 10, the following be substituted:-

      '10. The Governor shall make regulations to control money lending and trading in the tribal areas'."
 


The amendment was negatived.


 


    The Honourable Dr. B.R. Ambedkar: May I say a word or two with regard to matters about which my friend is terribly excited? There are three things provided by way of safeguards which my friend has not taken into consideration. The first provision to paragraph 10 says : "Provided that no such regulations may be made under this paragraph unless they are passed by a majority of not less than three-fourths of the total membership of the District Council." This is one safeguard. The second safeguard is contained on page 184 of the Draft Constitution. It says : 'Provided further that it shall not be competent under any such regulations to refuse the grant of a licence to a money-lender or a trader who has been carrying on business within the district since before the time of the making of such regulations." Therefore, existing rights are not affected.

    The third thing to which my friend has not cared to pay any attention is the amendment I have moved, viz., "All regulations made under this paragraph shall be submitted forthwith to the Governor, and until assented to by him shall have no effect."

    These precautions are there.

    As regards his remark that what the Drafting Committee has done is a barbaric thing, not done even by the British Government. I may point out that he forgets the fact that this excluded area was entirely within the discretion of the Governor; it was his fault. We have altogether taken away that discretion of the Governor. He can now act only subject to the advice of the Ministry.

    I wonder now whether my Friend Shri Rohini Kumar Chaudhuri is satisfied with the explanation I have given?

    Honourable Members: Not at all.

    The Honourable Dr. B.R. Ambedkar: I know you want something more than what I can give. You are like hungry David Copperfield asking for more gruel.

    Mr. President: I will now put amendment No.124 to vote.

    The question is:

    "That in sub-paragraph (2) of paragraph 10, for the words 'Such regulations may' the words 'in particular and without prejudice to the generality of the foregoing power, such regulations may' be substituted."
 


The amendment was adopted.


 


    Mr. President: Now I will put amendment No. 125.

    The question is:

    "That after sub-paragraph (2) of paragraph 10, the following sub-paragraph be added:-

    '(3) All regulations made under this paragraph shall be submitted forthwith to the Governor and until assented to by him shall have no effect'."
 


The amendment was adopted.


 


    Mr. President: The question is:

    "That paragraph 10, as amended, stand part of the Sixth Schedule."
 


The motion was adopted.

Paragraph 10, as amended, was added to the Schedule.
__________

Paragraph 11


 


    Shri Kuladhar Chaliha: I am not moving amendment No.126.

    Mr. President: Amendment No. 204 of Shri Brajeshwar Prasad is to the same effect as 126.

    Shri Brajeshwar Prasad: Sir, my object is to have the notification published in the Official Gazette of India. I will not move it if you so wish.

    Mr. President: It is not a question of my not wanting or wanting it.

    Shri Brajeshwar Prasad: If you permit me I shall move it.

    Mr. President: You want it to be published in the official Gazette of India?

    Shri Brajeshwar Prasad: Yes, Sir.

    Mr. President: But the question concerns only Assam?

    Shri Brajeshwar Prasad: It is part of the amendments which I moved.

    Mr. President: That is why I said it is out of place when the principle you advocated has been rejected more than once by the House.

    I will now put paragraph 11 to vote.

    The question is:

    "That paragraph 11 stand part of the Sixth Schedule."
 


The motion was adopted.

Paragraph 11 was added to the Schedule.
_______

Paragraph 12


 


    Mr. President: Paragraph 12. Amendment No. 127.

    Shri Kuladhar Chaliha: Sir, I move:

    "That clause (b) of paragraph 12 of the Sixth Schedule be deleted."

    Sir, fact is stranger than fiction. Even Parliament will have no power over the autonomous district unless the regional or district council agrees. The clause reads thus:

    "The Governor may, by public notification, direct that any Act of Parliament or of the Legislature of the State to which the provisions of clause (a) of this paragraph do not apply shall not apply to an autonomous district or an autonomous region, or shall apply to such district or region or any part thereof subject to such exceptions or modifications as he may with the approval of the District Council for such district or the Regional Council for such region specify in the notification, if a resolution recommending the issue of such direction is passed by such District Council or such Regional Council, as the case may be."

    The Governor has no power and the Parliament has no power unless the Regional Council or the District Council by a resolution recommends a particular course.

    The Honourable Dr. B.R. Ambedkar: May I draw your attention to my amendment No.128 on the Order Paper? As that is going to be moved, this amendment of my friend will be quite unnecessary. Therein I am proposing the omission of the words objected to by him.

    Shri Kuladhar Chaliha: I am glad that for once some kind of sense has dawned upon the Drafting Committee.

    The Honourable Dr. B.R. Ambedkar: That is because for the first time you have convinced me by your arguments.

    Sir, I will now move my amendment No. 128:

    "That in clause (b) of paragraph 12, for the words 'with the approval of the District Council for such district or the Regional Council for such region specify in the notification if a resolution recommending the issue of such direction is passed by such District Council or such Regional Council, as the case may be' the words 'specify in the notification' be substituted."

The Governor, by this amendment, is freed from the trammels of any resolution that may be passed by the District Council or the Regional Council. He can now act on the advice of the Ministry whether a particular law passed by Parliament or by the Legislature of Assam is to apply to that area or not.

    Mr. President: There are two amendments to this paragraph. Nos. 205 and 206 standing in the name of Shri Brajeshwar Prasad. We have discussed more than once and rejected the principles contained in them. I do not think therefore that we should take them up. The question is:

    "That in clause (b) of paragraph 12, for the words 'with the approval of the District Council for such district or the Regional Council for such region specify in the notification, if a resolution recommending the issue of such direction is passed by such District Council or such Regional Council, as the case may be' the words 'specify' in the notification' be substituted."
 


The amendment was adopted.


 


    Mr. President: The question is:

    "That paragraph 12, as amended, stand part of the Sixth Schedule."
 


The motion was adopted.

Paragraph 12, as amended, was added to the Schedule.
_______

Paragraph 13


 


    Mr. President: Amendment No. 129.

    The Honourable Dr. B.R. Ambedkar: Sir, I move:

    "That in paragraph 13, after the words 'the State of Assam shall' the words 'be first placed before the District Council for discussion and then after such discussion' be inserted."

    Mr. President: Amendment No. 130 by Mr. Rohini Kumar Chaudhuri. It is more or less the same as No.129. Do you wish to move it?

    Shri Rohini Kumar Chaudhuri: Mr. President, Sir, I move?

    "That in amendment No. 129 above in paragraph 13, after the words ' and then after such discussion' (proposed to be inserted) the words 'and such separate statement pertaining to autonomous districts shall be subject to such modifications and alterations as the State Legislature may make' be inserted."

    This is only a formal amendment. I think it is the intention of the Drafting Committee that the estimated receipts and expenditure pertaining to an autonomous district should be subject to such alterations or modifications as the State Legislature may make. This is evidently an omission, and the addition of these words will make the meaning perfectly clear. Otherwise it will be meaningless to place the Statement before the House, unless it is subject to modifications and alterations.

    Shri Brajeshwar Prasad: I am not moving either of the two amendments 131 and 132.

    Mr. President: Would you like to say anything, Dr. Ambedkar, about Mr. Rohini Kumar Chaudhuri's amendment?

    The Honourable Dr. B.R. Ambedkar: I must complain that, although the words "Section 177" occur in the original draft, my Friend Mr. Rohini Kumar Chaudhuri has thought it fit to bring in this amendment No. 130. The effect of regarding it as a financial statement within the meaning of 177 means that it will be discussed by the Assam Legislature and, voted upon. Amendments may be moved and the appropriation law would apply. The only thing is that before the Assam Legislature deals with it, it is desirable to allow the District Councils to have their say as to how the money should be allocated. I hope he is now content.

    Mr. President: The question is:

    "That in paragraph 13. after the words 'the State of Assam shall' the words 'be first placed before the District Council for discussion and then after such 'discussion' be inserted."

The amendment was adopted.

    Mr. President: The question is:

    "That in amendment No. 129 above, in paragraph 13, after the words 'and then after such discussion' (proposed to be inserted) the words 'and such separate statement pertaining to autonomous districts shall be subject to such modifications and alterations as the State Legislature may make' be inserted."
 


The amendment was negatived.


 


    Mr. President: The question is:

    "That paragraph 13 as amended, stand part of the Sixth Schedule."
 


The motion was adopted.

Paragraph 13, as amended, was added to the Schedule.
_________

Paragraph 14


 


    Shri Brajeshwar Prasad: Mr. President, Sir with your permission, I beg to move:

    "That for amendments Nos. 3500, 3501 and 3502 of the List of Amendments (Vol. II), the following be substituted:-

    "That for paragraph 14 of the Sixth Schedule, the following be substituted:-
    "The Governor of Assam as the agent of the President:-

the words "(or alternatively the Governor of Assam) in his discretion" I am not moving, Sir.

"may at any time appoint a Commission consisting of not less than seven members, of whom not less than three shall be members of the scheduled tribes and the rest shall be chosen from the ranks of eminent anthropologists, retired judges of the Supreme Court and of the High Courts and men of science and letters, to examine and report on any matter specified by him relating to the administration of autonomous districts and autonomous regions in the State generally and in particular on-

        (a) the provision of educational, cultural, medical, economic and religious facilities and communications in such districts and regions;

        (b) the need for any new or special legislation in respect of such districts and regions;

        (c) the administration of the laws, regulations and rules made by the District and Regional Councils, and define the procedure to be followed by such Commission."

    I have only two points to make. I have enlarged the scope of this Commission. I have said that it is to inquire into the provision for educational, cultural, medical, economic and religious facilities. These words do not find a place in the original paragraph.

    Mr. President: Educational and medical facilities are there.

    Shri Brajeshwar Prasad: But not cultural and religious facilities. My amendment enlarges therefore the scope and functions of the Commission. Secondly, Sir, I have also circumscribed the sphere of choice of the Governor in appointing the members of the Commission. He is not free to choose all whom he likes. He has to choose from among the categories of persons that I have enumerated in my amendment. Beyond this, I have nothing more to say.

    The Honourable Dr. B.R. Ambedkar: Sir, I do not think that this amendment is necessary. So far as.........

    Mr. President: You have yourself certain amendments to move first.

    The Honourable Dr. B.R. Ambedkar: Yes, Sir, I will move them first. Sir, I move:

    "That in sub-paragraph (1) of paragraph 14, after the words 'autonomous districts in the State' the words, brackets, letters and figures 'including matters specified in clauses (b), (c), (d) and (e) of sub-paragraph (3) of paragraph 1 of this Schedule' be inserted."

    "That in sub-paragraph (1) of paragraph 14, after the autonomous districts', in the two places where they occur, the words ' and autonomous regions' be inserted."

    "That in clauses (a) and (b) of sub-paragraph 14, after the word districts' in the two places where it occurs, the words 'and regions' be inserted."

    "That in paragraph (3) of paragraph 14, after the words 'autonomous districts' the words ' and autonomous regions' be inserted."

    Some of these amendments are consequential. Others are purely verbal.

    Shri Kuladhar Chaliha: Mr. President, Sir, I move:

    "That with reference to amendments Nos. 3500 and 3501 of the List of Amendments (Vol. II), after clause (c) of sub-paragraph (1) of paragraph 14, the following new clause be added:-
           '(d) inclusion or exclusion of any tribal area from any district or Regional Council.' "

    Sub-paragraph (1) of paragraph 14 provides for the appointment of a Commission to inquire into and report on the administration of the autonomous districts. Somehow or other they have omitted to include a provision for the inclusion or exclusion of any tribal area from the District or Regional Councils. They say that the Commission will report on-

    "(a) the provision of educational and medical facilities and the communications in such districts;

    (b) the need for any new or special legislation in respect of such districts; and

    (c) the administration of the laws, regulations and rules made by the District and Regional Councils."

I understand that the Commission will have power to include or exclude any tribal area, but I find that no provision has been made for the Commission to enquire into that question. It may be that some of the plains area have been included in the tribal areas and if he wanted to get rid of them, the Commissioner should have the power to go into them. Sir, I have tabled a very modest amendment, namely, "inclusion or exclusion of any tribal area from any district or Regional Council." I trust the Drafting Committee will reciprocate the kindness after all the unkindness they have shown and that they will accept this and include my amendment in (d), it will greatly improve the clause.

    The Honourable Dr. B.R. Ambedkar: I should like to draw my honourable Friend's attention to the amendment which I moved to paragraph 1 of this Schedule, in which the provisions of sub-paragraph (3) were altered in certain respects. This matter which he now wants to provide is to be regulated on the recommendation of the Commission. That paragraph has already been passed, and therefore, it is not necessary.

    Shri Kuladhar Chaliha: Is it amendment No. 99?

    The Honourable Dr B.R. Ambedkar: Yes, it is 99.

    Shri Kuladhar Chaliha: But yet you have limited the commission here in paragraph 14 to (a), (b) and (c). That is my difficulty.

    The Honourable Dr. B.R. Ambedkar: That is what had been passed.

    Shri Kuladhar Chaliha: It has already been passed, but all the same you have limited it in (a), (b) and (c).

    The Honourable Dr. B.R. Ambedkar: If I may explain to my honourable Friend, the operation of sub-paragraph (3) which deals with the alterations in the tribal areas either by inclusion or exclusion, are divided into two categories. The first is this: Inclusion in any part of the said table which is (a). That the Governor can do, at the very start. For that no recommendation of the Commission is necessary. But according to my amendment if action is to be taken under (b), (c), (d) and (e), then the Commission's recommendation is necessary and as I said that part has been passed by the House. It is not possible to re-open this now.

    Shri Kuladhar Chaliha: You have limited it again with the consideration of the report of the Commission appointed under sub-paragraph (1) of paragraph 14 of this Schedule. You have provided amendment No.99 but limited it again. I should like to hear what Dr. Ambedkar has to say about it.

    The Honourable Dr. B.R. Ambedkar: It is not limited by paragraph 14.

    Shri T.T. Krishnamachari: If the honourable Member will please look at amendment No.134, which wants the inclusion of the words "including matters specified in clauses (b), (c), (d) and (e) of sub-paragraph (3) of paragraph 1 of this Schedule" after the words "autonomous districts in the State" in sub-paragraph (1) of paragraph 14 then he will find the object that he has in mind has already been served by this amendment.

    Shri Kuladhar Chaliha: Thank you, Sir.

    Pandit Hirday Nath Kunzru (United Provinces : General): I have some difficulty in understanding this. The amendment moved by Mr. Chaliha is to the effect that the Commission that may be appointed by the Governor should consider not merely the inclusion of any new tribal area but also its exclusion. An area may be excluded from an existing tribal area without its being included in another tribal area and that thing has not been provided for here. All that the amendment No.99 of Dr. Ambedkar provides is that an area may be taken out of one tribal area and united to another area but there is no power given to the Commission to inquire and to report about the desirability of excluding an area altogether. Only Parliament will have the power to exclude an area. Parliament will have the power to exclude an area from a tribal area, but without having the considered recommendations of the Commission before it because this Commission will not be empowered to deal with the matter.

    The Honourable Dr. B.R. Ambedkar: If I may deal with my honourable Friend, Pandit Kunzru's difficulty, I think my honourable Friend has not clearly understood the purpose of Mr. Chaliha's amendment. Mr. Chaliha's amendment is "inclusion or exclusion of any tribal area from any District or Regional Council," that is to say, the diminution of the jurisdiction of the District or Regional Council. That is what Mr. Chaliha is speaking of. What my honourable Friend is speaking of is with the taking away altogether from an autonomous district any area and include it in the general territory of Assam. These are two quite different matters.

    Pandit Hirday Nath Kunzru: Why should not the Commission be asked to report on that matter?

    The Honourable Dr. B.R. Ambedkar: The Commission has got power to report. If my honourable Friend will read the provision, he will find the following: "The Government of Assam may at any time appoint a Commission to examine and report 'on any matter'." "Any matter" may include also the provisions contained in paragraph I and they are also specifically mentioned 'specified by him relating to the administration of the autonomous districts in the State or may appoint a Commission to inquire into and report from time to time on the administration of Autonomous districts" includes matters specified, that is "any matters." My amendment No.134 I have moved in order to make it quite clear and not to lead to interpretation of the words "any matter." I have now specifically mentioned that these may "include matters specified in clauses (b), (c), (d) and (e) of sub-paragraph (3 of paragraph 1 of this Schedule)," and these will be referred to the Commission. That is the purport of my amendment No.134.

    Pandit Hirday Nath Kunzru: I understand the purport of the amendment all right and I am well aware of the contents of clauses (b), (c), (d) and (e) of the paragraph but what I say is that the Commission that will be appointed to deal with any matter connected with the administration of the autonomous regions does not seem to me to have the power of reporting that an area already included in a tribal area may be excluded from it and amalgamated with an ordinary administered area.

    The Honourable Dr. B.R. Ambedkar: My honourable Friend ought to refer to (d) of paragraph (3) of the said table.

    Pandit Hirday Nath Kunzru: That has been removed by your own amendment.

    The Honourable Dr. B.R. Ambedkar: That I think will have to be done by Parliament by law.

    Pandit Hirday Nath Kunzru: Without having the considered recommendations of the Commission. Parliament should have before it the report of the Commission but now it will have to deal with the matter entirely on the strength of such knowledge as it may have.

    The Honourable B.R. Ambedkar: This is a matter which is not within the competence of the Governor. As passed, the exclusion of any area from the tribal areas is a matter which is taken out of the purview of the Governor. It is left to Parliament to decide. This Commission is merely to guide the Governor to deal with matters which are mentioned in clauses (b), (c), (d) and (e) of sub-para (3). Any matter which is outside it is a matter for Parliament. Parliament may appoint a Commission independently of this Commission and then legislate.

    Prof. Shibban Lal Saksena: There is no provision for it.

    The Honourable Dr. B.R. Ambedkar: No provision is necessary. Parliament may act upon the advice of the Assam Ministry. If Parliament thinks that that advice is not independent and that there should be independent evidence, Parliament is free to appoint a Commission and make an enquiry of its own.

    *Shri Rohini Kumar Chaudhuri: Sir, I beg to move:

    "That with reference to amendment No. 135 above, the following proviso be added after sub-paragraph (1) of paragraph 14 of the Sixth Schedule:-

    'Provided that the State Legislature shall be represented by two members elected by the Assam Legislative Assembly.' "

    I would like to draw the attention of the House to paragraph 3 as amended and passed by the House which says that all laws passed by the District Councils shall be placed before the legislature and that the Governor shall give his assent on the advice of the Ministry. That is to say, that the legislature has a voice through their Ministers in the matter of laws passed by the District Councils and Regional Councils. One of the objects for which this Commission will be appointed is the need, under sub-clause (b), for any new or special legislation in respect of such districts. The Commission will be expected to report on the need for any new or special legislation in respect of such districts. Furthermore, sub-paragraph (2) of paragraph 14 lays down that the report of every such Commission with the recommendations of the Governor with respect thereto shall be laid before the legislature of the State by the Minister concerned together with an explanatory memorandum regarding the action proposed to be taken thereon by the Government of Assam. It follows from this sub-paragraph that the whole report will be discussed by the legislature. I therefore think that when the Commission is expected to report on the need for any new special legislation, and when the report of the Commission will be placed before the State legislature for discussion, it is only in the fitness of things that two members of the provincial legislature should be represented in the Commission. These two members who will be with the Commission at the time of collecting materials for the report, will be able to give their important advice in the House itself. If the opinion of the members from the province of Assam counts for anything in regard to the discussion on this Sixth Schedule which relates primarily to Assam, I think the Honourable Dr. Ambedkar would agree to accept my amendment. I think we are fairly unanimous- I do not know about the two Ministers, but the rest of us are unanimous - on the need for accepting this amendment.

    Prof. Shibban Lal Saksena: The Governor is free to appoint anybody to the Commission.

    The Honourable Dr. B.R. Ambedkar: There are no limitations at all on the Governor.

    Shri Rohini Kumar Chaudhuri: I say two members should be elected by the legislature.

    The Honourable Dr. B.R. Ambedkar: He is not prevented from doing so.

    Shri Rohini Kumar Chaudhuri: There is no harm in saying that. A man may live or die. Why do you say, die? I want to say live. Please accept my amendment.

    The Honourable Dr. B.R. Ambedkar: The Governor will proceed to appoint a Commission on the advice of the Ministry. You think your Ministry will not appoint two members from the legislature.

    Shri Rohini Kumar Chaudhuri: I want them to be elected by the legislature. I attach certain importance to election by the Assembly. I think the Honourable Dr. Ambedkar also used to give such importance; but he may change his mind now.

    Mr. President: There are certain other amendments proposed by Mr. Brajeshwar Prasad : 207, - "President" for "Governor"; 208, ' "President" for "Governor"; 209, - "Parliament " for "State legislature"; 210, - "Union" for "Assam"; 211, - "Union" for "State"; 212,-"President" for "Governor"; 213,-"in the State of Assam for "in the State".

    Shri Brajeshwar Prasad: I do not want to move these.

    Mr. President: All the amendments to this paragraph have been moved. Would you like to say anything, Dr. Ambedkar?

    The Honourable Dr. B.R. Ambedkar: No.

    Mr. President: I would put the amendments now.

    The question is:

    "That for amendment Nos. 3500, 3501, and 3502 of the List of Amendments (Vol. II), the following be substituted:-

    "The Governor of Assam as the agent of the President may at any time appoint a Commission consisting of not less than seven members, of whom not less than three shall be members of the scheduled tribes and the rest shall be chosen from the ranks of eminent anthropologists, retired judges of the Supreme Court and of the High Courts and men of science and letters, to examine and report on any matter specified by him relating to the administration of the autonomous districts and autonomous regions in the State, or may appoint a similar commission to inquire into and report from time to time on the administration of autonomous districts and autonomous regions in the State generally and in particular on-

    (a) the provision of educational, cultural, medical, economic and religious facilities and communications in such districts and regions;

    (b) the need for any new or special legislation in respect of such districts and regions;

    (c) the administration of the laws, regulations and rules made by the District and Regional Councils, and define the procedure to be followed by such Commission.' "
 


The amendment was adopted.


 


    Mr. President: The question is:

    "That in sub-paragraph (1) of paragraph 14 after the words 'autonomous districts', in the State the words, brackets, letters and figures 'including matters specified in clauses (b), (c) and (e) of sub-paragraph (3) of paragraph 1 of this schedule' be inserted."
 


The amendment was adopted.


 


    Mr. President: The question is:

    "That in sub-paragraph (1) of paragraph 14 after the words 'autonomous districts' , in the two places where they occur, the words 'and autonomous regions' be inserted."
 


The amendment was adopted.


 


    Mr. President: The question is:

    "That in clauses (a) and (b) of sub-paragraph (1) of paragraph 14, after the word 'districts' in the two places where it occurs, the words 'and regions' be inserted."
 


The amendment was adopted.


 


    The President: The question is:

    "That with reference to amendments Nos. 3500, 3501 of the List of Amendments (Volume II), after clause (c) of sub-paragraph (1) of paragraph 14, the following new clause be added:-

    '(d) inclusion or exclusion of any tribal area from any district or Regional Council.' "
 


The amendment was negatived.


 


    Mr. President: The question is:

    "That with reference to amendment No. 135 above, the following proviso be added after sub-paragraph (1) of paragraph 14 of the Sixth Schedule:-

    "Provided that the State legislature shall be represented by two members elected by the Assam Legislative Assembly.' "
 


The amendment was negatived.


 


    Mr. President: The question is:

    "That paragraph 14, as amended, stand part of the Sixth Schedule."
 


The motion was adopted.

Paragraph 14, as amended, was added to the Schedule.
_________

Paragraph 15

(Amendment No. 140 was not moved)


 


    The Honourable Dr. B.R. Ambedkar: Sir, I move:

    "That sub-paragraph (3) of paragraph 15 be omitted."

    That is because it gives discretion to the Governor which it is not proposed now to leave with him.

    Mr. President: Amendment No.142: We have dealt with the question of discretion so many times. Is it necessary to move it?

    Shri Brajeshwar Prasad: As you direct me, Sir.

    Mr. President: I do not think it is necessary. Amendment 214 : again "President" for "Governor"; Amendment 215, "Parliament" for "legislature of the State"; Amendment 216 : That is the same as Dr. Ambedkar's. These are all the amendments. Dr. Ambedkar, would like to say anything?

    The Honourable Dr. B.R. Ambedkar : No. As I have said we are taking away the discretion from the Governor which we had originally laid with him and it is therefore necessary to delete this sub-para (3).

    Mr. President: The question is:

    "That sub-paragraph (3) of paragraph 15 be omitted."

    Mr. President: The question is:

    "That paragraph 15, as amended, stand part of the Sixth Schedule."
 


The motion was adopted.

Paragraph 15, as amended, was added to the Schedule.


 


    Shri Brajeshwar Prasad: Sir, I would suggest that we sit for a few minutes more and finish this schedule.

    Mr. President: It will take time. We may not be able to finish. I was just going to remind the House that we are very much behind our scheduled time and something will have to be done to catch up the lost time.

    Shri R.K. Sidhva (C.P. & Berar : General) : Today we have no other words and we may sit in the afternoon.

    The Honourable Dr. B.R. Ambedkar: Tomorrow if you like we can sit. Today we have called a meeting of the Drafting Committee to take up some articles which have remained for consideration.

    Mr. President: Very well, we shall consider that tomorrow. The House stands adjourned till 9 o'clock tomorrow.

    The Assembly then adjourned till Wednesday, the 7th September 1949 at 9 A.M.
___________________________________________________________________________

*[ ] Translation of Hidnustani speech
*Uncorrected