z:\ ambedkar\vol-02\vol2-03.indd MK SJ+YS 21-9-2013/YS-8-11-2013 189
ON CREATION OF A SEPARATE KARNATAK PROVINCE 189
the Secretary of State. After the Secretary of State decides to constitute new Provinces, then before tabling an Order in Council to that effect, he is required, an obligation is imposed upon him by section 290, to consult the Legislatures affected by the order. It is then only that it would be permissible for any Provincial Legislature to discuss a resolution of that sort, notwithstanding the fact that the resolution affected areas which were not included within the Province. If this resolution was referred by the Secretary of State to this House, I submit then and then only it would be permissible for this Legislature to consider whether Karnatak should be separated and certain areas which are not part and parcel of this Province should be incorporated in it or not. Unless that step has taken place, unless the matter has been approached by the Secretary of State, I submit this Provincial Government, the Provincial Legislature cannot deal with a resolution which evidently deals with a problem which is beyond the scope and authority of this Legislature and beyond the scope and authority of this Provincial Government I submit therefore that the view which you have taken is a perfectly proper view both under the rules and also under section 290 of the Government of India Act.
The Honourable the Speaker: I would like to have one point made clear. I dropped the suggestion so far as the inclusion of the words “Madras and Coorg” are concerned. The argument advanced by the honourable member Dr. Ambedkar seems to go further and says that any resolution dealing with the creation of any new Province or changing the boundaries of any Province cannot be taken up at all in any Provincial Legislature, because the Legislature has not got the power to take the initiative in that respect. That is what I understand the argument comes to.
Dr. B. R. Ambedkar: Yes, Sir.
The Honourable the Speaker: His point of order then really makes no difference between the inclusion of Madras and Coorg. If nothing can be discussed, then the inclusion of Madras or Coorg makes no difference. His point goes to the very root of it. There is one difficulty in that connection : the power of initiation is given under certain limitations or rather it is to be exercised under certain limitations. But a Legislature expresses its opinion with a view to move the Government which has got the power to initiate proceedings. Is there anything in section 290 which debars a Legislature from making a request for taking the initiative ? It is not that this Legislature by its resolution or its action is going to initiate proceedings in the sense of an actual separation. If the word “initiative” is used, in another sense, it will initiate by making a request. But is it debarred even from making a representation under the terms of section 290 ? On that point, I am afraid I am not inclined to agree with the learned Doctor.
Dr. B. R. Ambedkar: I take exactly the same view, that this House is debarred. The fact that explicitly or expressly the power to take the initiative has been given to the Secretary of State in itself would show that the initiation has been taken out from the Legislature, and I say, comparing