z:\ ambedkar\vol-02\vol2-10.indd MK SJ+YS 21-9-2013/YS-8-11-2013 781
EVIDENCE : RIGHT HON. SIR SAMUEL HOARE AND OTHERS 781
The point that I wish to draw your attention to is that, first of all, there are some Provincial subjects which are made specifically concurrent under Part II of Schedule I to the Devolution Rules ?
Sir Samuel Hoare: Yes.
13,130. Dr. B. R. Ambedkar: While subjects although they are made Provincial are controlled by the proviso that they are subject to the Central Legislature ?
Sir Samuel Hoare: Yes.
13,131. Dr. B. R. Ambedkar: I have made a computation that out of the
51 subjects which are included in Part II of the Schedule to the Devolution Rules, 14 are made expressly subjects to the Central Legislature, or to rules made by the Central Government or the Secretary of State. That is one thing. The second thing is this : That all Provincial matters are subject to concurrent jurisdiction by the Central Government under section 67, subclause (2) of the Government of India Act by previous sanction. Although any subject is regarded under Part II as a Provincial subject, it is none the less open to the Central Government to legislate upon the whole of that Central subject provided previous sanction is obtained from the Governor-General ?
Sir Samuel Hoare: Yes.
13,132. Dr. B. R. Ambedkar: On the side of the Provincial Government control is exercised by the Central Government on the concurrent field under section 80( a ), whereby the local legislature of any Province may not with out the previous sanction of the Governor-General make or take into consideration any law for regulating any Central subject or regulating any Provincial subject which has been declared by rule or law as being subject to the Central expressly reserved to the Governor-General in Council by the law for the time being in force. That is the present position ?
Sir Samuel Hoare: Yes.
13,133. Dr. B. R. Ambedkar: That is practically all of the Provincial field as also the concurrent field provided the sanction of the Governor-General is obtained ?
Sir Samuel Hoare: Yes ; that is so.
13,134. Dr. B. R. Ambedkar: Now under the present proposals the whole thing is completely altered. I mean the concurrent power of the Central Legislature is proposed to be taken away in most of the matters ?
Sir Samuel Hoare: Except in the List 3, yes.
13,135. Dr. B. R. Ambedkar: I want next to draw your attention to List
- I am sorry I lost my paper which I completed, but I think I am right in suggesting that a great many of the subjects included in List 3 are today either exclusively Central or concurrent ?
Sir Samuel Hoare: Yes ; I think it might be said that a number of them certainly are.
13,136. Dr. B. R. Ambedkar: Consequently it would be fair to suggest that under the present Government of India Act. Your Concurrent List has