DRAFT CONSTITUTION 967
mous districts in States” 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, 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 1 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”.