990 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
This is a purely transitional provision.
[The motion was adopted. Article 283 was added to the Constitution.]
ARTICLE 302
Mr. President: Then we take up article 302. Dr. Ambedkar.
The Honourable Dr. B. R. Ambedkar: I move :
“That in clause (1) of article 302, after the words ‘Governor’ the words ‘or Ruler’ be inserted.”
“That in the second proviso to clause (1) of article 302, for the words and figures ‘bring against the Government of India or the Government of a State such proceedings as are mentioned in Chapter III of Part X of this Constitution’ the words ‘bring appropriate proceedings against the Government of India or the Government of a State’ be substituted.”
“That in clause (2) of article 302, after the word ‘Governor’ the word ‘Ruler’ be inserted.”
“That in clause (3) of article 302, after the word ‘Governor’ the words ‘or Ruler’ be inserted.”
“That in clause (4) of article 302—
(a) after the word ‘Governor’ in the first place where it occurs, the words ‘or Ruler’ be inserted;
(b) for the word ‘Governor’ in the second place where it occurs, the words ‘as Governor or Ruler’ be substituted; and
(c) after the word ‘Governor’ in the third place where it occurs, the words ‘or the Ruler’ be inserted.”
An Honourable Member: What about 13, Sir?
Mr. President: It is not in the Order paper. It is held over.
The Honourable Dr. B. R. Ambedkar : Amendments 14,16,17 and 18 are purely drafting amendments. The only amendment perhaps which requires an explanation is No. 15. The reason for bringing in this amendment is that reference to Chapter III really means reference to article 274. Article 274 deals with the right of suit against Government and that article is divided into two parts. One part deals with the right of suit as exists on the date of the commencement of the Constitution. The other part is regarding the power of Parliament to make further provision with regard to the right of suit against Government. If the words as there remain, it would only mean that the right of suit against Government would be in terms of 274 as it would be on the date of commencement of the Act. The substitution of the words “appropriate proceedings” is intended to cover not only the right of suit as it would exist on the date of commencement of the Act, but also as to subsequent proceedings which Parliament may by law provide against the Government of the day. That is the reason for this amendment.
*CAD, Vol. IX, 8th September 1949, pp.1119-1120.