DRAFT CONSTITUTION 1003
ARTICLE 202
Mr. President : Article 202.
The Honourable Dr. B. R. Ambedkar : Sir, I move :
“That in clause (1) of article 202, after the words ‘to issue’ the words ‘to any person or authority including in appropriate cases any Government within those territories,’ be inserted.”
I said when moving an amendment to article 302 that a consequential amendment would be necessary in article 202. I am therefore moving this Article 202 as amended will now read as follows :—
“Notwithstanding anything contained in article 25 of this Constitution, every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction to issue to any person or authority including in appropriate cases any Government within those territories directions or orders in the nature of writs of habeas corpus, mandamus, prohibition, quo warranto and certiorari, for the enforcement of any of the rights conferred by Part III of this Constitution for any other purposes.”
It is just consequential.
Pandit Thakur Das Bhargava : (East Punjab : General) : Why do you say in appropriate cases?
The Honourable Dr. B. R. Ambedkar : Because appropriate cases will be laid down by law of Parliament.
[The amendment was adopted.]
ARTICLE 234-A
*The Honourable Dr. B. R. Ambedkar : Sir, I move :
“That after article 234, the following new article be inserted : —
‘234-A. (1) The executive power of the Union shall also extend to the giving of direction to a State to the measures Control of the Union over to be taken for the protection as respects States as respects protection protection of railways, of the railways of Railways within the State.
(2) Where by virtue of any direction given to a State under clause (1) of this article costs have been incurred in excess of those which would have been incurred in the discharge of the normal duties of the State if such direction had not been given there shall be paid by the Government of India to the State such sum as may be agreed or, in default of agreement, as may be determined by an arbitrator appointed by the Chief Justice of India in respect of the extra costs so incurred by the State.’ ”
Sir, all police first of all are in the Provincial list. Consequential the protection of railway property also lies within the field of Provincial Government. It was felt that in particular cases the Centre might desire that the property of the railway should be protected by taking special measures by the province and for that purpose the Centre now seeks to be endowed with power to give directions in their behalf. It is possible
*CAD, Vol. IX, 9th September 1949, pp. 1185-1186.