DRAFT CONSTITUTION 1005
The Honourable Dr. B. R. Ambedkar : Because we find the railway property needs more attention. The safety of passengers is there.
[The motion of Dr. Ambedkar was adopted. New Article 234-A was added to the Constitution.]
NEW ARTICLE 242-A
*Mr. President : Dr. Ambedkar, you may move amendment No. 372-A, regarding the heading.
Shri T. T. Krishnamachari : If No. 373 is passed, then the deletion of heading is consequential.
The Honourable Dr. B. R. Ambedkar : Sir, I move amendment No.
373 :
“That after article 242, the following new article be inserted : —
‘242-A. (1) Parliament may by law provide for the adjudication of any dispute or complaint with respect Adjudication of disputes relating to the use, distribution or control of to waters of inter state rivers or the waters of, or in, any inter-State river valleys. river or river valley.
(2) Notwithstanding anything contained in this Constitution, Parliament may, by law, provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint as is referred to in clause (1) of this article.’ ”
Sir, originally this article provided for Presidential action. It was thought that these disputes regarding water and so on may be very rare, and consequently they may be disposed of by some kind of special machinery that might be appointed. But in view of the fact that we are now creating various corporations and these corporations will be endowed with power of taking possession of property and other things, very many disputes may arise and consequently it would be necessary to appoint one permanent body to deal with these questions. Consequently it has been felt that the original draft or proposal was too hide-bound or too stereotyped to allow any elastic action that may be necessary to be taken for meeting with these problems. Consequently I am now proposing this new article which leaves it to Parliament to make laws for the settlement of these disputes.
Shri R. K. Sidhva : Article 242 is proposed to be deleted, and so how does this new article 242-A come up alter article 242?
The Honourable Dr. B. R. Ambedkar : This one only indicates the position.
[Motion was adopted, New article 242-A was added to the constitution.]
*CAD, Vol. IX, 9th September 1949, p. 1187.