DRAFT CONSTITUTION 1009
*Shri T. T. Krishnamachari : May I suggest, Sir, before adjourning the House, that you may put to vote articles 99 and 184 which this Chapter supersedes?
The Honourable Dr. B. R. Ambedkar : No; no. It is not in today’s Order Paper.
Mr. President : This brings the proceedings of this evening to a close but before adjourning the House I desire just to say a few words of congratulation. I think we have adopted a Chapter for our Constitution which will have very far reaching consequences in building up the country as a whole. Never before in our history did we have one language recognised as the language of rule and administration in the country as a whole....
NEW ARTICLE 112-B
†The Honourable Dr. B. R. Ambedkar : (Bombay : General) : Mr. President, Sir, I move :
“That after article 112-A, the following new article be inserted : —
‘112-B. Until Parliament by law otherwise provides, the Supreme Court shall also have jurisdiction and powers with Jurisdiction and powers of His Majesty respect to matters other than those referred in Council under to in the foregoing provisions of this Chapter existing law in certain in relation to which jurisdiction and powers cases to be exercisable were exercisable by His Majesty in Council by the Supreme immediately before the commencement of Court. this Constitution under any existing law’.”
Sir, the position is this that according to the ruling of the Privy Council there is a distinction between civil matters and matters relating to Income-tax and, for instance, acquisition proceedings. It has been held that the proceedings relating to Income tax and to acquisition of property do not lie within the purview of what are called ‘civil proceedings.’ And it might therefore be held that unless a special provision was made the powers of the Supreme Court were confined to civil proceedings. In order to remove that doubt this article 112-B is now proposed to be introduced so as to give the Supreme Court full powers over all proceedings, including civil proceedings and other proceedings which are not of a civil nature. That is the reason why this article is sought to be introduced.
*CAD, Vol. IX, 14th September 1949, p. 1489.
†Ibid., 15th September 1949, p. 1493