DRAFT CONSTITUTION 1021
Coming to the specific provision contained in the second part, I will first...*
Pandit Thakur Das Bhargava : Who made those Lists ?
The Honourable Dr. B. R. Ambedkar : I made them : you passed them !
I had these limitations in mind. Now I come to the proviso to clause
3 (b).
Shri Mahavir Tyagi : Will you help laymen to understand as to why you have not provided for the revision by the Advisory Board of the cases under clause (4) ?
The Honourable Dr. B. R. Ambedkar : I cannot explain to him the legal points in this House. This House is not a law class and I cannot indulge in that kind of explanation now. The honourable Member is my friend; if he does not understand he can come and ask me afterwards.
Now I will deal with the proviso which is subject to two sorts of criticisms. One criticism is this : that in the case of persons who are being arrested and detained under the ordinary law as distinct from the law dealing with preventive detention, we have made provision in clause (1) of article 15A that the accused person shall be informed of the grounds of his arrest. I said we do not make any such provision in the case of a person who is detained under preventive detention. I think that is a legitimate criticism. I am prepared to redress the position, because I find that, even under the existing laws made by the various provincial governments relating to preventive detention, they have made provision for the information of the accused regarding the grounds on which he has been detained. I personally do not see any reason why when provinces who are anxious to have preventive detention laws have this provision, the Constitution should not embody it. Therefore I am prepared to incorporate the following clause after clause (3) in article 15A :
“ (3a) Where an order is made in respect of any person under sub-clause (b) of clause (3) of this article, the authority making an order shall....”
Babu Ramnarayan Singh : Sir, Dr. Ambedkar says that provinces want the inclusion of this clause...
Mr. President : He has not said anything of that sort. What he has said is that several of the Acts which have been passed by the provinces for preventive detention contain certain provisions. He wants to incorporate a similar provision in this article.
Babu Ramnarayan Singh : I wanted to know whether we are passing legislation at the dictates of the provinces.
Mr. President : Nothing of the sort.
*Dots indicate interruption.