DRAFT CONSTITUTION 1035
be that the Bombay Government after that territory has been merged, may retain the laws for that particular territory known as Baroda, or its own legislation might abrogate it. Therefore any existing law means the law that is in force at the date of commencement of the Constitution.
The Honourable Shri K. Santhanam : I do not press my amendment.
[Above amendment of Dr. Ambedkar was adopted. Sub-clause (i) of clause
(1), as amended, was added to article 303.]
Mr. President : Then (j). There is no amendment to this. The question ist :
“That sub-clause (j) of clause (1), stand part of article 303.”
(The motion was adopted)
Honourable Dr. B. R. Ambedkar : Sir, I move :
“That after sub-clause (j) of clause (1) of article 303, the following sub-clause be inserted : —
‘ (jj)’ ‘foreign State’ means any State other than India but does not include a State notified in this behalf by the President.’ ”
The Honourable Shri K. Santhanam : Would Dr. Ambedkar kindly explain what is meant by the latter portion of this sub-clause (jj) ? Will he give an illustration of that ?
*The Honourable Dr. B. R. Ambedkar : Sir, the position is this : If one were to stop with the word “India”, it means what a Foreign State ordinarily means. Every State is foreign to another State. That is quite clear from the first part of the definition. Therefore, there can be no quarrel with that part of the definition. In fact that definition may not be necessary even, but in view of the fact that we have used the words “Foreign State” in some part of our Constitution and in view of the fact that it may be necessary for certain purposes to declare that a Foreign State, although it is a Foreign State in the terminological sense of the word, is not a Foreign State for certain purposes, it is necessary to have this definition and to give the power to the President to declare that for certain purposes a State of that kind will not be a Foreign State. The case of Malaya, I understand, is very much in point. Therefore, it really means that for certain purposes the President may declare that although a State is a Foreign State in the sense that it is outside India, for certain purposes will not be treated as a Foreign State. It is for that purpose that this definition is sought to be introduced.
The Honourable Shri K. Santhanam : This sub-clause does not authorize the President to notify for certain purposes. It gives a definition.
The Honourable Dr. B. R. Ambedkar : That will, of course be remembered duly by the President when he issues the notification.
[The amendment of Dr. Ambedkar as shown above was adopted.]
*CAD, Vol. IX, 16th September 1949, p. 1586.