1086 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Mr. President : I will put the amendment to vote now.
[3 amendments were negatived. Article 312-F as amended by Dr. Ambedkar’s amendment was added to the Constitution]
*Mr. President : Then we take up Schedule IV.
Shri T. T. Krishnamachari : Sir, I move that Schedule IV be deleted.
Some Honourable Members : How can it be deleted ?
Mr. President : So far as the Drafting Committee is concerned, they have been moving for deletion of particular articles. Now, there are amendments to this Schedule IV. I think it will be better if Dr. Ambedkar were to explain the position as to why the Schedule is dropped, because Members have given notice of amendments. That will make the position clear.
The Honourable Dr. B. R. Ambedkar : Mr. Krishnamachari will explain.
†The Honourable Dr. B. R. Ambedkar : Sir, with regard to the Instrument of Instructions, there are two points which have to be borne in mind. The purpose of the Instrument of Instructions as was originally devised in the British Constitution for the Government of the colonies was to give certain directions to the head of the states as to how they should exercise their discretionary powers that were vested in them. Now the Instruments were effective in so far as the particular Governor or Viceroy to whom these instructions were given was subject to the authority of the Secretary of State. If in any particular matter which was of a serious character, the Governor for instance, persistently refused to carry out the Instrument of Instructions issued to him, it was open to the Secretary of State to remove him, and appoint another and hereby secure the effective carrying out of the Instrument of Instructions. So far as our Constitution is concerned, there is no functionary created by it who can see that these Instruments of Instructions are carried out faithfully by the Governor.
Secondly, the discretion which we are going to leave with the Governor under this Constitution is very very meagre. He has hardly any discretion at all. He has to act on the advice of the Prime Minister in the Matter of the election of members of the Cabinet. He has also to act on the advice of the Prime Minister and his Ministers of State with respect to any particular executive or legislative action that he takes. That being so,
*CAD, Vol. X, 11th October 1949, p. 114
† Ibid., pp. 115-116.