DRAFT CONSTITUTION 1123
The Honourable Dr. B. R. Ambedkar : It is quite clear. Section 2 of the Indian Penal Code says : “every person”. “Every person” means High or low, armed or unarmed.
Mr. President : Mr. T. T. Krishnamachari, would you like to say anything after this ?
Shri T. T. Krishnamachari : No, Sir.
Mr. President : I shall put the amendments to vote.
[Amendment was negatived.]
I shall put article 112 as proposed in amendment No. 421. The question is :
“That with reference to amendment No. 364 of List XV (Second Week), for article 112, the following article be substituted :—
‘112. (1) The Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, Special leave to sentence or order in any cause or matter passed appeal by the Supreme Court. or made by any court or tribunal in the territory of India.
(2) Nothing in clause (1) of this article shall apply to any judgement, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces.’ ”
The motion was adopted.
Article 112, as amended, was added to the Constitution.
*Mr. President : Now we are at the fag end of the clauses and over four or five clauses we need not quarrel.
The Honourable Shri K. Santhanam : But some of the amendments tabled are matters of substance which, I think, will have to be debated at length. I leave it to you, Sir, but so far as this is concerned I think the words “made by Parliament” are absolutely essential to make the meaning precise and clear.
The Honourable Dr. B. R. Ambedkar (Bombay : general) : Sir, the amendment moved by my Friend Mr. Santhanam is quite unnecessary. It has been brought in by him because he has forgotten to take account of the provisions contained in article 60. Article 60 says that the executive power of the Union shall extend to all matters with respect to which Parliament has power to make laws, provided that it shall not so extend, unless the Parliament, law so provides, to matters with respect to which the Legislature of the States has also power to make laws that is, matters in the concurrent List. Therefore, the amendment moved by my Friend Mr. Krishnamachari in sub-clause (b) of clause (1) of article 59 cannot go beyond the power of Parliament to make laws.
*CAD, Vol. X, 17th October 1949, p. 390.