1128 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
as part of the area of the provinces, it does not exclude them—it retains the power of the States to make laws under any of the items contained in List II so as to be applicable to the areas covered by the aerodromes and the areas covered by the ports. What the amendment says is that if the Central Government think that for any particular reason such as for instance sanitation, quarantine, etc., a law is made by the State within whose jurisdiction a particular aerodrome or port is located, then it will be open for the President to say that this particular law of the State shall apply to the aerodrome or to the port subject to this, that or the other notification. Beyond that, there is no invasion on the part of the Centre over the dominion of the States in respect of framing laws relating to entries contained in List II, so far as aerodromes and ports are concerned. I hope my Friend, Mr. Sidhva, will now withdraw his objection.
Mr. President : I shall now put amendment No. 450 to the vote. The question is :
“That after article 302AA, the following new article be inserted :
“302AAA. (1) Notwithstanding anything contained in this Constitution, the Special provisions as President may by public notification direct to major ports and that as from such date as may be specified in aerodromes notification—
(a) any law made by Parliament or by the Legislature of a State shall not apply to any major port or aerodrome or shall apply thereto subject to such exceptions or modifications as may be specified in the notification, or
(b) any existing law shall cease to have effect in any major port or aerodrome except as respects things done or omitted to be done before the said date, or shall in its application to such port or aerodrome have effect subject to such exceptions or modifications as may be specified in the notification.
(2) In this article :—
(a) ‘major port’ means a port declared to be a major port by or under any law made by Parliament or any existing law and includes all areas for the time being included within the limits of such port ;
(b) ‘aerodrome’ means aerodrome as defined for the purposes of the enactments relating to airways, aircraft and air navigation.’ ”
The motion was adopted.
Article 302AAA was added to the Constitution.
- Mr. President : Now I have to put the amendment moved by Mr. Kamath to vote. There is no alternative left to me.
The Honourable Dr. B. R. Ambedkar : He may be asked to withdraw it.
*CAD, Vol. X, 17th October 1949, p. 442.