DRAFT CONSTITUTION 1195
The Honourable Dr. B. R. Ambedkar : If you look at clause 1, there you will see, “This Act may be called the Government of India (Second Amendment) Act, 1949.” The next one is called the third Amendment Act, 1949, which deals with the custody, management and disposal of evacuee property and the election in West Bengal.
The confusion, I think, has arisen from the fact that we have passed two other Acts in the Constituent Assembly, one relating to the Abolition of Privy Council Jurisdiction and another amending the Central Government and Legislature Act, 1946. Those Acts are not amendments of the Government of India Act, at all. Although those Acts may have indirect effect on the Government of India Act, they are not amendments to the Government of India Act. We are, therefore, entitled to class this as the Fourth Amendment, because, so far as direct amendment of the Government of India Act, 1935 is concerned, this Assembly has passed only three Acts and no other.
Mr. Naziruddin Ahmad : But there is no Third Amendment Act, at all.
The Hounourable Dr. B. R. Ambedkar : Of course there is. The third Act deals with the custody, management and disposal of evacuee property. I have got the Act here before me.
Mr. President : There seems to be a little confusion about this matter. Fourth is not the number of the Act. what is described here is the fourth amendment of the Act. That is not the number of the Act itself. The number of the Act is separate.
The Honourable Dr. B. R. Ambedkar : It is a description of the present Act. It is a short title.
Mr. President : It is only a description. The number will be Act No.
6 of 1949.
The Honourable Dr. B. R. Ambedkar : That is so. This is a short title.
Mr. President : The constituent Assembly has passed five Acts upto now, in 1949 and this will be the sixth. But so far as amendments are concerned, it is the fourth amendment to the Government of India Act, and therefore it is called the Fourth amendment.
Pandit Hirday Nath Kunzru (United Provinces : General) : If out of the five Acts that we have already passed....
Mr. President : This is the sixth.
The Honourable Dr. B. R. Ambedkar : We have passed in this Assembly five Acts. Out of them two have nothing to do with any amendment of the Government of India Act, 1935.