1198 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
With regard to the suggestion of my friend all that it means is that there should be a marginal note giving the chapter number of the Interpretation Act of 1889. That is a matter for the draftsman to consider, and if he thinks such a marginal note is necessary, he will no doubt consider the matter. But this marginal note is not added against the clause of the other Acts which amend the Government of India Act of 1935.
Mr. Naziruddin Ahmad : Although Dr. Ambedkar says that in all the previous Acts this clause appears, yet I beg to point out that in Act No. V, there is no such clause. I pointed out the omission but I was over-ruled.
The Honourable Dr. B. R. Ambedkar : That was a self-contained Act. It required no reference to the Interpretation Act at all.
[The amendments of Naziruddin Ahmad were negatived and clause 2 was added to the Bill.]
Clause 3
*Shri H. V. Pataskar : Sir, I move :
“That in clause 3, after the words ‘alter the name of any Province’ the words ‘after ascertaining the opinion of the members of the Legislature of the province whose name is proposed to be changed’ be added.”
†The Honourable Dr. B. R. Ambedkar : Sir, dealing first with the amendment of Mr. Pataskar, I am afraid I must point out that it would not fit in within the framework of section 290. My friend does not seem to have noticed that to the various sub-clauses of clause ( 1 ) of section 290 there is a general proviso which applies to all the sub-clauses (a), (b), (c) and (d). If he refers to that proviso he will find that his amendment would introduce double conditions for the operation of the new clause, namely sub-clause (e) . Sub-clause (e) would be subject to the condition he wants to lay down in his amendment, namely, ‘after ascertaining the opinion of the members of the legislature of the province whose name is proposed to be changed’. In addition to that, sub-clause (e) would also be governed by the proviso, namely that the Governor-General shall ascertain the views of the Government of the province. In view of this there would arise a very difficult condition, according to his amendment, the Governor-General will be bound to ascertain the wishes of the legislature. According to the proviso to section 290, he will be bound to ascertain the views of the Government of the province. He will therefore put himself in a double
*CAD, Official Report, Vol. XI, 25th November 1949, p. 930.
† Ibid., pp. 935-937.