THE DRAFT CONSTITUTION 317
THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 348
If these premises be correct, there is no justification for a State to continue to retain the power. The object of the assumption of the power by the Union is not by some simple or easy method without having recourse to a change in the Constitution to convert what is Provincial or State power into a concurrent power. This principle is not kept in view in Article 228 which provides that the province will continue to have the legislative power in the particular subject. The conversion of what is a Provincial power into a concurrent power would offer a premium for interference by the Centre and may strike ultimately at the federal structure of the Constitution itself. I would, therefore, suggest the substitution of the following words :—
“on the ground that any matter enumerated in the State List has assumed national importance” for the words:
“or expedient in the national interest...............resolution” and add the words :
“that Parliament should make laws with respect to such matter”;
before the words “it shall be lawful for the Parliament etc.”
In article 228 for the words “Nothing in articles 226 and 227” substitute “Nothing in article 227”.
ALLADI KRISHNASWAMI.
Article 218 is unnecessary, as it deals with the Supreme Court which is an item in List I.
Article 221 deals with a High Court. There is no point in specially providing for the jurisdiction as the jurisdiction of all Courts including the High Court is covered by items relating to the jurisdiction in the
3 Lists. As the articles dealing with the distribution of legislative power specially refer to the Lists, a separate article dealing with the Supreme High Court is superfluous and unnecessary.
ALLADI KRISHNASWAMI.
By Order, H. V. R. IENGAR,
Secretary.