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used. So far therefore as the first part of the amendment moved by my Honourable friend, Mr. Naziruddin, is concerned, my submission is that we have not acted in any eccentric manner but that whatever phraseology we have used is covered by the Constitutions of other countries as well.
With regard to his second amendment that we should not repeat the word “article” alter the word “or” and that we should merely say, “article 2 or 3”, my submission is again the same. There again we have followed well known Constitutions and if my friend will examine them, he will find that similar phraseology occurs elsewhere also. For his information, I would ask him to refer to section 69, sub-clause (3), of the Government of India Act. The word used there is “paragraph”. It says, “paragraph (d) or paragraph (e)”. It does not merely say, “paragraph (d) or (e)”. Therefore this can hardly be a matter of debate or a matter of difference of opinion so far as the principle is concerned. It is a mere matter of precedent and the question to be asked is : Have we done something which is not covered by precedent ? And my submission is this, that whatever we have done in the matter of using phraseology is covered by precedent and therefore, there can be no objection to any clause as it stands in the draft.
Mr. Naziruddin Ahmad : Then what about clause (2) of Article 4 ? I think there should be a short notice amendment to use the words “of this Constitution” in clause (2) in order to make the draft clear.
Mr. Vice-President: We cannot create a bad precedent by admitting a short notice amendment.
The Honourable Dr. B. R. Ambedkar : I cannot accept it, Sir.
Mr. Vice-President : In that case, I shall put the amendments to vote one by one.
[All the amendments of Mr. Naziruddin Ahmed were negatived and clause
(1) and clause (2) of Article 4 stood part of the Constitution.]
ARTICLE 28
*Mr. Vice-President : The next amendment stands in the name of Mr. Kamath, No. 838. Are you moving amendment No. 838 ?
Shri H. V. Kamath : Mr. Vice-President, I move :
“That in the heading under Part IV for the word ‘Directive’, the word ‘Fundamental’ to substituted.”
*CAD, (Official Report), Vol. VII. 19th November 1948. p. 474.