370 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Prof. Shibban Lal Saksena : Mr. Vice-President, Sir, I beg to move :
“That in article 39, after the words ‘from spoliation’ the word ‘disfigurement’ be inserted, and all the words after the words ‘may he’ to the end of the article be deleted.”
The Honourable Dr. B. R. Ambedkar : Why do you want to make a speech when I am going to accept it ?
Prof. Shibban Lal Saksena : I am glad that Dr. Ambedkar is going to accept it. Because this article is to be a directive principle, it should not mention about laws of Parliament and so we must omit the words “to preserve and maintain according to law made by Parliament all such monuments or places or objects.”
The Honourable Dr. B. R. Ambedkar : Sir, I accept the amendment.
Mr. Vice-President : I am now putting the amendments one by one.
The motion was adopted.
Mr. Vice-President : There is the amendment of Prof. Shibban Lal Saksena.
Begum Aizaz Rasul : (United Provinces : Muslim) : May I know if Dr. Ambedkar has accepted Prof. Shibban Lal Saksena’s amendment ? If not, I wish to oppose the second part.
Mr. Vice-President : There is no second part so far as I am aware. It only refers to deletion of certain words. The first part is the same.
Begum Aizaz Rasul : I wish to oppose that motion.
Mr. Vice-President : I am afraid it is too late now. The motion was adopted.
Article 39, as amended, was added to the Constitution.
ARTICLE 39-A
*The Honourable Dr. B. R. Ambedkar : Mr. Vice-President, Sir, I move:
“That after article 39, the following new article be inserted :—
‘39-A. That State shall take steps to secure that, within a period of three years from the commencement of this Constitution, there is separation of the judiciary from the executive in the public services of the State.’.”
I do not think it is necessary for me to make any very lengthy statement in support of the amendment which I have moved. It has been the desire of this country from long past that there should be separation of the judiciary from the executive and the demand has been
*CAD, Vol. VII, 24th November 1948, p. 582.