DRAFT CONSTITUTION 371
continued right from the time when the Congress was founded. Unfortunately, the British Government did not give effect to the resolutions of the Congress demanding this particular principle being introduced into the administration of the country. We think that the time has come when this reform should be carried out. It is, of course, realised that there may be certain difficulties in the carrying out of this reform ; consequently this amendment has taken into consideration two particular matters which may be found to be matters of difficulty. One is this : that we deliberately did not make it a matter of fundamental principle, because if we had made it a matter of fundamental principle it would have become absolutely obligatory instantaneously on the passing of the Constitution to bring about the separation of the judiciary and the executive. We have therefore deliberately put this matter in the chapter dealing with directive principles and there too we have provided that this reform shall be carried out within three years, so that there is no room left for what might be called procrastination in a matter of this kind. Sir I move.
ARTICLE 39-A
*Mr. Vice-President (Dr. H. C. Mookherjee) : Notice of an amendment has been received from Dr. Ambedkar. Will you please move your amendment, Dr. Ambedkar ?
The Honourable Dr. B. R. Ambedkar (Bombay : General) : Mr. Vice-President, I move:
That in article 39-A delete the words beginning from “ secure” up to “separation of” and in their place substitute the word, “separate”.
so that the article 39-A, with this amendment would read as follows :—
“The State shall take steps to separate the judiciary from the executive in the public services of the State.”
The House will see that the object of this amendment is to eliminate the period of three years which has been stated in the original article as proposed by 39-A. The reasons why I have been obliged to make this amendment are these. There is a section of the House which feels that in these directive principles we ought not to introduce matters of details relating either to period or to procedure. These directive
*CAD. Vol. VII, 25th November 1948, pp. 585-86