DRAFT CONSTITUTION 377
The Honourable Dr. B. R. Ambedkar : Sir, I move :
“That for clause (3) of Article 8, the following he substituted :—
‘(3) In this article—
(a) the expression ‘law’ includes any ordinance, order, bye-law. rule, regulation, notification, custom, or usage having the force of law in the territory of India or any part thereof;
(b) the expression ‘laws in force’ includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.”
Sir, the reason for bringing in this amendment is this : It will be noticed that in article 8 there are two expressions which occur. In sub-clause (1) of article 8, there occurs the phrase “laws in force”, while in sub-clause (2) the words “any law” occur. In the original draft as submitted to this House, all that was done was to give the definition of the term “law” in sub-clause (3). The term “laws in force” was not defined. This amendment seeks to make good that lacuna. What we have done is to split sub-clause (3) into two parts (a) and (b). (a) contains the definition of the term “law” as embodied in the original sub-clause (3), and (b) gives the definition of the expression “laws in force” which occurs in sub-clause (1) of article 8. I do not think that any more explanation is necessary.
- Mr. Naziruddin Ahmad : Sir, before I move my amendment, I beg to point out that as a comprehensive amendment has been moved by the Honourable Dr. Ambedkar, I think the present amendment should be suitably adapted to apply to that amendment. I wish to move the second part of it only.
Mr. Vice-President : First of all, find out whether he accepts it or not.
Mr. Naziruddin Ahmad : Unless I argue the matter, he will not accept it. I think. Sir, this amendment will have to be accepted.
I beg to move :
That in amendment No. 260 which has been moved by Dr. Ambedkar, the words “custom or usage having the force of law in the territory of India or any part thereof be deleted.
Mr. Vice-President : How can you add to that amendment without giving notice ? It is out of order. You can only make a suggestion.
*CAD. Vol. VII. 26th November 1948, p. 641.