DRAFT CONSTITUTION 379
That would be, in my judgment, the proper reading, and if it was read that way, the absurdity to which my Friend referred would not arise. But I can quite understand that a person who is not properly instructed in the rules of interpretation of Statute may put the construction which my Friend Mr. Naziruddin Ahmad is seeking to put, and therefore to avoid this difficulty, with your permission, I would suggest that in the amendment which I have moved to sub-clause (3) of article 8, I may be permitted to add the following words after the words “In this article”. The words which I would like to add would be—
“Unless the context otherwise requires”
so that the article would read this way—
‘In this article, unless the context otherwise requires—
(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 ………..’ ”
I need not read the whole thing.
So, if the context in article 8 (1) requires the term ‘law’ to be used so as to include custom, that construction would be possible. If in subclause (2) of article 8, it is not necessary in the context to read the word ‘law’ to include custom, it would not be possible to read the word ‘law’ to include custom. I think that would remove the difficulty which my Friend has pointed out in his amendment.
Mr. Vice-President : I shall put the amendments, one by one, to vote. I am referring to the numbering of the amendments in the old list....
I put amendment No. 252, standing in the name of Mr. Mahboob Ali Baig to vote. The question is :
“That the proviso to clause (2) of article 8 he deleted.”
The amendment was adopted.
[Amendment No. 259, standing in the name of Shri Lokanath Misra was negatived.]
*Mr. Vice-President : Then I put amendment No. 260, as amended by Dr. Ambedkar. The question is :
“That for clause (3) of article 8, the following be substituted:—
- (3) In this article, unless the context otherwise requires,
(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;
*CAD, Vol. VII, 26th November 1948, p. 645.