DRAFT CONSTITUTION 395
ARTICLE 12
*Shri T. T. Krishnamachari : Sir, I move :
“That in clause (1) of article 12 after the word “title” the words ‘not being a military or academic distinction’ be inserted.”
Sir, article 12 clause (1) will read, as amended, as follows:
“No title not being a military or academic distinction shall be conferred by the State.”
† The Honourable Dr. B. R. Ambedkar : Sir, I accept the amendment moved by my friend Mr. T. T. Krishnamachari.
With regard to the amendment moved by my friend Mr. Naziruddin Ahmad, he wanted the word “accepted” to be substituted by the word “recognised”. His argument was, supposing the citizen does accept a title, what is the penal provision in the Constitution which would nullify that act ? My answer to that is very simple : that it would be prefectly open under the Constitution for Parliament under its residuary powers to make a law prescribing what should be done with regard to an individual who does accept a title contrary to the provisions of this article. I should have thought that that was an adequate provision for meeting the case which he has put before the House.
With regard to the second point of Mr. Kamath, if I have understood him correctly, he asked whether this is a justiciable right. My reply to that is very simple : it is not a justiciable right. The non-acceptance of titles is a condition of continued citizenship ; it is not a right, it is a duty imposed upon the individual that if he continues to be the citizen of this country then he must abide by certain conditions, one of the conditions is that he must not accept a title because it would be open for Parliament, when it provides by law as to what should be done to persons who abrogate the provisions of this article, to say that if any person accepts a title contrary to the provisions of article 12 (1) or (2), certain penalties may follow. One of the penalties may be that he may lose the right of citizenship. Therefore, there is really no difficulty in understanding tills provision as it is a condition attached to citizenship by itself it is not a justiciable right.
Shri H. V. Kamath : My point is about recognition of existing titles by the State.
*CAD, Vol. VII, 30th November 1948, p. 704.
† Ibid., pp. 708-09