Article 13 - Page 432

DRAFT CONSTITUTION 399

the phrase “existing law” in the various clauses where these words occur. As I see, many people have not been able to read the clause in that way. In reading “existing law”, they seem to forget what has already been stated in article 8. In order to remove the misunderstanding that is likely to be caused in a layman’s mind, I have brought forward this amendment to sub-clauses (3), (4), (5) and

(6) I will read for illustration sub-clause (3) with my amendment.

“Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law, imposing in the interests of public order.”

I am accepting Mr. Bhargava’s amendment and so I will add the word “reasonable” also.

“Imposing in the interests of public order reasonable restrictions on the exercise of the right conferred by the said sub-clause.”

Now, the words “in so far as it imposes” to my mind make the idea complete and free from any doubt that the existing law is saved only in so far as it imposes reasonable restrictions. I think with that amendment there ought to be no difficulty in understanding that the existing law is saved only to a limited extent, it is saved only if it is not in conflict with the Fundamental Rights.

Sub-clause (6) has been differently worded, because the word there is different from what occurs in sub-clauses (3), (4) and (5). Honourable Members will be able to read for themselves in order to make out what it exactly means.

Now, my friend, Pandit Thakur Dass Bhargava entered into a great tirade against the Drafting Committee, accusing them of having gone out of their way to preserve existing laws. I do not know what he wants the Drafting Committee to do. Does he want us to say straightaway that all existing laws shall stand abrogated on the day on which the Constitution comes into existence ?

Pandit Thakur Dass Bhargava : Not exactly.

The Honourable Dr. B. R. Ambedkar : What we have said is that the existing law shall stand abrogated in so far as they are inconsistent with the provisions of this Constitution. Surely the administration of this country is dependent upon the continued existence of the laws which are in force today. It would bring down the whole administration to pieces if the existing laws were completely and wholly abrogated.

Now, I take article 307. He said that we have made provisions that the existing laws should be continued unless amended. Now, I should