DRAFT CONSTITUTION 411
Amendment No. 505 as modified by amendment No. 92 of List V. I understand that Dr. Ambedkar accepts it. The question is:
“That in clause (1) of article 14, for the words ‘ under the law at the time of the commission ‘the words’ under the law in force at the tune of the commission ‘ be substituted. “
The amendment was adopted.
[Two amendments were negatived.]
Mr. Vice-President : Amendment No. 512 moved by Kazi Syed Karimuddin and accepted by Dr. Ambedkar. The question is : That in article 14, the following be added as clause (4):—
“(4) The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated and no warrants shall issue but upon probable cause supported by oath or affirmation and particularly describing the place to be searched and the persons or things to be seized.”
I think the [‘] Ayes’ have it.
Shri T. T. Krishnamachari : The Noes have it.
Mr. Vice-President : I will again put it to the vote.
I think the ‘ Ayes ‘ have it.
Shri T. T. Krishnamachari : No, Sir, the ‘Noes’ have it.
Mr. Vice-President : I shall first of all call for a show of hands.
(The Division Bell was rung.)
Shri Mahavir Tyagi (United Provinces : General) : May I proposed that this question might be postponed for the time being and a chance be given for the Members to confer between themselves and arrive at a decision. Even the British House of Commons, sometimes converts itself into a committee to give various parties a chance to confer and arrive at an agreed solution.
Mr. Vice-President : I am prepared to postpone the voting on this amendment provided the House gives me the requisite permission. I would request the House to be calm. This is not the way to come to decisions which must be reached through co-operative effort and through goodwill. Does the House give me the necessary power to postpone voting on this ?
The Honourable Pandit Jawaharlal Nehru : Mr. Vice-President, Sir, as apparently a slight confusion has arisen in many members’ minds on this point, I think. Sir, that the suggestion made is eminently desirable, that we might take up this matter a little later, and we may