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sought to be conferred by clause (a) of this article ? ......... I want to know exactly what the import of his amendment is and why this clause (a) is sought to be amended in this fashion.
The Honourable Dr. B. R. Ambedkar : I am sorry, Mr. Kamath has not been able to understand the scheme which is embodied in article 27. This article embodies three principles. The first principle is that wherever this Constitution prescribes that a law shall be made for giving effect to any Fundamental Right or where a law is to be made for making an action punishable, which interferes with Fundamental Rights, that right shall be exercised only by Parliament, notwithstanding the fact that having regard to the List which deals with the distribution of power, such law may fall within the purview of the State Legislature. The object of this is that Fundamental Rights, both as to their nature and as to the punishments involved in the infringement thereof, shall be uniform throughout India. Therefore, if that object is to be achieved, namely, that Fundamental Rights shall be uniform and the punishments involved in the breach of Fundamental Rights also shall be uniform, then that power must be exercised only by the Parliament, so that there may be uniformity.
The second tiling is this. If there are already Acts which provide punishments for breaches of Fundamental Rights, unless and until the Parliament makes another or a better provision, such laws will continue in operation. That is the whole scheme of the tiling. I do not see why there should be any difficulty in understanding the provisions contained in article 27.
Shri H. V. Kamath : I am sorry, Sir, that Dr. Ambedkar has not been able to follow me clearly (Laughter).
The Honourable Dr. B. R. Ambedkar : It is quite possible.
Mr. Vice-President : Mr. Kamath, it may be the other way.
Shri H. V. Kamath : I am addressing you. Sir, as I always do. The difficulty that arises is this. In the article as it stands at present, clause (a) gives Parliament alone the power. I do not question this : I agree Parliament and Parliament alone should have the right. You say here Parliament shall have power to make laws with regard to any of the matters. Further on, you say that parliament shall, as soon as may be, after the commencement of this Constitution, make laws to provide