596 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Naziruddin Ahmad is also of a drafting nature and need not be moved No. 1942 is not moved.
I think these are the amendments that we have now.
Does any Member wish to say anything ?
We shall now put the amendments.
I will first take Dr. Ambedkar’s amendment No. 1939 (mentioned above).
The amendment was adopted.
[Dr. Bakshi Tek Chand’s amendment to amendment No. 1938, as given below was also adopted.]
“That in article 115, for the words ‘ or orders in the nautre of the writs ’ the words ‘ orders or writs, including writs in the nature ’ be substituted. ”
[Article 115, as amended, was added to the Constitution.]
ARTICLE 117
*The Honourable Dr. B. R. Ambedkar : Sir, there is one point which I should like to mention. It is not certainly the intention of the proposed article that the Supreme Court should be bound by its own decision like the House of Lords. The Supreme Court would be free to change its decision and take a different view from the one which it had taken before. So far as the language is concerned I am quite satisfied that the intention is carried out.
Shri H. V. Kamath : Then why not say “ all other courts ” ?
The Honourable Dr. B. R. Ambedkar : “ All courts ” means “ all other courts.”
[Article 117 was adopted without amendment and added to the Constitution.]
ARTICLE 119
†Mr. President: Amendment No. 1951 is ruled out.
Shri H. V. Kamath : Sir, the point which I wish to raise in my amendment No. 1952 is a simple one. The article contemplates that the Supreme Court should report to the President its opinion or in its discretion it may with held its opinion. I believe what is meant is that when once the President refers the matter to the Supreme Court for its opinion there is no option for the Supreme Court. If that is not meant then the language is right. But if it is meant that once the President refers the matter to the Supreme Court it must report its opinion thereon to the President, then the word “shall” must come in. I wanted a clarification on that point.
- CAD, Vol. VIII, 27th May 1949, p. 386.
† Ibid p. 387.