Article 167 - Page 664

DRAFT CONSTITUTION 631

thought ‘or’ would be more appropriate, because if any one of these disqualifications arises—if a person disqualified for any of these reasons—then the article will apply.

Mr. President : Dr. Ambedkar might consider it.

Shri H. V. Kamath : As I said, I leave the decision to the wise men of the drafting committee.

The Honourable Dr. B. R. Ambedkar : I think it is perfectly all right, Sir.

Mr. President : Won’t they read cumulatively ?

Honourable Dr. B. R. Ambedkar : No, Sir, they won’t read cumulatively.

Mr. President : If ‘or’ is added it will put it beyond all doubt.

The Honourable Dr. B. R. Ambedkar : I do not think it necessary.

(Amendments Nos. 2425, 2426 and 2427 were not moved.)


*The Honourable Dr. B. R. Ambedkar : I rise only for the sake of my Friend. Mr. Tyagi, as he has asked me one or two pointed questions. As he himself says that he is an illiterate, I can very well understand his difficulty in understanding the word ‘adherence’. I would therefore explain to him what the word ‘adherence’ means. When one country is invaded by another country, what happens is this that the local people either out of fear or out of martial law sometimes give obedience to the laws made by the military governor who acts in the name of the invading country. Such a conduct is often excused while the invasion countinues and the military occupation continues. It often happens that when there is no real necessity to obey the invader or the military governor, either because there has been a relaxation of control or because the hostility has ceased, certain people still continue to render obedience to the military governor or the invader. Their conduct under law is referred to as ‘adherence’. It is distinct from acknowledging. It is to protect this kind of case that the word ‘adherence’ has been used.

Mr. Friend, Mr. Tyagi, was also very much agitated over the question of who are to be regarded as foreign countries. I am sure about it that it is not the intention of my Friend, Mr. Tyagi, to involve me in any discussion about Commonwealth relationship which is a matter which has already been discussed and disposed of in the House, but I would like to tell him that I propose to introduce an amendment to article

303, sub-clause (1), to define what would be regarded as foreign country,

*CAD, Vol. VIII, 2nd June 1948, pp. 573-74.