DRAFT CONSTITUTION 637
*The Honourable Dr. B. R. Ambedkar : I move :
“That in clause (3) of article 110, for the words ‘not only on the ground that any such question as aforesaid has been wrongly decided, hut also, the words on the ground that any such question as aforesaid has been wrongly decided and with the leave of the Supreme Court,’ be substituted.”
The existing language is somewhat awkward and that is the reason why we are putting it in a different way so that it may read without any difficulty. The clause now will read as follows :—
“Where such a certificate is given, or such leave is granted, any party in the case may appeal to the Supreme Court on the ground that any such question as aforesaid has been wrongly decided, and with the leave of the Supreme Court, on any other ground.”
†The Honourable Dr. B. R. Ambedkar : Sir, I cannot help saying that the debate has really gone off the track and the Members have really wandered far away from the immediate point raised by my Friend Mr. Naziruddin Ahmed in his amendments Nos. 1904 and
- All that is before us is amendment No. 1904. According to that amendment what my friend Mr. Naziruddin Ahmed wants to do is to suggest that the last few words of sub-clause (1) of article 110, namely the words as to the interpretation of this Constitution should be deleted. I am sorry I was not able to hear exactly the grounds which he urged for the deletion of the phrase ‘as to’ the interpretation of this Constitution’. Although I tried hard to catch his very words, all that I could hear him say as the reason for moving amendment No. 1904 was that he felt that those words were words of limitation, and that if those words remained there would be no provision for an appeal to the Supreme Court in cases where a question of constitutional law did not arise.
Mr. Naziruddin Ahmad : I believe I am right.
The Honourable Dr. B. R. Ambedkar : No question of certificate arises.
Mr. Naziruddin Ahmad : You wanted to delete that yesterday.
The Honourable Dr. B. R. Ambedkar : I think my honourable Friend Mr. Naziruddin Ahmad has probably n(H grasped the scheme of the articles which deal with the Supreme Court.
Mr. Naziruddin Ahmad : That is your stock argument.
The Honourable Dr. B. R. Ambedkar : We have in this Draft Constitution made separate provision for appeal in cases where
*CAD, Vol. VIII, 3rd June 1948, p. 595.
† Ibid., pp. 612-14.