662 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
while our object is that the High Court should be permitted to withdraw that part of the case which refers to the interpretation of the Constitution. My submission, therefore, is that unless you provide specifically as we are doing now under article 204, the High Court will have to withdraw the whole case to itself if it wants to decide the question of the interpretation of this Constitution.
I would like to say one thing more. You will remember that there was no time between yesterday and this morning to apply all that close attention to the wording of this particular amendment which I have moved. I am therefore moving this amendment because I think it is very wrong to keep on holding up article after article because of certain minor defects or discrepancies. I should like to say that while I move this amendment I would like to have an opportunity given to the Drafting Committee to make such changes as it may deem necessary in order to remove the defects that have been mentioned if there are any, and bring it into line with the other articles which the assembly has passed.
Mr. President : I will now put the amendment of Professor Shah No.
2674 to vote.
Mr. H. V. Kamath : I thought Dr. Ambedkar’s amendment superseded this amendment.’
The Honourable Dr. B. R. Ambedkar : I am substituting the entire article. You may withdraw amendment No. 2674.
Mr. President : Your amendment is for substituting the whole article. I will then put your amendment to vote.
The question is :—
“Thai for article 204, the following article he substituted :—
‘204. If the High Court is satisfied that a case pending in a court subordinate to it involves a Transfer of certain substantial question of law as to the interpretation cases to High Courts. of this Constitution the determination of which is necessary for the disposal of the case, it shall withdraw the case and may— (a) either dispose of the case itself, or
(b) determine the said question of law return to case to the court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt thereof proceed to dispose of the case in conformity with such judgment.’”
The amendment was adopted.
Mr. President : Now this becomes the original article. It disposes of all the amendment moved. The question is :—
“That article 204, as amended, stand part of the Constitution.”
The motion was adopted.
Article 204, as amended, was added to the Constitution.
[Dr. Ambedkar’s amendment was carried. Article 204, as amended, was added to the Constitution.]