DRAFT CONSTITUTION 701
Mr. President : Supposing in a ease the trial court holds that it is a case of grievous hurt, although it has resulted in death and passes a sentence of imprisonment and supposing there is an appeal to the High Court which by way of revision holds that it is a case of murder and not grievous hurt and gives a sentence of death. For the first time, the conviction is for murder by the High Court and the sentence of death is also passed for the first time.
The Honourable Dr. B. R. Ambedkar : For the moment I am not prepared to go beyond the proposition as set out in my amendment. If Parliament later on thinks that such a case ought to be provided, it has perfect liberty under clause (2).
Mr. President : It is a different matter and is for the House to decide. For myself, I have not been able to find the distinction.
Shri H. V. Pataskar (Bombay : General) : I have moved amendment No. 25 to the original amendment No. 24 of the Honourable Dr. Ambedkar.
Mr. President : There is no time for that. I think you are too late now. We cannot allow it at this stage.
I have to put the various amendments now and those Honourable Members who think that their amendments are covered by the new amendment of Dr. Ambedkar, I hope, would withdraw them.
[The amendment of Dr. Ambedkar was adopted. Other amendments were mostly withdrawn. One was rejected. Article 111-A as amended, was added to the Constitution.]
ARTICLE 164
*The Honourable Dr. B. R. Ambedkar : Sir, I move :
“That in clause (1) of article 164 for the words ‘Save as provided’ the words ‘Save as otherwise provided’ be substituted.”
[Without discussion Amendment was accepted. Article 164, as amended was added to the Constitution.]
ARTICLE 167-A
† The Honourable Dr. B. R. Ambedkar : Sir, various points have been raised in the course of this detabe and I should like to deal with them one by one. If I heard my Friend Mr. Sidhva correctly he referred to article
165 dealing with the question of the taking of the oath or making the affirmation. The point about article 165 is this that if the provisions of
*CAD, Vol. VIII, 14th June 1949, p. 860.
† Ibid., pp. 865-67.