DRAFT CONSTITUTION 739
Shri R. K. Sidhwa : The Honourable Dr. Ambedkar has not answered my point as to how the Parliament is competent to give a furnished house to the Chief Justice.
The Honourable Dr. B. R. Ambedkar : We are not rejecting it. Nothing is said about the furnished house. We shall discuss that.
[The amendment of Pandit Kunzru was negatived and the motion moved by Dr. Ambedkar as shown before was accepted. Article 104, as amended was added to the Constitution.]
NEW ARTICLE 148-A
*The Honourable Dr. B. R. Ambedkar : Sir, I move :
That after article 148, the following new article be inserted :—
“148A. (1) Notwithstanding anything contained Abolition or creation in article 148 of this Constitution, Parliament may of Legislative Councils by law provide for the abolition of the Legislative to States Council of a State having such a Council, or for the creation of such a Council in a State having no such Council, if the
Legislative Assembly of the State passes a resolution to that effect by a
majority of the total membership of the Assembly and by a majority of not
less than two-thirds of the members of the Assembly present and voting.
(2) Any law referred to in clause (1) of this article shall contain such provisions for the amendment of this Constitution as may be necessary to give effect to the provisions of the law and may also contain such incidental and consequential provisions as Parliament may deem necessary.
(3) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purpose of article 304 thereof.”
As honourable members will see, this new article 148A provides for two contingencies : (i) for the abolition of the Second Chamber in those province which will have a Second Chamber at the commencement of the Constitution and (ii) for the creation of a Legislative Council in a province which at the commencement of the Constitution has decided not to have a Legislative Council but may subsequently decide to have one.
The provision of this article follow very closely the provisions contained in the Government of India Act, section 60, for the creation of the Legislative Council and section 308 which provides for the abolition. The procedure adopted here for the creation and abolition is that the matter is really left with the Lower Chamber, which by a resolution may recommend either of the two courses that it may decide upon. In order to facilitate any change made either in the abolition of
- CAD, Vol. IX, dated 30th July 1949, pp. 13-14.