DRAFT CONSTITUTION 757
ARTICLE 213
The Honourable Dr. B. R. Ambedkar : Sir I move. :
“That with reference to amendment No. 2722 of the List of Amendments, for article 213, the following article be substituted :—
‘213. (1) Notwithstanding anything contained in this Constitution Parliament may by law create or continue for Creation or continuance of any State for the time being specified in Part II local Legislatures or Council of of the First Schedule and administered through Advisers or Ministers. a Chief Commissioner or Lieutenant Governor—
(a) a body, whether nominated, elected or partly nominated and partly elected, to function as a Legislature for the State ; or
(b) a council of advisers or ministers or both with such constitution, powers and functions in each case, as may be specified in the law.
(2) Any law referred to in clause (1) of this article shall not be deemed to be au amendment of this Constitution for the purposes of article 304 thereof notwithstanding that it contains any provision which amends or has the effect of amending the Constitution.”
Sir, the principal change sought to be effected by this amendment is this. In the original Draft the power of creating a body, whether nominated or elected, for purposes of representation and a Council of Advisers or Ministers was a matter which was left to the President. The new Draft gives the power to Parliament and not to the President. That is the only substantial change which has been effected by this new article. Otherwise the provision remains the same.
†The Honourable Dr. B. R. Ambedkar (Bombay : General) : Mr. President, Sir, with regard to the amendment moved by my Friend Lala Deshbandhu Gupta, I am quite certain that this is not the place where the amendment properly come in. The amendment also raises a question of principle, namely, that it provides for a weightage in representation to certain areas. Now, the House will remember that at one stage, this question of weightage in representation was debated at considerable length and the House accepted the principle that weightage should not be allowed. However, I might say that by reason of article 67 where certain principles of representation are laid down, it might be possible that if some territories of India are unable to obtain even a single representative by reason of the rule, we will have to make some special provision. We cannot allow by reason of a mathematical rule to deprive any territory of representation in the State. In that connection, this matter
- CAD, Vol. IX, dated 1st August 1949, p. 73.
† Ibid ., dated 2nd August 1949, pp. 100-01.