758 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
may have to he considered, and I can say at this stage that when such areas are brought into existence, and the Drafting Committee is called upon to make some provisions with regard to their representation, then the whole matter might be examined and a fresh article, something after article 67, say article 67-A, might be incorporated. Beyond that, I cannot at this stage, say anything more.
Mr. President : I will put the amendment to vote now.
[Article 213, as amended by Prof. Shibban Lal Saksena’s ammendment was adopted and added to the Constitution.]
ARTICLE 213-A
- Mr. President : Then we go to article 213-A.
The Honourable Dr. B. R. Ambedkar : Sir, I move :
“That after article 213, the following new article be inserted:—
‘213 (1) Parliament may by law constitute a High Court for a State for the time being specified in Part II of the First High Courts for states in Scheduled or declare any Court in such State Part II of the First Schedule. to be a High Court for the purposes of this Constitution.
(2) The Provisions of Chapter VII of Part VI of this Constitution shall apply in relation to every High Court referred to in clause (1) of this article as they apply in relation to a High Court referred to in article 191 of this Constitution subject to such modifications or exceptions as Parliament may by law provide.
(3) Subject to the provisions of this Constitution and to any provisions of any law of the appropriate Legislature made by virtue of the powers conferred on that Legislature by or under this Constitution, every High Court exercising jurisdiction immediately before the commencement of this Constitution in relation to any State for the time being specified in Part II of the First Schedule or any area included therein shall continue to exercise such jurisdiction in relation to that State or area after such commencement.
(4) Nothing in this article derogates from the power of Parliament to extend or exclude the jurisdiction of a High Court in any State for the time being specified in Part I or Part III of the First Schedule to, or from, any State for the time being specified in Part II of that Schedule or any area included within that State.”
Sir, it will be remembered that when the House discussed the constitution of States in Part I, it was decided that every State should have a High Court. States in Part II are also States ; consequently the provision which applies to States in Part I, namely, that each State should have an independent High Court, must also apply to States in Part II. Unfortunately, this provision had not been made in the Draft as it stands now. Consequently it has become necessary to introduce this article 213-A in order to provide that even in States included in
- CAD, Vol. IX, dated 2nd August 1949, p. 102.