Article 276 - Page 795

762 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

Prof. Shibban Lal Saksena : Let us hear him tomorrow. In any case we want to hear him.

Mr. President : I am only thinking of the time. I do not think any reply is particularly called for. I will put the amendments to vote now.

[All the 4 amendments were negatived and the Article 276 as moved by Dr. Ambedkar was adopted and added to the Constitution.]

ARTICLE 276


*Mr. Naziruddin Ahmad (West Bengal : Muslim) : May I point out that 3003 is a drafting amendment ? It merely transposes a few words from one place to another.

The Honourable Dr. B. R. Ambedkar (Bombay : General) : If that is so, I agree.

(Amendments Nos. 3004 and 3005 were not moved.)

Mr . President : No. 3006 is not exactly of a drafting nature. 3006 is consequential to 3003. So, better move both.

The Honourable Dr. B. R. Ambedkar : Sir, I beg to move :

“That in article 276, the words ‘notwithstanding anything contained in this Constitution’ after the word ‘then’ he deleted and the words ‘notwithstanding anything contained in this Constitution’ be inserted at the beginning of clause (a) of the same article.”

I also move:

“That in clause (b) of article 276, the words ‘notwithstanding that it is one which is not enumerated in the Union List’ be added at the end”.

(Amendment No. 119 of Supplementary List was not moved.)

Mr. President : There is no other amendment.


Shri T. T. Krishnamachari (Madras : General) : Mr. President, Sir, I am afraid .if my Friend Mr. Naziruddin Ahmad will look at section 126A of the Government of India Act, he will find why Dr. Ambedkar’s amendment is necessary, because 276(b) gives executive power to the Union in times of emergency, when an emergency is declared, and these words are necessary in order to make the meaning perfectly clear. The tiling has been clarified, in terms of the language used in the Government of India Act, section

126A. If he will read the section once again, he will find that there is no objection to the inclusion of these words in this article.

Ibid., p. 130.