862 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Mr. President : 147 only.
The Honourable Dr. B. R. Ambedkar : He has got another.
Mr. President : Amendment No. 148 has not been moved.
The Honourable Dr. B. R. Ambedkar : The point of the matter is, the word “investigation” here does not permit and will not permit the making of an investigation into a crime because that matter under the Criminal Procedure Code is left exclusively to a police officer. Police is exclusively a State subject; it has no place in the Union List. The word “investigation” therefore is intended to cover general enquiry for the purpose of finding out what is going on. This investigation is not investigation preparatory to the filing of a charge against an offender, which only a police officer under the Criminal Procedure Code can do.
[Entry 2, as amended by Dr. Ambedkar’s amendment, was added to the Union List.]
ENTRY 3
- The Honourable Dr. B. R. Ambedkar : Sir, I beg to move :
“That for entry 3 of List I, the following entry be substituted :—
‘3. Preventive detention in the territory of India for reasons connected with defence, foreign affairs, or the security of India; persons subjected to such detention.’ ”
Comparing this entry with the original entry in the Draft Constitution, it will be noticed that there are only two changes : for the words ‘external affairs’ we have now used the words ‘foreign affairs’. “Persons subjected to such detention” is an addition; this did not exist in entry 3 as it stands. But, this again has already been passed by the House in the amendment to the Government of India Act. Therefore, substantially, there is no change in the amendment that I am proposing.
†The Honourable Dr. B. R. Ambedkar : In answer to the question put to me by my Friend Mr. Kamath I should like to tell him that there can be no provision for the externment of a citizen. There can be detention and not externment. The externment law can be applied only to aliens, and there is an entry in our list dealing with aliens etc. According to that, the State will be able to deal with an alien, if it wants to extern him.
Shri H. V. Kamath : Where is the entry in the list ?
*CAD, Vol. IX, 29th August 1949, p. 727.
† Ibid., 729-730.