DRAFT CONSTITUTION 871
ENTRY 26-A
Prof. Shibban Lal Saksena : Sir, there have been cases in the Supreme Court of America on this subject and I would like it to be clearly stated. I would therefore like to move my amendment. Sir, I move :
“That after entry 26 of List I, the following new entry be added :—
- 26-A. Ownership of and dominion over the lands, minerals, and other things of value underlying the ocean seaward of the ordinary low watermark on the coast exceeding three nautical miles.’ ”
*The Honourable Dr. B. R. Ambedkar : This matter is already covered, if I may say so, by article 271 A. My difficulty is : my friend Prof. Shibban Lal’s amendment speaks of ownership. Now, in all these legis lative lists, we only deal with power to make law, not power to appro priate. That is a matter which is regulated by another law, and not by legislative entries. I therefore cannot accept it.
Mr. President: He has referred to a judgment of the Supreme Court of the United States, but I think that is based on the absence of something like article 271-A of our Constitution.
The Honourable Dr. B. R. Ambedkar: We discovered that there was no entry and this was therefore a matter of doubt and in order to clear that doubt we put in 271 A. It is practically a verbatim reproduction of Mr. Shibban Lal’s amendment.
ENTRY 31
†Mr. President : I find there are some amendments to entry 31.
The Honourable Dr. B. R. Ambedkar : Sir, I move :
“That for entry 31 of List I the following entry be substituted :
‘31. Highways declared to be national highways by or under law made by Parliament.’ ”
It is just transposition of words to make the matter clear.
[Entry 31, as amended, was added to the List]
ENTRY 37
‡The Honourable Dr. B. R. Ambedkar : Sir, I move :
** That in amendment 12 of List I, in entry 37, for the words ‘by air or by sea’ the words ‘by railway, by sea or by air’ be substituted”.
This is just caused by an omission.
*CAD, Vol. IX, 30th August 1949, pp. 753-754.
† Ibid., p. 754.
‡ Ibid., p. 755.