872 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Dr. P. S. Deshmukh : Sir, I beg to move :
“That in amendment No. 12 of List I (Sixth Week), in entry 37 of List I. for the words ‘by railway, by sea or by air’ (proposed to be substituted), the words ‘by land, sea or air’ be substituted”.
*The Honourable Dr. B. R. Ambedkar : Sir, I am afraid I cannot accept the amendment moved by Dr. Deshmukh, because if we include it, it will become a central subject.
Dr. P. S. Deshmukh : If it is between two provinces?
The Honourable Dr. B. R. Ambedkar : That will come under interState traffic.
Dr. P. S. Deshmukh : I am prepared to withdraw my amendment.
(The amendment ws, by leave of the Assembly, withdrawn.)
(Shri H. V. Kamath did not press his amendment.)
ENTRY 38
†The Honourable Dr. B. R. Ambedkar : Sir, I move :
“That for entry 38 of List I, the following entry be substituted : — ‘38. Railways.’ ”
I think this change requires some explanation. If honourable Members will turn to entry 38 as it stands in the Draft Constitution, they will notice in the first place the distinction made between Union railways and minor railways. The distinction was necessary because, in respect of the Union railways, the Centre would have the authority to legislate with regard to safety, minimum and maximum rates and fares, etc. The responsibility of actual administration as carriers of goods and passengers, in respect of minor railways, was limited. In other words, so far as maximum and minimum rates and fares, station and service terminal charges etc. are concerned, they were taken out of the jurisdiction of the Central legislature. It is felt that it is desirable that, as the railway service is one uniform service throughout the territory of India, there should be a single legislative authority to deal with railways in all matters on a uniform basis. Consequently the entry in the First Part is now extended to all railways including minor railways. Again, as legislation is intended to be uniform, it is felt that it is unnecessary to retain the second part of the entry which makes a distinction between Union railways and minor railways. I might also say that this entry is purely a legislative entry. It is not an entry which deals with ownership. That means that even if the Centre had
*CAD, Vol. IX, 30th August 1949, p. 757.
† Ibid., p. 757.