DRAFT CONSTITUTION 963
(Paragraph 10)
- The Honourable Dr. B. R. Ambedkar : Sir, I move:
“That in sub-paragraph (2) of paragraph 10, for the words ‘Such regulations may’ the words ‘In particular and without prejudice to the generality of the foregoing power, such regulations may’ be substituted.”
It is merely a drafting change.
I also move:
“That after sub-paragraph (2) of paragraph 10, the following subparagraph be added :—
‘ (3) All regulations made under this paragraph shall be submitted forthwith to the Governor and, until assented to by him, shall have no effect’.”
(The amendment was adopted)
†The Honourable Dr. B. R. Ambedkar : May I say a word or two with regard to matters about which my friend is terribly excited? There are three things provided by way of safeguards which my friend has not taken into consideration. The first provision to paragraph
10 says: “Provided that no such regulations may be made under this paragraph unless they are passed by a majority of not less than three-fourths of the total membership of the District Council:” This is one safeguard. The second safeguard is contained on page
184 of the Draft Constitution. It says: ‘Provided further that it shall not be competent under any such regulations to refuse the grant of a licence to a money-lender or a trader who has been carrying on business within the district since before the time of the making of such regulations.” Therefore, existing rights are not affected.
The third thing to which my friend has not cared to pay any attention is the amendment I have moved, viz., “All regulations made under this paragraph shall be submitted forthwith to the Governor, and until assented to by him shall have no effect.”
These precautions are there.
As regards his remarks that what the Drafting Committee has done is a barbaric thing, not done even by the British Government. I may point out that he forgets the fact that this excluded area was entirely within the discretion of the Governor; it was his fault. We have altogether taken away that discretion of the Governor. He can now act only subject to the advice of the Ministry.
*CAD, Vol. IX, 6th September 1949, p. 1041.
† Ibid., pp. 1041-1042.