362 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
CONSTITUTION (1ST AMENDMENT) BILL 1951
* Shri Jawaharlal Nehru: …….. Now, it has become a convention—I cannot immediately say whether it is anything more and whether it is in the Constitution itself— that anything coming under the concurrent list of legislation, any law passed by a State Assembly, has to come up here for examination and for the President’s approval. Is that so ?
An hon. Member : Not until this House has passed a law.
The Minister of Law (Dr. Ambedkar): If it is inconsistant.
An hon. Member: Not until this House passes a law.
Shri Jawaharlal Nehru: What I mean was, if there is obvious repugnance then, of course, it does not come into effect. That is obvious. But in order to examine that there is no repugnance, in order to see that it is what the legislative lists contemplate, it comes up here of the President’s assent. Therefore, in effect ……
Shri Bharati (Madras) : Not necessarily,
Shri Jawaharlal Nehru: I do not say it is necessary, in the sense that the law does not take effect. But I am told that it is practically automatic and anyhow it has been in practice automatic. And such laws have to come up here, every one of them, for they come up daily, first of all to the Home Ministry to examine and to the Law Ministry also to examine and it comes before the President to see whether he expresses his approval or not. So it can be taken for granted that, especially in a matter of this kind it must inevitably come. I go beyond that and if the House wishes I am perfectly willing to add that clause about the President’s assent to article 19. It is for the House to decide.
- P. D., Vol 12, Part II, 31st May 1951, p. 9610.