PARLIAMENTARY DEBATES 365
1 is a very relevant entry so far as the security of the State is concerned. Take the second head—friendly relations with foreign States. That is covered by entries 9, 10 and 14 in List 1. Take the third head—public order, decency and morality. That is in entry 1 in List II.
Dr. S. P. Mookerjee: What entry?
Dr. Ambedkar: It is entry 1 in List II to some extent. And so far as newspapers, books etc. are concerned it is also related to entry 39 in List III. Contempt of court comes in entry 95 in List I and also in entry 14 in List III. Defamation is in entry 1 in List III. Incitement to an offence is in entry 1 in List III.
Now having had this information before the House, I think the House will understand that in the large majority of the cases since the entry either falls in List I or in List III, Parliament has in some cases the exclusive authority to make law, in some cases concurrent authority to make them.
Dr. S. P. Mookerjee: Will the Hon. Minister be more specific ? Where is the concurrent power to pass laws regarding public order ?
Dr. Ambedkar: With regard to public order, there is another entry—39 in List III—which speaks of books and newspapers. Newspapers are very much concerned.
Dr. S. P. Mookerjee: The Hon. Minister is arguing that with regard to certain matters—in fact with regard to all the matters either Parliament has concurrent jurisdiction or has exclusive jurisdiction. I would like him to be more specific.
Dr. Ambedkar: I am giving the entries.
Dr. S. P. Mookrjee: Public order?
Dr. Ambedkar: The large head for public order is entry
1 in List II. Newspapers may also come under public order.
Dr. S. P. Mookerjee: It is not.
Dr. Ambedkar: The point is this. Some law has to be related to some entry. How is the authority of Parliament or the authority of a State to be determined to make a law ?