PARLIAMENTARY DEBATES 381
Shrimati Durgabai: I would like to get one point cleared by the Hon. Law Minister. We have been told that whenever a law is made by a State Legislature on any item in the Concurrent List, it would come to the Centre automatically for consultation, advice and all that. I would like to know when such a proposed legislation is sent to the Centre, whether the matter is left to the draftsmen to decide whether the law is inconsistent or not ? What is the procedure ?
Dr. Ambedkar: The lady is thoroughly confused. I am sorry to say.
Shrimati Durgabai: That does not matter. The Law Minister may clear up the confusion.
Dr. Ambedkar: Adaptation applies to existing laws. It does not apply to future laws. All the laws that come to us for such consultation are future laws. The article deals with the existing laws which were made when there was no Chapter on Fundamental Rights anywhere in the Government of India Act and which have now become subject to the Fundamental Rights, and therefore inconsistent. So the inconsistency has to be removed.
Mr. Deputy Speaker: The point is, with respect to any law that is being now made. If it is in the Concurrent List, it is reserved for the President’s consent. When such a law comes up, it is left to the draftsmen to find out whether it is inconsistent or not?
Dr. Ambedkar: The draftsman certainly plays his part; but the Law Ministry takes the responsibility and the Cabinet also takes the responsibility.
Shri Husain Imam : May I know what is the position with regard to those Acts that are in the Schedule ? Have they been adapted or are they proposed to be adapted ? For instance the Bombay Act LXVII has certain reservations on the lines of the Punjab Land Alienation Act which has been declared ultra vires. Do Government propose to modify this Act ? It is item 2 in the Ninth Schedule. The Bombay Tenancy and