PARLIAMENTARY DEBATES 745
Dr. Ambedkar: That does not matter at all. I know my hon. friends are relying upon Article 3 of the Constitution.
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Shri Kamath: Articles 2 and 3.
Dr. Ambedkar: I am not touching them at all.
Shri Kamath : Evading them ?
Dr. Ambedkar: I go on a different plane because I am prepared to say that these Articles have no reference to the cession of territory. They do not prohibit, but they have nothing to do with cession. I am prepared to say that in view of the fact that I was concerned with the making of the Constitution, and most Members probably do not know what the intention...
Shri Kamath: All of us were so concerned.
Dr. Ambedkar: They do not probably know what the underlying intention of this Article was. I know it better and I am prepared to say that though it does not prohibit cession, as pointed out by my friend Shri Santhanam, its primary intention was for dealing with the linguistic distribution of the Provinces. That is why I do not refer to the Article of the Constitution, because the Government’s case might be considered to be very weak if I relied on Article 3. So I am relying on something much more fundamental and which no Member can deny namely, the power to make under Article 3......
Shri Kamath : The acquisition of new territories is under Article 2 which does not mention cession.
Dr. Ambedkar: But that does not matter now. The rule that if one thing is expressed and the others are not expressed, then they are excluded, does not apply universally.
I was trying to point that this position, namely, that the State is entitled to cede territory is also the law in England. It is a matter of prerogative for the king to do so and he can do so.