752 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Dr. Ambedkar: If he had the judgment before him and after reading it he refers to it, I would have respected it. But to say I have misquoted or misrepresented is going too far.
Dr. S. P. Mookerjee: I never said misquoted.
Dr. Ambedkar: I am not going to allow this kind of a thing.
Dr. S. P. Mookerjee : The point I was developing, Sir, was this. The hon. Minister referred to some case which was dealt with by the American Supreme Court—he did not read out the judgment. So far as the American judgment is concerned it is not relevant to the subject matter that we are discussing here now. The Law Minister referred to certain things which are done by the king in England; the King has prerogative powers by virtue of which he can cede certain territories. That also, I would submit, has no relevance to the topic that is under discussion today. All that we are discussing is this : can Parliament cede any portion of the territory of India without following some specific procedure which is laid down under the Constitution ? Is there any Article in the Constitution which makes a provision for the purpose of allowing Government to cede any portion of the territories within India ? That is the simple question that we have been called upon to consider. Here, Sir, If you look at Articles 2 and 3 you will see what the arrangement was when Part I of the Constitution was enacted.
Mr. Deputy Speaker: Are we to understand that the hon. Member feels that cession of territory is possible under the Constitution but only the procedure under Article 3 has not been followed ?
Dr. S. P. Mookerjee: There is no specific provision in respect of cession of territory under the Constitution, but even there I am prepard to concede that if by reason of a treaty the position arises that a portion of Indian territory is to be ceded, naturally somebody has got to give the final sanction to such a decision and the matter has to come before Parliament. Here you are not only ceding the territory but you are automatically adjusting the boundaries of one of your