PARLIAMENTARY DEBATES 75
Mr. Speaker: At this point, may I ask whether he would place question for information on the same footing as a discussion ?
Dr. Ambedkar: As I said, the precedents which I have collected refer only to questions. According to Sir N. N. Sarcar which is the authority I have relied on, the matter, can be discussed, the propriety or otherwise of a direction can be discussed. It seems to me that as he has used the word “discussion” it would be large enough to include even an adjournment motion.
Now, Sir, I come to the other question which you have been good enough to put to me, “What is the scope of article
371 ? ” Now, Sir, reading article 371, I should like to point out one important matter and it is this, that article does not cast upon the Government of India the duty of having general control. It is not an article which imposes a duty. It is an article which permits the Government of India to give directions. Now, Sir, this distinction which I am making is a very important distinction and it must be very clearly borne in mind.
Shri Kamath (Madhya Pradesh) : May I point out that the language used in Article 371 is—
“…….. the Government of every State………..shall be under the general control …….. etc, etc.”
Dr. Ambedkar: ‘Shall be’ means what ? It is the duty of the State to be under. There is no duty on the Central Government.
Shri Kamath: There is mutuality.
Dr. Ambedkar: No, no mutuality at all.
Now, the position is this. That distinction is important from this point of view. When there is the duty cast to do a certain thing, then a motion of censure could be passed either upon the mis-performance of the duty or upon the failure to perform the duty. But if it is agreed that this article merely permits the Government of India, in the interest of better administration, to issue on certain occasions or in certain situations, certain directions telling the Provincial Government that they may do this or they may not do that, then I am