{"id":253041,"date":"1947-04-28T00:00:00","date_gmt":"1947-04-27T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/constituent-assembly-debates-on-28-april-1947"},"modified":"2017-08-15T00:17:03","modified_gmt":"2017-08-14T18:47:03","slug":"constituent-assembly-debates-on-28-april-1947","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/constituent-assembly-debates-on-28-april-1947","title":{"rendered":"Constituent Assembly Debates On 28 April, 1947"},"content":{"rendered":"
Constituent Assembly Debates<\/div>\n
Constituent Assembly Debates On 28 April, 1947<\/div>\n
  \n\n \n\n  CONSTITUENT ASSEMBLY OF INDIA - VOLUME III \n Monday, the 28th April 1947\n \n\n\nThe Third Session of the Preliminary Meeting of the Constituent Assembly of \nIndia commenced in the Constitution Hall, New Delhi, at Eleven of the Clock, \nMr. President (The Hon'ble Dr. Rajendra Prasad) in the Chair.\n\n \n\n\nPRESENTATION OF CREDENTIALS AND SIGNING OF THEREGISTER\n\n \n\n\nThe following Members presented their credentials and signed their names in \nthe Register:\n\n \n\n\n1. Sir Brojendra Lal Mitter (Baroda).\n\n \n\n\n2. Mr. Gopaldas Ambaidas Desai (Baroda).\n\n \n\n\n3. Mr. P. Govinda Menon (Cochin).\n\n \n\n\n4. Sir T. Vijayaraghavacharya (Udaipur).\n\n \n\n\n5. Sir V. T. Krishnamachari (Jaipur).\n\n \n\n\n6. Pandit Hiralal Shastri (Jaipur).\n\n \n\n\n7. Mr. C. S. Venkatachar (Jodhpur).\n\n \n\n\n8. Mr. Jainarayan Vyas (Jodhpur).\n\n \n\n\n9. Sardar K. M. Panikkar (Bikaner).\n\n \n\n\n10. Raja Lal Shiva Bahadur Singh, Rao of Churhat (Rewa).\n\n \n\n\n11. Mr. Lal Yadhendra Singh (Rewa).\n\n \n\n\n12. Sardar Jaidev Singh, (Patiala).\n\n \n\n\n13. Sardar Gian Singh Rarewala (Patiala).\n\n \n\n\n14. The Hon'ble Dr. Kailash Nath Katju (U.P.: General).\n\n \n\n\n15. Professor K. T. Shah (,Bihar: General).\n\n \n\n\n16. Mr. Mahavir Tyagi (U.P.: General):\n\n \n\n\n17. Mr. Upendra Nath Burman (Bengal: General).\n\n \n\n\n18. Mr. P. M. Velayudapani (Madras: General).\n\n \n\n\nPRESIDENT'S ADDRESS Mr. President: We are meeting just three months after the \nlast session of the Assembly. In the meantime some important events have \nhappened to which I consider it necessary to make a short reference. Before \ndoing that T have to give to the House the sad news of the death of three of \nour Members :\n\n \n\n\n1. Raja Maheshwar Dayal Seth from U.P.\n\n \n\n\n2. Sir Azizul Haque from Bengal, and\n\n \n\n\n3. W. K. L. Mazumdar from Baroda.\n\n \n\n\nThe death of the last named gentleman has come as a shock because of the \ntragic circumstances in which it took place.. I understand that he was on his \nway to attend this Session of the Assembly and the railway compartment in \nwhich he was travelling-caught fire as a result of which he lost his life. I \nseek the permission of the House to convey to the members of the bereaved \nfamilies our sympathy with them in their bereavements.\n\n \n\n\nI may on behalf of the House be permitted to extend a cordial welcome to the \nrepresentatives of the States who are Attending this Session and I hope \nrepresentatives of other States will also be coming soon to assist in the \ngreat work which this Assembly has undertaken. I need hardly point out that \nthe: tremendous task in which we are engaged requires and expects assistance \nfrom all sons and daughters of this country whether they are living in States \nor in British India and whether they belong to one community or another. The \nfuture of the country very largely will depend upon the Constitution which we \nare able to frame and not only the people of this country but people all over \nthe world are watching our efforts with interest not unmixed with anxiety and \nit is upto us, to whatever class or community and whatever part- of India we \nbelong, to make our contribution towards the accomplishment of this task.\n\n \n\n\nNews has come from our neighbour and erstwhile partner Burma that a \nConstituent Assembly has been elected there with objects similar to ,our own. \nMay I on behalf of the House convey to that august body our greetings and good \nwishes and our great interest in the accomplishment of the task and the \nattainment of the object of a free Burma that the people of that country have \nbefore them ?\n\n \n\n\nSince we met last the British Government have declared their intention to \ntransfer power to Indians by June, 1948. This has naturally added urgency to \nour work and we must proceed in a business-like way to draw up our \nConstitution in, as short a time as we can. The British Government is pledged \nto take preparatory measures for transfer of power in advance and while this \nis being done on one hand, we must be ready with our Constitution well in \nadvance of the date-line to assume responsibility in accordance with the \nConstitution framed by us. I am, therefore, hoping that the Assembly will \nproceed\n\n \n\n\nwith all expedition. There are undoubtedly difficulties which the Assembly \nwill have to face but if we proceed with determination we shall be able to \nconquer them.\n\n \n\n\nIt will be recalled that the Assembly appointed several Sub-Committees. The \nReports of four of these Committees will, I understand, be placed before the \nHouse in due course. I suggest that the Assembly should proceed to appoint \nCommittees to formulate the principles on which the Constitution to be framed \nwill be based and when those principles have been approved the work of \ndrafting the Constitution could be undertaken by a suitable agency and finally \nthe Constitution so drafted could be considered in detail by this Assembly. My \nsuggestion to the Assembly will be that the Sub-Committee for framing the \nprinciples should be asked to submit its report in time for consideration by \nthe Assembly some time in June or July and after the report has been \nconsidered by the Assembly, the drafting could be done and the Assembly itself \ncould meet in September and finalise the Constitution by the end of October. \nThis is roughly the time-table as the Order of the Business Committee and I \nenvisage it. It is necessary that the Constitution should be finalised as \nearly as possible so that there may be time thereafter for the process of \ntransfer to be completed within the time fixed by the British Government. What \nI have suggested is tentative as developments are taking place and no one can \nsay for certain what steps the Constituent Assembly may have to take to fulfil \nits functions. We have already defined our objective and the Constitution that \nhas to be framed will naturally have to conform to it.\n\n \n\n\nWhatever the nature of the Constitution that may have to be drafted whether \nfor one undivided India or only for parts of it, we shall see to it that it \ngives satisfaction to all coming under its jurisdiction. While we have \naccepted the Cabinet Mission is Statement of 16th May which comtemplated a \nUnion of the different Provinces and States within the country, it may be that \nthe Union may not comprise all the Provinces. If that unfortunately comes to \npass, we shall have to be content with a constitution, for a part of it. In \nthat case we can and should insist that one principle will apply to all parts \nof the country and no constitution will be forced upon any unwilling part of \nit. This may mean not only a division of India but a division of some \nProvinces. For this we must be prepared and the Assembly may have to draw up a \nconstitution based on such division. Let us not be daunted by the immensity of \nthe task or diverted from our purpose by developments which may take place but \ngo ahead with faith in ourselves and the country which has sent us here. I \nunderstand some members would like to say a few words. I request Sir B. L. \nMitter to begin.\n\n \n\n\nSir Brojendra Lal Mitter (Baroda) : Sir, I thank you for the cordial terms in \nwhich you have welcomed us, the representatives of the States who are here \ntoday. I wish-more had come in. I have every hope, however, that at the next \nSession, few of the States' seats will remain unoccupied. Sir, the Baroda \nDelegation has suffered a serious loss by the tragic death of one of its \nmembers who was on his way to the Constituent Assembly.\n\n \n\n\nSir, this-Assembly is framing the Constitution of Free India. We, the States, \nare an integral part of India and we shall share the freedom with British \nIndia. We, therefore, want to share the responsibility of framing the \nConstitution. (Hear, hear).\n\n \n\n\nWe are hereby right of being Indians and not by sufference. We claim that we \nare in a position to make substantial contribution to the common task. A \nhundred and fifty years of unitary British rule has resulted in a measure of \nuniformity in British India, but in the States there is still -a great \nvariety. Some States are as advanced as British India, where the people are \nassociated with the administration. Some are absolute monarchies. Some are \nfeudal and some are primitive. All these have to be fitted into the Indian \nConstitution, because our\n\n \n\n\n93 millions of population are included in the Indian total of 400 millions. We \ndo not want to disturb the main design, as indicated in the first Resolution \nof this Assembly; but we want to introduce a variety in the pattern so that we \nmay fit into it according to our capacity.\n\n \n\n\nWe want unity in diversity. I appeal to our British Indian colleagues to \nexercise a little patience with us. We want to march along with them but the \npace has to be regulated without impeding the forward move. We are at one with \nyou in that the Indian Union should be strong in the Centre so that India may \nhold her head high in the comity of nations. We do not believe in isolated \nindependent existence, which can only weaken the Union. We shall join you \nwholeheartedly in a spirit of co-operation and not in any spirit or securing \nspecial privileges at the cost of the Union. We shall endeavour to make the \nConstitution develop according to the genius and capacity of the different \nunits, so that the development may be natural and healthy.\n\n \n\n\nSir, I thank you again.\n\n \n\n\nSardar K. M. Panikkar (Bikaner) : Mr. President, Sir, following what Sir \nBrojendra Mitter has so very eloquently said, I also, on behalf of the \nrepresentatives of States who have joined and taken seats today, wish to \nexpress our thanks to you, Sir, for the welcome you have extended to us This \nwas indeed the day to which we have been looking forward. It is a dream which \nhas come true, for at no time in India's history has a representative \ngathering of people who can speak on behalf of the whole of India met and- \ntaken counsel. There have been occasions in the past when sections of India \nhave met. We in the States have also been meeting frequently; but never in the \nhistory of India, so far as I can remember has there been an occasion when \nrepresentatives from all parts of India have met together in order to decide \ntheir future. Therefore, I consider that the taking of seats of certain \nrepresentatives of Indian States today has a symbolic value which far \noutweighs the actual number of representatives who have joined, or the \ninsignificance of members who have themselves joined. This is indeed a symbol \nof the unity to come and from the work that begins today, in co-operation \nbetween the. representatives of the States and those of the Indian Provinces, \nwe can really hope to look forward to the emergence of a Union of India.\n\n \n\n\nBefore I proceed to any other matter, I must say a few words of thanks to the \nwork of the Negotiating Committee which made it possible for us to come and \nsit here. No doubt a Report of that Committee's work will be made to you in a \nfew minutes and it is not for me to say anything about it, but this much I \nthink I might say that, but for the wisdom, courage and vision with which your \nrepresentatives approached the question of Indian States, it would not have \nbeen possible for those of us who desired from the beginning to actively \nassociate themselves with this work to take our place here. Therefore, on \nbehalf of those of us who are here, I must thank the Negotiating Committee for \nhaving made this possible. It is true that we represent only a certain number \nof States. All of us who represent 93 millions in Indian States have not come \nhere today. But one thing I should like to say, that we are by no means an \ninsignificant minority. We, who have come here, represent no less than 20 \nmillion people out of 93 million people of Indian States and those who have \nformally and publicly announced their intention of joining the Constituent \nAssembly, form more than another 10 to 15 million people, so that actually \nwhen we come to think of it, a very substantial portion of the people of \nIndian States are represented in the Constituent Assembly today.\n\n \n\n\nI should like to say one thing here and now, that we are not here by any means \nas a result of coercion or of any pressure that has been placed upon us. There \nhas been no occasion for any pressure or any force to be used in regard to the \nStates. This is a voluntary association that has been made clear from the very\n\n \n\n\nbeginning. Any person, however highly placed who declares that our presence \nhere is due to coercion or undue influence, I think, speaks without knowledge \nof facts. To such precious gentlemen, as would advise us to pause on account \nof alleged coercion, I have to say clearly and unequivocally that their \ninsinuation is an insult to our intelligence. Are we less patriotic in matters \nconnected with India ? Are we less concerned with the future of India that we \nhave to be coerced to take part in a cause in which it is our right and duty \nto take part ? Therefore, I want to say firmly here and now, that there has \nbeen no -coercion and it will not be in the wisdom of things or in the \ninterest of things to talk about coercion of one part by the other.\n\n \n\n\nOne other point I desire to say. It is not by way of controversy or anything \nof the, kind. We are not here as a matter of favour. We have a right to be \nhere for the purpose of co-operating in the great task of organising India's \nfreedom. We consider that we have as much right in that matter as any one \nelse. We are indeed asked by some people to wait and see. This is indeed a, \nstrange doctrine, because we can only wait and see what happens to others.. \nAre we to wait and see as indifferent observers what happens Ourselves ? That \nbeing so, we consider that organising India's freedom as much our duty as it \nis of others. Looked at from that point of view, where can be no question of \nour waiting and seeing. ,We want no favour nor do we want to confer \nobligations. All that we want is that our problems should be viewed \nsympathetically by this august body in a sense of friendliness as affecting' a \n-large part of India. We, on our part, promise in all humility, to work for \nthe betterment of India and for the Union which we all desire to see \nestablished. Sir, I thank you.\n\n \n\n\nMr. P. Govinda Menon (Cochin) : Mr. President, I am happy in that I have been \ninvited to take 'part in the deliberations of this historic Assembly. During \nthe last. few months, discussions, controversies and negotiations were going \non as to whether Indian States should send their representatives to this \nAssembly; if so, when and how ought they to be selected ? Much of this could \nhave been avoided and the question 'would have been a most simple one if the \nquestion was tackled from the correct perspective, namely, from the \nperspective of the people of the Indian .States.\n\n \n\n\nThey had never any doubts in the matter. The hundred millions of people of the \nIndian States never felt nor do they feel now, that they form an entity or \ngroup different from their 300 million brothers and sisters living in what is \nknown as British India. For the last 27 years under the leadership of Mahatma \nGandhi and other great leaders, India had been fighting for her independence. \nIn that fight the people of the Indian States have always taken their due \nshare, The people of the States did not feel nor did they take up the attitude \nthat their lot lies elsewhere.\n\n \n\n\nNow, after 25 years of war, when the nation sits down to frame the future \nConstitution we feel that it is our duty and our right to participate in the \ndeliberations therefore. The people of the States. Sir, are one in their \ndesire to participate in the Constituent Assembly.\n\n \n\n\nObjections, doubts, questions come not from the people. They come when they do \nfrom Dewans, Ministers, Rulers, who by no means, except under the theory of \nDivine Right, can represent the people. Let me hope, Sir, that before the next \nSession of the Assembly, all the States would have taken the firm decision to \ncollaborate with all of us and would send their representatives to this House.\n\n \n\n\nIn the matter of joining this Assembly as in many other matters, the attitude \nof my State, Cochin. has been unequivocal from the very beginning. The people \nof Cochin, like the people of all other States, wanted from the very beginning \nto join this Constituent Assembly and desired that their representative or \nrepresentatives shall be elected. Cochin has been fortunate in that her Ruler \nhas been of the same\n\n \n\n\nview. Long before questions of States' representation in this Assembly began \nto be actively considered, on the 29th July, 1946, the Maharaja of Cochin in a \nmessage to the Legislative Council said as follows :\n\n \n\n\n\"The Only other point remaining to be considered is about the Constituent \nAssembly and the representation of Cochin in it. It has not been settled yet \nhow many representatives Cochin could send to this Assembly However, to set at \nrest all doubts about the method of representation, I am glad to announce \nthat, after mature consideration, I have decided to allow the people to elect \ntheir representative or representatives. This election will be by the \nCouncil.\"\n\n \n\n\nThe above statement was made at a time when the question of States \nrepresentation had not begun to be actively considered. No State had then said \nthat it would stand independent and would have nothing to do with the Indian \nConstituent Assembly. Recently some such statements have been made. Cochin's \nposition remains unchanged even after such attractive doctrines have been \ndangled before her. Her reaction cannot better be expressed than in the words \nof the Maharaja himself who, while opening the Aikya Kerala Convention at \nTrichur the day before yesterday, said as follows :-\n\n \n\n\n\"Now let me come to the question of Cochin's relation to the rest of \nIndia. This Convention has met here for considering ways and means of \nestablishing United Kerala. The Travancore Government has sad hat it does not \nfavour this idea and has declared its intention of assuming independence after \nJune, 1948. Its relations with the Central Government are going to be governed \nby Treaties. You would like to know in these circumstances what Cochin's \nattitude is in this respect. I have no hesitation to declare that Cochin would \ncontinue to remain part of the mother country. It is joining the Constituent \nAssembly at one. No word or act of mine shall usher in a day when a Cochinite \nfinds, he has lost the right to call himself an Indian.\"\n\n \n\n\nBecause we are Indians, Sir, and because we want to share in the destinies of \nthis great country, we have with pleasure and gratefulness accepted your kind \ninvitation to take part in the deliberations of this historic Assembly. Sir, I \nthank you.\n\n \n\n\nSir T. Vijayaraghavachariar (Udaipur): Sir, I am glad to find myself in Delhi \ntoday. The old saying was that Delhi is at a great distance. I never felt the \ntruth of it until this occasion. Previously I found Delhi so very near but on \nthis occasion I find it has been very far and I am glad I am able to find \nmyself here today, and I am glad that I am here today on a historic occasion. \nCold as the winds that blow in December in Simla, and hard as flint like the \nrocks over which aeroplanes fly over the Baluchistan hills towards the west, \nmust be the heart of the Indian who is not thrilled today at this sight of \nthis Assembly, the Assembly which I feel certain will go down in history down \nthe corridors of time. My feeling is that though we may come from different \nprovinces and different States we are not here on behalf of any particular \npart of India; we are members of all India and that is quite clear. It is in \nthat spirit that I feel certain that we shall all do our work here, not on \nbehalf of any parochial interests, not on behalf of any narrow sectarian \ninterests but on behalf of the broad interests of the one nation of India. I \ndo not propose to refer to any local problems here; our local problems ought \nto be solved locally. This place is for all-India problems, and I do hope that \nall of us will so put our heads together and so do our work that our children \nand our grand-children and generations yet unborn, will. say, \"Our \nfathers and our grand-fathers sat in the year 1947 at Delhi and framed a \nconstitution which has stood the test of time\", and on which history will \nsay, \"Blessed are these men; they did their work and they laid the \nfoundations rightly, and on those foundations will the future history of India \nevolve\". It is not for us here to take any narrow views; we will take \nlarge views, and\n\n \n\n\nlet us so conduct ourselves that in the future history of India they will say \nthat we did our work properly and that we acquitted ourselves like men, like \ntrue sons of India and not true sons of any particular part of India.\n\n \n\n\nI thank you, Mr. President, for the very 'kind words of welcome you have \nuttered.\n\n \n\n\nMr. Jainarayan Vyas (Jodhpur) [Mr. President, on behalf of the people of the \nStates and in their own language, I thank you for the welcome you have \naccorded to the representatives of the States.\n\n \n\n\nWe, the subjects of the States, had some status up to 1933, for in that year \nthe Government of India Bill did refer to us in the expression 'The Princes \nand their subjects. Unfortunately, after that our existence was ignored. No \nmention of the States subject was made in the Government of India Act of 1935. \nWhen Sir Stafford Cripps came to India we were\n\n \n\n\n---------------------------------------------\n<\/pre>\n
*[] English translation of Hindustani speech.\n<\/p>\n
again forgotten. Nor were we referred to in the Cabinet Mission Proposals. We
\nwere placed under such circumstances as would have prevented us from sitting
\nand working in this Assembly with you unless the Princes and their Governments
\ndecided to associate us with themselves. It is a pleasure that we are today
\nmaking history. We are sitting together with (the representatives of) the
\nBritish Provinces and the representatives of the Rulers (of the Indian
\nStates). Had not our Rulers come forward to include us among the States
\nRepresentatives or had not the Negotiating Committees insisted on our being
\nrepresented (in the Assembly) it was very likely under the conditions in which
\nwe were placed at the time that we would not have been here (in the
\nConstituent Assembly). But it is a pleasure to find that we are here in
\nsufficient numbers with you; and we assure you that we will co-operate with
\nyou in all Possible ways in making the future Constitution. not merely in our
\nself-interest but in that of the whole of India. We consider ourselves as
\nparts of India, although some outsiders had raised walls between us. But these
\nunnatural walls are crumbling today, and we hope that within a short time
\nIndia would be absolutely one single unit. Once again, I thank you.]*<\/p>\n
Raja Lal Shiva- Bahadur (Rewa) : Sir, I join my friends in thanking you for
\nthe very cordial welcome you have extended to us. I represent one of the very
\nbig States in Central India, and if the Rewa State had not taken the lead,
\nCentral India would have gone unrepresented. I hope, Sir, in a very short
\nperiod my friends in other States and our neighbouring States will -definitely
\ndecide to join this historic House. The Rewa State will not lag behind in
\nrendering all possible service to the mother country.\n<\/p>\n
I thank you Sir<\/p>\n
MESSAGE OF GOOD WISHES FROM COORG<\/p>\n
Mr. President: The Coorg Legislative Council have passed a Resolution which
\nhas been communicated to me by the Chief Commissioner, Coorg, for being
\ncommunicated to this House. I will read it:\n<\/p>\n
“That this Council resolves to offer its prayerful wishes to the
\nPresident and Members of the Constituent Assembly of India for the speedy and
\nsuccessful termination of their efforts to prepare an agreed constitution for
\nIndia and recommends to the Chief Commissioner that these wishes be conveyed
\nto the President of the Constituent Assembly, New Delhi.”\n<\/p>\n
REPORT OF THE STATES COMMITTEE<\/p>\n
Mr. President: The next item is the Resolution which will be moved by Pandit
\nJawaharlal Nehru.\n<\/p>\n
The Hon’ble Pandit Jawaharlal Nehru (United Provinces: General): Sir, I beg to
\nmove<\/p>\n
“The Constituent Assembly, having taken the report of its States
\nCommittee into consideration, resolves that it be recorded.\n<\/p>\n
The Assembly welcomes the States representatives who have already been chosen
\nand expresses the hope that other States who have not chosen their
\nrepresentatives will take immediate steps to do so in accordance with the
\nagreed procedure.”\n<\/p>\n
I understand that copies of the Report have been circulated to all the
\nMembers; I<\/p>\n
shall not therefore take up the time of the House in reading that ‘Report.
\nThat Report is a brief summary of the activities of the Negotiating Committee
\nappointed by this House. We have tried to make it as precise a summary as
\npossible and it shows what took place and what we did, so that the House may
\nbe acquainted with the procedure we adopted and all that was said on those
\noccasions. I might add, however,<\/p>\n
—————————————————————————-\n<\/p>\n
*[] ]English translation of Hindustani speech.\n<\/p>\n
that if it is the wish of the House and if Members desire to see a fuller
\nreport of our proceedings, there is a verbatim Report in existence and this
\nReport can be consulted in the Library of the House. I say this because
\nsometimes all manner of rumours get -about and people are misled and sometimes
\npeople imagine that we are not trying to put all the facts before the public.
\nWe have nothing to hide in this matter; indeed we could not possibly do so
\nfrom this House; and therefore the verbatim Report of everything that was said
\non the occasions that we met with the Negotiating Committee, of the Princes is
\navailable for reference to any Member of the House in the Library. It is too
\nlong a report for us to have it printed and circulated, nor is it normally
\ndesirable to have such reports published in the public press. But there can be
\nno secret as between the Committee of this House and the Members of this
\nHouse, and therefore, while that document is not meant for publication, I
\nshould like to remind the Members, that it is there to be consulted by any
\nMembers of this House in the Library.\n<\/p>\n
The House will remember that this Committee was appointed for a specific
\npurpose-for fixing the distribution of seats of the Assembly not exceeding 93,
\nand for fixing the method by which the representatives of the States should be
\nreturned to the Assembly. These were the definite directions given to us and
\nwe proceeded accordingly, but when we met the negotiating Committee appointed
\nby the Chamber of Princes, other questions were raised. We were confronted by
\nvarious Resolutions passed by organizations of the Princes. We informed them
\nthat we had no authority to deal with any other matter Our authority was
\nlimited to dealing with these two specific matters. Indeed we went a little
\nfurther. We said we rather doubted the authority even of the Constituent
\nAssembly to deal -with all manner of other matters, that is to say,. the
\nConstituent Assembly as it is constituted at present. But in any event we were
\nso anxious to get going, so anxious to remove any misapprehensions that might
\nexist, that some of us had further conversations with them and some doubts
\nthat they raised were removed in the course of those conversations; some
\nquestions that were asked were answered informally, personally if you likes on
\nour behalf because it was not open to us to go beyond the terms of the mandate
\nthat you gave us. You will see a reference to that in the Report that is
\npresented to you, in particular because-I am bound to make this point
\nperfectly clear-a few important points were raised by them in the course of
\nthose discussions. As it happened, what I said in reply to those questions had
\nmore or less been said by me in this House before or by other Members of this
\nHouse, and therefore, I had no difficulty in saying it to them because
\notherwise I would have had this great difficulty of saying anything which the
\nHouse might not approve, or might disapprove as wrong. All of us have certain
\nviews in this matter and on one of the occasions when I addressed this House
\nin connection with the Objectives Resolution, I referred also to the States
\nand to the Princes and made it clear that while 1, in my individual capacity,
\nheld certain views, those views did not come in the way of my stating what the
\nConstituent Assembly stood for, and what its range of activities was going to
\nbe. I said then that, while we were deciding in favour of a Republic for the
\nwhole of India, that did not bar any State from continuing the<\/p>\n
monarchical form of Government so far as that State was concerned, provided,
\nof course, that they fitted in the larger picture of freedom and provided, as
\nI hope. that there was the same measure of freedom and responsible government
\nin the State. So when these questions were raisd. I had no particular
\ndifficulty in answering them because in effect they had been mentioned in this
\nHouse previously.\n<\/p>\n
What were those questions ? First, of course, was-it wag an unnecessary
\nquestion-as to the scope of our work, that is to say, how far we accepted the
\nCabinet Mission’s Statement of May 16,1946. We have accepted it, and we are
\nfunctioning in accordance with that Statement. There the matter ends. I do not
\nknow what future changes may take place and how these changes might affect our
\nwork. Anyhow, we have accepted that Statement in its fullness and we are
\nfunctioning accordingly.\n<\/p>\n
That leads inevitably to another conclusion, viz., that such subjects, as did
\nnot come within the scope of the Union, were subjects to be dealt with by the
\nUnits—-by the States and the Provinces-and that has been clearly laid down
\nin the Cabinet Mission’s Statement. So we said there and we made that clear.
\nWhat the Union subjects might or might not be is a matter for careful
\nconsideration by this House now. But any subjects which did not come within
\nthe scope of the Union subjects necessarily are subjects left over to the
\nUnits.\n<\/p>\n
Further it was stated that the business of joining the Constituent Assembly or
\naccepting the. Scheme or not accepting it was entirely their own. As Mr.
\nPanikkar has pointed out, there was no coercion, there can be no coercion
\neither to a State, a Province or to any other part of India, which is
\nparticipating in this Assembly. There can be no coercion, except, of course,
\nthe coercion or compulsion of events and that is certainly a compelling factor
\nand a very big factor which none of us can ignore. So there is no question of
\ncompulsion; but at the same time it is true that if certain units or parts of
\nIndia decide to come in, accepting their responsibilities, they get certain
\nprivileges in return, and those who do not come in do not get those privileges
\nas they do not shoulder those responsibilities. That is inevitable. And once
\nthat decision has been taken by a Unit, State or other, other consequences
\ninevitably follow, possibly widening the gulf between the two: that is the
\ncompulsion of events. Otherwise it is open to any State to do as it chooses in
\nregard to this matter of coming in or not coming in. So that matter has been
\nmade clear.\n<\/p>\n
The only other important matter that was raised in this connection was the
\nmonarchical form of Government in the States. As I stated in this House
\npreviously, in the world today this system of rule by monarchy, whatever good
\nit may have done in the past, is not a system that might be considered to be
\npopular. It is a passing institution: how long it will last I do not know. But
\nin this matter my opinion is of little account. What counts in what this
\nAssembly desires in this matter: what it is going to do : and we have made it
\nclear on a previous occasion that we do not wish to interfere in the internal
\narrangement of the States. It is for the people of the States to decide what
\nthey want and what they do not want. The question, in fact, does not arise in
\nthis Assembly. Here we are dealing with Union matters, subjects of fundamental
\nrights and the like. Therefore this question of the monarchical form of
\nGovernment in the States did not arise here and I told them that so far as we
\nwere concerned we were not going to raise that particular subject here.\n<\/p>\n
Lastly, there was the question or rather the misapprehension due to certain
\nwords in the Objectives Resolution of this Assembly, where some reference has
\nbeen made to territorial boundaries being changed. The House will remember
\nthat that had no connection with the States as such. That was a provision for
\nfuture adjustments as they are bound to be Involved. Further it was a
\nprovision for suitable units to come into<\/p>\n
existence, which can be units of this Indian Union. obviously one cannot have
\nvery small units or small fractions of India to form part of the Union. Some
\narrangement has to be made for the formation of sizable units. Questions arise
\ntoday and will arise tomorrow even about the division of Provinces. There is
\nvery, strong feeling about it. We are discussing today, though forother
\nreasons, about the division of certain Provinces like the Punjab and Bengal.
\nAll these have to be considered but this has nothing to do with the provision
\nin the Objectives Resolution. The point has been settled in the Negotiating
\nCommittee that any changes in territorial boundaries should be by consent.\n<\/p>\n
Those were the statements I made on behalf of our Negotiating Committee to the
\nother Committee and those statements removed a number of misapprehensions and
\nwe proceeded ahead with the consideration of other matters.\n<\/p>\n
Among the other matters was, firstly, the question of the distribution of
\nseats. We decided to refer this matter to the two Secretariats-the Secretariat
\nof the Constituent Assembly and that of the Chamber of Princes. We referred
\nthis matter, I think, at 1-30 P.m. one day. Those two Secretriats met, I
\nthink, at 3 Pm. the same day and 5 P.m. they arrived at an agreed procedure.
\nThat was rather a remarkable thing which is worth remembering. It is true that
\nthe rules governing the distribution were to some extent laid down in the
\nCabinet Mission’s Scheme-one seat per million, that is, 93 seats in all.
\nUnfortunately these matters of distribution are difficult and often arouse
\ngreat controversies and arguments. Nevertheless these two Committees met
\ntogether and I am very glad that the Secretariat of the Constituent Assembly
\nwas helped by the representatives of the States to come to an agreed solution
\nwithin two hours. That showed that if we approach any of these apparently
\ndifficult problems with good will, we find solutions and we find rapid
\nsolutions too. I do not mean to say that that solution in regard to the
\ndistribution of these seats was a perfect one. Since the agreement was reached
\ncertain objections have been raised and criticisms have been made in regard to
\nthe grouping of the States here and there. Ultimately we left it to a
\nsub-Committee–a joint Committee of our Negotiating Committee and the States
\nNegotiating Committee-to consider this matter and to make such minor
\nalterations as they thought fit and proper. Now because of these grouping
\ndifficulties, a number of States, which might be represented here, are not
\nhere. That is to say, the States concerned want to come in and they are quite
\nprepared to de so but the group has not begun to function. Therefore
\nindividually they are prevented from coming in. Only yesterday I was informed
\nthat one important State, the State of Cutch, was eager and anxious to come in
\nbut they formed part of a group of Kathiawar and other States, rightly or
\nwrongly, and till the whole group gets into motion, they do not know how to
\ncome in separately. This is a matter to be considered by the subCommittee. But
\nthe point I want to put before the House is this that in this matter as soon
\nas we came to grips with the subject and gave up talking in vague generalities
\nand principles or rights of this group and that group, we came to a decision
\nsoon enough and that is a good augury for our work in future, whether it
\nrelates to the people of the States or to the rest of India or to any group in
\nIndia.\n<\/p>\n
We, who meet here, meet under a heavy sense of responsibility-responsibility
\nnot only because the task which we have undertaken is a difficult one or
\nbecause we presume to represent vast numbers of people, but because we are
\nbuilding for the future and we want to make sure that that building has strong
\nfoundations, and because, above all, we are meeting at a time when a number of
\ndisruptive forces are working in India pulling us this way and that way, and
\nbecause, inevitably and unfortunately, when such forces are at work, there is
\na great deal of passion and prejudice in the air and our whole<\/p>\n
minds may be affected by it. We should not be deflected from that vision of
\nthe future which we ought to have, inthinking of the present difficulties.
\nThat is a dangerous thing which we have to avoid, because we are not building
\nfor; today or tomorrow, we are making or trying to make a much more enduring
\nstructure. It is a warning which the House will forgive me, if I repeat–that
\nwe must not allow the passion and prejudice of the moment to make us forget
\nwhat the real and ultimate problems are which we have to solve. We cannot
\nforget the difficulties of the present because that come in our way all the
\ntime. We have to deal with the problems of the present, and in dealing with
\nthem, it may be, unfortunately that the troubles we have passed through all
\nthese years may affect us, but, nevertheless, we have to get on. We have to
\ntake quick decisions and final decisions in -the sense that We have to act on
\nthem. We have to be realists and it is in this spirit of realism, as also in a
\nspirit of idealism, that I say that our Negotiating Committee approached this
\ntask.\n<\/p>\n
The House knows that some of the members of the Committee have been intimately
\nassociated with the struggle of the peoples of the States for their freedom.
\nThe more I have been associated with that struggle, the more I have seen that
\nit cannot be separated from the all-India problem; it cannot be isolated. It
\nis an essential and integral part of the all-India problem, all-India
\nstructure, just as the States are an integral part of India. You cannot
\nseparate them. And with all my anxiety to further the progress of the peoples\n<\/p>\n
-of the States with such strength as is in me in my individual or other
\ncapacities, when I met the Negotiating Committee I had to subordinate my
\nindividual opinions because I had to remember all the time that I was
\nrepresenting this Constituent Assembly. I also had to remember that, above
\nall, we had gone there not to bargain with each other, not to have heated
\nargument with each other, but to achieve results, and to bring those people,
\neven though they might have doubts, into this Assembly, so that they might
\ncome here and they might also be influenced by the atmosphere that prevails
\nhere. For me it was the solemnity of the task which we had undertaken, and not
\nto talk in terms of results, or individuals or groupings, or assurances. What
\nassurance do we seek from each other ? What assurance is even this House going
\nto give to anybody in India, except the assurance of freedom ? Even that
\nassurance will ultimately depend on the strength and wisdom of the Indian
\npeople afterwards. If the people are not strong enough and wise enough to hold
\ntogether and proceed along the right path, the structure that you have built
\nmay be shattered. We can give no assurance to anybody.\n<\/p>\n
With what assurance have we sought freedom for India all these years ? We have
\nlooked forward to the time when some of the dreams that we were indulging in.
\nmight become true. Perhaps, they are coming true, perhaps not exactly in the
\nshape that we want, but, nevertheless, they will come true. It is in that
\nconviction that we have proceeded all these years. We had no guarantees. We
\nhad no assurances about ourselves or about our future. Indeed, in the normal
\ncourse of events the only partial guarantee that most of us had was the
\nguarantee of tears and troubles, and we had plenty of that. It may be that we
\nshall have plenty of that in the future too; we shall. face them. This House
\nwill face it and the people of India will face it. So, who are we to give
\nguarantees to anybody ? But we do want to remove misapprehensions as far as
\npossible. We do want every Indian to feel that we are going to treat him as an
\nequal and brother. But we also wish him to know that in the future what will
\ncount is not so much the crown of gold or of silver or something else. but the
\ncrown of freedom, as a citizen of a free country. It may bee that a time may
\ncome soon when it will be the highest honour and privilege for anybody,
\nwhether he is a Ruler or anybody else, to be a free citizen of a<\/p>\n
free India and to be called by no other appellation or title. We do not
\nguaranteebecause we guarantee nothing to anybody, but that is the thing which
\nwe certainly hope to achieve and we are certain to achieve. We invite them to
\nparticipate in that. We welcome those Who have come, and we shall welcome
\nthose others when they come. And those who will not come-we shall say nothing
\nabout them. But, as I said before, inevitably, as things are, the gulf will
\nwiden between those who come and those who do not come. They will march along
\ndifferent paths and that will be unfortunate I am convinced that, even so,
\nthose paths will meet again, and meet sooner rather than later. But, in any
\nevent, there is going to be no compulsion. Those who want to come, will come,
\nand those who do not want to come, do not come. But there is this much to be
\nsaid. When we talk about people coming in and people who do not come in, let
\nit be remembered, as Mr. Govinda Menon said, that the people of the States-I
\nsay with some assurance and with some authority in the matter-want to come
\ninto this Assembly, and if others prevent them from coming, it is not the\n<\/p>\n
-fault of the people, but breaks and barriers are put in their way. However, I
\nhope that these questions will not arise in the future and that in the coming
\nmonth or two nearly all the States will be represented here, and, jointly we
\nshall participate in the final stages of drawing up the Constitution.\n<\/p>\n
I am placing this Resolution before the House to record the Report. There has
\nbeen some argument about this matter too and people attach a great deal of
\nimportance to words and phrases and assurances and things like that. Is it not
\ngood enough that I have put it to the House ? If it is not good enough, I may
\nrepeat what has been stated. Even if that is not good enough, what we have
\nstated is there in the verbatim Report of the meetings; we have nothing to add
\nto it, we shall stand by that. We do not go back. But the procedure to be
\nadopted must be a correct procedure. When this Committee was appointed you
\nasked us to report and we have reported. We had got to do something, and we
\ntried to do that and did it. Now, if this matter was to come up for
\nratification before this House before it could be acted upon, obviously,
\nrepresentatives of the States who are here now would not have been here. They
\nwould have been sitting at the doorstep or somewhere outside waiting for
\nratification, waiting for something to happen till they came in. That was not
\nthe way in which we understood our directions. We understood that we had to
\ncome to some honourable agreement and act up to it so that representatives of
\nthe States might come in as early as possible. We were earger in fact that
\nthey should join the Committees of this Assembly the Advisory Committee, the
\nFundamental Rights Committee, the Union Powers Committee and the other
\nCommittees which we have formed. It is not our fault that there was delay. At
\nthe very first joint meeting of the Negotiating Committees we requested the
\nStates Committee to join quickly, indeed to send their representatives to
\nthese Committees of the Constituent Assembly as soon as possible. We were
\nasked for assurance at every stage and there were delays. But the way we have
\nunderstood your mandate was that we had to go ahead and not wait for
\nratification of every step that we had taken. We acted accordingly, and I am
\nhappy that. some of the States’ representatives are here today and I hope.
\nmore will come. So the question of ratification does not arise so far as this
\nCommittee’s work is concerned. The Report is before you. If. you disapprove of
\nany single step that we have taken, express your disapproval of whatever might
\nhave happened, or otherwise give your directions.\n<\/p>\n
The resolution I have moved is for your adoption. I shall not go into the
\ndetails in regard to the distribution of the seats and the manner of selection
\nof the delegates from the States. It was a sort of compromise. Naturally it
\nwas my desire, as it was the desire of my colleagues thatthe representative of
\nthe<\/p>\n
States should be elected by the people of the States, partly because it was
\nthe right way, and partly because it was the way in which they could be fitted
\nwith the other elected elements of this House. On the other hand, I considered
\nit right and desirable that the States governments should also be represented
\nhere to bring reality to the picture. The correct way and the right way
\nultimately will be for the State government itself to be representative of the
\npeople and then come in to represent them here. But we have to take things as
\nthey are. The States governments, generally speaking, do not represent the
\npeople in the democratic sense. In some places they partially represent them.
\nAnyhow, we did consider it desirable that the State governments as such,
\nshould also be represented though we would have liked the largest number of
\nrepresentatives to come from the people. Ultimately after a great deal of
\ndiscussion it was decided that not less than 50 per cent. of the
\nrepresentatives should be elected by the elected members of the assemblies
\nwhere they exist, or by some other method of election which may be devised. We
\ncame to a compromise on this proportion, thought we would have liked the
\nproportion to be higher. Some of the States have actually acted as if the
\nproportion were higher. I submit that this comprise that we came to was an
\nhonourable compromise for all parties concerned and I think it will lead to
\nsatisfactory results so far as this House is concerned, and I commend the
\nresolution to the House.\n<\/p>\n
Mr. President: The motion is:\n<\/p>\n
‘The Constituent Assembly having taken the report of its States Committee into
\nconsideration resolves that it be recorded.\n<\/p>\n
The Assembly welcomes the States representatives who have already been chosen
\nand expresses the hope that other States who have not chosen their
\nrepresentatives will take immediate steps to do so in accordance with the
\nagreed procedure.”\n<\/p>\n
Members who wish to say anything about this motion may now speak.\n<\/p>\n
(At this stage Dr. Kailas Nath Katju approached the rostrum.)<\/p>\n
Mr. Somnath Lahiri (Bengal: General) : On a point of information Sir. of the
\nrepresentatives of the States who have come to participate in this House, how
\nmany have been elected and how many nominated by the States, ?\n<\/p>\n
Mr. President: The Secretary will give you this information. In the meantime,
\nDr. Kailas Nath Katju will please proceed with his speech.\n<\/p>\n
The Hon’ble Dr. Kailas Nath Katju MR: General): Mr. President, I ventured to
\ncome here for a few minutes and address you on this Resolution because I am
\nconnected with one of the States in Central India and also with some in
\nRajputana; and I have made my home in the United Provinces by adoption. I am,
\ntherefore, intensely interested in the endeavour which you are making and I
\nventure to congratulate the Negotiating Committee on the great results that
\nhave been achieved.\n<\/p>\n
There are a great variety of States, and there are hundreds of them. Some of
\nthe States go back and are rooted in the history of our race. Others are of
\nvery, recent origin, going back only a century or so and with little of
\ntradition and little of moral authority behind them. I do not wish to pursue
\nthis topic at any great length; but I have no doubt in my mind that it is for
\nthe good of the States and it is for the good of the people of the States that
\nthey should join this great Indian Union of which Pandit Jawaharlal has spoken
\nso eloquently. I have no doubt in my mind that the course of Indian history
\nteaches us that a union of this great country is an inevitability. When I hear
\nof some Provinces or some States or territorial units claiming to be sovereign
\nStates or claiming authority for themselves, I wonder whether they-have ever
\nconsideredthe drift of Indian history. There is no shadow of doubt in my mind
\nthat within the course of the next fifty years, whatever we may do today, or
\nwhatever we may say today, the course of events will compel the people to
\nbring about one united ‘Government, one united Centre in India. It is<\/p>\n
good therefore for the people of the States, it is good for the people of all
\nStates, it is good for the Rulers of these States that they should come in and
\njoin in this great endeavour. Instead of the Rulers relying upon their so
\ncalled strength, I think their safety, their integrity and their very
\nexistence lies in relying upon the affection, and upon the trust of their own
\npeople. If they rely upon that, they may continue, otherwise most of these
\nStates will disappear without much regret on the part of their people or on
\nthe part of the rest of India. With these words, I commend this Resolution to
\nthe care of the House and I should join in the appeal which has been made to
\nevery section of the House that in a short time, we will see almost all the
\nStates come in and join this Assembly.\n<\/p>\n
Mr. President: Mr. Lahiri desires to know when notice of amendments should be
\ngiven. He complains that notice of this Resolution was received by him last
\nnight. I am afraid it is now too late now for him to give notice of amendment.\n<\/p>\n
I shall now put the Resolution to the House:\n<\/p>\n
The question is:\n<\/p>\n
“The Constituent Assembly having taken the report of its States Committee
\nInto consideration resolve that it be recorded.\n<\/p>\n
The Assembly welcomes the States representatives who have already been chosen
\nand expresses the hope that other States who have not chosen their
\nrepresentatives will take immediate steps to do so in accordance with the
\nagreed procedure.”\n<\/p>\n
The motion was adopted.\n<\/p>\n
Mr. President. I desire to give the information wanted by Mr. Lahiri. Out of
\nsixteen members representing the States who are attending today, five are
\nnominated and eleven are elected.\n<\/p>\n
ELECTION OF ADDITIONAL MEMBERS TO STEERINGCOMMITTEE<\/p>\n
Shrimati G. Durgabai (Madras: General): Sir, I consider it my proud privilege
\nto be able to stand here today and move the motion which stands in my name.
\nBefore I do so, I may be permitted to express my great joy at the presence of
\nthe representatives of some of the Indian States who are here today in our
\nmidst on this occasion. My heart-felt and sincere thanks are due to those
\nStates which have extended their co-operation and joined us in our work.\n<\/p>\n
With your leave, Sir, I move:\n<\/p>\n
“Resolved that this Assembly do proceed to elect, under sub-rule (2) of
\nRule 40 of the Constituent Assembly Rules, two additional members to the
\nSteering Committee from among the representatives of the Indian States, in
\naccordance with the principle of proportional representation ‘by means of the
\nsingle transferable vote.”\n<\/p>\n
Sir, sub-rule (2) of Rule 40 of the Constituent Assembly Rules lays down the
\nprocedure for election of members to the Steering Committee. It says :\n<\/p>\n
“The Assembly may from time to time elect, in such manner as it may deem
\nappropriate, 8 additional members of whom four shall be reserved for election
\nfrom among the representatives of the Indian States.”\n<\/p>\n
Sub-rule (1) of Rule 40 lays down:\n<\/p>\n
“A steering committee shall be set up for the duration of the Assembly
\nand shall consist of eleven Members (other than the President) to be elected
\nby the Assembly in accordance with the principle of proportional
\nrepresentation by means of the single transferable vote.”\n<\/p>\n
Sir, I may be permitted to state in this connection that in accordance with
\nthese Rules, eleven members were initially elected to this Committee on 20th
\nJanuary and the Committee has been functioning with these members. According
\nto sub-rule (2), eight additional members are to be elected from time to time
\nout of whom four are reserved for election from among the representatives of
\nIndian States. It is considered desirable at present that only two out of four
\nwill be elected now and that the election of the two other members shall be
\npostponed to a future date. We would have been happy had all the four members
\nbeen elected on this occasion. But we thought it desirable to elect only two
\nmembers at present and postpone the election of two other members to a
\nsubsequent date, when we will be<\/p>\n
fortunate enough to have a much larger representation of Indian States on this
\nAssembly and an present here. We fondly-hoped that some of the leading States
\nlike Hyderabad, Travancore, Mysore and some other States would have made up
\ntheir minds to join us here in our work and co-operate with us. But I am sadly
\ndisappointed to find that they are not able to come and see eye to eye with us
\nand that they are still pursuing a policy of “wait and see’. I hope that
\nit will not be before long, that they will follow the noble example set up by
\nStates like Baroda, Bikaner, Rewa, Gwalior, Cochin, Udaipur, Jodhpur and some
\nother States, whose representatives we have here in our midst and send their
\nrepresentatives also to help us in this great task of forging a constitution
\nfor this great country. I extend a hearty welcome to those representatives who
\nwill be elected to this Committee, to function on this Committee to help us
\nwith their advice and guidance in our work. With these words, I commend this
\nmotion for the acceptance of this House.\n<\/p>\n
Mr. President: Motion moved:\n<\/p>\n
“Resolved that this Assembly do proceed to elect, under sub-rule (2) of
\nRule 40 of the Constituent Assembly Rules, two additional members to the
\nSteering Committee from among the representatives of the Indian States, in
\naccordance with the principle of proportional representation by means of the
\nsingle transferable vote.”\n<\/p>\n
Mr, H. V. Kamath (C. P. & Berar: General) : Sir, under sub-rule (2) of
\nRule 40, four seats have been reserved for election from among the
\nrepresentatives of the Indian States. You have just now been good enough to
\ntell us that today only sixteen representatives are present and seventy-seven
\nare absent. In fairness to the members who are absent, I would suggest that
\nonly one seat may be filled today and the other three seats may be filled up
\nlater on.\n<\/p>\n
Mr. President: The amendment of Mr. Kamath is that in place of two seats, one
\nseat should be filled by election today.\n<\/p>\n
The Hon’ble Pandit Jawaharlal Nehru: Sir, the Steering Committee has to work
\nfrom day to day, and if you keep seats vacant for those people who are not
\nhere, it is neither good for them nor for the House nor for the Steering
\nCommittee. The work of the Steering Committee does not really Involve matters
\nof high principle, but it is very important work and it does affect the
\nbusiness of the House. I think it is not fair that the places of those who do
\nnot come here should be kept vacant and we should go on waiting. Of course I
\ndo not want anything to be done which might be injurious to their interests,
\nand therefore any important matter can be raised again. Now that we have a
\nchance to take them in, we should do so. It is open to the House to reconsider
\nany matter of vital Importance later. At the present moment it is desirable to
\ngive full opportunities to those who will come to take part in the business.\n<\/p>\n
Mr. H. V. Kamath: Sir, in view of the assurance given by the Hon’ble Pandit
\nNehru that the number of seats will be increased at a later date I beg to
\nwithdraw the amendment.\n<\/p>\n
Mr. President: I now put the resolution to vote. The motion was adopted. Mr.
\nPresident: Nominations will be received up to 2 P.m. tomorrow and elections,
\nif any, will be held from 4 to 5 P.m. in Room No. 24.\n<\/p>\n
REPORT OF THE COMMITTEE ON UNION SUBJECTS<\/p>\n
Mr. President: Presentation of the Report of the Committee appointed by the
\nResolution of the Constituent Assembly of the 25th January, 1947, to examine
\nthe scope of Union subjects.\n<\/p>\n
Mr. B. V. Kamath: Sir, is it only the presentation of the Report or is a
\nmotion being moved ? There is no notice of a motion.\n<\/p>\n
Mr. President: If the Hon’ble Member will wait and hear, he will know what it
\nis.\n<\/p>\n
The Hon’ble Sir N. Gopalaswami Ayyangar (Madras: General): Sir, I come forward
\nto perform a merely routine and prosaic duty of presenting the Report of the
\nCommittee on Union subjects. It is not intended that any motion on this Report
\nshould be placed before this House today. This Committee was appointed on<\/p>\n
the 25th January for the purpose of examining the scope and content of the
\nsubjects assigned to the Centre in the Statement of the Cabinet Mission of May
\n16th and to draw up lists of matters included in and interconnected With the
\nsubjects so assigned. The Committee started with a strength of twelve and
\npower was reserved to you, Sir, to nominate ten more, the intention being that
\nsome seats should be filled by nomination of representatives of the Muslim
\nLeague if they came in, and others should be assigned to representatives of
\nthe Indian States. As it is, the Muslim League has not so far come in, and as
\nPandit Jawaharlal explained to you a little while ago, strenuous attempts were
\nmade to get the full quota of nominations for representatives of the Indian
\nStates being filled in, if possible. But it was not possible to do so. In the
\nlater stages of our deliberations, however, we have had the assistance of two
\ndistinguished representatives from Indian States.\n<\/p>\n
Now, Sir, I said I was only performing this prosaic duty; I was not going to
\nperform the function which my Hon’ble friend, Mr. Kamath, would have liked me
\nto perform today. Copies of this Report, I believe. have been circulated to
\nMembers. It is not, therefore, necessary that I should read the Report; and in
\nconnection with mere presentation of reports in a deliberative assembly of
\nthis kind it is not usual to make a speech on the contents of such a report
\nexcept on an occasion such as the one mentioned by Mr. Kamath, for instance,
\non a motion for taking the Report into consideration. That motion is not to be
\nmade today, nor is it intended by those to whom has been entrusted the task of
\nsteering the business of this Assembly. It is not their intention that such a
\nmotion should be placed before the House during the current Session. There are
\nseveral reasons why this decision has been taken. In the first place, Sir, the
\nsubject is a very important one; it is a vital matter connected with the
\nframing of the Constitution, and it is only desirable that this Report on so
\nimportant a subject should be read through and studied carefully by Members of
\nthis House before it is taken into consideration. And then we have got to
\nremember that the Committee had to work on the Cabinet Mission’s Plan. That
\nPlan contains some very unusual features, the unusualness really resulting
\nfrom the desire. to satisfy the wishes of the Muslim League if it ever decided
\nto come in. The coming in of the Muslim League is not yet officially ruled
\nBut; there is still a possibility of their coming in, though the probability
\nis perhaps very small. Should this possibility materialise it would be only
\njust and reasonable that the debate on so important a subject, as the subjects
\nand powers to be assigned to the Union centre, should be held in a House which
\ncontains a full representation of the Muslim League. Whether they will come in
\nor not will by definitely known before the June-July Session of this Assembly.
\nAnd that is one main reason why we are not taking up the discussion of this
\nmatter in this current Session.\n<\/p>\n
Then, Sir, there are the Indian States-a number of representatives of Indian
\nStates have joined us today but there is a very large number still to come in.
\nThose have not come in because they require time for going through the
\nprocedure prescribed for the purpose of choosing them and sending them to this
\nAssembly. The Indian States have got a very vital interest in the matter which
\nis covered by the Report of this Committee, and it is desirable that as full a
\nrepresentation of the Indian States as possible should be in the Assembly
\nbefore we begin to discuss so important a matter. Thirdly, Sir, there is the
\nquestion of the present political conversations. The decisions on those
\nconversations are not available yet: they will be available in all probability
\nbefore we meet again in the June-July Session. The decisions will be of the
\nmost important character, and I think the House will agree with me in thinking
\nthat those decisions will have very important repercussions on the plan<\/p>\n
of work which this Constituent Assembly will have to adopt in framing the
\nConstitution for the country if that decision should, as it is feared, take
\nthe shape of anything like the division of India into two or more independent
\nStates it may become necessary for this Assembly to deviate from rigid
\nconformity to the Cabinet Mission’s Plan. It is unnecessary for me to say now
\nin what directions this deviation might become necessary. The nature of those
\ndeviations must necessarily depend upon the political decisions that are taken
\nbut apart from such deviations the number of subjects that have to be assigned
\nto the Centre, their scope and content, the definition of a field of
\nconcurrent jurisdiction between the Union and the Units, and the relations
\nbetween the Union and the Units as regards the exercise of legislative and
\nadministrative powers, will all be matters which would require a fresh and
\nthorough examination. This examination will so far as I can visualize have to
\nbe done in close collaboration between the Committee on Union Subjects and the
\ntwo Committees which are proposed to be set up in the course of the current
\nSession—one for the purpose of determining the principles of the Union
\nConstitution, and the other for determining the principles of a model
\nprovincial constitution. These three Committees will have to work in close
\ncollaboration, and it is necessary that before they enter into such
\ncollaboration, they must have before them the political decisions that will
\nhave been reached before them.\n<\/p>\n
Now, Sir, taking all these facts into consideration, it is, I think, very
\nnecessary that the debate on the Report of the Committee on Union Subjects
\nshould be postponed beyond this Session, to the next Session, and therefore it
\nis that I am not placing before you any motion for taking this Report into
\nconsideration today.\n<\/p>\n
There is one matter about which I think I must ask the permission of the House
\nto approve of what this Committee has done. In the original Resolution
\nappointing this Committee, it was asked to submit its Reportbefore the 15th of
\nApril. As a matter of fact, the Committee signed its Report on the 17th of
\nApril. I do hope, Sir, that the House will excuse this delay of two days.\n<\/p>\n
There is another matter which I might mention. This Report should not be taken
\nas the final Report of the Committee on Union Subjects. I have already placed
\nbefore you considerations which will necessitate the matter being reviewed and
\noverhauled by the same Committee in collaboration with other Committees. There
\nare matters, for instance, connected with Indian States, which require perhaps
\nmore consideration than it was possible to give them during the time that this
\nCommittee met between its appointment and today. The representatives of the
\nStates who wish to give us the benefit of their views feel that there are some
\nmatters which require further investigation before they could finally commit
\nthemselves, and there are also other matters and certain questions connected
\nwith the subjects which have been listed in this Report about which greater
\nconsideration, it is considered by certain members of the Committee, would be
\nnecessary. And apart from that there is looming before us the political
\ndecision which will necessitate our overhauling the entire Report if it comes
\nto that, Therefore, Sir, I request the permission of the House to let this
\nCommittee submit a further Report if it becomes necessary. With these words, I
\nmerely present the Report of the Committee to the House.\n<\/p>\n
Mr. President: The Report has been presented. I think the House will condone
\ntwo days delay in signing it, and will also give permission to the Committee
\nto submit another Report if it finds it necessary to do so. This was
\nunanimously agreed to. Mr. R. K. Sidhwa (C.P. & Berar: General) : When the
\nsubsequent Report is presented, may I know whether this Report will also be
\nopen to discussion. We have not read even a single sentence of this Report
\nwhich has been presented to the House.\n<\/p>\n
Mr. President: We are not entering into<\/p>\n
any discussion on this Report. Me Hon’ble Member will read this Report, and we
\ncan then discuss it during the next Session.\n<\/p>\n
We will meet at 8-30 tomorrow morning and we will go on until 12-30 when we
\nwill adjourn. Any Member who has any amendments to suggest to the Report of
\nthe Fundamental Rights Committee should do, so before 5 o’clock this evening.
\nThe Report will be taken into consideration tomorrow. The House now stands
\nadjourned until 8-30 A.M. tomorrow.\n<\/p>\n
The Assembly then adjourned till half past Eight of the Clock, on Tuesday, the
\n29th April, 1947.\n<\/p>\n
APPENDIX A CONSTITUENT ASSEMBLY OF INDIA<\/p>\n
Report of the Committee appointed to negotiate with the States Negotiating
\nCommittee<\/p>\n
By a resolution of the Constituent Assembly passed on the 21st December 1946,
\nthe following members, viz.\n<\/p>\n
(1) The Hon’ble Pt. Jawaharlal Nehru<\/p>\n
(2) The Hon’ble Maulana Abul Kalam Azad<\/p>\n
(3) The Hon’ble Sardar Vallabhbhai J. Patel<\/p>\n
(4) Dr. B. Pattabhi Sitaramayya<\/p>\n
(5) Mr. Shankarrao Deo<\/p>\n
(6) The Hon’ble Sir N. Gopalaswami Ayyangar<\/p>\n
were appointed as a Committee to confer with the Negotiating Committee set up
\nby the Chamber of Princes, and with other representatives of Indian States,
\nfor the purpose of<\/p>\n
(a) fixing the distribution of the seats, in the Assembly not exceeding 93 in
\nnumber, which in the Cabinet Mission’s Statement of May 16, 1946, are reserved
\nfor Indian States,<\/p>\n
(b) fixing the method by which the representatives of the States should be
\nreturned to the Assembly, and thereafter to report the result of such
\nnegotiations. By a further resolution passed on the 21st January, 1947, we
\nwere empowered to confer with such persons as we thought fit, for examining
\nthe special problems of Bhutan and Sikkim, and to report to the Assembly the
\nresult of such examination. This report deals only with the negotiations
\nconducted by us in pursuance of the resolution of the 21st December.\n<\/p>\n
2. The first series of our joint meetings with the States Negotiating
\nCommittee were held on the 8th and 9th February, 1947. The discussion largely
\ncentred on the scope of subjects to be negotiated between the two committees.
\nIt was urged by the States Negotiating Committee that there had been no
\ndecision yet on the part of the States to enter the Constituent Assembly, and
\nthat it would not be possible for them to decide this issue till they received
\nsatisfactory assurances on a number of points mentioned in the resolution
\nadopted on the 29th January, 1947, by the General Conference, of Rulers
\n(Appendix A). On the other hand, we pointed out that most of those points
\ncould only be discussed by a fully constituted Constituent Assembly including
\nthe representatives of the States; they were in any case clearly beyond our
\ncompetence as a Committee, our own functions being limited to the matters laid
\ndown in the resolution of the Constituent Assembly passed on the 21st
\nDecember, 1946. But while we were not prepared as a committee to discuss
\nmatters going beyond our mandate, we raised no objection to discussing, in a
\nfriendly and informal manner as individuals, certain difficulties, and to
\nremoving certain misapprehensions which seemed to be causing concern to the
\nPrinces. The more important of the points cleared up in the course of these
\ndiscussions were summarised by Pandit Nehru as follows:-\n<\/p>\n
“The first thing to be clear about is to proceed with the full acceptance
\nof the Cabinet Mission’s Statement. Apart from the legality of that Statement
\none thing also seems to me obvious, namely, that the scheme is essentially a
\nvoluntary one, where no compulsion, except, as I said, compulsion of events,
\nis indicated. No doubt, so far as we are concerned, we accept it as a
\nvoluntary scheme where people may join as individuals, as groups, or Rulers or
\notherwise. We are not trying to force any to join if they do not want to. It
\nis a matter for negotiation throughout……\n<\/p>\n
“Now, to go back, apart from the acceptance of the scheme which is basic,
\nsome points were raised yesterday. One was about the<\/p>\n
monarchical form of Government. That question has not arisen at all in the
\nConstituent Assembly nor, so far as we can see, does it arise at all from the
\nStatement. But it has been repeatedly stated on our behalf in the Constituent
\nAssembly as outside that we have no objection to it we accept that, and we do
\nnot want to come in the way of the monarchical form of Government at all. This
\nhas been made perfectly clear.\n<\/p>\n
“Another point that we raised in our discussion yesterday was about some
\napprehension about territorial readjustments. I tried to point out that the
\nResolution passed by the Constituent Assembly had no reference in the minds of
\nthose who framed the Resolution or who proposed it there, to any change
\nregarding the States. It has no relation to the States. It was an indication
\nthat there will be provision- made in the constitution or in the process of
\nre-grouping units, etc., where some changes may have to be made. It had no
\nreference to changing boundaries. I can concede territorial boundaries being
\nchanged for economic reasons, fur facilitating governmental purposes, etc.,
\nbut any such territorial readjustments, we are quite clear, should be made
\nwith the consent of the parties concerned, and not be forced down. I say, for
\nthe moment we are not thinking in terms of any such thing, but if this
\nquestion arises, it should be essential that the parties concerned should
\nconsent to it.\n<\/p>\n
“The scheme, as has already been stated, is a voluntary one, and whether
\nin regard to the entry into the Constituent Assembly or subsequently when the
\nConstituent Assembly decides and comes to conclusions, there will be no
\ncompulsion, and the States will have the right to have their say at any stage
\njust as anybody else will have the right to have their say at any stage. So
\nthe coercive factor must be eliminated from that.\n<\/p>\n
” In regard to some confusion which has possibly arisen in regard to
\nsubjects and powers, we go on what the Cabinet Mission’s, Statement
\nspecifically says. The Cabinet Mission’s Statement said . “The States
\nwill retain all subjects and powers other than those ceded to the Union.”
\nThat is perfectly clear, we accept that statement, we accept that entirely.
\nGenerally speaking, those are the matters that came up yesterday in the course
\nof discussion, and perhaps we might proceed on that basis and consider matters
\nnow.”\n<\/p>\n
We further explained that the Constituent Assembly could not possibly take up
\nthe position that they were not prepared to discuss matters with States not
\nrepresented on the Chamber of Princes Negotiating Committee; or with
\nrepresentatives of States peoples, as that would involve an element of
\ncompulsion which was contrary to their conception of the scheme.\n<\/p>\n
3. A general understanding having been, arrived at. as a result of the above
\nexchange of views, the States Negotiating Committee proceeded to consider the
\ntwo matters on which we had been asked to, negotiate by the Constituent
\nAssembly. After a preliminary discussion, it wasdecided that the question of
\nthe distribution of the 93 seats should be referred to the Secretariats of the
\nConstituent Assembly and the Chamber of Princes, and their recommendations
\nplaced before the next meeting of the two committees on the 1st March, 1947.\n<\/p>\n
4. In the meanwhile, the Dewan of Baroda. had asked for direct negotiation
\nwith us on the representation of Baroda in the Constituent Assembly. We
\naccordingly met Sir B. L. Mitter on the 9th February. In the course of our
\ndiscussion, he made it clear that it was the decision of the Baroda State,
\nboth the Ruler and the people, to give the fullest cooperation to the
\nConstituent Assembly in its work and that they were prepared to take steps
\nforthwith for the selection of representatives so that these could take part
\nin the work of the Assembly at the earliest possible date. It was agreed
\nbetween us and the Dewan that Baroda should, having regard to its population,
\nsend three representatives and that these should be elected by the Dhara Sabha
\n(the State legislature) on the principle of<\/p>\n
proportional representation, by means of the single transferable vote, and
\nthat only its elected and nominated non-official members should take part in
\nthe election.\n<\/p>\n
5. The next joint meeting of the two committees was held on the 1st March,
\n1947. At this meeting we urged that H.M.G.’s declaration of the 20th February
\nhad introduced an additional element of urgency in our task and that it would
\nbe greatly to the advantage of the States no less than to the British Indian
\nrepresentatives in the Constituent Assembly if States’ representatives could
\njoin the Assembly during April session. We pointed out that there was nothing
\nin the State Paper of the 16th May which operated as a bar against States
\ndoing so. We also suggested that it would be to our mutual advantage if
\nStates’ representatives could function forthwith on some of the committees set
\nup by the Constituent Assembly, particularly the Union Powers Committee and
\nthe Advisory Committee on fundamental rights, etc. The States Negotiating
\nCommittee, however, expressed their inability to take these steps in the
\nabsence of a mandate from the General Conference of Rulers whom they promised
\nto consult at an early date.\n<\/p>\n
6. The discussion then turned on the method of distribution of the 93 seats
\nallotted to the States. The Committees approved of the distribution as
\nproposed by the two Secretariats, (Appendix B) and authorised the making of
\nsuch minor modifications as are considered necessary by the parties concerned.\n<\/p>\n
7. After this, we discussed the method of selecting representatives. Various
\nproposals were made and discussed in a joint sub-committee set up for the
\npurpose. Eventually, after a consideration of the sub-committee’s report, the
\nfollowing formula was accepted by both Committees, viz., that not less than 50
\nper cent. of the total representatives of States shall be elected by the
\nelected members of legislatures or, where such legislatures do not exist, of
\nother electoral colleges. The States would endeavour to increase the quota of
\nelected representatives to as much above 50 per cent. of the total number as
\npossible.\n<\/p>\n
This formula has since been ratified by the General Conference of Rulers held
\non the 2nd April. A copy of the resolution. passed by the Conference is
\nattached (Appendix C).\n<\/p>\n
We pointed out that in regard to two States, viz., Hyderabad and Kashmir
\nelections to their legislatures had been boycotted by important organisations
\nrepresenting the people of the States concerned, and the legislatures
\ntherefore could not be considered to represent the people as they were
\nintended to do. In the cases of these two States, we suggestedthat a suitable
\nmethod of electing representatives for the Constituent Assembly should be
\ndevised. The Chancellor said that he would communicate the suggestion to the
\nStates concerned.\n<\/p>\n
8. A Committee consisting of the following members: (1) Dr. Pattabhi
\nSitaramayya; (2) Sir N. Golpalaswami Ayyangar; (3) Sir V. T. Krishnamachari;
\n(4) Sir Sultan Ahmed; (5) Sir B. N. Rau; (6) Mir Maqbool Mahmood; (7) Mr. H.
\nV. R. Iengar was set up to consider the modifications referred to in para. 6
\nabove and other matters of detail that might arise from time to time and to
\nreport, if necessary, to the two Negotiating Committees.\n<\/p>\n
We have been informed that the States of Baroda, Jaipur, Jodhpur, Rewa, Cochin
\nand Bikaner have already selected their representatives in accordance with the
\nagreement arrived at. These representatives have been invited to take their
\nseats at the forthcoming session of the Assembly. The States of Patiala,
\nUdaipur, Gwalior and Bhavnagar have also announced that they will take part in
\nthe work of the Constituent Assembly.\n<\/p>\n
JAWAHARLAL NEHRU.\n<\/p>\n
A. K. AZAD.\n<\/p>\n
VALLABHBHAI PATEL. N. GOPALASWAMI.\n<\/p>\n
SHANKARRAO DEO. B. PATTABHI SITARAMAYYA.\n<\/p>\n
NEW DELHI ;24th April, 1947.\n<\/p>\n
[Enclosure I to Appendix A]<\/p>\n
TEXT OF RESOLUTION PASSED AT PRINCES MEETING HELD ON 29-1- 47. 1. This meeting
\nreiterates the willingness of the States to render the fullest possible
\nco-operation<\/p>\n
in framing an agreed Constitution for, and in the setting up of, the proposed
\nUnion of India in accordance with the accepted plan; and declares:-\n<\/p>\n
(a) that the following fundamental proposition inter alia form the basis for
\nthe States’ acceptance of the Cabinet Mission’s plan-\n<\/p>\n
(i) The entry -of the States into the Union of India in accordance with the
\naccepted plan shall be on no other basis than that of negotiation, and the
\nfinal decision shall rest with each State. The proposed Union shall comprise,
\nso far as the States are concerned, the territories of only such States or
\ngroups of States as may decide to join the Union, it being understood that
\ntheir participation in the constitutional discussions in the meantime will
\nimply no commitments in regard to their ultimate decision which can only be
\ntaken after consideration of the complete picture of the constitution.\n<\/p>\n
(ii) The States will retain all subjects and powers other than those ceded by
\nthem to the Union. Paramountcy’ will terminate at the close of the interim
\nperiod and will not be transferred to or inherited by the new Government of
\nIndia. All the rights surrendered by the States to the Paramount Power will
\nreturn to the States. The proposed Union of India will, therefore, exercise
\nonly such functions in relation to the States in regard to Union subjects as
\nare assigned or delegated by them to the Union. Every State shall continue to
\nretain its sovereignty and all rights and powers except to the extent that
\nthose rights and powers have been expressly delegated by it. There can be no
\nquestion of any powers being vested or inherent or implied in the Union in
\nrespect of the States unless specifically agreed to by them.\n<\/p>\n
(iii) The Constitution of each State, its territorial integrity, and the
\nsuccession of its reigning dynasty in accordance with the custom, law and
\nusage of the State, shall not be interfered with by the Union or any Unit
\nthereof, nor shall the existing boundaries of a State be altered except by its
\nfree consent and approval.\n<\/p>\n
(iv) So far as the States are concerned, the Constituent Assembly is
\nauthorised only to settle the Union Constitution in accordance with the
\nCabinet Mission’s plan, and is not authorised to deal with questions bearing
\non the internal administrations or constitutions of individual States or
\ngroups of States.\n<\/p>\n
(v) His Majsety’s Government have made it clear in Parliament that it is for
\nthe States to decide freely to come in or not as they choose. Moreover
\naccording to the Cabinet Mission’s Memorandum of 12th May, 1946, on States
\nTreaties and Paramountcy “Political arrangements between the States on
\nthe one side and the British Crown and British India on the other will be
\nbrought to an end” after the interim period. “The void will have to
\nbe filled either by the States entering into a federal relationship with the
\nsuccessor Government. . …. in British India, or failing this, entering into
\nparticular political arrangements with it.”\n<\/p>\n
(b) that the States Negotiating Committee, selected by the Standing Committee
\nof the Chamber of Princes and set up at the request of His Excellency the
\nViceroy in accordance with paragraph 21 of the Cabinet Mission’s Statement of
\nthe 16th May, 1946, is the only authoritative body competent under the Cabinet
\nMission’s- plan to conduct preliminary negotiations on behalf of the States,
\non such questions relating to their position in the new Indian Constitutional
\nstructure as the States might entrust to It.\n<\/p>\n
(c) that while the distribution inter se of the States’ quota of seats on the
\nConstituent Assembly is a matter for the States to consider and decide among
\nthemselves, the method of selection of the States representatives is a matter
\nfor consultation between the States Negotiating Committee and the
\ncorresponding Committee of the British- India portion of the Constituent
\nAssembly before final decision is taken by the States concerned.\n<\/p>\n
2. This meeting-\n<\/p>\n
(a) endorses the Press Statement issued on 10th June, 1946, by the Standing<\/p>\n
Committee of the Chamber of Princes in consultation with the Committee of
\nMinisters and the Constitutional Advisory Committee, in regard to the attitude
\nof the States towards the Cabinet Mission’s plan; and<\/p>\n
(b) supports the official statement of the views communicated by the States
\nDelegation to the Cabinet Mission on 2nd April, 1946, which inter alia
\nassociated the States with the general desire in the country for India’s
\ncomplete self-government or independence in accordance with the accepted plan.\n<\/p>\n
3. This meeting resolves that, in accordance with this Resolution and the
\ninstructions and Resolutions of the States’ Constitutional Advisory Committee
\nas endorsed by the Standing Committee of Princes and the Committee, of
\nMinisters, the States Negotiating Committee be authorised to confer with the
\ncorresponding Committee of the British India portion of the Constituent
\nAssembly, as contemplated and declared by His Majesty’s Government in
\nParliament in order to negotiate (a) the terms of the States’ participation in
\nthe Constituent Assembly when It reassembles under paragraph 19(6) of the
\nCabinet Mission’s Statement and (b) in regard to their ultimate position in
\nthe All-India Union, provided that the results of these negotiations will be
\nsubject to the approval of the aforesaid States’ Committees and ratification
\nby the States.\n<\/p>\n
NOTE ON THE PROPOSED ALLOCATION OF SEATS AMONG STATES<\/p>\n
1. The allocation of seats proposed in the annexure has been prepared by the
\nSecretariats of the Constituent Assembly and the Chamber of Princes and is
\nintended as a basis of discussion for the Committees concerned.\n<\/p>\n
2. As in British India, seats to individual -States have been allotted
\ngenerally on the basis of one seat for one million of the population,
\nfractions of three-fourth or more counting as one and lesser fractions being
\nignored. In the case of groups, fractions of more than half have been counted
\nas one, lower fractions being ignored.\n<\/p>\n
3. States so desiring may pool or share their proportion of the allotted
\nrepresentation, whether individual or grouped, with that of any other State or
\ngroup of States by mutual agreement, provided:-\n<\/p>\n
(a)that the total representation of the States and\/or the groups affected is
\nnot disturbed, and<\/p>\n
(b) that geographic proximity, economic considerations and ethnic, cultural
\nand linguistic affinity are duly kept in view.\n<\/p>\n
ANNEXURE A<\/p>\n
SINGLE STATES<\/p>\n
Division as shown in the Table of seats appended to Part II of the First
\nSchedule to the Govt. of India Act, 1935Names of StatePopulation in
\nmillionsNumber of seats in the Constituent AssemblyIHyderabad16.3316IIMysore7.327IVKashmir4.024IXGwalior4.004IXBaroda2.853XTravancore6.076XCochin1.421XUdaipur1.922XJaipur<\/p>\n
3.043XBikaner1.291XAlwar0.821XKotah0.771XIIndore1.511XIBhopal0.781XIRewa1.821XIIIKolhapur1.091XIVPatiala1.932XIVBahawalpur1.341XIVMayurbhanj0.9912061.8660BFRONTIER<\/p>\n
GROUPSDivisionNames of States in the GroupPopulation in millionsNumber of
\nseats in the Constituent AssemblyVIKalat0.25Las
\nBela0.071Kharan0.03XIVKhairpur0.31VIISikkim0.121XVCooch Behar0.64XV
\nTripura0.511XVManipur0.51XVII<\/p>\n
Khasi States0.21XVIIAmb0.251XVIIChitral0.10XVIIDir.0.35XVIISwat0.26XVIIPhulra0.013.324CINTERIOR<\/p>\n
GROUPSDivisionNames of States in the GroupPopulation in millionsNumber of
\nseats in the Constituent AssemblyVIIIRampur Benares0.931XPudukottaiIncluded in
\nresiduaryBanganapalle0.49Group XVIISandurbelowXBharatpurTonkDholpurKarauliBundiSirohi13Dungarpur2.863statesBanswaraPartabgarh<\/p>\n
JhalawarJaisalmerKishengarhXIShahpuraXIDatiaOrchhaDharDewas (Senior)Dewas<\/p>\n
(Junior)JaoraRatlamPannaSamtharAjaigarhBijawarCharkhari26Chhatarpur3.113StatesBaoniNagodMaiharBaraundhaBarwaniAli<\/p>\n
RajpurJhabuaSailanaSitamauRajgarhNarsingarhKhilchipurXVIIKurwauXIICutchIdarNawanagarBhavnagarJunagadhDharangadhraGondal<\/p>\n
Porbhandar16MorviStatesRadhanpur3.654WankanerPalitanaDhrolLimbodiWadhwanRajkotXII<\/p>\n
– AJafrabadRajpiplaPalanparCambayDharampurBalasinorBaria1.69215Chhota UdepurstatesSantLunawadaBansdaSachinJawharDantaXIIIJanjiriXIIISangliSavantvadiMudholBhorJamkhandiMiraj<\/p>\n
( Senior)1.56214Miraj ( Junior)statesKurundwad (Senior)Puduko-Kurundwad
\n(Junior)<\/p>\n
-ttai – AkalkotBangap-Phaltanalle
\nandJathSandurAundhRamdurgXIVKapurthalaJindNabhaMandiBilaspurSuket14Tehri – GarhwalstatesSirmurChamba2.703FaridkotMalekotlaLoharuXVIIKalsiaBashahrXVISonepurPatnaKalahandiKeonjharDhenkanal<\/p>\n
Nayagarh25TalcherstatesNilgiriGangapurBamraSeraikelaBaudBonai4.254XVIIAthgarhPal<\/p>\n
LaharaAthmalik<\/p>\n
HindolNarsingpurBarambaTigiriaKhandparaRanpurDaspallaRairaKholKharsawanXVI-ABastarSurgujaRaigarhNandgaon14KhairagarhstatesJashpurKanker2.813KoreaSarangarhXVIIChagbhakarChhuikhadanKawardhaSaktiUdaipurXVIIA<\/p>\n
– 1 other States including three Division IX, viz4.26427.8229TEXT OF THE
\nRESOLUTION PASSED AT PRINCES MEETING HELD IN BOMBAY ON 2-4-471. This
\nconference reiterates the support of the States to the freedom of the country,
\nand their willingness to render the fullest possible co-operation in framing
\nan agreed constitution and to all genuine efforts towards facilitating the
\ntransfer of power on an agreed basis. The conference reaffirms the resolution
\nadopted by the General Conference of Rulers and representatives of States on
\nJanuary 29, 1947.\n<\/p>\n
2. It ratifies the general understanding reached between the States
\nNegotiating Committee and the corresponding Committee set up by the
\nConstituent Assembly in regard to the allocation of the States’ quota of seats
\nin, and the method of selection of the State representatives to, the
\nConstituent Assembly, and on the fundamental points discussed at their
\nmeetings held on February 8 and 9 and on March I and 2, subject to the
\nacceptance of the aforesaid understanding by the Constituent Assembly.\n<\/p>\n
3. It reiterates the previous decisions of the States to adhere strictly to
\nthe Cabinet Mission’s plan, under which the representatives of such States as
\nmay so desire, may join the Constituent Assembly at the appropriate stage when
\nthat Assembly meets, in accordance with the Cabinet Mission’s plan to settle
\nthe Union constitution, provided that such participation in preceded by
\nacceptance by the Constituent Assembly, of the general understanding reached
\nbetween the two Negotiating Committees in regard to the fundamental points,
\nand other matters referred to in the second resolution.\n<\/p>\n
4. The conference is glad to note that Mr. Attlee’s statement of February 20,
\n1947, further confirms the declaration made by the Cabinet Mission that
\nparamountcy will cease at the close of the interim period. This means that all
\nthe rights surrendered by the States to the paramount power will revert to
\nthem, and they will be in a position, as independent units, to negotiate
\nfreely in regard to their future relationship with others concerned.\n<\/p>\n
5. This conference reaffirms its previous recommendations in regard to
\ninternal reforms, and emphasizes the urgency and importance of suitable action
\nbeing taken without delay, where needed, with due regard to local conditions.\n<\/p>\n
6. In view of the element of urgency introduced by Mr. Attlee’s statement of
\nFebruary 20, 1947,<\/p>\n
this conference authorizes the Chancellor and the Standing Committee of the
\nChamber of Princes to conduct negotiations through the States’ Negotiating
\nCommittee or such other sub-committees as the Standing Committee may appoint,
\nin regard to questions affecting the States in general: (a) with the Crown
\nRepresentative in regard to matters relating to the lapse of paramountcy, and
\nthose arising out of the proposed transfer of power, so far as they affect the
\nStates; (b) with Interim Government and the competent British Indian
\nauthorities in regard to matters referred to in Paragraph 4 of the Cabinet
\nMission’s memorandum of May 12, 1946, on the States’ treaties and paramountcy,
\nprovided that (1) these negotiations will be conducted in accordance with the
\nresolution adopted by the General Conference of Rulers on January 29, 1947,
\nand the instructions and resolutions of the States Constitutional Advisory
\nCommittee as endorsed by the Standing Committee of Princes and the Committee
\nof Ministers; (2) the results of these negotiations will be subject to the
\napproval of aforesaid States’ Committee and ratification by the States.\n<\/p>\n
7. This Conference requests His Highness the Chancellor to address His
\nExcellency the Crown Representative with a view to ensuring early and
\nsatisfactory settlement by His Majesty’s Government of questions relating to
\nindividual States prior to the transfer of power.\n<\/p>\n
APPENDIX B<\/p>\n
CONSTITUENT ASSEMBLY OF INDIA REPORT OF THE UNION POWERS COMMITTEE TO THE
\nCONSTITUENT ASSEMBLY<\/p>\n
We, the undersigned, members of the Committee appointed by the resolution of
\nthe Constituent Assembly of the 25th January to examine the scope of ‘Union
\nPowers, have the honour to submit this our report. Sir V. T. Krishnamachari
\nand Sir B. L. Mitter were nominated to the Committee on 10th April, 1947, and
\nthe rest of us have had an opportunity of going over the entire ground again
\nwith them.\n<\/p>\n
2. We consider that the scope of the subjects, Defence, Foreign Affairs and
\nCommunications in the Cabinet Delegation’s Statement of the 16th May covers
\nthe following.-\n<\/p>\n
A-“Defence” connotes the defence of the Union and of every part
\nthereof and includes generally all preparation for defence, as well as all
\nsuch acts in times of war as may be conducive to its successful prosecution
\nand Communications in the Cabinet Delegation’s Statement -of the 16th
\n“Defence” includes–\n<\/p>\n
(1) The raising, training, maintenance and control of Naval, Military and Air
\nForces and employment thereof for the defence of the Union and the execution
\nof the laws of the Union and its Units; the strength, Organisation and control
\nof the existing armed forces raised and employed in Indian States;.\n<\/p>\n
(2) Defence industries;\n<\/p>\n
(3) Naval, Military and Air Force works;\n<\/p>\n
(4) Local self-government in cantonment areas, the constitution and powers
\nwithin such areas of cantonment authorities, the regulation of house
\naccommodation in such areas and the delimitation of such areas;\n<\/p>\n
(5) Arms, fire arms, ammunition and explosives;\n<\/p>\n
(6) Atomic energy, and mineral resources essential to its production.\n<\/p>\n
We recommend further that in order to enable the Union Government effectively
\nto discharge its responsibility for defence, it should be vested with the
\npowers similar to those contained in Sections 102 and 126-A of the Government
\nof India Act, 1935.\n<\/p>\n
B–“Foreign Affairs” connotes all matters which bring the Union into
\nrelation with any foreign country and in particular includes the following
\nsubjects :-\n<\/p>\n
(1) Diplomatic, consular and trade representation;\n<\/p>\n
(2) United Nations Organisation;\n<\/p>\n
(3) Participation in international conferences, associations and other bodies
\nand implementing of decisions made thereat;\n<\/p>\n
(4) War and Peace;\n<\/p>\n
(5) The entering into and implementing of treaties and agreements with other
\ncountries;\n<\/p>\n
(6) Trade and Commerce with foreign countries;\n<\/p>\n
(7) Foreign loans;\n<\/p>\n
(8) Naturalisation and aliens;\n<\/p>\n
(9) Extradition;\n<\/p>\n
(10) Passports and visas;\n<\/p>\n
(11)<\/span><\/p>\n
Foreign jurisdiction;\n<\/p>\n
(12) Admiralty Jurisdiction;\n<\/p>\n
(13) Piracies, felonies committed on the high seas and offences Committed in
\nthe air against the law of nations;\n<\/p>\n
(14) Admission into, and emigration and expulsion from, the Union; (15) Port
\nquarantine;\n<\/p>\n
(16) Import and export across customs frontiers as defined by the Union
\nGovernment;\n<\/p>\n
(17) Fishing and fisheries beyond territorial waters.\n<\/p>\n
C-The term “Communications” although it is wide enough to cover any
\nconnection between place should for the present purposes of the Union, in our
\nopinion, include the following:-\n<\/p>\n
(1) Airways;\n<\/p>\n
(2) Highways and waterways declared by the Union to be Union highways and
\nwaterways;\n<\/p>\n
(3) Shipping and navigation on inland waterways, declared by the Union to be
\nUnion waterways, as regards mechanically propelled vessels, and the<\/p>\n
rule -of the road on such waterways; carriage of passengers, and goods on such
\nwaterways;\n<\/p>\n
(4) (a) Posts and Telegraphs:\n<\/p>\n
Provided that the rights existing in favour of any individual State unit at
\nthe date of the establishment of the Union shall be preserved to the unit till
\nthe same are modified or extinguished by agreement between the Union and Unit
\nconcerned, subject however to the power of the Union to make laws for the
\nregulation and control of the same.\n<\/p>\n
(b) Union telephones, wireless, broadcasting and other life forms of
\ncommunications; the regulation arid control of all other telephones, wireless,
\nbroadcasting and other like forms of communication;\n<\/p>\n
(5) Union railways; the regulation of all railways (other than minor railways)
\nin respect of safety, maximum and minimum rates and fares, station and service
\nterminal charges, interchange of traffic and the responsibility of railway
\nadministrations as carriers of goods and passengers; the regulation of minor
\nrailways in respect of safety and the responsibility of the ad ministration of
\nsuch railways as carriers of goods and passengers;\n<\/p>\n
(6) Maritime shipping and navigation, including shipping and navigation on
\ntidal waters; Admiralty jurisdiction;\n<\/p>\n
(7) Major ports, that is to say, the declaration and delimitation of such
\nports, and the constitution and powers of Port Authorities therein;\n<\/p>\n
(8) Aircraft and air navigation; the provision of aerodromes, regulation and
\nOrganisation of air traffic and of aerodromes;\n<\/p>\n
(9) Lighthouses, including lightships, beacons and other provision for the
\nsafety of shipping and aircraft;\n<\/p>\n
(10) Carriage of passengers and goods by sea or by air;\n<\/p>\n
(11) Union Meteorological Services;\n<\/p>\n
(12) Inter-Union quarantine.\n<\/p>\n
D-The expression “the powers necessary to raise the finances
\nrequired” for the Union subjects in the Cabinet Delegation’s Statement
\nnecessarily includes the power, to raise finances by taxation and loans. In
\nexisting circumstances, we recommend the following sources of revenue for the
\nUnion :-\n<\/p>\n
(1) Duties of customs, including export duties;\n<\/p>\n
(2) Excise duties;\n<\/p>\n
(3) Corporation tax;\n<\/p>\n
(4) Taxes on income other than agricultural. income,<\/p>\n
(5) Taxes on the capital value of the assets, exclusive of agricultural land
\nof individuals and companies; taxes on the capital of companies;\n<\/p>\n
(6) Duties in respect of succession to property other than agricultural land;\n<\/p>\n
(7) Estate duty in respect of property other than agricultural land;\n<\/p>\n
(8) Fees in respect of any of the matters in the list of Union Powers, but not
\nincluding fees taken in any Court, other than the Union Court.\n<\/p>\n
We realise that, in the matter, of industrial development, the States are in
\nvarying degrees of advancement and conditions in British India and the States
\nare in many respects dissimilar Some of the above taxes are now regulated by
\nagreements between the Government of India and the States. We, therefore,
\nthink that it may not be possible to impose a uniform standard of taxation
\nthroughout the Union all at once We recommend that uniformity of taxation
\nthroughout the Units may,<\/p>\n
for an agreed period of years after the establishment of the Union not
\nexceeding 15, be kept in abeyance and the incidences, levy, realisation and
\napportionment of the above taxes in the State Units shall be subject to
\nagreements between them and the Union Government. Provision should accordingly
\nbe made in the Constitution for implementing the above recommendation.\n<\/p>\n
This is in addition to the recommendations of the Sub-Committee on Fundamental
\nRights regarding internal customs duties.\n<\/p>\n
3.It is impossible to enumerate the powers implied or inherent in or resultant
\nfrom the express powers of the Union. We think that in any case the following
\npowers come within the category :-\n<\/p>\n
(1) Union judiciary;\n<\/p>\n
(2) Acquisition of property for the purposes of the Union;\n<\/p>\n
(3) Union agencies and institutes for the following purposes, that is to say,
\nfor research, for professional or technical training, or for the promotion of
\nspecial studies;\n<\/p>\n
(4) Census;\n<\/p>\n
(5) Offences against laws with respect to any of the matters in the list of
\nUnion powers;\n<\/p>\n
(6) Enquiries, surveys and statistics for the purposes of the Union;\n<\/p>\n
(7) Union Services;\n<\/p>\n
(8) Industrial disputes concerning Union employees;\n<\/p>\n
(9) Reserve Bank of India;\n<\/p>\n
(10) Property of the Union and the revenue therefrom;\n<\/p>\n
(11) Public debt of the Union;\n<\/p>\n
(12) Currency, coinage and legal tender;\n<\/p>\n
(13) All subjects in respect of Union areas;\n<\/p>\n
(14) Powers to deal with grave economic emergencies in any part of the Union
\naffecting the Union.\n<\/p>\n
4. We are of the opinion that provision should be made in the new constitution
\nfor the recognition throughout the, Union of the laws and public acts Laid
\nrecords of the judicial proceedings of the Units and for judgments and orders
\ndelivered in one Unit being enforced in other Units. We note that a provision
\nto this effect has already been made in the list of Fundamental Rights.\n<\/p>\n
5. In addition to the above subjects which, in our view, come within the scope
\nof Union powers in accordance with the Cabinet Delegation’s Statement, we hope
\nthat the following subjects will also be included in the Union List by
\nagreement:-\n<\/p>\n
(1) Insurance;\n<\/p>\n
(2) Company Laws;\n<\/p>\n
(3) Banking;\n<\/p>\n
(4) Negotiable Instruments;\n<\/p>\n
(5) Patents; trade marks, trade designs; copyright ;\n<\/p>\n
(6) Planning;\n<\/p>\n
(7) Ancient and Historical Monuments;\n<\/p>\n
(8) Standard Weights and Measures.\n<\/p>\n
Such an arrangement will ensure uniformity, throughout the territories of the
\nunion, in matters bearing on trade and commerce as has in fact been recognised
\nin many federal constitutions. We have included Planning in the above list for
\nthe reason that, although authority may rest in respect of different subjects
\nwith the Units it is obviously in their interest to have a coordinating
\nmachinery to assist them. 6. We recommend the insertion in the constitution of
\na provision on the lines of Article (xxxvii) of Section 51 of the Australian
\nConstitution Act.\n<\/p>\n
7. We also recommend that by agreement there may be a list of concurrent
\nsubjects as between the Union and the Units.\n<\/p>\n
(Sd.) JAWAHARLAL NEHRU<\/p>\n
GOVIND BALLABH PANT<\/p>\n
B. L. MITTER<\/p>\n
JAIRAMDAS DAULATRAM<\/p>\n
N. GOLASWAMI AYYANGAR<\/p>\n
K. M. MUNSHI<\/p>\n
V.T. KRISHNAMACHARI<\/p>\n
B. PATTABHAI SITARAMAYYA<\/p>\n
BISWANATH DAS<\/p>\n
A. KRISHNASWAMI AYYAR<\/p>\n
New Delhi;\n<\/p>\n
17th April, 1947.<\/p>\n","protected":false},"excerpt":{"rendered":"
Constituent Assembly Debates Constituent Assembly Debates On 28 April, 1947 CONSTITUENT ASSEMBLY OF INDIA – VOLUME III Monday, the 28th April 1947 The Third Session of the Preliminary Meeting of the Constituent Assembly of India commenced in the Constitution Hall, New Delhi, at Eleven of the Clock, Mr. President (The Hon’ble Dr. Rajendra Prasad) in […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-253041","post","type-post","status-publish","format-standard","hentry","category-judgements"],"yoast_head":"\nConstituent Assembly Debates On 28 April, 1947 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/constituent-assembly-debates-on-28-april-1947\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Constituent Assembly Debates On 28 April, 1947 - 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