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Parliamentary Debates Parliament of India Friday 18th May 100013 Part II - Proceedings other than Questions and Answers Official Report

1951

Ambed- ar): In the course of the debate yes- terday, my friend Pandit Hirday Nath 'Kunzru said that Government had done great injustice to the House by not explaining the necessity and the pur- poses of the various clauses in this Bill, and that some one on the side of Government—and he referred particu- larly to me—should have got up to discharge that duty to the House. [...] Now the point has to be borne in mind that in article 46 of the Directive Principles an obligation has been laid upon the Government to do everything possible in order to promote the wel- ffare and the interest of what are call- ed the weaker sections of the public by which I understand to mean the backward classes or such other classes who are for the moment not able to stand on their legs—the sc [...] This has happened because the U. S. Supreme Court, although it was the first Court in the world which was called upon to recon- cile the Fundamental Rights of the citizen with the interests of the State, after a great deal of pioneering work came upon two fixed principles of the Constitution. [...] The rea- son why the Judges of the Supreme Court do not propose to adopt the -doc- trine of 'police power" is this, so far as I am able to understand, that the Constitution has enumerated specifi- cally the heads in clause (2) under which Parliament can lay restrictions . on the Fundamental Right as to the freedom or speech and expression, and that as Parliament has expressly laid- down the heads [...] Ambedkar: The point that I was trying to make to the House is that on account of the declaration by the Supreme Court that this Parlia- ment has no capacity to make a law in certain heads, the question before the House is this: can we allow the situation to'remain as it is, as created by the judgments, or we must endow Parliament with the authority to make a law?
government politics public policy
Pages
49
Published in
India
SARF Document ID
sarf.100013
Segment Pages Author Actions
Frontmatter
i-9002 unknown view
Papers laid on the Table
9002-9033 unknown view
Delimitation of Parliamentary and Assembly Constituencies Orders 1951
9033-9035 unknown view
Constitution (First Amendment)Bill—Contd
9035-9045 unknown view
Backmatter
i-i unknown view