Mr. Vice-President: There are certain amendments to this which I am calling out. No.74 Mr. Sarwate
Shri V.S. Sarwate: (United States of Gwalior-Indore-Malwa-Madhya Bharat): Mr. Vice-President, Sir, I beg to move an amendment to this amendment. My amendment stands thus:
“That in amendment No.1018 of the list of amendments, in article 40, after the words “The state shall and before sub-clause (a), this new clause be inserted and the existing clause be renumbered accordingly: –
(a) foster truthfulness, justice, and sense of duty in the citizens.
Shri H.V. Kamath: …. Sir, I move :-
“That in amendment 1018 of the list of Amendments in article 40, after the word, shall the words ‘endeavour to be inserted, in clause (b) the words ‘seek to’ be deleted in clause (c) the words “endeavour to be deleted”.
Mr. Vice-President: The question is that for the existing article 40, the following be substituted:-
So that if this amendment be accepted by the House the amendment of the Drafting Committee will read as follows:-
“40. The State shall endeavour to
(a) promote international peace and security;
(b) maintain just and honourable relations between nations;
(c) foster respect for international law and treaty obligations in the dealings of organised people with one another, and
(d) encourage the settlement of international disputes by arbitration.”
This amendment seek only a slight structural change in the amendment brought forward by Dr. Ambedkar so as to bring out or indicate the directive character of the principle embodied in Article 40…
Mr. President: Mr. Ayyangar, will you move it formally?
Shri M. Ananthasayanam Ayyangar: Sir, I move that in the amendment of Dr. Ambedkar, at the end add the following sub-clause:-“and (d) to encourage the settlement of international disputes by arbitration”.
The motion was adopted.
The Honourable Dr. B.R. Ambedkar: Sir I accept Mr. Kamath’s three amendments. I accept Dr. Subbarayan’s amendment and I accept the amendment moved by my Honourable friend, Mr. Ananthasayanam Ayyangar. I do not accept any other amendment.
The motion was negatived.
ARTICLE -7
The Honourable Dr. B.R. Ambedkar: Sir, I move:
“That the following words be added at the end of article 7:-
or under the control of the Government of India’.”
Sir, this amendment was thought necessary because apart from the territories which form part of India, there may be other territories which may not form part of India, but may nоnе the-less be under the control of the Government of India. There are many cases occurring now in international affairs where territories are handed over to other countries for the purposes of administration either under a mandate or trusteeship. I think it is desirable that there ought to be no discrimination so far as the citizens of India and the residents of those mandated or trusteeship territories are concerned in fundamental rights. It is therefore desirable that this amendment should be made so that the principle of Fundamental Rights may be extended to the residents of those territories as well.
Mr. Vice-President: I would request Dr. Ambedkar to enlighten us about the points raised here by Mr. Ali Baig. We are laymen and we would like to hear him.
The Honourable Dr. B.R. Ambedkar: Mr. Vice-President, I must confess that although I had concentrated my attention on the speech of my friend who moved this amendment, I have not been able to follow what exactly he wanted to know. If his amendment is to delete the whole of Article 7, I am very easily explain to him why this Article must stand as part of the Constitution.
The object of the Fundamental Rights is two-fold. First, that every citizen must be in a position to claim those rights.
(To be continued)
