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AHC RO/ARO TYPING TEST(judgement) BY MR Sanguine007

created Sep 14th, 06:31 by Umesh Singh



507 words
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statute, a Constitution is a working instrument of Government, it is drafted by people who wanted it
to be a national instrument to subserve successive generations. The Assembly constituted
Committees of able men of high calibre, learning and wide experience, and it had an able adviser,
Shri B.N. Rau to assist it. A memorandum was prepared by Shri B.N. Rau which was circulated to
the public of every shade of opinion, to professonal bodies, to legislators, to public bodies and a host
of others and was given the widest publicity. When criticism, comments and suggestions were
received, a draft was prepared in the light of these which was submitted to the Constituent
Assembly, and introduced with a speech by the sponsor Dr. Ambedkar. The Assembly thereupon
constituted three Committees: (1) Union Powers Committee; (2) Provincial Powers Committee; and
(3) Committee on the Fundamental Rights and Minorities Committee. The deliberations and the
recommendations of these Committees, the proceedings of the Drafting Committee, and the speech
of Dr. Ambedkar introducing the draft so prepared along with the report of these Committees are all
valuable material. The objectives of the Assembly, the manner on which they met any criticism, the
resultant decisions taken thereon, amendments proposed, speeches in favour or against them and
their ultimate adoption or rejection will be helpful in throwing light on the particular matter in
issue. In proceedings of a legislature on an ordinary draft bill, as I said earlier, there may be a
partisan and heated debate, which often times may not throw any light on the issues which come
before the Court but the proceedings in a Constituent Assembly have no such partisan nuances and
their only concern is to give the nation a working instrument with its basic structure and human
values sufficiently balanced and stable enough to allow an interplay of fortes which will subserve the
needs of future generations. The highest Court created under it and charged with the duty of
understanding and expounding it, should not, if it has to catch the objectives of the framers, deny
itself the benefit of the guidance derivable from the records of the proceedings and the deliberations
of the Assembly. Be that as it may, all I intend to do for the present is to examine the stages through
which the draft passed and whether and that attempts were made to introduce words or expressions
or delete any that were already there and for what purpose. If these proceedings are examined from
this point of view, do they throw any light on or support the view taken by me ?
1132. The various stages of the Constituent Assembly proceedings, while considering the draft
Articles 8 and 304 corresponding to Articles 13 and 368 respectively, would show that attempts
were made to introduce amendments to both these articles to clarify that the embargo in Article
13(2) does not apply to an amendment made under Article 368. First, Shri K. Santhanam, one of the
members of the Constituent Assembly moved an amendment on April 29, 1947

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