CONSTITUENT ASSEMBLY OF INDIA - VOLUME VII Thursday, the 4th Nove !

er "#4$ The Constituent Assembly of India met in the Constitution Hall, New Delhi, at Eleven of the clock, Mr !resident "The Honourable Dr #a$endra !rasad% in the Chair !#E&ENTATI'N '( C#EDENTIA)& AND &I*NIN* THE #E*I&TE# The followin+ Members ,resented their credentials and si+ned the #e+ister".% &hri H &iddaveera,,a "Mysore &tate%/ "0% Mr 1 A Mohammed "Travancore &tate%/ "2% &hri # &ankar "Travancore &tate%/ "3% &hri Amritlal 4ithaldas Thakkar 56nited &tate of 1athiawar "&aurashtra%7/ "8% &hri 1aluram 4irulkar 56nited &tate of *walior, Indore, Malwa "Madhya 9harat%7/ ":% &hri #adhavallabh 4i$ayavar+iya 56nited &tate of *walior, Indore Malwa "Madhya 9harat%7/ ";% &hri #am Chandra 6,adhyaya "6nited &tate of Matsya%/ "<% &hri #a$ 9ahadur "6nited &tate of Matsya%/ "=% Thakar 1rishna &in+h "#esiduary &tates%/ ".>% &hri 4 #amaiah "Madras &tate%/ "..% Dr ? & !armar "Himachal !radesh% TA1IN* @ THE !)ED*E The followin+ Member, took the ,led+e &hri &yamanandan &ahaya H'MA*E T' THE (ATHE# '( THE NATI'N Mr !resident- Honourable Members, before we take u, the items on the 'rder !a,er, I bid you to rise in your ,laces to ,ay our tribute of homa+e and reverence to the (ather of the Nation who breathed life into our dead flesh and bones, who lifted us out of darkness of des,ondency and des,air to the li+ht and sunshine of ho,e and achievement and who led us from slavery to freedom May his s,irit

continue to +uide us May his life and teachin+ be the torchli+ht to take us further on to our +oal "All the Members stood u, in silence % C'ND')ENCE 'N THE DEATH& '( A6AID@E@ABAM M'HAMMED A)I CINNAH, &H#I D ! 1HAITAN AND &H#I D & *6#6N* Mr !resident- I ask you, Members, to stand in your ,laces to ,ay our tribute of res,ect to Auaid@e@ADamMohammed Ali Cinnah, who by his +rim determination and steadfast devotion was able to carve out and found !akistan and whose ,assin+ away at this moment is an irre,arable loss to all Ee send our heartfelt sym,athies to our brethren across the frontier "The Members stood u, in silence % Mr !resident- Two Members have died since the Constituent Assembly met in its constitution @ makin+ function They are &hri Debi !rasad 1haitan and &hri Damber&in+h *urun+ from Dar$eelin+ They re,resented their constituencies very faithfully and were of considerable hel, in our deliberations I ask you to rise in your ,laces to show our res,ect to their memory "The Members stood u, in silence % AMENDMENT& T' C'N&TIT6ENT A&&EM9)? #6)E& 8@A F 8@9 Mr !resident- Ee shall now ,roceed to take u, the items on the 'rder !a,er The first item is a motion by Mr *ovinda Menon and also by &hrimati Dur+abai, of which notice has been +iven I would ask &hrimati Dur+abai to move it &hrimati * Dur+abai "Madras - *eneral%- &ir, I be+ to moveThat the ,rovisions mentioned in the Constituent Assembly Notification No CAG32G&erG3<@I, dated the 0nd Au+ust .=3<, be made ,art of the Constituent Assembly #ules,as shown in the amendments below, with effect from the 0nd Au+ust, .=3<- @ "i% #ules 8@A and 8@9 @ (or #ules 8@A and 8@9 substitute the followin+ #ule- @ H8@A Ehen a vacancy occurs by reason of death, resi+nation or otherwise in the office of a member of the Assembly re,resentin+ an Indian &tate or more than one Indian &tate s,ecified in column . of the AnneIure to the &chedule to these rules, the !resident shall notify the vacancy and make a reJuest in writin+ to the authority s,ecified in the corres,ondin+ entry in column 2 of that AnneIure to

,roceed to fill the vacancy as soon as may reasonably be ,racticable by election or by nomination, as the case may be, in the case of the &tates s,ecified in !art I of the said AnneIure, and by election in the case of the &tates s,ecified in !art II of that AnneIure!rovided that in the case of the &tates s,ecified in !art I of the said AnneIure, where the seat was filled ,reviously by nomination, the vacancy may be filled by election!rovided further that in makin+ a reJuest to fill a vacancy by election under this rule the !resident may also reJuest that the election be com,leted within such time as may be s,ecified by him H "ii% In #ule 8. @ (or clause "b% of #ule 8. substitute the followin+ clauseH"b% K#eturned candidateK means a candidate whose name has been ,ublished in the a,,ro,riate 'fficial *aDette as a duly elected member of the Assembly and includes a candidate whose name has been re,orted to the !resident in the manner ,rovided in ,ara+ra,h 8 of the &chedule to these rules as a duly chosen re,resentative of any Indian &tates or &tates s,ecified in column . of the AnneIure to that &chedule H "iii% In the &chedule @ (or ,ara+ra,hs 2, 3, 8 and :, substitute the followin+ ,ara+ra,hsH2 ".% Ehen the re,resentation allotted to the &tates, individual or +rou,ed in the Assembly, or the +rou,in+ of the &tates for the ,ur,ose of such re,resentation is altered by an order made under ,ara+ra,h 0, or by an amendment of the AnneIure to this &chedule, the !resident may, by order @ "a% re@assi+n members re,resentin+ a &tate or &tates to such &tate or &tates as may be s,ecified in the order/ "b% declare the seat or seats of any member or members of the Assembly re,resentin+ any &tate or &tates affected by an order under ,ara+ra,h 0 or an amendment of the AnneIure to this &chedule, as the case may be, to be vacant "0% Any member who has been re@assi+ned to a &tate or &tates by an order made under clause "a% of sub@ ,ara+ra,h ".% and whose seat has not been declared vacant under clause "b% of that sub@,ara+ra,h shall as from the date of the order be deemed to be a duly chosen re,resentative of such &tate or &tates "2% A member whose seat is declared vacant by an order made under clause "b% of sub@,ara+ra,h ".% shall, if it is so s,ecified in the order, continue to hold office as

member of the Assembly until his successor has been duly elected and has taken his seat in the Assembly H3 ".% Not less than fifty ,er cent of the total re,resentatives of the &tates s,ecified in column . of !art I of the AnneIure to this &chedule in the Assembly shall be elected by the elected members of the le+islatures of the &tates concerned, or where such le+islatures do not eIist, by the members of electoral colle+es constituted in accordance with the ,rovisions made in this behalf by the authorities s,ecified in the corres,ondin+ entries in column 2 of that !art "0% All vacancies in the seats in the Assembly allotted to the &tates s,ecified in column . of !art II of the AnneIure to this &chedule shall be filled by election and the re,resentatives of such &tates to be chosen to fill such seats shall be elected by the elected members of the le+islatures of the &tates concerned, or where such le+islatures do not eIist, by the members of electoral colle+es constituted in accordance with the ,rovisions made in this behalf by the authorities s,ecified in the corres,ondin+ entries in column 2 of that !art 8 'n the com,letion of the election or nomination, as the case may be, of the re,resentative or re,resentatives or any &tate or &tates s,ecified in column . of the AnneIure to this &chedule in the Constituent Assembly, the authority mentioned in the corres,ondin+ entry in column 2 of that AnneIure shall make a notification under his si+nature and the seal of his office statin+ the name or names of the ,erson or ,ersons so elected or nominated and cause it to be communicated to the !resident of the Assembly H &ir, before I commend my motion to the House for its acce,tance, I wish to say a few words of eI,lanation as to why and how these amendments to the rules have become necessary &ir, #ules 8@A and 8@9 of the Constituent Assembly #ules lay down the ,rocedure for fillin+ a casual vacancy in the office of a member re,resentin+ an Indian &tate or more than one Indian &tate and the &chedule to the #ules ,rescribes the allocation of seats in the various &tates or +rou,s of &tates and the manner of choosin+ the &tates re,resentatives and also the method of a,,ointin+ conveners for ,ur,oses of conductin+ election These #ules 8@A and 8@9were based on conclusions reached by the two Ne+otiatin+ Committees set u, by the Chamber of !rinces and also by The ConstituEnt Assembly &ir, since then, as it is common knowled+e, many chan+es of a far@reachin+ character have taken ,lace and these chan+es have taken ,lace both in the constitutional as well as in the administrative set u, of these states (or eIam,le, certain &tates have formed themselves into 6nions and certain others have mer+ed

into nei+hbourin+ ,rovinces and still certain others have been constituted into Centrally Administered Areas &ir, these chan+es in their turn affected radically in the case of some the eIistin+ scheme of re,resentation in the Constituent Assembly ConseJuently, it became necessary to re@+rou, these several &tates and to re@allocate seats amon+ them and also chan+e the conveners for the ,ur,ose of conductin+ elections and also make necessary chan+es in the rules of the Constituent Assembly All these matters were considered at a meetin+ of the Honourable the !resident and of the Honourable the Minister of &tates and also the #a$,ramukhs and the !remiers of the 6nion and the &tates concerned and also the !remiers of various ,rovinces affected by these chan+es and also of the officials of the &ecretariat of the Constituent Assembly and of the &tates Ministry/ and the decisions reached at that Conference are now embodied in these ,rovisions which are now sou+ht to be incor,orated in the Constituent Assembly #ules Now, &ir, the most im,ortant feature of these chan+es in the ,rovisions is that in the case of newly formed +rou, or 6nion of the &tates @ Cutch andCuna+adh, which have been +iven se,arate re,resentation in the Assembly @ all the vacancies in the seats are to be filled by election by the elected members of the )e+islatures of the &tates or where such le+islatures do not eIist, by any other Electoral Colle+e which is set u, for that ,ur,ose 6nder the old #ules some of them could be filled by nomination &ir, as you have already noted the various chan+es, I do not think that I need elaborate these ,oints I commend my motion to the House for its acce,tance &ir, I move Mr !resident- I have received notice of certain amendments to this motion Mr 1amath &hri H 4 1amath- "C ! F 9erar- *eneral%- Mr !resident, &ir, I moveHThat in sub@,ara, ".% of the ,ro,osed ,ara+ra,h 2 of the &chedule, for the words Lto the &tates, individual or +rou,ed in the AssemblyK the words Lin the Assembly to the &tates, individual or +rou,edK be substituted H That is to say, if the amendment is acce,ted, it will read thus- Now it reads, HEhen the re,resentation allotted to the &tates, individual or +rou,ed in the AssemblyH In the ,lace of this, it will read, HEhen the re,resentation allotted in the Assembly to the &tates, individual or +rou,ed H I do not think I need s,eak much on this amendment It is self evident and the meanin+ that is sou+ht to be conveyed by the ,ara+ra,h is as re,resented in my amendment Certainly, the &tates individual or +rou,ed as they are, is not for Assembly ,ur,oses Therefore, it should be Hre,resentation allotted in the Assembly to the &tates, individual or +rou,ed H This is the first amendment

&ir, the second amendment runs thusHThat in sub@,ara "2% of the ,ro,osed ,ara+ra,h 2 of the &chedule, for the words is declared vacantK the words has been declared vacantK be substituted H This is ,urely, if I may say so, a lin+uistic amendment I think it refers to the state of affairs arisin+ after a seat has been declared vacant The wordin+ Hwhen a seat has been declared vacantH is more correct and more accurate I therefore commend these amendments of mine for the acce,tance of the House &ir, I wish to s,eak on the motion May I s,eakM Mr !resident- ?es &hri H 4 1amath- &ir, I seek some clarification on certain ,oints that have arisen from the motion moved by my honourable friend &hrimati Dur+abai &ir, the ,otential stren+th of this Assembly is 203 I am +iven to understand that the actual stren+th today is 2>2 Twenty one members who are to re,resent Hyderabad, 1ashmir and 9ho,al are not ,resent with us Even as re+ards the remainin+ 2>2, the ,a,ers yesterday brou+ht us the news that the !atiala andEast !un$ab &tates 6nion have not elected their re,resentatives to this Assembly I do not know why these &tates or 6nion of &tates or +rou,s of &tates should continue to be unre,resented in this last and most im,ortant session of the Constituent Assembly As re+ards Hyderabad which now forms one of the &tates s,ecified in !art I of the AnneIure, it takes to, rank amon+ the &tates I do not see why we should not call u,on the #uler of Hyderabad or to elect and nominate as the case may be in accordance with the ,rovisions of this resolution, and send re,resentatives to take their ,lace in this &ession as early as ,ossible In view of the recent events that have taken ,lace, a ha,,y denouement @ I ho,e the House is in a+reement with me that we have had a ha,,y termination of the Hyderabad e,isode @ we wish to welcome our friends, our collea+ues from Hyderabad as soon as ,ossible in this Assembly As re+ards 9ho,al, I do not know what difficulties stand in the way, what stumblin+ block there is in the way, what obstacle has to be surmounted, so far as the ,artici,ation of 9ho,al in this Assembly is concerned I would ,lead with you and I would reJuest that the 9ho,al authorities should also be called u,on at once to send their members to this Assembly with the least ,ossible delay Then, &ir, the re,ort which a,,eared in the ,ress yesterday as re+ards !atiala and East !un$ab &tates 6nion was not very clear It alle+ed all sorts of thin+s a+ainst the administration and a+ainst the #uler/ but, whatever it may be, I think it is hi+h time that this 6nion of !atiala and East !un$ab &tates should be called u,on to send their re,resentatives to this last session of the Constituent Assembly

There is another ,oint which I would like to draw your attention to In the #ules that have been framed by us durin+ the ,revious sessions Ee have stated@I refer to #ule8 sub@rule "0%@H6,on the occurrence of a vacancy, the !resident shall ordinarily make a reJuest in writin+ to the &,eaker of the !rovincial )e+islative Assembly concerned, or as the case may be, to the !resident of the Coor+ )e+islative Council, for the election of a ,erson, for the ,ur,ose of fillin+ the vacancy as soon as may reasonably be ,racticable H Here, now that in some of the &tates mentioned in !art I of the AnneIure@I am sorry I cannot say off hand which &tates have +ot elected le+islature functionin+@take for instance, Mysore/ it is a bi+ &tate and it has already sent its re,resentatives to this Assembly@so far as such &tates are concerned, I see no reason why in future, instead of the #uler, the &,eaker or !resident of the Assembly should not be reJuested to fill the vacancies that may arise It may be ar+ued a+ainst this that the #ule as it stands, 8@A ,rovides for the #uler bein+ the authority in this case 9ut, as we are amendin+ the #ules, why not amend certain ,rovisions of these #ules so as to make them more in conformity with democratic ,ractice and democratic traditionsM Therefore, I would ask my honourable friend &hrimati Dur+a 9ai to eI,lain why, in the case of those states where we have +ot Assemblies functionin+, the &,eaker or the !resident should not be the authority instead of the #uler 'n this ,oint, I would ask some more li+ht from the mover of the motion &ir, before I resume my seat, I commend my two amendments to this motion for the acce,tance of the House Thank you, &ir Mr !resident- Mr &idhwa &hri # 1 &idhwa "C ! F 9erar- *eneral%- Mr !resident, &ir, my amendment was @ HThat in sub@,ara ".% of the ,ro,osed ,ara+ra,h 3 of the &chedule, delete the words LNot less than fifty ,ercentK of and for the words Lthe total re,resentativesK the words LThe total number of re,resentativesK be substituted H The ob$ect of my amendment was that while we have done away with the nomination system in our Constitution, it would not be fair to allow the &tates, ,articularly the #ulers to nominate the 8> ,er cent I therefore, with that ob$ect in view and $ust in conformity with our decision for abolishin+ the nominations, su++ested the abolishment of this also I however understand that an arran+ement has been arrived at between the #ulers and the ,eo,le of the &tate and the &tates ,eo,le have a+reed to this arran+ement bein+ continued and I am also told that althou+h this is there,the re,resentatives are all elected by the ,eo,le themselves If that is so as I understand it is so, I do not ,ro,ose to move this amendment

Mr !resident- Do you move the amendment or notM &hri # 1 &idhwa- I do not move it, &ir Mr !resident- All the amendments of which I have notice, so far as this motion is concerned, have been moved I have received a com,laint from one Member that the a+enda and amendments have been circulated here and he did not +et them before and so he has not been able to +ive notice of amendments and he wants that the discussion be ad$ourned I understand from the &ecretariat that the a+enda and other ,a,ers were circulated some days a+o but they were sent to the addresses that were then known to the office and it is ,ossible that the Members durin+ the course of transit have not been able to +et the ,a,ers that were sent to them and by way of caution a second co,y has been su,,lied here today It is not as if the a+enda and the ,a,ers have not been circulated 'nly the second co,ies have been +iven today I do not think there is any +round for ad$ournin+ the discussion of this motion ,articularly because after all it is more or less a motion of a formal nature, because we have already acted u,on these #ules and they are not likely to be acted u,on in the future when this session of the Assembly is over Shr% Moha&'a' (auta "6nited !rovinces- *eneral%- N5 I have no ob$ection in com,lyin+ with your order 9ut I submit that the information su,,lied to you by the office is incorrect Many of the Members have not received co,ies of the a+enda Not I alone but two or three of my collea+ues also who are ,resent here have not received it I am in +reater difficulty as my tele,hone has also been disconnected even thou+h they had already taken from me the subscri,tion for the whole year Twice I have referred this matter to the De,uty Minister for Communications but tele,hone connection has not yet been restored Ehen I came here I tele,honed from another ,lace to the De,uty &ecretary, Constituent Assembly, and informed him that no co,y of the a+enda had been received by me and the tele,hone connection also had not been restored This is the situation of the Members and I would like to make my ,rotest a+ainst it Had it been so with me alone, you could have ado,tedthis course 9ut there are many Members ,resent here whoo have not received the a+enda The De,uty Minister &hri 1hurshed )al is also one of them He also denies havin+ received a co,y of the a+enda I donOt know how it was circulated but even he com,lains of not havin+ received it Twice I com,lained to him that my tele,hone connection had not been restored even thou+h the subscri,tion money had been realised by them for the whole year ?ou have reduced us Members to this miserable ,li+ht As for the a+enda, I am not the only Member to com,lain about it Many Members have not received it There are im,ortant items on the a+enda and as a ,rotest I demand the ,ost,onement of its consideration 7 Mr) *res%de&t+ N5Co,ies of the a+enda were sent to the Members by the office Ehether it did reach the Members or not is a matter for &hri 1hurshed )al to answer It is also his res,onsibility to see whether tele,hone connections have been

,rovided or not I do not think that there is any im,ortant reason to ad$ourn the House If any Member wants to s,eak on this matter he may do so 7 Mr) ,ussa%& I a "9ihar - Muslim%- N5 I would lilke to su++est that you are em,owered to admit the amendments which are, even now, received from Honourable Menbers That would leave no room for +rumblin+ 7 Mr) *res%de&t+ N5 As I have not received any amendment as yet, the Juestion does not arise 7 Shr% Shya a&a&da& Sahaya "9ihar - *eneral%- N5 Mr !resident, I reJuest that these amendments which have been moved should be considered if they need consideration 9ut first of all a chance should be +iven to the moverP7 Mr) *res%de&t- N5 Had I received any amendment I would have allowed it to be moved in the House 9ut no amendment has been received Now, you want that this discussion should be ,ost,oned so that there mi+ht be an o,,ortunity to move an amendment 9ut as yet I have no amnedment before me 7 Shr% Shya a&a&da& Sahaya+ N5 Mr !resident, in this connection, it is submitted that your orders are bindin+ on all If the co,y of the a+enda is lost in transit the ,ur,ose of sendin+ it@@, and it is that the Members may +o throu+h it and may form their o,inionQis defeated ConseJuently if it could not reach the Member or if there is any delay or error in its des,atch from the Assembly office, and thereby if any Member did not receive the a+enda, then in my o,inion it reJuires consideration whether the resolution may be taken u, for consideration on that day or not I want to draw your attention to this fact 7 Mr) *res%de&t+ N5I do not think it necessary at this sta+e, for such Juestions are not before us as reJuire ,rolon+ed discussions and ,ost,onement of the debate to some other day and sto,,a+e of our ,roceedin+s today 7 Dr) *)S)Desh u-h "C ! F 9erar - *eneral%- Mr !resident, &ir, I do not have to make the com,laint that some of the honourable members of this House have made, althou+h I must say that I did not +et the a+enda before yesterday, and that is the reason why it was not ,ossible for me@@my ssssteno+ra,her not havin+ arrived@@ to send in my amendment to the various #ules It is Juite clear that the #ules are ,retty len+thy and therefore the amendments are also likely to be of a similar nature I ho,e therefore that you will kindly ,ardon my not havin+ sent in my amnedments and the few amendments that I ,ro,ose would be considered by the Honourable Mover of the Motion The first amnedment I would su++est is@@ HIn the first ,art of #ule 8@A instead of Kan Indian &tate or more than one Indian &tateK substitute the words Kone or more Indian &tatesK H I ,ersonally think it is better En+lish in that way My second amnedment is@@ HInstead of the words Kmake a rreJuestK the word KdirectK be substituted H

It should be ,ossible for you &ir, to direct the authorities s,ecified in the corres,ondin+ entry in column 2 of the AnneIure I do not think it is in consonance with the di+nity of the office you hold or the ,osition of this Constituent Assembly that it should be necessary to reJuest a ,etty &tate or the Authority eIistin+ therein to hold the elections Ee, as Members of the Constituent Assembly are summoned by you I would therefore su++est the ado,tion of the above amendment &imilar words are used in the second ,roviso There also the word RreJuestO has been used Thatalso should be chan+ed to RdirectO There is also one more amendment I would su++est so far as the second ,roviso is concerned I su++est that@ HThe ,roviso as it stands be substituted by the followin+, viD R!rovided further that in directin+ to ,roceed to fill a vacancy by election under this #ule the !resident may also direct that the election be com,leted by a certain dateO H The chan+e is to re,lace the words Hmakin+ a reJuest to fillH by the words Hdirectin+ to ,roceed to fillH The word HreJuestH is chan+ed into HdirectH, and the concludin+ words@Rwithin such time as may be s,ecified by himO@are ,ro,osed to be chan+ed by the words Hby a certain dateH The wordin+ in ,ara+ra,h "2% on ,a+e two may read better if it were ,ut as follows- HEhen the re,resentation allotted to any &tates, $ointly or individually, in the Assembly or the +rou,in+ of the &tates for the ,ur,ose of such re,resentation is altered by an order made under ,ara+ra,h 0, or by an amendment of the AnneIure to this &chedule, the !resident may by order@@PH The alteration would be to chan+e the word HtheH into HanyH, and to omit the words Hindividual or +rou,ed in the AssemblyH, by merely sayin+ H$ointly or individuallyH This amendment of mine is very similar to the one moved by Mr 1amath I think he was somewhat hesitant in su++estin+ a wholesale alteration of the clause That is why the su++estion he has made, althou+h he has the same intention, does not eI,ress it so correctly as the su++estion made by me , and if ,ossible to acce,t them Shr% B%s.a&ath Das "'rissa - *eneral%- &ir, I have $ust +iven notice of an amendment 9efore movin+ it I would like to eI,lain the ,osition as it is today In ,art I to the AnneIure, Mayurbhan$ &tate has been mentioned with one re,resentatives and the #eturnin+ 'fficer is the #uler of Mayurbhan$ 9ut it has been decided by the &tates ministry that the &tate of Mayurbhan$ can not stand sin+ly by itself and it has been a+reed that it shall mer+e into the ,rovince of 'rissa, alon+ with the twenty@threeother &tates that have already mer+ed Mr) *res%de&t+Has the Mayurbhan$ &tate already mer+ed or is it a ,ro,osalM Shr% B%s.a&ath Das- I believe they have si+ned a certain a+reement and they are

+oin+ to hand over the &tate to the *overnment of India and that an Administrator has been already a,,ointed and that he is +oin+ to take char+e of the &tate 6nder these circumstances, I believe there is no $ustification for treatin+ Mayurbhan$ &tate as a se,arate identity, and a+ain to reco+niDe the #uler of Mayurbhan$ &tate as the #etunin+ 'fficer I do not know, and I can not say whether the *overnment of India have actually intimated to the *overnment of 'rissa that Mayurbhan$ &tate is to mer+e in 'rissa 9ut this much I can assure you, and throu+h you the Honourable Members of the Constituent Assembly that this is eI,ressed view of the *overnment of India that it shall be mer+ed into the ,rovince of 'rissa Therefore, there is absolutely no ,ur,ose in brin+in+ in somethin+ which will undo what has been already done and decided by the &tates Ministry with the full concurrence of the &tate of Mayubhan$, the ,eo,le and also the ,rovince of 'rissa

Therefore, &ir, I be+ to move an amendment, which is "I have +iven notice of it $ust now %- H'mit Mayurbhan$ with its re,resentation of one and the #uler of Mayurbhan$ as the #eturnin+ 'fficer from !art . of the AnneIure H I further move- HThat the &tate of Mayurbhan$ be added to the 'rissa &tates in !art II of the saidAnneIure, substitutin+ 03 for 02 and also under the column of re,resentation substitutin+ 8 for 3, includin+ . from the &ate of Mayurbhan$, and the *overnor of 'rissa to continue as the #eturnin+ 'fficer H This is the com,lete amendment that I ,lace before the Honourable Members of the Constituent Assembly and think that it is necessity If you ,ro,ose to +ive se,arate re,resentation and a se,arate identity to Mayurbhan$, that means you ,ro,ose to ,er,etuate the inde,endent eIistence of smaller &tates, a ,olicy which has been refuted and not acce,ted by the &tates Ministry and the *overnment of India Therefore, my amendment is $ust to +ive effect to the very idea which has been acce,ted, adumbrated and followed in ,rinci,le and in ,ractice by the &tates Ministry and the *overnment of India Mr) *res%de&t- I may ,oint out to Members that as the &tates are concerned, the

Juestion has been in a state of fluI There have been so many chan+es +oin+ on from day to day that it has been difficult to kee, ,ace with them The ,ro,osal is based u,on the recommendation of the &tates Ministry, and the ,ro,osal was reached at a conferenceat which not only the !rime Ministers of all the ,rovinces concerned but also of the &ates concerned and #a$,ramukhs were ,resent, and there were re,resentatives of the &tates Ministry as also of the Constituent Assembly, and these ,ro,osals are in conformity with recommendations of that Conference If there has been any chan+e since then, we have no notice of that chan+e 9esides, there will be no difficulty in alterin+ any of the rules subseJuently if a chan+e has taken ,lace &o I would su++est to &hri 9iswanath Das that he need not a,,rehend that there is any Juestion of ,er,etuatin+ smaller &tates At the moment we are ,roceedin+ u,on facts that we know and we are reco+niDin+ those facts takes ,lace, and we are informed of that chan+e, we shall chan+e the rules accordin+ly &o I would su++est to him not to ,ress his amendment at this sta+e Ee can take u, the matter as soon as the &tates Ministry is in a ,osition to tell us that this ou+ht to be chan+ed
Shr% B%s.a&ath Das+ An officer of the &tates Ministry is here These are the salient

facts I do not dis,ute the facts that I have ,laced before him
Mr) *res%de&t+I do not dis,ute his facts I only say that I have received no

intimation from the &tates Ministry to that effect and therefore we are ,roceedin+ u,on what we have from the &tates Ministry As soon as we have information, there will be no difficulty in chan+in+ the rules That can be done at any sittin+
Shr% B%s.a&ath Das- ?ou are +oin+ to take char+e of the &tate The news,a,ers

,ublished that the Constituent Assembly has +iven se,arate re,resentation to the &tate I assure you that there will be tremendous trouble to be faced not by me or the ,eo,le of 'rissa but by the very administrator that is +oin+ to be a,,ointed by the *overnment of India 6nder these circumstances I a,,eal to you, knowin+ as you do the difficulties of the situation and as a ,erson havin+ an intimateknowled+e of the areas and the ,eo,le concerned, not to tread on

dan+erous +round I do not want to ,ress my amendment I have only brou+ht this matter to your notice as also to the notice of the Constituent Assembly
Mr) *res%de&t- I think the news,a,ers will not only ,ublish the fact that

Mayurbhan$ has been +iven se,arate re,resentation but also the statements which I Have made and you have made Alon+ with these statements the information itself will haveno effect of the kind that you a,,rehend and I would therefore su++est to the honourable Member not to ,ress his amendment
Shr% /a Saha% 56nited &tates of *walior, Indore, Malwa "Madhya 9harat%7-

N5 Mr !resident, I would like to know if an amendment which is contrary to the ,rinci,les acce,ted by the Ne+otiatin+ Committee can be moved to the amendment now before us (or eIam,le, 8> ,er cent Is fiIed in it Is it ,ossible to move an amendment that instead of 8> ,er cent All the members should be elected or that they should be nominated by the #a$ !ramukhs or that the members must be elected on the basis of the electoral rolls that had been ,re,ared before in the &tatesM I would like to know whether an amendment can be moved which +oes beyond the ,rinci,lesacce,ted by the Ne+otiatin+ Committee
Mr) *res%de&t- I think we have to be very curious in dealin+ with the &tates Ee are

,roceedin+ on the basis of the a+reements entered into with the &tates and here we should not say or do anythin+ which may have the effect of +oin+ back u,on any a+reement which has been made with the &tates All these amendments are based u,on a+reements which have been made between the &tates Ministry and the &tates concerned The House will remember that ori+inally there was one set of a+reements but that has become out of date and therefore we have a second set of a+reements All these amendments are based u,on these a+reements and I would therefore su++est that nothin+ should be done to +o back u,on any of the a+reements that have been entered into I would ask Mr &idhwa not to ,ress his
amendmentP Severa' ,o&oura!'e Me !ers- He has not moved it Shr% S) Na0a11a "Madras- *eneral %- &ir, I be+ leave of the House to move the

amendment of which I have +iven notice $ust now I am in a+reement with the ori+inal motion but as re+ards the AnneIure!art I, third Column "viD Authority for the ,ur,ose of the choosin+ of re,resentatives in the Constituent Assembly% I ,ro,ose to move an amendment to the HwordH #uler of Hyderabad, Mysore, 1ashmir and so on I would like to say that the rulers today do not have the real rulin+ ,ower, as it has been transferred to the ,eo,le of the &tate, es,ecially since Au+ust .8th .=3; &o, &ir, I think the ruler of any &tate should not be made the authority for the ,ur,ose of choosin+ re,resentatives in the Constituent Assembly, as he has not +ot the authority to choose Ehat is the +ood of callin+ someone an authority who really has not +ot that authorityM To me it does not look to be in order I shall be thankful if the Honourable the Mover acce,ts my amendment- HThat for the word R#ulerO in column 2 of anneIure !art I the word R,eo,leO be
substituted H If you find that this is not in order then for instance, the &,eaker of any Assembly, which has been elected by the ,eo,le of that &tate, occu,ies a more im,ortant

,lace than that of the #uler No doubt the #uler is there as a nominal fi+urehead but the real ,erson who rules is either the ,rime Minister or the )e+islative Assembly, wherever there is one &o, &ir, I would reJuest that the Honourable the Mover would acce,t this sim,le amendment I have ,ro,osed a sim,le amendment and I need not eI,lain it further I ho,e the House will be +ood enou+h to acce,t it Mr) *res%de&t+ I mi+ht ,oint out that the Honourable memberOs amendment is

wholly misconceived It is not as if the #uler is +oin+ to nominate the re,resentatives The #ules have to be addressed for the ,ur,ose of +ettin+ the re,resentatives elected by the bodies who have the ri+ht to elect them The #uler does not come in in any other way
Shr% S) Na0a11a+That is eIactly my ,oint ?ou are addressin+ the #uler but the

#uler has not +ot any authority to elect Ehat is the +ood of askin+ a ,erson who does not ,ossess the ,owerM The actual ,ower is not with the #uler but with the ,eo,le of the &tate &o the re,resentatives should be elected by the ,eo,le of the &tate either the &,eaker of the Assembly wherever there is an Assembly functionin+ or the !rime Minister or the #a$ !ramukh who has been duly elected They will be the ,ro,er authority Even for the sake of form it should not be there
Mr) *res%de&t+I have ,ointed out the ,osition to the Honourable Member but if he

wants to ,ress his amendmentPP

Shr% S) Na0a11a+ There is no Juestion of ,ressin+ the amendment I have

understood , &ir, your ,oint ?ou have been kind enou+h to enli+hten me that the ruler is only a fi+urehead and is meant for the ,ur,ose of addressin+ someone 9ut what I say is, what is the +ood of addressin+ a #uler who has not +ot the authority and who has transferred his authority to the ,eo,le of the &tateM
Mr) *res%de&t+Every order of the *overnment of India also +oes in the name of the

*overnor@*eneral, althou+h it is the Ministers who ,ass the orders The ,osition is eIactly similar
Shr% S) Na0a11a+ &ir, I acce,t your advice and I leave it to you Shr% at% () Dur0a!a%- Mr !resident, I do not think I have much to say by way of

re,lyin+ to the ,oints raised by several Honourable Members of the House and I am thankful to you, &ir, that you had taken u,on yourself the task of eI,lainin+ some of the ,oints raised by the Honourable Members I would not refer to the ,oints raised by &hri 9iswanath Das and &hri Na+a,,a, because the Honourable !residenthas sufficiently dealt with those ,oints Eith re+ard to the amendment moved
by Dr ! & Deshmukh, I think the eIistin+ eI,ression, Rmake a reJuest in writin+O is more ha,,ily worded than that su++ested by him and is also very courteous, I do not think there is need for a chan+e His other amendment also I can not acce,t for the same reason Eith re+ard to the ,oint raised by Mr 1amath in his amendments, I may say that I a,,reciate it and have +reat ,leasure in acce,tin+ his amendments They are really verbal amendments and I acce,t them He has raised the Juestion of Hyderabad and 1ashmir in his connection I do not think it is for me to say anythin+ on the ,oints he has raised about those &tates/ but I feel that those ,oints are irrelevant to the motion I have moved here I commend my motion to the House for its acce,tance

Shr% ,)V)2a ath+ Mr !resident, I have not moved any amendment and therefore

the Juestion of irrelevancy does not arise, I only wanted to know whether Hyderabad, 9ho,al and 1ashmir would send their re,resentatives to the Assembly I only wanted some li+ht and clarification on the ,oint
Mr) *res%de&t+I shall ,ut the amendment to vote The amendment of Mr 1amath runs thus- HThat in sub-,ara ".% of the ,ro,osed ,ara+ra,h 2 of the &chedule, for the words Hto the &tates, individual or +rou,ed in the AssemblyH, the words Hin the Assembly to the &tates, individual or +rou,edH be substituted H This has been acce,ted by the Mover

The amendment was ado,ted

Mr) *res%de&t+The other amendment of Mr 1amath, viD , HThat in sub@,ara "2% of

the ,ro,osed ,ara+ra,h 2 of the &chedule, for the words Ris declared vacantO the words Rhas been declared vacantO be substitutedH is now for the vote of the House This has also been acce,ted by the Mover
The amendment was ado,ted Mr) *res%de&t+Then there are the amendments of Dr Deshmukh &o far as the

wordin+ of one of them at any rate is concerned, it has been already acce,ted when Mr 1amathOs amendment was acce,ted The other amendment is only a Juestion of taste whether we should make a direction or a reJuest As Dr Deshmukh has not withdrawn it, I shall ,ut it to vote The amendment is- HIn the ,lace of the word
RreJuestO the word RdirectO should be used H

The amendment was ne+atived

Mr) *res%de&t+I shall now ,ut the amendment of Dr Deshmukh to Clause 2"i% of the

&chedule to vote

The amendment was ne+atived

The amendment of Mr 9iswanath Das was, by leave of the Assembly withdrawn &hri & Na+a,,aOs amendment was, by leave of the Assembly withdrawn Mr) *res%de&t+The motion, as amended, is for the vote of the House

Shr% ,) V) 2a ath+ Eould you ,lease tell us whether Hyderabad and 1ashmir

would send their re,resentatives to this AssemblyM

Mr) *res%de&t+ I am not in a ,osition to +ive any information on that ,oint The

*overnment, if they liked, would have +iven you the information by now
The motion as amended, is for the vote of the House The motion, as amended, was ado,ted

Mr) *res%de&t+ &hrimati Dur+abai may now move her second motion

@@@@@@@@@@

AMENDMENT TO T,E ANNE3TU/E TO T,E SC,EDULE

Shr% ath% () Dur0a!a%+Mr !resident I be+ to move the followin+ motion - H That the ,rovisions mentioned in the Constituent Assembly Notification, No CAG32G&erG3<@II, dated the 2rd Au+ust.=3<, be made ,art of the Constituent Assembly #ules, as shown in the amendments below, with effect from2rd Au+ust .=3< H AnneIure to the &chedule@@@@ (or the AnneIure to the &chedule substitute the followin+ AnneIure -@

ANNE3U/E *art I

Name of &tate or &tates

Number of seats allotted

Authority for the ,ur,ose of the

in the Constituent re,resentatives Assembly Assembly in

choosin+ of the

the

Constituent

. Hyderabad #uler

0 .: of

2 Hyderabad

Mysore #uler of 1ashmir #uler of 9aroda #uler of Travancore #uler of Cochin #uler of Codh,ur #uler of Cai,ur #uler of 9ikaner #uler of 9ho,al #uler 1olha,ur #uler of Mayurbhan$ #uler &ikkim and Coochbehar #uler of Tri,ura Mani,ur 1hasi &tates #uler of #am,ur 9enares #uler of #am,urTotal3= *art II
Name of &tate the choosin+ of or &tates Constituent . '#I&&A&TATE& Ath+arh Athmalik 9amra 9aramba 9oudh 9onai Das,alla Dhenkanal *an+,ur Hindol Number of seats allotted in the Constituent Assembly 0

; Mysore 3 1ashmir 2 9aroda : Travancore . Cochin 0 Codh,ur 2 Cai,ur . 9ikaner . of 9ho,al . 1olha,ur . of Mayurbhan$ . Coochbehar . Tri,ura .

Authority for the ,ur,ose of re,resentatives in the Assembly 2

1alahandi "02% 1eon$har 1hand,ara Narsin+h,ur Naya+arh Nil+iri !al )ahara !atna #airakhol #am,ur &one,ur Talcher Ti+iria 3 *overnor of 'rissa CENT#A) !#'4INCE& AND 9E#A# &TATE& 9astar Chan+hbhakar Chhuikadan Cash,ur 1anker 1awardha ".8% 1haira+arh 1orea Nand+aon #ai+arh &akti &aran+arh &ur+u$a 6dai,ur Makrai 2 *overnor of Central !rovinces and 9erar MAD#A& &TATE& 9an+ana,alle !udu 1hotai 9'M9A? &TATE& #a$,i,la !alan,ur Cambay Dharam,ur 9alasinor 9aria Chhota 6da,ur &ant )unawada 9ansda &achin Cawahar Danta Can$ira &an+li &avantvadi Mudhol

*overnor of Madras

"28% 9hor Cankhandi Mira$ "&r % Mira$ "Cr % 1urundwad "&r % 1urundwad "Cr % Akalkot !haltan Cath Aundh 3 #amdru+ Idar #adhan,ur &irohi &avanur Eadi 4i$ayana+ar Cambu+hoda 0;.minnor states, "thanas, etc % HIMACHA) !#ADE&H9 ashahr &irmur Chamba Mandi &uket 9a+hal 9a+hat 9alsan 9ha$$i "0.% 9i$a Darkoti Dhami Cubbal 1eonthal 1umharsain 1unihar 1uthar Mahlo+ Man+al &an+ri Tharoach Himachal !raddesh 6nited &tate of1athiawar "&aurashtra% &tate 6nited &tate ofMatsya &tate 6nited &tate of#a$asthan &tate

*overnor of 9ombay

Chief Commissioner of

3 0 3

#a$,ramukh of the #a$,ramukh of the #a$,ramukh of the

6nited &tate of4indhya !radesh &tate 6nited &tate of*walior, Indore, Malwa "Madhya 9harat% &tate !atiala and East !un$ab &tates 6nion &tate Cautch of Cautch Cuna+adh Cuna+adh #E&ID6A#? &TATE& Caisalmer &andur Tehri@*arhwal 9ilas,ur 9IHA# &TATE&&eraikela 1harsavan EA&T !6NCA9 &TATE& )oharu !ataudi Du$ana be a,,ointed by the of India T'TA)

#a$,ramukh of the

#a$,ramukh of the

2 .

#a$,ramukh of the Chief Commissioner

Adminnistrator of

&uch authority as may

*overnment 3>

*#AND T'TA) '( !A#T& I AND II <= Shr% ,)V) 2a ath+ Mr !resident, the amendment I have +iven notice of is an eItremely sim,le one and a ,urely verbal one intended to add the definite article RtheO It readsHThat in ,art II of the ,ro,osed AnneIure to the &chedule, for the words R*overnor of Central !rovinces and 9erarO in the 2rd column under the headin+ RCentral !rovinces and 9erar &tatesO, the words R*overnor of the Central !rovinces and 9erarO be submitted H I would invite your attention and the attention of the House to the name by which my ,rovince is known in official documents and records In our Draft Constitution, of which we have all +ot co,ies in &chedule I, !art I, ,a+e .8= where the list of the various ,rovinces has been +iven, and you will find my ,rovince described as the Central !rovinces and 9erar

Mr) *res%de&t + I do not want you to adduce ar+uments in su,,ort of this

amendment
Shr% ,)V) 2a ath- I moved the amendment and commend it for the acce,tance of

the House
Mr) *res%de&t+Do you acce,t thatM Shr% at% () Dur0a!a%+ I acce,t that Mr) *res%de&t+ The amendment is that the word HtheH be added before the words HCentral !rovinces and 9erarH The amendment was ado,ted Mr) *res%de&t + The motion, as amended, is now ,ut to vote The motion, as amended, was ado,ted @@@@@@@@@ Add%t%o& o4 Ne. /u'e-5$-V @@@@@@@@@@@@@@@@@@@ Shr% at% () Dur0a!a%- &ir, I be+ to move that the followin+ to the Constituent Assembly #ules be taken into consideration- After rule 2<@6 insert the followin+@ H2<@ 4 Ehen a 9ill referred to in#ule 2<@A is ,assed by the Assembly, the !resident shall authenticate the same by affiIin+ his si+nature thereto Ehen the 9ill is so authenticated it shall become an Act and shall be ,ublished in the Gazette of India H &ir, before I commend my motion for the acce,tance of the House, I consider it my duty to offer a few words of eI,lanation as to why this amendment has become necessary &ir, I am sure that Honourable Members are aware that durin+ the last session of the Constituent Assembly when it met on the 0;th Canuary, certain amendments were ,ro,osed and acce,ted by this House to the rules of the Constituent Assembly, and one of those amendments was to introduce a new rule 2<@4 layin+ down the ,rocedure for ,assin+ of the 9ills referred to in #ule 2<@A &ir, that ,ro,osed rule 2<@4 raised a +ood deal of controversy and ob$ections were raised by some Honourable Members on the +round that a 9ill ,assed by the Constituent Assembly for amendin+ the Indian Inde,endence Act or the *overnment of India Act .=28 as ado,ted by that Act should not be sub$ect to the ascend of the *overnor@*eneral since such a ,rocedure mi+ht detract from the soverei+n character of the Assembly Another ob$ection was raised on the +round that, if that rule was ado,ted, the conseJuence would follow that the *overnor@*eneral mi+ht +ive or withhold his ascent even to a 9ill seekin+ to amend the eIistin+ constitution Another ob$ection was raised on the +round that there should not be any difference between the ,rocedure to be ado,ted for ,assin+ the draft Constitution and for ,assin+ a 9ill seekin+ to amend the eIistin+ Act These ob$ections were discussed and after ,rolon+ed discussion, the su++estion made by Mr 1amath to refer the ,ro,osed rule back to the Draft Committee for re@eIamination in the li+ht of the ob$ections raised, was acce,ted This su++estion was acce,ted by the House and the rule was referred back to the Draftin+ Committee The Draftin+ Committee has considered this rule and their fresh ,ro,osal is before the House &ir, this new rule dis,enses with the ascent of the *overnor@*eneral to any 9ill ,assed by the Constituent Assembly under #ule 2<@A The ori+inal rule reads thus- HEhen a 9illreferred to in #ule 2>@A is ,assed by the Assembly, a co,y thereof si+ned by the !resident shall be submitted to the *overnor@*eneral for his ascent Ehen the 9ill is ascented to by the *overnor@*eneral, it shall become an Act and shall be ,ublished in the Gazette of IndiaH I

think Members have understood the si+nificance of the chan+e ,ro,osed and that I need not elaborate this ,oint I commend my motion for the acce,tance of the House Mr) *res%de&t+ Mr 1amath has tabled an amendment to this to substitute the words

Hhas beenH for the word HisH

Shr% ,) V) 2a ath+ Mr !resident, &ir, I move-

CONSTITUENT ASSEMBLY OF INDIA - VOLUME VII Thursday, the 4th Nove !er "#4$ HThat in the ,ro,osed rule 2<@4 for the words Lwhen the9ill is so authenticatedK the words LEhen the 9ill has beenso authenticatedK be substituted H This amendment, &ir, is entirely similar to the onewhich has been acce,ted by the House with re+ard to anothermotion moved by my honourable (riend Mrs Dur+abai I thinkit will be ha,,ier and more in consonance with the rules ofidiom and usa+e to substitute the words Hhas beenH for theword HisH so that, if the amendment is acce,ted, the,ro,osed rule will readHEhen a 9ill referred to in rule 2<@A is ,assed by theAssembly, the !resident shall authenticate the same byaffiIin+ his si+nature thereto Ehen the 9ill has been soauthenticated, it shall become an Act H etc I commend this amendment for the acce,tance of theHouse Mr !resident- The motion has been moved and also an amendment to that If any Member wishes to s,eak on themotion, he may do so now &hrimati * Dur+abai- I acce,t the amendment Mr !resident- It seems there is nobody who wishes tos,eak on the motion The mover has acce,ted the amendment Ifirst ,ut the amendment to vote The amendment was ado,ted Mr !resident- The motion, as amended, is now ,ut tovote The motion, as amended, was ado,ted !#'*#AMME '( 96&INE&& Mr !resident- Ee will now +o on to the neIt item onthe a+enda but before doin+ so, I would like to eI,lain tothe House the ,rocedure which I ,ro,ose to follow in

dealin+with the Draft Constitution Members are aware that theDraft Constitution was ,re,ared by a Draftin+ Committeewhich was a,,ointed by this House and the Draft was ,lacedin the hands of Members nearly ei+ht months or more a+o Members were asked to send in any su++estions or amendmentswhich they wished to make and a lar+e number of su++estionsand amendments were received not only from Members but alsofrom the ,ublic and ,ublic bodies, ,rovincial +overnmentsand so forth The Draftin+ Committee has considered allthese su++estions and amendments and they have redraftedmany of the articles in the li+ht of the su++estions made byeither Members or the ,ublic &o we have now +ot not onlythe Draft as it was ori+inally ,re,ared, but also the re@draft of a number of the Articles which the Draftin+ Committee had ,re,ared in the li+ht of su++estions received These have been ,laced in the hands of Members Ehat I,ro,ose now to do is to take u, each Article after we, ofcourse, have ,assed this motion for consideration and Ishall take all these amendments of which notice has been+iven already as havin+ been +iven in time, so that Memberswho have already +iven notice of amendments need not re,eatthe notice after the motion for consideration has beenado,ted I will also +ive to Members two days more for+ivin+ notice of any further amendments which they wish to,ro,ose to the Articles And then, I ,ro,ose not to acce,tany other amendments, unless they are of such a nature thatit becomes necessary to acce,t them 'f course, there willbe amendments which may be conseJuential and those will haveto be acce,ted There may also be amendments which for otherreasons may be considered by the House to be of such anature that they should be considered/ I will not burkediscussion of those amendments/ I shall have them also 9utordinarily I would ask the Members to confine themselves tothe amendments of which we have already +ot notice and theyare, I believe, about a thousand in number In this way wemi+ht economies time without in any way affectin+ ourefficiency and without in any way ,uttin+ any check on freediscussion of all the Articles of the ,ro,osed draft Thisis what I ,ro,ose to do, of course, sub$ect to what theHouse lays down I think this is Juite reasonable in view of the fact that Members have had such a lon+ time to consider/and that they have considered in detail the draft isa,,arent from the fact that we have already +ot notice of about a thousand amendments, and if by any chance anyamendment has been overlooked and i fancy member feels itsconsideration to be necessary, we shall take it, butordinarily I will not take any further amendments afterthis Ehat I ,ro,ose is that we discuss the motion, whichDr Ambedkar will move, for two days, that is, today andtomorrow, when we sit both in the mornin+ and in theafternoon and we +ive &aturday and &unday for +ivin+ noticeof amendments to the members All the amendments of which wehave already received notice and of which we shall havereceived notice by 8 oKclock on &unday will be tabulated,,rinted and ,laced in the hands of Members by Monday, andthen we ,roceed with the discussion of the amendments fromTuesday That is the ,ro+ramme which I have outlined in mymind

There is another thin+ which I mi+ht tell Members There is a motion of which notice has been +iven and thereis also an amendment of which notice has been +iven thatthis House should ad$ourn discussion of the Consti@tution alto+ether and a new House on adult franchise and onnon@communal lines should be elected and that House shoulddeal with the Juestion of framin+ the Constitution I do notknow if the House will be ,re,ared to throw away all that wehave been doin+ durin+ the last two years, ,articularlybecause there is in the Draft an article which +ives asomewhat easy method of amendin+ the Constitution durin+ theearly years after it comes into force and if there is anylacuna or if there is anythin+ which needs amendment, thatcould easily be done under the ,rovision to which I have$ust made reference, and it is, therefore, not necessarythat we should hold u, the consideration of the entireConstitution until we have adult franchise The difficultywill be in the first ,lace to form the electorate underadult franchise/ we have no such law eIistin+ at ,resent Adult franchise we have contem,lated in this Draft Constitution and it will come into force when thisConstitution has been ,assed &o if you want to have adultfranchise and if you want to have another ConstituentAssembly for the ,ur,ose of draftin+ the amendments, weshall have to ,ass another law and I do not know which Housewill have the ri+ht to ,ass that law which will constitute aConstituent Assembly &o I think it would be best to ,roceedwith the draft which we have ,re,ared after much labour andto which so much care and attention has been +iven by theDraftin+ Committee and by the Members of this House This is the ,ro+ramme which I ,ro,ose to follow and ifthere is any other su++estion which any member wishes tomake, I shall be +lad to consider it There is only onethin+ more which I mi+ht mention and that is this I do notwish to curtail discussion I want to +ive to members thefullest o,,ortunity for considerin+ every article and everyas,ect of the Constitutional Juestion, because, after all,it is +oin+ to be our Constitution, but at the same time, Ido not like that we should s,end more time than isabsolutely necessary over it by re,eatin+ ar+uments whichhave already been once advanced by one Member or another orby +oin+ over the same +round (or that reason, we may notreconsider many of the decisions which have already beentaken Members know that we had lon+ discussions, and afterlon+ discussions we settled the ,rinci,les of theConstitution and the Draft, the bulk of it, is based u,onthose decisions which were taken after lon+ discussion bythis House I would not eI,ect that the Members wouldli+htly throw away those decisions and insist u,on areconsideration of those decisions There may be cases wherea reconsideration may be necessary 9ut ordinarily, we shall,roceed u,on the decisions which have already once beentaken and it is only where no decisions have yet been takenthat the House may have to take decisions for the firsttime Now there are certain Juestions on which no decisionshave been taken There were certain committees a,,ointed bythe House The re,orts of those Committees were notconsidered 9ut the Draftin+ Committee has taken care to,lace in the draft

alternative ,ro,osals, one set of,ro,osals re,resentin+ their own views where they differfrom those of those Committees and another set of ,ro,osalsembodyin+ the recommendations and the decisions of thoseCommittees &o when we come to those ,articular ,rovisions,the House may consider them on their merits, and afterconsiderin+ them on their merits may acce,t either theo,inion of the Draftin+ Committee or of the Committee TheHouse will have the draft ready, so that it will not have towait for ,re,arin+ a draft on these Juestions Ehen weconsider this whole matter from this ,oint of view, I think,after all, the sco,e for discussion +ets very much limited,because most of the amendments will be more or less of adraftin+ nature, because the decisions have already beentaken, and so far as the draftin+ is concerned, the Draftin+ Committee has already considered many of these su++estionsand amendments and it has acce,ted them &o, while there maybe discussion of ,rinci,le in re+ardto some Juestions which have not been decided, there is notmuch to discuss so far as ,rinci,les are concerned, becausewe have already discussed those ,rinci,les and we havearrived at certain conclusions Therefore, what I feel isthis, that if we ,roceeded in a business@like way, it shouldbe ,ossible for us to com,lete discussion of the wholeConstitution by the second anniversary of the day on whichwe started the work of this Constituent Assembly, that is,by the =th of December neIt If we succeed in doin+ that, after that we mi+ht have afew days ad$ournment, when all the amendments which havebeen acce,ted by the House will be considered by theDraftin+ Committee and ,ut in their ,ro,er ,laces, when allthe re@numberin+ and re@allocation of the Articles from oneCha,ter to another and so forth @ all that becomes necessary@@all that could be done within that interval of say ten orfifteen days Then, we mi+ht meet a second time when wecould finally acce,t the Constitution as it will haveemer+ed In this second discussion, under the #ules, weshall not +o into the merits of any Juestion/ we shall haveonly to see that the amendments as they were acce,ted by theHouse have been incor,orated in the final form in which thedraft is ,laced before the House This is the ,ro,osal which I ,lace before the House andI think this ou+ht to meet with the a,,roval of the membersof this House &eth *ovind Das "C ! F 9erar- *eneral%- N5Mr !resident, I would like to know whether after ado,tion of the article relatin+ to the national lan+ua+e, clauses whichmi+ht have been ,assed by then in En+lish would be ,lacedbefore this House for ado,tion in Hindi 7 Mr !resident- N5?es, of course, all the clauses wouldbe reconsidered in that lan+ua+e which may have been ado,tedas the national lan+ua+e There would be no discussion atthat time on the clauses as such The only ,oint forconsideration would be whether the clause has been correctlytranslated or not I, therefore, think

that our discussionsshould be based on the En+lish draft at ,resent, for allthose who have +iven thou+ht to the draft and those who have,re,ared it, have done so in that lan+ua+e only And whenclause relatin+ to the national lan+ua+e is finally ado,tedwe would ,ut u, the translation of the Constitution in thatlan+ua+e before you for ado,tion 7 !andit 9alkrishna &harma "6nited !rovinces- *eneral%-&ir, I wish to draw your attention to this very im,ortantJuestion which my honourable friend &eth *ovind Das hasraised before the House &hri Mahavir Tya+i "6nited !rovinces- *eneral%- N5Mr !resident, I would like to submit that before we ,roceed todiscuss fundamental Juestions, it a,,ears desirable that youshould decide what the ,rocedure would be for tablin+amendments &hall the old ,rocedure be followed or the onewhich you have stated nowM It is necessary so that we mayhave some idea of the order in which debate would ,roceed,and the time we would be allowed for sendin+ in amendments 7 Mr !resident- N59oth will be decided simultaneously 7 !andit 9alkrishna &harma- &ir, I fail to see where the,oint of order lies As a matter of fact, I only wanted todraw your attention to one thin+ 9efore you call u,on theHonourable Dr Ambedkar to move that the Draft Constitutionbe taken into consideration, I should like to draw yourattention to the Juestion which has been raised by my friend&eth *ovind Das After the motion which the Honourable Dr Ambedkar is to move has been carried, we shall certainlyconsider the Constitution clause by clause As you know,&ir, I am one of those who had +iven notice that theNational lan+ua+e of India be Hindi and the scri,t @@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@ N 57 Translation of Hindustani s,eech the Devna+ari scri,t Naturally, the Juestion will arisewhen we take into consideration one clause after the otherof our Constitution, as to which lan+ua+e will it be inwhich the Constitution shall be deemed to have been ,assed My su++estion, therefore, before you will be that when weconsider the clauses of the Constitution, after finishin+one Cha,ter of it, we must revert in Hindi and ,ass everyclause as has been amended by this House and as has beentranslated in that lan+ua+e by a &ub@Committee of thisHouse I would therefore reJuest you, &ir, that before youtake u, the consideration of the Constitution clause byclause, you may be ,leased to a,,oint a &ub@Committee ofthis House which will kee, itself in touch with the clausesand the amendments that the House wishes to make therein

andas they are ,assed, and that Committee should +et theseclauses translated and these clauses, after finishin+ oneCha,ter, may a+ain be brou+ht before the House in Hindi andit could be deemed to have been ,assed in Hindi also &othat, after some time, when we have ultimately done awaywith the En+lish lan+ua+e, the ori+inal must be consideredto have been ,assed in Hindi, and it should be the ultimateauthority, the authentic constitution If we do not ado,tany such course, I think we shall be +reatly handica,,ed atthe time when I think article == of the Constitution comesbefore us and we declare our lan+ua+e as Hindi and thescri,t the Devna+ari scri,t I think there is somedifficulty before my &outh Indian friends They can easilysay that Hthis Constitution at ,resent is in the En+lishlan+ua+e which we all understand, you call u,on us to ,assevery clause in Hindi, and we do not know the lan+ua+e H Ithink those of my &outh Indian friends who do not know Hindito such an eItent may rely on the better sense of theircollea+ues Here, in this House, there are friends who donot know En+lish and yet they rely u,on your +ood sense andthey do not raise the ob$ection that they do not know theEn+lish lan+ua+e and therefore this Constitution is not+ood &imilarly, they may try to accommodate us in thismatter Mr !resident- I think it will cut short discussion onthis ,oint if I eI,lain what I ,ro,ose to do in re+ard tothis matter There is a motion of which notice has been+iven that a Committee should be a,,ointed for the ,ur,oseof ,re,arin+ a translation and that translation should be,assed Article by Article by this House, and that should betreated as the ori+inal There is somethin+ to that effectof which notice has been +iven Ehat I ,ro,ose to do isthis Members are aware that we have +ot translations,re,ared- there is a translation in Hindi/ there is atranslation in 6rdu/ there is a translation in Hindustani/all these three translations of the Draft Constitution areready and I believe members have received co,ies of thesetranslations As soon as the Juestion is decided as to whatwill be our lan+ua+e, we shall set u, a Committee which willtake u, that ,articular translation which is ready and seeto it that it conforms literally to the ori+inal in En+lish Ehatever our sentiments may dictate, we have to reco+nisethe fact that most of those who have been concerned with thedraftin+ of the constitution can eI,ress themselves betterin En+lish than they can in Hindi/ it is not only a Juestionof eI,ressin+ in En+lish or Hindi, but the ideas have alsobeen taken from Constitutions of the Eest &o theeI,ressions which have been used have, many of them,histories of their own and we have taken them bodily fromthe ,hraseolo+y of Constitutions of the Eest in many ,laces Therefore it could not be hel,ed because of the limitationof those who were char+ed with draftin+ that the draft hadto be ,re,ared in En+lish I do not think we have lostanythin+ by that but when once a ,articular article isfinally ado,ted in this House in the En+lish lan+ua+e, weshall see to it that as correct and ,erfect a translation is,roduced as ,ossible and in the lan+ua+e which will beacce,ted by the Constituent Assembly as the lan+ua+e for ournational ,ur,oses &o I would ask the Members not to anti@ ci,ate the discussion which we shall have on the Juestion oflan+ua+e That will

come a little later but I ,romise thisthat as soon as that Juestion is settled, we shall have thetranslation revised or ,re,ared in that ,articular lan+ua+ewhich is acce,ted and we shall ,ut the translatedConstitution also before the House for acce,tance &eth *ovind Das- N5Mr !resident, you had made as,ecific commitment that when the constitution would be,laced before us, its ori+inal would be in our nationallan+ua+e I had also ,ut a Juestion to you at that time andin your re,ly also you did say that the ori+inal draft of the constitution to be ,laced before us by Dr Ambedkar isin En+lish As the constitution now ,laced before us is inEn+lish I would like to know when the constitutionori+inally drafted in our national lan+ua+e and about whichyou have +iven us an assurance will be brou+ht before us7 The Honourable &hri *hanshyam &in+h *u,ta "C ! F9erar- *eneral%- N5Mr !resident, I would like to inJuirewhether after the ado,tion of the article relatin+ to thenational lan+ua+e, each clause would be taken u, in theNational )an+ua+e for ado,tion $ust in the same manner asthe clauses in the En+lish Draft are taken u, for finalado,tion after these have been duly amended 7 Mr !resident- N5Every article will be taken u, 7 !andit 9alkrishna &harma- &ir, I only want to make thissu++estion that before takin+ u, the Constitution clause byclause will it not be better if you very +raciously ,ermitus to take u, the Juestion of national lan+ua+e and have adecision about it 9ecause if we first take u, the Juestionof the national lan+ua+e and decide it, then once for allthe hatchet is buried "Cheers% ?ou can have the discussionsof .> or .8 clauses in En+lish The Committee will be+ettin+ the translations ready the neIt day and the wholetranslation of that ,art will be before the House which willbe called u,on to take it into consideration and then itshall be deemed to have been ,assed by the House ThereforeI su++est you may be ,leased to ,ermit this House to take u,the Juestion of the national lan+ua+e first before takin+ u,the Constitution clause by clause The Juestion of nationallan+ua+e comes in somewhere in clause == of the Constitutionwhich may take lon+ This Juestion bristles with manydifficulties and some of us feel it to be fundamentallyembedded with our future There are other members who do notattach im,ortance to it Therefore I would reJuest you totake u, this Juestion first and +ive us an o,,ortunity todecide it and afterwards take the Constitution in En+lishclause by clause and then +ive us o,,ortunity to take themin Hindi as well Mr !resident- May I state that the very reason whichhe has adduced for takin+ u, the Juestion of lan+ua+e in thebe+innin+ has induced me to ,ut it off to a later sta+e Thereason which he has +iven is that there are differences ofo,inion, some ,eo,le holdin+ very stron+ly one view andothers holdin+ the other view eJually stron+ly I su++estthat it is much better to discuss at any rate thefundamentals of the Constitution in a calm atmos,here beforeour tem,ers have +ot frayed I

therefore su++est that weshould +o on with the Constitution and discuss each item andwhen we have done that much, @ it will not in any way,re$udice the Juestion of lan+ua+e @ the lan+ua+e Juestionwill be decided on its merits by the House and when thatdecision has been taken, every article will be ,assedultimately in that lan+ua+e also Therefore nothin+ is lost 'nly, we do not lost tem,er to be+in with @@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@ N 57 Translation of Hindustani s,eech &hri # 4 Dhulekar "6nited !rovinces- *eneral%- N5Mr !resident, &ir, the ,ro,osal that I want to ,lace before youis this 'n the first occasion when I delivered my s,eech inHindi in this House, I had moved an amendment to the effectthat the constitution should be framed in our nationallan+ua+e and that the En+lish version should be treated asits translation Therefore I want to submit that when thediscussion on the En+lish version of the Constitution isover and it has been fully ,assed and when with your,ermission a decision has also been reached in re+ard to thenational lan+ua+e, I shall ,lace the ,ro,osal before youthat the constitution in the national lan+ua+e should beconsidered as the ori+inal one It will be insultin+ for usto ado,t the translation of the En+lish version No nationhas so far done so I admit that the Members would s,eak in En+lish in thisdebate I shall also s,eak in En+lish and in fact want to doso but later I shall s,eak in Hindi I wish to inform youthat I want to ,lace before you a motion when thisdiscussion is over It will be to the effect that theEn+lish version of the Constitution will be considered thetranslation of the constitution in the national lan+ua+e andthe latter will be taken to be the ori+inal one The En+lishversion will be styled as translation I reJuest that I maybe told as to when I may table that motion before you 7 Mr !resident- N5This Assembly is entitled to saywhether the constitution will be ,assed in Hindi or 6rdu andthat version will be taken to be the ori+inal one The otherversions will be considered as its translations ?ou havethe ,ower to do so 7 &hri &uresh Chandra Ma$umdar "Eest 9en+al- *eneral%-&ir, your orders came re+ardin+ the translations Com,letetranslations have been made in certain lan+ua+es and I haveno Juarrel with that but in the ,rocess of Constitutionmakin+ it is im,erative that the ,eo,le of our country @ whatever may be their s,oken lan+ua+e @ they shouldunderstand it &o in your scheme of translation if you willkindly include, in addition to Hindi and 6rdu, other ma$orlan+ua+es of India, it would be very convenient for everyoneto understand and thereby, whatever may be the #ashtrabhashaafterwards, it will not be said that the ,roceedin+s werecarried on in a lan+ua+e or lan+ua+es which were notintelli+ible to all ,arts of the country This is mysu++estion I have no disres,ect for Hindi nor have I anyattachment to

En+lish but as the Constitution is a veryim,ortant thin+ I think it should be made intelli+ible toall the ,eo,le of the country &o my ,rayer is you mi+htkindly include in your scheme of translation at least thema$or lan+ua+es of India and I donKt think it will bedifficult for you to arran+e that !andit Hirday Nath 1unDru "6nited !rovinces- *eneral%-Mr !resident, you have made an announcement re+ardin+ the,rocedure you ,ro,ose to follow in connection with the 9illbefore us, that will have a very im,ortant bearin+ on thediscussions that will take ,lace shortly ?ou have drawn ourattention to two ,oints The first ,oint is that as the ,rinci,les underlyin+this 9ill were acce,ted by the Assembly a few months back,no amendment should be brou+ht forward which would Juestionany of these ,rinci,les or would seek to make any alterationin them &ir, this is a matter Mr !resident- I Jualified that by HordinarilyH !andit Hirday Nath 1unDru- It all de,ends on how theChair will inter,ret this word 9ut I remember that when thediscussions on the ,rinci,les embodied in the 9ill were+oin+ on, it was said several times that we should have abetter o,,ortunity for eI,ressin+ our o,inions later whenthe whole ,icture was before us This is a matter that, Iventure to think, &ir, deserves your serious attention Eemi+ht, a few months back, have acce,ted certain @@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@ N 57 Translation of Hindustani s,eech conclusions, but if, either after studyin+ the Act as awhole, or after further reflection, any of us comes to theconclusion that any of these ,rinci,les should be modifiedor com,letely altered, his ri+ht to eI,ress his o,inionshould not be Juestioned Mr !resident- I may say at once that I do not ,ro,oseto rule out any discussion It will be for the House todecide whether it will +o back on any of its decisions AsChairman, I do not ,ro,ose to rule out any discussion orreconsideration !andit Hirday Nath 1unDru- The House will certainlyhave the ri+ht to decide whether it will +o back on any ofits ,revious decisions If it does not a,,rove any chan+e inthe ,rinci,les acce,ted by it some time a+o, it will be o,ento it to throw out any su++estion for a chan+e made by anyMember 9ut what I have said, is due to the fact that I amunder the im,ression that it was your intention to rule outcertain amendments

Mr !resident- I am sorry if I left that im,ression !andit Hirday Nath 1unDru- I am very +lad to hear fromyou, &ir, that this is not your intention It is thereforenot necessary for me to discuss this as,ect of your,ronouncement any more I now come to the second ,oint which you asked theHouse to bear in mind in +ivin+ notice of amendments infuture ?ou said that you would allow amendments to be,ro,osed till 8 oKclock on &unday neIt, but that thereafteryou would not admit any new amendment for discussion, unlessit seemed to you to relate to a matter of im,ortance Ithink, &ir, we all a,,reciate the substance of what you havesaid As far as ,ossible, our discussion should be canaliDedin ,ro,er channels and should relate to such ,oints only asou+ht to be considered by the House a+ain ?our advicetherefore in re+ard to the character of the amendments wouldnaturally carry +reat wei+ht with every Member of thisHouse 9ut I submit, &ir, that no amendment, no matter whenreceived, ou+ht to be automatically ruled out on the +roundthat it was not received by 8 oKclock on &unday afternoon It is the duty of the Chair to re+ulate the discussion and Ihave no doubt that every Member of this House is anIious tohel, the Chair in its onerous task, ,articularly as theChair is occu,ied by a ,erson of your eminence 9ut we haveunder the rules certain definite ri+hts of which everyMember of the House ou+ht to be $ealous Ee have under therules the ri+ht to +ive notice of amendments at any sta+e welike, and ,rovided they are received within the timeallotted by the rules, our ri+ht to ,ut forward newamendments cannot be Juestioned It cannot be Juestionedeven by you, &ir I therefore su++est that when you consider anyamendment that is ,ro,osed, to be su,erfluous, or to relateto a very unim,ortant matter, you may well advise the Memberconcerned to save the time of the House by withdrawin+ it 9ut should he insist on eI,ression his view, even on anunim,ortant matter, I ho,e that you, whose duty it is tomaintain our ri+hts and ,rivile+es unim,aired, will not takeaway by eIecutive discretion his ri+ht to ,ro,ose hisamendment &ir, this is a matter of +reat im,ortance Itrelates to a Juestion of ,rinci,le I do not think that in,ractice any conflict will arise between the Chair and anymember of this House but I am anIious that no ri+ht, noteven the least, that the rules enable us to en$oy should betaken away from us or whittled down either directly orindirectly I ho,e that my observations will receive theattention of the Chair and that my remarks will be taken inthe s,irit in which they have been made Ee all mean to beres,ectful to you Ee listen to whatever you say with +reatattention and with a desire to act u, to your advice but wedo earnestly reJuest you not to make any attem,t to trencheven on the smallest of our ,rivile+es Ee ask you to standu, for them should anybody attack them and I trust that thediscussion will be carried on in such a way as to enable usto feel that you are the+uardian of our di+nity and ,rivile+es and will maintainunim,aired every ri+ht that the House en$oys at ,resentunder the rules

Mr !resident- I ho,e I have not +iven any cause so farin this Assembly to any Member to com,lain that I have actedin such a way as to take away any of his ri+hts and I ho,eto continue the tradition in the future also Maulana Hasrat Mohani "6nited !rovinces- Muslim%- &ir,I be+ to draw your attention to the fact that I have already+iven notice of a motion to the effectHThat the consideration of the Draft Constitution ofIndia be ,ost,oned till the election of a fresh andcom,etent Constituent Assembly on the basis of CointElectorates and the formation of ,olitical rather thancommunal ,arties in India H I also be+ to draw your attention to your rulin+ when I,ro,osed an amendment to the same effect on the occasion of the ,resentation of the re,ort on the ,rinci,les of a Model,rovincial constitution, viD , that the consideration of the,rovincial constitution be ,ost,oned unless and until wehave considered the 6nion Constitution Mr !resident- Ee shall take u, your amendment in duecourse Maulana Hasrat Mohani- I want to ,lace my motion first Mr Hussain Imam "9ihar- Muslim%- The motion that the9ill be considered has not been made and therefore theamendment cannot be moved at this sta+e Mr !resident- That is what I am sayin+ Ee shall takeit u, in due course The Assembly then ad$ourned for )unch till Three of theClock The Assembly re@assembled after lunch at Three of theClock, Mr !resident "The Honourable Dr #a$endra !rasad% inthe Chair &hri Mahavir Tya+i- Mr !resident, before we rose forlunch, the Juestion ,ut before you for your considerationwas whether the ,rocedure which you had announced re+ardin+the discussions here held +ood or whether you will ,leaseaccede to the reJuest made by my friend !andit Hirday Nath1unDru Accordin+ to the rules we have the ri+ht to +ive twodaysK notice of amendments if they are to be consideredvalid I need not Juote the relevant rule It is known toeverybody Ee followed it last time Ehen the draft of theConstitution was sent to us, I and many others here thou+htnaturally that the same old ,rocedure with re+ard todiscussion will be followed Now, many of my friends may nothave sent in their amendments in full in the ho,e that wewould discuss these matters here and then +ive notice of ouramendments after a discussion between ourselves The

oldarran+ement of two daysK notice enabled us to meet in +rou,sor ,arties and discuss and send in amendments If this,ractice is to be +uillotined and we are not to be ,ermittedto +ive notice of amendments as we ,roceed clause by clause,it will not be fair for those who have only $ust now $oinedthe Assembly There are many who have si+ned the #e+istertoday and +ot the ,a,ers of the Assembly a few hours a+o The draft Constitution is a hu+e volume which we want toread and consider If you accede to the reJuest of my friendMr 1unDru and ,ermit the new@comers to study the Draft Constitution as the discussion ,roceeds it will facilitatethem to send their amendments in time and have their say 'therwise, the new arrivals will not be accommodated at all Mr !resident, we are the Constituent Assembly and aremakin+ the Constitution An ordinary law which is consideredby the )e+islative Assembly and ,assed can be amended oncevery month or so 9ut the Constitution is not amended everynow and then Ee are makin+ a Constitution for centuries tocome and it cannot be amended easily, as easily as we canamend a le+islative enactment Therefore, full facilitiesshould be +iven to the Members of this House to have theirsay Therefore, I re,eat the reJuest that you may ,leaseconsider that the two days time +iven in the rules is nottaken away and allow amendments sub$ect to their relevancyto the motion under consideration Amendments may not bemoved which have the effect of ne+ativin+ the main motioneIce,t as ,ermitted by the Chairman Notice of amendments toa motion must be +iven one clear day before the motion ismoved in the Assembly This rule bein+ there, I submit,unless we chan+e the rules Mr !resident- The relevant rule is 2<@> &hri Mahavir Tya+i- It saysHIf notice of a ,ro,osed amendment has not been +iventwo clear days before the day no which the Constitution orthe 9ill, as the case may be, is to be considered, anymember may ob$ect to the movin+ of the amendment, and suchob$ection shall ,revail, unless the !resident in hisdiscretion allows theamendment to be moved Do you mean to inter,ret this rule 2<@> in such a waythat the whole Constitution Mr !resident- I ho,e the Honourable Member will notdrive me to +ive a decision on that ,oint today ?ou hadbetter leave it there ")au+hter% &hri H 4 1amath- Arisin+ from the ,ronouncement madeby you this mornin+, may I seek clarification on two ,ointsM

&hri Al+u #ai &hastri "6nited !rovinces- *eneral%-N5Mr !resident, I find that Honourable Members stand u, tointervene in the debate I reJuest that I may also be +ivena chance to s,eak 7 &hri H 4 1amath- May I seek a little clarification of the announcement you made this mornin+M ?ou were ,leased tosay that the Assembly would ad$ourn on =th December for afew days Do we ad$ourn on that day irres,ective of whetherwe com,lete the consideration of the Constitution or notM Mr !resident- Nothin+ of the sort I only su++estedsome sort of time table which I considered to be fair It isfor the House to decide whether they would +o on u, to =thof December neIt year ")au+hter% &hri H 4 1amath- Are we +oin+ to have a recess from=th December to a date to be s,ecified laterM Mr !resident- It all de,ends on the business on hand I have su++ested more that once that I do not want tocurtail discussion As we are considerin+ the Constitutionof the country, we shall not do anythin+ in a hurry/ but atthe same time I do not want waste time &hri H 4 1amath- Are we +oin+ to ad$ourn on the =thDecember, irres,ective of whether we com,lete theconsideration of the Constitution or notM Mr !resident- That we shall see &hri H 4 1amath- ?ou were ,leased to remark in themornin+ as re+ards the non@ ,artici,ation of Hyderabad and9ho,al, that it is a matter entirely for the *overnment toconsider Mr !resident, accordin+ to our #ules you have,ower to call u,on the rules of Hyderabad and other &tatesto send re,resentatives to the Constituent Assembly 9ut,you were ,leased to say that it is a matter in the hands of*overnment I do not know how the *overnment comes into thisaffair ?ou are fully authorised to call u,on the rulers tosend their re,resentatives to the Assembly Mr !resident- &ittin+ in this Assembly, I have nori+ht to com,el anybody to do anythin+ Those who have comein are entitled to ,artici,ate in the deliberations of thisAssembly and those who have not come, we cannot force themto come It is for the *overnment to deal with them &hri Al+u #ai &hastri- N5Mr !resident, as far as Iremember you had announced in the last session that theConstitution to be ,resented here would be in Hindi and thatit mi+ht be translated into En+lish 9ut the statement youhave made today has been a source of disa,,ointment in asmuch as we learn that we have to discuss the very Draft thathas been ,re,ared by the Draftin+ Committee in En+lish Eehave

before us its Hindi version also I do not understandwhy we should not take into consideration the Hindi versionof the Draft when it is before us Ee may take u, forconsideration the Hindi version of the Draft clause byclause and if any ,ortion is found to be translated inrather difficult lan+ua+e Dr Ambedkar who himself is a+reat scholar of the &anskrit lan+ua+e, may eI,lain such,ortion from the En+lish Draft to those who are unable tofollow the version in Hindi It is necessary for everycounty to frame its constitution in its own lan+ua+e Eebelon+ to a country that has its own lan+ua+e Ee shouldtherefore discuss it clause by clause in our own lan+ua+e The Draft ,re,ared in a forei+n lan+ua+e should not be,resented to this House for discussion &ir, ,erha,s you remember that at the commencement of the first session of the Constituent Assembly I made areJuest that the discussion in this House should be carriedon in a lan+ua+e which is understood by the ,eo,le of thiscountry Ee should not ,roceed in this House as if it werethe 9ritish !arliament The word LDominionK is entirelyforei+n in character I remember a sayin+ of the lateMoulana Mohammad Ali He used to say that the wordLDominionK mi+ht be a,,licable to Africa, &outh Africa, NewBealand, Australia and Tasmania These are the dominionswhere our alien rulers had founded @@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@ N 57 Translation of Hindustani s,eech colonies and established cantonments 9ut India cannot besaid to be a cantonment for the 9ritish They went to thecountries I have already named and established there theircolonies and cantonments/ they also carried their lan+ua+ewith them and the ,eo,le of those countries are En+lishs,eakin+ 9ut this cannot be said in our case Ee have ourown lan+ua+e, our own civiliDation which has come down to usthrou+h hundreds of centuries/ so also we have our ownliterature Cust as the En+lish ,eo,le can take ,ride intheir literature, in &hakes,eare and Milton, we too can be,roud of the works of our 1alidas, Tulsidas, Cayasi and&oordas It will be matter of dee, shame for a country whichhas develo,ed a lan+ua+e of its own, to frame its first freeConstitution in a forei+n lan+ua+e Therefore, I would liketo entreat you, to ,ray to you that the Hindi version of theDraft Constitution should be ,laced before this House as theori+inal Draft of the Constitution The clauses of the Hindiversion should be discussed here and the En+lish Draftshould not be ,resented here for discussion It should betreated only as a translation The En+lish have Juit India Their cantonments are nolon+er here (ollowin+ your eIam,le and the eIam,le of yourcollea+ues and other res,ected leaders who have immortaliDedtheir names in our history by eliminatin+ the En+lish rulefrom our land and whose names have become memorable, weshould remove the word

LDominionK from the Draft and I amsure it will be removed It will, I think be a+itated indetail in this House and many Members would eI,ressthemselves on it 9ut this is a matter for futurediscussion Cust now the Juestion before us is whether wehave any lan+ua+e of our own and a culture of our own/whether we have a lan+ua+e of our son+s, of our ,oems andfor the eI,ression of our thou+hts and emotions Ee shouldframe our Constitution in the same lan+ua+e in which wewould eI,ress our feelin+s The !reamble of the Draft says-HEe, the ,eo,le of India +ive to ourselvesthis Constitution H Here the term HEe the ,eo,le of IndiaHmeans not the few men who are sittin+ in this House but thedumb millions of India and on whose behalf we arefunctionin+ here Therefore the Constitution that is bein+,resented here must be in the lan+ua+e we understand It isa matter of re+ret that many of our veteran leaders havebe+un to say that the ,roblem of lan+ua+e has not yet beensolved/ that our lan+ua+e has not been reformed and thatEn+lish has to stay &uch thin+s are said sometimes I donot want here to mention the names of those leaders 9utsince they say that we have no lan+ua+e of our own, I wantto tell them that ours is a develo,ed lan+ua+e, a richlan+ua+e which is ca,able of eI,ressin+ hi+h thou+hts andsentiments It has a rich and a +ood vocabulary Ee haveinherited our lan+ua+e from our ancient sa+es, we haveinherited it from 1autilyaKs Artha &hastra, from our ancientliterature which has such +ems as the Mahabharat and the#amayana Ee have develo,ed our lan+ua+e takin+ words fromthese e,ics Therefore it can not be said 7 Mr !resident- N5EIcuse me, I do not understand whatyou are discussin+ All the matters to which you arereferrin+ are those on which there is already considerablea+reement 7 &hri Al+u #ai &hastri- N5I am only submittin+ that theori+inal draft of the Constitution which we are to discusshere should be in Hindi and not in En+lish Therefore weshould have liberty to table amendments on the clauses of the Hindi version of the Draft treatin+ it as the ori+inalone I be+ to ,ro,ose this with the idea that it wouldindicate that we have our own lan+ua+e Ee do not deem ourland to be such a dominion within the 9ritish Em,ire as caneI,ress itself only in En+lish I would like to say a few words more (ortunately orunfortunately our brethren who live in those coastal re+ionswhere the En+lish landed for the @@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@ N 57 Translation of Hindustani s,eech first time have acJuired considerable ,roficiency inEn+lish It is they who feel the +reatest embarrassment whenHindi is mentioned as the national lan+ua+e It had been the+reat +ood fortune of the ,eo,le of Madras that theirscholars +ave to India

a sublime messa+e based on the 4edicliterature and culture &imilarly it was their lot that theEn+lish 7 Mr !resident- N5I would like to ,oint out to you thatyou are continuin+ to talk on a sub$ect on which there is nodis,ute All admit that we can and will frame ourconstitution in our lan+ua+e There is no sco,e for anyfurther discussion on this matter !reviously also theJuestion has been discussed many times and I am sure that atthe a,,ro,riate occasion it will be ado,ted 7 &hri Al+u #ai &hastri- N5I am talkin+ at ,resent, oftablin+ amendments in Hindi 7 Mr !resident- N5?ou can table amendments in Hindi ifyou so desire 9ut how can an amendment in Hindi fit in theclause that is in En+lish There will be difficulty for mebut, however, if you wish to table any amendment in Hindiyou can do so 7 &ardar 9ho,inder &in+h Man "East !un$ab- &ikh%- N5Mr !resident, I want to invite your attention to the fact thatwhile discussin+ the #e,ort of the Minorities 9oard thisHouse had decided on the last occasion that theconsideration of the ,roblem of &ikh ri+hts should be heldu, as the conditions in the East !un$ab were not normal Today, we have +ot before us recommendations relatin+ to allminorities but so far &ikhs are concerned, no decision hasbeen taken as yet 7 Mr !resident- N5Ehen this Juestion is taken u, youwill be free to say what you want to say about it 7 &ardar 9ho,inder &in+h Man- N5&ir, ?ou have observedthat amendments may be sent within two days but nothin+ hasbeen decided re+ardin+ this Juestion 7 Mr !resident- N5?ou can send your amendments, after adecision has been taken in this matter 7 Mr Hussain Imam- Mr !resident, &ir, I do not wish to,rolon+ the discussion on this sub$ect I sim,ly wish todraw your attention to two im,ortant ,oints The rule asframed is all@com,rehensive, the time of two days is +ivenfor +ivin+ amendments before the Constitution is taken u, ?our discretion, &ir, is still left wide o,en, and I ho,e itwill be used +enerously I am sayin+ this not that I am notconvinced that it will be used +enerously but to assure myfriends that, if there is anythin+ material, they can relyon you that it will be +iven favourable consideration There is a second ,oint on which I reJuire yourindul+ence Amendments to amendments can only come forwardwhen the amendments are before the House Therefore in thatcate+ory you will have to relaI your rulin+ and +ive us ano,,ortunity to +ive amendments to amendments even after thattime

Mr !resident- Certainly Mr Hussain Imam- Thirdly, I wish to stress that thiscontroversy about lan+ua+e may be ha,,ily solved if allthose friends of ours who are interested in the Hindiversion are formed into a Committee from the be+innin+ to +oforward with the work of translatin+ or ,uttin+ forward aHindi version also Amendments also may be sent in Hindi,rovided the office arran+es to +ive us an En+lishtranslation as well &o in this manner we will be able toachieve both the ob$ectives An amendment may be +iven inany lan+ua+e @@@@@@@@@@@@@@@ N 57 Translation of Hindustani s,eech which is a,,roved by the Constituent Assembly ,rovided atranslation a,,ears on the 'rder !a,er simultaneously (ourthly, I should like to invite the attention of theHouse to the fact that the Constitution is bein+ made for @ Iwould not say for +enerations @ as lon+ as it serves our,ur,ose The 6nited &tates of America has made amendments toits constitution and about twenty amendments have alreadybeen made There the ,rocess is so difficult As you willremember, that not only has to be +ot throu+h the twoHouses, but it must be a,,roved by each unit of the 6 & A 'ur ,osition is not so bad 9ut there is one thin+, &ir, onwhich I would reJuire your indul+ence, and that is theJuestion of the boundaries of eIistin+ or new ,rovinces That matter, &ir, after the constitution will become sodifficult that I am sure it will become well ni+h im,ossibleto do anythin+ towards this end If it is the will of theHouse that the ,resent boundaries should be chan+ed in anymanner, it would be meet and ,ro,er that before we finalisethe Constitution in the neIt session after the recess, weshould have a ,icture of the ,rovinces as they will beconstituted in the immediate future and not leave it forfurther action in a remote future Mr !resident- I think that the su++estion is somewhat,remature Ee are awaitin+ the re,ort of the Commissionwhich we have a,,ointed and we shall consider it at thatsta+e Mr Hussain Imam- 9efore finalisin+, we may be able tomove amendments to those recommendations as and when itcomes u, I sim,ly invite the attention of the House to theur+ency of the matter and to the matter bein+ +iven fullconsideration and finaliDation &hri # 4 Dhulekar- N5&ir, I submit that the ,eriod oftwo hours that will be +iven to us tomorrow for +eneraldiscussion is too short It is a different matter

thathundreds of amendments will be received Ehen every member+ets an o,,ortunity of eI,ressin+ his views, the amendmentsthat are tabled after a discussion of a few days, arealtered The amendments are not referred to in thediscussion Therefore I reJuest that if we are +iven threeor four daysK time for discussion and every Member is askedto observe the rule that he should not s,eak for more thanfifteen minutes, every Member then will have thesatisfaction that he has made his contribution in the Housein the framin+ of the constitution I submit that one daymeans only five hours time If Dr Ambedkar takes it u, atfour today and takes half the time tomorrow, there willhardly be left any time for us Therefore I humbly reJuestthat we may be +iven an o,,ortunity of s,eakin+ on thishi+hly im,ortant constitution The o,,ortunity of framin+the constitution does not come over and over a+ain andeveryone desires to s,eak out whatever he has to say for hiscountry and nation I want to submit also that whatever wes,eak here is not meant for this House only or for the,resent time only Ehatever is s,oken here will be read evenafter hundred or two hundred or four hundred years and the,eo,le will come to know of the views of their ancestors ona ,articular ,oint They will inter,ret it accordin+ly Therefore, &ir, I think we the Members in this House will behi+hly obli+ed if at least four days are +ranted to us Everyone of us wants only fifteen minutes and I want to tellyou on behalf of other Members also that if this o,,ortunityis +iven to us, we shall sit to+ether and come to a decisionre+ardin+ the hundreds of amendments that may be brou+htforward and the Members of this House will hel, you infinalisin+ the constitution as Juickly as ,ossible 7 Mr !resident- N5Ee shall consider this later on Thetime now bein+ s,ent on the ,reliminary discussion reducesthe time available for detailed discussion Therefore, Iwould ask that you allow the real work to start 7 @@@@@@@@@@@@@@@@@@@@@@@@@@@@@ N 57 Translation of Hindustani s,eech !andit Thakur Dass 9har+ava "East !un$ab- *eneral%-N5Mr !resident, at the very outset I would like to enJuirewhether the Honourable Dr Ambedkar has +iven any notice ofhis intention to introduce the Draft Constitution asreJuired by the #ule 2<@) or not I am askin+ for thisinformation, because if no such notice has been +iven, I amafraid he can not move for consideration Accordin+ to therules five daysK notice is necessary 7 Mr !resident- N5?esS It has been included there Ithas been included in the A+enda It bein+ a re@draft all theamendments will be u, a+ain 7 !andit Thakur Dass 9har+ava- N5Another ,oint which Iwanted to brin+ to your notice falls under #ules 2<@M Theco,y of the draft constitution, which is a re@

draft, hasbeen +iven to us $ust today at the time when you weread$ournin+ the House for lunch, whereas it should havereached us much earlier I think all the Members have notreceived a co,y each so far Accordin+ to #ule 2<@M suchco,ies should reach the Members at least three days before,more ,articularly for the reason that it contains variousre,orts on new matters 6nless it has been thorou+hly readand studied, how can amendments be sentM7 Mr !resident- N5Ehich co,y are you referrin+ toM TheDraft Constitution ,laced before you by Dr Ambedkar of 0.st(ebruary, the co,ies of which were distributed, will bemoved by him and the amendments on it will be ,ro,osed asamendments and they will be moved on behalf of the Draftin+ Committee 7 !andit Thakur Dass 9har+ava- N5The third ,oint forsubmission on which I res,ectfully want to lay more em,hasisis re+ardin+ the inter,retation of #ule 2<@' In my o,inionthe view that the words Htwo clear days before the LdayK onwhich the constitution is to be consideredH in #ule 2<@' isthat all the amendments should reach the office by &undaybefore 8 ! M , is not correct for the reason that theconstitution shall not be taken u, for consideration on the=th November only/ rather, its consideration will continuefrom day to day when the clauses will be discussed Therewill be other dates further on after which it would bestated that the Constitution will be considered on those,articular dates That bein+ the case, Members have theri+ht to send in their amendments, two days before the datewhen the ,articular amendments shall be discussed 7 Mr !resident- N5)et us not take a decision on this,oint at this sta+e 7 !andit Thakur Dass 9har+ava- N5I am aware that you wantto +ive full o,,ortunity to the Members for discussion andthat their ri+ht of +ivin+ notice of amendments shouldremain intact Every Member has confidence in the matter of the eIercise of your discretion 9ut in my humble o,inion,the Juestion of discretion does not arise here, becauseaccordin+ to my inter,retation, every Member can send inamendments as a matter or ri+ht This is also the intentionof #ules 2<@! and 2<@ A ?our order that Members should sendtheir amendments by 8 oKclock on &unday +oes in a way, ,rimafacie, a+ainst the Members, which is not in order and shouldbe reviewed ?ou may not decide it now, if you do not wantto, thou+h incidentally and in a way, the decision is there In my humble o,inion, if without reviewin+ the order, youeItend the date, instead of ;th, to .>th and decide theJuestion, when occasion arises, then nobody will have any+rievance 7 &hri T Channiah "Mysore &tate%- 'n a ,oint of order,Mr !resident, &ir, most of the honourable Members who s,oke,reviously know the En+lish lan+ua+e very well Ee are verysorry to brin+ it to your notice that most of the Members,es,ecially Members comin+ from Madras, from 9en+al, 9ombay,Assam and many other ,laces cannot understand Hindi orHindustani Ee have

@@@@@@@@@@@@@@@@@@@@@@@ N 57 Translation of Hindustani s,eech to sit almost like dumb ,eo,le Mr !resident, &ir, you arehere to ,rotect the interests of all the Members I would,therefore, reJuest you to see that all those members whoknow En+lish and who are able to s,eak in En+lish are madeto s,eak in En+lish M'TI'N re D#A(T C'N&TIT6TI'N Mr !resident- I think we shall now ,roceed with thediscussion I call u,on the Honourable Dr Ambedkar to movehis motion The Honourable Dr 9 # Ambedkar "9ombay- *eneral%-Mr !resident, &ir, I introduce the Draft Constitution assettled by the Draftin+ Committee and move that it be takeninto consideration The Draftin+ Committee was a,,ointed by a #esolution,assed by the Constituent Assembly on Au+ust 0=, .=3; The Draftin+ Committee was in effect char+ed with theduty of ,re,arin+ a Constitution in accordance with thedecisions of the Constituent Assembly on the re,orts made bythe various Committees a,,ointed by it such as the 6nion!owers Committee, the 6nion Constitution Committee, the!rovincial Constitution Committee and the Advisory Committeeon (undamental #i+hts, Minorities, Tribal Areas, etc TheConstituent Assembly had also directed that in certainmatters the ,rovisions contained in the *overnment of IndiaAct, .=28, should be followed EIce,t on ,oints which arereferred to in my letter of the 0.st (ebruary .=3< in whichI have referred to the de,artures made and alternativessu++ested by the Draftin+ Committee, I ho,e the Draftin+ Committee will be found to have faithfully carried out thedirections +iven to it The Draft Constitution as it has emer+ed from theDraftin+ Committee is a formidable document It contains 2.8Articles and < &chedules It must be admitted that theConstitution of no country could be found to be so bulky asthe Draft Constitution It would be difficult for those whohave not been throu+h it to realiDe its salient and s,ecialfeatures The Draft Constitution has been before the ,ublic forei+ht months Durin+ this lon+ time friends, critics andadversaries have had more than sufficient time to eI,resstheir reactions to the ,rovisions contained in it I daresay some of them are

based on misunderstandin+ andinadeJuate understandin+ of the Articles 9ut there thecriticisms are and they have to be answered (or both these reasons it is necessary that on a motionfor consideration I should draw your attention to thes,ecial features of the Constitution and also meet thecriticism that has been levelled a+ainst it 9efore I ,roceed to do so I would like to ,lace on thetable of the House #e,orts of three Committees a,,ointed bythe Constituent Assembly N".% #e,ort of the Committee onChief CommissionersK !rovinces "M%"0% #e,ort of the EI,ertCommittee on (inancial #elations between the 6nion and the&tates, and "MM%"2% #e,ort of the Advisory Committee onTribal Areas, which came too late to be considered by thatAssembly thou+h co,ies of them have been circulated toMembers of the Assembly As these re,orts and therecommendations made therein have been considered by theDraftin+ Committee it is only ,ro,er that the House shouldformally be ,laced in ,ossession of them Turnin+ to the main Juestion A student ofConstitutional )aw if a co,y of a Constitution is ,laced inhis hands is sure to ask two Juestions (irstly what is theform of *overnment that is envisa+ed in the Constitution/and @@@@@@@@@@@@@@@@@@@@@@ N A,,endiI A "M% A,,endiI 9 "MM% A,,endiI C ". to 2% secondly what is the form of the ConstitutionM (or these arethe two crucial matters which every Constitution has to dealwith I will be+in with the first of the two Juestions In the Draft Constitution there is ,laced at the headof the Indian 6nion a functionary who is called the!resident of the 6nion The title of this functionaryreminds one of the !resident of the 6nited &tates 9utbeyond identity of names there is nothin+ in common betweenthe form of *overnment ,revalent in America and the form of*overnment ,ro,osed under the Draft Constitution TheAmerican form of *overnment is called the !residentialsystem of *overnment Ehat the Draft Constitution ,ro,osesis the !arliamentary system The two are fundamentallydifferent 6nder the !residential system of America, the !residentis the Chief head of the EIecutive The administration isvested in him 6nder the Draft Constitution the !residentoccu,ies the same ,osition as the 1in+ under the En+lishConstitution He is the head of the &tate but not of theEIecutive He re,resents the Nation but does not rule theNation He is the symbol of the nation His ,lace in theadministration is that of a ceremonial device on a seal bywhich the nationKs decisions are made

known 6nder theAmerican Constitution the !resident has under him&ecretaries in char+e of different De,artments In likemanner the !resident of the Indian 6nion will have under himMinisters in char+e of different De,artments of administration Here a+ain there is a fundamental differencebetween the two The !resident of the 6nited &tates is notbound to acce,t any advice tendered to him by any of his&ecretaries The !resident of the Indian 6nion will be+enerally bound by the advice of his Ministers He can donothin+ contrary to their advice nor can he do any thin+without their advice The !resident of the 6nited &tates candismiss any &ecretary at any time The !resident of theIndian 6nion has no ,ower to do so lon+ as his Ministerscommand a ma$ority in !arliament The !residential system of America is based u,on these,aration of the EIecutive and the )e+islature &o that the!resident and his &ecretaries cannot be members of theCon+ress The Draft Constitution does not reco+nise thisdoctrine The Ministers under the Indian 6nion are membersof !arliament 'nly members of !arliament can becomeMinisters Ministers have the same ri+hts as other membersof !arliament, namely, that they can sit in !arliament, take,art in debates and vote in its ,roceedin+s 9oth systems of*overnment are of course democratic and the choice betweenthe two is not very easy A democratic eIecutive mustsatisfy two conditions @ ".% It must be a stable eIecutiveand "0% it must be a res,onsible eIecutive 6nfortunately ithas not been ,ossible so far to devise a system which canensure both in eJual de+ree ?ou can have a system which can+ive you more stability but less res,onsibility or you canhave a system which +ives you more res,onsibility but lessstability The American and the &wiss systems +ive morestability but less res,onsibility The 9ritish system on theother hand +ives you more res,onsibility but less stability The reason for this is obvious The American EIecutive is anon@!arliamentary EIecutive which means that it is notde,endent for its eIistence u,on a ma$ority in the Con+ress,while the 9ritish system is a !arliamentary EIecutive whichmeans that it is not de,endent for its eIistence u,on ama$ority in the Con+ress, while the 9ritish system is a!arliamentary EIecutive which means that it is de,endentu,on a ma$ority in !arliament 9ein+ a non@ !arliamentaryEIecutive, the Con+ress of the 6nited &tates cannot dismissthe EIecutive A !arliamentary *overnment must resi+n themoment it loses the confidence of a ma$ority of the membersof !arliament )ookin+ at it from the ,oint of view ofres,onsibility, a non@!arliamentary EIecutive bein+inde,endent of ,arliament tends to be less res,onsible tothe )e+islature, while a !arliamentary EIecutive bein+ morede,endent u,on a ma$ority in !arliament become moreres,onsible The!arliamentary system differs from a non@!arliamentary systemin as much as the former is more res,onsible than the latterbut they also differ as to the time and a+ency forassessment of their res,onsibility 6nder the non@!arliamentary system, such as the one that eIists in the6 & A , the assessment of the res,onsibility of theEIecutive is ,eriodic It is done by the Electorate InEn+land, where the !arliamentary system ,revails, theassessment of res,onsibility of the EIecutive is both dailyand ,eriodic The daily assessment is

done by members of!arliament, throu+h Juestions, #esolutions, No@ confidencemotions, Ad$ournment motions and Debates on Addresses !eriodic assessment is done by the Electorate at the time of the election which may take ,lace every five years orearlier The Daily assessment of res,onsibility which is notavailable under the American system is it is felt far moreeffective than the ,eriodic assessment and far morenecessary in a country like India The Draft Constitution inrecommendin+ the !arliamentary system of EIecutive has,referred more res,onsibility to more stability &o far I have eI,lained the form of *overnment underthe Draft Constitution I will now turn to the otherJuestion, namely, the form of the Constitution Two ,rinci,al forms of the Constitution are known tohistory @ one is called 6nitary and the other (ederal Thetwo essential characteristics of a 6nitary Constitution are-".% the su,remacy of the Central !olity and "0% the absenceof subsidiary &overei+n ,olities Contrariwise, a (ederalConstitution is marked- ".% by the eIistence of a Central,olity and subsidiary ,olities side by side, and "0% by eachbein+ soverei+n in the field assi+ned to it In other words (ederation means the establishment of a Dual !olity TheDraft Constitution is, (ederal Constitution inasmuch as itestablishes what may be called a Dual !olity This Dual!olity under the ,ro,osed Constitution will consist of the6nion at the Centre and the &tates at the ,eri,hery eachendowed with soverei+n ,owers to be eIercised in the fieldassi+ned to them res,ectively by the Constitution This dual,olity resembles the American Constitution The American,olity is also a dual ,olity, one of it is known as the(ederal *overnment and the other &tates which corres,ondres,ectively to the 6nion *overnment and the &tates*overnment of the Draft Constitution 6nder the AmericanConstitution the (ederal *overnment is not a mere lea+ue of the &tates nor are the &tates administrative units ora+encies of the (ederal *overnment In the same way theIndian Constitution ,ro,osed in the Draft Constitution isnot a lea+ue of &tates nor are the &tates administrativeunits or a+encies of the 6nion *overnment Here, however,the similarities between the Indian and the AmericanConstitution come to an end The differences thatdistin+uish them are more fundamental and +larin+ than thesimilarities between the two The ,oints of difference between the American(ederation and the Indian (ederation are mainly two In the6 & A this dual ,olity is followed by a dual citiDenshi, In the 6 & A there is a citiDenshi, of the 6 & A 9ut thereis also a citiDenshi, of the &tate No doubt the ri+ours ofthis double citiDenshi, are much assua+ed by the fourteenthamendment to the Constitution of the 6nited &tates which,rohibits the &tates from takin+ away the ri+hts, ,rivile+esand immunities of the citiDen of the 6nited &tates At thesame time, as ,ointed out by Mr Eilliam Anderson, incertain ,olitical matters, includin+ the ri+ht to vote andto hold ,ublic office, &tates may and do discriminate infavour of their own citiDens This

favoritism +oes evenfarther in many cases Thus to obtain em,loyment in theservice of a &tate or local *overnment one is in most ,lacesreJuired to the be a local resident or citiDen &imilarly inthe licensin+ of ,ersons for the ,ractice of such ,ublic,rofessions as law and medicine, residence or citiDenshi, inthe &tate is freJuently reJuired/ and in business where,ublic re+ulation must necessarily bestrict, as in the sale of liJuor, and of stocks and bonds,similar reJuirements have been u,held Each &tate has also certain ri+hts in its own domainthat it holds for the s,ecial advanta+e of its own citiDens Thus wild +ame and fish in a sense belon+ to the &tate It is customary for the &tates to char+e hi+her huntin+ andfishin+ license fees to non@residents than to its owncitiDens The &tates also char+e non@residents hi+hertuition in &tate Colle+es and 6niversities, and ,ermit onlyresidents to be admitted to their hos,itals and asylumseIce,t in emer+encies In short, there are a number of ri+hts that a &tate can+rant to its own citiDens or residents that it may and doesle+ally deny to non@residents, or +rant to non@ residentsonly on more difficult terms than those im,osed onresidents These advanta+es, +iven to the citiDen in his own&tate, constitute the s,ecial ri+hts of &tate citiDenshi, Taken all to+ether, they amount to a considerable differencein ri+hts between citiDens and non@citiDens of the &tate The transient and the tem,orary so$ourner is everywhereunder some s,ecial handica,s The ,ro,osed Indian Constitution is a dual ,olity witha sin+le citiDenshi, There is only one citiDenshi, for thewhole of India It is Indian citiDenshi, There is no &tatecitiDenshi, Every Indian has the same ri+hts ofcitiDenshi,, no matter in what &tate he resides The dual ,olity of the ,ro,osed Indian Constitutiondiffers from the dual ,olity of the 6 & A in anotherres,ect In the 6 & A the Constitutions of the (ederal andthe &tates *overnments are loosely connected In describin+the relationshi, between the (ederal and &tate *overnment inthe 6 & A , 9ryce has saidHThe Central or national *overnment and the &tate*overnments may be com,ared to a lar+e buildin+ and a set ofsmaller buildin+s standin+ on the same +round, yet distinctfrom each other H Distinct they are, but how distinct are the &tate*overnments in the 6 & A from the (ederal *overnmentM &omeidea of this distinctness may be obtained from the followin+facts. &ub$ect to the maintenance of the re,ublican form of*overnment, each &tate in America is free to make its ownConstitution

0 The ,eo,le of a &tate retain for ever in theirhands, alto+ether inde,endent of the National *overnment,the ,ower of alterin+ their Constitution To ,ut it a+ain in the words of 9ryceHA &tate "in America% eIists as a commonwealth byvirtue of its own Constitution, and all &tate Authorities,le+islative, eIecutive and $udicial are the creatures of,and sub$ect to the Constitution H This is not true of the ,ro,osed Indian Constitution No&tates "at any rate those in !art I% have a ri+ht to frameits own Constitution The Constitution of the 6nion and of the &tates is a sin+le frame from which neither can +et outand within which they must work &o far I have drawn attention to the difference betweenthe American (ederation and the ,ro,osed Indian (ederation 9ut there are some other s,ecial features of the ,ro,osedIndian (ederation which mark it off not only from theAmerican (ederation but from all other (ederations Allfederal systems includin+ the American are ,laced in a ti+htmould of federalism No matter what the circumstances, itcannot chan+e its form and sha,e It can never be unitary 'n the other hand the Draft Constitution can be both unitaryas well as federal accordin+ to the reJuirements of time andcircumstances In normal times, it is framed to work as afederal system 9ut in times of warit is so desi+ned as to make it work as thou+h it was aunitary system 'nce the !resident issues a !roclamationwhich he is authorised to do under the !rovisions of Article0;8, the whole scene can become transformed and the &tatebecomes a unitary state The 6nion under the !roclamationcan claim if it wants ".% the ,ower to le+islate u,on anysub$ect even thou+h it may be in the &tate list, "0% the,ower to +ive directions to the &tates as to how they shouldeIercise their eIecutive authority in matters which arewithin their char+e, "2% the ,ower to vest authority for any,ur,ose in any officer, and "3% the ,ower to sus,end thefinancial ,rovisions of the Constitution &uch a ,ower ofconvertin+ itself into a unitary &tate no federation,ossesses This is one ,oint of difference between the(ederation ,ro,osed in the Draft Constitution, and all other(ederations we know of This is not the only difference between the ,ro,osedIndian (ederation and other federations (ederalism isdescribed as a weak if not an effete form of *overnment There are two weaknesses from which (ederation is alle+ed tosuffer 'ne is ri+idity and the other is le+alism Thatthese faults are inherent in (ederalism, there can be nodis,ute A (ederal Constitution cannot but be a writtenConstitution and a written Constitution must necessarily bea ri+id Constitution A (ederal Constitution means divisionof &overei+nty by no less a sanction than that of the law of the Constitution between the (ederal *overnment and the&tates, with two necessary conseJuences ".% that anyinvasion by the (ederal *overnment in the field assi+ned tothe &tates and vice versa is a breach of the

Constitutionand "0% such breach is a $usticiable matter to be determinedby the Cudiciary only This bein+ the nature of federalism,a federal Constitution have been found in a ,ronounced formin the Constitution of the 6nited &tates of America Countries which have ado,ted (ederalism at a later datehave attem,ted to reduce the disadvanta+es followin+ fromthe ri+idity and le+alism which are inherent therein TheeIam,le of Australia may well be referred to in this matter The Australian Constitution has ado,ted the followin+ meansto make its federation less ri+id".% 9y conferrin+ u,on the !arliament of the Commonwealth lar+e ,owers of concurrent )e+islation and few ,owers of eIclusive )e+islation "0% 9y makin+ some of the Articles of the Constitution of a tem,orary duration to remain in force only Huntil !arliament otherwise ,rovides H It is obvious that under the Australian Constitution,the Australian !arliament can do many thin+s, which are notwithin the com,etence of the American Con+ress and for doin+which the American *overnment will have to resort to the&u,reme Court and de,end u,on its ability, in+enuity andwillin+ness to invent a doctrine to $ustify it the eIerciseof authority In assua+in+ the ri+our of ri+idity and le+alism theDraft Constitution follows the Australian ,lan on a far moreeItensive scale than has been done in Australia )ike theAustralian Constitution, it has a lon+ list of sub$ects forconcurrent ,owers of le+islation 6nder the AustralianConstitution, concurrent sub$ects are 2= 6nder the Draft Constitution they are 2; (ollowin+ the AustralianConstitution there are as many as siI Articles in the Draft Constitution, where the ,rovisions are of a tem,oraryduration and which could be re,laced by !arliament at anytime by ,rovisions suitable for the occasion The bi++estadvance made by the Draft Constitution over the AustralianConstitution is inthe matter of eIclusive ,owers of le+islation vested in!arliament Ehile the eIclusive authority of the Australian!arliament to le+islate eItends only to about 2 matters, theauthority of the Indian !arliament as ,ro,osed in the Draft Constitution will eItend to =. matters In this way theDraft Constitution has secured the +reatest ,ossibleelasticity in its federalism which is su,,osed to be ri+idby nature It is not enou+h to say that the Draft Constitutionfollows the Australian Constitution or follows it on a moreeItensive scale Ehat is to be noted is that it has addednew ways of overcomin+ the ri+idity and le+alism inherent infederalism which are s,ecial to it and which are not to befound elsewhere (irst is the ,ower +iven to !arliament to le+islate oneIclusively ,rovincial sub$ects in normal times I refer toArticles 00:, 00; and 00= 6nder Article 00: !arliament

canle+islate when a sub$ect becomes a matter of nationalconcern as distin+uished from ,urely !rovincial concern,thou+h the sub$ect is in the &tate list, ,rovided aresolution is ,assed by the 6,,er Chamber by 0G2rd ma$orityin favour of such eIercise of the ,ower by the Centre Article 00; +ives the similar ,ower to !arliament in anational emer+ency 6nder Article 00= !arliament caneIercise the same ,ower if !rovinces consent to sucheIercise Thou+h the last ,rovision also eIists in theAustralian Constitution the first two are a s,ecial featureof the Draft Constitution The second means ado,ted to avoid ri+idity and le+alismis the ,rovision for facility with which the Constitutioncould be amended The ,rovisions of the Constitutionrelatin+ to the amendment of the Constitution divide theArticles of the Constitution into two +rou,s In the one+rou, are ,laced Articles relatin+ to "a% the distributionof le+islative ,owers between the Centre and the &tates, "b%the re,resentation of the &tates in !arliament, and "c% the,owers of the Courts All other Articles are ,laced inanother +rou, Articles ,laced in the second +rou, cover avery lar+e ,art of the Constitution and can be amended by!arliament by a double ma$ority, namely, a ma$ority of notless than two thirds of the members of each House ,resentand votin+ and by a ma$ority of the total membershi, of eachHouse The amendment of these Articles does not reJuireratification by the &tates It is only in those Articleswhich are ,laced in +rou, one that an additional safe+uardof ratification by the &tates is introduced 'ne can therefore safely say that the Indian (ederationwill not suffer from the faults of ri+idity or le+alism Itsdistin+uishin+ feature is that it is a fleIible federation There is another s,ecial feature of the ,ro,osed Indian(ederation which distin+uishes it from other federations A(ederation bein+ a dual ,olity based on divided authoritywith se,arate le+islative, eIecutive and $udicial ,owers foreach of the two ,olities is bound to ,roduce diversity inlaws, in administration and in $udicial ,rotection 6,to acertain ,oint this diversity does not matter It may bewelcomed as bein+ an attem,t to accommodate the ,owers of*overnment to local needs and local circumstances 9ut thisvery diversity when it +oes beyond a certain ,oint isca,able of ,roducin+ chaos and has ,roduced chaos in manyfederal &tates 'ne has only to ima+ine twenty differentlaws@if we have twenty &tates in the 6nion@of marria+e, ofdivorce, of inheritance of ,ro,erty, family relations,contracts, torts, crimes, wei+hts and measures, of bills andcheJues, bankin+ and commerce, of ,rocedures for obtainin+$ustice and in the standards and methods of administration &uch a state of affairs not only weakens the &tate butbecomes intolerant to the citiDen who moves from &tate to&tate only to find that what is lawful in one &tate is notlawful in another The Draft Constitution has sou+ht tofor+e means and methods whereby India will have (ederationand at the

same timewill have uniformity in all basic matters which areessential to maintain the unity of the country The meansado,ted by the Draft Constitution are three ".% a sin+le $udiciary, "0% uniformity@in fundamental laws, civil and criminal, and "2% a common All@India Civil &ervice to man im,ortant ,osts A dual $udiciary, a duality of le+al codes and aduality of civil services, as I said, are the lo+icalconseJuences of a dual ,olity which is inherent in afederation In the 6 & A the (ederal Cudiciary and the&tate Cudiciary are se,arate and inde,endent of each other The Indian (ederation thou+h a Dual !olity has no DualCudiciary at all The Hi+h Courts and the &u,reme Court formone sin+le inte+rated Cudiciary havin+ $urisdiction and,rovidin+ remedies in all cases arisin+ under theconstitutional law, the civil law or the criminal law Thisis done to eliminate all diversity in all remedial,rocedure Canada is the only country which furnishes aclose ,arallel The Australian system is only ana,,roIimation Care is taken to eliminate all diversity from lawswhich are at the basis of civic and cor,orate life The+reat Codes of Civil F Criminal )aws, such as the Civil!rocedure Code, !enal Code, the Criminal !rocedure Code, theEvidence Act, Transfer of !ro,erty Act, )aws of Marria+eDivorce, and Inheritance, are either ,laced in theConcurrent )ist so that the necessary uniformity can alwaysbe ,reserved without im,airin+ the federal system The dual ,olity which is inherent in a federal systemas I said is followed in all federations by a dual service In all (ederations there is a (ederal Civil &ervice and a&tate Civil &ervice The Indian (ederation thou+h a Dual!olity will have a Dual &ervice but with one eIce,tion It is reco+niDed that in every country there are certain ,ostsin its administrative set u, which mi+ht be called strate+icfrom the ,oint of view of maintainin+ the standard of administration It may not be easy to s,ot such ,osts in alar+e and com,licated machinery of administration 9ut therecan be no doubt that the standard of administration de,endsu,on the calibre of the Civil &ervants who are a,,ointed tothese strate+ic ,osts (ortunately for us we have inheritedfrom the ,ast system of administration which is common tothe whole of the country and we know what are thesestrate+ic ,osts The Constitution ,rovides that withoutde,rivin+ the &tates of their ri+ht to form their own Civil&ervices there shall be an All India service recruited on anAll India basis with common Jualifications, with uniformscale of ,ay and the members of which alone could bea,,ointed to these strate+ic ,osts throu+hout the 6nion &uch are the s,ecial

features of the ,ro,osed(ederation I will now turn to what the critics have had tosay about it It is said that there is nothin+ new in the Draft Constitution, that about half of it has been co,ied from the*overnment of India Act of .=28 and that the rest of it hasbeen borrowed from the Constitutions of other countries 4ery little of it can claim ori+inality 'ne likes to ask whether there can be anythin+ new in aConstitution framed at this hour in the history of theworld More than hundred years have rolled over when thefirst written Constitution was drafted It has been followedby many countries reducin+ their Constitutions to writin+ Ehat the sco,e of a Constitution should be has lon+ beensettled &imilarly what are the fundamentals of aConstitution are reco+niDed all over the world *iven thesefacts, all Constitutions in their main ,rovisions must looksimilar The only new thin+s, if there can be any, in aConstitution framed so late in the day are the variationsmade to remove the faults and to accommodate it to the needsof the country The char+e of ,roducin+ a blind co,y of theConstitutions of other countries is based, I am sure, on aninadeJuate studyof the Constitution I have shown what is new in the Draft Constitution and I am sure that those who have studied otherConstitutions and who are ,re,ared to consider the matterdis,assionately will a+ree that the Draftin+ Committee in,erformin+ its duty has not been +uilty of such blind andslavish imitation as it is re,resented to be As to the accusation that the Draft Constitution has,roduced a +ood ,art of the ,rovisions of the *overnment ofIndia Act, .=28, I make no a,olo+ies There is nothin+ to beashamed of in borrowin+ It involves no ,la+iarism Nobodyholds any ,atent ri+hts in the fundamental ideas of aConstitution Ehat I am sorry about is that the ,rovisionstaken from the *overnment of India Act, .=28, relate mostlyto the details of administration I a+ree thatadministrative details should have no ,lace in theConstitution I wish very much that the Draftin+ Committeecould see its way to avoid their inclusion in theConstitution 9ut this is to be said on the necessity which$ustifies their inclusion *rote, the historian of *reece,has said thatHThe diffusion of constitutional morality, not merely amon+ the ma$ority of any community but throu+hout the whole, is the indis,ensable condition of a +overnment at once free and ,eaceable/ since even any ,owerful and obstinate minority may render the workin+ of a free institution im,racticable, without bein+ stron+ enou+h to conJuer ascendency for themselves H 9y constitutional morality *rote meant Ha ,aramountreverence for the forms of the Constitution, enforcin+obedience to authority actin+ under and within these formsyet combined with the habit of o,en s,eech, of actionsub$ect only to definite le+al control, and unrestrainedcensure of those very authorities as to all their ,ublicacts combined too with a ,erfect confidence in the bosom ofevery citiDen

amidst the bitterness of ,arty contest thatthe forms of the Constitution will not be less sacred in theeyes of his o,,onents than in his own H "Hear, hear % Ehile everybody reco+niDes the necessity of thediffusion of Constitutional morality for the ,eacefulworkin+ of a democratic Constitution, there are two thin+sinterconnected with it which are not, unfortunately,+enerally reco+niDed 'ne is that the form of administrationhas a close connection with the form of the Constitution The form of the administration must be a,,ro,riate to and inthe same sense as the form of the Constitution The other isthat it is ,erfectly ,ossible to ,ervert the Constitution,without chan+in+ its form by merely chan+in+ the form of theadministration and to make it inconsistent and o,,osed tothe s,irit of the Constitution It follows that it is onlywhere ,eo,le are saturated with Constitutional morality suchas the one described by *rote the historian that one cantake the risk of omittin+ from the Constitution details of administration and leavin+ it for the )e+islature to,rescribe them The Juestion is, can we ,resume such adiffusion of Constitutional moralityM Constitutionalmorality is not a natural sentiment It has to becultivated Ee must realiDe that our ,eo,le have yet tolearn it Democracy in India is only a to,@dressin+ on anIndian soil, which is essentially undemocratic In these circumstances it is wiser not to trust the)e+islature to ,rescribe forms of administration This isthe $ustification for incor,oratin+ them in theConstitution Another criticism a+ainst the Draft Constitution isthat no ,art of it re,resents the ancient ,olity of India It is said that the new Constitution should have beendrafted on the ancient Hindu model of a &tate and thatinstead of incor,oratin+ Eestern theories the newConstitution should have been raised and built u,on villa+e!anchayats and District !anchayats There are otherswho have taken a more eItreme view They do not want anyCentral or !rovincial *overnments They $ust want India tocontain so many villa+e *overnments The love of theintellectual Indians for the villa+e community is of courseinfinite if not ,athetic "lau+hter% It is lar+ely due tothe fulsome ,raise bestowed u,on it by Metcalfe whodescribed them as little re,ublics havin+ nearly everythin+that they want within themselves, and almost inde,endent of any forei+n relations The eIistence of these villa+ecommunities each one formin+ a se,arate little &tate initself has accordin+ to Metcalfe contributed more than anyother cause to the ,reservation of the ,eo,le of India,throu+h all the revolutions and chan+es which they havesuffered, and is in a hi+h de+ree conducive to theirha,,iness and to the en$oyment of a +reat ,ortion of thefreedom and inde,endence No doubt the villa+e communitieshave lasted where nothin+ else lasts 9ut those who take,ride in the villa+e communities do not care to considerwhat little ,art they have ,layed in the affairs and thedestiny of the country/ and whyM Their ,art in the destinyof the country has been well described by Metcalfe himselfwho says-

HDynasty after dynasty tumbles down #evolutionsucceeds to revolution Hindoo, !athan, Mo+ul, Maharatha,&ikh, En+lish are all masters in turn but the villa+ecommunities remain the same In times of trouble they armand fortify themselves A hostile army ,asses throu+h thecountry The villa+e communities collect their little cattlewithin their walls, and let the enemy ,ass un,rovoked H &uch is the ,art the villa+e communities have ,layed inthe history of their country 1nowin+ this, what ,ride canone feel in themM That they have survived throu+h allvicissitudes may be a fact 9ut mere survival has no value The Juestion is on what ,lane they have survived &urely ona low, on a selfish level I hold that these villa+ere,ublics have been the ruination of India I am thereforesur,rised that those who condemn !rovincialism andcommunalism should come forward as cham,ions of the villa+e Ehat is the villa+e but a sink of localism, a den ofi+norance, narrow@ mindedness and communalismM I am +lad thatthe Draft Constitution has discarded the villa+e and ado,tedthe individual as its unit The Draft Constitution is also criticised because of the safe+uards it ,rovides for minorities In this, theDraftin+ Committee has no res,onsibility It follows thedecisions of the Constituent Assembly &,eakin+ for myself,I have no doubt that the Constituent Assembly has donewisely in ,rovidin+ such safe+uards for minorities as it hasdone In this country both the minorities and the ma$oritieshave followed a wron+ ,ath It is wron+ for the ma$ority todeny the eIistence of minorities It is eJually wron+ forthe minorities to ,er,etuate themselves A solution must befound which will serve a double ,ur,ose It must reco+niDethe eIistence of the minorities to start with It must alsobe such that it will enable ma$orities and minorities tomer+e someday into one The solution ,ro,osed by theConstituent Assembly is to be welcomed because it is asolution which serves this twofold ,ur,ose To diehards whohave develo,ed a kind of fanaticism a+ainst minority,rotection I would like to say two thin+s 'ne is thatminorities are an eI,losive force which, if it eru,ts, canblow u, the whole fabric of the &tate The history of Euro,ebears am,le and a,,allin+ testimony to this fact The otheris that the minorities in India have a+reed to ,lace theireIistence in the hands of the ma$ority In the history ofne+otiations for ,reventin+ the ,artition of Ireland,#edmond said to Carson Hask for any safe+uard you like forthe !rotestant minority but let us have a 6nited Ireland HCarsonKs re,ly was HDamn your safe+uards, we donKt want to be ruled by you H No minority in India has taken this stand They have loyally acce,ted the rule of the ma$ority which isbasically a communal ma$ority and not a ,olitical ma$ority It is for the ma$ority to realiDe its duty not todiscriminate a+ainst minorities Ehether the minorities willcontinue or will vanish must de,end u,on this habit of thema$ority The moment the ma$ority loses the habit ofdiscriminatin+ a+ainst the minority, the minorities can haveno +round to eIist They will vanish

The most criticiDed ,art of the Draft Constitution isthat which relates to (undamental #i+hts It is said thatArticle .2 which defines fundamental ri+hts is riddled withso many eIce,tions that the eIce,tions have eaten u, theri+hts alto+ether It is condemned as a kind of dece,tion In the o,inion of the critics fundamental ri+hts are notfundamental ri+hts unless they are also absolute ri+hts Thecritics rely on the Constitution of the 6nited &tates and tothe 9ill of #i+hts embodied in the first ten Amendments tothat Constitution in su,,ort of their contention It is saidthat the fundamental ri+hts in the American 9ill of #i+htsare real because they are not sub$ected to limitations oreIce,tions I am sorry to say that the whole of the criticism aboutfundamental ri+hts is based u,on a misconce,tion In thefirst ,lace, the criticism in so far as it seeks todistin+uish fundamental ri+hts from non@fundamental ri+htsis not sound It is incorrect to say that fundamental ri+htsare absolute while non@fundamental ri+hts are not absolute The real distinction between the two is that non@fundamentalri+hts are created by a+reement between ,arties whilefundamental ri+hts are the +ift of the law 9ecausefundamental ri+hts are the +ift of the &tate it does notfollow that the &tate cannot Jualify them In the second ,lace, it is wron+ to say thatfundamental ri+hts in America are absolute The differencebetween the ,osition under the American Constitution and theDraft Constitution is one of form and not of substance Thatthe fundamental ri+hts in America are not absolute ri+hts isbeyond dis,ute In su,,ort of every eIce,tion to thefundamental ri+hts set out in the Draft Constitution one canrefer to at least one $ud+ment of the 6nited &tates &u,remeCourt It would be sufficient to Juote one such $ud+ment of the &u,reme Court in $ustification of the limitation on theri+ht of free s,eech contained in Article .2 of the Draft Constitution In *itlow 4s New ?ork in which the issue wasthe constitutionality of a New ?ork Hcriminal anarchyH lawwhich ,ur,orted to ,unish utterances calculated to brin+about violent chan+e, the &u,reme Court saidHIt is a fundamental ,rinci,le, lon+ established, thatthe freedom of s,eech and of the ,ress, which is secured bythe Constitution, does not confer an absolute ri+ht to s,eakor ,ublish, without res,onsibility, whatever one may choose,or an unrestricted and unbridled license that +ives immunityfor every ,ossible use of lan+ua+e and ,revents the,unishment of those who abuse this freedom H It is therefore wron+ to say that the fundamentalri+hts in America are absolute, while those in the Draft Constitution are not It is ar+ued that if any fundamental ri+hts reJuireJualification, it is for the Constitution itself to Jualifythem as is done in the Constitution of the 6nited &tates andwhere it does not do so it should be left to be determinedby the Cudiciary u,on a consideration of all the relevantconsiderations All

this, I am sorry to say, is a com,letemisre,resentation if not a misunderstandin+ of the AmericanConstitution The American Constitution does nothin+ of thekind EIce,t in one matter, namely, the ri+ht of assembly,the American Constitution does not itself im,ose anylimitations u,on the fundamental ri+hts +uaranteed to theAmerican citiDens Nor is it correct to say that theAmerican Constitution leaves it to the $udiciary to im,oselimitations on fundamental ri+hts The ri+ht to im,oselimitations belon+s to the Con+ress The real ,osition isdifferent from what is assumed by the critics In America,the fundamental ri+hts as enacted by the Constitution wereno doubt absolute Con+ress, however, soon found that it wasabsolutely essential to Jualify these fundamental ri+hts bylimitations Ehen the Juestion arose as to theconstitutionality of these limitations before the &u,remeCourt, it was contended that the Constitution +ave no ,owerto the 6nited &tates Con+ress to im,ose such limitation, the&u,reme Court invented the doctrine of ,olice ,ower andrefuted the advocates of absolutefundamental ri+hts by the ar+ument that every state hasinherent in it ,olice ,ower which is not reJuired to beconferred on it eI,ressly by the Constitution To use thelan+ua+e of the &u,reme Court in the case I have alreadyreferred to, it saidHThat a &tate in eIercise of its ,olice ,ower may,unish those who abuse this freedom by utterances inimicalto the ,ublic welfare, tendin+ to corru,t ,ublic morals,incite to crime or disturb the ,ublic ,eace, is not o,en toJuestion H "Ehat the Draft Constitution has done is that insteadof formulatin+ fundamental ri+hts in absolute terms andde,endin+ u,on our &u,reme Court to come to the rescue of!arliament by inventin+ the doctrine of ,olice ,ower, it,ermits the &tate directly to im,ose limitations u,on thefundamental ri+hts There is really no difference in theresult Ehat one does directly the other does indirectly Inboth cases, the fundamental ri+hts are not absolute % In the Draft Constitution the (undamental #i+hts arefollowed by what are called HDirective !rinci,lesH It is anovel feature in a Constitution framed for !arliamentaryDemocracy The only other constitution framed for!arliamentary Democracy which embodies such ,rinci,les isthat of the Irish (ree &tate These Directive !rinci,leshave also come u, for criticism It is said that they areonly ,ious declarations They have no bindin+ force Thiscriticism is of course su,erfluous The Constitution itselfsays so in so many words If it is said that the Directive !rinci,le have nole+al force behind them, I am ,re,ared to admit it 9ut I amnot ,re,ared to admit that they have no sort of bindin+force at all Nor am I ,re,ared to concede that they areuseless because they have no bindin+ force in law The Directive !rinci,les are like the Instrument ofInstructions which were issued to the *overnor@*eneral andto the *overnors of the Colonies and to those of India bythe 9ritish *overnment under the .=28 Act 6nder the Draft Constitution it is

,ro,osed to issue such instruments to the!resident and to the *overnors The teIts of theseInstruments of Instructions will be found in &chedule I4 of the Constitution Ehat are called Directive !rinci,les ismerely another name for Instrument of Instructions The onlydifference is that they are instructions to the )e+islatureand the EIecutive &uch a thin+ is to my mind to bewelcomed Eherever there is a +rant of ,ower in +eneralterms for ,eace, order and +ood +overnment, it is necessarythat it should be accom,anied by instructions re+ulatin+ itseIercise The inclusion of such instructions in a Constitutionsuch as is ,ro,osed in the Draft becomes $ustifiable foranother reason The Draft Constitution as framed only,rovides a machinery for the +overnment of the country It is not a contrivance to install any ,articular ,arty in,ower as has been done in some countries Eho should be in,ower is left to be determined by the ,eo,le, as it must be,if the system is to satisfy the tests of democracy 9utwhoever ca,tures ,ower will not be free to do what he likeswith it In the eIercise of it, he will have to res,ectthese instruments of instructions which are called Directive!rinci,les He cannot i+nore them He may not have to answerfor their breach in a Court of )aw 9ut he will certainlyhave to answer for them before the electorate at electiontime Ehat +reat value these directive ,rinci,les ,ossesswill be realiDed better when the forces of ri+ht contrive toca,ture ,ower That it has no bindin+ force is no ar+ument a+ainsttheir inclusion in the Constitution There may be adifference of o,inion as to the eIact ,lace they should be+iven in the Constitution I a+ree that it is somewhat oddthat ,rovisions which do not carry ,ositive obli+ationsshould be ,laced in the midst of ,rovisions which do carry,ositive obli+ations In my $ud+ement their ,ro,er ,lace isin &chedules III A F I4 which contain Instrument ofInstructions tothe !resident and the *overnors (or, as I have said, theyare really Instruments of Instructions to the EIecutive andthe )e+islatures as to how they should eIercise their,owers 9ut that is only a matter of arran+ement &ome critics have said that the Centre is too stron+ 'thers have said that it must be made stron+er The Draft Constitution has struck a balance However much you may deny,owers to the Centre, it is difficult to ,revent the Centrefrom becomin+ stron+ Conditions in modern world are suchthat centraliDation of ,owers is inevitable 'ne has onlyto consider the +rowth of the (ederal *overnment in the6 & A which, notwithstandin+ the very limited ,owers +ivento it by the Constitution, has out@+rown its former self andhas overshadowed and ecli,sed the &tate *overnments This isdue to modern conditions The same conditions are sure too,erate on the *overnment of India and nothin+ that one cando will hel, to ,revent it from bein+ stron+ 'n the otherhand, we must resist the tendency to make it stron+er Itcannot chew more than it can di+est Its stren+th must

becommensurate with its wei+ht It would be a folly to make itso stron+ that it may fall by its own wei+ht The Draft Constitution is criticiDed for havin+ onesort of constitutional relations between the Centre and the!rovinces and another sort of constitutional relationsbetween the Centre and the Indian &tates The Indian &tatesare not bound to acce,t the whole list of sub$ects includedin the 6nion )ist but only those which come under Defence,(orei+n Affairs and Communications They are not bound toacce,t sub$ects included in the Concurrent )ist They arenot bound to acce,t the &tate )ist contained in the Draft Constitution They are free to create their own ConstituentAssemblies and to frame their own constitutions All this,of course, is very unfortunate and, I submit Juiteindefensible This dis,arity may even ,rove dan+erous to theefficiency of the &tate &o lon+ as the dis,arity eIists,the CentreKs authority over all@India matters may lose itsefficacy (or, ,ower is no ,ower if it cannot be eIercisedin all cases and in all ,laces In a situation such as maybe created by war, such limitations on the eIercise of vital,owers in some areas may brin+ the whole life of the &tatein com,lete $eo,ardy Ehat is worse is that the Indian&tates under the Draft Constitution are ,ermitted tomaintain their own armies I re+ard this as a mostretro+rade and harmful ,rovision which may lead to thebreak@u, of the unity of India and the overthrow of theCentral *overnment The Draftin+ Committee, if I am notmisre,resentin+ its mind, was not at all ha,,y over thismatter They wished very much that there was uniformitybetween the !rovinces and the Indian &tates in theirconstitutional relationshi, with the Centre 6nfortunately,they could do nothin+ to im,rove matters They were bound bythe decisions of the Constituent Assembly, and theConstituent Assembly in its turn was bound by the a+reementarrived at between the two ne+otiatin+ Committees 9ut we may take coura+e from what ha,,ened in *ermany The *erman Em,ire as founded by 9ismark in .<;> was acom,osite &tate, consistin+ of 08 units 'f these 08 units,00 were monarchical &tates and 2 were re,ublican city&tates This distinction, as we all know, disa,,eared in thecourse of time and *ermany became one land with one ,eo,lelivin+ under one Constitution The ,rocess of theamal+amation of the Indian &tates is +oin+ to be muchJuicker than it has been in *ermany 'n the .8th Au+ust .=3;we had :>> Indian &tates in eIistence Today by theinte+ration of the Indian &tates with Indian !rovinces ormer+er amon+ themselves or by the Centre havin+ taken themas Centrally Administered Areas there have remained some0>G2> &tates as viable &tates This is a very ra,id ,rocessand ,ro+ress I a,,eal to those &tates that remain to fallin line with the Indian !rovinces and to become full unitsof the Indian 6nion on the same terms as the Indian!rovinces Theywill thereby +ive the Indian 6nion the stren+th it needs They will save themselves the bother of startin+ their ownConstituent Assemblies and draftin+ their own se,arateConstitution and they will lose nothin+ that is of value tothem I feel ho,eful that my a,,eal will not

+o in vain andthat before the Constitution is ,assed, we will be able towi,e off the differences between the !rovinces and theIndian &tates &ome critics have taken ob$ection to the descri,tion ofIndia in Article . of the Draft Constitution as a 6nion of&tates It is said that the correct ,hraseolo+y should be a(ederation of &tates It is true that &outh Africa which isa unitary &tate is described as a 6nion 9ut Canada which isa (ederation is also called a 6nion Thus the descri,tion ofIndia as a 6nion, thou+h its constitution is (ederal, doesno violence to usa+e 9ut what is im,ortant is that the useof the word 6nion is deliberate I do not know why the wordK6nionK was used in the Canadian Constitution 9ut I cantell you why the Draftin+ Committee has used it TheDraftin+ Committee wanted to make it clear that thou+h Indiawas to be a federation, the (ederation was not the result of an a+reement by the &tates to $oin in a (ederation and thatthe (ederation not bein+ the result of an a+reement no &tatehas the ri+ht to secede from it The (ederation is a 6nionbecause it is indestructible Thou+h the country and the,eo,le may be divided into different &tates for convenienceof administration the country is one inte+ral whole, its,eo,le a sin+le ,eo,le livin+ under a sin+le im,eriumderived from a sin+le source The Americans had to wa+e acivil war to establish that the &tates have no ri+ht ofsecession and that their (ederation was indestructible TheDraftin+ Committee thou+ht that it was better to make itclear at the outset rather than to leave it to s,eculationor to dis,ute The ,rovisions relatin+ to amendment of theConstitution have come in for a virulent attack at the handsof the critics of the Draft Constitution It is said thatthe ,rovisions contained in the Draft make amendmentdifficult It is ,ro,osed that the Constitution should beamendable by a sim,le ma$ority at least for some years Thear+ument is subtle and in+enious It is said that thisConstituent Assembly is not elected on adult suffra+e whilethe future !arliament will be elected on adult suffra+e andyet the former has been +iven the ri+ht to ,ass theConstitution by a sim,le ma$ority while the latter has beendenied the same ri+ht It is ,araded as one of theabsurdities of the Draft Constitution I must re,udiate thechar+e because it is without foundation "To know how sim,leare the ,rovisions of the Draft Constitution in res,ect of amendin+ the Constitution one has only to study the,rovisions for amendment contained in the American andAustralian Constitutions Com,ared to them those containedin the Draft Constitution will be found to be the sim,lest The Draft Constitution has eliminated the elaborate anddifficult ,rocedures such as a decision by a convention or areferendum The !owers of amendment are left with the)e+islature Central and !rovincial It is only foramendments of s,ecific matters @ and they are only few @ thatthe ratification of the &tate le+islatures is reJuired Allother Articles of the Constitution are left to be amended by!arliament The only limitation is that it shall be done bya ma$ority of not less than two@thirds of the members ofeach

House ,resent and votin+ and a ma$ority of the totalmembershi, of each House It is difficult to conceive asim,ler method of amendin+ the Constitution % Ehat is said to be the absurdity of the amendin+,rovisions is founded u,on a misconce,tion of the ,ositionof the Constituent Assembly and of the future !arliamentelected under the Constitution The Constituent Assembly inmakin+ a Constitution has no ,artisan motive 9eyondsecurin+ a +ood and workable constitution it has no aIe to+rind In considerin+ the Articles of the Constitution ithas no eye on +ettin+ throu+h a ,articular measure Thefuture !arliament if it met as a Constituent Assembly, itsmembers will be actin+ as ,artisans seekin+ to carryamendments to the Constitution to facilitate the ,assin+ of,arty measures which they have failed to +et throu+h!arliament by reason of someArticle of the Constitution which has acted as an obstaclein their way !arliament will have an aIe to +rind while theConstituent Assembly has none That is the differencebetween the Constituent Assembly and the future !arliament That eI,lains why the Constituent Assembly thou+h elected onlimited franchise can be trusted to ,ass the Constitution bysim,le ma$ority and why the !arliament thou+h elected onadult suffra+e cannot be trusted with the same ,ower toamend it I believe I have dealt with all the adverse criticismsthat have been levelled a+ainst the Draft Constitution assettled by the Draftin+ Committee I donKt think that I haveleft out any im,ortant comment or criticism that has beenmade durin+ the last ei+ht months durin+ which theConstitution has been before the ,ublic It is for theConstituent Assembly to decide whether they will acce,t theconstitution as settled by the Draftin+ Committee or whetherthey shall alter it before ,assin+ it 9ut this I would like to say The Constitution has beendiscussed in some of the !rovincial Assemblies of India Itwas discussed in 9ombay, C ! , Eest 9en+al, 9ihar, Madrasand East !un$ab It is true that in some !rovincialAssemblies serious ob$ections were taken to the financial,rovisions of the constitution and in Madras to Article 00: 9ut eIce,tin+ this, in no !rovincial Assembly was anyserious ob$ection taken to the Articles of the Constitution No Constitution is ,erfect and the Draftin+ Committee itselfis su++estin+ certain amendments to im,rove the Draft Constitution 9ut the debates in the !rovincial Assemblies+ive me coura+e to say that the Constitution as settled bythe Draftin+ Committee is +ood enou+h to make in thiscountry a start with I feel that it is workable, it isfleIible and it is stron+ enou+h to hold the countryto+ether both in ,eace time and in war time Indeed, if Imay say so, if thin+s +o wron+ under the new Constitution,the reason will not be that we had a bad Constitution Ehatwe will have to say is, that Man was vile &ir, I move Mr !resident- Maulana Hasrat Mohani has +iven noticeof an amendment It was +iven at half@,ast Eleven thismornin+ I will allow him to move it, ,articularly becauseit will have the effect, if it is lost, of blockin+ anothermotion of which I have +ot notice Maulana &aheb, will youkindly move your amendmentM

Maulana Hasrat Mohani- N5&ir, the amendment, of which Ihave +iven notice, is to the effect that the ,resentConstitution Assembly is not com,etent and there are threereasons why I do not re+ard it as com,etent The first andthe most im,ortant reason is 7 &hri 9 Das "'rissa- *eneral%- Mr !resident, &ir, willMaulana &ahib ,lease read out the amendment firstM Mr !resident- I will read out the amendment Theamendment is thisHThat the Consideration of the Draft Constitution ofIndia be ,ost,oned till the election of a fresh andcom,etent Constituent Assembly on the basis of $ointelectorate and the formation of ,olitical rather thancommunal ,arties in India H That is the amendment &hri 9 Das- May I rise on a ,oint of order, &irM My,oint of order, is that Maulana &ahib cannot move hisne+ative amendment after Mr !resident- EonKt you allow him to move itM @@@@@@@@@@@@@@@@@@@@ N 57 Translation of Hindustani s,eech CONSTITUENT ASSEMBLY OF INDIA - VOLUME VII Thursday, the 4th Nove !er "#4$ &hri 9 Das- He has $ust s,oken in Hindustani, the,ur,ort of which is that he has moved his amendment This iscontrary to the ,ractice of this House I think it is out oforder and it should not be allowed Mr !resident- I think I had better allow the Maulana&aheb to move the amendment Then, you may take the ,oint oforder Maulana Hasrat Mohani- N5I was tellin+ the reason why Ido not re+ard this Constituent Assembly as a com,etent body (irstly, because all over the world wherever a ConstituentAssembly has been set u,, it has been done as an outcome ofrevolution #evolution does not necessarily mean an armedrevolution It only means that, when the ,revailin+ systemof *overnment has come to an end and another is intended to be set u, in its ,lace, a Constituent Assembly has beeninvariably called to frame and ,ass a constitution in theli+ht of new conditions If the ,revious form of *overnmentwere to continue then there was no

need of a ConstituentAssembly )ook at our new constitution drafted by Dr Ambedkar There is nothin+ new in it He has mostly co,iedout either the *overnment of India Act of .=28 or, asadmitted by himself, has drawn from the constitutions ofother countries A bit from here and a bit from there@it isa !andoraKs 9oI This is what has been ,roduced by ourfriend Dr AmbedkarS My bi++est com,laint on this account isthat if for the ,ur,ose of draftin+ a constitution he had toco,y out the constitutions of other countries, then why didhe not embody the latest and the best constitutionM How wasit that he looked u, to the constitutions of Australia,Canada, America, and En+land, but the constitution of the&oviet 6nion did not catch his eyeM I have $otted down allthe ,oints he has made in his s,eech This is not the timeto re,ly them in detail, but this much I can say that he hasretained all the bad ,oints that he could lay his handsu,on He has observed that there should be no ri+idity andle+alism, but has he at any ,lace said that a 6nitary &ystemof *overnment should be establishedM At one ,lace hementioned that he could not ,rovide for the villa+e!anchayats If he had ke,t the &oviet Constitution in view,there would have been no difficulty in his way I claim itand I challen+e him on that ,oint (or eIam,le, he has saidthat unless there is a unitary ty,e of *overnment and a,owerful Centre, nothin+ can be done &uch talk is besidethe ,oint He does not know that it is so in the &ovietConstitution Ehat he has done is to allocate some sub$ectsto !rovinces, some to the Centre and some have been ,ut inthe concurrent list In the &oviet Constitution everyconstituent state has been made a ,ermanent re,ublic/ and towin its confidence every com,onent unit has been +ivencontrol over the defence, forei+n relations andcommunications Ehat has been the resultM He says that itwould be detrimental, but there the &oviet *overnment have+ained the confidence of their com,onent states The resulthas been that all ,arts of the &oviet 6nion @ considered fromthe ,oint of view of ,o,ulation they are all Muslimre,ublics @ have hel,ed their utmost in the last war !eo,leof Caucasia and of every war@rava+ed re+ion have stoodwholeheartedly by the &oviet 6nion Cossacks and others whorendered hel, all belon+ed to the 6nion Thus hisobservation is un$ustified He is not takin+ the ,eo,le intohis confidence, and says that all should mer+e 7 !andit 9alkrishna &harma- May I rise to a ,oint oforderM The revered Maulana &ahib is discussin+ the merits of the Constitution whereas the ,ro,osal that is ,ut forwardbefore us is that we must not consider this Constitution The discussion of the merits of the Constitution cannot bebrou+ht before the House when we are to consider only theJuestion of ,ost,onement of the discussion @@@@@@@@@@@@@@@@@@@@ N 57 Translation of Hindustani s,eech Mr !resident- I thou+ht it would save time if you lefthim alone

Maulana Hasrat Mohani- N5I re,eat what I have alreadysaid, that the reason why this House is not com,etent, isthat you have consulted all the constitutions of the world/but you have not cared to see the latest and the bestconstitutions The second ,oint arises, what was the basisof the election of our Constituent AssemblyM It was oncommunal basis Muslims had elected Muslims and Hindus hadvoted for the Hindus, but the &tates were not re,resented Ehat was the ,osition at the time of the first meetin+ of the Constituent AssemblyM 'n your own admission there werethree ,arties, namely, the Con+ress, the Muslim )ea+ue andthe &tates/ but u, to that time the &tates had not come in No member of the Muslim )ea+ue had taken any ,art Theresult has been that the constitution that has been framedhas been for+ed by one ,arty alone How can you enforce iton othersM I mean to say that no reliance can be ,laced byus as the Constitution has been framed by one ,arty alone In the situation that has how arisen we also find the same,namely that there is only one ,arty It is like this- theMuslim )ea+ue is finished, it has dissolved itself and allthe &tates have mer+ed themselves in the Indian 6nion andnow only the Indian *overnment, namely one ,arty, hasremained in the field That is why we have to form ,olitical,arties so that your difficulties may come to an end 7 &hri &atyanarayan &inha "9ihar- *eneral%- N5Did youfind out any better solutionM7 Maulana Hasrat Mohani- N5I am comin+ to that Dr Ambedkar has $ust said that the ma$ority ,arty should beconsiderate towards the Minority ,arty I say- we do notwant them ?ou have ,rovided in the constitution that .3 ,ercent of the seats should be reserved for the Muslims ?oustill consider yourself <: ,er cent and Muslims to be .3 ,ercent &o lon+ as you have this communalism, nothin+ can bedone Ehy do you say that Muslims are in a Minority &o lon+as you de,ict them in communal colours Muslims shall remaina Minority Ehen we come as members of a ,olitical ,arty oras members of the Inde,endent Communist ,arty or as&ocialists and then form a coalition ,arty, then as a wholethey will be arrayed a+ainst the rest ?ou say that a lon+ time has ela,sed that many thin+shave ha,,ened and that you have worked so hard Mr !resident, I would recall that when !andit Cawahar )al Nehruhad ,resented the Draft Constitution, I had then raised anob$ection and he had advised me to leave alone a ,rimarymatter I had thereu,on ,ointed out to him that it would beabsurd to leave aside a ,oint which is to be settled first I had also ,ointed out that by doin+ so he would not betakin+ any stron+ and firm stand but would be stuffin+irrelevant matter in all directions I had also enJuiredwhat he would do if Juestions were raised on these issues,if without takin+ any decision, he started framin+ theconstitution It is a futility/ we should see what ty,e ofConstitution is reJuired Ee want to make a ,icture, but ifthat ,icture is not ,ainted correctly, then it cannot betermed a ,icture ?ou will say that you have

worked hard andthat Juite a lon+ time has ela,sed My answer would be thatthere is no difficulty about it, neither was there any risk I had ,rotested at that time and I was +lad that theHonourable !resident had stated that the ,oint would beconsidered and it was on that understandin+ that we haddiscussed the resolution ?ou know that the same thin+ hasha,,ened in !akistan as well Mr Cinnah had said that solon+ as the Constituent Assembly was not elected, theconstitution could not be ,assed This is the reason why Iam tellin+ you that so lon+ as the Constituent Assembly isnot elected on non@communal basis, you have no ri+ht to +eta constitution ,assed by this Constituent Assembly Nomatter receives any consideration from you, because you areinflated with the idea that you are in a ma$ority and thatwhatever you like will be ,assed Do not @@@@@@@@@@@@@@@@@@@@ N 57 Translation of Hindustani s,eech ima+ine that no blame will come u,on you I am alone and Iam sayin+ all I can say ?ou may not a+ree In reality youare doin+ all that the 9ritish *overnment had been doin+ After sometime they used to +ive us ,ensions and used to askus to stay at home 9ut why should we do soM I would like to ask you what you are doin+ inHyderabad ?ou say that a Constituent Assembly will be setu, which would frame a constitution ?ou have acce,ted this,rinci,le for Hyderabad Ehy donKt you do it hereM 'bviouslyall this is bein+ done on communal lines in which truth and$ustice have no ,lace If he says that he cannot do that, he has no ,ower toelect a new Constituent Assembly on the basis of $ointelectorate and that would be done after the constitution hasbeen framed, then I re,eat what you have said, thatLle+alismK and Lri+idityK should be cast aside I ask himwhether he can set u, a Constituent Assembly in Hyderabadwithout the NiDamKs fireman 9ut here we set u, anelectorate for the Constituent Assembly as we felt the needfor it/ so it is incorrect to say that we can not do it HEhere there is a will, there is a way H If you are inearnest to be $ust to the country and if you want to treatevery one eJually, then I +ive you a warnin+ that yourendeavour to assimilate all into one whole, to build a,aramount Indian ,ower, will brin+ disaster The latesteIam,le is that of Auran+aDeb the Em,eror After conJuerin+the whole of India he anneIed the two &outhern &tates of9i$a,ur and *olcanda with the intention of foundin+ aunitary Mo+hul Em,ire Ehat was the resultM They sayAuran+aDeb lost his kin+dom because of his bi+otry but I sayit was lost because of his im,erialistic ideas If he hadnot done that, he would not have lost a kin+dom Do notthink it is easy to form a sin+le unitary *overnment bycoercin+ each and all into your fold That can not last ?oushould hold fresh elections on non@communal basis, on thebasis of $oint

electorates, and then whatever constitutionyou frame will be acce,table to us Ee re+ard theconstitution framed by you worthy of bein+ consi+ned to thewaste ,a,er basket 7 &hri 9 Das- I wish to ,oint out that under #ule 2.sub@clause "0% the motion for ad$ournment on the motionmoved by the Honourable Dr 9 # Ambedkar for theconsideration of Draft Constitution of India should not havebeen allowed by the Chair Mr !resident- I have taken this under #ule 08, Clause"8%, sub@clause "b% as a motion for ad$ournment ofconsideration of a motion which is under discussion &hri 9 Das- 9ut he is wantin+ a fresh election to take,lace first in the country That is a ne+ation of the wholeidea Mr !resident- I have liberally construed the rule forthe Honourable Member and I have taken it, as I have said,under #ule 08, Clause "8%, sub@clause "b% 9e+um AiDaD #asul "6nited !rovinces- Muslim%- &ir,before we ad$ourn for the day, may I know how many days theChair ,ro,oses to allow for the +eneral discussion on Dr AmbedkarKs motionM Mr !resident- As at ,resent advised, it is ho,ed toconclude the discussion tomorrow I will limit the time ofeach s,eaker and if I find that there is a considerableo,inion in favour of further discussion, more time may be+iven The Constituent Assembly then ad$ourned till Ten of theClock on (riday the 8th November .=3< @@@@@@@@@@@@@@@@@@@@ N 57 Translation of Hindustani s,eech A!!ENDIT LAK C'N&TIT6ENT A&&EM9)? '( INDIA C'6NCI) H'6&E, New Delhi, the 0.st 'cto ber .=3; To THE !#E&IDENT, C'N&TIT6ENT A&&EM9)? '( INDIA,

NEE DE)HI DEA# &I#, Ee, the members of the Committee a,,ointed by you inaccordance with the motion ado,ted by the ConstituentAssembly on the 2>th Culy, .=3;, for the ,ur,ose ofrecommendin+ constitutional chan+es in the five Centrallyadministered areas, viD , !anth !i,loda, Andaman and NicobarIslands, Coor+, A$mer@Merwara and Delhi, submit this ourre,ort and the anneIure thereto Ee have ado,ted broadly the,rinci,les of res,onsible +overnment as the basis of theconstitution for the three last mentioned ,rovinces Eehave, however, made some modifications in the ,rovisionsado,ted by the Assembly in res,ect of the Ma$or !rovinces 9efore formulatin+ our ,ro,osals we fully considered the,osition of these ,rovinces with res,ect to their +eo+ra,hy,financial condition and the workin+ of the eIistin+ systemof +overnment in these areas 0 !anth !i,loda is a small tract of territoryconsistin+ of only .> .G0 villa+es situated in Malwa in theCentral India A+ency In view of its small siDe and isolated,osition we have recommended that it should form ,art of the,rovince of A$mer@Merwara This ste, was also su++ested bysome influential citiDens of !anth !i,loda As re+ards the+rou, of islands in the 9ay of 9en+al known as the Andamanand Nicobar Islands which have ceased to be ,enalsettlements, we recommend that they should continue to beadministered by the *overnment of India as at ,resent withsuch ad$ustments in their administrative machinery as may bedeemed necessary 2 9efore recommendin+ any constitutional chan+es forthe three Chief CommissionersK !rovinces of Coor+, A$mer@Merwara and Delhi which we ,ro,ose to desi+nate as)ieutenant *overnorsK !rovinces, we took into account thefollowin+ considerations- @ "a% that the Centre must have a s,ecial res,onsibility for the +ood +overnment and the financial solvency of these ,rovinces"b% that on account of the smallness of these areas and the scantiness of their resources, the need for Central assistance will continue for ,ullin+ u, the standard of their administration to the level in the ma$or ,rovinces Amon+ the im,ortant decision taken by us are- @ ".% Each of these three ,rovinces should henceforth function under a )ieutenant *overnor to be a,,ointed by the !resident of the Indian (ederation

"0% Each of these ,rovinces should normally be administered by a Council of Ministers res,onsible to the le+islature as in other ,rovinces, but any difference on an im,ortant matter arisin+ between the )ieutenant *overnor and the Ministry should be referred to the !resident of the (ederation for final decision "2% Each of these ,rovinces should have an elected le+islature which should function like other ,rovincial le+islatures eIce,t that @ "a% the (ederal )e+islature will in the case of these ,rovinces, have concurrent ,ower of le+islation even in res,ect of the sub$ects included in the !rovincial )e+islative )ist/ "b% all laws ,assed by the ,rovincial le+islature shall reJuire the assent of the !resident of the (ederation/ "c% the bud+et of the ,rovince after bein+ voted by the ,rovincial le+islature shall reJuire the a,,roval of the !resident of the (ederation before it becomes o,erative 3 Ee are fully alive to the circumstances which led tothe formation of the Delhi ,rovince in .=.0 Ee alsoreco+niDe the s,ecial im,ortance of Delhi as the Ca,ital of the (ederation Ee are, however, of the o,inion that the,eo,le of the ,rovince which contains the Metro,olis ofIndia should not be de,rived of the ri+ht of self@ +overnmenten$oyed by the rest of their country@men livin+ in thesmallest of villa+es Ee have, accordin+ly, ,laced the Delhi!rovince on a ,ar with A$mer@ Merwara and Coor+e and haverecommended res,onsible *overnment sub$ect to thelimitations already indicated 'ur detailed recommendationsare +iven in the anneIure ?our sincerely, 9 !ATTA9HI &ITA#AMA??A "Chairman% N *'!A)A&EAM? A??AN*A# DE&H9AND6 *6!TA 1 &ANTHANAM C M !''NACHA M61AT 9EHA#I )A) 9HA#*A4A Members of the Committee

5ANNET6#E .7 )IE6TENANT *'4E#N'#&K !#'4INCE& Delhi, A$mer@Merwara includin+ !anth !i,loda, Coor+ andsuch other ,rovinces as may be so desi+nated shall be)ieutenant *overnorsK !rovinces The !rovincial EIecutive 0 In each !rovince there shall be a )ieutenant*overnor who shall be a,,ointed by the !resident of the(ederation 2 The ,rovisions of the Constitution Act relatin+ tothe term of office, Jualification for a,,ointment,eli+ibility for re@a,,ointment, conditions of office,declaration before enterin+ office by the *overnor shall asfar as ,ossible be a,,licable in the case of the )ieutenant*overnor He may be removed from office by the !resident on+rounds u,on which a *overnor may be im,eached 3 "i% The eIecutive authority of the !rovince shall bevested in the )ieutenant *overnor and may be eIercised byhim either directly or throu+h ,ersons actin+ under hisauthority "ii% The ,ower to sus,end, remit or to commute thesentence of any ,erson convicted of any offence shall bevested in the )ieutenant *overnor as in the case of ma$or,rovinces "iii% Nothin+ in this section shall ,revent the!resident of the (ederation or the !rovincial )e+islaturefrom dele+atin+ functions to subordinate authorities Administration of !rovincial Affairs 8 "i% There shall be a Council of Ministers with theChief Minister at the head to aid and advise the )ieutenant*overnor in the eIercise of his functions eIce,t in so faras he is by or under this Constitution reJuired to eIercisehis functions or any of them in his discretion The numberof ministers shall not eIceed three eIce,t with the a,,rovalof the !resident of the (ederation "ii% In case of difference of o,inion between the)ieutenant *overnor and his ministers on any issue which heconsiders im,ortant, he may refer the matter to the!resident of the (ederation, whose decision shall be finaland bindin+ u,on the !rovince : The ,rovisions of the Constitution Act relatin+ tothe a,,ointment, dismissal and with res,ect to thedetermination of the salaries of the ministers in the*overnorsK

!rovinces shall, as far as ,ossible, bea,,licable in the case of )ieutenant *overnorsK !rovinces )e+islative ; There shall for each of the )ieutenant *overnorKs!rovince be a )e+islature, consistin+ of a sin+le Chamber to be known as the )e+islative Assembly It shall be com,osedof members chosen by election < The term of office of the elected members of theAssembly, the basis of franchise and other +eneral,rovisions shall be on the lines as ,rovided in theConstitution Act for *overnorsK !rovinces eIce,t that there,resentation of the different territorial constituenciesin the Assembly shall be on a scale of not more than onere,resentative for every 8,>>> ,ersons sub$ect to a maIimumof 22 for Coor+, .8,>>> sub$ect to a maIimum of 3> in thecase of A$mer@Merwara includin+ !anth !i,loda and 0>,>>>sub$ect to a maIimum of 8> in the case of Delhi = The !rovincial Assembly shall not have the ,ower tomake laws for federal sub$ects/ and the sub$ects included inboth the ,rovincial and concurrent lists in the newconstitution, will be treated as concurrent in res,ect of these minor ,rovinces )aws made by the federal le+islaturefor these ,rovinces in res,ect of any of these sub$ectsshall ,revail over laws ,assed by the !rovincial Assembly inso far as the latter are inconsistent with the (ederal laws .> )aws ,assed by the !rovincial Assembly shallreJuire the assent of the !resident of the (ederation .. The ,rovisions of the Constitution Act relatin+ to,roro+ation and dissolution of the le+islature, the ri+ht of the *overnor to address and send messa+es, election ofmembers as 'fficers of the le+islature and fiIation of theirsalaries in *overnorKs !rovinces shall a,,ly mutatismutandis in the case of )ieutenant *overnorsK !rovinces .0 The !rovisions of the Constitution Act relatin+ tothe makin+ of declaration by members, vacation of seats,disJualifications of members, their ,rivile+es andimmunities, salaries and allowances, in the !rovincial)e+islatures shall be as far as ,ossible be a,,licable inthe )ieutenant *overnorsK !rovinces .2 The ,rovisions of the Constitution Act relatin+ tolan+ua+e to be used in the !rovincial )e+islature shall asfar as ,ossible be a,,licable in the case of these!rovinces Administrative 9reakdown

.3 If at any time the !resident of the (ederation issatisfied that the +overnment of the !rovince cannot becarried on in accordance with these ,rovisions, he shouldhave ,ower to su,ersede these arran+ements, take theadministration into his own hands and make such other,rovision for conductin+ it as he may consider necessary The eIercise of this ,ower will be sub$ect to the usual,rovisions relatin+ to re,ort to and control by the (ederal)e+islature in the case of emer+encies in a *overnorKs!rovince Cudiciary .8 "i% In the case of Coor+, the ,owers of a Hi+hCourt shall be eIercised by the Madras Hi+h Court "ii% (or Delhi and A$mer@Merwara there shall be a Hi+hCourt established in Delhi havin+ ori+inal as well asa,,ellate $urisdiction over both the ,rovinces Theconstitution of this Hi+h Court, the a,,ointment of $ud+esand their salaries, its $urisdiction and administrativefunctions shall be +overned by the ,rovisions of theConstitution Act a,,licable to the Hi+h Courts !rovincial &ervices .: "i% (or hi+her a,,ointments ,rovision shall be madein the recruitment of All India Administrative &ervices formeetin+ the reJuirements of these three ,rovinces "ii% !rovision shall be made for transfers inter se ofservice ,ersonnel recruited in the above manner in thesethree ,rovinces #e,resentation in the (ederal )e+islature .; Notwithstandin+ anythin+ to the contrary in the6nion Constitution re+ardin+ the basis of re,resentation forthe Houses of (ederal )e+islature, each of these three Minor!rovinces should be treated as a unit of the (ederation for,ur,oses of re,resentation in the two Houses of the (ederal)e+islature CHIE( C'MMI&&I'NE#&K !#'4INCE& .< "i% Andaman and Nicobar Islands and such otherareas as may be so desi+nated shall be the ChiefCommissionersK !rovinces "ii% The Andaman and Nicobar Islands shall continue to be administered as at ,resent with such ad$ustments in theadministrative machinery as may be deemed necessary

Additional Note by &hri Mukat 9ehari )al 9har+ava and &hri C M !oonacha, to the Chief CommissionersK !rovinces Constitution Committee #e,ort Ee, the members re,resentin+ A$mer@Merwara and Coor+havin+ si+ned the re,ort find it necessary to a,,end thisadditional note re+ardin+ the future of these two ,rovinces The s,ecial ,roblems arisin+ out of the smallness of area, +eo+ra,hical ,osition, scantiness of resourcesattended with, what may be called administrativedifficulties of many a com,leI nature may, at no distantfuture, necessitate the $oinin+ of each of these areas witha conti+uous unit Therefore, we feel that a s,ecific,rovision should be made in this cha,ter of the constitutionto make ,ossible such a union after ascertainin+ the wishesof the ,eo,le of these areas No doubt, our attention wasdrawn to clause 2 of the 6nion Constitution Committee#e,ort, which is yet to be ado,ted by the ConstituentAssembly, wherein certain ,rovisions relatin+ to thecreation of a ,rovince, alterin+ the boundaries of a,rovince, etc , are embodied 9ut after careful eIaminationwe feel that the ,ro,osed clause 2 of the 6nion ConstitutionCommittee #e,ort is of a very restrictive nature and doesnot in s,ecific terms contem,late the inclusion of an Indian!rovince of areas with a &tate or *rou, of &tates Takin+into account the situation of A$mer@Merwara which issurrounded on all sides by #a$,utana &tates such a clausewould ,er,etually leave A$mer@Merwara in isolation eventhou+h the ,eo,le of A$mer@Merwara may at any time decidea+ainst it Accordin+ly we ,ress u,on the ConstituentAssembly the ur+ency of incor,oratin+ a suitable ,rovisionin this cha,ter of the Constitution so as to make it,ossible for each of these areas to $oin a conti+uous unit No CAG.>2GConsG3; C'N&TIT6ENT A&&EM9)? '( INDIA C'6NCI) H'6&E Delhi, the 8th December .=3; To THE &EC#ETA#?, C'N&TIT6ENT A&&EM9)? '( INDIA, C'6NCI) H'6&E, NEE DE)HI EI,ert Committee on (inancial !rovisions &I#,

I have the honour to forward herewith the #e,ort of theEI,ert Committee on (inancial !rovisions of the 6nionConstitution for submission to the HonKble the !resident I have the honour to be, &ir, ?our most obedient servant, M 4 #AN*ACHA#I, Member@&ecretary #E!'#T Terms of #eference 5ANNET6#E .7 Ee were a,,ointed by the !resident of the ConstituentAssembly to eIamine and re,ort on the (inancial !rovisionsof the Constitution Act with the followin+ terms ofreference- @ I To eIamine, with the aid of the memoranda on thedistribution of revenue between the Centre and the !rovincessent by the *overnment of India and the !rovinces, theeIistin+ ,rovisions relatin+ to finance and borrowin+ ,owersin the *overnment of India Act, .=28, and their workin+durin+ the last ten years and to make recommendations as tothe entries in the lists and sections to be embodied in thenew Constitution The followin+ ,oints shall, in ,articular, be ke,t inview in makin+ the recommendations- @ "a% How are taIes to be allocated between the Centre and the 6nits as re+ards le+islation, levy and collectionM "b% Ehich are the (ederal taIes @ "i% whose net ,roceeds are to be retained entirely by the Centre/ "ii% whose net ,roceeds are to be entirely made over to 6nits/ "iii% whose net ,roceeds are to be shared between the Centre and the 6nitsM

"c% 'n what ,rinci,les the taIes mentioned in "b% "iii% are to be shared between the Centre and the 6nitsM "d% Ehat is to be the machinery for determinin+ the shares- e + , whether a (inancial Commission should be a,,ointed immediately after the enactment of the Constitution to re,ort on the ,rinci,les of sharin+ and their a,,lication to be brou+ht into effect when the Constitution comes into force/ and whether the same or a similar Commission should review these ,rinci,les and their concrete a,,lication ,eriodically, say, once in five yearsM II Ehat should be the ,rinci,les on which (ederal+rants should be made to the 6nits in futureM Ehat should bethe machinery for the determination of such +rantscouldthe same (inancial Commission as is referred to in I"d%above act as the machinery for this ,ur,ose also, or shouldit be a different oneM III How could the Indian &tates be fitted into this+eneral system as far as ,ossible on the same terms as!rovincesM &hould a time la+ be ,rovided for their bein+ sofitted inM I4 'n the assum,tion of financial res,onsibility forDefence, (orei+n Affairs and Communications on behalf of theIndian &tates under arran+ements for accession to the(ederation, what s,ecial financial arran+ements, if any, arenecessary between the accedin+ &tates and the (ederationM 4 &hould the eIistin+ ri+hts of the Indian &tates asto (ederal taIes now levied by them be acJuired on ,aymentof com,ensationM 4I How far is it feasible, on the centraliDation of all customs levied at the (ederal frontiers, to ,ermitIndian &tates affected by such centraliDation to retain such,ortion of the customs so levied at their frontiers as mi+htbe attri@ ments between the Centre and certain im,ortant Indian&tates as re+ards maritime customs, eIcises etc may be ofvalue in this connection 7 4II &ome !rovinces have claimed a lar+er ,ercenta+e of the income@taI to be made over to them than under theeIistin+ system Does this claim merit consideration/ if so,to what eItentM 4III A su++estion has been made that the Centre shouldbe allocated only the eIcises on s,ecified commodities, therest of the field of eIcise bein+ left to the !rovinces tota, accordin+ to their needs Eould this be ,ossible withoutany material detriment to (ederal revenueM IT 'n the basis that the residuary ,owers are vestedin the Centre in the new Constitution so far as the!rovinces are concerned, and in the &tates so far as

the&tates are concerned, is it necessary that any additionals,ecific taIes should be entered in the !rovincial )ist, andif so, whatM T Is it necessary to make any modifications in theeIistin+ ,rovisions as re+ards ,rocedure in financialmatters contained in &ections 22 to 2; and ;< to <2 of the*overnment of India Act, .=28M TI A lar+e number of Indian &tates at ,resent derivesubstantial revenues from land customs levied at thefrontiers between their limits and those of nei+hbourin+&tates or !rovinces 'ne of the fundamental ri+hts alreadyado,ted by the Constituent Assembly is to remove allinternal barriers in re+ard to trade between 6nit and 6nit Could these land customs be done away with eitherimmediately or over a ,eriod of years, and if so, should any,re$udice caused thereby to the finances of ,articular&tates be com,ensated and in what mannerM 5The Committee should kindly indicate clearly which ofits recommendations should +o into the body of theConstitution and which should be ,rovided for by (ederallaw 7 !refatory #emarks 0 Ee be+an our work on the .;th November and have beensittin+ continuously Ee have received memoranda from thevarious !rovincial *overnments settin+ out their claims forlar+er resources as well as their ,oints of view inconnection therewith Ee have also received a memorandumfrom the Ministry of (inance of the Central *overnment+ivin+ a ,icture of the financial ,osition of the Centre inthe near future The &ecretariat of the Constituent Assemblyhas collected for us information on various matters relatin+to the &tates, and also hel,ful information re+ardin+ other(ederations It has also ,re,ared a draft of the sectionswhich come within our terms of reference/ and this hasconsiderably hel,ed us in our work Ee are indebted for allthese memoranda, information and drafts Ee are alsoindebted to some of the !rovincial authorities who a,,earedbefore us in ,erson and discussed with us informally theJuestion arisin+ out of the memoranda ,resented by their*overnments Ee availed ourselves also of the s,ecialisedknowled+e and eI,erience of not only some of the officialsof the Central &ecretariat, but of some members of theConstituent Assembly and others who have uniJue knowled+e ofsome of the ,roblems under our consideration All ourdiscussions, however, were free and informal/ and we didnot, therefore, record any evidence, a,art from thememoranda ,laced before us 2 In ,articular, the other two of us would like to,lace on record our +rateful a,,reciation of the assistancewe have received from our collea+ue and &ecretary Mr #an+achari, who amidst his eIactin+, multifarious duties,includin+

the,re,aration of the interim bud+et, not only found timere+ularly to attend our meetin+s, but also ,laced his wideknowled+e and eI,erience at our dis,osal, and arran+ed tosecure at short notice most of the available informationreJuired by us Ee should also like to thank Mr 9 Das*u,ta of the Eest 9en+al *overnment &ecretariat for theintelli+ent and eItremely well informed assistance he +aveus Ee are also indebted to Mr Muker$ee, Coint &ecretary of the Constituent Assembly, for his hel, throu+hout oursittin+s and in ,articular for ,uttin+ our recommendationsin the sha,e of draft amendments to the Constitution 3 'ur terms of reference may be divided broadly intothe four followin+ +rou,s".% #elations between the Centre and the 6nits, and between the 6nits inter se/ "0% (inancial ,rocedure, i e relatin+ to the bud+et, eI,enditure and money 9ills/ "2% 9orrowin+ ,owers of 6nits/ and "3% #elations of the 6nion with the &tates Ee have accordin+ly, for convenience, re+rou,ed ourterms of reference as follows".% I, 4II, 4III, IT, II "0% T "2% I "3% III, I4, 4, 4I, TI and discussed them, as far as ,ossible, in the above order 9rief History of (inancial #elations 8 9efore dealin+ with the workin+ of the financialarran+ements in the *overnment of India Act, .=28, it isnecessary to +ive a brief account of the earlierarran+ements so that we can have a correct ,icture of the,roblems before us : The ,eriod before the ,assin+ of the *overnment ofIndia Act, .=28, falls into two well@defined ,arts, namely,the ,eriod endin+ with the 2.st March, .=0., i e , beforethe o,eration of the *overnment of India Act, .=.=, and the,eriod covered by that Act ; The ,rocess of financial develo,ment in this countryhas been one of evolution from a unitary to a Juasi@federalty,e The *overnment of India started as a com,letelyunitary *overnment in entire control of the revenues of thecountry with the !rovincial *overnments de,endin+ on theCentral *overnment for all their

reJuirements In theearlier years, !rovincial *overnments were +iven fiIed+rants for meetin+ the eI,enditure on s,ecific services, andthe first ste, in makin+ s,ecific sources available to themwas taken when the !rovincial *overnments were +iven thewhole or ,art of certain heads of revenue like (orest,EIcise, )icence (ees "later to develo, into Income@ taI%,&tam,s, #e+istration, !rovincial #ates, )aw and Custice,!ublic Eorks, Education, etc The funds released by thisallocation were not adeJuate for the reJuirements of the!rovinces and had to be su,,lemented, mainly by sharin+ withthem in varyin+ ,ro,ortions the main source of Centralrevenue, namely, )and #evenue, and ,artly by makin+ to themadditional cash assi+nments In .=>3, the settlements withthe !rovinces were made Juasi@,ermanent, thereby makin+ the!rovinces less de,endent on the fluctuatin+ +rants from theCentre This method of financin+ the !rovinces was eIaminedmore than once and retained as the best suited to the thencircumstances < The *overnment of India Act, .=.=, which, amon+other thin+s, aimed a +ivin+ a reasonable measure of autonomy to the !rovinces as the first ste, in the ,rocessof self@+overnment, made the first clear@cut allocation ofresources between the Centre and the !rovinces withouthavin+ any divided heads between them 6nder this Act,certain s,ecific heads were +iven wholly to the !rovincesand the remainin+ sources were retained by the Centre Thusamon+ the ,rinci,al heads of revenue, )and #evenue, EIciseand &tam,s were +iven to the !rovinces, while the Centreretained Customs, Income@taI, &alt and ',ium 'f the three+reat Commercial de,artments of *overnment, #ailways and!osts and Tele+ra,hs were retained by the Centre, whileirri+ation was handed over to the !rovinces = This allocation of resources between the Centre andthe 6nits, ,articularly the assi+nment of the whole of )and#evenue to the !rovinces, left the Central bud+et in asubstantial deficit/ and in the earlier years of thisscheme, the Centre had to de,end on the !rovinces forcontributions for balancin+ its bud+et These contributionswere fiIed by what is commonly known as the Meston Award,and were desi+ned to ,roduce for the Centre an estimatedshortfall of #s = < crores resultin+ from the rearran+ementof resources between the Centre and the !rovinces Thecontributions ran+ed from #s 23< lakhs from Madras to #s .8 lakhs from Assam, while one !rovince, namely, 9ihar and'rissa, had to make no contribution at all It isunnecessary for the ,resent ,ur,ose to describe in detailthe method by which these contributions were fiIed It isenou+h to mention that they became a source of constantfriction between the Centre and the !rovinces/ and whensubstantial !rovincial deficits occurred, an unceasin+clamor develo,ed for their withdrawal 9etween .=08 and .=0<these contributions were ,artially remitted and they werecom,letely eItin+uished in .=0= .> The eI,erience of the years under the .=.= Actclearly showed that the sources of revenue allocated to the!rovinces were inelastic, and were insufficient to meet

theincreasin+ reJuirements of the !rovinces for their eI,andin+needs for nation buildin+ services such as Education Medical #elief, !ublic Health etc , which fell almost whollyin the !rovincial field It was clear that some additionalrevenue heads had to be released to the !rovinces/ and whilethe *overnment of Inida Act .=28 did not make any radicalchan+e in the allocation of heads between the Centre and the6nits, it revived in a somewhat modified form the earlier,rinci,le of dividin+ the ,roceeds of certain Central heads,the two heads concerned bein+ Customs and TaIes on Income The Act also ,rovided for the +rant of fiIed subventions tosome of the smaller !rovinces, and +ave the Centre ,ower toraise EIcise and EI,ort duties for distribution amon+ the!rovinces and federatin+ &tates After an enJuiry into therelative needs of the Centre and the !rovinces by &ir 'ttoNiemeyer, the !rovincial shares in the divided heads ofCentral revenue and the subventions to some of the !rovinceswere fiIed by an 'rder@in@Council, which, sub$ect to amodification durin+ the war, continued till .8th Au+ust,.=3; !resent Constitutional !osition .. 6nder the *overnment of India Act .=28, which isthe startin+ ,oint of our enJuiry, the taIin+ $urisdictionsof the Central and !rovincial )e+islatures are entirelyse,arate 9ut, while the !rovinces retain the whole of thenet ,roceeds of all taIes levied by them, the Central*overnment has to +ive away either in ,art or in whole thenet ,roceeds of some of the taIes levied by it .0 The taIes, the net ,roceeds of which are to be+iven away wholly to the !rovinces, if levied, are @ ".% (ederal Estate and &uccession duties "0% (ederal &tam, duties, "2% Terminal TaIes on +oods and ,assen+ers carried by #ailway or Air "3% TaIes on #ailway fares and frei+hts The Centre can levy a surchar+e on those taIes entirelyfor its own ,ur,oses None of these taIes has in fact beenlevied, eIce,t that the (ederal &tam, duties continue to belevied under the old laws, the duties however bein+collected and retained by the !rovinces .2 The (ederal TaIes, the net ,roceeds of which are to be shared with the !rovinces, fall into two +rou,s- @ ".% taIes, the sharin+ of the net ,roceeds of which has been made obli+atory by the Constitution viD , income@taI and $ute eI,ort duty

"0% taIes, the sharin+ of the net ,roceeds of which has been left to be determined by the (ederal )e+islature viD , Central EIcises includin+ duty on salt, and eI,ort duties eIce,t on $ute and $ute ,roducts The Central )e+islature has levied certain taIes under these heads, but has not ,rovided for +ivin+ any share to the !rovinces .3 9esides ,rovidin+ for +ivin+ away the net ,roceedsof taIes in whole or in ,art to the !rovinces, theConstitution also ,rovides for fiIed +rants@in@aid to some!rovinces .8 There is also a +eneral ,rovision for +ivin+ +rantsto !rovinces at the discretion of Central *overnment eitherfor +eneral or s,ecific ,ur,oses .: Two tables showin+ the Constitutional ,osition inres,ect of the revenues of the (ederal and !rovincial*overnments res,ectively under the *overnment of India Act,.=28, will be found in A,,endiI I Ee are indebted to Mr Ayyan+arKs commentary on the *overnment of India Act, .=28,for these tables #eview of (inances of !rovinces and the Centre .; Two tables +ivin+ the financial ,osition of the!rovinces and the Centre durin+ the year .=2;@2< to .=3:@3;are set out in A,,endiI II In considerin+ the workin+ of the eIistin+ arran+ements durin+ the last decade, the mostim,ortant ,oint to note is that war broke out soon after the*overnment of India Act, .=28, came into o,eration .< Durin+ the war, all !rovinces eIce,t 9en+al andAssam had sur,lus bud+ets #evenue recei,ts increasedseveral times, mainly on account of wartime conditions andalso because the !rovinces levied a number of new taIes andincreased the rates of eIistin+ ones/ there were remarkableincreases in recei,ts under !rovincial, i e , )iJuor andDru+s, EIcises, and in the !rovincial share of Income@taI Most !rovinces were under &ection =2 administration Alldevelo,ment work was sto,,ed The !rovinces are now facedwith a heavy ,ro+ramme of eI,enditure without anycorres,ondin+ increase in revenue 'n the contrary, evena,art from voluntary abandonment of revenue as in the caseof )iJuor EIcises, the revenue is likely to +o down muchbelow wartime levels )and revenue, both in the ,ermanentlyand tem,orarily settled ,rovinces, is not likely to eI,and &tate ,urchases of Damindaries will not brin+ any return foryears to come In ryotwari !rovinces, remissions are likelyto be more liberal than before, and there is thus little,ros,ect of an increase in land revenue #ecei,ts fromstam,s and re+istration fees are not likely to increasemuch, while forest revenue will ,erha,s dwindle on accountof lar+e scale fellin+ durin+ the war #ecei,ts from salestaI, entertainment taI may not fall, thou+ht they will bebelow the war@time ,eak for some time to come

.= Durin+ the war and after, most of the !rovincial*overnments have ,ractically eIhausted the entire field oftaIation reserved for them Moreover, !rovincial *overnmentshave to share the !rovincial field with )ocal 9odies, and onthat account too, need adeJuate resources A substantialtransfer of revenues from the Center to the !rovinces,therefore, seems inevitable, if essential and overdue,ro+rammes of social service and economic develo,ment haveto be undertaken 0> At this sta+e, we would refer to the ado,tion, bymost !rovincial *overnments, of a ,rohibitionist ,olicy/ andof the inevitable loss of substantial revenue by all of them 'bviously, it is for the ,rovinces to find alternative,rovincial resources from which to recou, the loss/ and incase, it any case, it would not be ,racticable for ,rovincesto eI,ect sufficient assistance from the Center for this,ur,ose, at any rate for many years The ,oint that we wishto em,hasise is that it will be for the ,rovincial*overnment to balance the ur+ency of schemes of develo,menta+ainst the advisability of social reforms like ,rohibition,and that in any case, they must not embark on schemes,whether of reform or develo,ment, de,endin+ merely on the,ossibility of obtainin+ assistance automatically from theCentre 0. To turn now to the Centre, it has been workin+ ondeficit bud+ets The lar+e sur,luses that were eI,ectedsometime a+o have not been, and are not likely to berealised, mainly because of the food shorta+e, the refu+ee,roblem and other causes arisin+ out of the ,artition of thecountry, ,articularly, continued heavy eI,enditure onDefence These are, however, tem,orary ,roblems, and weconsider that the financial ,osition of the Centre isessentially sound As these tem,orary ,roblems are solved,the bud+etary ,osition of the Centre will necessarily +etbetter There is sco,e for im,rovement in the administrationof Central taIes, and ,articularly of taIes on income Inres,ect of taIes on income, it should be ,ossible for theCentre not only to collect more in future in the ordinarycourse every year, but to secure for the eIcheJuer, byle+islative chan+es, if necessary, the lar+e sums that arebelieved to have been successfully ke,t back from the*overnment in recent years Ee do not, however, eI,ect anya,,reciable chan+e under Customs and EIcise/ and we do noteI,ect #ailway contributions on anythin+ like the scaledurin+ the war Even after the tem,orary ,roblems referredto above have been solved, eI,enditure on Defence and(orei+n Affairs would still be substantial The Defence&ervices will ,robably be reor+anised and re@eJui,,ed, andit is not ,ossible to foresee what would be the scale ofeI,enditure for ,ro,erly eJui,,ed defence services even on a,eace@time basis There is little ,ros,ect on the other handof reduction in the service of the national debt but thereis, however, sco,e for reduction in the eIistin+ civileI,enditure 00 The ,roblem before us is how to transfer from theCentre to the ,rovinces, sufficient amount which, while not,lacin+ too +reat a strain on the Centre, would ,rovideadeJuate resources for the inau+uration of useful schemes ofwelfare and

develo,ment by the !rovinces Ehile the Centre,on its ,resent basis, may not be in a ,osition to ,art withsubstantial sums, we fell that with the resolution of itstem,orary difficulties and im,rovement in its taIadministration, to+ether with the levy and collection oftaIes evaded in the ,ast, it can with no serious risk to itsown bud+et ,art with siDable sums every year Ee aresu++estin+ later in detail how these sums should bere+ulated Ee have already referred to the need for!rovinces havin+ clear ,riorities as between contendin+demands for money, and we have no doubt that the !rovinceswill in the earlier years utilise the additional resourcesnow ,laced at their dis,osal by concentratin+ on schemesthat would add to the ,roductive ca,acity of the country andconseJuently the income of the ,eo,le and thus enable the,rovinces to embark on further schemes of reform anddevelo,ment 02 Every !rovince has drawn ,ointed attention to theur+ency of its ,ro+rammes of social service and economicdevelo,ment and to the limited nature of its own resources,both eIistin+ and ,otential, and all of them have asked forsubstantial transfer of revenues from the Central sources Asummary of the detailed su++estions made by them, which veryconsiderably, is set out in A,,endiI III 03 'n the Juestion of a,,ortionment of income@taIamon+ !rovinces also, the ,rovinces differ widely in theirviews 9ombay and Eest 9en+al su,,ort the basis ofcollection or residence, the 6nited !rovinces that of,o,ulation, and 9ihar a combined basis of ,o,ulation andori+in ",lace of accrual%/ 'rissa and Assam want wei+hta+efor backwardness East !un$ab, while su++estin+ no basis,wants her deficit of #s 2 crores somehow to be met 08 In the case of eIcise taIes, the bases su++estedare ,roduction, collection, consum,tion and ,o,ulation,while Assam su++ests some wei+hta+e for its low level ofrevenue and eI,enditure Assam has further ,ressed fors,ecial treatment of eIcises collected on wastin+ assets,e + , the ,etroleum raised in Assam Assam also wants a shareof the eI,ort duty on tea *eneral 'bservations 0: 9efore we ,roceed further we would make a few+eneral observations India has federal form of *overnment, and everyfederation is based on a division of authority and involvesa certain amount of com,romise In this country, federationhas been the result of +radual devolution of authority Ithas not come into eIistence throu+h a+reements amon+soverei+n &tates as in some other federations 0; Ehat we have to do is to distribute the totalavailable resources amon+ (ederal and !rovincial *overnmentsin adeJuate relation to the functions im,osed on each/

so,however, that the arran+ements are not only eJuitable inthemselves and in the interests of the country as a wholebut are also administratively feasible Ee have also toensure that there is not too violent a de,arture from thestatus Juo, and also to see that while we have as muchuniformity as ,ossible, weak 6nits are hel,ed at least tomaintain certain minimum standards of services 0< The basic functions of a (ederal *overnment areDefence, (orei+n Affairs and the service of the bulk of thenational debt, and they are all eI,ensive functions,,articularly in the li+ht of the limited resources of thecountry The head HCommunicationsH would ordinarily at least,ay for itself The (ederal *overnment may also have toassume leadershi, in the co@ordination and develo,ment ofresearch and hi+her technical education Normally, however,a,art from war or lar+e scale internal disorder, theeI,enditure of the Centre should be com,aratively stable The needs of the !rovinces are in contrast, almostunlimited, ,articularly in relation to welfare services and+eneral develo,ment If these services, on which theim,rovement of human well@bein+ and increase of thecountryKs ,roductive ca,acity so much de,end, are to be,ro,erly ,lanned and eIecuted, it is necessary to ,lace atthe dis,osal of !rovincial *overnments adeJuate resources of their own, without their havin+ to de,end on the variablemunificence or affluence of the Centre The !rovinces must,therefore, have as many inde,endent sources of revenue as,ossible 'n the other hand, it is not ,racticable toau+ment their revenues to any considerable eItent by addin+more sub$ects to the !rovincial )e+islative )ist, withoutsimultaneously u,@settin+ the eJuilibrium of the Centre Eecannot, therefore, avoid divided heads/ and what we have toaim at is to have only a few divided heads, wellbalanced and hi+h@yieldin+, and to arran+e that the sharesof the Centre and the !rovinces in these heads are ad$ustedautomatically without friction, or mutual interference 0= In this country the lack of sufficient economic andfinancial statistics and other similar data is a +reathandica, Therefore, the allocation of resources has to bemade lar+ely on the basis of a broad $ud+ment, at any rateuntil the necessary data become available Ee attach +reatim,ortance to the collection of these statistics and toconnected research, and trust that the *overnment will makethe necessary arran+ements without delay In the meantime wehave made our recommendations on the best $ud+ment we could+ive to the eIi+uous data available )ists of taIes for the Centre and the 6nits 2> Ee recommend no ma$or chan+e in the list of taIesin the (ederal )e+islative )ist as recommended by the 6nion!owers Committee Ee however, recommended the substitutionof the limit of #s 08> for #s 8> in clause 0>> of theDraft Constitution relatin+ to taIes on ,rofessions, trades,callin+s and em,loyments Ee observe from the Draft Constitution that it has been ,ro,osed to transfer to

the(ederal )e+islative )ist stam, duty on transfer of sharesand debentures, but we ,resume that the duties will continueto accrue to the !rovinces In view of the far@ reachin+effects on ,ublic credit and finance of &tock EIchan+etransactions, we consider that the Centre should have the,ower to le+islate for the re+ulation of such transactions If such re+ulation involves the levy of taIes, we recommendthat such taIes should be retained by the Centre eIce,t thatif the taIes take the form of mere duties on transfers ofshares and debentures, the !rovinces should have theseduties $ust like other &tam, duties Ee accordin+lyrecommend the entry in the (ederal )e+islative )ist of a newitem H&tock EIchan+es and futures market and taIes otherthan &tam, duties on transactions in themH 2. In the list of taIes in the !rovincial )e+islative)ist, we recommend the followin+ chan+es- @ ".% In entry 32, the words Hhearths and windowsH may bedeleted &uch taIes are not likely to be levied In anycase, they would be covered by the word Hbuildin+sH "0% In entry 82, the word HcessesH should, we think, bere,laced by the word HtaIesH "2% &imilarly, in entry 8:, we would substitute theword HtaIesH for the word HduesH "3% In entry 8>, we would make the followin+ chan+es- @ "a% for the word HsaleH, we would substitute Hsale, turnover or ,urchaseH, in order to avoid doubt "b% Ee would also add words such as Hincludin+ taIes in lieu thereof on the use or consum,tion within the !rovince, of +oods liable to taIes by the !rovince on sale, turnover or ,urchaseH This addition is su++ested in order to ,revent avoidance by im,ortin+ for ,ersonal use from outside the ,rovince 20 'ne of the !rovincial Memoranda has su++ested thatthe entry H&tate )otteriesH should be transferred to the!rovincial )ist, but, as we do not wish to encoura+e &tate)otteries, we should ,refer the sub$ect to remain Centralwhere, too, we ho,e, it will not be used &hares in certain taIes 22 Ee have no new items to su++est for insertion inthe !rovincial )e+islative )ist 23 The (ederal *overnment will levy and collect allthe taIes in the (ederal )e+islative )ist 9ut, accordin+ toour recommendations in the followin+

,ara+ra,hs the Centrewill retain the whole of the net ,roceeds of the followin+taIes only, viD - @ ".% Duties of customs, includin+ eI,ort duties "0% TaIes on ca,ital value of assets and taIes on the ca,ital of Com,anies "2% TaIes on #ailway fares and frei+hts 28 At ,resent, the Central *overnment shares the net,roceeds of the Cute EI,ort duties with the $ute@+rowin+!rovinces and has to hand over to the !rovinces the whole of the net ,roceeds of taIes on railway fares and frei+hts, iflevied As re+ards the latter, we recommend that, if suchtaIes are to be levied at all, they should be whollyCentral, for, we cannot see any difference in substancebetween such taIes and a strai+ht addition to fares andfrei+hts As re+ards the former we are of the o,inion thatan eI,ort duties are ca,able of very limited a,,lication andhave to be levied with +reat caution, they are unsuitablefor sharin+ with the !rovinces 2: It is necessary, however, to com,ensate the!rovinces concerned for the loss of this item of revenue andwe recommend that, for a ,eriod of .> years or till theeI,ort duties on $ute and $ute ,roducts are abolished,whichever may be earlier, fiIed sums as set out below be,aid to these *overnments as com,ensation every year !#'4INCE AM'6NT #s Eest 9en+al .>> lakhs Assam 9ihar 'rissa .8 ,, .; ,, 2 ,,

In arrivin+ at these fi+ures which we have based on thefi+ures of ,re@war years, we have taken all relevantcircumstances into account, and in ,articular theconcentration of manufacture in Eest 9en+al If at the endof ten years, which we think should be sufficient to enablethe !rovinces to develo, their resources adeJuately, the!rovinces still need assistance in order to make u, for thisloss of revenue, it would no doubt be o,en to them to seek+rants@in@aid from the Centre, which would be considered ontheir merits in the usual course by the (inance Commission

2; 'f the remainin+ (ederal TaIes, we recommend thatthe net ,roceeds should be wholly or ,artly +iven away tothe !rovinces as indicated below2< 6nder the ,resent arran+ement the !rovinces receive8> ,er cent of the net ,roceeds of income@taI, eIce,t whatis attributable to Chief Commissioner, !rovinces and taIeson federal emoluments The net ,roceeds of the Cor,orationTaI are also eIcluded for the ,ur,ose of the sharin+ &ub$ect to what we have said in ,ara+ra,h 3= re+arduin+ taIon a+ricultural income, we recommend that, while the net,roceeds attributable to Chief CommissionersK !rovincesshould be retained wholly by the Centre, the otherreservations should +o, and that the !rovinces should +etnot less than :> ,er cent of the net ,roceeds of all incometaI includin+ the net ,roceeds of Cor,oration TaI, and taIeson federal emoluments (or the ,ur,ose of the division,income@taI will mean any levy made under the authority of the entry HTaIes on IncomeH in the (ederal )e+islative )ist 2= Ee also consider that over and above its share inthe net ,roceeds retained by it normally, the Centre shouldbe em,owered to levy a surchar+e whenever conditions reJuiresuch a levy/ obviously such occasions should be rare are notlast for unduly lon+ ,eriods 3> EIcise duties are ordinarily closely connected withcustoms duties and, barrin+ liJuor and dru+ eIcises, whichwe consider, should continue to remain !rovincial areinherently not suited for ,rovincial taIation 'n the otherhand, they are only a s,ecies of consum,tion taIes of whichanother s,ecies namely, sales, turnover and ,urchase taIeshave been the sub$ect of ,rovincial taIation for some time The Memoranda received by us from the !rovincial *overnmentsare almost unanimous in demandin+ some share under eIcises/and our ,roblem is to find not only more resources for theunits but to make their revenues more balanced If it was,ossible to have eIcises on commodities not sub$ect toCustoms duties "whether revenue or ,rotective% or notcom,etin+, or ca,able of com,etin+ with, or of substitutionfor, commodities sub$ect to customs duties, e + , on rice orwheat or millets or on $ute and $ute +oods consumed inIndia, we see no reason why such eIcises or a share thereofshould not be allotted to the units, a,art from the +eneral,olitical ob$ection to the division of heads, viD , thedivorce of benefit from res,onsibility 9ut such eIcises arenot likely to be levied A+ain, it is obvious that EIciseduties on commodities sub$ect to a ,rotective tariff or evena hi+h revenue tariff could not be conveniently shared Inthe circumstances, the utmost that we can su++est by way of assistance in this res,ect to the !rovincial *overnments isto hand over to them a share of one of the im,ortant CentralEIcises on a commodity not receivin+ tariff ,rotection,viD , Tobacco Incidentally, the effective administration ofthis eIcise reJuires the active co@o,eration of !rovincial*overnments, which would be better forthcomin+ if they had ashare in the taI Ee are averse to +ivin+ the units a sharein too many Central EIcises/ for, such an arran+ement wouldnot only ma+nify the ,olitical ob$ection of benefit withoutres,onsibility but lead to

administrative inconvenience,since the rates could not be altered eIce,t by the consentof all the beneficiaries Ee accordin+ly recommend that 8> ,er cent of the net,roceeds of the eIcise duty on tobacco should not form ,artof the revenues of the (ederation but should be distributedto the !rovinces 3. It will be seen from what has been said above thatwe are not in favour of the su++estion made in item 4III of the Terms of #eference, viD , that the Centre should beallocated only the eIcises on s,ecified commodities, therest of the field of eIcise bein+ left to the !rovinces 30 These duties cannot be administered satisfactorilyeIce,t by or in the closest touch with the income@taI staff/and in any case, if the Centre is to ,art with a substantialamount of taIes on income and also a ,art of certain CentraleIcises, it is a,,ro,riate that it should +et a share of theestate and succession duties This will also +ive to the(ederal *overnment a direct interest in the duty &ub$ect towhat we have said in ,ara+ra,h 3= about taIes ona+ricultural ,ro,erty, we recommend that not more than 3>,er cent of the net ,roceeds of such duties should beretained by the Centre 32 Ee recommend the continuance of the status Juo,i e , the le+islation in res,ect of the duties on thes,ecified documents should be Central but !rovinces willcollect and retain the duties 33 These taIes are not suitable eIce,t for ,urelylocal ,ur,oses, i e , for the benefit of munici,alities,,il+rim funds, etc , but they can be conveniently levied andcollected only by the Centre The eIistin+ ,rovisions maystand *rants@in@Aid and &ubventions 38 Item II of our terms of reference refers to *rants@in@aid Assam and 'rissa now +et fiIed subventions of #s 2>and #s 3> lakhs ,er annum, res,ectively Therecommendations that we have made for the increase in the!rovincial share of income@taI and the transfer of a sharein the eIcise on tobacco will increase their revenuessubstantially like those of other !rovinces Even so,however, we have little doubt that these two !rovinces willstill reJuire fiIed subventions on hi+her scales than at,resent The ,osition of East !un$ab is ,eculiar Everythin+there is unsettled, and it will take some time for thin+s tosettle down It is clear, however, that this !rovince willreJuire a substantial annual subvention for some time tocome

The ,osition of Eest 9en+al is uncertain, and it is notclear how her finances will sha,e as a result of the,artition The liability that she will have to take over asa result of the ,artition is not yet known All told,however, she will ,erha,s need some tem,orary assistance 3: (or lack of time and data, we have not been able toassess the subventions reJuired by these four !rovinces Ee,therefore, recommend that the Central *overnment shouldimmediately take u, the Juestion so that the amountsreJuired by each of these !rovinces may be determined intime The amounts should be sub$ect to ,eriodical review bythe (inance Commission to which we refer later 3; Ee have su++ested elsewhere that till the (inanceCommission has been able to recommend a better basis ofdistribution, a ,art of the divisible ,ool of income@ taIshould be used in order to miti+ate hardshi, in individualcases The ,rovision also contains an element of +rants@in@aid 3< It is clear that durin+ the develo,mental sta+es of the country it will be necessary for the Centre to makes,ecific ,ur,ose +rants to the !rovinces from time to time The ,rovisions of clause 0>2 of the Draft Constitution seemto be adeJuate for the ,ur,ose Ee have considered theJuestion whether, as in Australia, +rants should be made inorder to eJualise, or at any rate to reduce the dis,aritybetween the levels of services and of severity of taIationin the different ,rovinces There is undoubtedly somethin+attractive in seekin+ to brin+ u, the backward units atleast to Lavera+eK standards, both in effort "severity oftaIation% and in ,erformance "standards of services% InAustralia, the maIimum difference between the levels is saidto be of the order of 0> ,er cent and the number of unit&tates is small In India, on the other hand, as for eIam,lein the 6 & A , the difference in the levels is very wide andthe number of units lar+er when accedin+ &tates come intothe ,icture In such a back+round Lavera+esK would be meremathematical conce,ts totally unrelated to actual facts 'nthe other hand, even in a (ederation of autonomous units,there is a +reat deal to be said for hel,in+ the less,ros,erous units to come u, to the level of the more,ros,erous ones As in all such matters we must take arealistic decision with reference to the conditions in ourcountry Ehile we do not recommend the ado,tion in thiscountry of the Australian system, we have no doubt that theCentre, when distributin+ s,ecific ,ur,ose +rants underclause 0>2 of the Draft Constitution, will bear in mind thevaryin+ circumstances in the different !rovinces 3<@A &ection .== of the Draft Constitution ,rovidesfor s,ecial assistance to Assam in res,ect of eI,enditurefor ,romotin+ the welfare of the scheduled tribes in the!rovince Ee a+ree with this ,rovision It has beenre,resented to us on behalf of 'rissa that a similar,rovision should be made for assistin+ her to develo, thebackward areas of the !rovince In the absence of any data,we have been unable to assess the measure of assistance, ifany, reJuired by this !rovince, and we

content ourselveswith eI,ressin+ the view that if the Central *overnment,after a due eIamination of the Juestion in all its as,ects,decide the s,ecial assistance is necessary it should be,rovided on adeJuate scale TaIes on A+ricultural Income and !ro,erty 3= It is obvious that the taIation of a+riculturalincome by the !rovinces, while all other income is taIed bythe Centre, stands in the way of a theoretically soundsystem of income@taI in the country Ee should, therefore,have liked to take this o,,ortunity to do away with thisse+re+ation In view of the ease with which the ori+in of a+ricultural income can be traced, it could be arran+ed thatthe taI from such income, even thou+h levied and collectedby the Centre as ,art of an inte+rated system of income@taIes, should be handed back to the !rovinces/ and it couldbe further arran+ed that till such time as the Centre infact levied a taI on a+ricultural income, the !rovincesalready levyin+ this taI mi+ht continue to levy it withoutrestriction and with full ,ower to vary the rates of taI The interests of !rovinces could thus be fully ,rotected,and there could, therefore, be no financial ob$ections fromthem 'n the other hand, the ,resent arran+ement has the,olitical merit of kee,in+ to+ether in one ,lace bothbenefit and res,onsibility, a rather im,ortant ,oint, seein+that the !rovinces will have full control over but fewim,ortant heads of revenue A few ,rovinces have, in fact,levied the taI and are administerin+ it for some time !erha,s also, the !rovinces can administer this ,articulartaI with +reater Lfacility than the Centre (or the ,resent,therefore, we have decided to continue the status Juo, but,in view of the im,ortance of the matter, would recommendthat the !rovinces should be consulted at once and if ama$ority, includin+ of course those now levyin+ the taI,a+ree, taI on a+ricultural income may be omitted from the!rovincial )ist of sub$ects, conseJuential chan+es bein+made elsewhere in the Constitution 'ur fore+oin+ remarksa,,ly mutatis mutandis to &uccession and Estate Duties ona+ricultural ,ro,erty also Division of ,roceeds of #evenue between !rovinces 8> Income@taI @ As re+ards the basis of distributin+between !rovinces the share of ,roceeds from taIes onincome, we are of the o,inion that no sin+le basis wouldlead to eJuitable results 'ri+in or locus of income is nodoubt relevant, but in the com,leI industrial and commercialstructure of modern times, where a sin+le ,oint of controloften re+ulates a vast net@work of transactions, where theraw materials come from one ,lace, are ,rocessed in another,manufactured in a third, marketed wholesale in a fourth andultimately sold in retail over a lar+e area, contracts aremade at ,laces different from where they are ,erformed,money is ,aid in at one ,lace and +oods delivered at anotherand more than one of these sta+es relate to the same taI@,ayer the assi+nment of a share of ,rofits to each sta+e canonly be em,irical or arbitrary

8. A+ain, the residence of the taI@,ayer is anim,ortant factor, but a,art from the artificial le+aldefinition of residence for income@taI ,ur,oses/ the,redominance of $oint stock enter,rise in business, thedis,ersion of the shareholders of com,anies all over thecountry and even outside, the ,ossibility "emer+in+ from theartificial definition% of simultaneous residence in morethan one area, the non@assessment "due to various reasons%of a lar+e number of shareholders, and the absence of authoritative, i e , tested, information in the income@taIrecords as to the ,rovince of a residence of a resident ofIndia "for, today, it is immaterial to the Income@ taIDe,artment in which ,articular !rovince on assessee isresident%, all these to+ether make this criterion ofresidence a difficult factor to a,,ly in ,ractice indistributin+ the ,roceeds of the taI Even if thestatistical difficulties were +ot over, residence could bechan+ed at the will of the taI@,ayer 80 Another ,ossible criterion is the ,lace ofcollection This ,lace is usually the ,rinci,al ,lace ofbusiness of the taI@,ayer, or his residence, if he is notcarryin+ on a business or ,rofession The ob$ection to thisfactor is that it is unfair to the areas of ori+in and salewhich it com,letely i+nores, while it +ives far too muchwei+ht to the ,lace of control of a business, which isusually, thou+h not necessarily, the ,lace of collection Moreover, even more than in the case of residence, the ,laceof collection can be easily altered at the will of the taI@,ayer 82 Another ,ossible basis is that of needs, i e , theshares would be re+ulated somewhat like +rants@in@aid, andrather than +o into elaborate enJuiries for this ,ur,ose,the ,o,ulation of a !rovince could be taken as a rou+hmeasure of its needs The ob$ection to this basis is that aLshareK is somethin+ to which a !rovince is entitled becauseits citiDens or thin+s have in some measure contributed tothe fund, while a +rant is somethin+ +iven to it withoutre+ard to its contribution to the Centre or to any common,ool 83 Ee have said enou+h to show the difficulties of the,roblem, but the difficulties have somehow to be faced andmet, unless we kee, the whole of the taIes on income asCentral and ,ermit !rovinces simultaneously to levy a!rovincial income@ taI on the basis of ori+in In our o,inionthe latter course is not feasible in the circumstances ofthis country even if $ustifiable in theory/ and ,endin+enJuiry by the (inance Commission the settin+ u, of which wesu++est later, we have no choice eIce,t somehow to make thedistribution on as eJuitable a basis as can be devised inthe circumstances 88 Ee ,ro,ose to ,roceed on the basis of collection aswell as ,o,ulation and also to make some ,rovision forad$ustment on the basis of need Ee recommend that the!rovincial share, i e , :> ,er cent of the net ,roceeds bedistributed amon+ the !rovinces, as follows- @ 0> ,er cent on the basis of ,o,ulation

28 ,er cent on the basis of collection 8 ,er cent in the manner indicated in ,ara+ra,h 8: @ @ @ @ @:> @ @ @ @ @ (or the distribution of the first two blocks,,o,ulation fi+ures of the ,revious census and collectionfi+ures as certified by the Auditor@*eneral should beacce,ted as authoritative 8: The third block of 8 ,er cent should be utilisedby the a,,ortionin+ authority as a balancin+ factor in orderto miti+ate any hardshi, that may arise in the case of,articular !rovinces as a result of the a,,lication of theother two criteria/ in distributin+ this block it would beo,en to the authority to take into account all relevantfactors EIcise duty on Tobacco 8; In our view, the most eJuitable method ofdistributin+ this duty is on the basis of estimatedconsum,tion Ee have no doubt that the *overnment will takeste,s to obtain necessary statistical information if it isnot already available Estate and &uccession TaIes 8< These taIes have not so far been levied 'ne of thehurdles to be crossed before they can be levied is thedetermination of the manner of distribution of the net,roceeds amon+ !rovinces 6ntil the taIes are actuallylevied and collected for some time, no data about theirincidence will be available Hence, the levy will have tostart with some a ,riori basis of a,,ortionment amon+!rovinces Ee accordin+ly recommend that until the (inanceCommission is in a ,osition to evolve a better method on thebasicof data available to it, the net ,roceeds should bedistributed amon+ the !rovinces as follows- @ The net ,roceeds attributable to real ,ro,erty @ 'n thebasis of the location of the ,ro,erty 'f the balance @ ;8 ,er cent on the basis of the residence of thedeceased/ 08 ,er cent on the basis of the ,o,ulation of the!rovince The administration and distribution of these taIeswould, in the ordinary course, fall on the Central 9oard of#evenue, but it would be necessary to em,ower an a,,ro,riateauthority to ad$udicate in the case of dis,utes between!rovinces as to the residence of individuals

Effect of the ,ro,osals 8= The net effect of all our recommendations to+etheris that, on the ,resent basis of revenue, the Centre willhave to transfer to the !rovinces a sum of the order of #s 2> crores annually It will recover a ,art of this loss bythe im,osition of the Estate and &uccession Duties, of thenet ,roceeds of which it will retain 3> ,er cent Ee believethat it will not be beyond the ca,acity of the Centre to,art with this amount annually durin+ the neIt five years,thou+h it must cause some strain, while at the same time thetransfer will enable the !rovinces to start their ,ro+rammeof essential social services and economic develo,ment :> In our recommendations re+ardin+ the distributionof ,roceeds of taIes amon+ the !rovinces, we have not only,roceeded on more than one basis, but have ,rovided for anelement of fleIibility in order to miti+ate hardshi, Eehave also ,rovided for a ,eriodical review so that themethod of a,,ortionment can be ada,ted to chan+in+conditions from time to time on the basis of eI,erience Eehave further ,rovided for +rants@in@aid both to the weaker!rovinces and to !rovinces in difficulty :. Ee have also tried to make the whole arran+ement asautomatic and free from interference as ,ossible The basicfeatures of the scheme will be embodied in the Constitutionitself, while ,eriodic chan+es will be made by the !residenton the recommendation of the (inance Commission, which weho,e will command the confidence of all As freJuent chan+esare undesirable, we have recommended a five@yearly review,thou+h in s,ecial circumstances the (inance Commission mayembark on a review at a shorter interval The !rovinces willnow be sure of their ,osition and can +o ahead with their,lans :0 It is needless for us to add that to the eItentthat the Centre transfers its resources to the !rovinces inthe sha,e of new or increased shares in revenue, its abilityto +ive +rants to the !rovinces for s,ecific or other,ur,oses must be corres,ondin+ly reduced :2 Ee may not have been able in our ,ro,osals tosatisfy everybody or to ,rovide for every contin+ency thatmay ,ossibly arise in the future, but we have tried to dothe best ,ossible under the circumstances (inance Commission :3 (or reasons already stated, our recommendation asto the initial basis of a,,ortionment amon+ !rovinces is notintended to be ,ermanent Conditions may chan+e The workin+of the scheme for some time will in itself ,roduce some datathat would indicate the nature and direction of the chan+esreJuired It is necessary, therefore, to have a ,eriodicalreview of the whole ,osition by a neutral eI,ert authority

:8 Ee recommend for this ,ur,ose, amon+ others, thea,,ointment of a hi+h level Tribunal of five membersincludin+ a Chairman who has been, or is, holdin+ hi+h$udicial office, not lower than that of a Cud+e of a Hi+hCourt This Tribunal may be called the (inance Commission There may not ordinarily be enou+h work for the Commissionto kee, it busy continuously, and the members need not,therefore, devote their whole time to the work The membersshould be a,,ointed by the !resident in his discretion ifonly because a Commission of this kind would have freJuentlyoccasion to deal with ,oints of conflict between the Centreand the 6nits Ehile we would not lay down any conditions inthe &tatute as to how these members should be selected, werecommend that two should be selected from a ,anel ofnominees of 6nits *overnments and two others from a ,anel ofnominees of 6nits *overnments and two others from a ,anel ofnominees of the Central *overnment, the Chairman bein+selected by the !resident himself 'ne at least of the fiveshould ,ossess close knowled+e of the finances and accountsof *overnments, while another at least should have a wideand authoritative knowled+e of economics, It would be anadvanta+e if one or more were ,ublic men with videeI,erience it would be further advanta+e if a member,ossessed more than one Jualification, and ste,s should betaken to secure the services of such individuals Thea,,ointments mi+ht be made for 8 years and be renewable foranother five years :: 9etween now and the settin+ u, of the (inanceCommission, we recommend that the Central *overnment shouldtake ste,s in consultation with the !rovinces, to collect,com,ile and maintain statistical information on certainbasic matters such as the value, volume and distribution of,roduction, the distribution of income, the incidence oftaIes, both Central and !rovincial, the consum,tion ofim,ortant commodities, ,articularly those that are taIed orlikely to be taIed, etc The (inance Commission, when setu,, would then have some basic information to +o u,on, andwould no doubt call for such further information as it mayneed It would also, to the eItent necessary, arran+e forcontinuous eIamination and research in res,ect of allim,ortant matters :; The (inance Commission should be entrusted with thefollowin+ functions- @ "a% To allocate between the !rovinces, the res,ective shares of the ,roceeds of taIes that have to be divided between them/ "b% To consider a,,lications for +rant@in@aid from !rovinces and re,ort thereon/ "c% To consider and re,ort on any other matter referred to it by the !resident :< Ehile these cate+ories would eIhaust the duties of the Commission, it should be o,en to the Commission to makeany recommendations it may think eI,edient in the course of the dischar+e of these duties It may, for eIam,le, su++esta

variation in the heads of revenue assi+ned to the!rovinces, i e , the transfer of new heads or the withdrawalof eIistin+ heads, or increases in the shares of eIistin+heads or a reduction in these shares In makin+ all suchrecommendations, the Commission will take into account allrelevant matters, includin+ the state of finances of theCentre Its recommendations, in so far as they do notinvolve any chan+e in the Constitution, would, when acce,tedby the !resident, be +iven effect to by him by order, whilerecommendations involvin+ a chan+e in the Constitution, ifsimilarly acce,ted by him, would be dealt with like anyother ,ro,osed amendment to the Constitution := The CommissionKs first function would be of thenature of an arbitration, and therefore, the CommissionKsdecisions will be final As re+ardsone second function, we have no doubt that therecommendation of the Commission in res,ect of +rants@ in@aidwould be +iven the utmost wei+ht by the !resident and notordinarily de,arted from by him ;> The basis for the allocation of revenues referredto in item "a% should ordinarily be settled by theCommission at intervals of five years, but it should be o,ento the Commission to shorten the interval if it feelssatisfied in s,ecial circumstances that such shortenin+ iscalled for ;. Ee would further recommend, in order to save time,that the (inance Commission may be set u, in advance of thecomin+ into effect of the Constitution, and its statusre+ularised after the Constitution comes into effect #esiduary !owers of TaIation ;0 It a,,ears that under the new Constitution,residuary ,owers will be vested in the Centre, so far as the!rovinces are concerned, while the corres,ondin+ residuary,owers in res,ect of the &tates will be vested in the &tatesthemselves The Juestion has therefore been raised whether,as a conseJuence, as many s,ecific taIes as ,ossible shouldnot be entered in the !rovincial )ist of sub$ects Ee cannotthink of any im,ortant new taI that can be levied by the!rovinces, which will not fall under one or the other of theeIistin+ cate+ories included in the !rovincial )ist Eethink that the chance of any ,ractical difficulty arisin+out of the ,ro,osed constitutional ,osition is remote, and,in any case, it seems to us that if a taI is levied by theCentre under its residuary ,owers, there will be nothin+ to,revent the ,roceeds of the whole or a ,art of this taIbein+ distributed for the benefit of the !rovinces only Asa matter of abundant caution, however, it may be laid downin the Constitution that if any taI is levied by the Centrein future under its residuary ,owers, and to the eItent thatthe &tates do not a+ree to accede to the Centre in res,ectof the corres,ondin+ sub$ect the whole or a ,art of the,roceeds of the taI shall be distributed between the!rovinces and the accedin+ &tates only

This dis,oses of Item IT of our Terms of #eference EIem,tion of !rovincial *overnments from TaIation ;2 &ection .88 of the *overnment of India Act ,rovidesthat ,rofits from tradin+ by a !rovincial *overnment wouldbe taIable only if the trade was carried on outside the!rovince The eIem,tion from Central taIation of trade by!rovincial *overnments carried on within the ,rovinciallimits did not matter much in the ,ast/ for the *overnmentshad few tradin+ o,erations Eith the ,resent tendencytowards nationalisation "e + , many ,rovinces have alreadytaken u, Juite seriously the nationalisation of roadtrans,ort% the Centre should have some ,ower to levy eitherincome@taI or a contribution in lieu of income@taI inres,ect of these tradin+ activities Dis,utes as to suchcontributions should, we consider, be eIamined andad$udicated u,on by the (inance Commission to which we havealready referred Ee feel that if nationalisation ofindustries or trades takes ,lace ra,idly, the whole Juestionwould have to be reviewed de novo, for the entire structureof the taI system of the country would be com,letelychan+ed ;3 In the meantime we make the followin+recommendations- @ "a% The eIistin+ ,ractice should continue in res,ect of tradin+ o,erations of the Central *overnment, i e , no income@taI should be levied on the ,rofits It should be o,en to the Centre, however, to levy a contribution, as in the case of #ailways, for its sole benefit from such o,erations If the tradin+ is carried on by a se,arate $uristic ,erson, taI will be levied even if the *overnment is the dominant shareholder "b% TaI should be levied on the tradin+ o,erations of 6nits "as also of local bodies%, whether carried on within or without their $urisdiction/ and the taI or the contribution in lieu thereof should be treated as ordinary income@taI revenue for the ,ur,ose of the divisible ,ool Ee ,resume that if there are no ,rofits, there will be no contribution/ but if this ,resum,tion is wron+, we su++est that the contribution should be treated as ,art of the divisible ,ool of income@taI "c% Ee recommend that Juasi@tradin+ o,erations incidental to the ordinary functions of *overnment such as the sale of timber by the forest de,artment or of $ail ,roducts by the $ail de,artment should not be treated as tradin+ o,erations for this ,ur,ose Emer+ency !rovisions ;8 The needs of the Centre in times of emer+ency, suchas war or lar+e scale internal disorder, cannot be ,rovidedfor throu+h the detailed allocation of heads of revenue orof shares therein It is obviously not ,ossible to le+islatehow emer+encies should be met Ee would su++est that thereshould be a s,ecial

,rovision in the Constitutionauthorisin+ the !resident in an emer+ency to sus,end or varythe financial ,rovisions in such manner as he may think bestin the circumstances (or eIam,le, if there is a war and anEIcess !rofits TaI is levied, it mi+ht be necessary for theCentre to retain the whole of this taI for itself !rocedure in (inancial Matters ;: Item T of our terms of reference is as follows- @ HIs it necessary to make any modifications in theeIistin+ ,rovisions as re+ards ,rocedure in financialmatters contained in &ections 22 to 2; and ;< to <2 of the*overnment of India Act, .=28MH ;; The ,resent financial ,rocedure in the federals,here is laid down in sections 22@2; of the *overnment ofIndia Act, .=28 The corres,ondin+ clauses in the Draft Constitution as ,re,ared by the &ecretariat of theConstituent Assembly are ;3, ;8 and ;;@<. Ee have tworecommendations to make- @ ".% Ehen a money bill is sent from the )ower House to the 6,,er, a certificate of the &,eaker of the )ower House sayin+ that it is a money bill should be attached to, or endorsed on, the bill and a ,rovision to that effect should be made in the Constitution on the lines of the corres,ondin+ ,rovision in the !arliament Act, .=.. This will ,revent controversies about the matter outside the )ower House "0% After clause <>, a ,rovision may be made makin+ it necessary for *overnment to a,,roach the )e+islature for re+ularisin+ any eIcess eI,enditure that mi+ht be discovered in audit after the close of the year This is, in fact, done even now, but there is no statutory obli+ation to do so &ub$ect to these two recommendations, we a,,rove of the,rovisions in the Draft Constitution ;< (inancial ,rocedure in the !rovincial field is+overned by sections ;<@<0 of the *overnment of India Act .=28 The corres,ondin+ ,rovisions in the Draft Constitutionoccur in clauses .3=@.82 Ee recommend @ ".% that in a !rovince with a bicameral )e+islature, if any, the ,owers of the 6,,er House over money bills should be eIactly the same as at the federal level/ "0% that the new ,rovision, in res,ect of a vote on eIcess +rants, recommended by us at the federal level should be re,eated at the ,rovincial level also ;= It is usual in written democratic constitutions to,rovide that no money can be drawn from the treasury eIce,ton the authority of the )e+islature +ranted by an act

of a,,ro,riation In this country, the ,ractice has been toauthorise eI,enditure by resolutions of *overnment after thedemands have been voted, and not by law As the eIistin+,ractice has been workin+ well in this country,a,,ro,riation by law does not a,,ear to be necessary Auditor@*eneral <> Thou+h the Juestion has not been s,ecificallyreferred to us, we consider that the status and ,owers of the Auditor@*eneral are so closely connected with financial,rocedure that we have +one into this matter also The,rovisions in res,ect of the Auditor@*eneral of the(ederation are contained in clauses .>:@.>= of the Draft Constitution, and those in re+ard to the Auditor@*eneral of the !rovinces, in clauses .;3@.;8 In substance, all theseclauses re,eat the eIistin+ ,rovisions in the *overnment ofIndia Act Ee consider the ,rovisions to be adeJuate for the,ur,ose of securin+ the inde,endence of the Auditor@*eneral Ee notice that the Auditor@*eneral of India is to ,erformthe functions of the Auditor@ *eneral in res,ect of the!rovincial *overnments also for an initial ,eriod of threeyears, and thereafter, until a ,articular !rovincial*overnment chooses to a,,oint its own Auditor@*eneral Eefavour the continuance of a sin+le Auditor@ *eneral for the*overnment of India as well as for the !rovincial*overnments, and it is ,ossible that the !rovincial*overnments will also ,refer that course, and will choosenot to use their ,ower of a,,ointin+ se,arate Auditor@*eneral for the *overnment of India as well as for the!rovincial *overnments, and it is ,ossible that the!rovincial *overnments will also ,refer that course, andwill choose not to use their ,ower of a,,ointin+ se,arateAuditor@*eneral of their own The Draft Constitution,however, +ives them the o,tion to a,,oint Auditors@*eneralif they think fit so to do Ee are not sure whether it is,ossible alto+ether to do away with this o,tion, much as weshould like to do so/ but if the o,tion remains, werecommend that the ,rovisions of sub@clause 2 of clause .;3should be amended so as to make the Auditor@*eneral of a!rovince eli+ible for a,,ointment as Auditor@*eneral of another !rovince also 9orrowin+ !owers <. This Juestion is covered by Item I of our Terms of#eference The ,resent ,osition is that the !rovinces have thefreedom to borrow in the o,en market in India eIce,t whenthey are indebted to the Centre The most outstandin+ advanta+e of the freedom ofborrowin+ is the sense of financial res,onsibility itcreates/ for, there is no more accurate, sensitive andde,endable meter of the credit of a borrowin+ *overnmentthan the reaction of the securities market Ee do nottherefore wish to withdraw this freedom

Nevertheless, it isnecessary to have some machinery which would ensure thatborrowin+ *overnments do not, by their com,etition, u,setthe ca,ital market This machinery is now ,rovided throu+hthe #eserve 9ank which advises all the *overnments, but inview of the ambitious ,ro+rammes of develo,ment both by theCentre and by the 6nits, it may become necessary to set u,some kind of eI,ert machinery, both com,etent and definitelyem,owered, to fiI the order of ,riority of the borrowin+s of the different *overnments In some countries, this co@ordination is effected either by a Ministerial Conference orby a )oans Council &uch machinery should not affect theres,onsibility of a *overnment for its borrowin+ ,olicy, andshould hel, only in the timin+ of the loan and avoidance ofunnecessary com,etition The co@ordination by the #eserve9ank has worked well in ,ractice and so lon+ as it workswell we do not recommend any chan+e Ee assume that therewill be no distinction between federatin+ &tates and the!rovinces in this res,ect <0 Ee are of the o,inion that it should not be o,en toa !rovincial *overnment or to a *overnment of a &tate to +oin for a forei+n loan eIce,t with the consent of the (ederal*overnment and eIce,t under such conditions, if any, as the(ederal *overnment may think fit to im,ose at the time of+rantin+ the consent Ee notice, however, that there is anentry, viD , H.< (orei+n )oansH in the (ederal )e+islative)ist in the Draft Constitution Ee are not sure whether, theinsertion of this entry in the (ederal )e+islative )ist isenou+h to ,revent the *overnment of a 6nit from +oin+ in fora forei+n loan Ee, therefore, recommend that the ,oint beeIamined, and if the ,rovision is not found to be adeJuate,a s,ecific ,rovision should be made in clause 0.> of theDraft Constitution makin+ it necessary for the *overnment of a 6nit to obtain the consent of the (ederal *overnmentbefore +oin+ in for a forei+n loan !roblem of Indian &tates <2 The ,oints at issue are contained in items III, I4,4, 4I and TI of our terms of reference This ,art of our work is the most difficult ,artythereof, and the difficulty arises as much from the lack ofstatistical data as from the com,lications of the ,roblemitself/ for, not only do conditions differ widely betweenthe !rovinces as a whole and the &tates as a whole, but from&tate to &tate, so that it is difficult to a,,ly a commonyard@stick <3 The 6nion !owers Committee of the ConstituentAssembly in !ara 0 "d% of their re,ort, dated .;th A,ril,.=3;, has eI,ressed its view on this sub$ect in thefollowin+ terms- @ HEe realise that, in the matter ofindustrial develo,ment, the &tates are in varyin+ de+rees of advancement and conditions in 9ritish India and the &tatesare in many res,ects dissimilar &ome of the above taIes arenow re+ulated by a+reements between the *overnment of Indiaand the &tates Ee,

therefore, think that it may not be,ossible to im,ose a uniform standard of taIation throu+houtthe 6nits all at once Ee recommend that uniformity oftaIation throu+hout the 6nits may, for an a+reed ,eriod ofyears after the establishment of the 6nion not eIceedin+ .8,be ke,t in abeyance and the incidences, levy, realisationand a,,ortionment of the above taIes in the &tate 6nitsshall be sub$ected to a+reements between them and the 6nion*overnment !rovision should accordin+ly be made in theConstitution for im,lementin+ the above recommendation H Eeentirely a+ree with these observations CONSTITUENT ASSEMBLY OF INDIA - VOLUME VII Thursday, the 4th Nove !er "#4$ <8 Ee assume that the ultimate ob$ect of the(ederation must be to secure for the federatin+ &tates thesame, or nearly the same standards of economic develo,ment,fiscal arran+ements and administrative efficiency as in the!rovinces It is only a+ainst this back+round that the&tates can have the same identity of interest with the 6nionas the !rovinces have <: The first difficulty met with in our investi+ationis that many of the smaller &tates have neither a bud+et noreffective audit, so that adeJuate and reliable informationabout their financial ,osition, on a basis ,ermittin+com,arison with !rovinces, is not available Ee recommendaccordin+ly that it should be made obli+atory within asshort a ,eriod as ,ossible for each &tate to arran+e for the,re,aration and authorisation of a ,eriodical bud+et and themaintenance of ,ro,er accounts and audit and to send co,iesof its bud+et, accounts and audit re,orts to the 6nion*overnment <; In the absence of sufficient data, we are not in a,osition to make recommendations other than of a +eneralnature Ee are clear in our mind that the &tates should+radually develo, all the taIes in the !rovincialle+islative )ist so that they may corres,ondin+ly +ive u,reliance on taIes in the (ederal )e+islative )ist This,rocess however would necessarily take some time and in themeanwhile it will be necessary to have transitionalarran+ements << Ee will now take u, )and Customs Ee do notrecommend the immediate abolition of )and Customs, for wefind that such a course would lead to a serious dislocationin the finances of many &tates Moreover, where there is nolar+e re@ eI,ort trade, these land customs, thou+h a ,ossiblesource of annoyance, are really of the nature of octroi dutylevied at a few ,oint of entry 'n a lon+ view, however, inthe interests of the &tates themselves, these duties mi+htbe re,laced by other taIes, such as sales and turn@overtaIes Ee recommend accordin+ly that )and Customs now leviedby the &tates should be abolished durin+ the neIt .> years As a first ste, it may be arran+ed that @

".% a &tate shall not in future levy land customs on a commodity on which there is no such duty now/ "0% a &tate shall not after a fiIed date, increase the rate on any commodity/ and "2% a &tate levyin+ land customs should +rant refunds on re@eI,orts *radual abolition over a ,eriod of .> years should notcause any serious dislocation to the finances of these&tates, nor can there be any Juestion of ,ayin+ anycom,ensation to these &tates, for the sim,le reason thatthe 6nion *overnment will not +ain any corres,ondin+revenue <= Maritime customs should be uniform all throu+h the6nion, and the (ederal *overnment should take over theadministration of such customs in all the maritime &tates If this arran+ement results in the loss of any &tate of therevenue now en$oyed by it, it is only fair that the &tateshould be com,ensated for the loss !endin+ determination of the a,,ro,riate com,ensation in each case by a &tatesCommission, the a,,ointment of which we recommend in a later,ara+ra,h, each &tate may be +iven an annual +rant eJual tothe avera+e revenue from this source durin+ the last threeyears The ri+ht of 1ashmir to a rebate on sea customs maybe similarly abolished on ,ayment of a similar +rant => The (ederal *overnment may levy Central EIcises inall the &tates, but those &tates which now en$oy the benefitof a ,art or the whole of these revenues raised in theirareas should, in lieu of such benefit, receive +rants on thebasis of the avera+e revenue en$oyed by them from thesesources durin+ the last three years In our o,inion, neitherthis arran+ement nor the one referred to in the fore+oin+,ara+ra,h should ,resent any difficulty from the ,urelyfinancial ,oint of view either to the 6nion or to the&tates =. The Indian Income@TaI Act, with such modificationas may be considered necessary by the !resident, may bea,,lied to all the (ederatin+ &tates The net ,roceeds of the taI attributed to the &tates may be credited to a &tatesIncome@TaI !ool and such ,ortion not bein+ less than ;8 ,ercent of the net ,roceeds attributable to each &tate, asdetermined by the !resident, may be ,aid back to the &tates Ee are aware that many ,roblems will arise in thecourse of allocatin+ these ,roceeds between the differentstates, but they are not insoluble, and can be solved onlines similar to those followed in allocatin+ similarrevenues between the !rovinces =0 The need for a uniform system of income@taI both inthe !rovinces and in the &tates has become ur+ent not onlybecause of the facilities afforded for evasion and

avoidanceof the Central Income@taI by the eIistence of &tates withlower rates of taIation or no taI at all, but also becauseit is alle+ed that industries are bein+ divertedartificially by the incentive of lower taIation to areas notinherently suited for the industries =2 Thou+h we do not favour any abru,t chan+e in thestatus Juo, we do not attach much wei+ht to the ar+umentthat the &tates are, as a whole, industrially backward andthat they cannot, therefore, stand the same hi+h rates oftaIation, ,articularly income@taI, as the !rovinces can Ifthe ,roductive ca,acity of a &tate, and conseJuently itslevel of income, is low, it follows that the &tate will nothave to contribute much by way of taI if it falls in linewith the !rovinces If, on the other hand, the ,oint is thatindustries should be artificially stimulated in the &tatessomehow by the incentive of lower taIes, it is obvious thatif the &tate is not suited for industrial develo,ment, thecost of bolsterin+ u, its industries must ultimately fallu,on the !rovinces and other &tates =3 As already stated, we are not in a ,osition to makedetailed recommendations re+ardin+ the &tates Ee recommendfor this ,ur,ose the establishment of a &tates Commissionwith five members who should ,ossess wide knowled+e of thefinancial administration of !rovincial, (ederal or &tate*overnments !referably, one of these members mi+ht be amember of the (inance Commission "for !rovinces% referred toearlier in this re,ort The Commission should advise the!resident, as also the &tates, about their financial systemsand su++est methods by means of which the &tates coulddevelo, their resources and fall into line with the!rovinces as Juickly as ,ossible 'ne of the first tasks of the Commission will be to eIamine in detail the ,rivile+esand immunities en$oyed by each &tate, and also the connectedliabilities, if any, and recommended a suitable basis ofcom,ensation for the eItinction of such ri+hts andliabilities Ee consider in ,articular that the &tatesCommission should deal with the ,roblems before it withunderstandin+ and sym,athy and su++est solutions which wouldnot only be fair both to the &tates and to the !rovinces,but enable the &tates to come u, to the !rovincial standardsin as short a time as ,ossible =8 The &tates which come into the above arran+ementswould ,ay their contribution for Defence and other Centralservices throu+h the share of the net ,roceeds of CentraltaIes retained by the Centre, and nothin+ more should beeI,ected from those &tates 'n the other hand, the &tateswhich accede but do not come into the above arran+ements,should ,ay a contribution to the Centre, the amount of whichshould be determined by the &tates Commission havin+ re+ardto all the relevant factors =: The constitutional arran+ements in this res,ect,,articularly durin+ the interre+num of .8 years, should, inour o,inion, be ke,t very fleIible The !resident should beenabled by order to ado,t any financial arran+ement he

mayfind eI,edient with each &tate until such arran+ement isaltered by an Act of the (ederal )e+islature after necessaryconsultation with the &tates =; Ehile the outlines which we have indicated aboveare ca,able of bein+ a,,lied to most of the ma$or or evenmiddle@sided &tates, it is, in our o,inion, necessary to+rou, to+ether a number of smaller &tates in siDableadministrative units before they can be brou+ht into anyreasonable financial ,attern =< Ee are sorry that we have not been able tocontribute anythin+ more ,recise then we have done to this,art of the terms of reference to us == Ee enclose two A,,endices "I4 and 4% one of whichsets out in detail, as far as we have been able to collect,the ri+hts and immunities en$oyed by various &tates, and theother settin+ out the total bud+ets of certain &tates andthe ,art ,layed by )and Customs in those bud+ets &ummary of #ecommendations .>> ".% No ma$or chan+e to be made in the list oftaIes in (ederal )e+islative )ist as recommended by the6nion !owers Committee "!ara 2>%N "0% The limit of #s 8> to be raised to #s 08> fortaIes on ,rofessions etc levied by )ocal 9odies "!ara 2>%N "2% An entry to be made in the (ederal )e+islative )istof a new item H&tock EIchan+es and (utures MarketsH etc "!ara 2>%N "3% A few minor chan+es of a draftin+ nature to be madein the list of taIes in the !rovincial )e+islative )ist/ andno new items for insertion in the !rovincial )e+islative)ist "!aras 2.@22%N "8% The Centre to retain the whole of the net ,roceedsof the followin+ taIes, viD , "a% Duties of Customsincludin+ EI,ort Duties/ "b% taI on ca,ital value of assets,etc / "c% taIes on #ailway fares and frei+hts/ and "d%Central EIcises other than on tobacco "!ara 23%N ":% The +rant of fiIed assi+nments for a ,eriod ofyears to the $ute@+rowin+ ,rovinces to make u, for theirloss of revenue "!aras 28@2:%N ";% The net ,roceeds of the followin+ taIes to beshared with the !rovincial *overnments, viD ".% Income@taI,includin+ Cor,oration TaI/ "0% Central EIcise on Tobacco/"2% Estate and &uccession Duties "!aras 2<@30%N

"<% The su++estion that the Centre should be allottedonly the eIcises on s,ecified commodities, not acce,ted"!ara 3.%N "=% (ederal &tam, Duties and Terminal taIes on +oods etc , to be administered centrally, but wholly for thebenefit of the ,rovinces "!aras 32 and 33%N ".>% )ar+er fiIed subventions than now, necessary forAssam and 'rissa, and subventions for limited ,eriods forEast !un$ab and Eest 9en+al, but no ,recise fi+uresrecommended for lack of data "!aras 38 and 3:%N "..% *rants@in@aid on the Australian model notfavoured "!ara 3<%N ".0% Mer+in+ the taI on a+ricultural income in theCentral Income@taI and similarly the Estate and &uccessionDuties on a+ricultural ,ro,erty in the similar duties on,ro,erty in +eneral to be eIamined in consultation with!rovincial *overnment and transfers made from the !rovincial)ist of sub$ects, if necessary "!ara 3=%N ".2% Not less than :> ,er cent of the net ,roceeds ofIncome@taI, includin+ Cor,oration TaI and the taI on (ederalemoluments, to be divided between !rovinces in the followin+manner- @ 0> ,er cent on the basis of ,o,ulation, 28 ,ercent onthe basis of collection and 8 ,er cent as an ad$ustin+factor to miti+ate hardshi, "!aras 88 and 8:%N ".3% Not less than 8> ,er cent of the net ,roceeds of the eIcise on tobacco to be divided between !rovinces on thebasis of estimated consum,tion "!ara 8;%N ".8% Not less than :> ,er cent of the net ,roceedsfrom &uccession and Estate Duties to be divided between the!rovinces on the followin+ basis- @ Duties in N #eference to ,aras are to ,aras in the ori+inal re,orts res,ect of real ,ro,erty on the basis of allocation of the,ro,erty, and of the balance, three@fourths on the basis of the residence of the deceased and one@fourth o the basis of,o,ulation "!ara 8<%N ".:% Net effect of the recommendations, to transferannually a sum of the order of #s 2> crores from the Centreto the !rovinces "!ara 8=%N ".;% A (inance Commission with a Hi+h Court Cud+e oreI@Hi+h Court Cud+e as Chairman and four other members to beentrusted with the followin+ functions- @ viD "a% allocationbetween the !rovinces of their shares of centrallyadministered taIes assi+ned to them/ "b% to considera,,lications for +rants@in@aid for !rovinces and re,ortthereon/ "c% to consider and re,ort on other mattersreferred to it by the !resident

"!aras :8@:;%N ".<% The Commission to review the ,osition every fiveyears, or, in s,ecial circumstances, earlier "!ara ;>%N ".=% A taI levied by the Centre under its residuary,owers, not to enure to the benefit of a non@accedin+ &tateunless it a+rees to accede to the Centre in res,ect of thatsub$ect "!ara ;0%N "0>% Tradin+ o,erations of 6nits, as also of )ocal9odies, whether carried on within or without their$urisdiction, to be liable to Central Income@taI or acontribution in lieu, but Juasi@tradin+ o,erationsincidental to the normal functions of *overnment not to betaIed "!ara ;3%N "0.% The !resident to be em,owered in an emer+ency tosus,end or vary the normal financial ,rovisions in theConstitution "!ara ;8%N "00% A few minor chan+es su++ested in re+ard to the,rocedure in financial matters "!ara ;;%N "02% No chan+e to be made in res,ect of borrowin+,owers of 6nits @ "!aras <.@ <0%N "03% Early arran+ement to be made for the ,re,arationof re+ulate bud+ets and the maintenance of a,,ro,riateaccounts and audit by all accedin+ &tates "!ara <:%N "08% &tates +radually to develo, all the taIes in the!rovincial )e+islative )ist and corres,ondin+ly +ive u,taIes in the (ederal )ist "!ara <;%N "0:% Maritime customs and eIicises in &tates to betaken over by the Centre, the &tates bein+ com,ensatedtherefor if necessary "!aras <= and =>%N "0;% The Indian Income@taI Act to be a,,lied to all thefederatin+ &tates, and ;8 ,er cent of the net ,roceedsattributable to the &tates to be divided between them "!ara =.%N "0<% A &tates Commission to be set u, with five memberswith wide knowled+e of the financial administration of!rovincial, (ederal or &tate *overnments "!ara =3%N "0=% The &tates Commission to eIamine the ,rivile+esand immunities etc of &tates and to su++est suitablecom,ensation for the eItinction of these ri+hts andliabilities "!ara =3%N "2>% &tates which do not come into the arran+ements to,ay a contribution to the Centre to be determined by the&tates Commission "!ara =8%N

"2.% The interim Constitutional arran+ements with the&tates to be fleIible and small &tates to be +rou,edto+ether "!aras =: and =;%N @@@@@@ 7N #eference to ,aras are to ,aras in the ori+inal re,orts Conclusion .>. &ome of our recommendations would need to beemodied in the Constitution while others would be +iveneffect to by the order of the !resident Ee have attem,ted adraft of the necessary ,rovisions in the Constitution to+ive effect to the former/ and these are set out in A,,endiI4I N .>0 Mr #an+achari has si+ned this re,ort in his ,ersonal ca,acity, and the views eI,ressed in it should not be treated as committin+ in any manner the Ministry of (inance of which he is an officer NA)INI #ANCAN &A#1E#, 4 & &6NDA#AM, M 4 #AN*ACHA#I New Delhi8th December .=3; @@@@@ N #eference to ,aras are to ,aras, in the ori+inal re,orts A!!ENDIT 9 C'N&TIT6TI'NA) !'&'TI'N '( THE CENT#E AND THE !#'4INCE& IN #E&!ECT '( #E4EN6E 6NDE# THE *'4E#NMENT '( INDIA ACT, .=28 " Not included % (INACIA) !'&ITI'N '( THE !#'4INCE& AND CENT#E (#'M .=2;@2< T' .=3:@3; a% !rovinces "in lakhs of #u,ees%

!rovince !rovincial #evenueDevolution *rants from the centre includin+ Dev *rantsTotal #evenueTotal #evenue EI,enditureCumulative Deficit "@%&ur,lus "U%9alances in #eserve (unds on 2.st March .=3;Closin+ balance on 2.st March .=3;Madras0,:2,0;03,.00,<;,2=0,<3,00U 2,.;0=,.< 8:9ombay.,=0,80 0:,8.0,.=,>20,>:,:=U .0,23.;,>; 309en+al.,:8,28 N :=,=00,28,0;0,8.,.2 N@ .8,<: 08 0,3<6nited !rovinces.,;=,22 0:,;;0,>:,.>0,>3,==U .,...;,2. :,32!un$ab.,<3,.0 ..,8. .,=8,:2.,:>,3:U 28,.; :,;= 3;9ihar ;8,>: 8.,.> =>,.: <.,<.U <,28 ;,;< .,>;C ! F 9erar :2,:. ;,:= ;.,2> ;>,::.U :3 <,.3 0,3.Assam 28,83 ;,<= 32,32 30,<=U 83 .,>0 .,83N E ( ! ..,=3 ..,88 02,3= 00,=8U 83 .8 :2'rissa .;,;. ;,=2 08,:3 08,..U 82 .> :>&ind 88,.= .>,0; NN :8,3: :>,>3 U 8,30 <,.3 < N &ubsidy of 2,>> in .=32 @33 taken by 9en+al as reduction of eI,enditure on (amine Hence #evenue and EI,enditure both have been increased by 2,>> NN The &ubvention was ca,italised on .st A,ril .=33 and the value setu, a+ainst the )loyd 9arra+e Debt #evised Estimate have +enerally been taken for .=3: @ 3; "b% Central *overnment ".=2;@2< to .:3=@3;% "In lakhs of #u,ees% ?ear #evenue EI,enditure Civil Defence TotalDeficit"@% G &ur,lus "U%.=2; @ 2< <:,:. 2=,2= 3;,00 <:,:. @@ .=2< @ 2= <3,80 2<,=; 3:,.< <8,.8 @ :2.=2= @ 3> =3,8; 38,>2 3=,83 =3,8; @@.=3> @ 3. .,>;,:8 3>,8; ;2,:. .,.3,.< @:,82.=3. @ 30 .,23,8; 32,22 .,>2,=2 .,3;,0: @.0,:=.=30 @ 32 .,;;,.0 ;3,0< 0,.3,:0 0,<<,=>@.,..,;<.=32 @ 33 0,3=,=8 <.,33 2,8<,3> 3,2=,<3@.,<=,<=.=33 @ 38 2,28,;. .,>>,;; 2,=8,3= 3,=:,0:@ .,:>,88.=38 @ 3: 2,:.,.< .,03,2< 2,:>,02 3,<3,:.@.,02,32.=3: @ 3;"#evised Estimate% 2,2:,.= .,32,2: 0,2<,.. 2,<.,3; @38,0< T'TA) .=,:<,>; ;,2.,80 .<,<;,22 0:,.<,<8 @:,8>,;< The amounts included in the above on account of revenue assi+ned to the !rovinces and *rants@in@aid and &ubventions to them are +iven below -@ "In )akhs of #u,ees% ?ear &hare of Cute EI,ort Duty &hare of Income taI*rants in aid and &ubventions .=2; @ 2< 0,:8 .,08 2,.3.=2< @ 2= 0,8. .,8> 2,>8.=2= @ 3> 0,8: 0,;=

2,>3.=3> @ 3. .,<8 3,.: 2,>3.=3. @ 30 .,=8 ;,2= 2,>2.=30 @ 32 .,3> .>,=> 0,;:.=32 @ 33 .,2< .=,8> 8,;8"a%.=33 @ 38 .,3= 0:,8: <,;>"b%.=38 @ 3: .,8; 0<,;8 =,;>"c%.=3: @ 3;"#evised Estimate% 0,<> 0=,<; .,;> T'TA) 0>,.:.,20,:; 32,=."d%"a% Includes 2,>> &,ecial *rant to 9en+al "b% Includes ;,>> &,ecial *rant to 9en+al "c% Includes <,>> &,ecial *rant to 9en+al "d% Includes ; roundly in all for Coor+ AnneIure IIIA!!ENDIT 9&6MMA#? '( !#'4INCIA) &6**E&TI'N&!art I @ TaIes TaIAssi+nment eIistin+ or contem,lated!rovinces ,ro,osin+Assi+nment !ro,osed for ,rovinces.023. Income taI "other than on a+ricultural income% 5&ec .2< of the *overnment of India Act, .=28 and item 83 in (ederal )e+islative )ist 7A maIimum of 8>V of the net ,roceeds to be distributed amon+ ,rovinces Madras9ombay 6 ! C ! Eest 9en+al9ihar 'rissa AssamA minimum of 8>V of net ,roceeds ;8V of income taI and cor,oration taI recei,ts for ,rovinces or ;8V of the cor,oration, income and su,er taIes ,aid by residents in a ,rovince to be earmarked for that ,rovince (rom the divisible ,ool from cor,oration and income taI 22 .G2 V should be alloted to 9ombay which is the lar+est sin+le contributor to the revenue 8>V for ,rovinces on ,o,ulation basis ;8V TaI on A+ricultural income also sholud be collected by centre :> V to be distributed in ,ro,otion to the collection of these taIes in ,rovinces Even on the basis of ,o,ulation 9ihar should have received .; crores as a+ainst .2 allotted In future none of the ,oorer ,rovinces should +et an amount lower that that ,ayable on the basis of ,o,ulation The distribution should be +overned not by residence of the assessees but by the ,lace where the income is earned The basic factors must be ,o,ulation and the ,lace where the income is earned If any modifications are to be made they must be done with the ob$ect of assistin+ the financially ,oorer ,rovinces amon+ which 9ihar is at the very bottom Distribution of 8> V may continue as at ,resent but the ,ercenta+es should be revised takin+ into consideration the factor also of the state of develo,ment in addition to those of cor,oration and residence used by &ir 'tto Due wei+hta+e to be +iven to undevelo,ed ,rovinces &hould the ,rovincial share eIceed .0 crores, ;8 V of the eIceeds may be left to the discretion of the Central *ovt After the ,artition the East !un$ab !rovince faces a deficit of about 2 crores - its share of income taI ,roceeds should be very a,,reciably increased to meet the deficit fully

;8 V There should be a drastic revision of the shares of ,rovinces in income taI recei,ts havin+ re+ard to the facts that &ind and N E ( ! +o out that the amounts now available in the divisible ,ool have enormously eIceeded the ori+inal estimate and some ,rovinces are now +ettin+ , as a result income taI amounts eIceedin+ the entire revenues of some others

0 Cor,oration TaI 5 Items 3: in federal )e+ )ist7Eholly (ederalMadras9ombay6 ! C ! At least 8> V of the net ,roceed to +o to ,rovinces ;8 V for ,rovinces 8> V for ,rovinces on ,o,ulation basis C ! su++ests the inclusion of Cor,oration taI and taIes on Ca,ital assets in taIes on income for distribution 2 Central EIcise duties "on tobacco and other +oods eIce,t alcoholic liJuors "item 3:%There is ,rovision for in ,art 5 &ec .3> ".% 7 but not so far sharedMadras9ombay6 ! C ! Eest 9en+al9ihar'rissaAssam&hould be entirely ,rovincialiDed &hould be ,rovincialiDed or no less than 8> V of the net ,roceeds on each ,roducin+ unit to be allotted to that unit &hould be entirely ,rovincialiDed and distributed on ,o,ulation basis &hould be ,rovincialiDed or ;8 V should be allotted to ,rovinces The duties should cover some more articles such as rubber +oods, ,a,ers etc 08 V of the federal eIcise should be allocated to ,rovinces A ,ortion of the duty sholud be distributed on the basis of the yields in different ,rovinces A ,ortion may be distributed to ,rovinces +radually ,articularly as the ,rovinces are now faced with the loss of their revenue At least ;8 V of the eIcise duty collected on her oil should be allotted to Assam atleast 8> V of the other eIcise duties "&u+ar, &teel, Matches, Tobacco and 9eetle Nuts% to be +iven to the ,roducin+ units on a formula combinin+ factors of ,rovince of ,roduction, siDe of ,o,ulation and level of revenue eI,enditure 3 EI,ort Duties on Cute and Cute ,roducts:0 .G0 V of net ,roceeds 5 &ection .3>"0% 7Eest 9en+al9ihar;8 V should accrue to the ,rovinces +rowin+ and

manufacturin+ $ute The entire net ,roceeds of the $ute ,roducin+ ,rovinces should be distributed ,ro,otionately amon+ the concerned ,rovinces 8 EI,ort Duties Madras9ombay6 ! C ! Eest 9en+al'rissaAssamAt least 8> V of net ,roceeds of all eI,ort duties should be distributed to ,rovinces accordin+ to ,rinci,les formulated be federal le+islature Analo+y of $ute duty arran+ement cited 8> V of net ,roceeds All eI,ort duties should be entirely ,rovincialiDed and distributed on ,o,ulation basis EI,ort duty on minerals "coal and man+anese etc % sholud be allotted to C , " $ute analo+y% 08 V of net ,roceeds of eI,ort duties other than $ute A ,ortion may be distributed to ,rovinces +radualyy ,articularly as the ,rovinces are now faced with the loss of their eIcise revenue At least ;8 V of the sale ,roceeds of eI,ort duty realised on her tea : &uccession duties, (ederal &tam, duties, Terminal TaIes "#ailway F Air%, TaIes on #ailway (ares F (rei+hts !rovided for full distribution to ,rovinces " &ec .2;%MadrasIt should be ,rovided that the net ,roceeds shall not form ,art of the revenues of the federation but shall be distributed to the ,rovinces accordin+ to ,rinci,les formulated by the (ederation The ,rovisions should be fully utiliDed to au+ment the resources of ,rovinces &uccession duties in res,ect also of a+ricultural land should be transfered from the ,rovincial to the (ederal list The duty should be on ad valoerm basis The ,rovincial +overnments should be em,owered to levy them if the Central +overnment do not levy them 8> ,ercent of income from increase in railway fares and frei+hts above the levels determined by the #ailway 9ud+et of (ebruary .=3; to +o to ,rovinces on ,o,ulation ratios wei+hted by a +iven factor in favour of ,rovinces with smaller revenues and eI,enditure ; &tate )atteries(ederal " item (ederal )ist %C ! &hould be transferred to !rovincial list < TaIes on Trades, ,rofessions, callin+s and em,loyment!rovincial taI &ec .30@A, Item 3: in !rovincial list The limit of #s 8> , a should be removed and +radation accordin+ to ca,acity should be ,rovided for = TaIes on sales and advertisements "Item 3< in !rovincial list%&ales taI should be levied in all ,rovinces and ascendin+ state!A#T II @ N'N TAT !#'!'&A)&TATAssi+nments eIistin+ or contem,latin+!rovinces

,ro,osin+Assi+nment ,ro,osed for ,rovinces.0236 ! .% The ineJuity of Niemeyer Award should be rectified and central allocation for 6 ! should aim at a minimum of : or ; crores , a +oin+ u,to .0 or .2 crores in the s,ace of .> years 0% The consolidated debt due from the 6 ! to the *ovt of India shoulb be wi,ed off2% The *ovt of India should share losses on the food +rains scheme as ori+inally ,romised by them C ! A system of central +rants derived after takin+ into account such factors as natural resources, sta+e of industrial develo,ment, taIable ca,acity, etc is essential, An eI,ert financial enJuiry should be undertaken Eest 9en+al.% !rovision for federal aid to ,rovinces for social and amelioration work0% There should be financial commission on the lines of the Commonwealth *rants Commission in Australia9iharIf any +rants in aid or subventions are +iven in future the ,er ca,ita revenue and eI,enditure in each ,rovince durin+ the last .> years should be ke,t in mind Those with low ,er ca,ita revenue should be +iven +reater assistance than the richer 'rissaThe broad lines of the ,resent allocation may be maintained in the new Constitution/ but the subvention of 3> lakhs fiIed for the ,rovince should be increased/ it should be stated as a ,ercenta+e of the revenues of the central +ovt and in any case there should be a minimum annual subvention of .8> lakhs Enforcementof the ,olicy of ,rohibition and $udicial ,anchayats will make the ,rovincial administration im,ossible unless the central +overnment multi,lies its +rants and subventions very liberally Abolition of the Bamindari system would seriously affect )and revenue and stam,s Make every one ,ay accordin+ to his ca,acity !rovide for a well re+ularised house taI on a ,rovincial scale / a taI on ,assen+ers NationalDation of industry will wash away the twin anchor sheets of Central finance@ Income taI and Customs East !un$ab ".% !articularly as the East !un$ab is now to be the frontier of the Indian Dominion, there is a stron+ case for a recurrin+ subvention of more than . crore for it " N E ( ! used to +et . crore% "0% A non@recurrin+ subvention for the ca,ital of the ,rovince "'rissa was +iven such a +rant AssamThere is an obvious cae for an u,ward revision of the subventions +ranted to 'rissa and Assam Assam as a frontier as well as a backward ,rovince of India deserves s,ecial treatment Its royalty of 8

,ercent on oil " as a+ainst .> times that amount of central eIcise% is unfair )ar+e amounts of income accrue in assam but are assessed in Calcutta which in headJuarters of the concerned com,anies &ome ,rovinces like 9ombay and 9en+al have been allowed to +et a lar+e share of increase taI recei,ts because of their claim to be territorially res,onsible for the ,roduction of incomes Assam is entitled to similar consideration in re+ard to certain items of central revenues ANNET6#E I4A!!ENDIT 9#I*HT& AND IMM6NITIE& ENC'?ED 9? THE &TATE& "A% ANN6A) 4A)6E '( THE IMM6NITIE& ENC'?ED 9? THE &TATE& 6NDE#&EA C6&T'M&, C6##ENC? AND C'INA*E &tate?ear to which the fi+ures relate#s in lakhs #emarks"see footnote% I% &ea Customs1utch.=38 @ 3:0. .<".%9havna+ar.=38 @ 3: .="0%Morvi.=38 @ 3: : <>"2%Cuna+adh"eIcludin+ Man+rol%.=38 @ 3: .0 :8"2%Nawana+ar.=38 @ 3: .8 0;"2%!orbandar.=38 @ 3: 2 :2"2%Cambay.=38 @ 3: 0 >>"3%9aroda .=32 @ 33 00 =<"8%Can$ira.=38 @ 3: 2 >>":%Cochin.=33 @ 38 00 ;>";%Travancore.=33 @ 38 .; ==";%&awantwadi.=33 @ 38 > .0"<%Man+rol.=33 @ 38 0 22"=%1ashmir.=38 @ 3: .. >>".>% ii% Currency and coina+e Hyderabad.=38 @ 3: .>8 88".% In connection with (ederation, the ,ro,osed methodof calculatin+ the immunity in the case of 1utch was asfollows- @ To the trade fi+ures su,,lied by the &tate the 9ritishIndian tariff rates should be a,,lied and from this totalshould be deducted the difference between the dutycalculated at 9ritish Indian tariff rates and that actuallycollected at &tate rates on +oods not consumed in the &tateitself As the fi+ures necessary to a,,ly this formula are notavailable the fi+ure +iven in the statement re,resentssim,ly the amounts of customs duty retained by the &tate in.=38@3: "0% The value of the immunity in the case of 9havna+aris the total of customs collections made and retained by the&tate The fi+ures for .=38@3: is abnormal The fi+ures for .=2>@2. to .=28@2: were as follows- @ ?ear #s .=2>@2. 8.,>0,=;3 .=2.@20 ;8,=.,>.: .=20@22 <.,=2,2:< .=22@23 ==,20,:0<

.=23@28 .,0.,88,::< .=28@2: :.,:0,2>> "9% Note ,re,ared by the Ministry of &tates on eIcise arran+ements with Indian &tates Matches @ In res,ect of match eIcise there is a ,oolin+arran+ement with the &tates The main ,rinci,al is that thewhole of the ,roceeds of the taI collected in any &tate aremade over to the +eneral ,ool and the whole ,roceeds of the,ool divided between 9ritish India on the one hand and thevarious &tates that a+ree to come into the ,ool on the otheron the basis of ,o,ulation, re+ardless of whether matchesare manufactured or not, in the &tates Im,ort of matchesfrom the &tates that have not $oined this arran+ement, is,rohibited The conditions that a &tate is reJuired toacce,t for admission to the ,ool are @ "a% The &tate should levy duty on matches ,roduced in their territories by means of 9ritish Indian banderols and ,ay the ,roceeds into the common ,ool "b% The 9ritish Indian ,rocedure for the levy and collection of duty should be followed )icence fees and fines are not included in the ,ool Deduction on account of collection@char+es at a uniform rateis allowed The ,resent rate is 2 ,er cent of the netcollections The total net revenue is distributed amon+ thevarious &tates and 9ritish India on the basis of ,o,ulation Ehile the amount contributed by &tates durin+ .=33@38 to the,ool was #s 33,2<,=;> the amount actually ,aid to the&tates was #s .,>>,::,<;8 The 9ritish Indian realisationwas #s 8,3:,0:,;<. 2 &u+ar @ Arran+ements were made in .=23 with thesu+ar ,roducin+ &tates whereby they were reJuired to levythe same rates of eIcise and under @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ "2% The value of the immunity in these cases isre,resented by the total customs collections less the amount,ayable to the Central *overnment under the A+reements "3% 9y the a+reement of .=2< Cambay is allowed toretain whichever is +reater of the followin+ two amounts- @ "i% #s 0 lakhs/ or "ii% a ,ro,ortion of the customs duties collected at the &tate ,orts on the basis of ,o,ulation with suitable ad$ustments to correct difference between the ,ro,ortion of the urban ,o,ulation to the rural ,o,ulation in the state and the whole of India res,ectively

&ince the net customs revenue collected by the &tate durin+ .=38@3: was only #s :,==2G@ the &tate was entitled to receive from the Central *overnment difference between that fi+ure and #s 0 lakhs The immunity in this case is therefore #s 0 lakhs "8% 9aroda is entitled to retain all the duty collectedby it u, to a maIimum of . ,er cent of the avera+e customsrevenue of 9ritish India and until this maIimum is reachedthe immunity is re,resented by the &tateKs collections Thelatest fi+ures available are +iven here ":% Annual ,ayment under the .=3> A+reement, whichre,resents the &tateKs immunity ";% The immunity of Travancore and Cochin isre,resented by their share of the ,ool reduced by thecollection of duty at the 9ritish ,ort of Cochin, at Cochin,orts and Travancore backwaters In addition it is necessaryto include for Travancore the annual collections of customsduty at their ,orts other than the backwater ,orts/ and inres,ect of commodities such as tobacco, on which Travancorelevies duty at rates other than 9ritish Indian rates, theamount of duty at those rates is substituted for the actualcollections "<% The immunity is re,resented by the com,ensation,ayment of #s .2,322 less #s .,;>> allotted for abolitionof land@customs under the A+reement of .<2< "=% Actual amount collected and retained by the &tate ".>% Drawback from customs on +oods im,orted by seathrou+h 9ritish India the same conditions as in force in 9ritish India in returnfor which su+ar ,roduced in Indian &tates was to be admittedfree to 9ritish India &oon after the outbreak of war,arran+ements were made with the ma$or su+ar ,roducin+&tates, whereby in addition to com,liance with the .=23arran+ements, these &tates undertook to hand over to theCentral *overnment the eIcess of their earnin+s from su+areIcise in any year above the hi+hest revenue derived fromthe su+ar eIcise in any of the three years ,recedin+ .=2=@3> As re+ards &tates which had not till the develo,ed ade+ree of ,roduction materially in eIcess of their ownconsum,tion and &tates which had not commenced ,roduction,the #esidents were asked to watch and re,ort develo,ments All ,roducin+ &tates were, however, reJuested to levy thesame duty as in 9ritish India In the case of such &tateswhere ,roduction now eIceeds consum,tion, the arran+ement is that the &tate retains duty on the basis of ,o,ulation atthe rate of #s 2G0> ,er ca,ita revenue The su+ar ,roducin+ &tates are @ A9

Mysore 9aroda !haltan Hyderabad 1olha,ur 6dai,ur 1a,urthala *walior #am,ur Aundh Caora Nabha 9ho,al 1ashmir &an+li Mira$ The &tates fallin+ in cate+ory A above ,roduce su+ar ineIcess of their reJuirements and those fallin+ in cate+ory 9less than their reJuirements 'f the first mentioned &tates,ne+otiations were satisfactorily concluded with the firstfive 9ho,al which is surrounded on three sides and Caorawhich is surrounded on all sides by Indian &tates, takin+full advanta+e of their +eo+ra,hical ,osition did not acce,tthe settlement at first Caora, however, a+reed to surrenderits sur,lus revenue from .=30@32 &an+li and Mira$ &tatesonly recently develo,ed their su+ar factories and havea+reed to surrender the sur,lus revenue on the basis of theformula at KAK above but have ,rotested for revision of thearbitrary fi+ure of actual consum,tion re,resented by2G0>ths The matter is under consideration Name os &tateAmount retainableAvera+e Collection "#s % "#s in lakhs%Mysore.0,=.,.28 .;1a,urthala 0,80,>>> <kolha,ur 0,22,8=0 3#am,ur..,32,820 .: !haltan 8,0.,0:0 &an+li 33,>>; not known Mira$ :,=33 not known(ollowin+ is the contribution by the above &tates tothe Central EIcheJuer in res,ect of the year .=38@3: @ #s Mysore 1a,urthala :,3;,2:< 1olha,ur 0,0:,<0> #am,ur

!haltan .,3>,8<8 &an+li .,>;,<:= Mira$ 8=,0:< Information re+ardin+ the amount to be surrendered by Mysoreand #am,ur is still awaited ; Tobacco @ All &tates are eI,ected to levy the9ritish Indian rate of duty "&ome &tates where ,roductionis not of much conseJuence levy eIcise on the basis of acrea+e in view of the hi+h cost of administration % The&tates are entitled to retain the ,roceeds of the eIciseduty sub$ect to the limit, on the basis of their ,o,ulation,worked out in accordance with the followin+ formula @ #T,AW@@@! Ehere A is the limit retainable by a &tate/ #Wthe total net revenue in any year calculated from .st A,ril to 2.st March, collected in 9ritish India and all the ,artici,atin+ &tates "i e , the +ross revenue less the cost of collection, licence fees, ,enalties, fines etc %/ ,Wthe ,o,ulation of the &tate concerned/ !Wthe ,o,ulation of 9ritish India and all the ,artici,atin+ &tates &ome &tates have not come into the scheme and thetobacco of such &tates on entry into 9ritish India isconfiscated and released on ,ayment of fine and ,enalty Althou+h section 8 of the Central EIcises and &alt Act .=33em,owers us to im,ose customs duty eJuivalent to the eIciseduty, the ,rovisions of this section have not been involvedbecause it has been ,ossible to realise an amount eJuivalentto the eIcise duty on &tate Tobacco under rule 20 of theCentral EIcise #ules by means of confiscation Hyderabad hasnot acce,ted the formula and does not share the revenue withthe *overnment of India althou+h it has le+islated on thelines of 9ritish India No restrictions have been im,osed onthe entry of Hyderabad Tobacco into 9ritish India To facilitate movement of tobacco from and to the&tates, a s,ecial ,rocedure for the movement in bond hasbeen devised 6nder this ,rocedure the duty is realised atdestination and credited to a &us,ense account The amountsrealised on the &tate tobacco is at the end of the yearcredited to the &tate and is taken into account in the&tateKs realisations for ,ur,oses of the formula Therevenue contributable by the &tates durin+ the years .=32@33and .=33@38 were #s 8.,2<,<>= and #s .,3<,>;,880res,ectively

< 4e+etable !roduct @ The formula is the same as inres,ect of tobacco The only &tates concerned at ,resent areMysore and Cochin althou+h the other &tates were asked tole+islate and have le+islated on the matter 'f the two&tates, namely, Cochin and Mysore, CochinKs contribution tothe Central #evenues durin+ the year .=32@33 and .=33@38 was#s ;:,.:> and #s 3.,0.0 res,ectively The Mysore &tate hasnothin+ to ,ay under the formula = Tea, Coffee and 9etel Nuts @ The &tates concernedare- @ Tea- @ Mysore, Travancore, Cochin, Tri,ura, Mandi/ Coffee- @ Mysore, Travancore, Cochin/ 9etel Nuts- @ Mysore, Travancore, Cochin, Tri,ura,&awantwadi and Can$ira The rates of duty im,osed by Travancore are asfollows- @ 9etel Nut Coffee Tea As .G: ,er .b H @G: H H H .G= H H

The same formula as in res,ect of tobacco has beenado,ted in res,ect of these eIcises also, althou+h the9oardKs intention was that K!K in res,ect of these eIcisesshould denote the ,o,ulation of all India and not limited to,artici,atin+ &tates and 9ritish India as in the case oftobacco Mysore and Travancore, the two im,ortant &tates,have been clamourin+ for a revision of the formula In thecase of Travancore the followin+ revised formula has beenoffered- @ AW!GT Ehere A denotes ,er ca,ita consum,tion fi+ure/ TWthe total Juantity of the article taIed in 9ritishIndia and in other ,artici,atin+ units/ !Wthe total ,o,ulation of 9ritish India and other,artici,atin+ &tates 'n the basis of the ,er ca,ita consum,tion fi+ureworked out, the amount retainable by the &tate will beworked on the basis of the followin+ formula- @ AWa I d I ,

Ehere AWamount retainable by the &tate/ aW,er ca,ital consum,tion fi+ure of 9ritish India andthe ,artici,atin+ units/ dWrate of eIcise duty levied by the &tate/ ,W!o,ulation of Travancore The eIcess over KAK ,lus cost of collection will have to besurrendered by the &tate The &tateKs acce,tance of theformula has not yet been received In the case of Mysore, we have a+reed in res,ect ofcoffee that the amount retainable by the &tate may bedetermined on the basis of the Coffee ControllerKsstatistics of coffee consum,tion in the &tate Mysore hasacce,ted this formula and is ,ressin+ for a similar formulain res,ect of betel nuts After a recent tour, the 9oard hasstated that after the establishment of the 9etel Nutmarketin+ 9oard, it may be ,ossible to ado,t the coffeeformula in res,ect of betel also CONSTITUENT ASSEMBLY OF INDIA - VOLUME VII Thursday, the 4th Nove !er "#4$ "C% &tatement showin+ the value of service ,osta+e stam,s su,,lied annually free to &tates & no Name of state 4alue "#s % . Alwar 2>,>>> 0 9aroda .,08,>>> 2 9harat,ur .0,>>> 3 9ho,al <,2<> 8 9ikaner 2;,>>> : 9ushabr :>> ; Cooch 9ehar =,>>> < Datia 8,>>> = Dhar 2,>>> .> (aridkot .,>>>

.. *walior 3<> .0 Idar 88> .2 Indore 28,>>> .3 Chalawar 0,3>> .8 Cubbal 08> .: 1alsia 38> .; 1ashmir 0>,>>> .< 1otah .8,>>> .= )oharu 2>> 0> Malerkotla =>> 0. Mandi ;>> 00 Marwar 2=,>>> 02 !anna =>> 03 &ikkim .,8>> 08 &irmoor .,0;8 0: &uket ;>> "D% &tatement showin+ the values of immunities +ranted annually to Indian &tates in the sha,e of free conveyance of their official corres,ondence within the &tate limits Nmae of the state 4alue of the immunity #emarks "#s % .% Mysore 0.,2<,.<0 0% Hyderabad 8,33> Combined fi+ures for the ,ortions of the &tate in the Madras and 9ombay Circles

2% 9an+ana,alle 2:8 3% !udukottai 2;,=:> 8% 9aroda .3,;>8 :% 9hor :< ;% Cawahar 2,:0; <% 9ho,al 3=,.;; =% #ewah .,;0,2<> "E% &tatement showin+ the amounts of tele,hone revenue accruin+ in India on behalf of Indian &tates and vice versa Amount of revenue accruin+ in India on behalf of &tates .=33@38 .=38@3: .=3:@3; #s #s #s . 1ashmir .,=.0 2 > 0,;2. 2 > .,:3: .2 > 2,<<> > > 3,3;8 8 > 3,>>8 3 >

0 Cammu Tawi

Amount of revenue accruin+ in India on behalf of &tates .=33@38 .=38@3: .=3:@3; #s #s #s . 1ashmir .,;>0 8 > 0,2;8 . > .,.<; ; > 2,:>< . > 3,.22 .0 > .,8>. 2 >

0 Cammu Tawi A!!ENDIT 9 5AnneIure 47

&TATEMENT &H'EIN* #E4EN6E AND THE !E#CENTA*E '( )AND C6&T'M& INC)6DED N THE #E4EN6E '( CE#TAIN &TATE& "In lakhs of #u,ees% Name of &tate Total #evenue "'rdinary% )and Customs !ercenta+e #emarks Hyderabad =32 .03 .2 0

Travancore :.. <= .3 : 1ashmir 88; ..; 0. > *walior 2>2 3. .2 8 Cai,ur .=; 02 .. : 9aroda 323 0> 3 : Includes &ea Custmos, fi+ures of which are not se,erately available Codh,ur 003 3> .; < 6dai,ur "Mewar% <. . . 2 Indore 2>8 0; < = 9ikaner 080 0= .. 8 Alwar => 33 3< = 9ho,al .03 0> .: . 1otah 3< : .0 8 Tehri@*arhwal 02 3 .; 3 Includes EIcise also 9harat,ur :8 02 28 3 Cutch <= . . . !atna 2> : 0> > &ar$u+a .; 8 0= 3 Nawana+ar ..> .= .; 2 Includes &ea Customs, fi+ures of which are not se,erately available Tonk 23 .. 20 2 9undi 0= < 0; : &irohi 0. 3 .= > Dun+ar,ur 00 < 2: 3

9answara .2 2 02 . !artab+arh < 2 2; 8 Chalawar ; . .3 2 Caisalmer : 2 8> > &hah,ura 3 . 08 > Danta 2 . 22 2 !alad,ur 0< 8 .; = Idar 38 .; 2; < 9alasinor 8 . 0> > )unawada .> 0 0> > &ant .0 0 .: ; Chhota 6dai,ur 03 0 < 2 #adhan,ur 02 3 .; 3 9aria .< . 8 : Dewas "Cunior% 02 3 .; 3 !anna .> . .> > #attam .; : 28 2 Alira$,ur : . .: ; 9i$awar ; . .3 2 Chhatar,ur 3 0 3> > 9arwani .0 0 .: : Caora 00 2 .2 :

#a$+arh .0 . < 2 &ailana : . .: : Chabua .2 3 2> < A!!ENDIT 9 AMENDMENT& #EC'MMENDED IN THE D#A(T C'N&TIT6TI'N !rovisions relatin+ to ,rocedure in financial matters Clause ;8 @ To clause ;8 add the followin+, namely-@ H"3% There shall be endorsed on every Money 9ill when it is transmitted to the Council of &tates under &ection ;3, and when it is ,resented to the !resident for assent under section ;:, the certificate of the &,eaker of the House of the !eo,le si+ned by him that it is a Money 9ill H Clause ;= @ In sub@clause "2% of clause ;=, for thewords Hsucceedin+ sectionH substitute the words Htwosucceedin+ sectionsH New clause <>@A @ After clause <>, insert thefollowin+ new clause namely @ H<>@A EIcess +rants @ If in any financial yeareI,enditure from the revenues of the (ederation has beenincurred on any service for which the vote of the House of the !eo,le is necessary in eIcess of the amount +ranted forthat service and for that year, a demand for the eIcessshall be ,resented to the House of the !eo,le and the,rovisions of sections ;< and ;= shall have effect inrelation to such demand as they have effect in relation to ademand for a +rant H Clause .38 @ (or sub@clause ".% of clause .38,substitute the followin+ namely- @ H".% &ub$ect to the s,ecial ,rovisions of this !art of this Constitution with res,ect to Money 9ills, a 9ill may ori+inate in either House of the )e+islature of a !rovince which has a )e+islative Council ".a% &ub$ect to the ,rovisions of sections .3: and .3:@ A, a 9ill shall not be deemed to have been ,assed by the Houses of the )e+islature of a !rovince havin+ a )e+islative Council unless it has been a+reed to by both Houses either without amendments or with such amendments only as are a+reed to by both Houses H Clause .3: @ (or clause .3:, substitute the followin+,namely- @ H.3: !assin+ of 9ills other than Money 9ills In!rovinces havin+ )e+islative Councils @ ".% If a 9ill whichhas been ,assed by the )e+islative Assembly of a

!rovincehavin+ a )e+islative Council and transmitted to the)e+islative Council is not, before the eI,iration of twelvemonths from its rece,tion by the Council, ,resented to the*overnor for his assent, the *overnor may summon the Housesto meet in a $oint sittin+ for the ,ur,ose of deliberatin+and votin+ on the 9ill!rovided that nothin+ in this section shall a,,ly to aMoney 9ill "0% If at a $oint sittin+ of the two Houses summoned inaccordance with the ,rovisions of this section the 9ill,with such amendments, if any, as are a+reed to in $ointsittin+ is ,assed by a ma$ority of the total number ofmembers of both Houses ,resent and votin+, it shall bedeemed for the ,ur,oses of this Constitution to have been,assed by both Houses!rovided that at a $oint sittin+- @ "a% unless the 9ill has been ,assed by the )e+islative Council with amendments and returned to the )e+islative Assembly, no amendments shall be ,ro,osed to the 9ill other than such amendments, if any, as are made necessary by the delay in the ,assa+e of the 9ill/ "b% if the 9ill has been so ,assed and returned by the )e+islative Council, only such amendments as aforesaid shall be ,ro,osed in the 9ill and such other amendments as are relevant to the matters with res,ect to which the Houses have not a+reed, and the decision of the ,erson ,residin+ as to the amendments which are admissible under this sub@ section shall be final H ew clauses .3:@A and .3:@9 @ After clause .3:, insertthe followin+ clauses, namely- @ H.3:@A &,ecial ,rovisions in res,ect of Money 9ills @ ".% A Money 9ill shall not be introduced in a )e+islativeCouncil "0% After a Money 9ill has been ,assed by the)e+islative Assembly of a !rovince havin+ a )e+islativeCouncil it shall be transmitted to the le+islative Councilfor its recommendations, and the )e+islative Council shallwithin a ,eriod of thirty days from the date of its recei,tof the 9ill return the 9ill to the )e+islative Assembly withits recommendations, and the )e+islative Assembly maythereu,on either acce,t or re$ect all or any of therecommendations of )e+islative Council "2% If the )e+islative Assembly acce,ts any of therecommendations of the )e+islative Council, the Money 9illshall be deemed to have been ,assed by both Houses with theamendments recommended by the )e+islative Council andacce,ted by the )e+islative Assembly, and if the )e+islativeAssembly does not acce,t any

of the recommendations of the)e+islative Council, it shall be deemed to have been ,assedby both Houses in the form in which it was ,assed by the)e+islative Assembly without any of the Amendmentsrecommended by the )e+islative Council "3% If a Money 9ill ,assed by the )e+islative Assembly and transmitted to the )e+islative Council for its recommendations is not returned to the )e+islative Assemblywithin the said ,eriod of thirty days, it shall be deemed tohave been ,assed by both Houses at the eI,iration of thesaid ,eriod of thirty days in the form in which it was,assed by the )e+islative Assembly .3:@9 Definition of HMoney 9illH, @ ".% (or the,ur,oses of this Cha,ter, a 9ill shall be deemed to be amoney 9ill if it makes ,rovision @ "a% for im,osin+ or increasin+ any taI/ or "b% for re+ulatin+ the borrowin+ of money or the +ivin+ of an +uarantee by the ,rovince or for amendin+ the law with res,ect to any financial obli+ations undertaken or to be undertaken by the ,rovince/ or "c% for declarin+ any eI,enditure to be eI,enditure char+ed on the revenues of the !rovince, or for increasin+ the amount of any such eI,enditure "0% A 9ill shall not be deemed to be a Money by reasononly that it ,rovides for the im,osition of fines or other,ecuniary ,enalties or for the demand or ,ayment of fees forlicences or fees for services rendered or by reason that it,rovides for the im,osition or increase of any taI by anylocal authority of body for local ur,oses "2% If any Juestion arises whether a 9ill is a Money9ill or not, the decision of the &,eaker of the )e+islativeAssembly thereon shall be final "3% There shall be endorsed on every Money 9ill when itis transmitted to the )e+islative Council under section .3:@A after it has been ,assed by the )e+islative Assembly, andwhen it is ,resented to the *overnor for assent undersection .3;, the certificate of the &,eaker of the)e+islative Assembly si+ned by him that it is a Money 9illH Clause .3< @ In the ,roviso to clause .3<, after thewords H!rovided that insert the words Hif the 9ill is not aMoney 9illH Clause .8. @ In the sub@clause "2% of clause .8., forthe words Hsucceedin+ sectionH substitute the words Htwosucceedin+ sections H New Clause .80@A @ After clause .80, insert thefollowin+ clause namely- @

H.80@A EIcess +rants @ If in any financial yeareI,enditure from the revenues of the !rovince has beenincurred on any service for which the vote of thele+islative Assembly is necessary in eIcess of the amount+ranted for that service and for that year, a demand for theeIcess shall be ,resented to the Assembly and the ,rovisionsof sections .8> and .8. shall have effect in relation tosuch demand as they have effect in relation to a demand fora +rant H Clause .82 @ (or clause .82, substitute the followin+clause, namely- @ H.82 &,ecial ,rovisions as to financial 9ills @ ".% AMoney 9ill or an amendment thereto shall not be introducedor moved eIce,t on the recommendation of the *overnor "0% A 9ill which, if enacted and brou+ht intoo,eration, would involve eI,enditure from the revenues of a!rovince shall not be ,assed by a House of the !rovincial)e+islature unless the *overnor has recommended to thathouse the consideration of the 9ill H !rovisions relatin+ to the Auditor@*eneral of the !rovince Clause .;3 @ (or sub@clause =2% of clause .;3substitute the followin+ namely @ H"2% The Auditor@*eneral of a !rovince shall beeli+ible for a,,ointment as Auditor@*eneral of thefederation or as Auditor@*eneral of any other !rovince butnot for any other a,,ointment either under the (ederation orunder the *overnment of a unit after he has ceased to holdhis office H !rovisions relatin+ to distribution of revenues between the (ederation and units and miscellaneous (inancial ,rovisions Clause .=3@A @ (or, clause .=3@A substitute thefollowin+, namely- @ H.=3@ Inter,retation @ In this !art @ "a% K(inance CommissionK means the (inance Commission constituted under &ection 0>0@A of this Constitution/ "b% KunitK does not include a Chief CommissionerKs !rovince H Clauses .=: to .== @ (or clause .=: clause .=: to .==,substitute the followin+, namely- @ H.=: Certain succession duties @ ".% Duties in res,ectof succession to ,ro,erty other than a+ricultural land andestate duty in res,ect of ,ro,erty other than a+riculturalland shall be levied and collected by the (ederation, butsiIty ,er cent or

such hi+her ,ercenta+e as may be,rescribed of the net ,roceeds in any financial year of anysuch duty, eIce,t in so far as those ,roceeds re,resent,roceeds attributable to Chief CommissionersK !rovinces,shall not form ,art of the revenues of the (ederation, butshall be assi+ned to the units within which that duty isleviable in that year, and shall be distributed amon+ theunits in accordance with such ,rinci,les of distribution asmay be ,rescribed "0% If any dis,ute arises as to the distribution of thenet ,roceeds of any such duty amon+ the units, it shall bereferred for decision to such authority as may be a,,ointedin this behalf by the !resident and the decision of suchauthority shall be final .=:@A Certain terminal taIes @ Terminal taIes on +oodsor ,assen+er carried by railway or air shall be levied andcollected by the (ederation, but the net ,roceeds in anyfinancial year of any such taI, eIce,t in so far as those,roceeds re,resent ,roceeds attributable to ChiefCommissionersK !rovinces, shall not form ,art of therevenues of the (ederation, but shall be assi+ned to theunits within which that taI is leviable in that year, andshall be distributed amon+ the units in accordance with such,rinci,les of distribution as may be ,rescribed .=:@9 Certain stam, duties @ &uch stam, duties as arementioned in the (ederal )e+islative )ist shall be levied bythe (ederation and collected, in the case where such dutiesare leviable within any Chief CommissionerKs ,rovince, bythe (ederation and in other cases, by the units within whichsuch duties are res,ectively leviable, but the ,roceeds inany financial year of any such duty leviable in that yearwithin any unit shall not form ,art of the revenues of the(ederation, but shall be assi+ned to that unit .=; TaIes on Income @ ".% TaIes on income other thana+ricultural income shall be levied and collected by thefederation, but siIty ,er cent or such hi+her ,ercenta+e asmay be ,rescribed, of the net ,roceeds in any financial yearof any such taI, eIce,t in so far as those ,roceedsre,resent ,roceeds attributable to Chief CommissionersK!rovinces shall not form ,art of the revenues of the(ederation, but shall be assi+ned to the units within whichthat taI is leviable in that year, and shall be distributedamon+ the units in such manner as may be ,rescribed!rovided that the (ederal !arliament may, at any time,increase the said taIes by a surchar+e for (ederal ,ur,osesand the whole ,roceeds of any such surchar+e shall form ,artof the revenues of the (ederation "0% In this section, HtaIes on incomeH includes any sumlevied by the (ederation in lieu of any taI on income butdoes not include any contributions levied by the (ederationin res,ect of its own undertakin+s

.=< &alt duties and eIcise duties @ ".% No duties onsalt shall be levied by the (ederation "0% (ederal duties of eIcise shall be levied andcollected by the (ederation, but , if an Act of the (ederal!arliament so ,rovides, there shall be ,aid out of therevenues of the (ederation to the units to which the Actim,osin+ the duty eItends, sums eJuivalent to the whole orany ,art of the net ,roceeds of that duty, and those sumsshall be distributed amon+ the units in accordance with such,rinci,les of distribution as may be ,rescribed!rovided that fifty ,er cent or such hi+her ,ercenta+eas may be ,rescribed, of the net ,roceeds in any financialyear of the eIcise duty on tobacco, eIce,t in so far asthose ,roceeds re,resent ,roceeds attributable to ChiefCommissionersK !rovinces, shall not form ,art of therevenues of the (ederation but shall be assi+ned to theunits within which that duty is leviable in that year, andshall be distributed amon+ the units in such manner as maybe ,rescribed .=<@A TaIes not enumerated in any of the lists in theNinth &chedule @ If any taI not mentioned in any of thelists in the Ninth &chedule to this Constitution is im,osedby Act of the (ederal !arliament by virtue of entry => of the (ederal )e+islative )ist, such taI shall be levied andcollected by the (ederation but a ,rescribed ,ercenta+e of the net ,roceeds in any financial year of any such taI,eIce,t in so far as those ,roceeds re,resent ,roceedsattributable to Chief CommissionersK !rovinces, shall notform ,art of the revenues of the (ederation, but shall beassi+ned to the units within which that taI is leviable inthat year, and shall be distributed amon+ the units inaccordance with such ,rinci,les of distribution as may be,rescribed .=<@9 *rants in lieu of $ute eI,ort duty @ 6ntil theabolition of the eI,ort duty levied by the (ederation on$ute ,roducts or the eI,iration of ten years from thecommencement of this Constitution, whichever is earlier,there shall be char+ed on the revenues of the (ederation ineach year as +rants@in@aid of the revenues of the !rovincesmentioned below the sums res,ectively s,ecified a+ainstthose !rovinces!rovince &um Eest 9en+al .>> lakhs of ru,ees 9ihar .; lakhs of ru,ees Assam .8 lakhs of ru,ees 'rissa 2 lakhs of ru,ees

.== *rants from (ederation to certain units @ &uch sums as the !resident may, on the recommendation of the(inance Commission, by order fiI shall be char+ed on therevenues of the (ederation in each year as +rants@in@aid of the revenues of such nits as the !resident may on suchrecommendation determine to be in need of assistance, anddifferent sums may be fiIed for different units!rovided that there shall be char+ed on the revenues of the (ederation in each year as +rants@in@aid of the revenuesof the ,rovinces of Assam and 'rissa the sums of thirty andforty lakhs of ru,ees res,ectively or such hi+her sums asthe ,resident may on the recommendation of the (inancecommission fiI in res,ect of either of these !rovinces!rovided further that there shall be ,aid out of therevenues of the (ederation as +rants@in@aid of the revenuesof a !rovince such ca,ital and recurrin+ sums as may benecessary to enable that !rovince to meet the costs of suchschemes of develo,ment as may be undertaken by the !rovincewith the a,,roval of the (ederal *overnment for the ,ur,oseof ,romotin+ the welfare of the scheduled tribes in the,rovince or raisin+ the level of administration of thescheduled areas in the !rovince to that of theadministration of the rest of the !rovince!rovided also that there shall be ,aid out of therevenues of the (ederation as +rants@in@aid of the revenuesof the ,rovince of Assam sums, ca,ital and recurrin+,eJuivalent to @ "a% the avera+e eIcess of eI,enditure over the revenues durin+ the three years immediately ,recedin+ the date of commencement of this Constitution in res,ect of the administration of the areas s,ecified in !art I of the table a,,ended to ,ara+ra,h .= of the Ei+hth &chedule to this Constitution/ and "b% the costs of such schemes of develo,ment as may be undertaken by that ,rovince with the a,,roval of the (ederal *overnment for the ,ur,ose of raisin+ the level of administration of the said areas to that of the administration of the rest of the ,rovince Clause 0>> @ In sub@clause "0% of clause 0>>, for theword HfiftyH, wherever it occurs, substitute the words Htwohundred and fiftyH New Clause 0>.@A @ After clause 0>., insert thefollowin+ clause, namely- @ H0>.@A A,,lication of the ,rovisions relatin+ todistribution of revenues durin+ the ,eriod a ,roclamation ofEmer+ency is in o,eration @ Ehere a ,roclamation ofEmer+ency is in o,eration whereby the !resident has declaredthat the security of India is threatened, then,notwithstandin+ anythin+ contained in the

fore+oin+,rovisions of this Cha,ter, the !resident may, by order,direct that all or any of those ,rovisions shall, until theeI,iration of the financial year in which such !roclamationceases to o,erate, have effect sub$ect to such eIce,tions ormodifications as may be s,ecified in such order H Clause 0>0 @ (or Clause 0>0, substitute the followin+,namely- @ H0>0 Definition of K,rescribedK and calculation ofKnet ,roceedsK etc @ ".% In the fore+oin+ ,rovisions of thisCha,ter @ "a% K,rescribedK means @ "i% until the (inance commission has been constituted, ,rescribed by order of the !resident/ and "ii% after the (inance Commission has been constituted, ,rescribed by order of the !resident on the recommendation of the (inance Commission/ "b% Knet ,roceedsK means in relation to any taI or duty the ,roceeds thereof reduced by the cost of collection, and for the ,ur,oses of those ,rovisions the net ,roceeds of any taI or duty, or of any ,art of any taI or duty, in or attributable to any area shall be ascertained and certified by the Auditor@*eneral of the (ederation, whose certificate shall be final "0% sub$ect as aforesaid, and to any other eI,ress,rovision in this Cha,ter, an order of the !resident may, inany case where under this !art of this Constitution the,roceeds of any duty or taI are, or may be, assi+ned to anyunit, ,rovide for the manner in which the ,roceeds are to becalculated, for the time from or at which and the manner inwhich any ,ayments are to be made, for the makin+ of ad$ustments between one financial year and another, and forany other incidental or ancillary matters H New Clause 0>0@A and 0>0@9 @ After clause 0>0, insertthe followin+ clauses, namely- @ H0>0@A (inance Commission @ ".% There shall be a(inance Commission which shall consist of a Chairman andfour other members to be a,,ointed by the !resident in hisdiscretion "0% The Chairman shall be a ,erson who holds or hasheld $udicial office not inferior in rank to that of a Cud+eof a Hi+h Court "2% The members of the Commission shall receive suchremuneration as the !resident may by order determine andshall hold office for a term of five years and may on theeI,iry of such term be re@a,,ointed for another term of fiveyears

"3% It shall be the duty of the Commission to ,erformthe functions conferred on the Commission by this Cha,ter orby any other law for the time bein+ in force and to +iveadvice to the (ederal *overnment u,on such financial mattersor to ,erform such other duties of a financial character asmay from time to time e referred or assi+ned to it by the!resident "8% The Commission shall determine its ,rocedure andshall ave such ,owers in the ,erformance of its function asthe !resident may by order confer on it 0>0@9 #ecommendations of the (inance Commission @ The!resident shall cause every recommendation made by the(inance Commission under the fore+oin+ ,rovisions of thisCha,ter to+ether with an eI,lanatory memorandum, as to theaction taken thereon by the !resident to be laid before the(ederal !arliament H Clause 0>; @ To clause 0>;, add the followin+EI,lanation, namely- @ HEI,lanation @ (or the ,ur,oses of this section, anyundertakin+ by the *overnment of any unit, such as the saleof the forest ,roduce of any forest under the control ofsuch unit or of any article ,roduced in any $ail within suchunit, shall not be deemed to be a trade or business, carriedon by or on behalf of such *overnment H !rovisions relatin+ to borrowin+ Clause 0.> @ In sub@clause "2% of clause 0.>, for theword H!rovinceH, in the two ,laces where it occurs,substitute the word HunitH Ninth &chedule !rovincial )e+islative )ists In the !rovincial )e+islative )ist in the Ninth&chedule @ ".% in entry 32, omit the words Hhearths and windowsH/ "0% for entry 8>, substitute the followin+, namely- @ H8> TaIes on the sale, turnover or ,urchase of +oods includin+ taIes in lieu thereof on the use or consum,tion within the !rovince of +oods liable to taIes within the !rovince on sale, turnover or ,urchase/ taIes on advertisement/H "2% in entry 82, for the word HCessesH substitute the wordHTaIesH/ and "3% in entry 8:, for the word HDoesH substitute the wordHTaIesH

A!!ENDIT C No 'AG03GConsG3; C'N&TIT6ENT A&&EM9)? '( INDIA Council House, New Delhi, the 3th March .=3< (rom The H'N'6#A9)E &A#DA# 4A))A9H9HAI C !ATE), CHAI#MAN, AD4I&'#? C'MMITTEE 'N MIN'#ITIE& (6NDAMENTA) #I*HT&, ETC , To THE !#E&IDENT, C'N&TIT6ENT A&&EM9)? '( INDIA DEA# &I#, 'n behalf of the members of the Advisory Committee Ihave the honour to forward herewith the re,orts of the NorthEast (rontier "Assam% Tribal and EIcluded Areas and EIcludedand !artially EIcluded Areas "'ther than Assam% &ub@Committees, ado,ted by the Committee at the meetin+ held onthe 03th (ebruary .=3< The two sub@Committees had been setu, by the Advisory Committee in their meetin+ held on the0;th (ebruary .=3; in ,ursuance of ,ara+ra,hs .="iv% and 0>of the Cabinet MissionKs &tatement dated the .:th May .=3:and the two re,orts had been drawn u, after they hadundertaken eItensive tours of the ,rovinces, eIaminedwitnesses and re,resentatives of the ,eo,le and the,rovincial +overnments and taken the views of the different,olitical or+aniDations 0 Actin+ on an earlier su++estion of the AdvisoryCommittee made on the ;th December .=3;, the Draftin+ Committee had already incor,orated in the Draft Constitution,rovisions on the basis of the recommendations contained inthe re,orts of the two sub@Committees This cou,led with thefact that the recommendations were ,ractically unanimousmade our task easy, and eIce,t for the two amendmentsmentioned in the A,,endiI to this re,ort, the AdvisoryCommittee have acce,ted all the recommendations of the twosub@committees In re+ard to

these amendments, it was a+reedthat these should be noted for the ,resent and necessaryamendments made later 2 &ummaries of the recommendations of the two sub@committees are +iven on ,a+es 0>< to 0.< of the re,ort"4olume I% of EIcluded and !artially EIcluded Areas "'therthan Assam% &ub@Committee !rovisions embodyin+ theserecommendations are contained in the (ifth, &iIth and Ei+ht&chedules attached to the Draft Constitution ?ours truly, 4 C !ATE), CHAI#MAN 5AnneIure II7 A!!ENDIT C North East (rontier "Assam% Tribal and EIcluded Areas . The followin+ ,roviso is to be added to ,ara+ra,hD".% of a,,endiILAK to !art I on ,a+e 0> of the re,ort-@ H!rovided that the Assam Hi+h Court shall have ,ower of revision in cases where there is failure of $ustice or where the authority eIercised by the District Court is without $urisdiction H 0 In &chedule L9K on ,a+e 02 of the re,ort the wordsHeIcludin+ the ,lains ,ortionH be added after each of theitems in the schedule so as to read as follows-@ The &adiya and 9ali,ara (rontier Tracts "eIcludin+ the ,lains ,ortion% The Tira, (rontier Tract "eIcludin+ the )akhim,ur (rontier Tract and the ,lains ,ortion% The Na+a Tribal Area "eIcludin+ the ,lains ,ortion% 5AnneIure III7 A!!ENDIT C The 0<th Culy .=3;, (rom THE CHAI#MAN,

N'#TH@EA&T (#'NTIE# "A&&AM% T#I9A) F ETC)6DED A#EA& To THE CHAI#MAN, AD4I&'#? C'MMITTEE 'N (6NDAMENTA) #I*HT&, MIN'#ITIE&, T#I9A) &69@C'MMITTEE A#EA&, ETC , C'N&TIT6ENT A&&EM9)? '( INDIA, C'6NCI) H'6&E, NEE DE)HI &ir, I have the honour to forward herewith my &ub@CommitteeKs re,ort on the Tribal and EIcluded Areas of assam The re,ort has been drawn u, by us after a tour of the !rovince which included visits to the )ushai HillsDistrict, the North Cachar Hills &ub@Division, the MikirHills and the Na+a Hills District The Committee could notvisit the *aro Hills District on account of bad weather and difficult communications and the Cowai &ub@division of the1hasi Hills District could not also be visited for the same reason Ee however eIamined witnesses and re,resentatives of the *aro Hills District at *auhati and ,aid a visit also tocertain *aro villa+es on and near the *oal,ara road At mostof the ,laces we visited, we had to be satisfied with avisit to the headJuarters of the district or tract and witha visit to one or two villa+es in the nei+hbourhood To visit ,laces in the interior would have taken us a +reatdeal more of time and delayed our re,ort considerably #e,resentatives of the tribes however visited theheadJuarters, even from lon+ distances, and on the whole we feel that we have been able to +et into contact with all the im,ortant re,resentatives of the hill ,eo,le and to taketheir views on the future administration of the areas Ee have also taken the views of the different ,olitical or+anisations in the ,rovince and recorded the evidence of officials 0 EIce,t for the (rontier Tracts and Tribal Areas, we co@o,ted two members from the tribes of each of thedistricts visited The co@o,ted members, with the eIce,tionof Mr 1eDehol "re,resentative of the 1ohima section of theNa+a National Council and himself an An+ami% who submittedhis resi+nation durin+ the final meetin+ at &hillon+,discussed the ,ro,osals and si+ned "sub$ect to dissent inthe case of Mr 1heloushe F Mr Aliba Imti% the minutes of the meetin+

2 In connection with the co@o,tion of members we wouldlike to mention the HDistrict ConferenceH convened by the&u,erintendent of the )ushai Hills as an elected body,ur,ortin+ to be re,resentative of the whole of the )ushaiHills The election to this body which consisted of twentychiefs and twenty commoners with the &u,erintendent himselfas !resident was boycotted by the MiDo 6nion which was theonly re,resentative body of the )ushais at that time andclearly could not be re+arded by us as re,resentin+ morethan asection of o,inion, lar+ely that of certain officials andchiefs controlled by them ConseJuently the criticism thatwe co@o,ted members without consultin+ the &u,erintendent orhis conference carries, in our o,inion, no wei+ht 3 In the Na+a Hills, the Committee had to face asimilar situation in the sense that certain officials wereinfluencin+ the eItreme elements of the Na+a NationalCouncil Discussion of a number of ,oints could not becarried on to the full eItent on account of lack of a+reement within the Na+a National Council but we understandthat on the occasion of the *overnorKs visit to 1ohima, themore reasonable elements ,ut forward their views Ee findthat our ,ro,osals not only contain the substance of thesebut +o further in some res,ects The resi+nation of Mr 1eDehol was due to the fact that his section of the Na+aNational Council was dissident 'ur ,ro,osals corres,ondfully to the s,irit of the resolution of the Na+a NationalCouncil ,assed at Eokha in Cune .=3:, and we feel confidentthat the ma$ority of ,eo,le in the Na+a Hills District willfind that our ,ro,osals +o a lon+ way towards meetin+ eventheir ,resent ,oint of view 8 'ur re,ort "4olume I% is divided into two ,arts andthe evidence forms a se,arate volume "4olume II% In thefirst ,art of our re,ort we have +iven a birdKs eye view of the areas as a whole, notin+ in ,articular their commonfeatures and +ivin+ the frame work of the scheme of administration recommended by us In !art II a lar+elydescri,tive account of the different areas is +ivense,arately and we have mentioned their s,ecial features orneeds : Ee re+ret that our collea+ue Mr Aliba Imti has notbeen able to attend the meetin+ to si+n the re,ort and ho,ethat he will be able to attend the meetin+ of the AdvisoryCommittee I have the honour to be, &I#, ?our most obedient servant, * N 9A#D')'I, Chairman,

North@East (rontier "Assam% Tribal F EIcluded Areas &ub@Committee 5AnneIure I47 A!!ENDIT C #E!'#T '( THE &69@C'MMITTEE 'N N'#TH@EA&T (#'NTIE# "A&&AM% T#I9A) AND ETC)6DED A#EA& !art I . INT#'D6CT'#? @ The EIcluded and !artially EIcluded Areas of Assam asscheduled by the 'rder@in@ Council under the *overnment ofIndia Act, .=28, are as follows- @ EIcluded Areas The North@East (rontier "&adiya, 9ali,ara and)akhim,ur% Tracts The Na+a Hills Districts The )ushai Hills District The North Cachar Hills &ub@Division of the CacharDistrict !artially EIcluded Areas The *aro Hills District The Mikir Hills "in the Now+on+ and &ibsa+arDistricts% The 9ritish ,ortion of the 1hasi and Caintia Hills District, other than &hillon+ Munici,ality and Cantt There is also an area to the east of the Na+a HillsDistrict known as the Na+a Tribal Area the ,osition of whichis covered by the ,rovisions of &ection 2.. ".% of the*overnment of India Act- The Tira, (rontier Tract whichad$oins the )akhim,ur (rontier Tract has no defined boundarywith 9urma The Assam Tribal and EIcluded Areas &ub@Committee isreJuired to re,ort on a scheme of administration for allthese areas 0 *ENE#A) DE&C#I!TI'N @

"a% The (rontier Tracts @ The &chedule Juoted aboveshows the North@East (rontier Tracts as eIcluded areas Inconsiderin+ the list of areas to be eIcluded or ,artiallyeIcluded and makin+ recommendations to H M * in .=28 the*overnment of India wrote as follows- @ H9ali,ara, &adiya and )akhim,ur are essentiallyfrontier areas inhabited by tribes in an early sta+e ofdevelo,ment 9ali,ara has no defined outer boundaries andeItends to the confines of 9hutan and Tibet H It will beseen that it was mentioned that 9ali,ara has no definiteouter boundaries but the ,osition of &adiya and )akhim,ur orthe Tira, (rontier Tract was a,,arently the same 'n theTira, (rontier Tract in fact, the boundary with 9urma hasyet to be settled and all three re+ions include considerableareas of as yet virtually unadministered and only ,artiallyeI,lored territory The ,osition of 9ali,ara and &adiyahowever differs from that of the Tira, (rontier in thatthere eIists a boundary between Tibet and India The factsare that in .=.3 there was a tri,artite convention withTibet and China re+ardin+ the relations of the three*overnments and in ,articular re+ardin+ the frontier betweenIndia and Tibet The convention which contained an a+reementabout the frontier line between India and Tibet was ratifiedby the Tibetan authorities at )hasa, and the line known asthe MacMahon )ine was indicated on a ma, of which a co,y was+iven to the )hasa *overnment which acknowled+ed it TheeIistence of this line was for a lon+ time not known to theAssam *overnment, and on the other hand it was found thatthere was no notification under &ection :> of the *overnmentof India Act, .=.=, s,ecifyin+ the northern frontier of assam, with the result that the MacMahon )ine which is thefrontier between Tibet and India is the le+al boundary of assam as well In ,ractice the ,osition is ,eculiar Thou+hthe *overnor of Assam is vested with authority over the(rontier Tracts, it is taken to be eIercised, not by virtueof the ,rovisions a,,licable to EIcluded Areas of the*overnment of India Act, .=28, but as the A+ent of the*overnor@*eneral under &ection .02 of the Act, videNotification No I@T, dated the .st A,ril .=2; of the*overnment of India in the EIternal Affairs De,artment"A,,endiI 9 ,a+e .2>% All the costs of administration of the tracts are also borne by the Central *overnment and theCentral *overnment are inclined to treat them as tribalareas within the meanin+ of &ection 2.. of the *overnment ofIndia Act 'n the other hand, the local officials treat thearea as consistin+ of two ,arts 'ne which they call theEIcluded Area and stretches u, to the HInner )ineH boundary,and the Tribal Area, which by them is understood to mean thearea beyond the HInner )ineH boundary The HInner )ineHboundary is rou+hly alon+ the foot of the hills and the areabounded by its occu,ied by a some@what miIed ,o,ulation,while the hill ,ortions beyond it are ,urely inhabited bythe tribes This treatment a+ain does not a,,ear to bestrictly $ustifiable in law thou+h it may be convenient tothink of the administered ,lains ,ortion of the arease,arately from the not fully administered hills &ince thefrontier tracts are administered in ,ractice by the Central*overnment as tribal areas, the absence of a notificationunder &ection :> of the *overnment of India Act, .=.=, wasre+arded as an oversi+ht The

,osition of these areas willbe discussed further at a later sta+e, but it is clear fromthe fore+oin+ that the Na+a Tribal Area on the Eastern(rontier and the 9ali,ara, &adiya and )akhim,ur or Tira,(rontier Tracts on the North@Eastern (rontier fall under onecate+ory The 9ali,ara (rontier Tract which includes the&ubansiri area is the tract over which there is as yet thesmallest measure of control and administration This tractand the &adiya (rontier Tract are inhabited by tribes suchas the &en$ithon$i, Dafla, A,a Tani, Momba "9ali,ara% theAbor, Mishmi, Hkam,ti "&adiya% The Tira, (rontier contains&in+,haws "who were ori+inally 1achins% and a number oftribes classed as Na+a, while the Na+a Tribal Area islar+ely inhabited by Na+as of the 1onyak +rou, The ,olicyon these (rontiers is to establish administration andcontrol over the whole area ri+ht u, to the frontier, and afive@year ,lan has been sanctioned by the *overnment ofIndia This ,lan mostly covers the &adiya and 9ali,araTracts but a few schemes of the Na+a Tribal Area are alsoincluded in it A se,arate ,lan for the develo,ment of thelatter is under consideration "b% The EIcluded Areas @ The EIcluded Areas of the Na+aHills District, the )ushai Hills District and the NorthCachar Hills &ub@division fall within the second cate+ory of areas over which the !rovincial Ministry has no $urisdictionwhatever and the revenues eI,ended in this area are notsub$ect to the vote of the ,rovincial le+islature The Na+aHills District is the home of a +ood number of tribesclassed as Na+a, such as An+ami, Ao, &ema, )hota Ad$oinin+it is the Na+a Tribal Area in the eastern ,ortion of which a+ood deal of head huntin+ still +oes on Thou+h the tribesare all called Na+a, they s,eak different lan+ua+es and havedifferin+ customs and ,ractices also The )ushai on theother hand, thou+h consistin+ of a number of clans, are,ractically one ,eo,le and s,eak a common lan+ua+e The 1ukiin the North Cachar Hills and elsewhere are ,eo,le of thesame stock as )ushai or MiDo and s,eak the same lan+ua+e ora dialect The )ushai Hills District eIce,t for anina,,reciable number of )akhers in the eItreme southcontains a uniform ,o,ulation The North Cachar Hills, onthe other hand, ,rovide sanctuary for the 1achari, Na+a,1uki, Mikir and 1hasi The lar+est of the tribes here arethe 1achari and the villa+es of the different tribes, aremore or less inters,ersed "c% !artially EIcluded Areas @ The third cate+ory isthe !artially EIcluded Areas consistin+ of the 1hasi HillsDistrict "9ritish ,ortion%, the *aro Hills District and theMikir Hills which fall in two districts, viD Now+on+ and&ibsa+ar, are administered by the !rovincial *overnmentsub$ect to the ,owers of the *overnor to withhold or a,,lythe laws of the !rovincial )e+islature with or withoutmodifications, or to make s,ecial rules The 1hasia,incidentally, are the only line of the tribes in this areawho s,eak a Monkhmer lan+ua+e/ all the other tribes s,eakTibeto@9urmese lan+ua+es *enerally s,eakin+, they inhabitthe areas which bear their names but there are villa+esoutside these districts which also contain some of thetribes Thus, the *aro inhabit a number of villa+es in theMymensin+h district of 9en+al in addition to many villa+esin the districts of 1amru, and *oal,ara in Assam The 1hasi,o,ulation is not only to be found in

the 9ritish ,ortion of the 1hasi and Caintia Hills, but the &tates "which com,risea fairly lar+e area% round about &hillon+ are inhabited bythe 1hasis These &tates, twentyfive in number, have thes,ecial feature that their chiefs are actually elected in afew cases by free election, thou+h in the ma$ority of casesthe election is confined to a ,articular clan, theelectorate consistin+ of Myntries of the clan only in somestates, by a $oint electorate of Myntries and electorselected by the ,eo,le in +eneral in others The &tates havecom,aratively little revenue or authority and seem to de,endfor a +ood deal of su,,ort on the !olitical 'fficer in theirrelations with their ,eo,les There is a stron+ desire amon+the ,eo,le of the &tates to HfederateH with their brothersin the 9ritish ,ortion, a feelin+ which the ,eo,le on the9ritish side reci,rocate &ome of the &iems also a,,ear tof avour amal+amation but their idea of the (ederation differsfrom that of the ,eo,le in that the Chiefs seek a +reater,ower for themselves than the ,eo,le are ,re,ared to concedeto them 'f the ,eo,le in the !artially EIcluded Areas, the1hasi are the most advanced and the Mikir the least 6nlikethe Na+a and the )ushai Hills these areas have had muchmore contact with ,eo,le in the ,lains, situated as they arebetween the valleys of the 9rahma,utra and the &urma Theyhave re,resentatives in the ,rovincial le+islature who, inthe case of the *aro and the Mikir Hills, are elected byfranchise of the Nokmas and the villa+e headmenres,ectively 2 DE4E)'!MENT @ As re+ards the de+ree of develo,ment and education inthe eIcluded and !artially EIcluded Areas, the most backwardareas, com,aratively a,,ear to be the Mikir and the *aroHills, both of which are !artially EIcluded Areas The(rontier Tracts, ,arts of which must be inhabited by ,eo,lewith on contact with civilisation or education, are ofcourse on a different footin+ The 1hasi Hills have ,robablybenefitted by the fact that the ca,ital of the ,rovince issituated in them In the *aro Hills, Christian Missions haves,read some education alon+ with Christianity but the MikirHills have suffered from the fact that they are dividedbetween two districts, Now+on+ and &ibsa+ar, and thusnobodyKs child !artial eIclusion has in a way beenres,onsible for their backwardness also, since both the*overnor of the ,rovince and the Ministry can disclaim thesole res,onsibility for the area The &ub@divisional'fficers and De,uty Commissioners of these Hills moreoverseem to have taken little interest in them and hardly anytourin+ has been ,erformed by officers in the Mikir areas 'n the whole, however, the Hill Districts show considerable,ro+ress The 1hasi Hills have ,rovided Ministers in the!rovincial *overnment The ,eo,le of the )ushai Hills whohave benefitted by the activities of the Missionaries amon+them cannot be said to be behind the ,eo,le of the ,lains inculture, education and literacy In literacy ,articularlythey are in a better ,osition than a +ood number of the,lains areas and the +eneral ,ercenta+e of literacy amon+them is about .2 ,er cent, while the

literacy amon+ men onlyis about 2> ,er cent Amon+ the Na+a also may be found anumber of ,ersons of colle+e education, thou+h the districtas a whole a,,ears to be less advanced than the )ushaiHills In the Na+a Hills, the demand for education iskeener in the Mokokchun+ &ub@division than in the 1ohima&ub@division In the North Cachar Hills, the develo,ment of the ,eo,le has not been im,ressive and the &ub@division as awhole should be classed as more backward than other areasand com,arable with the Mikir rather than the )ushai Hills Ehile education has made some ,ro+ress in all these areas,the conditions of life and ,ursuit of non@ a+riculturaloccu,ations cannot be said to have reached the levelattained in the ,lains, althou+h the de+ree of intelli+encenecessary is undoubtedly available in most of these areas,even in the tribal areas Ee were in fact im,ressed by theintelli+ence of the Abor and Mishmi, the &herduk,en, theHkam,ti and even the 1onyak of the tribal area The skill ofmany of the tribes in weavin+ and ta,estry contains theelements of a very attractive cotta+e industry@at ,resentarticles are made lar+ely for ,ersonal use@but a+ricultureis ,ractically the only occu,ation, and with the eIce,tionof considerable areas occu,ied by the An+ami in the Na+aHill under terraced and irri+ated cultivation and theadvanced cultivation in the 1hasi Hills, the mode of a+riculture is still the ,rimitive one of $humin+ !ortionsof the forest are burnt down and in the ashes of the burnt,atch the seeds are sown- the followin+ year a new ,atch offorest is felled and cultivated and so on, the first ,atch,erha,s bein+ ready a+ain for cultivation after three orfour years The $humin+ ,atches develo, a thick +rowth ofbamboo or weeds and trees do not +row on them Thus themethod is destructive of +ood $un+le In certain ,arts, ofcourse, conditions may be said to be unfavourable to theterracin+ of the hillsides and there is no source of watersu,,ly other than rainfall In the )ushai Hills for instancecom,aratively few areas have the +radual slo,e which rendersterracin+ easy/ in the North Cachar Hills &ub@division,irri+ation is difficult to arran+e and the small hamletsoccu,ied by the tribes cannot ,rovide enou+h labour forterracin+ work Attem,ts have however been made to introduceterracin+ and im,roved methods of cultivation as well as the+rowin+ of fruits, and there is little doubt that +ood,ro+ress will soon be feasible in these directions Acertain amount of ,olitical consciousness has also develo,edamon+ the tribes, and we were much im,ressed by the demandof the Abor in the &adiya (rontier Tract for re,resentationin the ,rovincial le+islature The idea of *overnment by the,eo,le throu+h their chosen re,resentatives is not a totallynew conce,tion to most of the hill ,eo,le whose ways of lifecentre around the tribal and villa+e councils, and what isreJuired now is really an understandin+ of the mechanism andim,lications as well as the res,onsibilities of the hi+hersta+es of administration and the im,racticability as well asthe undesirable results of small +rou,s of rural ,o,ulationbein+ entrusted with too much res,onsibility *enerallys,eakin+, it can be stated that all the eIcluded areas of the ,rovince, not takin+ into account at this sta+e thefrontier and tribal areas, have reached the sta+e ofdevelo,ment when they can eIercise their votes asintelli+ently as the ,eo,le of the ,lains 'n the +round ofinability to

understand or eIercise the franchise therefore,there is absolutely no $ustification for kee,in+ theeIcluded areas in that condition any lon+er As re+ards the (rontier Tracts, not only has there beenlittle education eIce,t in the frin+es or ,lains ,ortions,but administration has yet to be fully established overlar+e tracts and the tribes freed from feuds or raids amon+themselves and from the encroachment and o,,ression ofTibetan taI collectors The removal of the trade blocks setu, by these Tibetans on the Indian side of the MacMahon )inesometimes creates delicate situations Thus the country isin many ways unri,e for re+ular administration 'nly whenthe new fiveyear ,ro+ramme has made +ood headway will therebe an adeJuate im,rovement in the ,osition Even the villa+ecouncils in these tracts a,,ear to be ill@or+anised andthere seems to be little material as yet for local self@+overnin+ institutions thou+h it may be ,ossible to find afew ,eo,le who can s,eak for their tribe The ,lains,ortions are however on a different footin+ and the Juestionof includin+ them in the ,rovincial administration needscareful eIamination (or eIam,le, we are of the view that,rima facie there is little $ustification to kee, the&aikhoa+hat, the &adiya ,lains ,ortion and ,ossibly ,ortionsof the 9ali,ara (rontier Tract under s,ecial administration 3 THE HI)) !E'!)EK& 4IEE& @ Thou+h the Constituent Assembly &ecretariat and weourselves, issued a leaflet to ,rovide information andcreate interest in the ,olitical future of India, theConstituent AssemblyKs functions and the ob$ects of ourtour, the Hill ,eo,le, even of the EIcluded Areas, were notfound lackin+ in ,olitical consciousness !erha,s notwithout insti+ation by certain elements, this consciousnesshas even instilled ideas of an inde,endent status theeIternal relations under which would be +overned by treatyor a+reement only In the )ushai Hills District the idea of the &u,erintendent who constituted himself the !resident of the HDistrict ConferenceH which he himself had convened "see,ara, 8 !art II% was that the District should mana+e allaffairs with the eIce,tion of defence in re+ard to which itshould enter into an a+reement with the *overnment of India A HConstitutionH based on this ,rinci,le was later draftedby the Conference "The +reat ma$ority of the )ushai howevercannot be re+arded as holdin+ these views and it is doubtfulif the District Conference re,resents the views of anybodyother than certain officials and chiefs% In the Na+a Hills,althou+h the ori+inal resolution as ,assed by the Na+aNational Council at Eokha contem,lated the administration of the area more or less like other ,arts of Assam, a demandwas subseJuently ,ut forward for Han interim *overnment of the Na+a ,eo,leH underthe ,rotection of a benevolent H+uardian ,owerH who would,rovide funds for develo,ment and defence for a ,eriod often years after which the Na+a ,eo,le would decide what theywould do with themselves Here a+ain it seems to us clearthat the views of a small +rou, of ,eo,le, followin+ thevo+ue in the Na+a Hills of decisions bein+

taken by +enerala+reement and not by ma$ority@+ained the acce,tance of theNational Council, for little more ,ur,ose than that of,resentin+ a common front In other areas more moderateviews ,revail In the *aro Hills the draft constitutionasked for all ,owers of +overnment includin+ taIation,administration of $ustice etc to be vested in the le+alcouncil and the only link ,ro,osed with the !rovincial*overnment was in res,ect of a few sub$ects like hi+hereducation, medical aid etc , other than the sub$ects ofdefence, eIternal affairs and communications which were not,rovincial sub$ects In the Mikir Hills and in the NorthCachar Hills, which are the least vocal and advanced of theareas under consideration, there would ,robably besatisfaction if control over land and local customs andadministration of $ustice are left to the local ,eo,le The1hasi Hills ,ro,osals were for a federation of the &tatesand 9ritish ,ortions/ otherwise the ,ro,osals were similarto those made for the *aro Hills A feelin+ common to all of the Hill Districts is that ,eo,le of the same tribe shouldbe brou+ht to+ether under a common administration This hasled to a demand for rectification of boundaries The )ushaiwant the 1uki of Mani,ur and other areas in theirboundaries, the Na+a want the Bemi areas of the North CacharHills included in their district and so on 8 !')ITICA) ET!E#IENCE @ EIce,t for the Munici,ality of &hillon+, there are nostatutory local self@+overnin+ bodies in any of the HillDistricts The ,artially eIcluded areas have electedre,resentatives in the ,rovincial le+islature but in the*aro Hills the franchise is limited to the Nokmas and in theMikir Hills to the headmen *enerally, however, the tribesare all hi+hly democratic in the sense that their villa+ecouncils are created by +eneral assent or election Chiefshi, amon+ certain tribes like the )ushai is hereditary"althou+h certain chiefs have been a,,ointed by the&u,erintendent% but amon+ other tribes a,,ointment ofheadmen is by common consent or by election or, in somecases, selection from ,articular families Dis,utes areusually settled by the Chief or headman or council ofelders In the Na+a Hills what is aimed at is +enerala+reement in settlin+ dis,utes Allotment of land for $humis +enerally the function of the Chiefs or headmen "eIce,tin the 1hasi F Caintia Hills% and there are doubtless manyother matters ,ertainin+ to the life of the villa+e whichare dealt with by the chiefs or elders, but while this mayform a suitable back+round for local self@+overnment thetribes alto+ether lack eI,erience of modern self@+overnin+institutions The HDistrict ConferenceH of the )ushai Hills,the tribal council of the North Cachar Hills and the Na+aNational Council are very recent essays in or+anisin+re,resentative bodies for the district as a whole and haveno statutory sanction Ehile there is no doubt that theNa+a, )ushai, 1hasi and *aro will be able to mana+e a lar+emeasure of local autonomy, the North Cachar tribes and theMikir may yet want a ,eriod of su,ervision and +uidance : THE &!ECIA) (EAT6#E& @

Ehatever the ca,acity of the different councils orconferences to mana+e the affairs of the areas may be, the+eneral ,ro,osals for the administration of these areas mustbe based u,on the followin+ considerations- @ "a% The distinct social customs and tribalor+anisations of the different ,eo,les as well as theirreli+ious beliefs (or instance, the 1hasi and the *aro havea matriarchal system, the )ushai have hereditary chiefs, theAo Na+a have +ot the council of elders called LtatarK whichis ,eriodically renewedby election The laws of succession of the )ushai ,ermit theyoun+est son of the family to succeed to the ,ro,erty of hisfather &imilarly, in the case of the *aro, the youn+estdau+hter +ets her motherKs ,ro,erty and so on Christianityhas made considerable headway amon+ the )ushai, 1hasi andthe *aro, but lar+e numbers of the hill ,eo,le stillcontinue their own tribal forms of worshi, which some ,eo,ledescribe as LanimismK "b% The fear of eI,loitation by the ,eo,le of the,lains on account of their su,erior or+anisation andeI,erience of business, the hill ,eo,le fear that ifsuitable ,rovisions are not made to ,revent the ,eo,le of the ,lains from acJuirin+ land in the hill areas, lar+enumbers of them will settle down and not only occu,y landbelon+in+ to the hill ,eo,le but will also eI,loit them inthe non@a+ricultural ,rofessions Thus, the hill ,eo,le seemto attach s,ecial value to the ,resent system of an LInner)ineK to cross which non@tribals enterin+ the area reJuire a,ass, and the ,rovisions ,rohibitin+ non@tribals fromsettlin+ down or carryin+ on business without the a,,rovalof the district@officer It is felt that even industriesshould not be started in the hill areas by non@tribalsbecause that mi+ht mean eI,loitation of the ,eo,le and theland by the non@tribals In addition to these main ,ointsthere is the Juestion of ,reservin+ their ways of life andlan+ua+e, and method of cultivation etc ',inions areeI,ressed that there could be adeJuate ,rotection in thesematters only by transferrin+ the +overnment of the areaentirely into the hands of the hill ,eo,le themselves "c% In the makin+ suitable financial ,rovisions it isfeared that unless suitable ,rovisions are made or ,owersare conferred u,on the local councils themselves, the,rovincial +overnment may not, due to the ,ressure of the,lains ,eo,le, set a,art adeJuate funds for the develo,mentof the tribal areas In this connection we invite areference to the views eI,ressed in the Assam *overnmentKs(actual Memorandum on , :; of Constituent Assembly !am,hletEIcluded and !artially EIcluded Areas @ I ; !#'4I&I'N& '( .=28 ACT @ The ,rovisions of the *overnment of India Act are basedon the ,rinci,le that le+islation which is ,assed by the!rovincial )e+islature is often likely to be unsuitable fora,,lication to the Hill Districts The mechanism ,rovidedfor Hfilterin+H the le+islation is therefore to em,ower the*overnor of the !rovince to

a,,ly or not to a,,ly suchle+islation The full im,lications of the ,rovisions of the*overnment of India Act are discussed in the ConstituentAssembly ,am,hlets on HEIcluded and !artially EIcludedAreasH !arts I and II, and it is ,erha,s not necessary todiscuss them eIhaustively here The main features of the,rovisions are that certain areas have been scheduled aseIcluded or ,artially eIcluded/ it is ,ossible for areas to be transferred from the cate+ory of eIcluded to the cate+oryof ,artially eIcluded by an 'rder@in@Council and, similarly,from the cate+ory of ,artially eIcluded to the cate+ory ofnon@eIcluded/ le+islation will not a,,ly automatically toany such scheduled area even if it is a ,artially eIcludedarea, but will have to be notified by the *overnor who, ifhe a,,lies them at all, can make alterations The revenuesfor eIcluded areas are char+ed to the revenues of the!rovince and s,ecial re+ulations, which do not a,,ly to therest of the !rovince, may be made by the *overnor in hisdiscretion for eIcluded and ,artially eIcluded areas < (6T6#E !')IC? @ The continuance or otherwise of eIclusion cannot beconsidered solely from the ,oint of view of the +eneraladvancement of an area If that were so, all that would benecessary in the case of areas like the )ushai Hills whichare considered sufficiently advanced would be to remove thefeature of eIclusion or ,artial eIclusion such action maybe suitable in the case of certain ,artially eIcluded areasin other ,arts of India 9ut in the Hills of Assam the factthat the hill ,eo,le have not yet been assimilated with the,eo,le of the ,lains of Assam has to be taken into accountthou+h a +reat ,ro,ortion of hill ,eo,le now classed as,lains tribals have +one a lon+ way towards suchassimilation Assimilation has ,robably advanced least inthe Na+a Hills and in the )ushai Hills, and the ,olicy ofeIclusion has of course tended to create a feelin+ ofse,arateness 'n the other hand, it is the advice of anthro,olo+ists"see Dr *uhaKs evidence% that assimilation cannot take,lace by the sudden breakin+ u, of tribal institutions andwhat is reJuired is evolution or +rowth on the oldfoundations This means that the evolution should come asfar as ,ossible from the tribe itself but it is eJuallyclear that contact with outside influences is necessarythou+h not in a com,ellin+ way The distinct features of their way of life have at any rate to be taken into account &ome of the tribal systems such as the system of the tribalcouncil for the decision of dis,utes afford by far thesim,lest and the best way of dis,ensation of $ustice for therural areas without the costly system of courts and codifiedlaws 6ntil there is a chan+e in the way of life brou+htabout by the hill ,eo,le themselves, it would not bedesirable to ,ermit any different system to be im,osed fromoutside The future of these hills now does not seem to liein absor,tion in the hill ,eo,le will becomeindistin+uishable from non@hill ,eo,le but in ,olitical andsocial amal+amation

= THE HI)) !E'!)EK& )AND @ The anIiety of the hill ,eo,le about their land andtheir fear of eI,loitation are undoubtedly matters formakin+ s,ecial ,rovisions/ it has been the eI,erience inother ,arts of India and in other countries, that unless,rotection is +iven, land is taken u, by ,eo,le from themore advanced and crowded areas The Juestion has alreadyacJuired serious ,ro,ortions in the ,lains ,ortions of Assamand the ,ressure of ,o,ulation from outside has brou+ht itu, as a serious ,roblem which in the neIt few years may beeI,ected to become very much more acute There seems to beno doubt whatever therefore that the hill ,eo,le should havethe lar+est ,ossible measure of ,rotection for their landand ,rovisions for the control of immi+ration into theirareas for a+ricultural or non@a+ricultural ,ur,oses Itseems also clear that the hill ,eo,le will not havesufficient confidence if the control on such matters is ke,tin the hands of the ,rovincial *overnment which may only betoo amenable to the ,ressure of its su,,orters Even theHead of the &tate under the new Constitution will ,robablybe an elected head, and even thou+h he may be elected alsoby the votes of the hill ,eo,le, they may still have thefear that he will +ive way to the ,ressure of the ,lains,eo,le on whose votes he may be lar+ely de,endent Theatmos,here of fear and sus,icion which now ,revails, even ifit is ar+ued that it is un$ustified, is nevertheless onewhich must be reco+nised and in order to allay thesesus,icions and fears, it would a,,ear necessary to ,rovideas far as ,ossible such constitutional ,rovisions andsafe+uards as would +ive no room for them Moreover, in theareas where no ri+ht of ,rivate ,ro,erty or ,ro,rietoryri+ht of the chief is reco+nised the land is re+arded as the,ro,erty of the clan, includin+ the forests 9oundariesbetween the area of one hill or tribe are reco+nised andviolation may result in fi+htin+ )ar+e areas of land arereJuired for $hum and this eI,lains in ,art the fear of thetribesman that its availability will be reduced ifincursions by outsiders is ,ermitted In all the hill areasvisited by us, there was an em,hatic unanimity of o,inionamon+ the hill ,eo,le that there should be control ofimmi+ration and allocation of land to outsiders, and thatsuch controls should be vested in the hands of the hill,eo,le themselves Acce,tin+ this then as a fundamentalfeature of the administration of the hills, we recommendthat the Hill Districts should have ,owers of le+islationover occu,ation or use of land other than land com,risin+reserved forest under the Assam (orest #e+ulation of .<=. rother law a,,licable The only limitation we would ,laceu,on this is to ,rovide that the local councils should notreJuire ,ayment for the occu,ation of vacant land by the!rovisional *overnment for ,ublic ,ur,oses or ,revent the acJuisition of ,rivate land, also reJuired for,ublic ,ur,oses, on ,ayment of com,ensation CONSTITUENT ASSEMBLY OF INDIA - VOLUME VII Thursday, the 4th Nove !er "#4$ .> ('#E&T @

As ,art of the Juestion of occu,ation of land thetransfer of the mana+ement of land now classed as reservedforest has also been raised Ee have recommended that thele+islative ,owers of the )ocal Councils should not coverreserved forests Ehile acce,tin+ the need for centralisedmana+ement of the forests, we would stron+ly em,hasise thatin Juestions of actual mana+ement, includin+ the a,,ointmentof forest staff and the +rantin+ of contracts and leases,the susce,tibilities and the le+itimate desires and needs of the hill ,eo,le should be taken into account, and werecommend that the !rovincial *overnment should acce,t this,rinci,le as a ,art of its ,olicy .. CH6MIN* @ Ee recommend further that the tribes should have theri+ht of decidin+ for themselves whether to ,ermit $humcultivation, or not Ee are fully aware of the evils of $humcultivation that it leads to erosion, alteration of therainfall, floods, chan+e of climate etc The tribes may notalways be aware of these dan+ers but they have definitelybe+un to realise that settled or terraced cultivation is thebetter way The An+ami terrace on a lar+e scale and in mostof the hills definite attem,ts at introducin+ settledcultivation are bein+ made The main difficulty however isthe fact that all hill areas do not lend themselves toterracin+ eJually well and in some ,arts, there may be a,ortion which could be terraced without ,rohibitive cost, oreconomically cultivated, by this method Terracin+ meanslabour, a suitable hill side and the ,ossibility ofirri+ation Ehen these are not all available it is obviousthat the tribes cannot be ,ersuaded to take u, terracin+ andmust continue $hum Ehile therefore, we feel stron+ly that$humin+ should be discoura+ed and sto,,ed whenever ,ossible,no +eneral le+islative bar can be im,osed without takin+local circumstances in the account 9esides there is afeelin+ amon+ the tribes that $humin+ is ,art of their wayof life, and that interference with it is wanton, and donewith ulterior motives The wearin+ out of that feelin+ mustcome from within rather than as im,osition from outsidewhich may cause undue eIcitement amon+ the tribes Ee,ro,ose therefore that the control of $humin+ should be leftto local councils who, we eI,ect, will be +uided by eI,ertadvice .0 CI4I) AND C#IMINA) C'6#T& @ 'n the ,rinci,le that the local customary laws shouldbe interfered with as little as ,ossible and that the tribalcouncils and courts should be maintained we recommended thatthe hill ,eo,le should have full ,owers of administerin+their own social laws, codifyin+ or modifyin+ them At,resent the Code of Criminal !rocedure and the Civil!rocedure Code are not a,,licable to the hill districtsthou+h officials are eI,ected to be +uided by the s,irit of these laws In ,ractice, criminal cases, which are not of aserious nature like murder and offences a+ainst the &tate,are left to the tribal councils or chiefs to be dealt within accordance with custom 6sually offences are treated asmatter for the ,ayment of com,ensation and fines areinflicted There a,,ears no harm and a +ood deal of

advanta+e in maintainin+ current ,ractice in this res,ectand we recommend accordin+ly that all criminal offenceseIce,t those ,unishable with death, trans,ortation orim,risonment for five years and u,wards should be left to bedealt with in accordance with local ,ractice and that so faras such offences are concerned the Code of Criminal!rocedure should not a,,ly As re+ards the more seriousoffences ,unishable with im,risonment of five years or morewe are of the view that they should be tried henceforthre+ularly under the Criminal !rocedure Code This does notmean that tribal councils or courts set u, by the localcouncils should not try such cases and we contem,late thatwherever they are ca,able of bein+ em,owered with ,owersunder the Criminal !rocedure Code this should be done As re+ards civil cases "amon+ the tribes there is littledistinction between criminal and civil cases% we recommendthat eIce,t suits arisin+ out of s,ecial laws, all ordinarysuits should be dis,osed of by the tribal councils or courtsand we see no ob$ection to the local councils bein+ investedwith full ,owers to deal with them, includin+ a,,eal andrevision In res,ect of civil and criminal cases where non@tribals are involved, they should be tried under the re+ularlaw and the !rovincial *overnment should make suitablearran+ements for the eI,editious dis,osal of such cases byem,loyin+ Circuit Ma+istrates or Cud+es .2 'THE# )'CA) &E)( *'4E#NMENT @ As re+ards such matters as ,rimary schools dis,ensariesand the like which normally come under the sco,e of localself@+overnin+ institutions in the ,lains it is needless forus to say that the Hill Districts should +et all such ,owersand eIce,t in the North Cachar Hills and the Mikir Hills, weare of o,inion that the Hill !eo,le will be able to takeover control of such matters without much difficulty Eith aview to ,rovidin+ some trainin+ and thereby smoothenin+ thetransition, the Chairman of our &ub@Committee has alreadytaken u, the Juestion of establishment of councils with,owers of local boards The difference between the councilswe contem,late for the Hill Districts and )ocal 9oards willalready have been clear from the fore+oin+ ,ara+ra,hs It is,ro,osed to entrust these councils with ,owers ofle+islation and administration over land, villa+e foresta+riculture and villa+e and town mana+ement in +eneral, inaddition to the administration of tribal or local law 'verand above these matters the tribes are hi+hly interested ineducation and feel that they should have full control over,rimary education at least Ee have considered this Juestionin all its as,ects and feel that the safe ,olicy to followin this matter is to leave it to the local councils to cometo a decision on the ,olicy to be followed Ee recommendthat ,rimary education should be administered by the )ocalCouncils without interference by the *overnment of Assam The Assam *overnment will however always be available to,rovide such advice and assistance as the )ocal Councils mayreJuire throu+h its Education De,artment

,articularly withreference to the linkin+ u, of ,rimary with secondaryeducation As re+ards secondary school education we do notconsider that the Hill !eo,le in +eneral are able to lookafter this sub$ect themselves nor do we consider that thissta+e should be left without some inte+ration at least withthe +eneral system of the !rovince There is of course noob$ection to )ocal Council bein+ made res,onsible for themana+ement of secondary schools where they are found to havethe necessary material 9ut we consider that no statutory,rovision for this necessary and that it should be o,en tothe Council and the *overnment of Assam by eIecutiveinstructions to make the necessary arran+ements The )ocalCouncils will have ,owers of mana+ement in all other mattersusually administered by local boards and we consider that onaccount of the s,ecial circumstances in the hills thecouncils should have ,owers to make their own administrativere+ulations and rules Ee eI,ect however that in allmatters, ,articularly those involvin+ technical matters likeand mana+ement of dis,ensaries or construction of roads, the)ocal Councils and their staffs will work under theEIecutive +uidance of the corres,ondin+ !rovincialDe,artment (or the Mikir and the North Cachar Hills, we recommendthat the necessary su,ervision and +uidance should be,rovided for a ,eriod of siI years which we eI,ect will bethe term of two councils by the a,,ointment of the Districtor &ub@ Divisional officer, as the case may be, as eI@officio!resident of the Council with ,owers, sub$ect to the controlof the *overnment of Assam, to modify or annul resolutionsof the Council and to issue instructions as he may findnecessary .3 (INANCE @ "a% !owers of the Council @ The neIt Juestion we,ro,ose to consider is finance A demand common to the Na+aHills, the 1hasi and CaintiaHills, the *aro Hills and the )ushai Hill is that all ,owersof taIation should rest in the National Councils TheNational Conference of the *aro and of the 1hasi and CaintiaHills su++ested a contribution to the ,rovincial revenues ora sharin+ of certain items If this were acce,ted even theCentre would have no ,owers to levy finances in these area &u++estions re+ardin+ contribution to ,rovincial revenuesare obviously based on the assum,tion that the district, inaddition to what it needs for its own eI,enditure, will havea sur,lus to make over to the !rovincial *overnment In thecase of the *aro Hills, it was su++ested that the abolitionof Damindari ri+hts in that area would result in aconsiderable au+mentation of the revenues of the districtwhich would then be able to s,are a certain sum to the!rovincial *overnment, and +enerally the idea seems to bethat +iven sufficient ,owers the Districts will be able toincrease their revenues by eI,loitation of forests, mineraland hydro@electrical ,otentialities Not only do some of thedistricts feel that they will have ,lenty of money in duecourse but the demand for all ,owers of taIation is based toa lar+e eItent on the fear that if the !rovincial *overnmenthas those ,owers they may not +et a fair deal and there maybe

diversion of money to other districts Districts which,on the other hand feel that they do not command ,otentialsources of revenue or at least realise that the develo,mentof the resources will take time durin+ which they remaineddeficit can only make a va+ue demand for allocation of fundsfrom a benevolent !rovince or Centre to su,,lement localresources The Juestion of finance and ,owers of taIation in anatmos,here of sus,icion and fear is not an easy one Anysur,lus district is likely to eIamine the ,rovincialeI,enditure with a $ealous eye to find out whether it +ets a+ood share of eI,enditure for its own benefit or not TheeItreme case is the eI,ectation or demand that all therevenues derived from a ,articular district must be s,entwithin that district itself It is obvious however thatwhere different districts are functionin+ under a common!rovincial *overnment, the revenues of the whole area becomediverted to a common ,ool from which they are distributed tothe best ,ossible advanta+e of the !rovince as a whole &hould all ,owers of taIation and a,,ro,riation of revenuesbe ,laced in the hands of the hills districts, the ,lainsdistricts will not fail to make a similar demand, and ifthey do, there would be little $ustification to refuse it tothem The concession of such a demand to the variousdistricts virtually amounts to breakin+ u, the ,rovincialadministration 9esides, +ivin+ unre+ulated ,owers oftaIation in +eneral to small units is undesirable as itwould result in different ,rinci,les, ,erha,s unsound,rinci,les, bein+ ado,ted indifferent ,laces for ,ur,oses oftaIation and in the absence of coordination and ,rovincialcontrol, chaos is more likely than sound administration (urther it is obvious that a local council and localeIecutive would be much more susce,tible and amenable tolocal ,ressure and influence that either the !rovincial*overnment or its eIecutive and will therefore not find it,ossible to undertake measures of taIation which the!rovince as a whole can Even if taIes can be adeJuatelyresorted to by the local council, the ,ro,osal that ana,,ro,riation could be made for the ,rovincial revenues doesnot sound ,racticable, for what the Juantum of that will beis to be determined only by the National Council and it isJuite obvious that the Council will decide the Juantum fromthe ,oint of view of its own need rather than the needs of the !rovince as a whole The areas which feel that they havelar+e ,otential sources of revenue must not for+et thattheir demands for educational and other develo,ment are alsovery lar+e and eI,andin+ 4arious other factors such as theefficiency of taI collection and the cost of collectin+staff have to be taken into consideration and we are of theview that the only ,racticable way is to allocate certaintaIes and financial ,owers to the Councils and not all,owers of taIation Acce,tin+ this conclusion then we canconsider what ,owers they should have It +oes withoutsayin+ that they should have all the ,owers which localbodies in a ,lains district en$oy and we recommend that inres,ect of taIes like taIes on houses, ,rofessions ortrades, vehicles,animals, octroi, market dues, ferry dues and ,owers toim,ose cesses for s,ecified ,ur,oses within the ambit of theCouncils, they should have full ,owers Ee eI,ect that theCouncils will seek the advice of the !rovincial *overnmentin eIercisin+ these

,owers but in view of the democratics,irit and nature of tribal life, we do not consider thatany control by the !rovincial *overnment which is ,rescribedby statute is necessary In addition we would recommend,owers to im,ose house taI or ,oll taI, land revenue "asland administration is made over to the Councils%, leviesarisin+ out of the ,owers of mana+ement of villa+e forest,such as +raDin+ dues and licences for removal of forest,roduce "b% !rovincial (inance @ There is no doubt that forsome time to come the develo,ment of the Hills must de,endon the rest of the ,rovince and they will be re+arded asHdeficit areasH As their develo,ment must be re+arded as amatter of ur+ency considerable sums of money will bereJuired but it is eJually certain that measures ofdevelo,ment are needed in other districts also and theclaims of the Hills will not find a free field TheeI,enditure on the eIcluded areas has so far been a non@voted char+e on the ,rovincial revenues but unless it is,rovided in the Constitution that sums considered necessaryby the *overnor for the Hills will be outside the vote of the le+islature we have to consider how the ,rovision of adeJuate revenues can be secured In this connection, wewould ,oint out the admission in the (actual MemorandumNreceived from the *overnment of Assam that while theEIcluded Areas have benefitted by the ,rovision in the*overnment of India Act re+ardin+ them, the !artiallyEIcluded Areas in res,ect of which the funds are sub$ect tothe vote of the le+islature have suffered +reatly In,articular, the ,osition of the Mikir Hills seems to be abad eIam,le Here, only a small ,ro,ortion of the revenuesderived from the area which contains rich forests isutilised in the district and the ,osition in res,ect of,rovision of schools, medical facilities etc isunsatisfactory Ee have noted the views of witnesses fromthe various ,olitical or+anisations that there is a lot of+oodwill amon+ the ,lains ,eo,le towards the tribes but wefeel that a more concrete ,rovision is necessary as,ractical administration must be taken into account It isadmitted all round that the develo,ment of the hills is amatter of ur+ency for the ,rovince as a whole and thereshould therefore be a +ood measure of su,,ort for a s,ecific,rovision Comin+ to the actual ,rovision to be made, it has beensu++ested in some Juarters that the revenue to be s,entwithin a Hill District should be ear marked by ,rovision inthe Constitution and should form a definite ,ro,ortion of the revenue of the !rovince This, in our o,inion, is anim,racticable ,ro,osition since any statutory ratio isinvariable for a number of years and there are no sim,leconsiderations on which it can be based If it is based onthe ,o,ulation, it is obvious that the eI,enditure would betotally inadeJuate, for the hill areas are +enerallys,arsely ,o,ulated 'n the other hand, if a certain sta+e ofdevelo,ment has been reached, the ,rovision of funds on thebasis of area may amount ,am,erin+ the tracts, while revenueis needed elsewhere Ee have no doubt that the fiIation of ari+id ratio by statute would not be suitable for the!rovincial *overnment to work on and may not be in theinterests of the Hills themselves Ee feel that ,lacin+ thesums outside the vote of the le+islature is likely to bedistasteful to the )e+islature and contrary to thedemocratic s,irit and ,roceed therefore to consider analternative

It a,,ears to us that the main reason why the needs of the Hills are a,t to be overlooked is due to the clamour ofmore vocal districts and the facts that there is littleattention to or criticism of, the ,rovisions made for theHills, which in the case of voted items are mer+ed in+eneral fi+ures If therefore a se,arate financial statementfor each such area showin+ the revenue from it and theeI,enditure ,ro,osed is ,laced before the le+islature, itwould have, a,art from the ,sycholo+ical effect, theadvanta+e that it would draw attention s,ecifically to anyinadeJuacy and make scrutiny and criticism easy It can ofcourse be N ! EIcluded and !artially EIcluded Areas @ I"reference to ,a+es are to ,a+es in the ori+inal re,orts % ob$ected that criticism may be i+nored and that the se,aratestatement may therefore not serve any really useful ,ur,ose,but we nevertheless recommend the ,rovision of a se,aratefinancial statement as likely to fulfil its ,ur,ose Ee alsorecommend that the framin+ of a suitable ,ro+ramme ofdevelo,ment, should be on the *overnment of Assam, either bystatute or by an Instrument of Instructions, as anadditional safe+uard "c% Central &ubventions @ Ehile the !rovince may beeI,ected to do its best to ,rovide finances to the limit ofits ca,acity, it seems to us Juit clear that thereJuirements of the Hill Districts, ,articularly fordevelo,ment schemes, are com,letely beyond the ,resentresources of Assam Thou+h the Districts are more develo,edthan the (rontier Tracts in res,ect of which the Central*overnment has reco+nised the need for s,ecial +rants fordevelo,ment, the ,osition of the Hill Districts incom,arison with the ,lains districts is not radicallydifferent The develo,ment of the Hill Districts should forobvious reason by as much the concern of the Central*overnment as of the !rovincial *overnment 9earin+ in mindthe s,ecial ,osition of this ,rovince in res,ect of sourcesof central revenue, we consider that financial assistanceshould be ,rovided by the Centre to meet the deficit in theordinary administration of the districts on the basis of theavera+e deficit durin+ the ,ast three years and that thecost of develo,ment schemes should also be borne by theCentral EIcheJuer Ee recommend statutory ,rovisionsaccordin+ly "d% !rovincial *rants for the )ocal Councils @ &ome ofour coo,ted Members have eI,ressed the a,,rehension that thesources of revenue o,en to them may not ,rovide adeJuaterevenue for the administration of the District Council,,articularly where there are #e+ional Councils Ee have notmade a survey of the financial ,osition of the new councilsand their reJuirements in the li+ht of the res,onsibilitiesim,osed on them but we reco+nise their claim for assistancefrom +eneral ,rovincial revenues to the eItent that they areunable to raise the necessary

revenue from the sourcesallotted to them for the due dischar+e of their statutoryliabilities .8 C'NT#') '( IMMI*#ATI'N @ The Hill !eo,le, as remarked earlier, are eItremelynervous of outsiders, ,articularly non@tribals, and feelthat they are +reatly in need of ,rotection a+ainst theirencroachment and eI,loitation It is on account of this fearthat they attach considerable value of re+ulations like theChin Hill #e+ulations under which an outsider could bereJuired to ,ossess a ,ass to enter the Hill territorybeyond the Inner )ine and an undesirable ,erson could beeI,elled They fell that with the disa,,earance of eIclusionthey should have ,owers similar to those conferred by theChin Hills #e+ulations The !rovincial *overnment, in theirview, is not the ,ro,er custodian of such ,owers since theywould be susce,tible to the influence of ,lains ,eo,le EI,erience in areas inhabited by other tribes shows thateven where ,rovincial laws conferred ,rotection on the landthey have still been sub$ected to eI,ro,riation at the handsof money@lenders and others Ee consider therefore that thefears of the Hill !eo,le re+ardin+ unrestrained liberty tooutsiders to carry on money lendin+ or other non@a+ricultural ,rofessions is not without $ustification and wereco+nise also the de,th of their feelin+ Ee recommendaccordin+ly that if the local councils so decide by ama$ority of three fourths of their members, they introduce asystem of licensin+ for money@lenders and traders Theyshould not of course refuse licences to eIistin+ money@lenders and dealers and any re+ulations framed by themshould be restricted to re+ulatin+ interest, ,rices or,rofit and the maintenance of accounts and ins,ection .: MINE& AND MINE#A)& @ The ,resent ,osition is that eIce,t in relation to the1hasi &tates all ,owers are vested in the !rovincial*overnment The hill ,eo,lestron+ly desire that revenues accruin+ from the eI,loitationof minerals should not +o entirely to the !rovincial*overnment and that their Council should be entitled to thebenefits also In order to ensure this they demand thatcontrol should be vested in them in one way or another Eehave considered this carefully kee,in+ ,articularly in mindthat the 1hasi Hill &tates are now entitled to half theroyalties from minerals and feel that the demand of the hillshould be met, not by ,lacin+ the mana+ement in their hands,but by reco+nisin+ their ri+ht to a fair share of therevenue The mineral resources of the country are limitedand it is reco+nised by us that the issue of licences andleases to unsuitable ,ersons is likely to result inunbusiness like workin+ and devastation Ee consider thatthe best ,olicy is to centralise the mana+ement of mineralresources in the hands of the !rovincial *overnment sub$ectto the sharin+ of the revenue as aforesaid and also to thecondition that no

licences or leases shall be +iven out bythe !rovincial *overnment eIce,t in consultation with thelocal Council .; )E*I&)ATI'N @ The ,osition under the *overnment of India Act, .=28,has already been described It has been ar+ued in someJuarters that no ,rovincial le+islation should be a,,licableto the hill eIce,t with the a,,roval of the Hill Council This, we consider, is a ,ro,osition which cannot be accededto without reservations It is true that no le+islation isnow a,,licable without a notification by the *overnor butthe *overnor in ,ractice would a,,ly the le+islation unlessthere is a reason why it should not be a,,lied, while theCouncil would ,robably be +uided by other considerations There are many matters in which the le+islature has$urisdiction which has nothin+ to do with s,ecial customs inthe hills and to ,rovide that such le+islation should nota,,ly directly would only amount to obstruction or delayin+the course of le+islation which ou+ht to be a,,lied It mayalso frustrate the a,,lication of a uniform ,olicy throu+hthe whole ,rovince and sub$ect everythin+ to the limitedvision of a local council The Hill Districts will of coursehave their re,resentatives in the ,rovincial le+islature andwe feel that a bar should be ,laced only in the way of,rovincial le+islation which deals with sub$ects in whichthe Hill Councils have le+islative ,owers or which arelikely to affect social customs and laws Ee considertherefore that there is no need for a +eneral restrictionand we have ,rovided accordin+ly for limited restriction inClause )N of A,,endiI A to this !art Ee have also includedin this draft a clause concernin+ the drinkin+ of rice@beerwhich is very much a ,art of the hill ,eo,leKs life Ee feelthat the Council should have liberty to ,ermit or ,rohibitthis accordin+ to the wishes of the ,eo,le Ee would drawattention to the fact that the rice@beer "Bu or )ao,ani% isnot a distilled liJuor and that its consum,tion is notdeleterious to the same eItent as distilled liJuor consumedby tribes in other areas .< #E*I'NA) C'6NCI)& @ The conditions obtainin+ in the Na+a Hills and theNorth Cachar Hills, in ,articular, need s,ecial ,rovision The Na+a Hills are the home of many different tribes knownby the +eneral name of Na+a/ in the North Cachar Hills,there are Na+a, Cachari, 1uki, Mikir and some 1hasi or&ynten+ 'ther Hills also contain ,ockets of tribes otherthan the main tribe The local or+anisations referred toearlier have themselves found the need for se,arate &ub@Councils for the different tribes and the condition are suchthat unless such se,arate councils are ,rovided for thedifferent tribes may not only feel that their local autonomyis encroached u,on but there is the ,ossibility of frictionalso Ee have therefore ,rovided for the creation of#e+ional Councils, if the tribes so desire These #e+ionalCouncils will have ,owers limited to their

customary law andmana+ement of their land villa+es Ee also ,ro,ose that the#e+ional Councils shall be able to dele+ate their ,owers tothe District Councils N #eference to ,a+es are to ,a+es in the ori+inal re,orts .= EME#*ENC? !#'4I&I'N& @ The ,icture drawn thus far is therefore that anautonomous Council for the district with ,owers ofle+islation over land, villa+e, forests, social customs,administration of local law, ,owers over villa+e and towncommittees, etc-, with corres,ondin+ financial ,owers Theseare far in eIcess of the ,owers of )ocal 9oards Ehat if theCouncil or the eIecutive controlled by it should misuse the,owers or ,rove inca,able of reasonably efficientmana+ementM &ome of the Hill Districts are no on the bordersof India Ehat if their acts ,rove ,re$udicial to the safetyof the countryM EI,erience all over the country indicatesthat local bodies sometimes mismana+e their affairs +rossly Ee consider that the *overnor should have the ,ower to actin an emer+ency and to declare an act or resolution of theCouncil ille+al or void, if the safety of the country is,re$udiced, and to take such other action as may benecessary Ee also consider that if +ross mismana+ement isre,orted by a Commission, the *overnor should have ,owers todissolve the Council sub$ect to the a,,roval of the)e+islature before which the Council, if so it desires, can,ut its case "&ee clause A of A,,endiI AN% 0> THE (#'NTIE# T#ACT& @ "a% Central Administration recommended @ Ee haveindicated the difference between the (rontier Tracts andother Hill Areas already It is clear that the le+al,osition on the 9ali,ara and &adiya (rontier Tracts is thatthey are ,art of the ,rovince ri+ht u, to the MacMahon )ine #e+ular ,rovincial administration is however not yet,ossible "eIce,t ,erha,s in the ,lains ,ortions before theInner )ine% on account of the circumstances ,revailin+there The ,olicy followed in these tracts as well as on theTira, (rontier "where there is no delineated frontier with9urma yet% and the Na+a Tribal Area is that of +raduallyeItendin+ administration Ee recommend that when the Central*overnment which now administers these areas "and which weconsider it should continue to do with the +overnment of assam as its a+ent% is of the view that administration hasbeen satisfactorily established over a sufficiently widearea, the *overnment of Assam should take over theadministration of that area by the issue of a notification Ee also recommend that the ,ace of eItendin+ administrationshould be +reatly accelerated and that in order tof acilitate this, ste,s should be taken to a,,oint se,arateofficers for the )ohit 4alley, the &ian+ 4alley and the Na+aTribal area which at ,resent is in the $urisdiction of twodifferent officers "the !olitical 'fficer, Tira, (rontierTract and the De,uty Commissioner, Na+a Hills District% Eehave ,rovided that the administration of the areas to bebrou+ht under the ,rovincial administration in future shouldalso be similar to that of eIistin+ Hill Districts

"b% )akhim,ur (rontier and !lains !ortions @ #e+ardin+the )akhim,ur (rontier Tract, is a,,ears to be the view of the EIternal Affairs De,artment that this Tract does notdiffer from the ,lains Hand need not be considered inrelation to the ,roblems of the hill tribes H 'urinformation +oes to show that a ,ortion of the )akhim,ur(rontier Tract was recently "durin+ the war% included in theTira, (rontier Tract The view of the !olitical 'fficerre+ardin+ this ,ortion differed from that of other witnessesand the circumstances here seem to need closer eIamination,as the !olitical 'fficer has stated that the area isinhabited by tribes ,eo,le There are certain 9uddhistvilla+es inhabited by (akials who should be brou+ht into there+ularly administered area if ,ossible About the )akhim,ur(rontier Tract which is under the De,uty Commissioner)akhim,ur we have no hesitation in recommendin+ that itshould be attached to the re+ular administration of theDistrict The re,ort of the De,uty Commissioner ,roducedbefore us in evidence is clear on the ,oint Ee alsoconclude from the evidence collected at &adiya that the&aikhoa+hat ,ortion of the @@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@ N #eference to ,a+es are to ,a+es in the ori+inal re,orts eIcluded area south of the )ohit river and ,ossibly thewhole of the &adiya ,lains ,ortion u, to the Inner )inecould be included in re+ular administration, but feel thatthe Juestion needs more detailed investi+ation and recommendthat it should be undertaken by the !rovincial *overnment The ,ortion of the 9ali,ara (rontier Tract round Charduarshould be sub$ected to a similar eIamination, and theheadJuarters of the !olitical 'fficer of this tract shouldbe shifted into the hills as early as ,ossible "c% !osa !ayments @ Certain ,ayment are bein+ made at,resent to the tribes on the North East (rontier In the9ali,ara (rontier Tract ,ayments called ,osa which total inall to about #s .>,>>> ,er year, and certain customary,resents are ,aid These are vesti+ial ,ayments of sumswhich the tribes used to claim in the days of the Ahom kin+swhether by way of Juid ,ro Juo for kee,in+ the ,eace on theborder and not raidin+ the ,lains or in reco+nition of acustomary claim on the local inhabitants or territory 'nthe Tira, (rontier a ,ayment of #s 38> ,er year is made tothe Chief of Namsan+ as lease money for a tea +arden Eehave considered the Juestion whether these ,ayments shouldbe continued in view of the costly develo,ment schemes bein+undertaken, and have come to the conclusion that it would bea mistake to sto, them The effect u,on the tribes of such aste, would be the feelin+ that the first act of the new*overnment was adverse to them and the result of anydisaffection in this area mi+ht seriously $eo,ardise ouraims of establishin+ administration and brin+in+ the tribes,who are well dis,osed at ,resent, into the fold ofcivilisation within our boundaries The ,ayments

arene+li+ibly small in com,arison with the lar+e sums of moneyreJuired for these areas and we recommend that they shouldcontinue unchan+ed at any rate till there is a suitableo,,ortunity for a review of the ,osition 0. #E!#E&ENTATI'N @ "a% Adult (ranchise @ The ,artially eIcluded areas arealready re,resented in the ,rovincial le+islature In the*aro Hill Mikir Hills the franchise as already stated is arestricted one The eIcluded areas have no re,resentation at,resent &o far as the frontier tracts tribal areas areconcerned they have no re,resentation and the circumstancesare such that until it is declared that an area is or can bebrou+ht under re+ular administration, re,resentation cannotbe ,rovided Ee are of o,inion that eIamination should bemade as soon as ,ossible of this Juestion in view of thevery clear desire eI,ressed by the Abor, Hkam,ti and othersfor re,resentation Meanwhile, we are of the view that thereis no lon+er any $ustification for the eIclusion of theNa+a, )ushai and North Cachar Hills and that these areasshould be re,resented in the ,rovincial le+islature Therestriction on the franchise in the *aro and Mikir Hillsshould be removed and, if there is universal adult franchiseelsewhere, that system should be a,,lied to all these Hills Ee would note here that our collea+ues from the )ushai HillseI,ressed some doubts about the feasibility of adultfranchise in the )ushai Hills and seemed to ,refer householdfranchise Ee do not antici,ate any real difficulty in adultfranchise here if it is feasible elsewhere but wouldrecommend that the ,osition of the )ushai Hills may beconsidered by the a,,ro,riate body which deals with theJuestion of franchise "b% !rovincial #e,resentation @ As re+ards the numberof re,resentatives of the Hill Districts in the ,rovincialle+islature, we are of the view that if the ,rinci,le ofwei+hta+e is reco+nised for any community, the case of thehill ,eo,le should receive a,,ro,riate consideration in thatres,ect Thou+h we do not ,ro,ose that there should be anywei+hta+e for the hill ,eo,le as a ,rinci,le, we are clearthat the number of re,resentatives for each of the HillDistricts should not be less in ,ro,ortion to the totalnumber than the ratio of the ,o,ulation of the district tothe total ,o,ulation even thou+h this may, in some cases,mean a sli+htly wei+hted re,resentation in ,ractice In thedraft ,rovincial constitution we find that it is ,rovidedthat the scale of re,resentationin the ,rovincial Assembly is not to eIceed onere,resentative for every lakh of the ,o,ulation 'n thisbasis, the Hill Districts would, accordin+ to the minimumrecommended by us, obtain re,resentation as follows- @ No !o,ulation

1hasi F Caintia Hills 0 .>8,3:2*aro Hills 2 002,8:=Mikir Hills 0 .3=,;3:Na+a Hills 0 .<=,:3.)ushai Hills 0 .80,;<:North Cachar Hills . 2;,2:.@ @ @ @ @ @ @ @ T'TA) .0 <8<,8::@ @ @ @ @ @ @ @ It will be seen if the total ,o,ulation of the Hills istaken, the number of re,resentatives for all the Hills willbe somewhat in eIcess of the number which would be arrivedat on the basis of one re,resentative for each lakh of the,o,ulation Ee are not only of the view that in the s,ecialcircumstances of the Hills, re,resentatives as recommendedby us is necessary to ,rovide ,ro,er re,resentation but thatthe eIcess should not be ad$usted to the detriment of therest of Assam out of the total number admissible under&ection .="0% of the Draft !rovincial Constitution Ee have,rovided accordin+ly that in reckonin+ the number ofre,resentatives for the rest of Assam, the ,o,ulation andthe number of re,resentatives for the rest of Assam, the,o,ulation and the number of re,resentatives of the Hillsshall not be taken into account Ee contem,late that the1hasi and Caintia Hills should include the Munici,ality andCantonment of &hillon+ which is at ,resent a +eneralconstituency This will be an eIce,tion to the ,rovisionbarrin+ non@tribals from election in the Hillconstituencies "c% (ederal )e+islature @ The total ,o,ulation of theHill Districts +iven above clearly $ustifies a seat for theHill Tribes in the (ederal )e+islature on the scale ,ro,osedin &ection .2"c% of the Draft 6nion Constitution "d% Coint Electorate @ The Hill Districts have thissim,le feature, that their ,o,ulations are almost entirelytribal In the 1hasi and Caintia Hills "a ,ocket of MikireIce,ted% in the *aro Hills, the Mikir Hills "some #en+maand 1uki eIce,ted% the ,o,ulation is uniform In the Na+aHills, amon+ the different tribes like the An+ami, Ao, &ema,there is now the be+innin+ of a feelin+ of unity The Na+aHills District has a ,o,ulation of . <8 lakhs and is likelyto +et two re,resentatives at least which mi+ht enable theallocation of one each to the two main centres of 1ohima andMokokchun+ In the North Cachar Hills the ,osition is lesssatisfactory but in all these areas we consider that theelectorate should be $oint for all the tribes and non@tribals residin+ there In view of the ,re,onderance oftribal ,eo,le we consider that no reservation of seats isnecessary and the only condition which we ,ro,ose is thatthe constituencies should not overla, across the boundariesof the district "in the case of North Cachar, thesubdivision% "e% Non@Tribals 9arred @ Ee have considered theJuestion of non@tribals residin+ ,ermanently in the hills &ome of these have been in residence for more than one+eneration and may well claim the ri+ht to stand forelection but we find that the feelin+ a+ainst allowin+ themto stand for election is eItremely stron+ It is felt thateven thou+h in a ,redominantly tribal constituency thechances are all in favour of a tribal candidate, the non@tribals, in view of their +reater financial stren+th cannullify this advanta+e Ee recommend therefore that ,lains,eo,le should not be eli+ible for election to the ,rovincialle+islature from the Hill Constituencies

00 THE !#'4INCIA) MINI&T#? @ That the Hills can already ,rovide re,resentative whocan take ,art in the ,rovincial administration is obvious 'n four occasions residents of the 1hasi Hills have occu,ieda ,lace in the ,rovincial EIecutive Council or Cabinet Thehitherto eIcluded )ushai and Na+a Hills have the same,otentiality Eith Ministers from the Hills in the Cabinetit may be eI,ected indeed that their interests will not bene+lected The doubts raised are- will there necessarily bea Minister from the Hills even when a suitable ,erson isavailableM If not who will look after interest of the HillsMThe Hill areas contain close u,on a million ,eo,le and inview of the +reat im,ortance of the frontier hills in,articular, it would be wise of any Ministry to make a ,ointof havin+ at least one collea+ue from the Hills It is ourconsidered view that re,resentation for the Hills should be+uaranteed by statutory ,rovision if ,ossible If this isnot ,ossible, we are of the view that a suitable instructionshould be ,rovided in the instrument of instructions orcorres,ondin+ ,rovision The develo,ment of the Hillshowever is a matter which reJuires s,ecial attention in theinterests of the ,rovince and we feel that if thecircumstances necessitate it, the *overnor should be in a,osition to a,,oint a s,ecial Minister who should, if,ossible, be from amon+ the hill ,eo,le In this connectionwe would refer to the need for a s,ecial develo,ment ,lanwhich we have referred to in !ara N.:"b% 02 THE &E#4ICE& @ A +ood deal of discussion has centred round the ,roblemof ,rovidin+ suitable officials for the hills The number ofsuitably Jualified candidates from the hill ,eo,lethemselves has been inadeJuate hitherto and the utilisationof other candidates has of course been found necessary Nos,ecial service has been considered necessary for the hills 'n the other hand there has been a certain amount of feelin+a+ainst the ,lains officials notably Juestion carefully andcome to the conclusion that no se,arate service for theHills is desirable or necessary and that there should befree interchan+e between hill and non@hill officials, atleast in the hi+her cadres of the ,rovincial and All India&ervices The District Councils will doubtless a,,oint alltheir staff from their own ,eo,le and to ,reventinterchan+eability would be tantamount to ,er,etuatin+eIclusion as our ,ro,osals involve a +ood deal of se,arationalready Ee recommend therefore that while non@tribalofficials should be eli+ible for ,ostin+ to the hills andvice versa should be selected with care Ee also recommendthat in recruitment the a,,ointment of a due ,ro,ortion ofhill ,eo,les should be ,articularly ke,t in mind and,rovided for in rules or eIecutive instructions of the!rovincial *overnment 03 A C'MMI&&I'N @

Ee have referred to the need for s,ecial attention tothe develo,ment of the Hills No statutory ,rovision for theearmarkin+ of adeJuate funds is considered ,ossible 'n theother hand, the Hill Councils recommended by us will havefar +reater ,owers than local bodies in ,lains districts The Hills occu,y a ,osition of strate+ic im,ortance and itis in our o,inion of +reat im,ortance for constant touch to be maintained with the develo,ment and administration of these areas (or this ,ur,ose we consider that there shouldbe ,rovision for the a,,ointment of a Commission, on whichwe eI,ect that there will be re,resentatives of the tribes,to eIamine the state of affairs ,eriodically and re,ort Eerecommend that there should be ,rovision to a,,oint theCommission ad hoc or ,ermanently and that the *overnor of the ,rovince should have the res,onsibility and ,ower fora,,ointin+ it The re,ort of the Commission should enablethe *overnment to watch the ,ro+ress of the develo,ment ,lanand take such other administrative action as may benecessary 08 !)AIN& T#I9A)& @ The total tribal ,o,ulation of Assam was shown in theCensus of .=3. as 0,3<3,==: The eIcluded and ,artiallyeIcluded areas contribute to this only <:2,03< About . :million tribals therefore live in the ,lains includin+ thosewho work as tea@+ardens labour The terms of our enJuiry arethat we re,ort on a scheme of administration for the tribaland eIcluded areas and the Juestion of tribes ,eo,le in the,lains strictly does not concern us #eference to ,ara is to ,ara in the ori+inal re,ort Their case will doubtless be dealt with by the Minorities&ub@Committee The ,o,ulation of the ,lains tribals which isbein+ +radually assimilated to the ,o,ulation of the ,lains,should for all ,ractical ,ur,oses be treated as a minority Measures of ,rotection for their land are also in our viewnecessary At ,resent certain seats are reserved in the,rovincial le+islature for them The Juestion of theirre,resentation and ,rotection will we ho,e be considered bythe Minorities &ub@Committee Ee have ke,t in mind howeverthe ,ossibility of there bein+ certain areas inhabited bytribals in the ,lains or at the foot of the hills whom itmay be necessary to ,rovide for in the same manner 5&eeClauseN A "2% of A,,endiI A7 0: 9'6NDA#IE& @ All the Hills ,eo,le have eI,ressed a desire for therectification of district boundaries so that ,eo,le of thesame tribe are brou+ht under a common administration Eesym,athise with this desire but find that it is only outsideour terms of reference but also that it would necessitate anamount of eIamination which would make it im,ossible for usto submit our re,ort to the Advisory

Committee in time The,resent boundaries have, we find, been in eIistence for manyyears and we feel that there is time for a se,aratecommission set u, by the !rovincial *overnment to work onthe ,roblems involved An eIce,tion should however be thecase of the 9ar,athar and &aru,athar mauDas included in theMikir Hills which the !rovincial *overnment have alreadydecided should be removed from the cate+ory of eIcluded andadded to the re+ularly administered areas "see memorandum of*overnment of Assam% Ee a+ree with this recommendation and,ro,ose that it should be +iven effect when the newConstitution comes into force 0; N'N@T#I9A) #E&IDENT&@ In the Hill Districts, a certain number of non@tribal,eo,le reside as ,ermanent residents They +enerally follownon@a+ricultural ,rofessions but some cultivate land also Ee have recommended that these residents should not beeli+ible to stand for election to the ,rovincialle+islature It is necessary however to ,rovide them withre,resentation in the local council if they are sufficientlynumerous Ee contem,late that constituencies may be formedfor the local councils if the number of residents is notbelow 8>> and that non@tribal constituencies should beformed where this is $ustified 0< D#A(T !#'4I&I'N&@ (or the sake of convenience we have condensed most ofour recommendations into the forms of a draft of ,rovisionsin rou+hly le+al form and this draft will be found as ana,,endiI to this ,art The draft also contains certainincidental ,rovisions includin+ finance not referred to inthis re,ort 0= T#AN&ITI'NA) !#'4I&I'N&@ #eference has been made to the constitutions drafted inthe different district for their local councils This is ofcourse the eI,ression of the stron+ desire for autonomy inthe Hill District #ather more im,ortant however are theindividualities of the different tribes and the distinctnessof their customers and social systems If the tribes areallowed to decide the com,osition and ,owers of their owncouncils it will doubtless afford them the maIimum ofsentimental satisfaction and conduce also to the erection of a mechanism suited without Juestion for their own needs and,ur,oses Ehile therefore it will be necessary in theeIistin+ conditions for the *overnor of Assam "as thefunctionary who will carry on the administration till thenew constitution comes into force% to frame ,rovisionalrules for holdin+ elections and constitutin+ the councils Ee recommend that the councils thus convened should be,rovisional councils "one year% and that they should frametheir own constitution and re+ulations for the future @@@@@@@@@@@@@@@@@@@@@@@@@@@@

N #eference to clause is to clause in the ori+inalre,ort 5AnneIure 47 A!!ENDIT AN T' !A#T '( N'#TH@EA&T (#'NTIE# "A&&AM% T#I9A) AND ETC)6DED A#EA& &69@C'MMITTEE #E!'#T A ".% The areas included in &cheduleN A to this !artshall be autonomous districts "0% An autonomous district may be divided intoautonomous re+ions "2% &ub$ect to the ,rovisions of section ! the*overnment of Assam may from time to time notify any areanot included in the said schedule as an autonomous districtor as included in an autonomous district and the ,rovisionsof this !art shall thereu,on a,,ly to such area as if it wasincluded in the said schedule "3% EIce,t in ,ursuance of a resolution ,assed by theDistrict Council of an autonomous district in this behalfthe *overnment of Assam shall not notify any districts,ecified or deemed to be s,ecified in the schedule or ,artof such district, as ceasin+ to be an autonomous district ora ,art thereof 9 ".% There shall be a District Council for each of theareas s,ecified in &cheduleN A The Council shall have notless than twenty nor more than forty members, of whom notless than three@fourths shall be elected by universal adultfranchise Note @ If adult franchise is not universally ado,tedthis ,rovision will have to be altered "0% The constituencies for the elections to theDistrict Council shall be so constituted if ,racticable thatthe different tribals or non@tribals, if any, inhabitin+ thearea shall elect a re,resentative from amon+ their own tribeor +rou,!rovided that no constituency shall be formed with atotal ,o,ulation of less than 8>> "2% If there are different tribes inhabitin+ distinctareas within an autonomous district, there shall be ase,arate #e+ional Council for each such area or +rou, of areas that may so desire "3% The District Council in an autonomous district with#e+ional Council shall have such ,owers as may be dele+atedby the #e+ional Council in addition to the ,owers conferredby this constitution

"8% The District or the #e+ional Council may framerules re+ardin+ "a% the conduct of future elections, thecom,osition of the Council, the office bearers who may bea,,ointed, the manner of their election and other incidentalmatters, "b% the conduct of business, "c% the a,,ointment ofstaff, "d% the formation and functionin+ of subordinatelocal councils or boards, "e% +enerally all matters,ertainin+ to the administration of sub$ects entrusted to itor fallin+ within its ,owers!rovided that the De,uty Commissioner or the &ub@divisional officer as the case may be of the Mikir and theNorth Cachar Hills shall be the Chairman eI@officio of theDistrict Council and shall have for a ,eriod of siI yearsafter the constitution of the Council, ,owers sub$ect to thecontrol of the *overnment of Assam to annul or modify anyresolution or decision of the District Council or to issuesuch instructions as he may consider a,,ro,riate C ".% The #e+ional Council, or if there is no #e+ionalCouncil, the District Council, shall have ,ower to make lawsfor the area under its $urisdiction re+ardin+ "a% allotment,occu,ation or use for a+ricultural, residential or othernon@a+ricultural ,ur,oses, or settin+ a,art for +raDin+,cultivation, residential or @@@@@@@@@@ N #eferences to a,,endices and schedules are toa,,endices and schedules in the ori+inal re,orts other ,ur,oses ancillary to the life of the villa+e or town,of land other than land classed as reserved forest under theAssam (orest #e+ulation, .<=. or other law on the sub$ecta,,licable to the district !rovided that land reJuired by the *overnment of Assamfor ,ublic ,ur,oses shall be allotted free of cost ifvacant, or if occu,ied, on ,ayment of due com,ensation inaccordance with the law relatin+ to the acJuisition of land,"b% the mana+ement of any forest which is not a reserveforest, "c% the use of canal or water courses for the,ur,oses of a+riculture, "d% controllin+, ,rohibitin+ or,ermittin+ the ,ractice of $hum or other forms of shiftin+cultivation, "e% the establishment of villa+e or towncommittees and council and their ,owers, "f% all othermatters relatin+ to villa+e or town mana+ement, sanitation,watch and ward "0% The #e+ional Council or if there is no #e+ionalCouncil, the District Council shall also have ,owers to makelaws re+ardin+ "a% the a,,ointment or succession of chiefsor headmen, "b% inheritance of ,ro,erty, "c% marria+e andall other social customs D ".% &ave as ,rovided in &ection ( the #e+ionalCouncil, or if there is no #e+ional Council, the DistrictCouncil, or a court constituted by it in this behalf shallhave all

the ,owers of a final court of a,,eal in res,ect ofcases or suits between ,arties, all of whom belon+ to hilltribes, in its $urisdiction "0% The #e+ional Council, or if there is no #e+ionalCouncil the District Council, may set u, 4illa+e Councils orCourts for the hearin+ and dis,osal of dis,utes or casesother than cases tribal under the ,rovisions of &ection (,or cases arisin+ out of laws ,assed by it in the eIercise ofits ,owers, and may also a,,oint such officials as may benecessary for the administration of its laws E The District Council of an autonomous district shallhave the ,owers to establish or mana+e ,rimary schools,dis,ensaries, markets, cattle ,ounds, ferries, fisheries,roads and waterways and in ,articular may ,rescribe thelan+ua+e and manner in which ,rimary education shall beim,arted ( ".% (or the trial of acts which constitute offences,unishable with im,risonment for five years or more or withdeath, or trans,ortation for life under the Indian !enalCode or other law a,,licable to the district or of suitsarisin+ out of s,ecial laws or in which one or more of the,arties are non@tribals, the *overnment of Assam may confersuch ,owers under the Criminal !rocedure Code or Civil!rocedure Code as the case may be on the #e+ional Council,the District Council or Courts constituted by them or anofficer a,,ointed by the *overnment of Assam as it deemsa,,ro,riate and such courts shall try the offences or suitsin accordance with the Code of Criminal !rocedure or Civil!rocedure as the case may be "0% The *overnment of Assam may withdraw or modify,owers conferred on the #e+ional Council or District Councilor any court or office under this section "2% &ave as ,rovided in this section the Criminal!rocedure Code and the Civil !rocedure Code shall not a,,lyto the autonomous district Note @ H&,ecial )awsH @ )aws of the ty,e of the law ofcontract, com,any law or insurance etc are contem,lated * ".% There shall be constituted a District or#e+ional (und into which shall be credited all moneysreceived by the District Council or #e+ional Council as thecase may be in the course of its administration or in thedischar+e of its res,onsibilities "0% #ules a,,roved by the Com,troller of Assam shall bemade for the mana+ement of the (und by the District or#e+ional Council and mana+ement of the (und shall be sub$ectto these rules H ".% A #e+ional Council, or if there is no #e+ionalCouncil the District Council shall have the followin+ ,owersof taIation-

"a% sub$ect to the +eneral ,rinci,les of assessmenta,,roved in this behalf for the rest of Assam, land revenue,"b% ,oll taI or house taI "0% The District Council shall have ,owers to im,osethe followin+ taIes, that is to say "a% a taI on,rofessions, trades or callin+, "b% a taI on animals,vehicles, "c% toll taI "d% market dues, "e% ferry dues, "f%cesses for the maintenance of schools, dis,ensaries orroads "2% A #e+ional Council or District Council may makerules for the im,osition and recovery of the taIes withinits financial ,owers I ".% The *overnment of Assam shall not +rant anylicence or lease to ,ros,ect for or eItract minerals withinan autonomous district save in consultation with theDistrict Council "0% &uch share of the royalties accurin+ from licencesor leases for minerals as may be a+reed u,on shall be madeover to the District Council In default of a+reement suchshare as may be determined by the *overnor in his discretionshall be ,aid C ".% The District Council may for the ,ur,ose ofre+ulatin+ the ,rofession of moneylendin+ or tradin+ by non@tribals in a manner detrimental to the interests of thetribals make rules a,,licable to the district or any ,ortionof it- "a% ,rescribin+ that eIce,t the holder of a licenceissued by the Council in this behalf no ,erson shall carryon moneylendin+, "b% ,rescribin+ the maIimum rate ofinterest which may be levied by a moneylender, "c% ,rovidin+for the maintenance of accounts and for their ins,ection byits officials, "d% ,rescribin+ that no non@tribal shallcarry on wholesale or retail business in any commodityeIce,t under a licence issued by the district council inthis behalf!rovided that no such rules may be made unless theDistrict Council a,,roves of the rules by a ma$ority of notless than three@fourths of its members!rovided further that a licence shall not be refused tomoneylenders and dealer carryin+ on business at the time of the makin+ of the rules 1 ".% The number of members re,resentin+ an autonomousdistrict in the !rovincial )e+islature shall bear at leastthe same ,ro,ortion to the ,o,ulation of the district as thetotal number of members in that )e+islature bears to thetotal ,o,ulation of Assam "0% The total number of re,resentatives allotted to theautonomous districts "which may at any time be s,ecified in&chedule AN% in accordance with &ub@section ".% of this&ection shall not be taken into account in reckonin+ thetotal number of

re,resentatives to be allotted to the restof the !rovince under the ,rovisions of&ection of the !rovincial Constitution "2% No constituencies shall be formed for the ,ur,oseof election to the !rovincial )e+islature which include,ortions of other autonomous districts or other areas norshall any non@tribal be eli+ible for election eIce,t in theconstituency which includes the Cantonment and Munici,alityof &hillon+ ) ".% )e+islation ,assed by the ,rovincial le+islaturein res,ect of "a% any of the sub$ects s,ecified in section Cor "b% ,rohibitin+ or restrictin+ the consum,tion of anynon@distilled alcoholic liJuor, shall not a,,ly to anautonomous district "0% A #e+ional Council of an autonomous district or ifthere is no #e+ional Council, the District Council may a,,lyany such law to the area under its $urisdiction, with orwithout modification M The revenue and eI,enditure ,ertainin+ to anautonomous district which is credited to or met from thefunds of the *overnment of Assam shall be shown se,aratelyin the annual financial statement of the !rovince of Assam @@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@ N #eference to schedule is to schedule in the ori+inalre,ort N There shall be ,aid out of the revenues of the(ederation to the *overnment of Assam such ca,ital andrecurrin+ sums as may be necessary to enable that*overnment @ "a% to meet the avera+e eIcess of eI,enditureover the revenue durin+ the three years immediately,recedin+ the commencement of this constitution in res,ectof the administration of the areas s,ecified in &chedule A/and "b% to meet the cost of such schemes of develo,ment asmay be undertaken by the *overnment with the a,,roval of the(ederal *overnment for the ,ur,ose of raisin+ the level of administration of the aforesaid areas to that of the rest of the ,rovince ' ".% The *overnor of Assam may at any time institutea commission s,ecifically to eIamine and re,ort on anymatter relatin+ to the administration or, +enerally at suchintervals as he may ,rescribe, on the administration of theautonomous districts +enerally and in ,articular on "a% the,rovision of educational and medical facilities andcommunications "b% the need for any new or s,ecialle+islation, and "c% the administration of the District or#e+ional Councils and the laws or rules made by them

"0% The re,ort of such a commission with therecommendations of the *overnor shall be ,laced before the,rovincial le+islature by the Minister concerned with aneI,lanatory memorandum re+ardin+ the action taken or,ro,osed to be taken on it "2% The *overnor may a,,oint a s,ecial Minister for theAutonomous Districts ! ".% The *overnment of Assam may, with the a,,rovalof the (ederal *overnment, by notification make thefore+oin+ ,rovisions or any of them a,,licable to any areas,ecified in &chedule 9N to this ,art, or to a ,art thereof/and may also, with the a,,roval of the (ederal *overnment,eIclude any such area or ,art thereof from the said&chedule "0% Till a notification is issued under this section,the administration of any area s,ecified in &chedule 9N orof any ,art thereof shall be carried on by the 6nion*overnment throu+h the *overnment of Assam as its a+ent A ".% The *overnor of Assam in his discretion may, ifhe is satisfied that any act or resolution of a #e+ional orDistrict Council is likely to endan+er the safety of India,amend or sus,end such act or resolution and take such ste,sas he may consider necessary "includin+ dissolution of theCouncil and the takin+ over of its administration% to,revent the commission or continuation of such act or +ivin+effect to such resolution "0% The *overnor shall ,lace the matter before thele+islature as soon as ,ossible and the le+islature mayconfirm or set aside the declaration of the *overnor # The *overnor of Assam may on the recommendation of acommission set u, by him under section N order thedissolution of a #e+ional or District Council and directeither that fresh election should take ,lace immediately, orwith the a,,roval of the le+islature of the ,rovince, ,lacethe administration of the area directly under himself or thecommission or other body considered suitable by him, durin+the interim ,eriod or for a ,eriod not eIceedin+ twelvemonths!rovided that such action shall not be taken withoutaffordin+ an o,,ortunity to the District or #e+ional Councilto be heard by the ,rovincial le+islature and shall not betaken if the ,rovincial le+islature is o,,osed to it Transitional !rovisions*overnor to carry on administration as under the .=28Act till a Council is set u,, he should take action toconstitute the first District Council or #e+ional Counciland frame ,rovisional rules in consultation with eIistin+tribal Councils

N #eference to &chedule is to &chedule in the ori+inalre,ort or other re,resentative or+anisations, for the conduct of the elections, ,rescribed who shall be the office bearers,etc The term of the first Council to be one year *'!INATH 9A#D')'I "Chairman% C C M NICH')&@#'? #6! NATH 9#AHMA A 4 THA11A# &chedule A The 1hasi and Caintia Hills District eIcludin+ the townof &hillon+ The *aro Hills District The )ushai Hills District The Na+a Hills District The North Cachar &ub@division of the Cachar District The Mikir Hills ,ortion of Now+on+ and &ibsa+arDistrict eIce,tin+ the mouDas of 9ar,athar and &aru,athar &chedule 9 The &adiya and 9ali,ara (rontier Tracts The Tira, (rontier Tract "eIcludin+ the )akhim,ur (rontier Tract% The Na+a Tribal Area A!!ENDIT C 5AnneIure 4I7 Co,y of Notification No .@T, dated the .st A,ril .=2;,from the *overnment of India in the EIternal AffairsDe,artment In eIercise of the ,owers conferred by sub@section ".%of &ection .02, read with sub@section "2% of &ection 2.2, of the *overnment of India Act, .=28, the *overnor *eneral inCouncil is ,leased to direct the *overnor of Assam todischar+e as his a+ent, in and in relation to the tribalareas beyond the eIternal boundaries of the !rovince of assam, all functions hitherto dischar+ed in and in relationto the said areas by the said *overnor as A+ent to the*overnor@*eneral in

res,ect of the ,olitical control of thetrans@border tribes, the administration of the said areasand the administration of the Assam #ifles and other armedcivil forces A!!ENDIT C 5AnneIure 4II7 #E!'#T '( THE N'#TH@EA&T (#'NTIE# "A&&AM% T#I9A) AND ETC)6DED A#EA& &69@C'MMITTEE !art II . THE 9A)I!A#A (#'NTIE# T#ACT @ This is the tract between the &ubansiri #iver on theeast, 9hutan on the west and the MacMahon )ine to the north,with its headJuarters at Charduar about 0> miles fromTeD,ur It is included in the &chedule to the *overnment ofIndia "EIcluded and !artially EIcluded Areas% 'rder as anEIcluded Area, but in ,ractice it is administered by the*overnor of Assam as the A+ent to the *overnment of Indiaand is treated in this res,ect as a tribal area The ,ortionimmediately to the north of Charduar and u, to the Inner)ine is a ,lains ,ortion the area of which isestimated to be a,,roIimately .,>>> sJuare miles Thecensused ,ortion of the area was 8;. sJuare miles and the,o,ulation of :,8.0 contained only 8:> Dafla, the remainin+number of 0202 ,ersons enumerated as Assam tribes consistin+of Cachari, *aro, Mikir and Miri The area beyond the Inner)ine is estimated to cover about ..,>>> sJuare miles andcontain a ,o,ulation of a,,roIimately 28>,>>> (oradministrative ,ur,oses it is at ,resent divided into two,arts, the 9ali,ara or &ela A+ency and the &ubansiri Areaunder two !olitical 'fficers !articularly in the &ubansiriArea there are ,ortions which have not yet been eI,lored byour officers, and the details of the tribes livin+ there arestill not fully known In the &ela area administration hasbeen eItended as far as Diran+ DDon+ and this area containstribes like the Momba, &illun+, Aka or #huso, &en$ithon$i The &ubansiri area is inhabited lar+ely by Dafla "Nisu% andA,atani but lar+e areas have yet to be visited and eI,lored In the western ,ortions of the tract the way of life of the tribes is influenced a +ood deal by Tibetan customs and9uddhist monastaries but in the eastern sector the ,eo,leare much more ,rimitive &ome terraced cultivation andoran+e +ardens eIist but ,eo,le like the Aka de,end on$humin+ )iteracy amon+ the tribes seems to be very ,oor ins,ite of the influence of monastaries EIce,t amon+ theMomba there is little demand even for education (or theirreJuirements of cloth and salt notably the inhabitantsde,end u,on contact with the ,lains areas or with theTibetans The monastery at Towin+ eIercises considerableinfluence over the lives of these tribes and ,uts forwardclaims to monastic taIation The tribes kee, ,oultry, ,i+s,+oats

and mithun In the olden days some chiefs herea,,arently used to eIercise a kind of ri+ht of levyin+ taIesin ,lains villa+es This a,,ears to have been reco+nised bythe Ahom 1in+s who allowed relief to the ,eo,le liable tosuch taIes from other taIes to a corres,ondin+ eItent Inconnection with these levies an a+reementN was entered intoby the 9ritish *overnment for the ,ayment of an annualsubsidy, known as ,osa #s 8,>>> are ,aid to the Talun+DDon+,ons and the &at #a$as of 1alaktan+ and some bottles ofrum and cloth also are +iven The tribes in return also+iven certain ,resents like ebony, a +old rin+, two Chinesecu,s, two yak tails and two blankets &imilar ,ayments of,osa are made to the Chaduar 9hutia or &herduk,en,Themban+ia 9hutia, Aka and certain other tribes !ayments tothe Dafla and Miri are however made only to freemen and inall cases cease on the death of the ,resent holder Thetotal ,ayment of ,osa comes to about .>,>>> ru,ees ,er year Maintenance of law and order in this area as well as defencea+ainst eIternal encroachment is looked after by the ,ostsoccu,ied by the Assam #ifles Thou+h some of the witnesses who a,,eared before uscould s,eak Assamese and a,,eared to be intelli+ent, we areinclined to a+ree with the !olitical 'fficerKs view thatuntil the five@year ,lan which ,rovides for an eI,ansion ofschools and communications has been +iven effect, there islikely to be little material in this Tract ,articularly inthe &ubansiri Area, for local self@+overnin+ institutions (or some time the ,roblems of administration here mustremain confined lar+ely to the maintenance of ,eace amon+the tribes, ,revention of encroachment and o,,ression byTibetan taI collectors, eItension of communications, andelementary facilities for obtainin+ medicine and ,rimaryeducation Tibetan officials are known to have set u, tradeblocks with a view to com,ellin+ trade with Tibet ratherthan India and the removal of these obstructions is a matterwhich may involve ,olitical contact with Tibetanauthorities As already ,ointed out lar+e areas are as yetterra inco+nita to our officers and the attitude of thetribes is one of fear or sus,icion which may @@@@@@@@@@@@@@@@@@@@@@@@@@@@ N Clause I4 of A+reement No T)I4 of .<<< with the1a,aschor or 1avatsun Akas runs as follows- @ The H,osaH weshall receive from *overnment is in lieu of the due weformerly levied on the Assamese inhabitants of the ,lains,and that we have no ri+ht to receive any food, service, duesor other token of su,eriority from any recei,t in 9ritishterritory Aitcheson 4ol TII easily turn to hostility It is clear however that thesouthern ,ortions of the tract will develo, earlier than thenorthern most ,ortions and administration of the ,oliticala+ency ty,e can therefore be +radually shifted northwards The !olitical officersK view is that the time is not yetri,e for shiftin+ his headJuarters from Charduar to a ,lacein the hills The area round Charduar which is in the ,lains,ortion is inhabited mostly by non@tribals or detribalised,eo,le of tribal ori+in The Juestion of brin+in+ it underre+ular administration needs therefore to be eIamined indetail by the !rovincial *overnment Ehat we contem,late isthat

areas over which adeJuate control has been establishedshould be brou+ht under the re+ular ,rovincialadministration while areas further north remain under thecontrol of the Central *overnment, as at ,resent The Centreshould however administer the tract throu+h the !rovincial*overnment as its a+ent so that the !rovincial *overnmentremains in contact with the administrationN Ee are also of the view that ste,s should be taken assoon as ,racticable to erect boundary ,illars on the traderoutes to Tibet at ,laces where they intersect the MacMahon)ine The ,ayments of ,osa re,resent a small amount and thesentimental value attached to it and the ,robability thatany cessation of it concurrently with the comin+ into forceof the new constitution would have most undesirableconseJuences on the attitude of the tribes, should be ke,tin mind It should clearly not be discontinued for the,resent 0 THE &ADI?A (#'NTIE# T#ACT @ The &adiya (rontier Tract is the tract between the&ubansiri river on the west and the boundary of the Tira,(rontier Tract on the north@east The latter boundary hasbeen ad$usted from time to time The (rontier areacom,risin+ the &adiya and Tira, (rontier Tracts is somewhatin the sha,e of a ,arabola which contains the area throu+hwhich the 9rahma,utra river with its tributaries deboucheson to the ,lains The &adiya tract may be re+arded asfallin+ into two or three distinct ,ortions To be+in with,there is the ,ortion to the west consistin+ of the valley of the Diban+ or &ian+ with Abor tribes like Minyon+, 9ori,*alon+, !adam The 4alley of the Diban+ in the centre coversthe area inhabited by Idu or Chulikata Mishmi, and thevalley of the )ohit is inhabited by Di+aru and other Mishmiand certain Hkam,ti and Miri tribes Included in these threebroad divisions is the ,lains ,ortion of the tract "whichincludes &aikhoa+hat on the south bank of the )ohit river%which runs u, to the foot of the hill "rou+hly alon+ theInner )ine% As in the case of the 9ali,ara tract, re+ularadministration has yet to be established in ,ortions u, tothe MacMahon )ine, which itself needs to be demarcated bythe erection of boundary ,illars at least at the ,ointswhere the trade routes cross into India The headJuarters of the !olitical 'fficer is at &adiya and there is an Assistant!olitical 'fficer at !asi+hat The Assistant !olitical 'fficer of the )ohit 4alleystays at &adiya and his $urisdiction includes the Chulikataor Idu Mishmi in the north and the Di+aru and others towardsthe east and south of the tract There are no easy lateralcommunications between the Chulikata area and the )ohit4alley ,ro,er 9y inhabitants, the hill tract falls broadly into,ortions inhabited by Abor "&ian+ 4alley% the Chulikata inthe Diban+ 4alley and other Mishmi in the )ohit 4alley, andthe Hkam,ti or &han who are a com,aratively civilised tribefollowin+

9uddhism In addition there is the miIed,o,ulation of the &adiya ,ortion to the south of Inner )inecontainin+ non@tribals and some Miri Althou+h the *allon+Abor are somewhat different from the !adam and Minyon+ thelan+ua+es are ,ractically the same and the whole of the Abor @@@@@@@@@@@@@@@@@@@@@@@ N &ee Assam *overnmentKs (actual Memorandum on ,a+e ;>of EIcluded and !artially EIcluded Areas @ I "C A !am,hlet%/ all references to ,a+es are to ,a+es in ori+inalre,orts Tract could be re+arded as reasonably uniform The Mishmiarea, thou+h it falls into two se,arate ,ortions alon+ theDiban+ and )ohit #ivers res,ectively, and the tribes do notunderstand one anothers lan+ua+e, could be treated as one The Hkam,ti area which is the third one is small and the&adiya ,o,ulation is a miIed one The area beyond the Inner)ine which is not censused is estimated to contain 08>,>>>Abor 3>,>>> Idu, 08,>>> Di+aru and Mi$i and about 0,>>>Hkam,ti The censused ,ortion is an area of 2,2>= sJuaremiles with a total ,o,ulation of :>,..< of which 2=,=;3 areof tribal ori+in The total area of the tract may be in the nei+hbourhoodof .8,>>> sJuare miles and its develo,ment andadministration clearly necessitate the sub@division of thetract and the a,,ointment of more officials In fact the!olitical 'fficer has already recommended the division of the tract into two ,ortions based on !asi+hat and &adiyares,ectively This is rou+hly eJuivalent to a division intothe Mishmi area and the Abor area res,ectively and the,ro,osals under consideration at ,resent seem to contem,latethe ,ostin+ of a !olitical 'fficer at &adiya for the MishmiA+ency with an Assistant with headJuarters at Ealon+ ")ohit4alley% and a second !olitical 'fficer at !asi+hat "now theheadJuarters of an A ! ' % The main reason for kee,in+&adiya as the headJuarters for the Mishmi A+ency woulda,,ear to be the lack of lateral communications between theChulikata area in the Diban+ 4alley and the Di+aru area inthe )ohit 4alley It is clear however that &adiya and the,ortion u, to the Inner )ine is in the ,lains and contains amiIed ,o,ulation Cultivation in this tract is also settledand the ,eo,le of the tract desire that it should notcontinue under the ,resent system of eIclusion Moreover,there is the area occu,ied by the Hkam,ti who are settledcultivators ,rofessin+ 9uddhism which has also s,read a +ooddeal of literacy amon+ them !rima facie there is a stron+case for treatin+ the ,lains ,ortion of the tract as well asthe Hkam,ti ,ortion as re+ularly administered areas in theform ,erha,s of a se,arate subdivision or district Thedistinctness of the Hkam,ti must however be borne in mindand the area will ,robably have to be treated as a se,aratetaluk An early and detailed eIamination of the wholeJuestion is clearly called for If &adiya is treated as,lain, suitable headJuarters for the !olitical officer of the Mishmi Area needs to be

looked for kee,in+ in mind thedifficulties of communication between the Diban+ and )ohitvalleys Eith the eIce,tion of the Hkam,tis who are settledcultivators, and may be re+arded as com,aratively civilised,and a few ,eo,le in the ,lains ,ortion who also do settledcultivation, the Abor and Mishmi ,ursue $humin+ and a,,earto eIhibit little com,etence in the art of raisin+ cro,s They of course eke out a livelihood by kee,in+ ,oultry,shee, and mithun The herds of mithun ke,t by these tribesare in fact the occasion for dis,utes between ,eo,le asraidin+ for mithun seems to be in this area what head@huntin+ is in the Na+a tribal area &erious Juarrels arisin+out of raidin+ for mithun may call for the intervention of the !olitical officer The tribes are +enerally heavilyaddicted to o,ium and attem,ts to kee, the +rowth andconsum,tion of o,ium in check seem to be meetin+ with littlesuccess Thou+h we feel that the Abor and Mishmi are ,eo,lewho can be educated and assimilated to civilisedadministration in a com,aratively short time, there islittle literacy or education amon+ them at ,resent, and thede,th of the area over which control has been establishedbeyond the Inner )ine does not seems to be +reat Communications are the ur+ent need so that +reater contactis ,ossible event if the lack of education is re+arded as noim,ediment 9y the time the five year ,lan has been workedout "it contem,lates the makin+ of a road to Ealon+ andim,rovement of communications in other res,ects also% it maybe ,ossible to +ive effect to the keenly eI,ressed desireamon+ the Abors of a share in the ,rovincial administration It is obvious that the ,ace of establishment of full@ fled+edadministration in this area should be accelerated Abe+innin+ should however be ,ossible by way of ,oliticaleducation of the ,eo,le, if tribal councils are setu, to enable the different tribes to come to+ether todiscuss matters of mutual interest and understand the,roblems of administration The forests of this tract can ,roduce a +ood revenuebut land revenue in the ,lains ,ortions amounts to about8>,>>> and the ,oll taI which is also levied in this areaamounts to about .8,>>> This forest revenue in .=3:@3; was32>,>>> 2 THE )A1HIM!6# AND TI#A! (#'NTIE# T#ACT& @ The eIact ,osition, le+al and de facto is not clear The )akhmi,ur (rontier Tract is mentioned as one of theNorth@East (rontier Tracts scheduled as an eIcluded area Nofrontier has as yet been laid down between 9urma and Indiain this re+ion There is an area locally known as the)akhmi,ur (rontier Tract which is treated as an eIcludedarea with the De,uty Commissioner, )akhmi,ur, as the A+entor !olitical 'fficer The Tira, (rontier Tract, whicha,,arently derives its name from the river of that name, issaid at ,resent to contain a number of villa+es added to itfrom the )akhmi,ur (rontier Tract durin+ the war, and therest of the ,ortion inhabited by Na+a tribes towards the9urmese territory In addition to the Tira, (rontier Tractthe !olitical 'fficer, whose headJuarters are at ,resent inMar+herita in )akhmi,ur

district, is also in char+e of a,ortion of the Na+a Tribal Area which stretches alon+ theboundary of the )akhmi,ur district till it touches thenorthern a,eI of the Na+a Hills district boundary and thenruns alon+ the eastern boundary of the Na+a Hills districtstowards its southern ,ro$ection towards 9urma The area of the )akhmi,ur (rontier Tract as shown in the census is about2=3 sJuare miles The area of the Tira, (rontier Tract canof course only be +uessed as there is no definite boundarywith 9urma It may be in the nei+hbourhood of 3,>>> sJuaremiles In ,o,ulation also the tract differs from ,art to,art The )akhmi,ur (rontier Tract differs Hin no way fromthe surroundin+ ,lains/ ,ossesses none of thecharacteristics of the hill areas and need not be consideredin relation to the ,roblems of the hill tribesH NIn the,ortion of the )akhim,ur (rontier Tract which has now beentaken into the Tira, (rontier Tract there are severalvilla+es inhabited by 1achins and others who are re+arded astribal and ,ay house taI In the Tira, (rontier Tract anumber of tribes classed as Na+a such as Tikak, ?o+li,#anran+, )un+ri, &ank@e, Mosan+, Moran+ etc reside Thewhole of the area inhabited by the Na+a tribes coulda,,ro,riately be re+arded as ,art of India since theeconomic relations of all these tribes are with India andnot with any other country The demarcation of a boundarywith 9urma is to be taken u, therefore on this ,rinci,al andthe Juestion is said to be now under consideration by the*overnment of India It is obviously a matter which needs to be eI,edited In the northern ,ortion of the Na+a Tribal area "whichmay be really re+arded as ,art of the Tira, (rontier, sincefor a considerable distance the boundary of this area runsalon+ with the eastern boundary of )akhim,ur district% thereare tribes classed as 1onyak Na+a and the relations of thisarea are also with the ,lains ,ortion of the )akhim,urdistrict (or instance it is common for tribes from Namsan+and 9orduria to come freJuently to Cai,ur for theirmarketin+ etc , and a +ood number of them seem to s,eakAssamese T he area is thickly ,o,ulated The &in+,ho or1achin are 9uddhists and they had chiefs belon+in+ to theold rulin+ family before the country was taken over in .<2= The a+reements entered into in .<0: and .<2: are a deadletter and thou+h the chiefs are consulted by the !olitical'fficer whenever there is any dis,ute to be settled or othermatter to be dealt with, the !olitical 'fficer is bein+looked u, to more and more, and the chief is re+arded onlyby way of bein+ an adviser to the !olitical 'fficer @@@@ N &ee North East (rontier and EIcluded Areas "C A !am,hlet% ,ara+ra,h 8 "c%/ all references to ,a+es are to,a+es in the ori+inal re,orts A+riculture is mostly by the ,rimitive method of$humin+ and there are no educational facilities Theeconomic condition of the tract is ,retty ,oor The 1achinhowever are settled cultivators and are in a better ,ositionthan the Na+a In the Na+a Tribal Area head huntin+ is still,ractised and slavery also seems to eIist

(or the Tira, (rontier Tract also the five year ,lana,,roved by the *overnment of India contem,lates theeItension of the benefits of administration TheheadJuarters is ,ro,osed to be moved to a ,lace in theinterior called Horukhunma and hos,itals and schools are to be constructed 9oth in the Tira, (rontier Tract and theNa+a tribal area the ,olicy is $ust the same, namely theeItension of administration +radually u, to the 9urmafrontier This ,olicy a,,ears to us to be the correct one tofollow, whatever the le+al status of the area may be underthe *overnment of India Act As in the case of the MacMahon)ine frontier, all the ,ortion between the 9urmese boundaryand the administered area of Assam should be mer+ed in Assamas soon as ,ossible and the distinction between Tribal Areaand administered Indian territory abolished The )akhim,ur (rontier Tract need no lon+er be treatedas an eIcluded area As re+ards the ,ortions of this tracttaken over into the Tira, (rontier Tract the $ustificationfor continuin+ it as a frontier area needs to be furthereIamined and if no difficulty is likely to be caused by theinclusion of the 1achins and other tribes who live there inthe )akhim,ur district the area should be mer+ed in thedistrict In the rest of the area, ste,s should be taken toor+anise non@statutory tribal councils, ,anchayats etc , inantici,ation of the time when this tract will be fit forinclusion in the ,rovincial administration (or the ,ro,eradministration of the Na+a Hills tribal area it would a,,eardesirable to ,rovide more officials, and a se,arate officerwith headJuarters as close as ,ossible to the area, if notinside, is necessary It would a,,ear that there is alreadysanction for a se,arate &ub@divisional 'fficer at Mokokchun+under the control of the De,uty Commissioner Na+a Hillsdistrict but the ,resent arran+ement by which the tribalarea is shared between the De,uty Commissioner, 1ohima, andthe !olitical 'fficer Tira, (rontier Tract, needs to befurther eIamined It would ,erha,s be best to divide the,ortion into two districts one which will in due courseeither mer+e with the eIistin+ Na+a Hills district and forma sub@division thereof or be a 1onyak district, and anotherwhich will form a ,ortion of another district under anofficer with headJuarters in the ,resent Tira, (rontierTract 3 NA*A HI))& DI&T#ICT @ The Na+a Hills District is an area of 3,0<= sJuaremiles bounded on the east by the Na+a tribal area, on thesouth by Mani,ur &tate and on the west by the &ibsa+ardistrict The ,o,ulation was +iven as .<=,:3. of which.<3,;:: or =; 3 ,er cent were tribal, at the .=3. census The district is inhabited by a number of Na+a tribes notablythe An+ami, the &ema, the )hota and the Ao 'f these tribesAn+ami are the most numerous and inhabit the area round1ahana, their number at the .=3. census bein+ sli+htly over80,>>> The Aos are the neIt numerous numberin+ over 3>,>>>and the &emas come third with 28,;3. These two tribesinhabit the area round Mokokchun+ which is a se,arate sub@division of the district, and the &ema also inhabit there+ion to the north@west of the An+ami country The tribess,eak different lan+ua+es and their lin+ua franca isAssamese or Hindustani They have

also differin+ customs andtraditions Areas claimed by the tribe or villa+e are$ealously +uarded a+ainst encroachment and to such an eItentin the Na+a Tribal Area that a villa+er seldom venturesoutside his villa+e boundary Eithin the boundary of thedistrict ,ro,er there is +enerally s,eakin+ re+ularadministration thou+h durin+ the war a sli+htly differentatmos,here mi+ht have been introduced Thou+h the,ercenta+e of literacy amon+ male Na+a is about : only,Juite a +ood number of these have received hi+h education (emale literacy amon+ the Na+a is however ne+li+ible, thou+hin the Mokokchun+ &ub@division it was found to be nearlyfour ,er cent )iteracy seems to be hi+her in the Mokokchun+area than the 1ohima area and the demand for education isalso keener here As re+ards economic circumstances a +ooddeal of terracin+ is done in the An+ami areas and a numberof Na+as seem to have taken u, non@a+ricultural occu,ations@@the ,lantin+ of +ardens, etc It has been mentioned that the district is inhabited bymutually eIclusive, diverse tribes A movement forunification has however been afoot in the last two or threeyears and a body known as the Na+a National Council "withsub@councils of the different tribes% was formed in .=38 Thou+h a non@official ,olitical or+anisation, many of itsleaders and members are *overnment officials and theor+anisation has also received official reco+nition locally Thus the anomalous ,osition of *overnment servants,artici,atin+ in ,olitical activity eIist and in ,art thissituation is due to the fact, that the educated, influentialand leadin+ elements are *overnment servants Thou+h theformation of this Council may be taken as an indication thatthe unity of administration has +iven a sense of unity tothe different tribes it would ,erha,s be a mistake tosu,,ose that there has been any real consolidation, and thetenacity with which the tribes hold on to their own,articular views of traditions is still a ,otent factor Anotable characteristic of Na+aN tribes is that decisions intheir tribal councils are taken by +eneral a+reement and notby the minority acce,tin+ the decisions of the ma$ority This feature, thou+h ,erha,s well suited to villa+e affairs,may lead to many an unsatisfactory com,romise in matters of+reater movement In Cune .=3:, the Na+a National Council ,assed aresolution eI,ressin+ their a,,roval of the scheme ,ro,osedby the Cabinet Mission in the &tate !a,er of May .:, .=3:,and their desire to form ,art of Assam and India Theresolution ,rotested a+ainst the ,ro,osal to +rou, Assamwith 9en+al This resolution and the feelin+ which ,rom,tedit seems to have held the field throu+hout .=3:, and the!remier of Assam who visited the district in November .=3:was +reeted with the utmost cordiality Early in .=3; the*overnor of Assam, &ir Andrew Clow, visited the Na+a Hillsand advised the Na+as that their future lay with India andwith Assam &ubseJuently, towards the end of (ebruary .=3;,the Na+a National Council ,assed a resolution in which theydesired the establishment of Han Interim *overnment of Na+aswith financial ,rovisions, for a ,eriod of ten years at theend of which the Na+a ,eo,le will be left to choose any formof *overnment under which they

themselves choose to live HThis resolution was of course com,letely different from the,revious one in that it was based on the idea of bein+ ase,arate nation and country &ubseJuently the Na+a NationalCouncil sent another memorandum in which they mentioned aH+uardian ,owerH without however statin+ who should be the+uardian ,ower, and it was found that they were eItremelyreluctant to eI,ress any choice o,enly between the three,ossibilities of the *overnment of India, the !rovincial*overnment and H M * It would a,,ear that this was theformula on which a +eneral measure of a+reement could beobtained amon+ the na+as since there were clear indicationsthat many of them were inclined to take moderate views moreon the lines of the ori+inal resolution at Eokha but in viewof the intransi+eance of certain other members, ,robably of the An+ami +rou,, they were ,revented from doin+ so &ubseJuent events connected with the visit of H E the*overnor to the Na+a Hills on the 0:th of Cune .=3: show that the Na+as have dro,,ed their N 'ther tribes have this characteristic also in +reateror lesser de+ree eItreme demands The substance of the claims made by theNa+as is now to maintain their customary laws and courts,mana+ement of their land with its resources, the continuanceof the #e+ulations by which entry and residence in the Hillscould be controlled and a review of the whole ,osition afterten years 8 )6&HAI HI))& DI&T#ICT @ This district has an area of <,.30 sJuare miles andlies to the south of the &urma 4alley It forms a narrowwed+e@sha,ed stri, of territory about ;> miles wide in thenorth ta,erin+ to almost a ,oint at its southern eItremityand se,arates 9urma from the &tate of Tri,ura and theChitta+on+ Hill Tracts of 9en+al on the east and south@eastres,ectively Eith the eIce,tion of a small area at itssouthern eItremity which is inhabited by )akher tribesmen,the rest of the district is inhabited by the tribes known as)ushai or MiDo and found elsewhere in North Cachar sub@division, and Mani,ur as 1uki The communications with themain inhabited areas of Ai$al "headJuarters% and )un+leh aredifficult and there is only a bridal ,ath connectin+ Ai$alwith &ilchar (rom &eran+, near Ai$al, communication byriver, alon+ the Dhaleswari, is ,ossible and Dema+iri in thesouth is connected with #an+amati in the Chitta+on+ HillTracts, by the 1arna,huli river There is also a bridal ,athconnectin+ )un+leh with #an+amati The ,o,ulation of thisdistrict is .80,;<: accordin+ to the last census and over =:,er cent of the ,o,ulation is tribal The district as awhole is hilly, with a +eneral elevation of between 2,>>>and 3,>>> feet and the slo,es are usually Juite stee,

Chumin+, with the eIce,tion of certain oran+e +ardens,is the common form of cultivation, and terracin+ and wetcultivation ,resent many difficulties &,innin+ and weavin+is a common cotta+e industry, and every woman in a )ushaihousehold s,ins and weaves for the needs of the family Mostattractive ta,estry work is done in these hills and thedesi+ns make a very colourful dis,lay Much of the weavin+and s,innin+ is done however for ,ersonal use and not forsale The de+ree of literacy in the area is very hi+h/ thereason for it bein+ ,robably the fact that a lar+e,ro,ortion of the ,o,ulation is Christian and the &unday&chools have assisted the s,read of literacy even amon+ theadult men but, a,art from a few *overnment servants, thenumber of ,eo,le followin+ non@a+ricultural occu,ations isne+li+ible The +eneral level of intelli+ence and civilisedbehaviour in this area is hi+h and com,ares favourably withmost ,laces in the ,lains There are no local self@+overnin+ institutions andvilla+e life is to a +reat eItent dominated by the chief whois +enerally hereditary N (ormerly the number of chiefs wassmall, ,robably 8> or :>, but on account of the increase in,o,ulation and the +rowth of new villa+es the ,resent numberis over 2>> The chiefs settle dis,utes in the villa+e, makea distribution of land for $humin+ and +enerally carry outany orders issued to them by the officials includin+ suchwork as collection of taIes 'f late the relations betweenthe chiefs and the ,eo,le has been rather strained, and itwould a,,ear that one reason for this is the convenin+ of the so@ called District Conference by the &u,erintendent of the )ushai Hills The HMiDo 6nionH was started sometime a+oby the ,eo,le "includin+ chiefs also as members% as a non@official or+anisation, with the consent of the&u,erintendent This or+anisation seems to have been withouta rival to be+in with but in .=3: the &u,erintendentconvened the District Conference with a membershi, of 3> ofwhich 0> were commoners and 0> were chiefs The DistrictConference was su,,osed to be elected by household franchiseat the rate of one voter for every .> houses and @@@@@@@@@@@@@@@@@@@@@ N A certain number of non@hereditary a,,ointments havebeen made of late by the &u,erintendent in the first conference, the chiefs and the ,eo,le hadse,arate electorates, that is the ,eo,le elected their ownre,resentatives and the chiefs theirs The conferencea,,arently created little enthusiasm and the lar+ere,resentation of chiefs on it must have caused somedissatisfaction The &u,erintendent was the !resident of theconference Towards 'cto ber .=3: this conference seems tohave broken down and was virtually abandonded &hortlybefore the visit of the &ub@Committee however freshelections were held by the &u,erintendent At this electiona chan+e was made in the franchise so that the se,arateelectorate was abolished and chiefs and commoners voted$ointly The ratio of chiefs and commoners was howevermaintained and on this account the HMiDo

6nionH decided toboycott the elections with considerable effect on it Infact it is claimed by the MiDo 6nion that only two or threehundred voters actually took ,art in the elections Howeverthis mi+ht be, the convenin+ of the District Conferencewhich was claimed to be an elected body obviously brou+ht itinto rivalry with the MiDo 6nion, and since the conferencewas su,,orted by the &u,erintendent, the MiDo 6nion incurredofficial disfavour The &u,erintendent bein+ the !residentof the conference and the chiefs bein+ lar+ely underofficial control and influence, there was a,,arent$ustification for the su++estion that the DistrictConference was not re,resentative of the views of the,eo,le In fact the attitude of the &u,erintendent +ave usvery +ood reason to believe that the District Conference wascom,letely dominated by him and was his mouth,iece The&u,erintendent himself ,ro,ounded a scheme before theCommittee the ,ur,ort of which was that all local affairsshould be mana+ed by a constitutional body elected by thedistrict who would have their own officers a,,ointed bythemselves and that the *overnment of Assam or of the 6nionshould ,ay only a certain sum of money amountin+ to thedeficit of the district and enter into an a+reementre+ardin+ the defence of the district and its eIternalrelations To what eItent the &u,erintendent believed thatthe )ushais could actually administer their own affairsefficiently in every matter other than defence is a matterof some doubt because in answer to a Juestion whether hethou+ht that the whole administration could be mana+ed bythem, he re,lied HI will not +uarantee that it could bedoneH "&ee , @ 4ol II Evidence% In answer to a furtherJuestion he +ave it as his o,inion that it would not be verylon+ before the district could mana+e its own affairs andthat the len+th of the ,eriod would de,end u,on whetherthere was interference from outside by bodies that are too,owerful or not The +eneral im,ressions +athered by usdurin+ our discussions with re,resentatives of variousinterests in the district was that, with the eIce,tion of afew ,eo,le who are under the influence of the&u,erintendent, the attitude of the rest was reasonable andit would not be lon+ before disru,tive ideas ,revailin+ nowcom,letely disa,,ear The main em,hasis in the demands of the )ushais waslaid on the ,rotection of the land, the ,revention ofeI,loitation by outsiders and the continuance of their localcustoms and lan+ua+e The district has a revenue of about 0 lakhs and aneI,enditure amountin+ to about siI lakhs A hi+h school hasrecently been started The Assam #ifles are stationed atAi$al and )un+leh : THE N'#TH CACHA# HI))& &69@DI4I&I'N @ This area is a sub@division of the Cachar districtwhose headJuarters is &ilchar It is an area of .,<<< sJuaremiles inhabited by 2; 2:. ,eo,le of which 2.,80= weretribals, the remainder bein+ accounted for by the variousrailway and other colonies of outsiders The main feature ofthis sub@division is that it contains a number of differenttribes

U There were incidents earlier leadin+ to the seiDureof the MiDo 6nionKs funds by the &u,erintendents namely the Cachari, the Na+a, the 1uki and Mikir/ a smallnumber of &ynten+ or 1hasi also inhabit the area The+eneral characteristic is that the tribes named above, withthe eIce,tion of one or two villa+es of Na+a inhabited by afew 1uki, live in areas of their own and there is nointermin+lin+ of ,o,ulation of the different tribes in thevilla+es The Bemi Na+a are however not in a com,act blockand live in three different ,ortions with 1uki or Cachari inthe intervenin+ ,ortions The Mikir form a ,ocket to thenorth@west of the area and the Cachari rou+hly inhabit thecentral and south@west ,ortions The Cachari are the mostnumerous of the tribes with a ,o,ulation of about .:,>>>/the 1uki are about ;,>>> and the Bemi about :,>>> #elationsbetween the 1uki and the Na+a are said to be unsatisfactorythou+h for the time bein+ relations a,,ear to be +ood Itmay be mentioned here that the Bemi have still un,leasantmemories of bad treatment by the An+ami of the Na+a HillsDistrict and there is not much love lost between them thou+hthey showed themselves res,onsive to instructions +iven bycertain An+ami officials from 1ohima There is little literacy in this area and cultivationis by the ,rimitive method of $humin+ 6nlike the An+amiareas in the Na+a Hills District, the hillsides here aremuch stee,er and, a,art from rainfall, there is no sco,e forirri+ation Then a+ain, unlike the An+ami, the Bemi live insmall hamlets and it is not an easy matter to find adeJuatelabour for the introduction of terracin+ and wetcultivation A certain number of oran+e +ardens have been,lanted and ,otatoes have been introduced into the district There is little doubt that with the encoura+ement ofeducation, for which there is a demand the tribes can bebrou+ht u, to the level of the others/ but at ,resent whilethey are Juite ca,able of understandin+ the broad outlinesof the democratic mechanism and can take ,art in elections,it is unlikely that they will be able to mana+e a body likea local board without official aid The main difficulty inthis ,ortion is however that caused by the eIistence ofdifferent tribes who have little feelin+ of solidarity amon+themselves Auite recently a sort of tribal council tobrin+, to+ether the different tribes with a view toeducatin+ them in local self@+overnment was undertaken bythe &ub@Divisional 'fficer, but the Mikir, influenced asthey were by ,eo,le from the Mikir Hills who wanted anamal+amation of the Mikir area with the Mikir Hills ,ortion,would not co@ o,erate in the $oint council Then there is theJuestion of choosin+ a common re,resentative The Cacharibein+ the most numerous have some advanta+e and the area isobviously too small for the re,resentation of more than onein the ,rovincial le+islature It is likely however thatthere will be a sufficient combination for the ,ur,ose ofelectin+ a common re,resentative &ince this area cannotshare a re,resentative with ,lains areas, the ,o,ulation of2;,>>> will have to be ,rovided with a re,resentative of their own If however a local self@+overnin+ body is formedin this district it is clear that there will have to be somekind of re+ional

arran+ement by which the different tribeshave their own se,arate councils which will then cometo+ether in the form of a council for the whole sub@division )ike most otherhill districts this area is also adeficit area The same feelin+ which eIists in other areasabout safe+uardin+ land and ,rotection of the land fromoccu,ation by outsiders as well as eIcludin+ them also fromother activities which may lead to eI,loitation ,revailshere 'ne feature of this area is that amon+ the differenttribes it is Hindustani which is more of common lan+ua+ethan Assamese ; 1HA&I AND CAINTIA HI))& @ This ,artially eIcluded area consists of the CaintiaHills formerly formin+ ,art of the 1in+dom of the oldCaintia 1in+s and now formin+ the Cowai &ub@division, andsome .;: villa+es in the &adar &ub@division The 1hasi andCaintia Hills as a whole consists of a lar+e territorybetweenthe *aro Hills on the west and the North Cachar Hills andthe Mikir Hills on the east The 1hasi &tates which consistof .,8>= villa+es cover the western ,ortion of the Hills andthe 9ritish villa+es are interlaced with them The ,eo,le of the Cowai &ub@division are known as &ynten+ or !nar ands,eak a dialect but with the eIce,tion of a small number ofMikir on the northern slo,es of the Hills, the whole,o,ulation of these Hills may be re+arded as uniform 6nliketheir nei+hbours who s,eak Tibeto@9urman ton+ues the 1hasiform an island of the Mon1hmer lin+uistic family The 1hasi &tates, which are about 08 in number, aresome of the smallest in India The lar+est &tates are1hyriem, Mylliem and Non+khlao and the smallest isNon+lewai The system of inheritance of Chiefshi, isdescribed as follows- @ HThe Chiefs of these little &tates are +enerally takenfrom the same family inheritance +oin+ throu+h the female Auterine brother usually has the first claim and failin+ hima sisterKs son The a,,ointment is however sub$ect to thea,,roval of a small electoral body, and the heir@a,,arent isoccasionally ,assed over, if for any reason, mental,,hysical or moral, he is unfit for the ,osition Theelectors are +enerally the myntries or lyn+dohs, there,resentatives of the clans which +o to form the &tate H In)an+rin, the a,,ointment is by ,o,ular election In some of the &tates, if the Myntries are not unanimous in theirchoice, a ,o,ular election is held The Chiefs are known as&iem in most &tates/ but in some they are called &ardar,)yn+doh in three of them and Eahadadar in one The functionsof the chiefs are lar+ely ma+isterial and in the dischar+eof their duties they are assisted by their Myntries Therelations between them and the *overnment of India are basedu,on sanads issued to them (or s,ecimen of these sanads4olume TII of AitchisonKs Treaties En+a+ements and &anadsmay be referred to 6nder the terms of the sanad, the chiefsare ,laced com,letely under the control of the De,utyCommissioner and

the *overnment of India and waste lands aswell as minerals are ceded to the *overnment on conditionthat half the revenue is made over to the &iems Theircriminal and civil authority are also limited The sanads donot mention the ri+ht to levy eIcise on liJuor and dru+s and,resumably the &iems have that ri+ht Thou+h the &tates arenot in the ,artially eIcluded areas, the main interestattachin+ to them is the fact that there is anunderstandable feelin+ amon+ the ,eo,le of the &tates thatthere should be a federation between the &tates and the9ritish ,ortions so that all the 1hasi ,eo,le are brou+htunder a common administration The ,osition is that in the9ritish areas, thou+h there is now the franchise and amember is sent to the ,rovincial le+islature, there is nostatutory local body for local self@ +overnment The &tates,on the other hand, en$oy certain ri+hts as stated above, andthe ,roblem is to brid+e the +a, The 1hasi and Caintia Hills have the advanta+e of the,rovincial headJuarters &hillon+, bein+ situated amon+ them )iteracy amon+ the 1hasi amounts to about .. ,er cent with amale literacy of .= ,er cent The district is alreadyenfranchised and the s,ecial features which it is desirableto bear in mind is the matriarchal system ,revalent there,the democratic villa+e systems and other s,ecial customs andtraditions Cultivation in the 1hasi and Caintia Hills maybe re+arded as com,aratively advanced There is a +ood dealof wet cultivation and the culture of oran+es and ,otatoesis common The 1hasi have also taken to non@ a+ricultural,rofessions much more than other hill ,eo,le < THE *A#' HI))& @ Ehich is the butt@end of the ran+e of hills whichconstitute the water shed for the 9rahma,utra and the &urma4alleys The *aro who inhabit these hills are ,eo,le ofTibeto@9urman ori+in and are similar to the Cachari The area of the district is 2,.80 sJuare miles and it isinhabited by a ,o,ulation of 022,8:= of which .=<,3;3 ornearly <8 ,er cent, are tribals, mainly *aro The *aroinhabit not only the district which bears their name butthere are villa+es inhabited by them in 1amru, and *oal,araalso and ,ortions of the Mymensin+h district of 9en+al$oinin+ the *aro Hills is inhabited by thousands of *aro The *aro are a ,eo,le with a matriarchal system likethe 1hasi The tribal system of the *aro is hi+hlydemocratic and the whole villa+e with the Nokma as the heador chairman takes ,art in the council if any matter is indis,ute The district as a whole is ,retty backward withonly about five literates in a hundred and lackin+ incommunications Christian missions have been active andthere has been a certain amount of conversion but on thewhole the *aro even while bein+ able to ,roduce a fairnumber of intelli+ent and literate ,eo,le have yet to comeu, to the de+ree of the 1hasi or the )ushai (ranchise at,resent is restricted

to the Nokma but is unlikely thatthere will be any +reat difficulty in workin+ a franchisesystem based on adult franchise than in most other areas In the *aro Hills also the sole occu,ation isa+riculture and thou+h +arden cro,s are +rown round the hutssometimes, the method is lar+ely that of $humin+ The ,eo,leweave their own clothes but there is no im,ortant cotta+eindustry The area is however much more in contact with the,lains on either side of it than areas like the )ushai Hillsor the Na+a Hills The *aro are keenly desirous of unitin+ all thevilla+es inhabited by *aro whether in the ,lains of Assam orin the Mymensin+h district of 9en+al under a commonadministration The 9en+al district of Mymensin+h seems to be the home of about 3<,>>> *aro most of whom are on thefrin+e of the *aro Hills, and the Juestion of rectificationof the boundary to include this area in the *aro Hillsdistrict of Assam definitely deserves consideration Asimilar eIamination is necessary in res,ect of other *arovilla+es in the 1amru, and *oal,ara districts of Assam CONSTITUENT ASSEMBLY OF INDIA - VOLUME VII Thursday, the 4th Nove !er "#4$ = THE MI1I# HI))& @ The ,artially eIcluded area of the Mikir Hills with anarea of about 3,3>> sJuare miles and a ,o,ulation of about.8>,>>> ,ersons is s,lit u, between two districts namelyNow+on+ and &ilsa+ar The Mikir Hills form an area ratherirre+ular in sha,e into which there ,ro$ects an enclave of the Assam 4alley The western eItremity of the ,artiallyeIcluded area actually reaches a ,oint in the 1hasi Hillsand eastwards, it eItends to a ,oint not far from Dima,urwhile to the north it a,,roaches *ola+hat It is clear thatthe irre+ular sha,e of this area makes the administrationfrom centres outside the area rather inconvenient whicha,,arently is the reason why the district has had to bes,lit u, between two ,lains districts 9ein+ a rathers,arsely ,o,ulatedN area with rather less than 8> ,ersons tothe sJuare mile and containin+ no communications other thanthe railway ,assin+ throu+h it, it has a,,arently not beenconsidered suitable for treatment as a se,arate district The !rovincial *overnment has at ,resent under considerationa ,ro,osal for the makin+ of the whole of the Mikir Hillsarea into a se,arate sub@division, ,erha,s on the analo+y of the North Cachar Hills &ub@division Divided between twodistricts as it is and consistin+ of inhos,itable territoryin which $humin+ is the only method of cultivation ,ractisedwhile malaria takes its toll, it has been sadly ne+lected inmany ways and s,ecial ste,s are necessary for itsdevelo,ment 4ery obviously the ,resent state of affairswhere it is divided between two districts cannot continue ifthe area is to be develo,ed and it should be made either adistrict or a sub@

@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@ N It may be noted however that the )ushai Hills arealso s,arsely ,o,ulated and there is no railway runnin+throu+h it division with its headJuarters somewhere in the middle of the bend so that it is accessible from both eItremities Thearea includes certain mouDas 9ar,athar and &aru,atharinhabited very lar+ely by non@tribals which even at the timeof the constitution of the ,artially eIcluded areas wereconsidered doubtful areas for eIclusion, and the !rovincial*overnment have since taken a decision that the areas shouldbe added to re+ularly administered ,ortions as soon as,ossible The Mikir are ,robably the most backward of all thetribes of the Assam Hills thou+h this backwardness is,robably not their own fault There are ,ockets of Mikir inthe North Cachar and the 1hasi Hills )ike the *aro and1hasi the Mikir desire the consolidation of their owntribesmen under a sin+le administration 6nlike the )ushaior the 1hasi Hills, Christianity has made little ,ro+resshere Ehile the s,ecial customs of the Mikir, their addictionto $humin+ cultivation etc necessitate that an arran+ementmust be made by which they are able to maintain their ownsystem, the Mikir Hills at ,resent find re,resentation inthe ,rovincial le+islature althou+h throu+h the restrictedfranchise of the headman, and o,inion +enerally is thatthere is no ob$ection to the eItension of adult franchise inthe area The s,arse ,o,ulation may +ive rise to certain,ractical difficulties in or+anisin+ elections there but itwould a,,ear that these are not insurmountable The Mikir Hills are inhabited to some eItent by Cachari"about 0,>>>% #en+ma Na+a and a few 1uki, but on the whole,the ,o,ulation may be re+arded as uniform In view of the com,aratively backward state of theMikir and the fact that there are no self@+overnin+institutions of a statutory ty,e locally, it is necessary inintroducin+ institutions of this kind to arran+e for a,eriod of su,ervision and +uidance in other words, any localcouncil set u, in the hills should at first be sub$ect tothe control of the local District or &ub@divisional officer * N 9A#D')'I "Chairman%, C C M NICH')&@#'?, #6! NATH 9#AHMA A 4 THA11A# A!!ENDIT C 5AnneIure 4III7 &6MMA#? '( #EC'MMENDATI'N& '( THE A&&AM &69@C'MMITTEE District Councils should be set u,

in the HillDistricts "see &ection N9 of A,,endiI A% with ,owers ofle+islation over occu,ation or use of land other than landcom,risin+ reserved forest under the Assam (orest #e+ulationof .<=. or other law a,,licable This is sub$ect to the,roviso that no ,ayment would be reJuired for the occu,ationof vacant land by the !rovincial *overnment for ,ublic,ur,oses and ,rivate land reJuired for ,ublic ,ur,oses bythe !rovincial *overnment will be acJuired for it on ,aymentof com,ensation 5!ara N= &ection C ".% A,,endiI A7 @@@@@@ N #eferences to ,aras , sections and a,,endices are to,aras , sections and a,,endices in the ori+inal re,orts 0 #eserved forest will be mana+ed by the !rovincial*overnment In Juestions of actual mana+ement includin+ thea,,ointment of forest staff and the +rantin+ of contractsand leases, the susce,tibilities and the le+itimate desiresand needs of the Hill ,eo,le should be taken into account"!ara N.>% 2 'n account of its disastrous effects u,on theforest, rainfall and other climatic features, $humin+ shouldbe discoura+ed and sto,,ed wherever ,ossible but theinitiative for this should come from the tribes themselvesand the control of $humin+ should be left to the localcouncils 5!ara N.. and &ection C of A,,endiI A7 3 All social law and custom is left to be controlledor re+ulated by the tribes 5!ara N.0 and &ection C "0% of a,,endiI A7 All criminal offences eIce,t those ,unishablewith death, trans,ortation or im,risonment for five yearsand u,wards should be left to be dealt with in accordancewith local ,ractice and the Code of Criminal !rocedure willnot a,,ly to such cases As re+ards the serious offences,unishable with im,risonment of five years or more theyshould be tried henceforth re+ularly under the Criminal!rocedure Code To try such cases, ,owers should beconferred by the !rovincial *overnment wherever suitableu,on tribal councils or courts set u, by the districtcouncils themselves All ordinary civil suits should be dis,osed of bytribal courts and local councils may have full ,owers todeal with them includin+ a,,eal and revision Ehere non@tribals are involved, civil or criminal casesshould be tried under the re+ular law and the !rovincial*overnment should make suitable arran+ements for theeI,editious dis,osal of such cases by em,loyin+ circuitma+istrates or $ud+es 5!ara N.0 &ections D F ( of A,,endiIA7 8 The District Councils should have ,owers ofmana+ement over ,rimary schools, des,ensaries and otherinstitutions which normally come under the sco,e of localself@+overnin+ institutions in the ,lains They should havefull control over

,rimary education As re+ards secondaryschool education, there should be some inte+ration with the+eneral system of the ,rovince and it is left o,en to the!rovincial *overnment to entrust local councils withres,onsibility for secondary schools wherever they find thissuitable 5!ara N.2 and &ection E of A,,endiI A7 (or the Mikir and North Cachar Hills the District or&ub Divisional 'fficer, as the case may be, should be eI@officio !resident of the local council with ,owers, sub$ectto the control of the *overnment of Assam, to modify orannual resolutions or decisions of the local councils and toissue such instructions as may be necessary 5!ara N.2 and&ection 9 "8% of A,,endiI A7 : Certain taIes and financial ,owers should beallocated to the councils They should have all the ,owerswhich local bodies in re+ulation districts en$oy and inaddition they should have ,owers to im,ose house taI or ,olltaI, land revenue and levies arisin+ out of the ,owers ofmana+ement of villa+e forest 5&ection NH of A,,endiI A and!ara .3 "a%7 &tatutory ,rovision for a fiIed ,ro,ortion of,rovincial funds to be s,ent on the hill districts is notconsidered ,racticable A se,arate financial statement foreach hill district showin+ the revenue derived from thedistrict and the eI,enditure ,ro,osed on it is recommended The framin+ of a suitable ,ro+ramme of develo,ment should been$oyed either by statute or by Instrument of Instructions5&ection NM of A,,endiI A and !ara .3 "b%7 @@@@@@ N #eferences to ,aras , sections and a,,endices are to,aras , sections and a,,endices in the ori+inal re,orts It is Juite clear that the ur+ent reJuirements of thehill districts by way of eI,enditure on develo,ment schemesare beyond the resources of the !rovincial *overnment Thedevelo,ment of the hill@districts should be as much theconcern of the (ederal *overnment as the !rovincial*overnment (inancial assistance should be ,rovided by the(ederation to meet the deficit in the ordinaryadministration on the basis of the avera+e deficit durin+the ,ast three years and the cost of develo,ment schemesshould also be borne by the Central EIcheJuer 5&ection NN of a,,endiI A and !ara .3 "c%7 The claim of the hill district councils for assistancefrom +eneral ,rovincial revenues to the eItent that they areunable to raise the necessary finances within their own,owers is reco+nised 5!ara .3 "d%7

; If local councils decide by a ma$ority of three@fourths of their members to licence money lenders or tradersthey should have ,owers to reJuire moneylenders and,rofessional dealers from outside to take out licences5!ara N.8 and &ection C of A,,endiI A7 < The mana+ement of mineral resources should becentralised in the hands of the !rovincial *overnment butthe ri+ht of the district councils to a fair share of therevenues is reco+nised No licence or lease shall be +ivenby the !rovincial *overnment eIce,t in consultation with thelocal Council If there is no a+reement between the!rovincial *overnment and the district Council re+ardin+ theshare of the revenue, the *overnor will decide the matter inhis discretion 5!ara N.: and &ection . of A,,endiI A7 = !rovincial le+islation which deals with the sub$ectsin which the hill councils have le+islative ,owers will nota,,ly to the hill districts )e+islation ,rohibitin+ theconsum,tion of non@distilled liJuors like Bu will also nota,,ly/ the district council may however a,,ly thele+islation 5!ara N.; and &ection ) of A,,endiI A7 .> It is necessary to ,rovide for the creation ofre+ional councils for the different tribes inhabitin+ anautonomous district if they so desire #e+ional councilshave ,owers limited to their customary law and themana+ement of lands and villa+es and courts #e+ionalcouncils may dele+ate their ,owers to the district councils5!ara N.< and &ection 9 "3% of A,,endiI A7 .. The *overnor is em,owered to set aside any act orresolution of the council if the safety of the country is,re$udiced and to take such action as may be necessaryincludin+ dissolution of the local councils sub$ect to thea,,roval of the le+islature The *overnor is also +iven,owers to dissolve the council if +ross mismana+ement isre,orted by a commission 5!ara N.= and &ections A and # of a,,endiI A7 .0 The Central *overnment should continue toadminister the (rontier Tracts and Tribal Area with the*overnment of Assam as its a+ent until administration hasbeen satisfactorily established over a sufficiently widearea Areas over which administration has beensatisfactorily established may be taken over by the!rovincial *overnment with the a,,roval of the (ederal*overnment 5&ection N! of A,,endiI A and !ara 0> "a%7 The ,ace of eItendin+ administration should be +reatlyaccelerated and se,arate officers a,,ointed for the )ohit4alley, the &ian+ 4alley and the Na+a Tribal Area 5!ara N0>"a%7 The )akhim,ur (rontier Tract should be attached to there+ular administration of the district The case of the,ortion of the )akhim,ur (rontier Tract recently

included inthe Tira, (rontier Tract should be eIamined by the!rovincial *overnment with a view to a decision whether itcould immediately be brou+ht under ,rovincialadministration A similar eIamination of the @@@@@@@@@@@@@@@@@@@@@@@@@ N #eferences to ,aras , sections and a,,endices are to,aras , sections and a,,endices in the ori+inal re,orts ,osition in the ,lains ,ortions of the &adiya (rontier Tractis recommended The ,ortion of the 9ali,ara (rontier Tractaround Charduar should also be sub$ect to a similareIamination 5!ara N0> "b%7 !osa ,ayment should be continued 5!ara N0> "c%7 .2 The eIcluded areas other than the (rontier Tractsshould be enfranchised immediately and restrictions on thefranchise in the *aro and Mikir Hills should be removed andadult franchise introduced 5!ara N0. "a% and &ection 9 ".%of A,,endiI A7 Eei+hta+e is not considered necessary but the hilldistricts should be re,resented in the ,rovincialle+islature in ,ro,ortion not less than what is due on their,o,ulation even if this involves a certain wei+hta+e inroundin+ off The total number of re,resentatives for thehills thus arrived at 5&ee ,ara 0. "b%7 should not be takeninto account in determinin+ the number of re,resentatives tothe ,rovincial le+islature from the rest of Assam 5!ara 0."b% and &ection 1 of A,,endiI A7 The total ,o,ulation of the hill districts instifies aseat for the hill tribes in the (ederal )e+islature on thescale ,ro,osed in &ection N.2 "c% of the Draft 6nionConstitution 5!ara N0. "c%7 Coint electorate is recommended but constituencies areconfined to the autonomous districts #eservation of seats,in view of this restriction, is not necessary 5,ara N0. "d%and &ection 1 "2% of A,,endiI A7 Non@tribals should not be eli+ible for election fromhill constituencies eIce,t in the constituency whichincludes the Munici,ality and Cantonment of &hillon+ 5!ara N0. "e% and &ection 1 "<% of A,,endiI A7 .3 #e,resentation for the hills in the Ministry shouldbe +uaranteed by statutory ,rovision if ,ossible or at leastby a suitable instruction in the instrument of Instructionsor corres,ondin+ ,rovision 5!ara N00 @ &ee also &ection '"2% of A,,endiI A7

.8 Non@tribal officials should not be barred fromservin+ in the hills but they should be selected with careif ,osted to the hills The a,,ointment of a due ,ro,ortionof hill ,eo,le in the services should be ,articularly ke,tin mind and ,rovided for in rules or eIecutive instructionsof the !rovincial *overnment 5!ara N027 .: A commission may be a,,ointed at any time or,ermanently to enable the *overnment to watch the ,ro+ressof develo,ment ,lans or to eIamine any ,articular as,ects of the administration 5!ara N03 and &ection ' "i% of A,,endiIA7 .; !lains tribals number . : million Their case fors,ecial re,resentation and safe+uards should be consideredby the Minorities &ub@Committee 5!ara N087 .< The Juestion of alterin+ boundaries so as to brin+the ,eo,le of the same tribe under a common administrationshould be considered by the !rovincial *overnment The9ar,athar and &aru,athar MouDas included in the Mikir Hillsshould be included in the re+ularly administered areashenceforth 5!ara N0:7 .= Non@tribal residents may be ,rovided withre,resentation in the local councils if they aresufficiently numerous (or this ,ur,ose non@tribalconstituencies may be formed if $ustified and if the,o,ulation is not below 8>> 5!ara N0; and &ection 9 "0% of a,,endiI A7 @@@@@@ N #eferences to ,aras , sections and a,,endices are to,aras , sections and a,,endices in the ori+inal re,orts 0> !rovincial councils should be set u, by the*overnor of Assam after consultin+ such local or+anisationsas eIist These ,rovisional councils which will be for oneyear will have ,owers to frame their own constitution andrules for the future 5!ara N0= and Transitional !rovisionsof A,,endiI A also7 @@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@ N #eferences to ,aras , sections and a,,endices are to,aras , sections and a,,endices in the ori+inal re,orts A!!ENDIT D 5AnneIure I7 C'N&TIT6ENT A&&EM9)? '( INDIA

ETC)6DED AND !A#TIA))? ETC)6DED A#EA& "'THE# THAN A&&AM% &69@C'MMITTEE 54')6ME I "#E!'#T%7 &ub@committee . &hri A 4 Thakkar @ Chairman Members0 &hri Cai,al &in+h 2 &hri Devendra Nath &amanta 3 &hri !hul 9hanu &hah 8 The Honourable &hri Ca+$ivan #am : The Honourable Dr !rofulla Chandra *hosh ; &hri #a$ 1rushna 9ose Co@o,ted Members< &hri 1hetramani !anda "!hulbani Area% = &hri &adasiv Tri,athi "'rissa ! E Areas% .> &hri 1odanda #amiah "Madras ! E Areas% .. &hri &neha 1umar Chakma "Chitta+on+ Hill Tracts% .0 &hri Damber &in+h *urun+ "Dar$eelin+ District% &ecretary.2 Mr # 1 #amadhyani, I C & 5AnneIure II7 A!!ENDIT D (rom THE CHA#IMAN, ETC)6DED F !A#TIA))? ETC)6DED A#EA& "'THE# THAN A&&AM% &6M@C'MMITTEE

To THE CHAI#MAN, AD4I&'#? C'MMITTEE 'N (6NDAMENTA) #I*HT&, ETC &I#, I have the honour to submit herewith the #e,ort of my&ub@Committee for the EIcluded and !artially EIcluded Areasof !rovinces other than Assam Ee have visited the !rovincesof Madras, 9ombay, 9en+al, Central !rovinces and 'rissa, andin re+ard to these !rovinces our recommendations may betaken as final Ee have yet to visit 9ihar and the 6nited!rovinces and to eIamine certain witnesses from the !un$ab In res,ect of these !rovinces, the #e,ort may kindly betreated as ,rovisional 'ur final #e,ort is eI,ected to beready by the end of &e,tember I have the honour to be, &I#, ?our most obedient servant, A 4 THA11A#, Chairman, EIcluded F !artially EIcluded Areas "other than Assam% &ub@Committee NEE DE)HI/ The .<the Au+ust .=3; 5AnneIure III7 A!!ENDIT D INTE#IM #E!'#T '( THE ETC)6DED AND !A#TIA))? ETC)6DED A#EA& "'THE# THAN A&&AM% &69@C'MMITTEE '( THE AD4I&'#? C'MMITTEE "C'N&TIT6ENT A&&EM9)? '( INDIA% . INT#'D6CT'#? @ A,,endiI AN shows the eIcluded and ,artially eIcludedareas for which we are reJuired to submit a scheme of administration A,,endiI 9N contains certain statisticalinformation and the thirteenth schedule to the +overnment ofIndia

",rovincial )e+islative Assemblies% 'rder, .=2:, whichshows the different tribes classed as backward, and amon+these tribes are to be found the inhabitants of the eIcludedand ,artially eIcluded areas In determinin+ the areas to beclassified as eIcluded or ,artially eIcluded, the &ecretaryof &tate for India issued instructions that eIclusion mustbe based u,on strict necessity and must be as limited as,ossible in sco,e consistently with the needs of theabori+inal ,o,ulation As re+ards ,artial eIclusion, heconsidered that ,rima facie any areas containin+ a,re,onderance of abori+ines or very backward ,eo,le whichwas of sufficient siDe to make ,ossible the a,,lication toit of s,ecial le+islation and which was susce,tible, withoutinconvenience, of s,ecial administrative treatment should be,artially eIcluded The *overnment of India in makin+recommendations for ,artial eIclusion ke,t in view the,ossibility of obtainin+ convenient blocks of territory withreadily reco+nisable boundaries susce,tible of s,ecialadministrative treatment without inconvenience Thus, theeIcluded and ,artially eIcluded areas are well defined areas,o,ulated either ,redominantly or to a considerable eItentby abori+inals The eIcluded and ,artially eIcluded areas,however, do not by any means cover the entire ,o,ulation oftribal ori+in, and in many cases re,resent only acom,aratively small ,ro,ortion of the abori+inal ,o,ulation,the rest of them bein+ scattered over non@eIcluded areas Asan eIam,le, in the C ! , out of 0== millions of tribals of all reli+ions, only < 2 lakhs live in the ,artially eIcludedareas Eith the eIce,tion of the Mandla District, which is a,artially eIcluded area and contains :> 8 ,er cent oftribals, 9etul and Chhindwara districts which include,artially eIcluded areas and contain 2< 3 and 2< 2res,ectively of tribals, the tribals are scattered all overthe ,rovince and com,rise almost a fifth of the ,o,ulationin some districts This kind of intermin+lin+ is ,rominentlynoticeable in 9ombay and 9en+al and to some eItent in other,rovinces also In 9en+al notably, the tribal ,o,ulation of the eIcluded areas is but a small fraction of the totaltribal ,o,ulation of the ,rovince A common feature of the,artially eIcluded areas is that they are +enerally locatedin the out of the way and hilly tracts, and it is in theseareas that concentrations of abori+inal ,o,ulation may befound In the non@eIcluded areas althou+h small blocks of them can be distin+uished, notably in the Madras !residency,elsewhere, they are inters,ersed with the rest of the,o,ulation and are sometimes hardly distin+uishable from the+eneral ,o,ulation Althou+h our terms of reference strictlyreJuire us to re,ort on the eIcluded areas, the total,o,ulation of tribals in the non@eIcluded ,ortions of9ritish India not includin+ Assam comes to about 8 8millions, and we consider therefore that our recommendationsshould not alto+ether leave out of consideration such alar+e ,o,ulation who in many @@@@@ N #eference to A,,endiI is to A,,endiI in the ori+inalre,ort res,ects are in a very backward condition Ee have felt ittherefore necessary to recommend that the whole tribal,o,ulation should be treated as a minority

community for thewelfare of whom certain s,ecial measures are necessary 9earin+ this in mind, we ,roceed to discuss the +eneralfeatures of the tribal ,o,ulation in the different,rovinces 0 THE ETC)6DED A#EA& @ The eIcluded areas are few in number and consist of theislands of the )accadive +rou, on the Eest Coast of Madras,the Chitta+on+ Hill Tracts in 9en+al and the EaDiris of&,iti and )ahoul in the !un$ab 'f these tracts, the EestCoast Islands and the EaDiris of the !un$ab are isolatedfrom the rest of the ,rovince on account of their+eo+ra,hical ,osition and the im,ossibility of communicatin+with them durin+ a ,art of the year The Eest Coast islandsare cut off from the mainland for several months durin+ themonsoon &imilarly, the !un$ab EaDiris are isolated durin+the winter when snow blocks the ,asses Inaccessibility of these areas is lar+ely res,onsible for their eIclusion aswell as for the backward condition of their inhabitants The,osition in these areas is briefly +iven below- @ "a% Madras @ The islands may be considered to fall inthree divisions, the Amindivi islands o,,osite the &outhCanara coast, the )accadives attached to Malabar andMinicoy, the southernmost of them, also attached to Malabar The total area is about .> sJuare miles and the ,o,ulation,all Muslim, .<,288 The Minicoy islanders are of &inhaleseori+in while the inhabitants of the others are akin to theMa,illah of Malabar The economy of the islands is based onthe coconut ,alm and the ,roduce "coir ,roduction is a wholefamily $ob% is eIchan+ed for rice and other necessities Theadministration is carried on lar+ely by customary laws ands,ecial re+ulations An amin, or mone+ar "Amindivi% with,owers to try ,etty criminal and civil cases is the officialimmediately in contact with the islanders and the amin is infact selected from the islanders In the Minicoy island,literacy is said to be cent ,er cent/ in the others, it isne+li+ible There is no a,,reciable intercourse between theislands of the three +rou,s and their +eo+ra,hical ,ositionnecessitates se,arate treatment Ehile they are located in astrate+ic ,osition, we understand that the islands are notsuitable for naval stations as they are coral islands andthere is difficulty in +ettin+ fresh water Hitherto, theyhave been administered ,ractically in the manner in whichrelations were started with them in the days of CohnCom,any #s 0 lakhs are s,ent, ,artly by way of dolesincludin+ +ifts of combs and mirrors, on the visits of theCollector or other official to the islands, but no attem,tseems to have been made to increase intercourse between theislands and the mainland "b% !un$ab @ The eIcluded area consists of &,iti and)ahoul with an area of 0,=2. and .,;:3 sJuare milesres,ectively &,iti has a ,o,ulation of only 2,;>> and)ahoul about =,>>> ".=3.% The ,eo,le are of Tibetan ori+inand 9uddhists The main difficulty about the areas is thedifficulty of communication as the ,asses leadin+ to themare blocked by snow in the winter

The !rovincial *overnment have now come to theconclusion that )ahoul need no lon+er be considered aseIcluded area and should be brou+ht under the +eneral systemof administration The cultivation of kuth has brou+ht some economic,ros,erity to this area and many )ahoulis have taken totrade also &,iti is still economically in a backwardcondition and the schools there are not flourishin+ &,itihas still very little of the contact with the ,lains which)ahoul has &everal a+rarian laws have not been a,,lied to&,iti ,articularly thou+h the most im,ortant enactments arenow in force without modification "c% 9en+al @ The Chitta+on+ Hill Tracts on the otherhand, are not inhabited by a ,o,ulation of 9urmese andtribal eItraction They cover an area of about 8,>>> sJuaremiles and contain a total ,o,ulation of 03;,>82, mostly9uddhists In .=3., there were =,2=8 literates includin+ :00females amon+ the tribes out of a ,o,ulation of 022,2=0 There are .83 schools and a Hi+h &chool at #an+amati Thereis a +ood deal of contact with the ,lains ,eo,le in thewestern ,ortion of the tract, but the eastern ,ortiontowards the )ushai Hills and the 9urmese border is more,rimitive Chumin+ cultivation is ,ractised almost universally andit would a,,ear that there are considerable difficulties inthe way of terraced or wet cultivation on account of thefriable nature of the hill sides and the difficulty ofirri+ation some settled cultivation also eIists and it mayha,,en that a family does both kinds of cultivation 9oth,lou+h rent and $hum taI are levied !ressure on the land isincreasin+ and the tribes are +reatly a,,rehensive ofencroachment by outsiders Eeavin+ and ta,estry is a common household occu,ationbut cannot be said to be a cotta+e industry thou+h it has,otentialities in that direction The district is deficit tothe eItent of about #s 0 lakhs The s,ecial feature of the Chitta+on+ Hill Tracts arethe Chiefs, the Chakma #a$a, the 9ohmon+ and Mon+ #a$a Thetract is divided into three circles re,resentin+ the$urisdiction of the Chief The Chakma circle is the lar+estand is 0,3>= sJuare miles/ the 9ohmon+ and Mon+ circles are.,=28 and ;>3 sJuare miles res,ectively The chief havecertain ma+isterial and a,,ellate ,owers and out of the $humtaI of #s : ,er family #s 0@<@> +oes to the Chief, #s 0@3@> to the headman and #s .@ 3@> to the *overnment 'n the+round that they are really tributary ,owers, the Chiefs areclaimin+ the status of Indian &tates and desire that three&tates corres,ondin+ to the circles should be set u, It isclaimed that before the $hum taI was im,osed there was aca,itation or family taI and that the ri+ht to levy this taIwas a symbol of soverei+nty In .=0<, a re,ort on the,osition of the chiefs was submitted by Mr Mills whorecommended that the chiefs should be relieved of

thecollection of $hum taI and should also be relieved of theirma+isterial duties, the ,owers of Honorary Ma+istrates bein+conferred on them if they were ,roved fit His idea was thatHthey were the leaders of their ,eo,le and in that lay theirvalueH and they should therefore be consulted in allim,ortant matters of the administration Their ,osition andfuture is a matter of some im,ortance and needs carefuleIamination by the !rovincial *overnment Ee do not feelthat we can eI,ress a carefully considered o,inion Now that 9en+al is to be ,artitioned, the futureadministration of the Hill Tracts a,,ears to lie with Assam The )ushai Hills form in ,art the hinterland of thisdistrict and thou+h communications to the east are not easy,they are not more difficult than with Chitta+on+ The1arnafuli ,rovides a waterway to Dema+iri which is connectedwith )un+leh in the )ushai Hills The Chakma, Ma+h and Mroof these Hills have ,robably their tribal ori+in in commonwith the )ushais and in any case the ,rovince of Assam isthe home of many different tribes It is obvious that theHill Tracts should not +o to East 9en+al in view of its,redominantly non@Muslim ,o,ulation The ,eo,le themselvesare stron+ly averse to inclusion in 9en+al They desiredthat the area should be set u, as an autonomous district 2 !A#TIA))? ETC)6DED A#EA& @ The main feature of the !artially EIcluded Areas isthat they are not alto+ether eIcluded from the sco,e of the!rovincial Ministrieslike the eIcluded areas nor is the eI,enditure on themoutside the sco,e of the le+islature In fact theadministration of the areas notably of the C ! and 9ombayhas not been a,,reciably different from the rest of the,rovince and the !rovincial *overnments were in +reater orless de+ree o,,osed to their eIclusion It is in the A+encyTracts of Madras and 'rissa and in the &antal !ar+anas thata different system ,revails A brief account of the areas ofeach ,rovince follows- @ "a% Madras @ The ,artially eIcluded areas consist of the East *odavari A+ency, the !olavaram taluJ of Eest*odavari A+ency The total area is :,;=0 sJuare miles andthe total ,o,ulation 3=2,>>: of which about 0;<,>>> aretribal, and 83,>>> are classed as backward makin+ a total,ercenta+e of :; : The tribes inhabitin+ these tracts are1oya, 1oya Dora, Hill #eddy, Dombo, 1ondh and others Thetribes are ,retty backward on the whole and do ,odu"shiftin+ cultivation% lar+ely EIce,t manual labour theyhave no non@a+ricultural occu,ations worth mentionin+ Thereare s,ecial a+ency rules and save for certain sections theCivil !rocedure Code does not a,,ly Crime is scarce and theabori+inals are sim,le and truthful The mechanism of$ustice therefore needs to be a sim,le one

There are no local self@+overnin+ bodies and tribal,anchayats do not +oem to be fit for work other than thedecision of ,etty dis,utes The toddy ,alm ,lays a lar+e,art in the life of abori+inals They have suffered in the,ast throu+h eI,loitation by moneylenders and landlords andincidents like the #am,a rebellion have occurred in theareas )isencin+ of moneylenders, as a+reed by the Collectorof Eest *odavari, is ,robably a definite need of these ,artsin addition to the ,revention of acJuisition of land by non@abori+ines ?aws and malaria are very common in these ,arts "b% 9ombay @ The ,artially eIcluded areas which are to be found in the districts of Eest 1handesh, East 1handesh,Nasik, Thana, 9roach and !anch Mahals cover an area of :,:=;sJuare miles and contain a ,o,ulation of .,.08,3;. of which::2,:0< or 8< = ,er cent are tribals The tribes are lar+ely9hil, 4arli, 1okna, Thakur and 1atkari In .=28, the*overnment of 9ombay were not in favour of eIclusion of anyarea eIce,t the Mewasi Chiefs Estates and the Akrani Mahalin the Eest 1handesh District on the +round that theadministration of these areas was all alon+ carried on inthe same manner as the other tracts and that there werelocal self@ +overnin+ institutions in the areas The AkraniMahal in the &at,ura Hills is an almost ,urely 9hil area and,robably the one with the least contact with the ,lains In .=2;, the *overnment of 9ombay a,,ointed Mr D &ymin+ton to conduct a s,ecial enJuiry into the conditions,revailin+ in the abori+inal areas Mr &ymin+ton ,ointedout that the local boards were lar+ely or even eIclusivelyrun by non@9hil elected members and o,ined that it was not amere Juestion of ,rovidin+ seats for the hill tribes butthat these ,eo,le were not sufficiently educated andadvanced either to use their votes sensibly or to ,roducefrom amon+ themselves enou+h re,resentatives ca,able oflookin+ after their interests intelli+ently on local boards HThey are not only illiterate but also i+norant ofeverythin+ outside their daily run They are contem,tuous ofeducation which they re+ard as a de+radin+ and senselesswaste of time They have more faith in witchdoctors than in,harmaco,oeia They live near the border line of starvation They are inveterate drunkards It was not sur,risin+ thatthey take no interest in the local boards elections or localboard administra@tion H He also eI,ressed the o,inion that the salvation of the abori+inal lay in ,rotectin+ him from eI,loitation bythe moneylenders who were +radually de,rivin+ him of hisland, and sto,,in+ the drink habit *ivin+ evidence beforeus, he reiterated the view that elections would becom,letely useless so far as these ,eo,le were concerned Amon+ the Thadvi 9hils "Muslims% there is a &ub@Cud+e Amon+ the half doDen +raduates from the 9hils there is Mr Natwadkar, the M ) A from Eest 1handesh and there is a ladyfrom the !anch Mahals The demand for education is howeverbecomin+ very keen

In the Earli areas of the Thana District visited by us,ractically all the land had been taken u, by non@tribalsand the tribals were reduced to the condition of landlessserfs The 9ombay *overnment have in fact now found itnecessary to ,ass s,ecial le+islation to ,revent alienationof land 'n account of the acJuisition of all the land by afew ,eo,le, the land system in this tract has been virtuallytransformed from a ryotwari system to a system similar tothe mal+uDari system of the Central !rovinces "c% Central !rovinces F 9erar @ The ,artially eIcludedareas, of which Mandla District is the lar+est unit, containonly <22,.32 tribals out of a total tribal ,o,ulation ofnearly 2 millions The *ond "includin+ Maria and !ardhan% isthe main tribe in the C ! and the 1orku in the Mel+hat are,rominent in 9erar Althou+h backward and adherin+ lar+elyto their own customs and ways in the areas where they arestill most numerous, the tribes have in a,,reciable de+reeassimilated the life of the rest of the ,o,ulation andtribal institutions are either weak or ,ractically non@eIistent Mostly the tribes have taken to settledcultivation and there is little bewar or dahia in the,rovince 'f handicrafts and cotta+e industries, however,there is neIt to nothin+ and this is the +reat weakness of the abori+inal economy The abori+inal is +iven to drink buto,inion in favour of tem,erance or ,rohibition seems to be+ainin+ +round The ,artially eIcluded areas are, with hardly anyeIce,tion, administered in the same manner as the otherdistricts The C ! )and Alienation Act of .=.: is the onlynotable le+islation enacted s,ecially for the ,rotection of the abori+inals and restricts the transfer of a+riculturalland from abori+inal to non@abori+inal classes In .=3>,when the C ! Tenancy Act was amended to confer ri+hts of alienation on certain classes of tenants, the a,,lication of the amendin+ Act to the ,artially eIcluded areas was madesub$ect to certain modifications desi+ned to secure thatunscru,ulous landlords would not mani,ulate to their ownadvanta+e the com,licated ,rovisions of the Act A s,ecial enJuiry into the ,roblems of the abori+inalswas ordered by the C ! *overnment and a re,ort wassubmitted by Mr E 4 *ri+son in .=30 Amon+ the ,ointsmade by Mr *ri+son were the weakness of the tribalre,resentatives in the local boards and the need for,rovisions to ,revent the a,,lication of le+islation toabori+inal areas eIce,t after s,ecial consideration Mr *ri+son was also eIamined by us as a witness and eI,ressedhimself in favour of a system of indirect election for theabori+inals ',inion of a number of C ! witnesses was notin favour of reserved re,resentation for the abori+inals in,ro,ortion to their ,o,ulation &ome witnesses ,referrednomination out of a ,anel submitted by the District'fficers At ,resent there are three tribal members in the)e+islature althou+h only one seat is reserved The !rovincial *overnment have now created a s,ecialDe,artment and inau+urated a scheme of develo,ment of theabori+inal areas in which multi,ur,ose

co@o,erativesocieties ,lay a ,rominent ,art ',inion in theC ! "as in 9ombay% was stron+ly in favour of boardin+schools with free meals as the only way of makin+ schoolin+acce,table to the abori+inals "d% 'rissa @ This ,rovince contains a ,artiallyeIcluded area of nearly 0>,>>> sJ miles, i e , almost two@thirds of the ,rovince is ,artially eIcluded The ,artiallyeIcluded area includes the ,ortions of the Madras A+encyTracts transrerred to 'rissa, the 1hondmals of the formerAn+ul District and the &ambal,ur District which was formerlyin the C ! The total tribal ,o,ulation of the ,rovince is.,;0.,>>: of which .,8:>,.>3 are found in the ,artiallyeIcluded areas The tribes inhabitin+ this ,rovince areamon+ the most backward in the whole of India The 9onda!or$a, *adaba, 1ondh and &avara are amon+ the most im,ortantof them In .=2= the 'rissa *overnment a,,ointed a s,ecialcommittee to make recommendations for the ,artially eIcludedareas "Thakkar Committee% which found that some tracts weretoo backward to administer even local boards Althou+h theyhave re,resentatives in the le+islature, four of the fivereserved seats are filled in by nomination and some of thenominated members have to be non@tribals The ,recenta+e oflitracy in the A+ency Tracts is about one ,er cent A9ackward Classes Eelfare De,artment has recently been setu, The Thakkar Committee made a number of im,ortantrecommendations which could not be +iven effect to durin+the war and are now bein+ taken u, A,art from the 1hondmals which are now attached to the*an$am A+ency, the An+ul &ub@division which is a ,artiallyeIcluded area has only .2,2>< tribals who form < ,er cent ofits ,o,ulation The Thakkar Committee recommended theadministration of this area as a re+ular district and,ointed out that the An+ul )aws #e+ulation is no lon+ersuited to the advanced condition of the ,eo,le Even in.=28, it was stated by the 'rissa *overnment that the areawas so advanced that it should be ,ossible within a fewyears to ,lace it on a level with the normal listricts",ara 3=, #ecommendations of !rovincial *overnment and the*overnment of India, Indian #e,rint% The District of &ambal,ur was made a ,artially eIcludedarea lar+ely on account of the s,ecial system of thatdistrict, viD , the distinct system of revenue and villa+eadministration The district was formerly ,art of the C ! and the C ! #evenue )aws and ty,e of villa+eadministration were in force The abori+inal ,o,ulation of the district is 080,>=8 and constitutes .= : ,er cent butmost of these tribals seem to have assimilated the customsand culture of the surroundin+ Hindu ,o,ulation Theadministration of the district thou+h differin+ from therest of 'rissa was not radically different from theadministration of the C ! ,lains districts until .=0. Three of the Bamindaris of &ambal,ur had been declaredscheduled districts under the Act of .<;3, but with theeIce,tion of the Insolvency Act of .=0> all otherle+islation was a,,lied to the district The

ThakkarCommittee recommended ",ara 2=;% that the district shouldcease to be a ,artially eIcluded area and should be treatedas a normally administered area The Committee howeverconsidered ",ara 3>0% that some sort of ,rotection wasstill needed for the abori+inals of that district andrecommended certain s,ecial measures for the ,rotection of the land of the abori+inals ",ara 3>2% The tribes in thisdistrict consist mainly of *ond ".>0,;:8%, 1ondh, 1haria and&avara They are concentrated lar+ely in the &adar &ub@division of the district )iteracy amon+ them is not u, tothe level of the &cheduled Castes of the District andamounts to only about 0 ,er cent They however take ,art inelections and in the &ambal,ur &adar constituency there is areserved seat for the backward tribes This is the only oneof the five tribal seats in the ,rovince which is filled byelection The Juestion of re,resentation for the 'rissa tribes,resents somewhat of a ,roblem )ocal officials had seriousdoubts as to the ,ossibility of findin+ suitablere,resentatives from amon+ them, at any rate in ,ro,ortionto their ,o,ulation The !rovincial *overnment have similarhesitations In their factual memorandum ",a+e 0<N% theyhave recommended that local bodies should be ,artly electedand ,artly nominated (or the !rovincial )e+islature, Has,ecific number of seats should be reserved for abori+inalmembers in +eneral constituencies/ but the abori+inalmembers should be elected to these seats by a system ofindirect or +rou, election H "e% 9en+al @ The ,artially eIcluded areas of 9en+alconsist of the District of Dar$eelin+ and certain ,olicestation areas in the Mymensin+h district which border on the*aro Hills of Assam The Dar$eelin+ District is shown to contain .3.,2>.tribes out of a total ,o,ulation of 2;:,2:= in .=3. Thetribal ,o,ulation of the district seems to consist lar+elyof labour em,loyed in the tea +ardens and some )e,cha and9hotia Actually, the latter are only about 0>,>>> innumber The ,rominent community in Dar$eelin+ is the *urkhaor Ne,alese community which numbers about 0 .G0 lakhs A+ood many are em,loyed in the tea +ardens and the local,olice force also contains a hi+h ,ro,ortion of them The*urkha are not re+arded as a backward tribe and thethirteenth schedule to the *ovt of India ")e+islativeAssemblies% 'rder does not include *urkha They feel howeverne+lected so far as other ranks of *overnment service areconcerned and in the trade and business of the ,lace, theMarwari has the u,,er hand 'n the other hand, the smallcommunity of )e,cha ".0,>>>% finds itself dominated by the*urkha and one of the com,laints is that their land "the)e,cha claim to be the ori+inal inhabitants% has been+radually taken away from them by Ne,alese immi+rants The ,artial eIclusion of Dar$eelin+ was recommended bythe *ovt of 9en+al not because it was considered as abackward area but because it was felt that safe+uards werenecessary in the interests of the hill ,eo,le The fact thatDar$eelin+ was the

summer ca,ital of the *overnment of9en+al and the eIistence of Euro,ean tea@ ,lanters may have,layed some little ,art The .=3. census shows that evenamon+ the tribals "mostly tea +arden coolies% there was.:,38> literates out of a total ,o,ulation of .3.,2>. and0,8;. of these were women The local bodies "Munici,ality and District 9oard% arenot wholly elected bodies and the De,uty Commissioner is the!resident of the Munici,ality 6ndoubtedly the land the hilltribes needs to be ,rotected from the maw of money lendersbut there is little case otherwise for continuin+ ,artialeIclusion or s,ecial administration The *urkha )ea+ue desires that there should be anelected Advisory Council in the District so that theinterests of the *urkhas in re,resentation in the services,in the land and industry of the district may be ,rotected They have also s,onsored a movement for union with Assamwhere there is a stron+ *urkha element As re+ards the ,artially eIcluded ,ortion of theMymensin+h District, there are about 3=,>>> *aro in all butaccordin+ to the census, some of the thanas contain very fewtribes The ,rovincial *ovt were o,,osed to its ,artialeIclusion in .=28 They ,ointed out that no s,ecial measureshad been hitherto necessary to ,rotect the tribe and had noindication at any time that the eIistin+ administrativesystem had worked ineJuitably for them It would a,,ear thatthe ,artial eIclusion of this area was conseJuential u,onthe eIclusion of the *aro Hills District in N #eference to ,a+e is to ,a+e in the ori+inal re,ort Assam The *aro of this are keenly desirous of bein+ unitedwith the *aro of Assam under a common administration, and inview of the division of 9en+al there is a +ood case forrectification of the boundary, i e to include the *aro areain the *aro Hills Districts of Assam The ma$ority of the,o,ulation of the ,artially eIcluded area "8 =3 lakhs%consists however of non@tribals and it will be necessarytherefore, to draw a fresh boundary "f% 9ihar @ The !artially EIcluded Areas of this,rovince eItend over the enormous area of 20,38< sJ milescom,risin+ the whole of Chota Na+,ur division and the&anthal !ar+anas District The total ,o,ulation of the areais =,;8>,<3: and nearly 3 8 millions of these are tribal,eo,le consistin+ of &anthal, 'raon, Munda, Ho, 9humi$ andother lesser tribes of the 1olarian family Althou+h the+eneral level of literacy and develo,ment in this area islower than that of the non@ abori+inal ,o,ulation, the tribes,eo,le here are ra,idly advancin+ and Juite a number of,eo,le in the learned ,rofessions may be found amon+ theMunda and 'raon )ocal self@+overnin+ institutions eIist,and there is no Juestion that the area would be able to take,art intelli+ently in the administration of the ,rovince The main feature of this area may be summariDed in the wordsof the !rovincial *overnment in recommendin+ ,artialeIclusion- HThe &,ecial Tenancy )aws in

Chota Na+,ur, the&anthal !ar+anas, N&ambal,ur and NAn+ul are the bulwark of the backward ,eo,les The le+islatures of the future wouldhave the ,ower to amend, modify or even re,eal those lawsand the only safe+uard a+ainst le+islative actiondetrimental to the interests of backward ,eo,les is the,ower of the *overnor to refuse assent The im,ortanceof these s,ecial Tenancy )aws to the abori+inals cannot beover@stressed The history of the &anthal !ar+anas and ChotaNa+,ur was one of continuous eI,loitation and dis,ossessionof the abori+inals ,unctuated by disorder and even rebellionuntil s,ecial and adeJuate ,rotection was +iven In thefrin+e areas, such as Manbhum, where the non@ abori+inals arein a ma$ority, the abori+inal element would ,robably havebeen driven from the land lon+ a+o but for the ,rotection+iven by tenancy laws The fate of the abori+inalwhere he has been un,rotected has usually been to lose hisland H In the &anthal !ar+anas, le+islation since.<88 has been mainly by means of s,ecial re+ulations framedby the *overnor@*eneral@in@Council The main function of these re+ulations was to re+ulate inter alia the a+rarianlaw, the constitution of courts and their ,rocedure, moneylendin+ and the villa+e ,olice EIce,t in the most im,ortantcases the $urisdiction of the Hi+h Court was eIcluded and$udicial ,rocedure sim,lified In the 1olhan,ir of the&in+hbhum District also, the Civil !rocedure Code wasre,laced by sim,lified rules but +enerally s,eakin+, thelaws of the rest of the ,rovince o,erate in Chota Na+,ur (or a detailed account, the (actual Memorandum of the!rovincial *overnment may be referred to ",a+es"M%=;@=<,EIcluded and !artially EIcluded Areas @ I% &ince .=2;,section =0 "0% of the *overnment of India Act has been madeuse of to frame some s,ecial re+ulations notably for the&anthal !ar+anas The ,o,ulation of Chota Na+,ur and the &anthal !ar+nasis rather miIed and eIce,t in the #anchi District, the&in+hbhum District and the &anthal !ar+anas, the tribal,o,ulation are in 2 minority In their (actual Memorandum,the 9ihar *overnment have ,ointed out that a com,arisonbetween the fi+ures of .=3. and .=2. census shows that there @@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@ N Now in 'rissa "U%#eferences to ,a+es are to ,a+esin the ori+inal re,orts is room for doubtin+ the accuracy of the fi+ures of the .=3.census #ecently an a+itation has been started for theformation of a se,arate Chota Na+,ur !rovince on the +roundthat this land is the land of the abori+inal residents whoare distinct from the inhabitants of the ,lains in manyways Taken as a whole, the tribals form only 38 : ,er centof the total ,o,ulation of the !artially EIcluded Areas andin Chota Na+,ur they constitute 33 0 ,er cent of the,o,ulation 'nly in #anchi ";> ,er cent%, &in+hbhum "8< 3,er cent% and &anthal !ar+anas "8> : ,er cent% are they inanythin+ like a ma$ority The creation of a se,arate,rovince is a matter outside

the sco,e of our enJuiry and wedo not find that this is in fact necessary for thesatisfactory administration of the tribals "+% 6nited !rovinces @ The ,artially eIcluded areas arethe !ar+ana inhabited by the Caunsari tribes in the northand the ,ortion of the MirDa,ur District below the 1aimur#an+e inhabited by miIed tribes of Chota Na+,ur and CentralIndia The area is 3<2 sJ miles in the Dehra Dun Districtand .,;:: sJ miles in the MirDa,ur District The total,o,ulation of both areas is about 0>>,>>> The Caunsar 9awar !ar+ana forms the watershed betweenthe Cumna and the Tons The country is hilly and offerslittle land for cultivation It a,,ears that most of thecultivable land is held by 9rahmins and #a$,uts and that the1oltas "&cheduled Caste% are debarred from ,ossession ofland accordin+ to the villa+e EaDibul@arD and occu,y,ractically the ,osition of serfs Thou+h the +reat ma$orityof the ,eo,le are Hindus, ,olyandry and s,ecial systems ofdivorce are in vo+ue since ancient times Althou+h the areais under the criminal $urisdiction of the Hi+h Court asim,lified system of criminal, civil and revenueadministration is followed and eIce,t in ChakrataCantonment, re+ular ,olice are not em,loyed (or civil law,the Commissioner, Meerut, acts as a Hi+h Court The EIciseand ',ium Acts have not been eItended to the area and o,iumcultivation% ,ermitted There is +reat illiteracy in thearea and the administration will have to be suited to thelift of the inhabitants In 1hat Hari,ur 9ias at the foot of the hills however conditions are different and a,,roIimateto those in the ,lains The 1hat Hari,ur 9ias Tenants!rotection #e+ulation of .=3> has afforded some ,rotectionto the tenants The !rovincial *overnment are of the viewthat this 1hat should be included in the Dehra Dun Tahsil Thou+h the area is enfranchised and is included in the DehraDun rural constituency, it is considered inca,able ofsendin+ re,resentatives to the le+islature As re+ards the MirDa,ur District, the eIcluded areaconsists of four ,ar+anas of which only the A+ori and9i$ai+arh ,ar+anas have a concentration of abori+inals The,o,ulation consists of a number of tribes havin+ affinitiesto the tribes in the nei+hbourin+ ,rovinces from which theyhave come There is no stron+ tribal life left amon+ them Their occu,ations are said to be those usually followed bythe &cheduled Castes and in their reli+ious and socialcustoms they are similar to low@ caste Hindus The land revenue system of this area is different fromthe rest of the !rovince and is based on a ,lou+h taI Thenon@a+ricultural classes are +radually acJuirin+ land fromthe abori+inal The Tahsildars of the tract who eIercisema+isterial functions are Munsifs also EIce,t inrelation to suits of succession and divorce, the court of the Commissioner is the hi+hest court of a,,eal in civilsuits The area is under the $urisdiction of the District9oard of MirDa,ur

The !rovincial *overnment are of the view that there isno $ustification for this area bein+ treated differentlyfrom the rest of the ,rovince and that normal administrationshould be eItended to it immediately 3 !')ITICA) ET!E#IENCE @ The ,eo,le of the eIcluded areas have no eI,erience oflocal self@+overnin+ institutions of the modern or statutoryty,e and are of course not re,resented in the le+islature The mana+ement of a )ocal 9oard is ,erha,s likely to be amuch bi++er undertakin+ for the ,eo,le of these areas thanthe mere election of a re,resentative to the le+islature andthe establishment of such bodies needs ,erha,s a ,eriod ofofficial +uidance and control, ,articularly in areas likethe Madras islands The ,artially eIcluded areas on theother hand are all included in electoral constituencies of the ,rovincial le+islatures and with the eIce,tion of theA+ency tracts of Madras and 'rissa,N the &anthal !ar+anasand Caunsar 9awar, are covered by local boards also Thereare certain reserved constituencies, viD , 9ihar ;, 'rissa8, Madras ., 9ombay . and C ! . In 'rissa, four of thefive members are selected by nomination 6nlike Assam, noreservation of seats had been made for tribals of the ,lainsor non@eIcluded areas and these vote alon+ with +eneral4oters In 9ombay, C ! and Chota Na+,ur, the tribalsthou+h re,orted to be a,athetic and showed aside by non@tribals, have known, at least nominally, such bodies aslocal boards Nevertheless it is likely to take some timebefore there is sufficient interest in these bodies and,robably interest in local self@+overnment will have to bebuilt u, from the villa+e sta+e Althou+h as shown by Mr *ri+son in his re,ort, the tribals cast their vote asco,iously as others, they have yet to learn to utilise its,owers to their own advanta+e 8 E((ECT& '( ETC)6&I'N @ Althou+h eIclusion or ,artial eIclusion has been inforce for a number of years now, the benefits which theareas have derived from it are not ,articularly noticeable In the case of the eIcluded areas, the sole res,onsibilityfor the administration has lain u,on the *overnor and therevenues earmarked for these areas have been outside thevote of the ,rovincial le+islature No definite ,ro+rammefor the develo,ment of the eIcluded areas with a view toremovin+ the disability of eIclusion has been followed Theintroduction of kuthts cultivation in )ahaul has brou+ht itsome economic ,ros,erity but the Eest Coast islands are,robably no better off than they were ten or twelve yearsa+o, and in the Chitta+on+ Hill Tracts no +reat im,etus toenli+htenment is ,erce,tible 'n the other hand, in the,artially eIcluded areas also little im,rovement is as yetvisible althou+h in 9ombay an inJuiry into the conditions of the abori+inals was started as early as .=2; A 9ackwardClass De,artment and 9oard have also been functionin+ in9ombay 'ther ,rovinces have since taken the cue and welfarework now seems to be for+in+ ahead but it is ,erha,s the+eneral

interests in the backward classes which isres,onsible rather than the system of ,artial eIclusion assuch The remarks of the 'rissa *overnment are of interest-HThe system of ,artial eIclusion has also been a mostunsatisfactory constitutional device In matters of administration of the ,artially eIcluded @@@@@@@@@@@@@@@@@@@@ N In the 1ora,ut District there is a District 9oardwith the Collector as !resident areas, the Ministers tender advice to the *overnor, withwhom the ultimate res,onsibility for the +ood *overnment of these areas rests He may acce,t or re$ect such advice Thesystem suffers from a fundamental defect/ the res,onsibilityis shared between the *overnor, and the Ministry answerableto the ,eo,le of this country or their electedre,resentatives H No less res,onsible is ,erha,s the factthat the re,resentatives of the ,artially eIcluded areashave not been ca,able of brin+in+ sufficient ,ressure andinfluence to bear on the Ministry (urther, some of the,artially eIcluded areas which constitute small ,ockets inlar+e districts and constituencies could a,,arently be lostsi+ht of and their interests subordinated to those of thelar+er areas in which they were contained &ome of the C ! eIcluded areas situated in the Chhindwara and 9ilas,urdistricts may be ,articularly noticed in this connection They constitute com,aratively small islands of ,artialeIclusion which have little voice in a lar+e constituency The +reatest weakness of the scheme of ,artial eIclusion is,erha,s the fact that it left areas weakly or only nominallyre,resented in the le+islature without any s,ecial financial,rovisions Ehatever the reasons may be, the conclusion to be drawn from the state of affairs noticed by us is that,artial eIclusion or eIclusion has been of very little,ractical value There has been neither educational noreconomic develo,ment on any a,,reciable scale The ob$ect ofs,ecial administration has thus not been achieved, and it isclear that if the hill tribes are to be brou+ht u, to thelevel of the rest of the ,o,ulation the stron+est measuresare now necessary : ATTIT6DE '( THE *ENE#A) !69)IC @ 'ne thin+ which we noticed in the course of our visitsto the different !rovinces was a considerable awakenin+ of the ,ublic conscience in the matter of the welfare of thetribal ,eo,le The inJuiries instituted in some of the!rovinces have doubtless contributed to this Juickenin+ Non@official or+anisations are be+innin+ to take interest inthe welfare of the tribes and the work of the &ervants ofIndia &ociety stands out ,rominently amon+ these The recentrisin+ of the Earlis in 9ombay !residency has drawnattention in a rather forcible way ,erha,s, to their,roblems Ehatever the reasons, is seems now clear thatthere is a +eneral tendency to take u, the Juestion ofdevelo,ment of the tribes ,eo,le as a serious matter, butwhether this by itself is sufficient to ensure the futurewell@bein+ of the tribes is more than Juestionable Most of the !rovinces are far from bein+ ha,,ily ,laced in thematter of funds, and the develo,ment of areas inhabited bytribes which are situated

+enerally in hilly country is amatter which calls for a +ood deal of eI,enditure for whichthere are many com,etitors The emer+ence of educated ,eo,leamon+ the tribes is as yet inadeJuate for the maintenance ofinterest in their ,roblems ; !'TENTIA)ITIE& '( THE T#I9E& @ The views of ,eo,le of different ,oints of viewre+ardin+ the future administration of the hill tracts andof the tribes ,eo,le themselves was found to be remarkablyuniform To be+in with, there was hardly anybody who did notbelieve that the tribals are ca,able of bein+ brou+ht to thelevel of that rest of the ,o,ulation by means of educationand contact Eherever facilities for education and contacthave been available, the tribes ,eo,le have showed thattheir intelli+ence can be develo,ed and environmentaldifficulties overcome It is true that as yet there is a+reat deal of a,athy in certain areas Mr &ymin+tonKs re,ort in ,articular ,oints out that the 9hilstake little interest in the local boards or in education andtheir addiction to drink is likely to kee, them in their,resent backward state In the ,artially eIcluded areas of'rissa, we came across tribals who had not been any wherebeyond a few miles of their villa+e or seen a motor car or arailway train 9y and lar+e however we found that there is aconsiderable demand for education and advancement amon+ thetribal ,eo,les and have no doubt that within a short timethey can be brou+ht u, to a satisfactory level, ifdevelo,ment ,lans are vi+orously ,ursued < *ENE#A) C'NC)6&I'N& @ To sum u,- 9oth eIclusion and ,artial eIclusion havenot yielded much tan+ible result in takin+ the abori+inalareas towards removal of that condition or towards economicand educational betterment #e,resentation of ,artiallyeIcluded areas in the le+islature and in local bodies hasbeen weak and ineffective and is likely to continue to be sofor some time to come Education shows definite si+ns ofbein+ sou+ht after more and more but the ,oor economiccondition of the abori+inal and the difficulty of findin+suitable teachers ,resent ,roblems which must be over@ comebefore illiteracy can be ,ro,erly tackled The +reat need of the abori+inal is ,rotection from eI,ro,riation from hisa+ricultural land and virtual serfdom under the money@lender There are certain tracts like &ambal,ur and An+ul inthe 'rissa ,rovince which need no lon+er be treateddifferently from the re+ularly administered districts 'nthe other hand areas like the Madras and the 'rissa A+encytracts still need a sim,lified ty,e of administration whichdoes not eI,ose them to the com,licated machinery ofordinary law courts Differences in social customs and,ractices amon+ the tribes also need to be ke,t in mind = #E!#E&ENTATI'N IN )E*I&)AT6#E& @

Ee have ,ointed out at the very outset that the tribalswho live in non@eIcluded areas form ,art of our ,roblem andcannot be left out of account In considerin+ re,resentationin the )e+islatures we would ur+e that the tribes should betreated as a whole as a minority and not se,arately In thisre+ard, we would refer to a certain difference of o,inionwhich eIists amon+ the ,arties interested In 9ombay theview of the Ministers and others dealin+ with the ,roblemwas unreservedly in favour of ,rovidin+ re,resentation forthe tribes as a whole by reservation of seats in a $ointelectorate In Madras also a similar view found favour Inthe Central !rovinces, however, different views wereeI,ressed not only in res,ect of the method of election butalso about reservation, both by officials and by Ministers Certain district officials su++ested that there should benomination out of a ,anel submitted by district officials Mr *ri+son favoured a scheme of indirect elections by meansof +rou, ,anchayats The +eneral feelin+ amon+ theseofficials was that election was not likely in the ,resentcircumstances to ,roduce suitable re,resentatives &ome,oint was +iven to this by the re,ly of Mr Eadiwa, a *ond,leader, who +ave evidence before us, that he could notstand for election on account of the eI,ense involved TheMinisters on the contrary seemed to have no ob$ection toelections but were stron+ly o,,osed to reservation of seatsin ,ro,ortion to their ,o,ulation Mr *ri+son also did nota,,ear to favour reservation thou+h he was of the view thatif reservation was made for the scheduled castes there wasno $ustification for not ,rotectin+ the abori+i@nal similarly- H9ut once we start with reservation there isthe ,ossibility of it becomin+ ,ermanent H The Ministersconsidered that increased re,resentation would be ,rovidedby their scheme of demarcatin+ constituencies without theevil of creatin+ a se,aratist mentality HThese tahsil areaswill be delimited so that ,articular communities in,articular areas will +et an effective voice Cust as,articular wards in a munici,ality return only a ,articularclass or community of ,ersons @ some wards in Na+,urMunici,ality return only Muslim members @ an Ahir ward ortahsil will return only an Ahir, a *ond tahsil will returnonly a *ond and so on In this way we want to +ive all thesections of our ,eo,le thorou+h and com,lete re,resentationwithout whettin+ their communal a,,etite H As re+ards theother tribals who are not found in com,act areas, it isasserted that they are +enerally dis,ersed in the ,rovinceand not easily distin+uishable from the other ,eo,le In'rissa reservation of Ha s,ecific number of seatsH in+eneral constituencies is recommended but it is considerednecessary that abori+inal members should be elected to theseseats by a suitable system of indirect or +rou, election The remarks of the 'rissa *overnment in connection with thesystem of ,artial eIclusion are relevant- HThe inadeJuacy ofre,resentation of the abori+inal ,eo,le of these areas inthe le+islature has also contributed to their ne+lect Theyare not vocal nor have they any ,ress for ,ro,a+anda Theyhave been re,resented in the Assembly by five members, fournominated by the *overnor and one elected from &ambal,ur Asa result of this insufficient re,resentation the ,roblems of these areas do not receive the attention to which their siDeand im,ortance entitle them H Ee have +iven

serious thou+htto the Juestion and come to the conclusion that the tribalsshould have reserved seats in a $oint electorate based onadult franchise Ee do not consider the scheme of the C ! *overnment adeJuate as it ,rovides no safe+uards for thelar+e numbers of tribals who live in the non@eIcluded areasand who without reservation would have no chance of bein+re,resented in the )e+islature The case of the tribals isnot essentially different from that of the &cheduled Castesand they are in fact more backward in education and in theireconomic condition than the &cheduled Castes #e,resentationin ,ro,ortion to their numbers in the le+islatures, even ifsome of them are not vocal or able to ar+ue their case willem,hasiDe the im,ortance and ur+ency of their ,roblems Andit is to the interest of the country to see that theseori+inal inhabitants of the Indian soil are brou+ht u, tothe level of the rest so that they can contribute in duemeasure to the ,ro+ress of the country rather than be a dra+on the rest Ee do not consider that the method of indirectelection or nomination should be resorted to Theabori+inals have to take ,art in direct election some timeand the sooner their trainin+ for this starts the better Havin+ re+ard to the circumstances of the Madras islandand the !un$ab EIcluded Areas, we recommend s,ecialre,resentation as follows- @ )accadive *rou, . )ahaul and &,iti . Amindivi *rou, . Minicoy . It seems clear to us that these areas cannot beincluded in other constituencies, nor would they be suitablyre,resented if so included .> )E*I&)ATI'N@ "a% Areas to be &cheduled @ The ,rovisions for,artially eIcluded and eIcluded areas in the .=28Constitution are desi+ned to ,revent the a,,lication ofunsuitable le+islation, to ,ermit the makin+ of s,ecialrules and re+ulations reJuired for any different system of administration needed in the abori+inal areas, and for the,rovision of funds at the discretion of the *overnor for thetotally eIcluded areas Althou+h in most of the !rovinces,there has been a +ood deal of assimilation of the tribal,eo,le of the ,lains, yet the social system of the tribes isdifferent from that of the ,lains ,eo,le in a number of the,artially eIcluded areas In the eIcluded areas, of courseas already ,ointed out, there are ,eo,le like Tibetans, theChakma, Miro and Mo+h of the Chitta+on+ Hill Tracts, theislanders of the )accadive Islands and so

on In the,artially eIcluded areas, the tribes of 'rissa and ChhotaNa+,ur and even the *onds of the C ! and the 9hils of9ombay who have assimilated the life of the ,lains to a+reater eItent than others have different social customs The law of inheritance and the systems of marria+e anddivorce are different from those of other communities It is,ossible of course for the le+islatures to bear thesefeatures in mind and ,ass different laws $ust as differentlaws have been ,assed for Hindus and Muslims but there areother sub$ects as well in which the tribes will have to betreated on a different footin+ In ,laces like the A+encyTracts, for eIam,le, the ,o,ulation is as yet too ,rimitiveto be able to understand or make use of the com,licated,rocedure and law of the civil, criminal and revenue courts Ee have mentioned earlier the features ,eculiar to the&antal !ar+anas and the Caunsar 9awar !ar+ana Even in themore advanced tracts of the Central !rovinces of 9ombay, thetribal is at a serious disadvanta+e on account of his,overty and i+norance and the ,rocrastination of courts andofficials and is easily victimiDed This is of course trueof all ,oor and sim,le rural folk, but it is clear that inthe case of the abori+inal, it a,,lies to a community found,redominantly in certain areas and not to individuals Thusa sim,lified system of dis,ensation of $ustice will benecessary in certain areas There is a+ain the Juestion ofland le+islation The land is the only thin+ left to theabori+inal, who does not follow non@a+ricultural ,rofessionsto any a,,reciable eItent as yet In the Chhota Na+urDivision different kinds of tenure have been reco+niDed forthe tribals and in any case, even where the tenure is sim,leand common to other areas, +rant of the ,ower of alienationto the tribals is certain to result in his +radualeI,ro,riation Ee are thus led to the conclusion that it isnecessary to ,rovide that in certain areas laws of the,rovincial le+islature which are likely to be based lar+elyon the needs of the ma$ority of the ,o,ulations should nota,,ly automatically, if not +enerally, at least in certains,ecified sub$ects A +eneral ,rovision of this kind is ofcourse a matter of convenience and would eliminate the needfor the le+islature to ,rovide s,ecial clauses or savin+clauses It would also enable s,ecial consideration if thele+islation is to be a,,lied to the area This of courseinvolves notification of areas and we recommend ,rovisionfor the ,ur,ose Ee ,ro,ose that the areas should be knownas H&cheduled AreasH in future "b% A,,lication to &cheduled Areas @ The neIt Juestionwhich arises is whether any s,ecial mechanism is to be,rovided or whether the matter should be left to thele+islature without any additional safe+uard to a,,lyle+islation The *overnment of 'rissa have a,,arentlythou+ht it sufficient if the laws are s,ecially eItended bythe !rovincial*overnment and other *overnments may hold similar views Thefact that non@tribals will be in a ma$ority in all thele+islatures and the fears which the tribals entertain thattheir interests and s,ecial customs and circumstances may bei+nored must in this conteIt be taken into account Doubtless they would like to feel that they themselves havea voice in the decision and that a decision is not taken by,ersons unacJuinted or im,erfectly acJuitted with theirs,ecial circumstances and not +enuinely interested in theirwelfare The feelin+

which ,revails in this matter has beeneI,ressed thus- H&,eakin+ ,urely hy,othetically, it shouldnot be ,ossible for the member re,resentin+ Chitta+on+ to beable to obli+e his constituents by +ettin+ some radicalchan+es made to the detriment of the hill tribes, which isof local advanta+e to them H ")t @Col Hyde, D C Chitta+on+ Hill Tracts% and HMinisters may find that owin+to ,olitical ,ressure from or+anised ,ressure +rou,s, thatit is im,ossible for them to +ive the ,rotection which theydesire to +iveH "*ri+son, abori+inal Tribes EnJuiry'fficer, C ! F 9erar % The ,resent system under which the *overnor in hisdiscretion a,,lies the le+islation is not likely to a,,ealas this ,rinci,le will be re+arded as undemocratic, eventhou+h the +overnor in future may be an elected functionary An alternative mechanism is therefore necessary Ee haveconsidered the Juestion in all its as,ects and come to theconclusion that in res,ect of certain sub$ects, laws ,assedby the !rovincial )e+islature should not be a,,lied to the&cheduled Areas if the Tribes Advisory Council does notconsider them suitable for those areas Ee have also,rovided that in other sub$ects the !rovincial *overnmentshould have the ,ower to withhold or modify le+islation onthe advice of the Tribes Advisory Council "!araN .8% "c% &,ecial &ub$ects @ It has been stated above that incertain sub$ects le+islation should not a,,ly if consideredunsuitable by the Tribes Advisory Council Ee consider sucha definition desirable to ,revent any unnecessarycom,lication of le+islative ,rocedure or delayin+ ofle+islation In most of the areas ordinary le+islation isa,,licable and the ,olicy has been and should be to a,,lyle+islation normals unless there is any s,ecial reason tothe contrary As a matter of +eneral concern restrictionseems necessary only in certain matters and we recommendthat all le+islation relatin+ to ".% social matters "0%occu,ation of land includin+ tenancy laws, allotment of landand settin+ a,art of land for villa+e ,ur,oses, and "2%villa+e mana+ement includin+ the establishment of villa+e,anchayats should be dealt with in this manner .2 C#IMINA) AND CI4I) C'6#T& @ Ee have noticed that there are areas where the re+ularmachinery for the dis,osal of criminal and civil cases isnot in o,eration and an HA+encyH system is in force Thecivil ,rocedure has in ,articular been substituted by asim,lified ,rocedure Ee have no doubt that sim,lified,rocedure should be ,ossible for the dis,osal of ,ettycriminal and civil cases and recommended accordin+ly thateIce,t where the re+ular ,rocedure is already in force, asim,lified system should continue to be inforced Ee are nothowever in a ,osition to say whether the eIact ,rocedurefollowed at ,resent needs modification or not

N #eference to ,ara is to ,ara in the ori+inalre,ort .3 #E&E#4ATI'N IN (EDE#A) )E*I&)AT6#E @ Ee have recommended reservation of seats in the!rovincial )e+islature Ee recommend reservation in the(ederal )e+islature also on the basis of ,o,ulation in each,rovince 'n the scale contem,lated in the draft 6nionConstitution, this would be 8 for 9ihar, 2 for C ! , and 0each for 9ombay and 'rissa .8 !#'4INCIA) T#I9E& AD4I&'#? C'6NCI) @ Most of the !rovincial *overnments have found itnecessary to set u, advisory bodies for the ,ro,eradministration of the tribal areas In our view, it isnecessary that there should be a body which will kee, the!rovincial *overnment constantly in touch with the needs of the abori+inal tracts "&cheduled Areas% in ,articular andthe tribal for such a council reJuires little eI,lanation Ehatever le+al machinery is set u,, it is no fancy tosu++est that its actual translation into ,ractice may not bein accord with its s,irit, and besides the le+al machineryitself may be found defective in ,ractice (or a number ofyears clearly, the develo,ment of the abori+inals willreJuire the most meticulous care There are many ways inwhich the abori+inalsK interests may be ne+lected, and it isknown that re+ardless of certain ,rohibitory rules they aresub$ected to harassment at the hands of subordinate+overnment officials and contractors In s,ite of theabolition of be++ar, for instance, there are still a +oodmany cases of it in fairly serious form comin+ to noticefrom time to time The workin+ of ,rovincial le+islation orthe machinery of administration in whole or in not needsconstant scrutiny and re+ulation The reclamation of thetribal is not likely to be an easy matter since it is seenfrom eI,erience that even where ,rovision for local bodieseIists the abori+inal reJuires s,ecial encoura+ement to takeactive ,art in it Ee have also ,ointed out that there,resentation of the abori+inal in the le+islature islikely to be weak for some time to come To eIercise s,ecialsu,ervisory functions therefore and to brin+ to theattention of the !rovincial *overnment from time to time thefinancial and other needs of the abori+inal areas, theworkin+ of develo,ment schemes, the su++estion of ,lans, orle+islative or administrative machinery, it is necessary to,rovide by statute for the establishment of a TribesAdvisory Council in which the tribal element is stron+lyre,resented There may be no ob$ection to the advisorycouncil bein+ made use of for su,ervision of the interestsof other backward classes as well Ee are of the view thatthe establishment of an Advisory Council for the neIt tenyears at least is necessary in the !rovinces of Madras,9ombay, Eest 9en+al, 9ihar, C ! F 9erar and 'rissa, and werecommend that statutory ,rovision be made accordin+ly Eehave referred earlier "!ara ..% to the ,art that the TribesAdvisory Council will ,lay in res,ect of )e+islation

.: CENT#A) C'MMI&&I'N @ Ee have indicated above that unless the attention of the *overnment is concentrated with s,ecial em,hasis on the,roblems of the abori+inals and the needs of the &cheduledAreas, there is little likelihood of any develo,ment Ee donot intend any reflections on !rovincial *overnments if weremark that they may fail to take adeJuate interest The,rovincial finances may also need to be stren+thened bysubventions from the Central fisc and we have in factrecommended that the (ederation should come to the aid of the ,rovinces to the eItent necessary Ee are of the viewtherefore that the (ederal *overnment should take irectinterest in the develo,ment of the tribes Ee consider thatit should be ,ossible for the (ederal *overnment toinstitute at any timea s,ecial Commission to enJuire into the ,ro+ress of ,lansof develo,ment and also into the conditions of the &cheduledAreas and tribals in +eneral In any case, such a commissionshould be instituted on the eI,iry of ten years from thecommencement of the new Constitution Ee have no doubt thatthe ,rovinces would welcome such a commission and werecommend that ,rovision for its a,,ointment should be madein the 6nion constitution .; CENT#A) &694ENTI'N& @ The develo,ment of the &cheduled Areas is likely toinvolve heavy eI,enditure on account of the nature of thecountry and other ,ractical difficulties It is obvious thatin the hilly tracts the construction and maintenance ofroads will reJuire a +ood deal of money Most of thesetracts are devoid of any attraction for officials who thusneed to be s,ecially com,ensated The ,rovision of schools,medical facilities and water su,,ly which are dire needswill doubtless make a heavy demand on the bud+et Ehile weare clearly of the view that to the maIimum ,ossible eItentthe funds reJuired for the welfare and develo,ment of theseareas should be found in the ,rovinces themselves, we feelthat unless the Central *overnment ,rovides the necessaryassistance, some of the !rovincial *overnments at any ratemay find it im,ossible to carry out schemes of im,rovement Ee recommend therefore that for all schemes of develo,menta,,roved by it the Central *overnment should contribute, inwhole or in ,art, funds for the im,lementation of thedevelo,ment schemes The Central *overnment should also bein a ,osition to reJuire the !rovincial *overnments to drawu, schemes for the &cheduled Areas Ee have recommendedstatutory ,rovision to this effect .< !#'4INCIA) (6ND& @ The main anIiety of the &cheduled Areas will centreround the attitude of the le+islature in the ,rovision offunds These areas as already ,ointed out will be weaklyre,resented and, bein+ deficit areas, may be dealt with onthe ,rinci,le of he who ,ays more +ets more In the absenceof a keen demand it is even ,ossible that there is adiversion of revenues to the more vociferous areas Ee haveremarked

earlier that one of the weakness of the system of,artial eIclusion is the lack of financial safe+uards Thereis very clearly a necessity for makin+ the reJuired,rovisions to remove this weakness It has been su++ested tous that funds for the develo,ment of the &cheduled Areasshould be ,rovided by the fiIation of a statutory ,ercenta+eof the ,rovincial revenues It may be easy to ,rovide bystatute that such and such a ,ro,ortion of the !rovincialrevenues should be s,ent u,on the &cheduled Areas, but thereis first of all the difficulty of determinin+ the ratio Theneeds of the &cheduled Areas are +reat in com,arison withthe ,o,ulation and in some cases even with the eItent of thetract &econdly if a ri+id statutory ration is fiIed, it mayin ,ractice be found that it is not ,ossible to adhere toit The framin+ of a bud+et has to take into account manyfactors and ri+id statutory ratio is likely to causedifficulties to the !rovincial *overnments, a,art from bein+,erha,s ineffective in ,rovidin+ the real needs of the hilltracts If a low ratio is fiIed it is ,ractically certainthat the !rovincial *overnments will not eIceed that If ahi+h ratio is fiIed, the !rovincial *overnment may be unableto meet it and in any case the workin+ out of an acce,tableratio itself seems im,racticable in the circumstanceswithout a careful eIamination of the needs of all thedifferent tracts Ee feel conseJuently that no directstatutory safe+uard of this nature is ,ossible The other,ossibi@lity is that the *overnor in his discretion should set a,artfunds and that these funds should be outside the vote of thele+islature Ee feel that such a ,rovision is likely to bere,u+nant to the ,rovincial le+islature Ee recommend however that the revenues derived from andthe eI,enses incurred on the &cheduled Areas from the,rovincial bud+et should be shown se,arately so as to,revent the needs of these areas bein+ overlooked throu+hincor,oration in the +eneral items &uch a se,arate statementwill of course afford a better o,,ortunity for scrutiny andcriticism .= *'4E#N'#K& #E&!'N&I9I)IT? @ In connection with financial safe+uards the view waseI,ressed that the formulation of a ,lan of im,rovementaffords sufficient +uarantee for the eI,enditure of funds Ee are of the view that in the ,rovisions corres,ondin+ tothe Instrument of Instructions the *overnor should bereJuired to see that a suitable scheme of develo,ment isdrawn u, and im,lemented as far as ,ossible "&ee !ara N.;% 0> T#I9A) MINI&TE# @ Connected with the formulation of develo,ment schemesand the ,rovision of adeJuate eI,enditure for the hilltracts is the need for the a,,ointment of a se,arateMinister to +ive effect to the ,lans and to look after theinterests of the abori+inals The tribal ,o,ulation in theC ! , 'rissa and 9ihar forms a considerable ,ro,ortion of the total ,o,ulation and on this +round alone the tribalshave a case

for re,resentation in the !rovincial *overnment In the C ! , the tribal ,o,ulation is nearly .< ,er cent In'rissa, almost a fifth of the ,o,ulation is tribal, and in9ihar there are over 8 millions of them constitutin+ about.3 ,er cent !artly in order to ,rovide re,resentation forthe tribals and in any case to see that adeJuate attentionis ,aid to their administration we are of the view thatthere should be a se,arate Minister for the tribal areas andtribes in C ! , 'rissa and 9ihar and that this should be,rovided by statute The Minister should be a tribal himselfunless a suitable ,erson cannot be found Ee may add thatthe *overnment of 'rissa have reco+nised that there shouldbe a se,arate ,ortfolio for the welfare of the backwardclasses under the new constitution 0. &E#4ICE& @ It has been ,ointed out that the tribals constitute ana,,reciable ,ro,ortion of the ,o,ulation ,articularly insome !rovinces 'n this account, the ,olicy of recruitmentof a due ,ro,ortion of abori+inals havin+ re+ard toreasonable efficiency, into the *overnment services is$ustified and necessary and must be followed A,art fromthis, however, it is necessary that there should be anadeJuate number of tribals in the services so that theconstant com,laints of mishandlin+ by non@tribal 'fficials,,articularly, of such servants as forest +uards, constablesor eIcise ,eons and clerks can be minimiDed Moreover, it isonly by adeJuate re,resentation in the *overnment and localbodiesK services that the tribal can +ain the necessaryconfidence and status Ee do not consider that a se,arate service of tribal,eo,le is necessary or desirable for the &cheduled Areas,and we recommend that they should be recruited to a +eneralcadre This will enable them to come into contact with non@tribes ,eo,le and we also consider that there is N #eference to ,ara is to ,ara in the ori+inal re,ort no ob$ection to the ,ostin+ of selected non@tribal officialsto the &cheduled Areas In fact, in the evidence before us,o,inion has been ,ractically uniform that there is nonecessity for a s,ecial cadre of officials for the hilltracts and what is really reJuired is selection ofsym,athetic officials for workin+ in the hills Ee woulddraw attention here to the im,ortance of ,rovidin+ suitableaccommodation and facilities for medical attention toofficials servin+ in the scheduled areas Malaria and otherdiseases constitute the scour+e of these hill tracts andunless s,ecial attention is ,aid to the health of the staffit is unlikely that develo,ment schemes will make muchheadway The ,rovision of facilities for recreation andadeJuate com,ensatory allowances for officials ,osted tothese areas should be ke,t in mind Any tendency to treatthese ,osts as ,enal ,osts or ,osts for the safe de,osit ofincom,etents must be stron+ly de,recated

00 T#I9A) !ANCHA?AT& @ Ee have recommended that sim,lified rules should becontinued where they are in force in the &cheduled Areas forthe trial of civil and criminal cases Eherever trialinstitutions are still fairly vi+orous, we would recommendthat they should be utilised to try ,etty civil dis,utes andcriminal cases The establishment of the more advanced ty,eof villa+e ,anchayat is recommended wherever ,ossible 02 &HI(TIN* C6)TI4ATI'N @ &hiftin+ cultivation or ,odu is ,ractised mostly in the1ora,ut and *an$am a+ency tracts of 'rissa and in thesimilar a+ency tracts of Madras In the Central !rovinces itis ,rohibited by law and is not ,ractised to any a,,reciableeItent eIce,t in the 9ai+a Chack where it is ,ermitted andin the Bamindaris Ee have nothin+ to add to therecommendations of the 'rissa !artially EIcluded AreasInJuiry Committee This method of cultivation should beeliminated, as soon as ,ossible 03 !#'HI9ITI'N @ Ee invite the attention of !rovincial *overnments tothe recommendations made by Mr &ymin+ton "9ombay% and the'rissa !artially EIcluded Areas Committee Tem,erance,ro,a+anda should be taken u, as ,art of the welfare work Afeelin+ has been +rowin+ amon+ abori+inals, ,articularly inthe tracts of 9ombay and the Central !rovinces that,rohibition is to their advanta+e, and this feelin+ shouldbe fostered amon+ all the tribals 08 )AND @ The im,ortance of ,rotection for the land of thetribals has been em,hasised earlier All tenancy le+islationwhich has been ,assed hitherto with a view to ,rotectin+ theabori+inal has tended to ,rohibit the alienation of thetribals land to non@tribals Alienation of any kind, even toother tribals, may have to be ,rohibited or severelyrestricted in different sta+es of advancement are concerned Ee find however that !rovincial *overnments are +enerallyalive to this Juestion and that ,rotective laws eIist Eeassume that these will continue to a,,ly and as we have mades,ecial ,rovision to see that land laws are not altered tothe disadvanta+e of the tribal in future, we do not consideradditional restrictions necessary As re+ards the allotmentof new land for cultivation or residence however, we are of the view that the interestsof the tribal need to be safe+uarded in view of theincreasin+ ,ressure on land everywhere Ee have ,rovidedaccordin+ly that the allotment of vacant land, belon+in+ tothe &tate in &cheduled Areas should not be made eIce,t inaccordance with s,ecial re+ulations made by the *overnmenton the advice of the Tribes Advisory Council 0: M'NE?@)ENDE#& @

Connected with the ,rotection of the land is the needfor ,revention of eI,loitation by money@lenders Ee considerit necessary that in the &cheduled Areas money@lendersshould not be ,ermitted at all and that at any rate theyshould be allowed to o,erate under licence and strin+entcontrol only 0; THE &CHED6)ED A#EA& @ It has been ,ointed out that areas like &ambal,ur,An+ul and Dar$eelin+ need no lon+er be treated as ,artiallyeIcluded areas The 6 ! *overnment are of the view thatthe 1hat Hari,ur 9ias should be detached from the Hill &ub@division They have also recommended the removal of theDudhi !artially EIcluded Areas The ,o,ulation of the,artially eIcluded areas in the 6nited !rovinces is smalland the Caunsar 9awar ,ar+ana is not inhabited by ,eo,le whoare in an ethnic sense tribals Ee have not recommended aTribes Advisory Council for 6 ! and we do not consider itnecessary to schedule either of these areas &imilarly we donot consider it necessary to schedule the &,iti area of the!un$ab In all these tracts, it will be o,en to the!rovincial *overnment to a,,ly the ,rovisions of ,art II of the law ,ro,osed by us In 9ombay, we consider thatcertain areas in the Eest 1handesh District and the,artially eIcluded areas of the 9roach and !anch MahalsDistrict should henceforth be administered without anys,ecial ,rovisions The C ! areas are retained as they areand in Chhota Na+,ur we are ,rovisionally of the view thatonly the three districts which have a ma$ority of tribalsshould be scheduled The schedule ,ro,osed is shown asA,,endiI DN 'n the other hand, there may be other areas which the!rovincial *overnments may like to brin+ under s,ecialadministration This can be done by the !rovincial*overnment in their discretion (or the ,rotection of theland of tribes line the )e,cha in Dar$eelin+ the !rovincial*overnment could make the a,,ro,riate ,rovision of thecha,ter relatin+ to the &cheduled areas a,,licable to thearea concerned 0< D#A(T !#'4I&I'N& @ Ee enclose a draft of ,rovisions contem,lated by us inrou+hly le+al form "A,,endiI CN% A 4 THA11A# Chairman D N &AMANTA THA16# !H6) 9HAN6 &HAH #AC 1#6&HNA 9'&E CAI!A) &IN*H ! C *H'&H @@@@@@@@@@@@@ N #eference to a,,endices are to a,,endices in theori+inal re,orts 5AnneIure I47

A!!ENDIT D !art I @ EIcluded Areas MAD#A& The )accadive Islands "includin+ Minicoy% and theAmindivi Islands 9EN*A) The Chitta+on+ Hill Tracts THE !6NCA9 &,iti and )ahoul in the 1an+ra District !art II @ !artially EIcluded areas MAD#A& The East *odavari A+ency and so much of the 4iDa+a,atamA+ency as is not transferred to 'rissa under the ,rovisionsof the *overnment of India "Constitution of 'rissa% 'rder,.=2: 9'M9A? In the Eest 1handesh District, the &hahada, Nandurbarand Taloda Taluks, the Nava,ur !etha and the Akrani Mahal,and the villa+es belon+in+ to the followin+ Mehwassi ChiefsKnamely, ".% the !arvi of 1athi, "0% the !arvi of Nal, "2%the !arvi of &in+,ur, "3% the Ealwi of *aohali, "8% theEassawa of Chikhli, and ":% the !arvi of Naval,ur The &at,ura Hills reserved forest areas of the East1handesh District The 1alvan Taluk and !eint !eth of the Nasik District The Dhahanu and &haha,ur Taluks and the Mokhada and6mber+aon !ethas of the Thana District The Dohad Taluk and the Chalod Mahal of the 9roach and!anch Mahalas District 9EN*A) The Dar$eelin+ District

The Dewan+an$, &ribardi, Nalitabori, Halua+hat,Dur+a,ur and 1almakanda ,olice stations of the Mymensin+hDistrict THE 6NITED !#'4INCE& The Caunsar@9awar !ar+ana of the Dehra Dun District The ,ortion of the MirDa,ur District south of the1aimur #an+e 9IHA# The Chhota Na+,ur Division The &antal !ar+anas District THE CENT#A) !#'4INCE& AND 9E#A# In the Chanda District, the Ahiri Bamindari in the&ironcha Tahsil, and the Dhanora, Dudmala, *ewardha,Chara,a,ra, 1hut+aon, 1ot+al, Muram+aon, !alas+arh, #an+i,&irsundi, &onsari, Chandala, *il+aon, !ai@Muranda and!ote+aon Bamindaris in the *archiroli Tahsil The Harrai, *orak+hat, *or,ani, 9atka+arh, 9arda+arh,!artab+arh "!a+ara%, Almod and &on,ur $a+irs of theChhindwara District, and the ,ortion of the !achmarhi $a+irin the Chhindwara District The Mandla District The !endra, 1enda, Matin, )a,ha, 6,rora, Chhuri and1orba Bamindaris of the 9ilas,ur District The Aundhi, 1oracha, !anabaras and Amba+arh ChaukiBamindaris of the Dru+ District The 9aihar Tahsil of the 9ala+hat District The Mel+hat Taluk of the Amraoti District The 9hainsdehi Tahsil of the 9etul District '#I&&A The District of An+ul The District of &ambal,ur

The areas transferred from the Central !rovinces underthe ,rovisions of the *overnment of India "Constitution of'rissa% 'rder, .=2: The *an$am A+ency Tracts The areas transferred to 'rissa under the ,rovisions of the aforesaid 'rder from the 4iDa+a,atam A+ency in the!residency of Madras @@@@@ A!!ENDIT D 5AnneIure 47 I &tatement showin+ the total ,o,ulation and Tribal ,o,ulation of !rovinces Name of !rovinceTotal !o,ulation Tribal !o,ulation !ercenta+e CONSTITUENT ASSEMBLY OF INDIA - VOLUME VII Thursday, the 4th Nove !er "#4$ Madras 3=,23.,<.> 8:0,>0= . . 9ombay 0>,<3=,<3> .,:.3,0=< ; ; 9en+al :>,2>:,808 .,<<=,2<= 2 . 6nited !rovinces 88,>0>,:.; 0<=,300 > 82 !un$ab 0<,3.<,<.= 9ihar 2:,23>,.8. 8,>88,:3; .2 =C ! and 9erar .:,<.2,8<3 0,=2;,2:3 .; 8 Assam .>,0>3,;22 0,3<3,==: 03 3N E ( ! 2,>2<,>:; 'rissa <,;0<,833 .,;0.,>>: .= ; &ind 3,828,>>< 2:,<.= > <. A$mer@Merwara 8<2,:=2 =.,3;0 .8 : Andaman and Nicobars 22,;:< ..,>;: 20 <

9aluchistan 8>.,:2. 2 Coor+ .:<,;0: .=,;02 .. ;Delhi =.;,=2= II EIcluded and !artially EIcluded Areas !o,ulation "!rovincial Totals%Name of !rovince Areas in total &J Miles !o,ulationAbori+inal or backward class!ercenta+eMadras EIcluded Areas@@@ = :0 .<,28; &J Miles U 0>. 2G3 acres !artially EIcluded Areas@:,;=0 2. 3=2,>0: .<,228 222,2;0N == = :; : 9ombay EIcluded Areas@@@@ Nil!artially EIcluded Areas@ :,:=;U .,.08,3;. ::2,80< 8< =9en+alEIcluded Areas 8,>>; 03;,>82!artially EIcluded Areas 0,8.< =;;,::8022,2=0.=>,..0=3 8.= 36nited !rovincesEIcluded Areas Nil!artially EIcluded Areas 0,08> 0>0,>>> .32,:>> ;. .!un$ab EIcluded Areas 3,:=8 ..,;>>!artially EIcluded Areas Nil ..,;>>"Tibetans%.>>NIncludes ;0,<>= 9ackward ClassU Does not include the area of H&at,ura Hills #eserved (orestH Name of !rovinceAreas in Total&J miles !o,ulation Abori+inal or 9ackward Class!ercenta+e9iharEIcluded Areas Nil !artially EIcluded areas 20,8=0 =,;8>,<3: 3,38.,.>= 38 :Central !rovinces and 9erarEIcluded Areas Nil!artially EIcluded Areas .=,<8: .,3:;,:<. <0=,=.< 2: : 'rissa EIcluded Areas Nil!artially EIcluded Areas .=,<2. 0,=2=,3.: .,8:>,.>3 82 >;*rand Total .>>,03< .;,022,0>8 <,328,.=> 3< =8 III&tatement &howin+ Total !o,ulation and Tribal !o,ulation 9y Districts !rovince or District Total !o,ulationTribal !o,ulation!ercenta+eMadras !rovince 9ritish Territory 3=,23.,<.> 8:0,>0= . .3 4iDa+a,atam 2,<38,=33 0<:,=02 ; 3:A+ency 30.,32; .3>,;0. :2 88!lains 2,:03,8>; .3:,0>0 3 >2*odavari east 0,.:.,<:2 .>.,820 3 ;>A+ency 0;.,8:= =;,0>> 28 ;=!lains .,<=>,0=3 3,220 > 02*odavari Eest .,2<>,><< .,=== > .31istna .,333,0=3 238 > >0*untur 0,0;;,0<2 0,03: > .>Nellore .,:.;,>0: .8 Cudda,ah .,>8:,8>> .= 1urnool .,.3:,08> 8,<;< > 8. 9ellary .,>8.,028 83< Ananta,ur .,.;.,3.= 3 Madras ;;;,3<. 0

Chin+le,ut .,<02,=88 2= Chittoor .,:20,2=8 North Arcot 0,8;;,83> &alem 0,<:=,00: : Coimbatore 0,<>=,:3< .0,33> > 33 &outh Arcot 0,:><,;82 Tan$ore 0,8:2,2;8 0.2 Trichino,oly 0,.=3,>=. 03 Madura 0,33:,:>. : #amnad .,=;=,:32 Tinnevelley 0,033,832 .:. Nil+iris 0>=,;>= :0,=8. 2> >0 Malabar 2,=0=,308 23,2:: > <; &outh kanara .,802,8.: 80,2.0 2 32 9'M9A? !#'4INCE !rovince of 9ombay !ro,er 0>,<3=,<3> .,:.3,0=< ; ;3 9ombay City .,3<=,<<2 3,:>: > 2. Northern Division 8,0;:,8=2 <;3,.>2 .: 8: Ahmedabad .,2;0,.;. <,;2> > :3 Ahmedabad City 8=.,0:; 8,;33 > =; broach F !anch Mahals =03,80; 0:<,:.; 0= >: 1aira =.3,=8; 8,.:. > 8; &urat <<.,>8< 20>,8;8 2: 2;

Thana =20,;22 08;,.2> 0; 8; 9ombay &uburban 08.,.3; .2,<=> 8 82 Central Division <,.=;,2= ::;,<0< < .8 Ahmedna+ar .,..0,00= 3.,.3: 2 :> East 1handesh .,20;,;00 :.,>83 3 :> Eest 1hendesh =.0,0.3 28;,;.= 2= 0. Nasik .,..2,=>. .:;,0<> .8 >0 !oona .,28=,3>< 2:,<28 0 ;. &atara .,20;,03= ..,>.3 > >< &hala!ur .,>.3,:;> 0,;<> > 0. &outhern Division 8,<<8,=;. :;,;:. . .8 9el+aum .,008,30< .,:;3 > .3 9i$a,ur =;8,=<0 .,>>< > .> Dharwar .,0.>,>.: .,3.3 > .0 1anarh 33.,.8; .=; > >3 1olaba ::<,=00 :0,.;> = 0= #atna+iri .,2;2,3:: .,0=< > >= 9EN*A) !#'4INCE& 9ritish Territory :>,2>:,808 .,<<=,2<= 2 .2 9urdwan Division .>,0<;,2:= ;>:,;0= : <; 9urdwan .,<=>,;20 .8.,288 < > 9irbhum .,>3<,2.; ;3,><3 ; >; 9ankura .,0<=,:3> .83,03: .. =: Midna,ur 2,.=>,:3; 082,:08 ; =8

Hoo+hly .,2;;,;0= :=,8>> 8 >3 Howrah .,3=>,2>3 2,=.= > 0: !residency Division .0,<.;,><; ==,028 > ;; 03@!ar+anas 2,82:,2<: 8.,><8 . 33 Calcutta 0,.><,<=. .,:<< > >< Nadia .,;8=,<3: .0,:;. > ;0 Murshidabad .,:3>,82> 0:,.2< . 8= Cessore .,<0<,0.: 3,=;< > 0; 1hulna .,=32,0.< 0,:;8 > .3 #a$shahi Division .0,>3>,3:8 ;;:,;0= : 33 #a$shahi .,8;.,;8> :;,0=< 3 0< Dina$,ur .,=0:,<22 .<0,<=0 = 3= Cal,ai+uri .,><=,8.2 0;=,0=: 08 :2 Dar$eelin+ 2;:,2:= .3.,2>. 2; 83 #an+,ur 0,<;;,<3; .<,0>> > :2 9o+ra .,0:>,3:2 .3,2<; . .3 !abna .,;>8,>;0 :,=>: > 38 Malda .,020,:.< ::,33= 8 2= Dacca Division .:,:<2,;.3 :8,2=< > 2= Dacca 3,000,.32 3,>0= > .> Mymensin+h :,>02,;8< 8=,;00 > == (arid,ur 0,<<<,<>2 .,2:2 > >8 9akar+an$ 2,83=,>.> 0<3 > >.

Chitta+on+ Division <,3;;,<=> 03.,0=< 0 <8 Ti,,era 2,<:>,.2= .,803 > >3 Noakhali 0,0.;,3>0 23 Chitta+on+ 0,.82,0=: :,23< > 0= Chitta+on+ Hill Tracts 03;,>82 022,2=0 =3 3; 6NITED !#'4INCE&9 ritish Territory88,>0>,:.;0<=,300 > 82A+ra !rovince3>,=>:,.3;0<=,033 > ;.Meerut Division 8,;.:,38. ;> Dehra Dun 0::,033 &aharan,ur .,.;=,:32 MuDaffarna+ar .,>8:,;8= Meerut .,<=:,8<0 9ulandshahar .,2.;,002 ;> A+ra Division8,20:,;:< ;= Ali+arh.,2;0,:3. . Muttra<>:,==0 A+ra.,0<=,;;3 Etah=<3,;:> ;< > >.#ohilkhand Division:,.=8,==: 8; 9areilly.,.;:,.=; 0< 9i$nor =.>,002 .. 9udaun.,.:0,200 Moradabad.,3;2,.8. .; &hah$ahan,ur=<2,2<8 . !ilibhit3=>,;.< Allahabad Division:,>.3,<.2 .=,.2= > 20(arrukhabad=88,2;; 3; Etawah<<2,0:3 .32 > >0 Cawn,ore.,88:,03; .,><2 > ;>(ateh,ur<>:,=33 03. > >2Allahabad.,<.0,=<. .;,:08 > =;Chansi Division0,882,3=0 0:,32= . >3Chansi;;2,>>0 .0,3=3 . >:Calaun3<0,2<3 :,2:. . 2.Hamir,ur8;8,82< ;,8<3 . 20 9anda;00,8:< 9enares Division8,838,08; .3.,::. 0 889enares.,0.<,:0= 0.,.80 . ;3MirDa,ur<==,=0= 32,2<2 3 <0Caun,ur.,2<;,32= 2,282 03*haDi,ur=<8,2<> 0.,:3. 0 0>9allia.,>82,<<> 80,.22 3 =8*orakh,ur Division;,=;0,.>< .>.,;3: . 0<*orakh,ur 2,=:2,8;3 ==,>;: 0 8>9asti0,.<8,:3. <2 ADam+arh.,<00,<=2 0,8<; > .31umaon Division .,8<.,0:0 Nainital 0=.,<:. 82 Almora :<;,0<: *arhwal :>0,..8 82 >. 'udh !rovince .3,..3,3;> .;< )ucknow Division :,82>,=20 ; )ucknow =3=,;0< ; 6nao =8=,830 #ae 9areli .,>:3,<>3

&ita,ur .,0=2,883 Hardoi .,02=,0;= 1heri .,>03,>08 (yDabad Division ;,8<2,82< .;. (yDabad .,2.=,308 .8; >. *onda .,;.=,:33 9ahraich .,03>,8:= &ultan,ur .,.>>,2:< .3 !artab+arh .,>3.,>03 9ara 9anki .,.:0,8>< 9ihar !rovince 9ritish Territory 2:,23>,.8. 8,>88,:3; .2 =. !atna Division ;,0:8,=8> 2>>,>>3 3 .0 !atana 0,.:0,>>< .0,;00 8= *aya 0,;;8,2:. 08<,>20 = 22 &hahabad 0,20<,8<. 0=,08> . 0: Trihut Division ..,=8=,<0; 2.,2;< 28 &aran 0,<:>,82; .<,2.3 :3 Cham,aran 0,2=;,8:= 0>,><: <2 MuDaffar,ur 2,033,:8. .,==: >8 Darbhan+a 2,38;,>;> =<0 >2 9ha+al,ur Division =,8=<,>08 .,2=2,>3. .3 38 Mon+hyr 0,8:3,833 82,30. 0 >< 9ha+al,ur 0,3><,<;= .>3,<;= 3 28

!urnea 0,2=>,.>8 .>3,<8: 3 2< &antal !ar+anas 0,023,3=; .,.0=,<<8 8> 8: Chhota Na+,ur Division ;,8.:,23= 2,20.,003 33 .= HaDariba+h .,;8.,22= 3;<,082 0; 2. #anchi .,:;8,3.2 .,.;2,.30 ;> >0 !alamau =.0,;23 202,.>: 28 3> Manbhum 0,>20,.3: :;<,.0: 22 2; &in+hbhum .,.33,;.; ::<,8=; 8< 3. CENT#A) !#'4INCE& AND 9E#A# 9ritish Territory .:,..2,8<3 0,=2;,2:3 .; 3; Central !rovinces .2,0><,;.< 0,::2,=8= 0> .: Cubbul,ore Division 2,:=.,..0 ;<=,228 0. 2= &au+or =2=,>:< <0,.>; < ;3 Cubbal,ore =.>,:>2 .::,=8< .< 22 Mandla 8>3,8<> 2>3,>== :> 0; Hosan+abad <02,8<8 .02,:0. .8 >. Nimar 8.2,0;: ..0,8;> 0. =2 Na+,ur Division 2,=03,=<8 <83,=2= 0. ;< 9etul 32<,230 .:<,00= 2< 2< Chhindwara .,>23,>3> 2=8,;<. 2< 0< Eardha 8.=,22> 8.,<3< = =< Na+,ur .,>8=,8>= ::,3;. : 0; Chanda <;2,0<3 .;0,:.> .= ;; Chattis+arh Division 8,8=0,:0. .,>.=,::8 .< 02

9handara =:2,008 ..8,.;2 .. =: 9ala+hat :23,28> .2<,:=2 0. <: #ai,ur .,8.:,:<: 0;2,0:> .; >. 9ilas,ur .,83=,8>= 0<;,:<> .< 8: Dru+ =0<,<8. .>3,<8= 0> =. 9erar !rovince 2,:>3,<:: 0;2,3>8 ; <: Amraoti =<<,803 :2,0.> : 2= Akola =>;,;30 2>,38: 2 2: 9uldana <0>,<:0 .=,<3= 0 30 ?eotmal <<;,;2< .8=,<=> .< >. A&&AM !#'4INCE 9ritish Territory .>,0>3,;22 0,3<3,==: 03 28 &urma 4alley and Hill Division 3,0.<,<;8 :<2,83: .: 0> Cachar :3.,.<. .;<,0:3 0; <> &ylhet 2,..:,:>0 :=,=>; 0 03 1hasi F Caintia Hills "9ritish % ..<,::8 .>2,8:; <; 0< Na+a Hills .<=,:3. .<3,;:: =; 32 )ushai Hills .80,;<: .3;,>30 =: 03 Assam 4alley Division 8,=.=,00< .,;8;,::3 0=,;3 *oal,ara .,>.3,0<8 02;,==2 02 3: 1amru, .,0:3,0>> .=;,=0: .8 :: Darran+ ;2:,;=. 0:>,;3< 28 2= Now+on+ ;.>,<>> .::,808 02 32 &ibsa+ar .,>;3,;3. 2:>,;:< 22 8;

)akhim,ur <=3,<30 228,02> 2; 3: *aro Hills 002,8:= .=<,3;3 << ;< &adiya (rontier Tracts :>,..< 2=,=;3 :: 3= 9ali,ara (rontier Tracts :,8.0 2,<.0 8< 83 '#I&&A !#'4INCE 9ritish Territory <,;0<,833 .,;0.,>>: .= ;0 Cuttack 0,32.,30; 88,0<> 0 0; 9alasore .,>0=,32> 0=,;8; 0 := !uri .,.>.,=2= 0=,888 0 :< &ambal,ur .,.<0,:00 020,>=8 .= ;. *an$am .,<88,0:3 322,:<; 02 2< !lains .,2=0,.<< 8=,:8< 3 0= A+ency 3:2,>;: 2;3,>0= <> ;; 1ora,ut .,.0;,<:0 =3>,:20 <2 3> &IND !#'4INCE 9ritish Territory 3,828,>>< 2:,<.= <. Dadu 2<=,2<> .83 2. Hyderabad ;8<,;3< ;:= .> 1arachi ;.2,=>> <<3 .0 )arkana 8..,0>< Nawabshah 8<3,.;< .,20: 02 &ukkur :=0,88: 8. >. Thar !arkar 8<.,>>3 22,:28 8 ;= 6,,er &ind (rontier 2>3,>23

ACME#@ME#EA#A 8<2,:=2 =.,3;0 .8 :; ANDAMAN& F NIC'9A#& Andamans 22,;:< ..,>;: 20 <> Nicobars 0.,2.: Coor+ .0,380 ..,>;: << =8 .:<,;0: .=,;02 .. := I4 &chedule .2 to *overnment of India "!rovincial )e+islative Assemblies% order, .=2: 9AC1EA#D T#I9E& !A#T I @ MAD#A& . 9a+ata 0 9ottadas @ 9odo 9hottada, Muria 9hottada and &ano 9hottada 2 9humias @ 9huri 9humia and 9odo 9humia 3 9issoy @ 9aran+i Codia, 9ennan+i Daduva, (ran+i, Hollar, Choria, 1ollai, 1onde, !aran+a, !en+a@Codia, &odo Codia and Takora 8 Dhakkada : Domb @ Andhiya Dombs, Audiniya Dombs, Chonel Dombs, Christian Dombs, Mir+ani Dombs, 'riya Dombs, !onaka Dombs, Tela+a and 6mmia ; *adabas @ 9oda *adaba, Cerlam *adana, (ran$i *adaba, Codia *adaba, 'laro *adaba, !an+i *adaba and !aran+a *adaba < *hasis @ 9oda *hasis and &an *hasis = *ondi @ Modya *ond and #a$o *ond .> *oundus @ 9ato, 9hirithya, Dudhokouria, Hato, Catako and Coria .. 1osalya *oudus @ 9osothoriya *oudus, Chitti *oudus, Dan+ayath *oudus, Doddu 1amariya, Dudu 1amaro, )adiya *oudus and !ullosoriay *oudus

.0 Ma+atha *oudus @ 9ernia *oudu, 9oodo Ma+atha, Don+ayath *oudu, )adya *oudu, !onna Ma+atha and &ana Ma+atha .2 &erithi *oudus .3 Holva .8 Cada,us .: Cata,us .; 1ammaras .< 1hattis @ 1hatti, 1ommaro and )ohara .= 1odu 0> 1ommar 0. 1onda Dhoras 00 1onda 1a,us 02 1ondareddis 03 1ondhs @ Desaya 1ondhs, Don+ria, 1ondhs, 1uttiya 1ondhs, Tikiria 1ondhs and ?enity 1ondhs 08 1otia @ 9artikar, 9entho 'riya, Dhulia or Dulia, Holva !aiko, !utiay, &anrona and &idho !aiko 0: 1oya or *ound with its sub@castes, #a$a or #asha 1oyas, )in+adhari 1oyas, 1oyas "ordinary% and 1ottu 1oyas 0; Madi+as 0< Malas or A+ency Malas or 4almikies 0= Malis @ Eorchia Malis, !aiko Malis and !edda Malis 2> Maune 2. Manna Dhora 20 Mukha, Dhora@Nooka Dhora

22 Muli or Muliya 23 Muria 28 '$ulus or Metta 1omsalies 2: 'manaito 2; !ai+ara,u 2< !alasi 2= !alli 3> !entias 3. !or$as @ 9odo, 9onda, Daruva, Didua, Codia, Mundili, !en+u !ydi and &aliya 30 #eddi or Dhoras 32 #elli or &achandi 33 #onas 38 &avaras @ 1a,u &avaras, 1hutto &avaras and Maliya &avaras !A#T II @ 9'M9A? . 9arda = *ond 0 9avacha .> 1athodi, or 1atkari .: !atelia 2 9hil .. 1onkana .; !omla 3 Chodhra .0 1oli Mahadeb .< !owara 8 Dhanka .2 Mavchi .= #athawa : Dhodia .3 Naikda or Nayak 0> Tadvi9hill ; Dubla .8 !ardhi, includin+ 0. Thakur < *amit or *amta Advichincher or 00 4alvai !hanse !ardhi 02 4arli 03 4asava

!A#T III @ 9IHA# A ,erson shall be deemed to be a member of a backwardtribe if and only if @ "a% he is resident in the !rovince and belon+s to anyof the followin+ tribes- @ . Asur .0 *ond 02 1ora 0 9an$ara .2 *orait 03 1orwa 2 9athudi .3 Ho 08 Mahli 3 9entkar .8 Caun+ 0: Mal !aharia 8 9in+hia .: 1armali 0; Munda : 9irhor .; 1haria 0< 'raon ; 9ir$ia .< 1harwar 0= !arhiya < Chero .= 1hetauri 2> &antal = Chik 9araik 0> 1hond 2. &auria !aharia .> *adaba 0. 1isan 20 &avar .. *hatwar 00 1oli 22 Tharu "b% he is resident in any of the followin+ districts or,olice stations, that is to say the districts of #anchi,&in+hbhum, HaDariba+h and the &antal !ar+anas and the ,olicestations of Arsha, 9alaram,ur, Chalda, Cai,ur, 9a+hmundi,Chandil, Icha+arh, 9arahabhum, !atamada, 9anduan andManbaDar in the district of Manbhum and belon+s to one of the followin+ tribes- @ . 9auri 3 9hum$i ; #a$war 0 9ho+ta 8 *hasi < Turi 2 9huiya : !an "c% he is resident in the Dhanbad sub@civision or anyof the followin+ ,olice stations in the Manbhum district,that is to say, !urulia, Hura, !ancha, #a+unath,ur, &anturi,Nituria, !ara, Chas, Chandan@1iari and 1ashi,ur, and belon+sto the 9humi tribe

!A#T 4I @ CENT#A) !#'4INCE& . *ond .2 9ai+a 08 1ol 0 1awar .3 1olam 0: Na+asia 2 Maria .8 9hil 0; &awara 3 Muria .: 9huinhar 0< 1orwa 8 Halba .; Dhanwar 0= Ma$hwar : !ardhan .< 9haina 2> 1haria ; 'raon .= !ar$a 2. &aunta < 9in$hwar 0> 1amar 20 1ondh = Andh 0. 9hun$ia 22 Nihal .> 9haria 9humia 00 Na+archi 23 9irhaul"or 9iror% .. 1oti 02 '$ha 28 #autia .0 9hattra 03 1orku 2: !ando !A#T 4 @ '#I&&A A ,erson shall be deemed to be a member of backward tribe ifand only if @ "a% he is resident in the !rovince and belon+s to anyof the followin+ tribes- @ . 9a+ata < 1onda@Dora .8 Munda 0 9an$ari = 1oya .: 9an$ara 2 Chenchu .> !aro$a .; 9in+$ia 3 *adaba .. &aora "&avar% .< 1isan 8 *ond .0 'raon .= 1oli : Cata,u .2 &antal 0> 1ora ; 1honda "1ond% .3 1haria

"b% he is resident in any of the followin+ areas, thatis to say, the 1ora,ut and 1hondmals districts and the*an$am A+ency and belon+s to either of the followin+tribes- @ . Dom or Dombo 0 !an or !ano "c% he is resident in the &ambal,ur district andbelon+s to any of the followin+ tribes- @ . 9auri 2 9humi$ 8 Turi 0 9huiya 3 *hasi : !an or!ano 5AnneIure 4I7 A!!ENDIT D &tatutory #ecommendations !A#T I A The !rovincial *overnment may at any time bynotification a,,ly the ,rovisions of !art II of this Cha,teror of any of its sections to such areas as may be s,ecifiedin the notification, bein+ areas in habited by any of thetribes named in &chedule A "and hereinafter referred to asHthe tribesH% 9 ".% The number of re,resentatives of the tribes inthe !rovincial )e+islature shall not be less in ,ro,ortionto the total number of re,resentatives than the ,o,ulationof the tribes in the !rovince bears to its total ,o,ulation "0% In the (ederal )e+islature "House of the !eo,le%there shall be such number of re,resentatives of the tribesof each !rovince as may be in accordance with the total,o,ulation of the tribes in that !rovince on the scale,rescribed in &ection C The election of the re,resentatives of the tribes tothe !rovincial )e+islature shall be by universal adultfranchise !A#T II D As from the commencement of this Constitution the,rovisions of this !art shall a,,ly to the areas s,ecifiedin &chedule 9 to this Cha,ter "and hereinafter referred toas Hthe &cheduled AreasH% E ".% The !rovincial *overnment may, if so advised bythe Tribes Advisory Council, by notification direct that anylaw ,assed by the )e+islature shall not

a,,ly to a &cheduledArea or shall a,,ly with such modifications as it may,rescribe!rovided that the !rovincial *overnment shall, if soadvised by the Tribes Advisory Council, direct that any law,assed by the !rovincial le+islature in res,ect of thefollowin+ sub$ects, that is to say, "i% all social mattersincludin+ inheritance of ,ro,erty/ "ii% occu,ation of land"not bein+ forest reserved under the ,rovisions of theIndian (orest Act or other law a,,licable% includin+ tenancylaws, allotment of land, reservation of land for any,ur,ose/ "iii% villa+e mana+ement, includin+ theestablishment of villa+e ,anchayats, shall not a,,ly to a&cheduled Area or shall a,,ly with such modifications as itmay ,rescribe with the concurrence of the said Council "0% The !rovincial *overnment may, in consultation withthe Tribes Advisory Council, make s,ecial re+ulations for a&cheduled Area on any matter not ,rovided for by a law inforce in the Area ( 4acant land in a &cheduled Area which is the,ro,erty of the &tate shall not be allotted to a non@tribaleIce,t in accordance with rules made by the !rovincial*overnment in consultation with the Tribes Advisory Council * ".% The !rovincial *overnment may, and if so advisedby the Tribes Advisory Council shall, direct that no ,ersonshall carry on business in a &cheduled Area as a moneylendereIce,t under and in accordance with the conditions of alicence issued by it or by an officer authorised by it inthis behalf "0% Any contravention of an order issued by the!rovincial *overnment under sub@ section ".% of this &ectionshall be an offence H The revenue and eI,enditure ,ertainin+ to a&cheduled Area which is credited to or met from the funds of the !rovincial *overnment shall be shown se,arately in theannual financial statement of the !rovincial *overnment I There shall be ,aid out of the revenues of the(ederation such ca,ital and recurrin+ sums as may benecessary to enable the !rovincial *overnment to meet thecost of such schemes of develo,ment as may be undertakenwith the a,,roval of the (ederal *overnment for the ,ur,oseof raisin+ the level of administration of the &cheduledAreas and all round develo,ment of the tribes to that of therest of the ,rovince CONSTITUENT ASSEMBLY OF INDIA - VOLUME VII Thursday, the 4th Nove !er "#4$

C ".% There shall be established as soon as may beafter the commencement of this Constitution in the !rovincesof Madras, 9ombay, Eest 9en+al, 9ihar, C ! and 9erar and'rissa, a Tribes Advisory Council to ,erform such functionsas may be ,rescribed in this Constitution and to advise the!rovincial *overnment from time to time on all matters,ertainin+ to the administration and welfare of the tribesand of the &cheduled Areas "0% The Tribes Advisory Council shall consist of notless than ten and not more than twenty@five members of whomthree@fourths shall be elected re,resentatives of the tribesin the !rovincial )e+islature ")ower House% "2% The !rovincial *overnment may make rules,rescribin+ or re+ulatin+ as the case may be- @ "a% the number of members of the Council, the mode of a,,ointment of the members and of the Chairman or other office@bearers/ "b% the conduct of meetin+s and ,rocedure in +eneral/ "c% relations with officials and local bodies/ "d% all other incidental matters 1 ".% The (ederal *overnment may, at any time, andshall after the eI,iry of ten years from the commencement ofthis Constitution, institute a Commission to re,ort on theadministration of the tribes and the &cheduled Areas in+eneral "0% The (ederal *overnment may at any time reJuire the!rovincial *overnment to draw u, and eIecute such schemes asit considers essential for the welfare of the tribes ) In the !rovinces of 9ihar, the Central !rovinces and9erar and 'rissa there shall be a se,arate Minister forTribal Eelfare!rovided that the Minister may hold char+esimultaneously of welfare work ,ertainin+ to &cheduledCastes or other backward classes or any other work M Notwithstandin+ anythin+ in the Criminal !rocedureCode .<=<, or the Civil !rocedure Code "Act 4 of .=><%, the!rovincial *overnment may make s,ecial re+ulations for a&cheduled Area for the trial of offences other than those,unishable with im,risonment for five years or more or withdeath or trans,ortation for life and of dis,utes other thanthose arisin+ out of s,ecial laws res,ectively and mayem,ower headmen or ,anchayats to try such cases 5AnneIure IT7

A!!ENDIT D &chedule A !A#T I @ MAD#A& . 9a+ata 0 9ottadas @ 9odo 9hottada, Muria 9hottada and &ano 9hottada 2 9humias @ 9huri 9humia and 9odo 9humia 3 9issoy @ 9haran+i Codia, 9ennan+i Daduva, (ran+i, Hollar, Choria, 1ollai, 1onde, !aran+a, !en+a Codia, &odo Codia and Takora 8 Dhakkada : Domb @ Andhiya Dembs, Audiniya Dombs, Chonel Dombs, Christian Dombs, Min+ani Dombs, 'riya Dombs, !onaka Dombs, Tela+ and 6mmia ; *adabas @ 9oda *adaba, Cerlam *adaba, (an$i *adaba, Codia *adaba, 'laro *adaba, !an+i *adaba and !aran+a *adaba < *hasis @ 9oda *hasis and &an *hasis = *ondi @ Modya *ond and #a$o *ond .> *oundus @ 9ato, 9hirithya, Dudhokouria, Hato, Catako and Coria .. 1osalya *oudus @ 9osothoriya *oudus, Chitti *oudus, Dan+ayath *oudus, Doddu 1amariya, Dudu 1amaro, )adiya *oudus and !ullosoriay *oudus .0 Ma+atha *oudus @ 9ernia *oudu, 9oodo Ma+atha, Don+ayath *oudu )adya *oudu, !onna Ma+atha and &ana Ma+atha .2 &erithi *oudus .3 Holva .8 Cada,us .: Cataus .; 1ammaras .< 1hattis @ 1hatti, 1ammaro and )ohara

.= 1odu 0> 1ommar 0. 1onda Dhoras 00 1onda 1a,us 02 1ondareddis 03 1ondhs @ Desaya 1ondhs, Don+ria 1ondhs, 1uttiya 1ondhs, Tikiria 1ondhs and ?enity 1ondhs 08 1otia @ 9artikar, 9entho 'riya, Dhulia or Dulia, Holva !aiko, !utiay, &anrona and &idho !aiko 0: 1oya or *ound with its sub@sects, #a$a of #asha 1oyas, )in+adhari 1oyas, 1oyas "ordinary% and 1ottu 1oyas 0; Madi+as 0< Malas or A+ency Malas or 4almikies 0= Malis @ Eorchia Malis, !aiko Malis and !edda Malis 2> Maune 2. Manna Dhora 20 Mukha Dhora @ Nooka Dhora 22 Muli or Muliya 23 Muria 28 '$ulus or Metta 1omsalies 2: 'manaito 2; !ai+ara,u 2< !alasi 2= !ali 3>

!entias 3. !or$as @ 9odo 9onda, Daruva, Didua, Codia, Mundili, !en+u !ydi and &aliya 30 #eddi or Dhoras 32 #elli or &achandi 33 #onas 38 &avaras @ 1a,u &avaras, 1hutto &avaras and Maliya &avaras 3: The inhabitants of the )accadive, Minicoy and Amindivi Islands !A#T II @ 9'M9A? . 9arda = *ond .: !atelia 0 9avacha .> 1athodi or katkari .; !omla 2 9hil .. 1onkna .< !owara 3 Chodhra .0 1oli Mahadeb .= #athawa 8 Dhanka .2 Mavchi 0> Tadvi9hill : Dhodia .3 Naikda or Nayak 0. Thakur ; Dublia .8 !ardhi, includin+ 00 4alvai < *amit or *amta Advichincher or 02 4arli !hanse !ardhi 03 4asava !A#T III @ 9IHA# "a% A resident of the ,rovince belon+in+ to any of thefollowin+ tribes- @ . Asur .0 *ond 02 1ora 0 9a$ra .2 *orait 03 1orwa 2 9athudi .3 Ho 08 Mahli 3 9entkar .8 Cuan+ 0: Mal!aharia 8 9in$hia .: 1armali 0; Munda

: 9irhor .; 1haria 0< 'raon ; 9ir$ia .< kharwar 0= !arhiya < Chero .= 1hetauri 2> &antal = Chik 9araik 0> 1hond 2. &auria!aharia .> *adaba 0. 1isan 20 &avar .. *hatwar 00 1oli 22 Tharu "b% a resident in any of the followin+ districts or,olice stations, that is to say, the districts of #anchi,&in+hbhum, HaDariba+h and the &antal !ar+anas, and the,olice stations of Arsha, 9alaram,ur, Chalda, Cai,ur,9a+hmundi, Chandil, Icha+arh, 9arahabhum, !atamda 9anduanand Man@baDar in the district of Manbhum, belon+in+ to anyof the followin+ tribes- @ . 9auri 3 9humi$ ; #a$war 0 9ha+ta 8 *hasi < Turi 2 9huiya : !an "c% a resident in the Dhanbad &ub@Division or any of the followin+ ,olice stations in the Manbhum District, thatis to say, !urulia, Hura, !ancha, #a+hunath,ur, &anturi,Nituria, !ara, Chas, Chandan@1iari and 1hasi,ur belon+in+ tothe 9humi$ tribe !A#T I4 @ CENT#A) !#'4INCE& . *ond .2 9ai+a 08 1ol 0 1awar .3 1olan 0: Na+asia 2 Maria .8 9hil 0; &awara 3 Muria .: 9huinhar 0< 1orwa 8 Halba .; Dhanwar 0= Ma$hwar : !ardhan .< 9haina 2> 1haria ; 'raon .= !ar$a 2. &aunta < 9im$hwar 0> 1amar 20 1ondh

= Andh 0. 9hun$ia 22 Nihal .> 9haria@9humia 00 Na+archi 23 9irhaul"or 9irhor % .. 1oti 02 '$ha 28 #autia .0 9hattra 03 1orku 2: !ando !A#T 4 @ '#I&&A "a% A resident of the ,rovince belon+in+ to any of thefollowin+ tribes- @ . 9a+ata < 1onda@Dora .8 Munda 0 9an$ari = 1oya .: 9an$ara 2 Chenchu .> !aro$a .; 9in$hia 3 *adaba .. &aora "&avar% .< 1isan 8 *ond .0 'raon .= 1oli : Cata,u .2 &antal 0> 1ora ; 1hand "1ond% .3 1haria "b% a resident of any of the followin+ areas, that isto say, the 1ora,ut and 1hondmals Districts and the *an$amA+ency belon+in+ to either of the followin+ tribes- @ . Dom or Dombo 0 !an or !ano "c% a resident of the &ambal,ur District belon+in+ toany of the followin+ tribes- @ . 9auri 2 9humi$ 8 Turi 0 9huiya 3 *hasi : !an or!ano !A#T 4I @ 9EN*A) . 9otia ; Mro 0 Chakma < 'raon 2 1uki = &antal 3 )e,cha .> Ti,,era

8 Munda .. Any other tribe notified by the : Ma+h !rovincial *ovt !A#T 4II @ 6NITED !#'4INCE& . 9huinya : 1ol 0 9aiswar ; '$ha 2 9ai+a < Any other tribe notified by the 3 *ond !rovincial *ovt 8 1harwar &chedule 9 MAD#A& The )accadive Islands "includin+ Minicoy% and theAmindivi Islands The East *odavari A+ency and so much of the 4iDa+a,atamA+ency as is not transferred to 'rissa under the ,rovisionsof the *overnment of India "Constitution of 'rissa% 'rder,.=2: 9EN*A) The Chitta+on+ Hill Tracts 9'M9A? In the Eest 1handesh District- @ The Nava,ur !etha, theAkrani Mahal and the villa+es belon+in+ to the followin+Mehwassi Chiefs- ".% the !arvi of kathi, "0% the !arvi ofNal, "2% the !arvi of &in+,ur, "3% the Ealwi of *aohali, "8%the Eassawa of Chikhli and ":% the !arvi of Naval,ur In the East 1handesh District- @ The &at,ura Hills#eserved (orest Areas In the Nasik District- @ The 1alvan Taluk and !eint!eth In the Thana District- @ The Dahanu and &hah,ur Talukasand Mokhala and 6mber+aon !ethas

9IHA# The #anchi and &in+hbhum districts and the )atehar &ub@division of the !alamau district of the Chota Na+,urDivision The &antal !ara+anas District, eIcludin+ the *odda andDeo+arh sub@divisions THE CENT#A) !#'4INCE& AND 9E#A# In the Chanda District, the Ahiri Bamindari in the&ironcha Tahsil and the Dhanora, Dudmala, *ewardha,Chara,a,ra, 1hut+aon, 1ot+al, Muram+aon, !alas+arh, #an+i,&irsundi, &onsari, Chandala, *il+aon, !ai@Muranda and!ote+aon Bamindaris in the *archiroli Tahsil The Harrai, *orak+hat, *or,ani, 9atka+arh, 9arda+arh,!artab+arh "!a+ara%, Almod and &on,ur Ca+irs of theChhindwara District, and the ,ortion of the !achmarhi $a+irin the Chhindwara District The Mandla District The !endra, 1endra, Matin, )a,ha, 6,rora, Chhuri and1orba Bamindaris of the 9ilas,ur District The Aundhi, 1oracha, !anabaras and Amba+arh ChaukiBamindaris of the Dru+ District The 9aihar Tahsil of the 9ala+hat District The Mel+hat Taluk of the Amraoti District The 9hainsdehi Tahsil of the 9etul District '#I&&A The *an$am A+ency Tracts includin+ 1hondmals The 1ora,ut District MIN6TE '( DI&&ENT &cheduled Areas I re+ret I must submit a minute of dissent in re+ard tothe H&cheduled areasH for the Chhota Na+,ur !lateau Icannot a+ree to the elimination of the Districts of Manbhum,HaDariba+h and !alamau which, even accordin+ to theunreliable .=3. Census, contain :;<, .0:, 3;<, 082 and 202,.>: Adibasis res,ectively, that is, a

total of .,3;=,3<8Adibasis for the three Districts I cannot see how I cana+ree to the demolition of the economic, +eo+ra,hical andethnic unity and entity of the Chhota Na+,ur Division It isnot ri+ht that we should +ive an eI ,arte verdict and chan+ethe status Juo of these three Districts CAI!A) &IN*H The .=th Au+ust .=3; 5AnneIure 4III7 A!!ENDIT D INTE#IM #E!'#T '( THE ETC)6DED AND !A#TIA))? ETC)6DED A#EA& "'THE# THAN A&&AM% &69@C'MMITTEE &ummary of #ecommendations . Tribes who live in the non@eIcluded areas are ,artof the ,roblem and the tribes as a whole should be treatedas a minority Tribals should have reserved seats in a $ointelectorate based on adult franchise in ,ro,ortion to their,o,ulation 'ne re,resentative each is recommended for the)accadive, Amindivi and Minicoy islands res,ectively in theMadras )e+islature and one for the )ahaul and &,iti EaDirisin the East !un$ab )e+islature 5!ara N= and &ections A and9 ".% of A,,endiI C7 0 It will be necessary to ,rovide for the eIclusion ofunsuitable le+islation in such matters as land, villa+emana+ement and social customs in certain areas inhabited,redominantly or to an a,,reciable eItent by tribals Theseareas will be known as &cheduled Areas "!ara N.>% 2 )e+islation in such matters as land and socialcustoms should not be a,,lied to &cheduled Areas if theTribes Advisory Council advises to the contrary "!aras N..and .0 and &ection E of A,,endiI C% 3 &im,lified ,rocedure should be continued for thedis,osal of ,etty criminal and civil cases "!ara N.2 and&ection M% 8 &eats should be reserved in the (ederal )e+islatureon the basis of the tribal ,o,ulation of the ,rovince ATribal Advisory Council should be set u, with a minimum often and a maIimum of 08 members in Madras, 9ombay, 9en+al,9ihar, C ! and 'rissa "!ara N.8 and &ection C of A,,endiIC% : There should be ,rovision for the (ederal *overnmentto institute a s,ecial commission to enJuire into the,ro+ress of ,lans of develo,ment and also into

theconditions of the &cheduled Areas and tribals in +eneral5!ara N.: and &ection 1 ".% of A,,endiI C7 ; It will be necessary for the Central *overnment tocome to the assistance of !rovincial *overnments for theeIecution of schemes of develo,ment by ,rovidin+ thenecessary funds The Central *overnment should also be in a,osition to reJuire the !rovincial *overnments to draw u,schemes for the &cheduled Areas "!ara N.; and &ections Iand 1 "0% of A,,endiI C% < The revenues derived from and the eI,enses incurredon the &chedule Areas from the ,rovincial bud+et should beshown se,arately in the annual financial statement of the,rovince "!ara N.< and &ection H of A,,endiI C% = It should be the *overnorKs res,onsibility to seethat schemes of develo,ment are drawn u, and im,lemented "!ara N.=% .> There should be a se,arate Minister for TribalEelfare in C ! 'rissa and 9ihar, and ,rovision for thisshould be contained in the statute "!ara N0> and &ection )of A,,endiI C% .. There should be a due ,ro,ortion of abori+inalsrecruited into the various *overnment &ervices A se,arateservice is not recommended but non@tribal officials ,ostedto the &cheduled Areas should be selected with care "!ara N0.% .0 Tribal ,anchayats should be encoura+ed wherever,ossible "!ara N00% .2 &hiftin+ cultivation should be discoura+ed "!ara N02% .3 Tem,erance ,ro,a+anda should be carried on as ,artof tribal welfare work "!ara N03% @@@@@@@@@@@@@@@@@@@@@ N #eferences to ,aras , sections and a,,endices are to,aras , sections and a,,endice in the or+inal re,orts .8 The alienation of land belon+in+ to tribals to non@tribals should be ,rohibited Allotment of new land in&cheduled Areas should not be made to non@abori+inals eIce,tin eIce,tional cases "!ara N08 and &ection ( of A,,endiIC% .: There should be ,rovision for control of money@lenders by a system of licensin+ "!ara N0: and &ection * of a,,endiI C% &ambal,ur, An+ul and Dar$eelin+ and certain areas in9ombay need not be treated as &cheduled Areas In 9ihar thethree districts of #anchi, &in+hbhum, and &antal

!ar+anasonly where the tribes are in a ma$ority are included in the&chedule ,rovisionally The 6 ! and !un$ab areas are notincluded "!ara N0; and &chedule 9 of A,,endiI C% 5AnneIure 4II7 A!!ENDIT D (INA) #E!'#T To THE CHAI#MAN, AD4I&'#? C'MMITTEE 'N MIN'#ITIE&, ETC DEA# &I#, This is our final re,ort written after our visit to 9ihar and the 6nited !rovinces It relates to the ,artially eIcluded areas of these ,rovinces and the eIcluded areas of the !un$ab in res,ect of all of which the recommendations contained in our interim re,ort were ,rovisional Certain +eneral recommendations have also been added 0 Eith reference to 9ihar we confirm the constitutional ,ro,osals already made by us in to to 9IHA# Ee consider it necessary in addition to refer tocertain matters connected with the administration of this,the lar+est com,act block of territory com,risin+ anyeIcluded area in India, which came to our notice durin+ ourtour To be+in with, the Christian section of the tribals,thou+h small in number "see statement a,,ended%, iseducationally and economically far in advance of the non@Christian tribals The demand for education amon+ the non@Christians is said to be ne+li+ible and this ,resumably isthe result of their economic backwardness which makes itnecessary that children should assist their ,arents inearnin+ their livelihood There are however alle+ations thatthe Christian teachers and educational officials encoura+eonly Christian children, and as a +ood number of the schoolsare run by Christian Missions, the non@Christians lackfacilities for education The Christians a+ain a,,ear to bemuch better or+anised and vocal and they are found to take,rominent ,art in local and ,olitical or+anisations Theother strikin+ feature of this area is the feelin+ commonamon+ educated tribals and shared by non@tribals inconsiderable measure that Chhota Na+,ur has little share inthe administration commensurate with its area, ,o,ulationand industrial im,ortance and is bein+ ne+lected by the*overnment which is made u, of elements interested mostly inthe

rest of 9ihar Certain non@abori+inal witnesses haveeI,ressed their views of the ne+lect of Chota Na+,ur in nouncertain terms and su++ested that the ameliorative measuresclaimed by the *overnment are ,urely defensive action,rom,ted by the se,aration N #eferences to ,aras , sections and a,,endices are to,aras , sections and a,,endices in the ori+inal re,orts movement Even when the *overnment is su,,osed to beresident at #anchi, it is +iven as concrete ,roof of theirlack of interest that they are mostly absent on tour inareas other than Chhota Na+,ur in which they are interested Dr &inha has also stated that the ,resent *overnment hasyet to do somethin+ Hto ca,ture the ima+ination of the,eo,leH and that under the ,resent ,ractice Hthe HonourableMinisters stay for a very short ,eriod at #anchi @ at theirown will and convenience @ and do not usually visit so muchthe abori+inal areas as they do those of the other threedivisions of 9iharH Ee have referred to these statementsnot because we are in a+reement with them or with a view toad$udicatin+ on them but ,urely as indicative of the localatmos,here Dr &inha has referred to the absence of theabori+inal element in the Ministry and has recommendedreconstitution The eItreme eI,ression of the discontent ,revalent inChhota Na+,ur is the se,aratist movement which demands theformation of a new ,rovince of Charkhand out of the,artially eIcluded area This movement is s,onsored at,resent by the Adibasi Mahasabha containin+ a very lar+eadvanced or Christian element but in &in+hbhum and in the&antal !ar+anas also, a +ood ,ro,ortion of non@ Christiansseem to have been affected by it To borrow Dr &inhaKswords it is Hca,turin+ the ima+inationH of the tribals 6nmistakably also the movement is +ainin+ sym,athy amon+ thenon@abori+inals/ and even if it be ,arty due to mere localambition, the virtual eIclusion of tribal elements from theCabinet has undoubtedly contributed much to it Ee havealready held in our interim re,ort that the Juestion of theformation of a se,arate ,rovince is not for us to tackle butwe would invite the attention of the !rovincial and Central*overnment to the se,aration movement, which seems to be+ainin+ stren+th, as a sym,tom of the discontent which issimmerin+ in varyin+ intensity amon+ all sections of theChota Na+,ur ,o,ulation At the same time we have noticedthat the Cabinet of the 9ihar *overnment and such an eminent,ublic man as Dr & &inha o,,ose the se,aration movement onthe +rounds very well shown in the brochure of Dr &inha Eehave also received a number of tele+rams from these areassayin+ that they thorou+hly disa,,rove of the se,aratistmovement Ee are inclined to the view which seems to be shared byDr &inha also, that there should be adeJuate association of the ,eo,le of the ,artially eIcluded areas, ,articularly thetribals, in the different branches of the administrationincludin+ the Cabinet and that there can be neithersatisfaction nor adeJuate ,ro+ress until this is

done Inshort, the ,roblem of administration in this tract must bedealt with not only by economic and educational im,rovementsbut also by remedies which reco+nise its ,olitical and,sycholo+ical as,ects/ and we would lay the maIimum em,hasison the ur+ency of action in both these directions 6NITED !#'4INCE& 2 As re+ards the ,artially eIcluded areas of the 6nited!rovinces viD , the Caunsar@ 9awar !ar+ana in the Dehra DunDistrict and the area com,risin+ the Dudhi Tahsil and ,artof the #oberts+an$ Tahsil of the MirDa,ur District, we findthat both of these com,aratively small areas are sufferin+from serious ne+lect Althou+h a committee was set u, asearly as .=2= to enJuire into the administration of theCaunsar@9awar !ar+ana and a re,ort was submitted by it in.=3., it is a matter for re+ret that no action has yet been,ossible althou+h the re,ort was ultimately made only by theofficial members of the Committee Ee understand thatanother committee has been a,,ointed recently this year to+o into the matter by the !rovincial *overnment and ho,ethat s,eedyaction will be taken on its re,ort The main matters whichreJuire attention in this area are as follows- @ ".% the fiIation and collection of land revenue and distribution of Hri+hts timberH throu+h the a+ency of the &ayanas as well as the ,osition of the &ayana in the villa+e ,anchayat which +ives rise to a +reat deal of o,,ression "0% survey resettlement of the area and removal of restrictions on the ,ossession of land and reclamation of waste land by 1oltas "local de,ressed castes of Hindus% "2% the elimination of social evils like ,olyandry and venereal disease In the ,artially eIcluded area of the MirDa,ur Districtwhich is inhabited by a ma$ority of tribals we find that theadministration is of a ,retty ,rimitive character Thefi+ures +iven in the 6 ! *overnmentKs factual memorandumfor the Dudhi *overnment Estate which are shown belowindicate that the revenue from it is not utilised to theeItent of even two@fifths of the administration of thearea- @ .=33@38 .,:3,32> <2,30. .=38@3: 0,=:,>>0 <<,>>0 .=3:@3; 0,23,;=; <=,<83 Total :,=8,00= 0,:.,00; i e- 2; : ,ercent of the income

Ee would draw ,articular attention to the statement ofwitnesses that a very lar+e ,ercenta+e of the ,o,ulation ofthis area is sufferin+ from venereal disease In the DudhiEstate the 6 ! *overnment have themselves noted that thereis a ,assa+e of land from the hands of the abori+inals tothe non@abori+inals It would a,,ear that the rules of theDudhi Estate are ineffective in ,reventin+ this since landcan be surrendered to the &u,urdar who re@allots the same toanother ,erson, most ,robably a non@abori+inal &uch atransfer unfortunately does not reJuire the a,,roval of the& D ' or the Collector It does not a,,ear that suitableste,s have been taken to ,ut a sto, to this Amon+ othercom,laints are the workin+ of this mono,oly under which onlyabout one@seventh, or if we allow for overhead and workin+char+es, not more than one@fourth, of the ,rice realised bythe com,any for the sale of the lac is obtained by theabori+inal cultivator tends to kee, the abori+inal in amiserable condition It does not a,,ear to us that the*overnment have any com,rehensive or fully considered,ro+ramme for this area as yet The ,o,ulation of this tract is very small ".G2 ,ercent % in com,arison with the total ,o,ulation of the 6nited!rovinces Ee would not on that account recommend for itsfuture administration the ,ro,osals which we haverecommended for some of the backward tracts of other,rovinces, butwe are eJually definite that s,ecial ,rovisions for itsdevelo,ment are essential, as without them it is certainthat due attention will not be ,aid to its needs &imilarlyalthou+h the inhabitants of the Caunsar@9awar Area, as,ointed out in our interim re,ort, are not tribals by raceand we do not recommend inclusion in the schedule of ourInterim #e,ort s,ecial ,rovisions are necessary for thisarea also Ee recommend therefore constitutional ,rovisionsfor both of these tracts as follows- @ ".% there should be an advisory committee consistin+ of tribes or backward ,eo,le to the eItent of not less than two@thirds of its membershi, to advise the *overnment on the develo,ment of the area "0% the estimated revenue and eI,enditure "includin+ develo,ment schemes% ,ertainin+ to the area should be shown se,arately in the ,rovincial bud+et/ "2% althou+h +eneral administration of the ty,e in force in other districts may be a,,lied to the tract, the trial of ,etty civil and criminal cases should be ,ermissible under s,ecial re+ulations/ "3% there should be ,rovision in the Constitution ,rohibitin+ the transfer of land from abori+inals to non@abori+inals eIce,t with the sanction of an authorised officer/ "8% the ,owers of &u,urdars in the Dudhi area of MirDa,ur District to allot waste lands and acce,t surrender of land should be withdrawn and in Caunsar@9awar the system of &ayanas should be abolished and the &ayanas re,laced by *overnment em,loyees/

":% the 6 ! *overnment should re,ort to the Central *overnment annually or as may be reJuired by the Central *overnment re+ardin+ the administration of this area and abide by its directive/ ";% there shall be one seat reserved in the !rovincial Assembly for a tribal from the area of the MirDa,ur District which is now ,artially eIcluded EA&T !6NCA9 3 The disturbed conditions in the East !un$ab have,revented the a,,earance of witnesses from &,iti and )ahoulbefore us and it is eJually not ,ossible for us to visit thearea It is unlikely that settled conditions will ,revail inthe !un$ab before the ,asses are blocked and we do not,ro,ose therefore to ,ost,one our recommendations which willnow be based on the factual memorandum sent by the!rovincial *overnment Ee consider that constitutional ,rovisions should bemade as follows- @ "a% An Advisory Committee of which at least 0G2 shall be local residents shall be set u, to advise the !rovincial *overnment re+ardin+ the administration of )ahoul and &,iti "b% The !rovincial *overnment may declare any law ,assed by the (ederal or !rovincial )e+islature as not a,,licable to the tracts or a,,licable with s,ecified modifications "c% The !rovincial *overnment may make s,ecial re+ulations for the administration of criminal and civil law and the ,rotection or ri+hts of local Tibetan inhabitants in land "d% The !rovincial *overnment shall re,ort to the Central *overnment annually or as may be reJuired by the Central *overnment re+ardin+ the administration of this area and abide by its directive "e% Ee confirm the recommendation made in ,ara+ra,h = of the Interim #e,ort that there should be a re,resentative for )ahoul and &,iti in the !rovincial )e+islature 8 A Central De,artment @ After surveyin+ the ,ositionin all the ,rovinces, we have been forced to the conclusionthat unless there is a se,arate de,artment of the (ederal*overnment ,rescribed by &tatute to su,ervise and which thedevelo,ment of the scheduled areas and the tribals in thedifferent ,rovinces and to furnish such advice and +uidanceas may be needed, the ,ace of ,ro+ress of the tribes willnot be

sufficiently swift The Central *overnment havealready reco+nised the need for a Directorate of anthro,olo+ical &urvey and we recommend that ,rovision for aCentral De,artment of Tribal Eelfare should be made in theConstitution : #ecruitment to Armed (orces @ Ee are also of theview that s,ecial attention should be ,aid to therecruitment of the tribes to the armed forces of India Thetribes ,eo,le can in our o,inion furnish valuable materialfor this ,ur,ose as eI,erience in the last war +oes to show ; 4illa+e and Tribal Headmen @ Durin+ the course ofour enJuiry many com,laints of o,,ression and mishandlin+ of the tribes ,eo,le by the hereditary chiefs or heads ofvilla+es like the Mustadars 9issois and !aros and Muthadarsof &outh 'rissa, the !ar+anaits and !radhans of the &antal!ar+anas and the Mankis and Mundas of &in+hbhum have reachedus Ee are of the view that a +eneral review of the ,owersand functions of such villa+e or tribal heads should beundertaken by !rovincial *overnments with a view to removin+the +rievances of the tribal villa+ers, the abolition of,owers which are eIercised in an o,,ressive manner and the+eneral reform of these ancient systems < Non@official welfare or+anisations @ Ee recommendthat the !rovincial *overnments should utilise the servicesof a,,roved non@official or+anisations which are at ,resentdoin+ welfare work in the ,rovinces for the tribals or whichmay hereafter come into eIistence by +ivin+ them +rants@in@aid with a view to su,,lementin+ the volume of develo,mentwork = 'fficials to learn tribal lan+ua+es @ Ee have foundthat officials ,osted to abori+inal areas rarely know thelocal lan+ua+e This obviously does not conduce tosatisfactory administration and we are of the view that itshould be made com,ulsory for officials ,osted to theabori+inal areas to obtain a workin+ knowled+e of thelan+ua+e within a reasonable ,eriod !roficiency in theselan+ua+es or dialects should be encoura+ed by the +rant ofsuitable awards ?ours truly, A 4 THA11A#, Chairman, EIcluded F !artially EIcluded Areas "other than Assam% &ub-Committee Members @ #AC 1#6&HNA 9'&E

!H6) 9HAN &HAH "&ub$ect to Minute of Dissent% CAI!A) &IN*H The ,ercenta+e of Tribal ,o,ulation on to the total,o,ulation in : Districts of 9ihar and of the Christian,o,ulation to that of the Tribal ,o,ulation Name of District Total !o,ulation Tribal !o,ulation!ercenta+eChristian Tribal !o,ulation !ercenta+e. &anthal !ar+anas00, 23,8>>..,0=,<<88> 802,0>80 >80 HaDariba+h.;,8.,2>> 3,;<,0820; < 0,8=2832 #anchi.:,;8,3>>..,;2,.30;> >0,<8,0>>3 2.3 !alamau =, .0,;>> 2,02,.>:28 3.>,;<:2 238 Manbhum0>,20,.>> :,;<,.0:22 2 .,283> =: &in+hbhum..,33,;>> :,:<,8=; 8< 3.;,;;80 :8 Total =;,8>,;>>33,8.,.>=38 :82,3>,=.2; ::MIN6TE '( DI&&ENTI submitted a dissentin+ minute a+ainst the ,rovisionalre,ort which had included recommendations for those tribalareas also which had then not been visited After the visitof the &ub@Committee to these areas, I am more thanconfirmed in my o,inion that all the siI districts of theChhota Na+,ur !lateau, namely, Manbhum, &in+hbhum, !alamau,HaDariba+h, #anchi and the &anthal !ar+anas, should remainH&cheduled AreasH All the witnesses were em,hatic that theChhota Na+,ur Division as a whole should be scheduled and nodistrict or territory should be eIcluded from the scheduledstatus Even Dr &achchidananda &inha, whose Memorandum hasreceived such attention from the other members of the &ub@ Committee, has admitted that for administrative reasons allthe siI districts should be scheduled I have other reasonsalso for the same insistence but the most vital one is thenecessity of ,rotectin+ .,3;=,3<8 Adibasis of the districtsof Manbhum, HaDariba+h and !alamau with the veto of theTribes Advisory Council This .=3. Census fi+ure is lar+eenou+h to $ustify the claim that .8 lakhs of Adibasis shouldnot be eI,osed to the dan+ers of *eneral Administration !artially EIcluded Areas in MirDa,ur District @ Thetribal tract in MirDa,ur district should be transferred tothe &cheduled Area of the Chhota Na+,ur !lateau Administratively as well as +eo+ra,hically, the 9ihar*overnment would be in a better ,osition to mana+e this far@off corner of the 6nited !rovinces Chitta+on+ Hill Tracts @ The Indian *overnment mustclaim back the Chitta+on+ Hill Tracts The #adcliffe Awardmust be altered in re+ard to them CAI!A) &IN*H &e,t 08th, .=3; Note by Chairman on Minute of Dissent by &hri Cai,al &in+h

I do not think that any witnesses whom the CommitteeeIamined were eI,lained our ,ro,osal that was undercontem,lation by the Committee about H&chedulin+H of certainareas in some ,rovinces H&chedulin+H has a certain s,ecialmeanin+ which was not eI,lained to nor known by witnesses atall, not even to Dr &achchidananda &inha Therefore theycould not distin+uish between H&chedule and non@ scheduleHareas in which Tribes reside Therefore the statement that,all the witnesses were em,hatic that the Chhota Na+,urDivision as a whole should be scheduled and that no Districtor territory should be eIcluded from the H&cheduled &tatesHis incorrect, at any rate, very hi+hly eIa++erated The Tribal ,eo,le in Manbhum District form only 22 2,er cent of the total ,o,ulation In HaDariba+h 0; < is thesimilar ,ercenta+e The )atehar &ub@Division of the !alamauDistrict has been recommended by the &ub@Committee asH&cheduleH 9ut in the &adar &ub@Division the ,ercenta+eisonly 0: > Moreover there are very small com,act areas inthe two districts mentioned abovce and in the &adar &ub@Division of ,alamau District which have a Tribal ,o,ulationof more than 3> ,er cent of the total ,o,ulation, the tribal,eo,le have assimilated themselves with the rest of the,o,ulation so as to be indistin+uishable in those areas It is not therefore necessary to HscheduleH the districts ofManbhum and HaDariba+h and the &adar &ub@Division of !alamauDistrict for the small ,ercenta+e of the Tribal ,eo,le whoare dis,ersed amon+ the rest of the ,o,ulation, and thus tobrand these 0 .G0 districts as backward As has already been shown in the body of the re,ort thearea of Dudhi Tahsil and ,arts of #oberts+an$ are too smallto be made a &cheduled Area It is a very fantastic ,ro,osalto detach this area from the 6nited !rovinces and to ta+ iton to 9ihar !rovince It reJuires no ar+ument to say thatthis ,ro,osal can form no ,art of this CommitteeKs ,ro,osal Chitta+on+ Hill Tracts is a ,urely =; ,er cent9uddhistic or non@Muslim area and this Committee would havebeen too +lad, had it formed a ,art of Eest 9en+al but asthe 9oundary Commission +ave its decision to the contraryand it was acce,ted by both the Dominions of India and!akistan The Committee has been very sorry to know thisdecision but the award of the 9oundary Commission isunalterable A 4 THA11A#, Delhi, 08th &e,t .=3; Chairman MIN6TE '( DI&&ENT

The &ub@Committee submitted a ,rovisional re,ort ,riorto visitin+ 9ihar Ehile submittin+ that re,ort I raised aJuestion to the effect that all districts of Chhota Na+,urDivision and &anthal !ar+ana should be included as &cheduledAreas Durin+ 9ihar tour evidence adduced before the &ub@Committee stron+ly confirmed my contention that theaforesaid areas deserve to be included as &cheduled Areas The evidence includin+ that of Dr &achchidananda &inhastron+ly su,,ort this contention Inclusion of the aforesaidtracts as scheduled Areas is stron+ly warranted D N &AMANTA The .2th 'cto ber,.=3; 5AnneIure T7 A!!ENDIT D Coint #e,ort of the EIcluded and !artially EIcluded Areas "other than Assam% &ub@Committee and the North East (rontier "Assam% Tribal and EIcluded Areas &ub@ Committee of the Advisory Committee In accordance with the rulin+ of the Chairman, AdvisoryCommittee, we have held a $oint meetin+ of our two sub@committee &e,arate re,orts have already been submitted byus which in the case of the Assam &ub@Committee containsfinal recommendations, and in the case of the other &ub@Committee is final for the !rovinces of Madras, 9ombay,9en+al, the Central !rovinces and 'rissa, and is ,rovisionalfor 9ihar, the 6nited !rovinces and the !un$ab which haveyet to be visited or in res,ect of which witnesses are yetto be eIamined The re,ort of the latter &ub@Committeecontains however the framework of the ,ro,osals likely to beado,ted finally Althou+h that re,ort is not final for all!rovinces, this $oint re,ort is bein+ submitted so that therecommendations could be taken into consideration by theAdvisory Committee, if this is necessary, before the finalre,ort is available towards the end of &e,tember Ee wouldfurther ,oint out that the ,osition of the eIcluded and,artially eIcluded areas has under+one a chan+e with thecomin+ into o,eration of the Indian Inde,endence Act and theada,ted Constitution of .=28 6nder the Indian Inde,endenceAct so much of the ,rovisions of the *overnment of IndiaAct, .=28 as reJuires a *overnor to act in his discretion oreIercise his individual $ud+ment ceases to have effect fromthe .8th of Au+ust The ,artially eIcluded areas arere,resented in the le+islatures, however inadeJuately, butin the case of the eIcluded areas the chan+e im,lies thatthey are brou+ht under the $urisdiction of the Ministrywithout re,resentation in the le+islature Takin+ intoaccount the ,ast history of these tracts, the needs andsusce,tibilities, of the ,eo,le and other factors, ita,,ears desirable that the !rovincial *overnments should atleast be aware of our recommendations as soon as ,ossible sothat their ,olicy may be +uided thereby even if other ste,sare not

found necessary in the Constituent Assembly fortheir im,lementation at an early date Ee recommend that!rovincial *overnments should be advised to take such actionas the establishment of District Councils and TribalAdvisory Councils as may be ,ossible immediately to +iveeffect to the ,olicy recommended by us and to make suchstatutory re+ulations for this ,ur,ose as may be necessary 0 Comin+ to the actual recommendations made by the two&ub@Committees, we are of the view that althou+h certainfeatures are common to all these areas, yet thecircumstances of the Assam Hill Districts are so differentthat radically different ,ro,osals have to be made for theareas of this !rovince The distin+uishin+ feature of theAssam Hills and (rontier Tracts is the fact that they aredivided into fairly lar+e districts inhabited by sin+letribes or fairly homo+enous +rou,s of tribes with hi+hlydemocratic and mutually eIclusive tribal or+anisation andwith very little of the ,lains leaven which is so common afeature of the corres,ondin+ areas, ,articularly the,artially eIcluded areas of other !rovinces The Assam HillDistricts contain as a rule, u,wards of => ,er cent oftribal ,o,ulation whereas, unless we isolate small areas,this is +enerally not the case in the other !rovinces Thetribal ,o,ulation in the other !rovinces has moreoverassimilated to a considerable eItent the life and ways of the ,lains ,eo,le and tribal or+anisations have in many,laces com,letely disinte+rated Another feature is thatsome of the areas in Assam like the 1hasi Hills or the)ushai Hills, show +reater ,otentialities for Juick ,ro+ressthan tribes in the other !rovinces They may also bedistin+uished by their +reater ea+erness for reform in whichthey have a dominantshare than the a,athy shown by the tribals of some other!rovinces Havin+ been eIcluded totally from ministerial$urisdiction and secluded also from the rest of the !rovinceby the Inner )ine system, a ,arallel to which is not to befound in any other ,art of India, the eIcluded areas havebeen mostly anthro,olo+ical s,ecimens/ and thesecircumstances to+ether with the ,olicy of officials who havehitherto been in char+e of the tracts have ,roduced anatmos,here which is not to be found elsewhere It is inthese conditions that ,ro,osals have been made for theestablishment of s,ecial local councils which in theirse,arate hill domains will carry on the administration oftribal law and control the utilisation of the villa+e landand forest As re+ards the features common to tribal areasin other !rovinces, the Assam hillman is as much in need of,rotection for his land as his brother in other !rovinces He shares the backwardness of his tract and in some ,artsthe de+ree of illiteracy and lack of facilities foreducation, medical aid and communications !rovision isnecessary for the develo,ment of the hill tracts in allthese matters and we have found it necessary to recommendconstitutional safe+uards of various kinds 2 The differences between Assam and other areas aswell as certain common features have been indicated above Ehile in Assam the Hill Districts ,resent features of theirown and the Assam &ub@Committee have confined theirrecommendations on the whole to these tracts, it has notbeen ,ossible for the

other &ub@Committee to deal with the,roblems of the tribes in eIactly the same manner Thes,ecial features of the hills have been mentioned and theydistin+uish almost to the same de+ree the tribesmen in thehill and the tribesmen in the ,lains of Assam as they do there+ular ,lains inhabitants The total ,o,ulation censussedas tribal in the ,lains of Assam is about .-8 million out ofwhich ,ossibly some 8> ,er cent consists of tea@+ardenlabour, drawn in ,art from other ,rovinces This ,ortion of the ,lains tribals is of course a ,o,ulation which hasassimilated in hi+h de+ree the life of the ,lains Thestable ,o,ulation of ,lains tribals is more or less in thesame ,osition As re+ards other !rovinces, the de+ree of assimilation is on the whole +reater whether the tribesmanis found in the hills or in the more accessible ,artsalthou+h some of the small tribes in the A+ency Tracts of'rissa and madras have hardly come into contact with the,lains In any case their outlook is totally different (romthe very manner in which ,artially eIcluded areas have beenformed it has not been ,ossible to include lar+e numbers oftribals who are scattered about in the !rovincesirres,ective of whether their condition was advanced orotherwise It has been necessary therefore to treat all,ersons of tribal ori+in as a sin+le minority and notse,arately as in the case of Assam In this method oftreatment therefore the recommendations for other !rovincesdiffer radically from the ,ro,osals for Assam The eIcludedand ,artially eIcluded areas however contain considerableconcentrations of tribes ,eo,le and +enerally they are inhilly and com,aratively inaccessible areas with nocommunications and facilities for the develo,ment of the,o,ulation )and for them also is a vital factor and,rotection of the tribalsK land is an essential need Thefinancial reJuirements of the &cheduled Areas areconsiderable, and the Centre will have to come to theassistance of certain !rovinces at any rate Thus theessential features of the ,ro,osals for the tribals of!rovinces other than Assam are ,ro,ortionate re,resentationfor the tribals as a whole in the )e+islature, theschedulin+ of certain areas as in need of s,ecial attentionand in which the ,rotection of land and the socialor+anisation of the tribals is an indis,ensable need Tof acilitate the ,ro,er administration of the tribes, a TribesAdvisory Council with statutory functions is recommended forthe !rovinces of Madras, 9ombay, the Central !rovinces,9ihar, Eest 9en+al and 'rissa, and the a,,lication of,rovincial le+islation to the &cheduled Areas is linked u,with this Advisory Council 3 The common ,ro,osals for Assam and other !rovincesis that of ,rovision of funds by the Centre and a se,aratefinancial statement in the bud+et for the Hill Districts"Assam% and the &cheduled Areas "other !rovinces% Theinclusion of ,rovisions for the control of moneylenders isanother common feature 8 Ee have attached co,ies of the A,,endicesN to these,arate re,orts which indicate the le+al ,rovisionsnecessary and a summary"M% of the recommendations of boththe &ub@Committees

: Ee recommended that the ,lains tribals of Assam"MM%should be reco+nised as a minority and should be entitled toall the ,rivile+es of a minority includin+ re,resentation inthe le+islatures in ,ro,ortion to ,o,ulation and in theservices/ and that their land should be ,rotected ; &ub$ect therefore to the s,ecial ,rovisions for there,resentation of the Hill Districts of Assam, all tribalsshould be reco+nised as a minority for the ,ur,oses ofre,resentation in the le+islatures and in the services * N 9A#D')'I, Chairman, A 4 THA11A#, Chairman, N E ( "Assam% EIcluded F !artially Tribal F EIcluded Areas EIcluded Areas "'ther &ub@ Committee than Assam% &ub@Committee Dated New Delhi, the 08th Au+ust .=3; 5AnneIure TI7 A!!ENDIT D A,,endiI A to !art I of North@East (rontier "Assam% Tribal and EIcluded Areas &ub@Committee #e,ort A ".% The areas included in &chedule A to this ,artshall be autonomous districts "0% An autonomous district may be divided intoautonomous re+ions "2% &ub$ect to the ,rovisions of &ection ! the*overnment of Assam may from time to time notify any areanot included in the said schedule as an autonomous districtor as included in an autonomous district and the ,rovisionsof this !art shall thereu,on a,,ly to such area as if it wasincluded in the said schedule "3% EIce,t in ,ursuance of a resolution ,assed by theDistrict Council of an autonomous district in this behalfthe *overnment of Assam shall not notify any districts,ecified or deemed to be s,ecified in the schedule or ,artof such district, as ceasin+ to be an autonomous district ora ,art thereof 9 ".% There shall be a District Council for each of the areas s,ecified in schedule A The Council shall havenot less than twenty nor more than forty members, of whomnot less than three@fourths shall be elected by universaladult franchise Note @ If adult franchise is not universally ado,tedthis ,rovision will have to be altered N (or the relevant A,,endices of the #e,ort of theEIcluded and !artially EIcluded Areas "other than Assam%&ub@Committee, &ee ,a+es 22@23 of the ori+inal re,orts "M% &ee ,a+e :2 of the ori+inal re,ort "MM% This means that Tea@+arden labour and

eI tea@+arden labour which consists of tribals from ,rovinces otherthan Assam are eIcluded "0% The constituencies for the elections to theDistrict Council shall be so constituted if ,racticable thatthe different tribals or non@tribals, if any, inhabitin+ thearea shall elect a re,resentative from amon+ their own tribeor +rou,!rovided that no constituency shall be formed with atotal ,o,ulation of less than 8>> "2% If there are different tribes inhabitin+ distinctareas within an autonomous district, there shall be ase,arate #e+ional Council for each such area or +rou, of areas that may so desire "3% The District Council in an autonomous district with#e+ional Councils shall have such ,owers as may be dele+atedby the #e+ional Councils in addition to the ,owers conferredby this constitution "8% The District or the #e+ional Council may framerules re+ardin+ "a% the conduct of future elections, thecom,osition of the Council, the office bearers who may bea,,ointed, the manner of their election and other incidentalmatters, "b% the conduct of business, "c% the a,,ointment ofstaff, "d% the formation and functionin+ of subordinatelocal councils or boards, "e% +enerally all matters,ertainin+ to the administration of sub$ects entrusted to itor fallin+ within its ,owers!rovided that the De,uty Commissioner or the &ub@divisional officer as the case may be of the Mikir and theNorth Cachar Hills shall be the Chairman eI@officio of theDistrict Council and shall have ,owers for a ,eriod of siIyears after the constitution of the Council, sub$ect to thecontrol of the *overnment of Assam, to annul or modify anyresolution or decision of the District Council or to issuesuch instructions as he may consider a,,ro,riate C ".% The #e+ional Council, or if there is no #e+ionalCouncil, the District Council, shall have ,ower to make lawsfor the area under its $urisdiction re+ardin+ "a% allotment,occu,ation or use for a+ricultural, residential or othernon@a+ricultural ,ur,oses or settin+ a,art for +raDin+,cultivation, residential or other ,ur,oses ancillary to thelife of the villa+e or town, of land other than land classedas reserved forest under the Assam (orest #e+ulation, .<=.or other law on the sub$ect a,,licable to the district!rovided that land reJuired by the +overnment of Assamfor ,ublic ,ur,oses shall be allotted free of cost ifvacant, or if occu,ied, on ,ayment of due com,ensation inaccordance with the law relatin+ to the acJuisition of land/"b% the mana+ement of any forest which is not a reserveforest/ "c% the use of canal or water courses for

the,ur,oses of a+riculture/ "d% controllin+, ,rohibitin+ or,ermittin+ the ,ractice of $hum or other forms of shiftin+cultivation/ "e% the establishment of villa+e or towncommittees and councils and their ,owers/ "f% all othermatters relatin+ to villa+e or town mana+ement, sanitation,watch and ward "0% The #e+ional Council or if there is no #e+ionalCouncil, the District Council shall also have ,owers to makelaws re+ulatin+ "a% the a,,ointment or succession of chiefsor headmen/ "b% inheritance of ,ro,erty/ "c% marria+e andall other social customs D ".% &ave as ,rovided in &ection ( the #e+ionalCouncil, or if there is no #e+ional Council, the DistrictCouncil, or a court constituted by it in this behalf shallhave all the ,owers of a final court of a,,eal in res,ect ofcases or suits between ,arties, all of whom belon+ to hilltribes, in its $urisdiction "0% The #e+ional Council, or if there is no #e+ionalCouncil the District Council may set u, villa+e Councils orCourts for the hearin+ and dis,osal of dis,utes or casesother than cases triable under the ,rovisions of &ection(, or cases arisin+ out of laws ,assed by it in the eIerciseof its ,owers, and may also a,,oint such officials as may benecessary for the administration of its laws E The District Council of an autonomous district shallhave the ,owers to establish or mana+e ,rimary schools,dis,ensaries, markets, cattle ,ounds, ferriers, fisheries,roads and waterways and in ,articular may ,rescribe thelan+ua+e and manner in which ,rimary education shall beim,arted ( ".% (or the trial of acts which constitute offences,unishable with im,risonment for five years or more or withdeath, or trans,ortation for life under the Indian !enalCode or other law a,,licable to the district or of suitsarisin+ out of s,ecial laws or in which one or more of the,arties are non@tribals, the *overnment of Assam may confersuch ,owers under the Criminal !rocedure Code or Civil!rocedure Code as the case may be on the #e+ional Councilthe District Council or Courts constituted by them or anofficer a,,ointed by the *overnment of Assam as it deemsa,,ro,riate and such courts shall try the offences or suitsin accordance with the Code of Criminal !rocedure or Civil!rocedure as the case may be "0% The *overnment of Assam may withdraw or modify,owers conferred on the #e+ional Council or District Councilor any court or officer under this section "2% &ave as ,rovided in this section the Criminal!rocedure Code and the Civil !rocedure Code shall not a,,lyto the autonomous district

N'TE @ H&,ecial )awsH @ )aws of the ty,e of the law ofcontract, com,any law or insurance etc are contem,lated * ".% There shall be constituted a District or#e+ional (und into which shall be credited all moneysreceived by the District Council or #e+ional Council as thecase may be in the course of its administration or in thedischar+e of its res,onsibilities "0% #ules a,,roved by the Com,troller of Assam shall bemade for the mana+ement of the (und by the District or#e+ional Council and mana+ement of the (und shall be sub$ectto these rules H ".% A #e+ional council, or if there is no #e+ionalCouncil the District Council shall have the followin+ ,owersof taIation"a% sub$ect to the +eneral ,rinci,les of assessmenta,,roved in this behalf for the rest of Assam, land revenue"b% ,oll taI or house taI "0% The District Council shall have ,owers to im,osethe followin+ taIes, that is to say "a% a taI on,rofessions, trades or callin+, "b% a taI on animals,vehicles, "c% toll taI, "d% market dues, "e% ferry dues, "f%cesses for the maintenance of schools, dis,ensaries orroads "2% A #e+ional Council or District Council may makerules for the im,osition and recovery of the taIes withinits financial ,owers I ".% The *overnment of Assam shall not +rant anylicence or lease to ,ros,ect for or eItract minerals withinan autonomous district save in consultation with theDistrict Council "0% &uch share of the royalties accruin+ from licencesor leases for minerals as may be a+reed u,on shall be madeover to the District Council In default of a+reement suchshare as may be determined by the *overnor in his discretionshall be ,aid C ".% The District Council may for the ,ur,ose ofre+ulatin+ the ,rofession of moneylendin+, or tradin+ bynon@tribals in a manner detrimental to the interests of thetribals make rules a,,licable to the district or any ,ortionof it- "a% ,rescribin+ that eIce,t the holder of a licenceissued bythe Council in this behalf no ,erson shall carry onmoneylendin+, "b% ,rescribin+ the maIimum rate of interestwhich may be levied by a moneylender, "c% ,rovidin+ for themaintenance of accounts and for their ins,ection by itsofficials, "d% ,rescribin+ that no non@tribal shall carry onwholesale or retail business in any commodity eIce,t under alicence issued by the District Council in this behalf!rovided that no such rules may be made unless theDistrict Council a,,roves of the rules by a ma$ority of notless than three fourths of its members-

!rovided further that a licence shall not be refused tomoneylenders and dealers carryin+ on business at the time ofmakin+ of the rules 1 ".% The number of members re,resentin+ an autonomousdistrict in the !rovincial )e+islature shall bear at leastthe same ,ro,ortion to the ,o,ulation of the district as thetotal number of members in that )e+islature bears to thetotal ,o,ulation of Assam "0% The total number of re,resentatives allotted to theautonomous districts which may at any time be s,ecified in&chedule A in accordance with &ub@section ".% of this&ection shall not be taken into account in reckonin+ thetotal number of re,resentatives to be allotted to the restof the !rovince under the ,rovisions of &ection of the !rovincial Constitution

"2% No constituencies shall be formed for the ,ur,oseof election to the !rovincial )e+islature which include,ortions of other autonomous districts or other areas, norshall any non@tribal be eli+ible for election eIce,t in theconstituency which includes the Cantonment and Munici,alityof &hillon+ ) ".% )e+islation ,assed by the ,rovincial le+islaturein res,ect of "a% any of the sub$ects s,ecified in section Cor "b% ,rohibitin+ or restrictin+ the consum,tion of anynon@distilled alcoholic liJuor, shall not a,,ly to anautonomous district "0% A #e+ional Council of an autonomous district or ifthere is no #e+ional Council, the District Council may a,,lyany such law to the area under its $urisdiction, with orwithout modification M The revenue and eI,enditure ,ertainin+ to anautonomous district which is credited to or met from thefunds of the *overnment of Assam shall be shown se,aratelyin the annual financial statement of the !rovince of Assam N There shall be ,aid out of the revenues of the(ederation to the *overnment of Assam such ca,ital andrecurrin+ sums as may be necessary to enable that*overnment @ "a% to meet the avera+e eIcess of eI,enditureover the revenue durin+ the three years immediately,recedin+ the commencement of this constitution in res,ectof the administration of the areas s,ecified in &chedule A/and "b% to meet the cost of such schemes of develo,ment asmay be undertaken by the *overnment with the a,,roval of the(ederal *overnment for the ,ur,ose of raisin+ the level of administration of the aforesaid areas to that of the rest of the ,rovince ' ".% The *overnor of Assam may at any time institutea commission s,ecifically to eIamine and re,ort on anymatter relatin+ to the administration or, +enerally at suchintervals as he may ,rescribe, on the administration of theautonomous districts

+enerally and in ,articular on "a% the,rovision of educational and medical facilities andcommunications "b% the need for any new or s,ecialle+islation and "c% the administration of the District or#e+ional Councils and the laws or rules made by them "0% The re,ort of such a commission with therecommendations of the *overnor shall be ,laced before the,rovincial le+islature by the Minister concerned with aneI,lanatory memorandum re+ardin+ the action taken or,ro,osed to be taken on it "2% The *overnor may a,,oint a s,ecial Minister for theAutonomous Districts ! ".% The *overnment of Assam may, with the a,,rovalof the (ederal *overnment, by notification make thefore+oin+ ,rovisions or any of them a,,licable to any areas,ecified in &chedule 9 to this !art, or to a ,art thereof/and may also, with the a,,roval of the (ederal *overnment,eIclude any such area or ,art thereof from the said&chedule "0% Till a notification is issued under this section,the administration of any area s,ecified in &chedule 9 or of any ,art thereof shall be carried on by the 6nion *overnmentthrou+h the *overnment of Assam as its a+ent A ".% The *overnor of Assam in his discretion may, ifhe is satisfied that any act or resolution of a #e+ional orDistrict Council is likely to endan+er the safety of India,annul or sus,end such act or resolution and take such ste,sas he may consider necessary "includin+ dissolution of theCouncil and the takin+ over of its administration% to,revent the commission or continuation of such act or +ivin+effect to such resolution "0% The *overnor shall ,lace the matter before thele+islature as soon as ,ossible and the le+islature mayconfirm or set aside the declaration of the *overnor # The *overnor of Assam may on the recommendation of acommission set u, by him under section N order thedissolution of a #e+ional or District Council and directeither that fresh election should take ,lace immediately, orwith the a,,roval of the le+islature of the ,rovince, ,lacethe administration of the area directly under himself or thecommission or other body considered suitable by him, durin+the interim ,eriod or for a ,eriod not eIceedin+ twelvemonths!rovided that such action shall not be taken withoutaffordin+ an o,,ortunity to the District or #e+ional Councilto be heard by the ,rovincial le+islature and shall not betaken if the ,rovincial le+islature is o,,osed to it

Transitional !rovisions *overnor to carry on administration as under the .=28Act till a Council is set u,, he should take action toconstitute the first District Council or #e+ional councilsand frame ,rovisional rules in consultation with eIistin+tribal Councils or other re,resentative or+anisations, forthe conduct of the elections, ,rescribe who shall be theoffice bearers etc The term of the first Council to be oneyear *'!INATH 9A#D')'I, "Chairman% C C M NICH')&@#'? #6! NATH 9#AHMA A 4 THA11A# &chedule 9 The 1hasi and Caintia Hills District eIcludin+ the town of &hillon+ The *aro Hills District The )ushai Hills District The Na+a Hills District The North Cachar &ub@ division of the Cachar District The Mikir Hills ,ortion of Now+on+ and &ibsa+ar District eIce,tin+ the mouDas of 9ar,athar and &aru,athar &chedule 9 The &adiya and 9ali,ara (rontier Tracts The Tira, (rontier Tract "eIcludin+ the )akhim,ur (rontier Tract% The Na+a Tribal Area 5AnneIure TII7 A!!ENDIT D &6MMA#? '( #EC'MMENDATI'N& '( THE A&&AM &69@C'MMITTEE District Councils should be set u, in the HillDistricts "see &ection 9 of A,,endiI A% with ,owers ofle+islation over occu,ation or use of land other than landcom,risin+ reserved forest under the Assam (orest #e+ulationof .<=. or other law a,,licable This is sub$ect to the,roviso that no ,ayment would be reJuired for the occu,ationof vacant land by the !rovincial *overnment for ,ublic,ur,oses and ,rivate land reJuired for ,ublic ,ur,oses bythe !rovincial *overnment will be acJuired for it on ,aymentof com,ensation 5!ara N= @ &ection C ".% A,,endiI A 7 0 #eserved forests will be mana+ed by the !rovincial*overnment in Juestions of actual mana+ement includin+ thea,,ointment of forest staff and the +rantin+ of contractsand leases, the susce,tibilities and the le+itimate desiresand needs of the Hill !eo,le should be taken into account5!ara N.>7 2 'n account of its disastrous effects u,on theforest, rainfall and other climatic features, $humin+ shouldbe discoura+ed and sto,,ed wherever ,ossible but theinitiative for this should come from the tribes themselvesand the control of

$humin+ should be left to the localcouncils 5!ara N.. and &ection C of A,,endiI A7 3 All social law and custom is left to be controlledor re+ulated by the tribes 5!ara N.0 and &ection C "0% of a,,endiI A7 All criminal offences eIce,t those ,unishablewith death, trans,ortation or im,risonment for five yearsand a,wards should be left to be dealt with in accordancewith local ,ractice and the Code of Criminal !rocedure willnot a,,ly to such cases As re+ards the serious offences,unishable with im,risonment of five years or more theyshould be tried henceforth re+ularly under the Criminal!rocedure Code To try such cases, ,owers should beconferred by the !rovincial *overnment wherever suitableu,on tribal councils or courts set u, by the districtcouncils themselves All ordinary civil suits should be dis,osed of bytribal courts and local councils may have full ,owers todeal with them includin+ a,,eal and revision Ehere non@tribals are involved, civil or criminal casesshould be tried under the re+ular law and the !rovincial*overnment should make suitable arran+ements for theeI,editious dis,osal of such cases by em,loyin+ circuitma+istrates or $ud+es 5!ara N.0 @ &ection D F ( of A,,endiIA7 8 The District Councils should have ,owers ofmana+ement over ,rimary schools, dis,ensaries and otherinstitutions which normally come under the sco,e of localself@+overnin+ institutions in the ,lains They should havefull control over ,rimary education As re+ards secondaryschool education, there should be some inte+ration with the+eneral system of the ,rovince and it is left o,en to the,rovincial *overnment to entrust local councils withres,onsibility for secondary schools wherever they find thissuitable 5!ara N.2 and &ection E of A,,endiI A7 (or the Mikir and North Cachar Hills the District or&ub Divisional 'fficer, as the case may be should be eI@officio !resident of the local council with ,owers, sub$ectto the control of the *overnment of Assam, to modify orannul resolutions or decisions of the local councils and toissue such instructions as may be necessary 5!ara N.2 and&ection 9 "8% of A,,endiI A7 @@@@@@@@@@@ N #eferences to ,aras, sections and a,,endices are to,aras , sections and a,,endices in the ori+inal re,orts : Certain taIes and financial ,owers should beallocated to the councils They should have all the ,owerswhich local bodies in re+ulation districts en$oy and inaddition they should have ,owers to im,ose house taI or ,olltaI, land revenue

and levies arisin+ out of the ,owers ofmana+ement of villa+e forest 5&ection NH of A,,endiI A and!ara .3 "a%7 &tatutory ,rovision for a fiIed ,ro,ortion of,rovincial funds to be s,ent on the hill districts is notconsidered ,racticable A se,arate financial statement foreach hill district showin+ the revenue derived from thedistrict and the eI,enditure ,ro,osed on it is recommended The framin+ of a suitable ,ro+ramme of develo,ment should been$oined either by statute or by Instrument of Instructions 5&ection NM of A,,endiI A and !ara .3 "b%7 It is Juite clear that the ur+ent reJuirements of thehill districts by way of eI,enditure on develo,ment schemesare beyond the resources of the !rovincial *overnment Thedevelo,ment of the hill districts should be as much theconcern of the (ederal *overnment as the !rovincial*overnment (inancial assistance should be ,rovided by the(ederation to meet the deficit in the ordinaryadministration on the basis of the avera+e deficit durin+the ,ast three years and the cost of develo,ment schemesshould also be borne by the Central EIcheJuer 5&ection NN of a,,endiI A and !ara .3 "c%7 The claims of the hill district councils for assistancefrom +eneral ,rovincial revenues to the eItent that they areunable to raise the necessary finances within their own,owers is reco+nised 5!ara N.: "d%7 ; If local councils decide by a ma$ority of three@fourths of their members to license moneylenders or tradersthey should have ,owers to reJuire moneylenders and,rofessional dealers from outside to take out licences 5!ara N.8 and &ection C of A,,endiI A7 < The mana+ement of mineral resources should becentralised in the hands of the !rovincial *overnment butthe ri+ht of the district councils to a fair share of therevenues is reco+nised No licence or lease shall be +ivenby the !rovincial *overnment eIce,t in consultation with thelocal Council If there is no a+reement between the!rovincial *overnment and the district council re+ardin+ theshare of the revenue, the *overnor will decide the matter inhis discretion 5!ara N.: and &ection I of A,,endiI A7 = !rovincial le+islation which deals with the sub$ectsin which the hill councils have le+islative ,owers will nota,,ly to the hill districts )e+islation ,rohibitin+ theconsum,tion of non@distilled liJuors like Bu will also nota,,ly/ the district council may however a,,ly thele+islation 5!ara N.; and &ection ) of A,,endiI A7 .> It is necessary to ,rovide for the creation ofre+ional councils for the different tribes inhabitin+ anautonomous district if they so desire #e+ional councilshave ,owers limited to their customary law and themana+ement of lands and villa+es

and courts #e+ionalcouncils may dele+ate their ,owers to the district councils5!ara N.< and &ection 9 "3% of A,,endiI A7 .. The *overnor is em,owered to set aside any act orresolution of the council if the safety of the country is,re$udiced and to take such action as may be necessaryincludin+ dissolution of the local councils sub$ect to thea,,roval of the le+islature The *overnor is also +iven,owers to dissolve the council if +ross mismana+ement isre,orted by a commission 5!ara N.= and &ection A and # of a,,endiI A7 .0 The Central *overnment should continue toadminister the (rontier Tracts and Tribal Area with the*overnment of Assam as its a+ent until @@@@@@@@@@@@@@ N #eferences to ,aras , sections and a,,endices are to,aras , sections and a,,endices in the ori+inal re,orts administration has been satisfactorily established over asufficiently wids area Areas over which administration hasbeen satisfactorily established may be taken over by the!rovincial *overnment with the a,,roval of the (ederal*overnment 5&ection N! of A,,endiI A and !ara 0> "a%7 The ,ace of eItendin+ administration should be +reatlyaccelerated and se,arate officers a,,ointed for the )ohit4alley, the &ian+ 4alley and the Na+a Tribal Area 5!ara N0>"a%7 The )akhim,ur (rontier Tract should be attached to there+ular administration of the district The case of the,ortion of the )akhim,ur (rontier Tract recently included inthe Tira, (rontier Tract should be eIamined by the!rovincial *overnment with a view to a decision whether itcould immediately be brou+ht under ,rovincialadministration A similar eIamination of the ,osition in the,lains ,ortions of the &adiya (rontier Tract is recommended The ,ortion of the 9ali,ara (rontier Tract around Charduarshould also be sub$ect to a similar eIamination 5!ara N0>"b%7 !osa ,ayment should be continued 5!ara N0> "c%7 .2 The eIcluded areas other than the (rontier Tractsshould be enfranchised immediately and restrictions on thefranchise in the *aro and Mikir Hills should be removed andadult franchise introduced 5!ara N0. "a% and &ection 9 ".%of A,,endiI A7 Eei+hta+e is not considered necessary but the hilldistricts should be re,resented in the ,rovincialle+islature in ,ro,ortion not less than what is due on their,o,ulation

even if this involves a certain wei+hta+e inroundin+ off The total number of re,resentatives for thehills thus arrived at 5&ee !ara N0. "b%7 should not betaken into account in determinin+ the number ofre,resentatives to the ,rovincial le+islature from the restof Assam 5!ara N0. "b% and &ection 1 or A,,endiI A7 The total ,o,ulation of the hill districts $ustifies aseat for the hill tribes in the (ederal )e+islature on thescale ,ro,osed in &ection .. "c% of the Draft 6nionConstitution 5!ara N0. "c%7 Coint electorate is recommended but constituencies areconfined to the autonomous districts #eservation of seats,in view of this restriction, is not necessary 5!ara N0. "d%and &ection 1 "2% of A,,endiI A7 Non@tribals should not be eli+ible for election fromhill constituencies eIce,t in the constituency whichincludes the Munici,ality and Cantonment of &hillon+ 5!ara N0. "e% and &ection 1 "<% of A,,endiI A7 .3 #e,resentation for the hills in the Ministry shouldbe +uaranteed by statutory ,rovision if ,ossible or at leastby a suitable instruction in the instrument of Instructionsor corres,ondin+ ,rovision 5!ara N00 @ &ee also &ection '"2% of A,,endiI A7 .8 Non@tribal officials should not be barred fromservin+ in the hills but they should be selected with careif ,osted to the hills The a,,ointment of a due ,ro,ortionof hill ,eo,le in the services should be ,articularly ke,tin mind and ,rovided for in rules or eIecutive instructionsof the !rovincial *overnment 5!ara N027 .: A commission may be a,,ointed at any time or,ermanently to enable the *overnment to watch the ,ro+ressof develo,ment ,lans or to eIamine any ,articular as,ects of the administration 5!ara N03 and &ection ' "i% of A,,endiIA7 .; !lains tribals number . : million Their case fors,ecial re,resentation and safe+uards should be consideredby the Minorities &ub@Committee 5!ara N087 @@@@@@@@@@@@ N #eferences to ,aras , sections and a,,endices are to,aras , sections and a,,endices in the ori+inal re,orts .< The Juestion of alterin+ boundaries so as to brin+the ,eo,le of the same tribe under a common administrationshould be considered by the !rovincial *overnment The9ar,athar and &aru,athar MouDas included in the Mikir Hillsshould be included in the re+ularly administered

areashenceforth 5!ara N0:7 .= Non@tribal residents may be ,rovided withre,resentation in the local councils if they aresufficiently numerous (or this ,ur,ose non@tribalconstituencies may be formed if $ustified and if the,o,ulation is not below 8>> 5!ara N0; and &ection 9 "0% of a,,endiI A7 0> !rovincial councils should be set u, by the*overnor of Assam after consultin+ such local or+anisationsas eIist These ,rovisional councils which will be for oneyear will have ,owers to frame their own constitution andrules for the future 5!ara N0= and Transitional !rovisionsof A,,endiI A also7 5AnneIure TIII7 A!!ENDIT D &CHED6)E .2 T' *'4E#NMENT '( INDIA "!#'4INCIA) )E*I&)ATI4E A&&EM9)IE&% '#DE#, .=2: 9AC1EA#D T#I9E& !A#T 4 @ A&&AM The followin+ Tribes and Communities- @ . 1achari = Deori 0 9oro or 9oro@1achari .> Abor 2 #abha .. Mishmi 3 Miri .0 Dafla 8 )alun+ .2 &in+,ho : Mikir .3 1ham,ti ; *aro .8 Any Na+a or 1uki tribe < Ha$on+ .: Any other tribe or comm for the time bein+ des@ i+nate of by the *overnor in his discretion 5AnneIure TI47 A!!ENDIT D

*eneral &ummary of the #e,orts of the EIcluded F !artially EIcluded Areas "other than Assam% &ub@Committee and the North@East (rontier "Assam% Tribal and EIcluded Areas &ub@Committee 5includin+ the (inal #e,ort of the E F ! E Areas "other than Assam% &ub@ Committee 7 I In ,rovinces other than Assam, with the eIce,tion of the )accadive Islands of Madras and the &,iti and )ahoularea of !un$ab, there are no eIcluded areas In both of these eIcluded areas the ,o,ulation is not ethnicallytribal In the )accadive Islands the islanders are Muslimsof the same stock as the Mo,,illahs of Malabar In Minicoythey are @@@@@@@@@@@@@@@@@@@@ N #eferences to ,aras, and sections are to ,aras, andsections in the ori+inal re,orts believed to be of &inhalese ori+in In &,iti and )ahoul theinhabitants are of Tibetan ori+in In the remainin+,artially eIcluded areas of ,rovinces other than Assam the,rinci,al tribes to be found are &antal, *ond, 9hil, Munda,'raon, 1ondh, Ho and &avara Many minor tribes like 1orku,!ardhan, 1o, 9humi$, Earli also inhabit the areas The total,o,ulationN of all the tribes, eIcludin+ Assam, is about .2.G0 millions of which a,,roIimately < millions inhabit the,artially eIcluded areas Eith the eIce,tion of certainsmall tribes like the 9onda !or$a and the 1utia 1ondh of'rissa, all the remainin+ tribes have eI,erienced varyin+de+rees of so,histication and come into contact with ,eo,leof the ,lains and advanced tracts Althou+h the tribalslivin+ in the non@eIcluded areas are often hard todistin+uish from the ,lains ,eo,le amon+ whom they live,they are +enerally in a backward condition which issometimes worse than the condition of the scheduled castes It is not ,ossible therefore to leave them out ofconsideration on the +round that only the tribes in the,artially eIcluded areas need attention All the tribes of,rovinces other than Assam, whether livin+ in the ,lains orin the ,artially eIcluded tracts, should, as one whole betreated as a minority As re+ards Assam, conditions in thehill districts of which the Na+a Hills, the )ushai Hills andthe North Cachar Hills have been eIcluded are or a totallydifferent footin+ and the atmos,here, ,articularly in theseeIcluded areas, is one which is not to be found elsewhere These areas must therefore be treated se,arately from therest As re+ards ,lains tribals the total number of whom,includin+ &ylhet, comes to a,,roIimately . 8 millionaccordin+ to census fi+ures, about seven lakhs are tea@+arden labour from various ,arts of the country 5notincluded in the schedule 9 to the *overnment of India")e+islative Assemblies 'rder% .=2:7 are not to be takeninto account as tribes of Assam The tribal ,o,ulation of the eIcluded and ,artially eIcluded area comes to about <.G0 lakhs In Assam there are in addition the frontiertracts and tribal areas in which conditions of settled administration ,revail only to a very small eItent and lar+eareas cannot be

said to be under re+ular administration atall Even now, in the northern frontier tracts, Tibetan taI@collectors make inroads and, in the Na+a tribal area still involves contact with forei+n &tates and ,roblems of defence 0 The areas inhabited by the tribes, whether in Assamor elsewhere, are difficult of access, hi+hly malarial andinfested also in some cases by other diseases like yaws andvenereal disease and lackin+ in such civiliDin+ facilitiesas roads, schools, dis,ensaries and water su,,ly The tribesthemselves are for the most ,art eItremely sim,le ,eo,le whocan be and are eI,loited with ease by ,lainsfolk resultin+in the ,assa+e of land formerly cultivated by them to money@lenders and other erstwhile non@a+riculturists Ehile a +oodnumber of su,erstitions and even harmful ,ractices are,revalent amon+ them the tribes have their own customs andway of life with institutions like tribal and villa+e,anchayats or councils which are very effective in smoothin+villa+e administration The sudden disru,tion of the tribalscustoms and ways by eI,osure to the im,act of a morecom,licated and so,histicated manner of life is ca,able ofdoin+ +reat harm Considerin+ ,ast eI,erience and the stron+tem,tation to take advanta+e of the tribals sim,licity andweaknesses it is essential to ,rovide statutory safe+uardsfor the ,rotection of the land which is the mainstay of theabori+inalKs economic life and for his customs andinstitutions which, a,art from bein+ his own, containelements of value In makin+ ,rovisions however allowancecould be made for the fact that in the non@ @@@@@@@@@@@@@@@@ N Includin+ Assam, the total ,o,ulation of the tribesin the ,rovinces is .8 = millions eIcluded areas the tribals have assimllated themselves inconsiderable de+ree to the life of the ,eo,le with whom theylive and the s,ecial ,rovisions concernin+ le+islation in,articular are therefore ,ro,osed lar+ely for the scheduleareas 5,rovinces other than Assam/ see ,a+e N22 of thisvolume7 and the autonomous districts 5"Assam% !ara N.2 of#e,ort and &ection NA of A,,endiI A on , .= of #e,ort7 2 Althou+h in the case of the autonomous districts of assam a distinction has been made, the ,ro,osals in the maincontem,late that tribals should be treated as a minority inthe matter of re,resentation in the le+islatures andrecruitment to the various services of the Central and!rovincial *overnments In the case of the tribals of,rovinces other than Assam reserved re,resentation in the,rovincial and (ederal )e+islatures "House of the !eo,le% in,ro,ortion to the total tribal ,o,ulation of the !rovince isrecommended by $oint electorate In the case of Assamsimilar reservation of re,resentation for the ,lains tribals"eIcludin+ tea@ +arden labour% is recommended In the case of the hill districts, in view of their small and eIclusive,o,ulations it is recommended that re,resentation should be,rovided in ,ro,ortion to the ,o,ulation out in such a waythat all fractions of a

lakh are taken as one lakh eventhou+h this mi+ht involve a small wei+hta+e In the (ederal)e+islature "House of the !eo,le% the autonomous hilldistricts should have a re,resentative The ,lains tribalsshould have re,resentation in the House of the !eo,le alsoon the basis of their ,o,ulation In all cases election byadult franchise is recommended and indirect election ornomination should not be resorted to There should bes,ecial re,resentation as follows- @ )accadive *rou, @ . Amindivi *rou, @ . Minicoy Island @ . )ahaul F &,iti @ . "!ara N= of Interim #e,ort of 'ther Than Assam &ub@Committee and !ara N0. of Assam &ub@Committee #e,ort/ seealso !ara : of Coint #e,ort% Non@tribals will not be eli+ible for elections fromhill constituencies to the ,rovincial le+islature eIce,t theconstituency which includes the munici,ality of &hillin+5!ara N0. "e% and &ec 1 "<% of A,, A of Assam #e,ort7 Constituencies may not be so made as to eItend outside theboundaries of autonomous districts 5!ara N0. "d% and &ec 1"2% or A,, A, Assam #e,ort7 3 There should be a de,artment under the (ederal*overnment in order to su,ervise and watch the develo,mentof the tribals in the different ,rovinces and to furnishsuch advice and +uidance as may be needed 5!ara N8 of (inal#e,ort of 'ther Than Assam &ub@Committee7 8 The areas inhabited by the tribes are hilly anddifficult country, to develo, which is likely to be beyondthe resources of some !rovincial *overnments The (ederationshould therefore ,rovided the necessary funds for theeIecution of a,,roved schemes of develo,ment 5!ara N.; ofInterim #e,ort and &ec NI F 1 "0% of A,, C of 'ther ThanAssam &ub@Committee, also ,ara N.3 "c% and &ec N of A,, Aof Assam &ub@Committee #e,ort7 In the case of Assam, the(ederation should also meet the avera+e deficit of theautonomous districts durin+ the three years ,recedin+ thecommencement of the Constitution 5!ara N.3 "c% and &ec NNof A,, A of Assam #e,ort7 : The Central *overnment should also be in a ,ositionto reJuire the !rovincial *overnments to draw u, and eIecuteschemes for the scheduled areas 5!ara N.; of Interim #e,ortand &ec I F 1 "0% of A,, C of 'ther Than Assam &ub@ Committee7

; The (ederal *overnment should institute a s,ecialcommission after ten years to enJuire into the ,ro+ress of the scheduled areas and the tribes 5!ara N.: and &ec 1 ".%of A,, C of 'ther Than Assam &ub@Committee #e,ort7 < In ,rovinces other than Assam, eIce,tin+ the 6 ! and the !un$ab, a Tribes Advisory Council containin+, to theeItent of three@fourths of its membershi,, elected membersof the ,rovincial le+islatures is recommended The Councilshall have not less than ten or more than twenty@fivemembers 5!ara N.8 and &ec C of A,, C of 'ther Than Assam&ub@Committee #e,ort7 (or 6 ! and the !un$ab an advisorycommittee containin+ re,resentatives of the tribal orbackward class concerned to the eItent of two thirds isrecommended 5!aras N2 F 3 of (inal #e,ort/ see also ,ara N.< of this &ummary for details of 6 ! Committees7 (orAssam there is ,rovision for the *overnor to a,,oint eithera ,ermanent or an ad hoc commission to re,ort or kee, the*overnment in touch with the administration of theautonomous districts 5!ara N03 F &ec ' ".% of A,, A of assam &ub@Committee #e,ort7 = The hill districts of Assam are to be desi+nated asautonomous districts and s,ecial district councils should beset u, for each of them The district councils will have,owers of le+islation over "a% occu,ation or use of landother than land com,risin+ reserved forest, "b% themana+ement of forest other than reserved forest, "c% the useof canals and water courses for the ,ur,oses of a+riculture,"d% control of $hum cultivation, "e% establishment ofvilla+e and town committees and "f% villa+e mana+ement in+eneral #eserved forests will be mana+ed by the !rovincial*overnment 5!aras N= to .2 of Assam &ub@Committee #e,ort7 The district council will have ,owers of mana+ement of all institutions which normally come under the sco,e oflocal self@+overnment in the ,lains and will have fullcontrol over ,rimary education 5!ara N.2 and &ec E of A,, A of Assam &ub@ Committee #e,ort7 The district council will have ,owers to make lawsaffectin+ "a% a,,ointment and succession of Chiefs, "b%inheritance of ,ro,erty councils 5!ara N.< F &ec 9 "2% of a,, A of Assam &ub@Committee #e,ort7 District councils and re+ional councils can set u,courts with full ,owers to deal with all civil suits otherthan those arisin+ out of s,ecial laws and offences,unishable under the !enal Code with im,risonment of lessthan five years in accordance with local or tribal customeIce,t where non@tribals are involved "!ara N.0 F &ec D F( of A,, A of Assam &ub@Committee #e,ort% Ehere there are different tribes in a district and theywish to mana+e their own affairs re+ional councils may beset u, #e+ional councils have ,owers limited to theircustomary law and the mana+ement of land@villa+es andcourts #e+ional

councils may dele+ate their ,owers todistrict councils 5!ara N.< F &ec 9 "2% of A,, A of Assam&ub@Committee #e,ort7 @@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@ N #eferences to ,aras , sections and ,a+es are to,aras , sections and ,a+es in the ori+inal re,orts The district and re+ional councils "Assam HillDistricts% will have ,owers to levy land revenue, house taIor ,oll taI and other taIes levied by local self@ +overnin+institutions in the ,lains 5!ara N.3 "a% F &ec H of A,, Aof Assam &ub@ Committee #e,ort7 They should be assisted by,rovincial +rants where necessary 5!ara N.3 "b% of Assam#e,ort7 The District or &ub@divisional officer, as the case maybe, will be eIofficio !resident of the district council of the Mikir and North Cachar Hills .> The district council shall be an elected body withnot less than 0> or more than 3> members of whom not lessthan three@fourths shall be elected by universal adultfranchise &e,arate constituencies to be formed for se,aratetribes, with a ,o,ulation of not less than 8>> Non@tribalresidents of autonomous districts, if their ,o,ulation isnot below 8>>, may be formed into a se,arate constituencyfor election to the district council 5!ara N0; and &ec 9".% F "0% of A,, A of Assam #e,ort7 .. In matters relatin+ to land ",rovinces other thanAssam%, social customs and villa+e mana+ement, if the TribesAdvisory Council advises that any law ,assed by the,rovincial le+islature should not be a,,lied to a scheduledarea the !rovincial *overnment shall direct accordin+ly The!rovincial *overnment shall have ,owers to direct that anyother le+islation shall not a,,ly to the scheduled areas onthe advice of the Council 5!ara N= F .> and &ec E of A,, C of 'ther Than Assam &ub@Committee #e,ort7 In the case of Assam le+islation on these matters isleft to the district council and ,rovincial laws will nota,,ly unless the district council a,,lies them with orwithout modifications )e+islation ,rohibitin+ theconsum,tion of non@distilled liJuors will also not a,,lyunless the district council a,,lies it 5!ara N.; F &ec )of A,, A of Assam &ub@Committee #e,ort7 .0 If the Tribes Advisory Council so advises,moneylenders in scheduled areas should not be ,ermitted tocarry on business eIce,t under a licence 5!ara N0: F &ec *of A,, C of 'ther Than Assam &ub@Committee Interim #e,ort7 In Assam the district council should have ,owers totake action to license moneylenders and non@tribal tradersif the rules are a,,roved by a ma$ority of three@ fourths of their members/ this is to ,revent the ,ractice of these,rofessions by non@

tribals in a manner detrimental to theinterests of tribals 5!ara N.8 and &ec C of A,, of Assam&ub@Committee #e,ort7 .2 Allotment of waste land in a scheduled area shouldnot be made to non@ abori+inals eIce,t in accordance withrules made by the !rovincial *overnment in consultation withthe Tribes Advisory Council 5!ara N08 and &ec ( of A,, Cof 'ther Than Assam &ub@Committee #e,ort7 .3 Mineral resources in the autonomous districts of assam will be mana+ed by the !rovincial *overnment but thedistrict councils will be entitled to a share of therevenue )icences or leases shall not be +iven out eIce,t inconsultation with the district council 5!ara N.: and &ec Iof A,, A of Assam #e,ort7 .8 The *overnor of Assam should be em,owered to setaside any act or resolution of a district council if thesafety of the country is ,re$udiced/ he should also have,owers to dissolve a council if +ross mismana+ement isre,orted by the commission 5!ara N.= and &ec A F # of A,, A of Assam &ub@Committee #e,ort7 @@@@@@@@@@@ N #eferences to ,a+es, ,aras and sections are to,a+es ,aras and sections in the ori+inal re,orts In ,rovinces other than Assam the *overnor should havethe s,ecial res,onsibility to see that schemes ofdevelo,ment are drawn u, and im,lemented This should been$oined on him by instructions 5!ara N.< of 'ther ThanAssam #e,ort7 .: The Central *overnment should continue toadminister the frontier tracts and tribal areas with the*overnment of Assam as its a+ent until administration hasbeen satisfactorily established over a sufficiently widearea Areas over which administration has beensatisfactorily established may be taken over with thea,,roval of the (ederal *overnment 5&ection N! of A,, A and!ara 0> "a% of Assam &ub@Committee #e,ort7 !rovincial *overnments "other than Assam% should have,owers to make s,ecial re+ulations for the trial of ,ettycriminal and civil cases in scheduled areas, with a view tosim,lify ,rocedure 5&ection NM of A,, A of 'ther Than Assam#e,ort7 .; The estimated revenue and eI,enditure ,ertainin+ toa scheduled area or an autonomous district should be shownse,arately in the ,rovincial bud+et 5!ara N.< F &ection Hof A,, C of 'ther Than Assam &ub@Committee #e,ort and !ara N.3 "b% and &ection M of A,, A of Assam &ub@Committee#e,ort7

.< There shall be a se,arate Minister for tribalwelfare in the C ! , 'rissa and 9ihar 5!ara N0> F &ection) of A,, C of 'ther Than Assam &ub@Committee #e,ort7 InAssam re,resentation for the hill ,eo,le in the Ministryshould be +uaranteed by statutory ,rovision of ,ossible orat least by a suitable instruction in the instrument ofInstructions 5!ara N00/ see also &ection ' "2% of A,, A of assam &ub@Committee #e,ort7 .= (or the ,artially eIcluded areas of the 6 ! anadvisory committee consistin+ of tribals or backward ,eo,leto the eItent of two@thirds of its membershi,, ,rovision to,revent the transfer of land from the abori+inals to non@abori+inals, "eIce,t with s,ecial ,ermission% forre+ulations for the trial of ,etty civil and criminal casesby sim,le ,rocedure, is recommended The revenue andeI,enditure of the area should be shown se,arately in the,rovincial bud+et and there should be a seat reserved in the,rovincial assembly for a tribal from the ,artially eIcludedarea of the MirDa,ur District There should also be,rovision for the (ederal *overnment to call for re,ortsfrom the !rovincial *overnment re+ardin+ the administrationof the areas !arallel ,rovisions are recommended for &,iti F )ahoul"E !un$ab% which should have one seat in the ,rovincialle+islature "!aras N2 F 3 of (inal #e,ort of 'ther ThanAssam &ub@Committee% II 'THE# #EC'MMENDATI'N& 0> Tribal ,anchayats should be encoura+ed wherever,ossible "!ara N00 of Interim #e,ort 'ther Than Assam &ub@Committee% &hiftin+ cultivation should be discoura+ed5!ara N02 of Interim #e,ort of 'ther Than Assam &ub@Committee F !ara N.. of Assam &ub@Committee #e,ort7 Tem,erance ,ro,a+anda should be carried on as ,art of tribalwelfare work 5!ara N03 of 'ther Than Assam &ub@ Committee#e,ort7 0. Tribals should be recruited in due ,ro,ortion toall *overnment services Non@ tribals ,osted to tribal areasshould be selected with care 5!ara N08 of Assam #e,ort and!ara 0. of 'ther Than Assam #e,ort7 @@@@@@@@@@@@@@@@@@@@@@@ N #eferences to a,,endices, ,aras and sections are toa,,endices, ,aras and sections in the ori+inal re,orts &,ecial attention should be ,aid to the recruitment oftribes to the Armed (orces of India 5!ara N: of (inal#e,ort of 'ther Than Assam &ub@Committee7 00 The abolition of the ,owers of &u,urdars "Dudhiarea of MirDa,ur District, 6 ! % to acce,t surrender andmake a reallotment of land is recommended The system

of&ayanas in Caunsar 9awar "6 ! % should be abolished andrevenue collected throu+h officials 02 A +eneral review of the ,owers and functions of ancient systems of villa+e or tribal headmen should beundertaken with a view to removin+ the +rievances of tribalsand the abolition of o,,ressive ,owers and +eneral reform5!ara N; of (inal #e,ort of 'ther Than Assam &ub@Committee7 03 !rovincial *overnments should utilise the servicesof a,,roved non@official or+anisations doin+ welfare workamon+ the tribals, with a view to addin+ to the volume ofdevelo,ment work, by +ivin+ them +rants@in@aid 5!ara N< of(inal #e,ort of 'ther Than Assam &ub@Committee7 08 It should be made com,ulsory for officials ,ostedto abori+inal tracts to obtain a workin+ knowled+e of thelocal lan+ua+e within a reasonable ,eriod 0: !osa ,ayments to the frontier tribes should becontinued 5!ara N0> "c% of Assam &ub@Committee #e,ort7 The ,ace of eItendin+ administration in the frontiertracts should be +reatly accelerated and additional officersa,,ointed where necessary 5!ara N0> "a% of Assam &ub@Committee #e,ort7 The !rovincial *overnment should undertake aneIamination of the ,osition in the frontier tracts with aview to takin+ a decision whether any ,ortion could be takenimmediately by it under ,rovincial administration 5,ara N0>"b% of Assam &ub@Committee #e,ort7 N'TE @ The contents of A,,endiI A of the Assam #e,ort5,a+e .=7 and of A,,endiI NC 5,a+e 227 of this volume mustbe studied for a full ,icture of the constitutional,rovisions recommended 5&ee also ,a+es N2>> @ 20 for&chedule of tribes 7 N #eferences to ,a+es, ,aras and sections are to,a+es, ,aras and sections in the ori+inal re,orts