226 7 Constitution (Third [ RAJYA SABHA ] Amendmen) Bill, 1954 2268 [Mr

226 7 Constitution (Third [ RAJYA SABHA ] Amendmen) Bill, 1954 2268 [Mr. Chairman.] (1) of section 9 of the (v) Notification No. 20/1/54-AIS (II), Salaries and Allowances of Members of dated the 14th September 1954, publishing Parliament Act, 1954. I hereby nominate the the All India Services. (Compensatory following Members from the Rajya Sabha to Allowance) Rules,. 1954. [Placed in serve on the Joint Committee of the Houses Library, see No.. S-335/54.] of Parliament for the purpose of making rules under the said section: (vi) Notification No. 13/2/54-AIS (II), dated the 14th September 1954, publishing 1. Begam Aizaz Rasul. the Indian Police Service (Uniform) Rules, 2. Shri H. C. Dasappa. 1954. [Placed in Library, see No. S- 3. Shri D. Narayan. 336/54.] 4. Shri H. C. Mathur. 5. Shri R. P. N. Sinha. THE CONSTITUTION (THIRD AMENDMENT BILL, 1954 PAPERS LAID ON THE TABLE THE MINISTER FOR COMMERCE AND INDUSTRY (SHRI T. T. KRISHNAMACHARI): NOTIFICATIONS REGARDING ALL INDIA Sir, I move: SERVICES RULES "That this House concurs in the THE MINISTER FOR HOME AFFAIRS recommendation of the Lok Sabha that the AND STATES (DR. K.N.KATJU): Sir, I lay on Rajya Sabha do join in the Joint Committee the Table a copy of each of the following of the Houses oik the Bill further to amend Notifications, under subsection (2) of section the Constitution of India and resolves that 3 of the All India Services Act, 1951: — the following Members of the Rajya Sabha be nominated to serve on the said Joint (i) Notification No. 10/l/54-AIS(II), Committee: dated the 14th September 1954, publishing the Indian Administrative Service (Pay) Shri C. C. Biswas, Rules, 1954. [Placed in Library, see No. S- Shri S. V. Krishnamoorthy RaOv 331/54.] Shri Biswanath Das, (ii) Notification No. 10/2/54-AIS (II), Shri Fakhruddin Ali Ahmed, dated the 14th September 1954, publishing Dr. W. S. Barlingay, the Indian Police Service (Pay) Rules. 1954. [Placed in Library. iee No. S- Shri Jagan Nath Kaushal, 332/54.] Shri Chandulal P. Parikh, Shri R. C. Gupta, (iii) Notification No. 28/1/54-AIS (II), Shri Rajagopal Naidu, dated the 14th September 1954, publishing the All India Services (Travelling Shrimati Parvathi Krishnan, Allowances) Rules, 1954. [Placed in Shri H. C. Mathur, Library, see No. S-333/ 54.] Shri B. C. Ghose." (iv) Notification No. 6/1/54-AIS (II), dated Sir, in making this motion, I would like to the 14th September 1954, publishing the All take the House to the history behind this India Services (Medical Attendance) Rules, particular Bill to amend the Constitution. One 1954. [Placed in Library, see No. S-334/ 54.] has not to go very deep into the history of our Constitution and its working and all that hon. Members have to do is t» refer to article 369 and deduce there- 2269 Constitution (Third [ 15 SEP. 1954 ] Amendment) Bill, 1954 2270 Irom the patent fact that the powers vested in of India might be able, by means ol Parliament and the Government of India so far interpretation, to exercise some kind-of under article 369 will lapse on the 25th control in regard to trade and' movements January 1955. Sir, article 369 mentions a of commodities within a State in so far as large list of commodities in respect of which they affect the inter-State position. Again, Sir, the powers of the Union as well as the State in view of the responsibility of the Government would be as if they were in the Government, by virtue of the fact that entries Concurrent List, notwithstanding the fact that 52. and 54 are in List I, namely industries, and the distribution is different or they fell in List minerals, there mignt be some incidental, I or List II. ancillary and supplemen.--tary powers that will have to be exercised by the Government in regard, to raw materials needed by these 12 NOON industries. While it is fairly patent. that It happens that in regard to several in regard to movement of commodities there commodities powers already exist with the should be actual movement and that the Union; under entries 52 and 54 of List I, manufacturer would not come within the scope Parliament can by law declare that certain of Government's control unless it is commodities are of national importance and covered by powers vested in Ihe Government therefore, the control of these commodities of India under entries 52 and 54, there are should be vested in the Centre for certain things which the Government of India safeguarding public interest. There is a residue have to do. They have to exercise the control, which is covered by the present Bill. The as ancillary or incidental to certain, residue happens to be those items under sub- powers vested in them. For instance, in clauses (b), (c), (d) and (e). Sub-clause (b) is excise regulations that the Government impose foodstuffs, including edible oilseeds and oils; on particular commodities it takes us almost to (c) is cattle fodder, including oilcakes and the point of the-grower dealing with the other concentrates; (d) is raw cotton, whether commodities. Regarding the excise on tobacco, ginned or un-ginned, and cotton seed; and (e) we have to control the movement of is raw jute. I would also like to tell the House tobacco within the State because that is that the commodity under (e) does not find a necessary; for the purpose of collecting excise place in the commodities listed under article some kind of a check-has to be put in and so it 369; it is a new addition. There is yet another might be construed by hon. Members that slight variation in regard to entry 33 in this the Government is not altogether without Bill to which I would refer later. The position powers to control some of these commodities as it would obtain after the 25th January 1955 even though there is no specific will be that the Government of India will have provision in the Constitution after the 25th no specific powers in regard to the January 1955 to enable the Government of commodities listed under (b), (c), (d) and (e). India so to act. Yet another poiht that It does not necessarily mean that there might would be mentioned is that the framers of the not be an area in which some power might be Constitution in their wisdom have made exercised by the Government of India. Articles a provision—article 249—by which 301 and 302 give the Government general Government could approach this House to powers in regard to trade and commerce in enable them to use the powers over certain respect of inter-State trade as well as intrastate commodities which norrrally fall within ths trade. There are certain aspects of inter-State State sphere, or rather certain powers trade which detract the position of intra-state which normally fall within the State sphere to trade and it may be that the Government be exercised by the Centre for a period of one year after obtaining the express permission of this. -2271 Constitution (Third [ RAJYA SABHA ] Amendment) Bill, 1954 2272 [Shri T. T. Krishnamachari.] House under event, the Committee has not been able to article 249. We do recognise, Sir, that visualise that the need for exercise of those such a provision does exist; nonetheless, powers would be of a temporary nature this Bill has .been brought before the House. covering only one or two years. In fact the Committee felt that this was a power which Sir, it is not a question of an arbitrary was necessary for the Government of India to decision by the Government of India that exercise in the interests of the maintenance of entry 33 of List III should be so amended as to the economy of the country, and in the embrace within its scope the entries interests of the maintenance of the industries enumerated under article 369 which fall into to which some of these commodities relate. desuetude after the 25th January 1955. Hon. Members might be aware of the fact that Sir, the Committee made two suggestions: pursuant to a promise that I made on the One suggestion was that entries 26 and 27 floor of Parliament, we appointed a in List II should be transferred to the committee to investigate into the exercise of Concurrent List. Entries 26 and 27 relate to controls by the Government ot' India, called more or less the residual power in the hands the Commodities Controls Committee of the States, power which has not been which was presided over by no less a person grasped or taken over by the Central than the Deputy Chairman of this august Government and by Parliament by the House. The Committee went into the exercise of powers under entries 52 and 54 utmost detail in regard to the various facets of List I. Entries 26 and 27 read thus: of control exercised by the Government of Entry 26: Trade and commerce within the India and by the State Governments; it State subject to the provisions of entry 33 of examined the representatives of the List III. Entry 27: Production, supply and State Governments, the representatives of distribution of goods subject to the provisions the Planning Commission and also of entry S3 of List III. List III, as hon. concerned interests in trade find Members will realise, is based on entries 52 commerce, not to speak of the and 54 of List I. The Committee several Government officials who itself thought that that might be rather assisted it in coming to a conclusion.

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