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This negotiation contains a selection of mini-models designed to provide an insight into the ongoing work of PACT and to demonstrate Quill's approach to visualising the archive material and tracking the process of negotiation. It differs from our usual approach in that we will be presenting only certain documents and moments in isolation, rather than including everything tabled during the course of a negotiation. This collection is still under construction, and we will be regularly adding small amounts of new material.
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Constituent Assembly Debates
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Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: The question is: “That for the existing proviso to article 3, the following proviso be substituted:— ‘Provided that no Bill for the purpose shall be introduced in either House of Parliament except on the recommendation of the... Thursday November 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: The question is: “That the Constituent Assembly do proceed to take into consideration the Draft Constitution of India settled by the Drafting Committee appointed in pursuance of the resolution of the Assembly dated the 29th day of... Monday November 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following Members then presented their credentials and signed their names in the Register:— [...] BENGAL [...] 2. Dr. B. R. Ambedkar. Monday December 1946Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Draft Constitution by the Drafting Committee Thursday November 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Motion to Consider the Draft Constitution Thursday November 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Draft Constitution as Considered by the Constituent Assembly Monday November 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 1 Monday November 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following Members then presented their credentials and signed their names in the Register:— [...] UNITED PROVINCES [...] 2. The Hon'ble Pt. Govind Ballabh Pant. Monday December 1946Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Motion to Postpone Article 1 Wednesday November 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: That Article has been postponed. It cannot be put to vote now till all the amendments are considered. Wednesday November 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 2 Wednesday November 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Then the question before the House is that Article 2 form part of the Constitution. The motion was adopted. Article 2, was added to the Constitution. Wednesday November 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 3 Wednesday November 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following Members then presented their credentials and signed their names in the Register:— MADRAS [...] 16. Sri K. Santhanam. Monday December 1946Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 3: Amendment 143 (K. Santhanam) Wednesday November 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 3: Amendment 143 (K. Santhanam): Ambedkar's Amendment Wednesday November 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The Honourable Shri K. Santhanam: I am agreeable to the change. Wednesday November 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: the question is: “That in clause (a) of article 3, the following words be added at the end: ‘for by uniting any territory to a part of any State’.” The motion was adopted. Wednesday November 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 3: Amendment 150 (Ambedkar) Wednesday November 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: [...] The question is: “That Article 3, as amended, form part of the Constitution.” The motion was adopted. Thursday November 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
[Editors' Note: Between this date and 1 December 1948, the Constituent Assembly considered and adopted other articles to the Draft Constitution before taking up the Freedom of Speech clause, numbered Article 13 in the Drafting Committee's Draft... Thursday November 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13 Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following Members then presented their credentials and signed their names in the Register:— [...] UNITED PROVINCES [...] 13. Shri Damodar Swarup Seth, M.L.A. (Central). Monday December 1946Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The Constituent Assembly of India met in the Constitution Hall, New Delhi, at Ten of the Clock, Mr. President (The Honourable Dr. Rajendra Prasad) in the Chair. PRESENTATION OF CREDENTIALS AND SIGNING OF THE REGISTER The following Member presented... Friday July 1947Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following, Members then presented their Credentials and signed their names in the Register: [...] Bombay [...] 8. Pandit Lakshmi Kanta Maitra Monday July 1947Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 415 (Maitra/Chattopadhyay) Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 412 (Seth) Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following, Members then presented their Credentials and signed their names in the Register: [...] Bombay [...] 16. Mr. Nazirudin Ahmad Monday July 1947Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Naziruddin Ahmad (West Bengal: Muslim): I submit that this is a drafting amendment. Mr. Vice-President: Proceed, Mr. Chattopadhyay. Shri Mihir Lal Chattopadhyay: Moreover, this section deals with Fundamental Rights and there should be positive... Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Monday, the 20th January, 1947 The Constituent Assembly of India met in the Constitution Hall, New Delhi, at Eleven of the Clock, Mr. President (The Hon'ble Dr. Rajendra Prasad) in the Chair. __________________________ PRESENTATION OF CREDENTIALS... Monday January 1947Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Monday, the 28th April 1947 The Third Session of the Preliminary Meeting of the Constituent Assembly of India commenced in the Constitution Hall, New Delhi, at Eleven of the Clock, Mr. President (The Hon'ble Dr. Rajendra Prasad) in the... Monday April 1947Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 416 (Shah) Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 428 (Ahmad) Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 421 (Shah) Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Point of Order Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Naziruddin Ahmad: I had carefully thought about this objection, Sir, and I was just going to mention the difficulty of that view. That is the only reason why I have come here to move the amendment. Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Proceed. Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following Members then presented their credentials and signed their names in the Register:— [...] C.P. AND BERAR [...] 7. Mr. Hari Vishnu Kamath. Monday December 1946Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: I will not allow you to make any reference to what happened yesterday. Shri H. V. Kamath: Before I come to the amendment itself may I say a word as to an important omission which has been made before article 13? I find from the... Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
TAKING THE PLEDGE AND SIGNING THE REGISTER The following members took the Pledge and signed the Register: 1. Mr. Mohamed Ismail Sahib (Madras: Muslim). Friday November 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 440 (Ismail) Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Naziruddin Ahmad: Sir, all that I wish to convey by means of this amendment is that the people’s freedom of speech, freedom of forming associations or unions, and moving freely throughout the territory and residing in any place, should be subject... Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 438 (Kamath) Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following Members then presented their credentials and signed their names in the Register:— MADRAS [...] 42. Sri C. Subrahmanyam. Monday December 1946Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Point of Order Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: It is no point of order. Mr. Mohammed Ismail Sahib may continue his speech. Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following Members presented their Credentials and signed the Register: [...] 4. Pandit Thakur Das Bhargava (East Punjab). Tuesday July 1947Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following, Members then presented their Credentials and signed their names in the Register: Madras [...] 3. Mahboob Ali Baig Sahib Bahadur Monday July 1947Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Request for More Time Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Sorry, you cannot have time without my permission. At the proper time, I would request you to finish and take your seat. I hope you will respect my wishes. Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following Members then presented their credentials and signed their names in the Register:— MADRAS [...] 2. Dr. B. Pattabhi Sitaramayya. Monday December 1946Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following Members then presented their credentials and signed their names in the Register:— MADRAS [...] 10. Sri M. Ananthasayanam Ayyangar, M.L.A. (Central). Monday December 1946Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following Members then presented their credentials and signed their names in the Register:— [...] BOMBAY [...] 4. Mr. K M. Munshi. Monday December 1946Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Mohamed Ismail Sahib: It is really true that I made a similar proposal when the directive principles were under discussion. I made it clear that this question of personal law ought really to come under the chapter Fundamental Rights and I also said... Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Point of Order Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Do you want that he should read over the amendment? I overlooked it. Mr. Munshi. That for clause (2) of article 13, the following be substituted:— “Nothing in sub-clause (a) of clause (1) of this article shall affect the operation... Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 502 (Ismail) Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mahboob Ali Baig Sahib Bahadur: Sir, it is these wide considerations that were responsible for the deletion of such clauses by this august Assembly on the 30th April, 1947, when Sardar Patel who was the Chairman of the Committee to report on... Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Point of Order Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: I think amendments to amendments can be permitted up to the time when the amendment is moved. I understand that this was placed on the table before each member. Shri K. M. Munshi: Really speaking, the original amendments numbers... Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Go on, Mr. Munshi. Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following Members then presented their credentials and signed their names in the Register:— [...] UNITED PROVINCES [...] 4. The Hon'ble Pt. Hirday Nath Kunzru. Monday December 1946Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following Members then presented their credentials and signed their names in the Register:— [...] BIHAR [...] 13. Mr. A. K. Ghosh, M.L.A. Monday December 1946Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 449 (Ahmad) Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 454 (Bhargava) Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Shri C. Subramaniam: Questions of personal liberty come only under article 15. They are irrelevant under this article. It is article 15 that deals with personal liberty thus: “No person shall be deprived of his life or personal liberty except according... Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: How can you deal with a thing unless it is moved by Dr. Ambedkar? Pandit Thakur Dass Bhargava: In the first instance, a resolution has been passed by this House that all amendments shall be taken as moved without being formally... Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Pandit Thakur Dass Bhargava: Thank you. I was speaking of the effect of the words—“affect the operation of any existing law, or” and I submitted to the House that so far as the words of article 8 go, even if these words are not there, all the present... Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Point of Order Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: It seems to me that what Dr. Ambedkar really seeks to do is to retain the original clauses with certain qualifications. Therefore I rule that he is in order. Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Shri H. V. Kamath: This will have the effect of negativing the original amendment. Mr. Vice-President: Kindly take your seat. Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following, Members then presented their Credentials and signed their names in the Register: [...] Bihar [...] 41. Mr. Mohd. Tahir Monday July 1947Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 445 (Shah) Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following, Members then presented their Credentials and signed their names in the Register: [...] Bihar [...] 39. Mr. Saiyid Jafar Imam Monday July 1947Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following Members then presented their credentials and signed their names in the Register:— [...] BIHAR [...] 20. Rai Bahadur Syamanandan Sahaya, M.L.A., C.I.E. Monday December 1946Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 476 (Ambedkar) Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 489 (Tahir/Imam) Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 447 (Baig) Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 453 (Sitaramayya/Ayyangar) Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 497 (Ambedkar) Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following, Members then presented their Credentials and signed their names in the Register: [...] C.P. & Berar 42. Kazi Syed Karimuddin Monday July 1947Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following, Members then presented their Credentials and signed their names in the Register: [...] East Punjab [...] 34. Chaudhuri Ranbir Singh Monday July 1947Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following, Members then presented their Credentials and signed their names in the Register: [...] East Punjab [...] 37. Prof. Yashwant Rai Monday July 1947Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following Members then presented their credentials and signed their names in the Register:— [...] UNITED PROVINCES [...] 14. Shri Algu Rai Shastri, M.L.A. Monday December 1946Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following Members then presented their credentials and signed their names in the Register:— [...] UNITED PROVINCES [...] 21. Shri Gopal Narain, M.L.A. Monday December 1946Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following Members then presented their credentials and signed their names in the Register:— MADRAS [...] 17. Sri T. T. Krishnamachari. Monday December 1946Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 453 (Sitaramayya/Ayyangar): Munshi's Amendment Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Monday, the 28th April 1947 The Third Session of the Preliminary Meeting of the Constituent Assembly of India commenced in the Constitution Hall, New Delhi, at Eleven of the Clock, Mr. President (The Hon'ble Dr. Rajendra Prasad) in the... Monday April 1947Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The Honourable Dr. B. R. Ambedkar (Bombay: General): Sir, if I might interrupt my honourable friend, I have understood his point and I appreciate it and I undertake to reply and satisfy him as to what it means. It is therefore unnecessary for him to... Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 454 (Bhargava): Bhargava's Amendments Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following Members then presented their credentials and signed their names in the Register:— [...] ORISSA [...] 5. Sri Lakshminarayan Sahu, M.L.A. Monday December 1946Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following Members then presented their credentials and signed their names in the Register:— [...] BIHAR [...] 11. Mr. Deshbandhu Gupta, M.L.A. (Central). Monday December 1946Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Pandit Hirday Nath Kunzru: (United Provinces: General): Sir, may I request Mr. Munshi to read out his amendment, once again? What is it an amendment to? Shri K. M. Munshi: This is an amendment to amendment No. 453, on page 29. In effect, it combines... Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following Members then presented their credentials and signed their names in the Register:— [...] C.P. AND BERAR [...] 5. Seth Govinddas, M.L.A. (Central). Monday December 1946Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Sardar Bhopinder Singh Man (East Punjab: Sikh): *[Mr. Vice-President, I regard freedom of speech and expression as the very life of civil liberty, and I regard it as fundamental. For the public in general, and for the minorities in particular, I attach... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following Members then presented their credentials and signed their names in the Register:— [...] BIHAR [...] 22. Mr. Jaipal Singh. Monday December 1946Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Mr. Hanumanthaiya. Kazi Syed Karimuddin: (C. P. & Berar: Muslim): I have not caught your eye, Sir. Mr. Vice-President: Unfortunately, I have only two eyes. They will be turned to your side the next time. An Honourable Member: Why... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following Members then presented their credentials and signed their names in the Register:— [...] UNITED PROVINCES [...] 41. Shri Vishwambhar Dayal Tripathi, M.L.A. Monday December 1946Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 450 (Singh) Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Shri Brajeshwar Prasad (Bihar: General): I rise to support article 13 with all its reservations and safeguards. These restrictions are necessary in our national interest. Let me adduce the reasons for saying so. An Honourable Member: Is the honourable... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 451 (Baig) Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 454 (Bhargava): Ambedkar's Amendment Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 458 (Tahir/Imam) Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following Members then presented their credentials and signed their names in the Register:— [...] ASSAM [...] 6. Srijut Rohini Kumar Chaudhury, M.L.A. (Central). Monday December 1946Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following Members then presented their credentials and signed their names in the Register:— [...] BIHAR [...] 21. Mr. Brajeshwar Prashad. Monday December 1946Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The Honourable Dr. B. R. Ambedkar: From the speeches which have been made on article 13 and article 8 and the words “existing law” which occur in some of the provisos to article 13, it seems to me that there is a good deal of misunderstanding about... Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following Members then presented their credentials and signed their names in the Register:— [...] UNITED PROVINCES [...] 36. Shri Shibban Lall Saksena. Monday December 1946Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following Members then presented their credentials and signed their names in the Register:— [...] C.P. AND BERAR [...] 13. Mr. H. J. Khandekar. Monday December 1946Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Shri H. J. Khandekar (C. P. and Berar: General): *[Mr. Vice-President, I rise to submit to the House my views on article 13. I believe that if the man-in-the-street were to read this article up to sub-clause (g) he would most likely begin to believe... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Shri M. Ananthasayanam Ayyangar: [...] So far as the communal point is concerned, there is an amendment here which requires it to be included as a fundamental right. I am afraid it is not possible to do so. There is provision made in the Penal Code... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Shri M. Ananthasayanam Ayyangar: [...] As regards freedom of thought, I am surprised to see an amendment moved saying that freedom of thought ought to be allowed. Nobody can prevent freedom of thought. It is a fundamental right. It is only freedom of... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 467 (Sahaya) Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 483 (Singh) Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 485, Part II (Rouf) Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 491 (Ambedkar) Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 500 (Tahir) Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following Members then presented their credentials and signed their names in the Register:— [...] BIHAR [...] 5. Mr. Satyanarayan Sinha, M.L.A. (Central). Monday December 1946Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Motion for Closure Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Honourable Members: Yes, yes. Mr. Vice-President: Then I call upon Dr. Ambedkar to reply. Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The Honourable Dr. B. R. Ambedkar (Bombay: General): Mr. Vice-President, Sir, among the many amendments that have been moved to this article 13, I propose to accept amendment No. 415, No. 453 as amended by amendment No. 86 of Mr. Munshi, and amendment... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: And then? The Honourable Dr. B. R. Ambedkar: Then I accept No. 453 as modified by amendment No. 86, and amendment No. 49 in List I as modified by the amendment of Pandit Thakur Dass Bhargava which introduces the word ‘reasonable’. Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Amendment No. 415. I understand it has been accepted by Dr. Ambedkar. The question is: “That in clause (1) of article 13, the words “Subject to the other provisions of this article” be deleted.” The amendment was adopted. Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Shri Jaipal Singh (Bihar: General): Mr. Vice-President, Sir. So far as I am concerned, this particular article in no way frightens me, although the various fundamental rights have been hedged in by so many exceptions. To me it is obvious that whatever... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Second part of amendment No. 416. The first part of the amendment has been already blocked as amendment No. 415 has been accepted. The question is: “That in clause (1) of article 13, after the words “all citizens shall have” the... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Kazi Syed Karimuddin: [...] Apart from that, two amendments have been moved, one by Mr. Mohamed Ismail and the other by Mr. Tahir. My submission is that both these amendments are very innocent and both these are very necessary for the protection of the... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Kazi Syed Karimuddin: [...] The amendment of Mr. Tahir is very important and I feel that every Member of the Constituent Assembly must realize that it is important because we have seen after 15th August, whether Muslims are responsible or the Hindus... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Maulana Hasrat Mohani (United Provinces: Muslim): *[...] I would like to submit my third point in few words, namely, regarding Mr. Ismail’s amendment which has been supported by several members. I would like to say that any party, political or... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 420 (Ahmad) Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 422 (Sahu) Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Amendment No. 420. The question is: “That before sub-clause (a) of clause (1) of article 13, the following new sub-clause be inserted:— “(a-1) to freedom of thought;” The amendment was negatived. Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Amendment No. 421. The question is: “That in sub-clause (a) of clause (1) of article 13, after the word “expression”, the words “of thought and worship; of press and publication;” be added.” The amendment was negatived. Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Amendment No. 422. The question is: “That at the end of sub-clause (a) of clause (1) of article 13, the words “both in the Press and the Platform” be inserted.” The amendment was negatived. Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Amendment No. 428. The question is: “That at the end of sub-clause (c) of clause (1) of article 13, the words “for any lawful purpose” be inserted.” The amendment was negatived. Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 429 (Ahmad) Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Chaudhari Ranbir Singh (East Punjab: General): Mr. Vice-President, Sir, I am not in agreement with those who are for abolition of these provisions from the text during the transitional period. This is why I gave notice of two more provisions to article... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Maulana Hasrat Mohani (United Provinces: Muslim): *[...] Another point which I should like to submit is that the amendments of both Mr. Ismail and Prof. Shah are of similar nature. As regards personal rights and liberty I would like to say that so long... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Shri Rohini Kumar Chaudhari:: [...] It is now my misfortune to have to say a few words about Professor Shah’s amendment No. 416. It is very easy, I should say much easier, to deal with one who writes out his amendments and thinks over them. But it is... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Amendment No. 429. The question is: “That in sub-clause (d) of clause (1) of article 13, after the words “move freely” the words “in a lawful manner” be inserted.” The amendment was negatived. Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Maulana Hasrat Mohani (Cheers) I am glad the House recognises the excellent services rendered by Maulana Hasrat Mohani to this country. He was the first to stand for total independence of our Mother-Land. Maulana Hasrat Mohani... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Prof. Shibban Lal Saksena (United Provinces: General): [...] One thing more I want to say. Mr. Kamath in his amendment wants the right to bear arms. In most Constitutions throughout the world this right has been recognised. We ourselves throughout... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 430 (Ahmad) Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Amendment No. 430. The question is: “That in sub-clause (e) of clause (1) of article 13, after the words “and settle” the words “in a lawful manner” be inserted.” The amendment was negatived. Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 432 (Ahmad) Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Amendment No. 432. The question is: “That in sub-clause (g) of clause (1) of article 13, after the words “or business” the words “in a lawful manner” be inserted.” The amendment was negatived. Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Amendment No. 438 as modified by amendment No. 79 of List II. The question is: “That for amendment No. 438 of the List of amendments, the following be substituted:— “That after sub-clause (g) of clause (1) of article 13, the... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Amendment No. 440. The question is: “That after sub-clause (g) of clause (1) of article 13, the following new sub-clause be added:— (h) to follow the personal law of the group or community to which he belongs or professes to... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Prof. Shibban Lal Saksena (United Provinces: General): Mr. Vice-President, this article may be truly stated to be the charter of our liberties and this is probably the most important article in the whole Draft Constitution. In the original form in... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Shri M. Ananthasayanam Ayyangar (Madras: General): [...] Then my friend, Mr. Kamath wanted that we should have the right to bear arms and that this right should be put in the Fundamental Rights. It is true that for a long time the Congress has been... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Amendment No. 445. I shall explain one thing. Honourable Members will note that I am calling out the amendments in the order in which they were moved. That is why the numbers are not consecutive. Amendment No. 445. The question... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Amendment No. 447. The question is: “That clauses (2) to (6) of article 13 be deleted and the following proviso be added to clause (1):— ‘Provided, however, that no citizen in the exercise of the said right, shall endanger the... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Amendment No. 453 as modified by amendment No. 86 of List IV. I understand it has been accepted by Dr. Ambedkar. Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Amendment No. 453 as modified by amendment No. 86 of List IV. I understand it has been accepted by Dr. Ambedkar. The question is: “That for clause (2) of article 13, the following be substituted:— ‘(2) Nothing in sub-clause (a)... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Shri T. T. Krishnamachari (Madras: General): [...] Sir, I would like to say this that the amendments proposed by my honourable Friend Dr. Ambedkar particularly to clauses (4), (5) and (6) are a great improvement on the original draft and my own view is... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Amendment No. 449. The question is: “That after clause (1) of article 13, the following new clause be inserted:— ‘(1-A) Nothing in sub-clause (a) shall affect the operation of any existing law or prevent any State from making any... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Amendment No. 450. The question is: “That clauses (2), (3), (4), (5) and (6) of article 13 be deleted.” The amendment was negatived. Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: The second alternative in amendment No. 451. The question is: “That the following words be inserted at the beginning of clauses (2), (3), (4), (5) and (6) of article 13:— ‘Without prejudice and subject to the provisions of... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 452 (Shah) Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Amendment No. 452. The question is: “That clauses (2), (3), (4), (5) and (6) of article 13 be deleted.” The amendment was negatived. Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Shri Deshbandhu Gupta (Delhi): *[Mr. Vice-President, I have had an opportunity once before of representing my views on the recommendations of the Drafting Committee. I was not at that time in a position to congratulate my Friend, Dr. Ambedkar and the... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Amendment No. 458. The question is: “That in clause (2) of article 13, after the word “sedition” the words “communal passion” be inserted.” The amendment was negatived. Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 465 (Karimuddin) Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Amendment No. 465. The question is: “That clauses (3) and (4) of article 13 be deleted.” The amendment was negatived. Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 478 (Musafir/Lal) Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following, Members then presented their Credentials and signed their names in the Register: [...] East Punjab [...] 31. Gyani Gurmukh Singh Musafir Monday July 1947Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Amendment No. 478. The question is: “That clause (5) of article 13 be deleted.” The amendment was negatived. Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Shri M. Ananthasayanam Ayyangar (Madras: General): [...] Then there are certain amendments which have been given for adding to the fundamental rights that have been set out. They require some detailed consideration. The foremost of those amendments... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The Honourable Dr. B.R. Ambedkar: [...] Now, Sir, coming to the other amendments and the point raised by the speakers in their speeches in moving those amendments, I find that there are just a few points which call for a reply. With regard to the... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: I shall now put the amendments which have been moved, which number thirty, to the vote one by one. Amendment No. 412. The question is: “That for article 13, the following be substituted:— “12. Subject to public order or morality... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Amendment No. 454 as modified by amendment No. 89 of List I. I understand it has been accepted by Dr. Ambedkar. Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: The question is: “That in clauses (3), (4), (5) and (6) of article 13, before the word “restrictions” the word “reasonable” be inserted.” The amendment was adopted. Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Amendment No. 467. The question is: “(1) That in clause (3) of article 13, after the word “restrictions” the words “for a defined period” be added.” I think the ‘Ayes’ have it. Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 474 (Sahaya) Wednesday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: I put amendment No. 474 to vote. The question is: “That in clause (4) of article 13 after the word “restrictions” the words “for a defined period” be added.” The amendment was negatived. Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The Honourable Dr. B. R. Ambedkar: [...] I will therefore take up the other points. Most of them have also been dealt with by my friend, Mr. Ananthasayanam Ayyangar and if, Sir, you had not called upon me, I would have said that his speech may be taken... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Amendment No. 502. The question is: “That after clause (6) of article 13, the following new clauses be added:— “(7) Nothing in clauses (2) to (6) of this article shall affect the right guaranteed under sub-clause (h) of clause... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Amendment No. 476. The question is: “That in clause (4) of article 13, for the words “the general public” the words “public order or morality” be substituted.” The amendment was adopted. Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Amendment No. 483. The question is: “That in clause (5) of article 13, after the words “existing law” the word “which is not repugnant to the spirit of the provisions of article 8” be inserted.” The amendment was negatived. Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 485, Part I Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Amendment No. 485. The question is: “That in clause (5) of article 13, the words “affect the operation of any existing law, or” be deleted.” The amendment was negatived. Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The Honourable Dr. B. R. Ambedkar: Coming to the question of saving personal law, I think this matter was very completely and very sufficiently discussed and debated at the time when we discussed one of the Directive Principles of this Constitution... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Amendment No. 454 as modified by amendment No. 89 of List I. I understand it has been accepted by Dr. Ambedkar. The question is: “That with reference to amendment No. *454 of the List of amendments— (i) in clauses (3), (4), (5)... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: [...] But before I declare the result finally I must point out that there is some kind of misunderstanding. Let me read the amendment. It was moved by Mr. Syamanandan Sahaya: “That in clause (3) of article 13, after the word... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: I put No. 485 (second part), to vote. The question is: “That in clause (5) of article 13, for the word “State” the word “Parliament” be substituted.” The amendment was negatived. Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Amendment No. 489. The question is: “That in clause (5) of article 13, the word ‘either’ and the words ‘or for the protection of the interests of any aboriginal tribe’ be omitted.” The amendment was negatived. Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Amendment No. 491. The question is: “That in clause (5) of article 13, for the word “aboriginal” the word “Scheduled” be substituted.” The amendment was adopted. Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: Amendment No. 497. The question is: “That in clause (6) of article 13, for the words “morality or health” the words “the general public” be substituted.” The amendment was adopted. Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President: I put amendment No. 500 to vote. The question is: “That after clause (6) of article 13, the following new clause be added: ‘(7) The occupation of beggary in any form or shape for person having sound physique and perfect health... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. Vice-President : The question is: “That article 13 in the form in which it emerges after the different amendments which have been passed here stand part of the Constitution.” Article 13, as amended, was adopted. Article 13, as amended, was added... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The Honourable Dr. B. R. Ambedkar: [...] Now, Sir, my friend, Mr. Jaipal Singh asked me certain questions about the Adibasis. I thought that that was a question which could have been very properly raised when we were discussing the Fifth and the Sixth... Thursday December 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. President: There is an amendment by Prof. Saksena. I do not understand it. Will he explain it? Prof. Shibban Lal Saksena: (United Provinces: General) For “contempt of court” read “or contempt of court”. That has been omitted by inadvertence. Shri... Monday October 1949Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following Members then presented their credentials and signed their names in the Register:— [...] BIHAR 1. The Hon'ble Dr. Rajendra Prasad. Monday December 1946Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following Members then presented their credentials and signed their names in the Register:— [...] C.P. AND BERAR [...] 4. Mr. Rustom Khurshedji Sidhwa, M.L.A. Monday December 1946Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following Members then presented their credentials and signed their names in the Register:— [...] ORISSA [...] 6. Mr. B. Das. Monday December 1946Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Shri B. Das: (Orissa: General): Sir, I seek your protection from the tyranny of the Drafting Committee. The Fundamental Rights were passed by us with great solemnity—I am not a lawyer, but being a common man I understand the Fundamental Rights given to... Monday October 1949Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. President: Then I will put these two amendments to vote. As a matter of fact, Pandit Thakur Das Bhargava’s amendment is not an amendment to Mr. Krishnamachari’s amendment, it is independent altogether. I will put them separately. First I Put Mr.... Monday October 1949Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 415 (Krishnamachari) Monday October 1949Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Article 13: Amendment 435 (Bhargava) Monday October 1949Committee: Evolution of the Free Speech Clause in the Constituent Assembly
An Honourable Member: Law is always reasonable. Pandit Thakur Das Bhargava: The law has been defined only as a measure which is passed by the legislature. The law can be both reasonable as well as unreasonable. The law that all blue eyed persons be... Monday October 1949Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following Members presented their Credentials and signed the Register: (1) Shri K. Hanumanthiah (Mysore State); Tuesday January 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
SIGNING OF THE REGISTER The following member signed his name in the Register:— Mr. Syed Abdul Rouf Monday August 1947Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Pandit Thakur Das Bhargava: [...] Now coming to the amendment of Mr. T. T. Krishnamachari he wants that the words “contempt of court” be added after the word “defamation” in article 13(2) and the clause would read thus: “Nothing in sub-clause (a) of... Monday October 1949Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Pandit Thakur Das Bhargava: [...] If you kindly see the six clauses of article 13, you will find the words “reasonable restrictions”. But in clause (2) there are no such words “reasonable restrictions”, which means that a legislature has been given... Monday October 1949Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Shri R. K. Sidhwa: Mr. President, Sir, this amendment relates to article 13 clause (1) (a). Clause (1)( a) says, All citizens shall have the right to freedom of speech and expression. Clause (2) imposes a restriction on making speeches and using any... Monday October 1949Committee: Evolution of the Free Speech Clause in the Constituent Assembly
The following Member presented his Credentials and signed the Register:— Shri Krishna Chandra Sharma (United Provinces: General) Tuesday January 1948Committee: Evolution of the Free Speech Clause in the Constituent Assembly
Mr. President : Then I will put the amendment of Pandit Thakur Das Bhargava. The question is: “That at the end of the amendment No. 415 of list XVIII (second Week), the following be added: ‘That for the words ‘any law’ the words ‘any reasonable law’... Monday October 1949