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CIRCUMVENTING PHRASES…

During the debate in the Constituent Assembly Mr.Nazeeruddin Ahmed (Bengal Muslim) spoke this:

“There House has been made to pavilion with the expression “Notwithstanding,” “Anything” in this Article of the Constitution, referring Article 133(3) tabled.”

There are so many “Notwithstanding” scattered throughout the Constitution that one ought to be extremely doubtful about how to interpret a particular Clause. In fact the drafting of the Constitution has been progressing on a hand to  mouth basis from day to day for the reason that familiar device of “Notwithstanding” and “Anything” has been freely introduced here. The more satisfactory way would have been to draft it without these Clause so as to make them not at all neccessary. I do not  know why this “Notwithstanding” has been used in the context. The matter to require clarification.”

This is an instance of British bureaucratic drafting legacy.

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