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DILUTION OF FUNDAMENTAL RIGHTS!

On 5th November 1948 Mr. C. Bishwanath Das [Orissa General] spoke in the Constituent Assembly as follows;

“One other item I will state before I receive my seat. It is an important one. I refer specially to the question of Fundamental Rights. Fundamental Rights, specially Section 7 lays down that any act which comes to conflict is the Fundamental Rights, will be swept away and the same section decides the law to include Ordinances, Rules, Regulations and the like that means all the existing Laws, Provincial, Central, as also Parliamentary Laws that are in operation including Regulations and huge number of Codes will swept away by the operation the justiciable portion of the Fundamental Rights. I am asking my Honourable Friend, Dr. Ambedkar, whether he has examined thoroughly implication and effect of these Fundamental Rights on the existing laws, both Central and Provincial. Are you going to create chaos in the Country? I believe it was left either to the Secretariat of the Constituent Assembly or to the Central and the Provincial Government to determine effect and implication of these laws. The British Government before it passed a Constitution Act undertook an examination and implication on the Constitution on the existing laws and after being satisfied with it they provided the Three Different Stages. The First Stage was provided in the Act itself that the existing laws shall continue in operation. The Second was taken by allowing the Authority to take to adaptation of the Act that are in existence and the Third Stage was in providing for the issuing of orders in Council. Nothing of this kind has been attempted here nor the examination of effect upon existing laws undertaken. It was left to me to protest against in April 1947. I said this is unfair to the Country and would bring trouble and misery. Examination was promised and I state that this examination has not yet been undertaken, at least to my knowledge. This examination should be taken up in right earnest. I hope my speech proves that the necessary discussion has not been possible.”

“Now I will take the new Draft of the Preamble to which I strongly object. The Objectives Resolution that we adopted in January 1947 stated that the Constitution is “independent, sovereign, republic.” On 21st February 1948, my Friend, Dr. Ambedkar, changed it into “sovereign, democratic, republic” but we find in another note of 26th October 1948 it has been changed into sovereign, democratic state. I do not know how the Drafting Committee can change the Objectives Resolution that this House passed in January 1947 there we have agreed unanimously as the Preamble should be independent, sovereign, republic and I am one who will oppose the amended Draft Preamble very strongly.

Uncertainty prevailed in the concept of Preamble to the Constitution. 

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