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.CONSTITUENT ASSEMBLY OF INDIA - VOLUME IX Thursday, the 8th September 1949 The Constituent Assembly of-India met in the Constitution Hall, New Delhi, at Nine of the Clock, Mr. President (The Honourable Dr. Rajendra Prasad) in the Chair.

Mr. President : We shall take article 282-B. Shri Brajeshwar Prasad (Bihar: General): Sir, this amendment No. 8 fits in with article 282-B clause (1). The last line of that clause is 'by an authority subordinate to that by which he was appointed'. I want to substitute the words by 'except by an order of the Union Public Service Commission, or, as the case may be, by the State Public Service Commission'. May I move this amendment ?

    Shri T. T. Krishnamachari : I move, Sir, that the question be now put.

    Mr. President : Closure has been moved. The question is :

    "That the question be now put."

                                                                    The motion was adopted.

    Mr. President : I shall now put the amendments to vote. Dr. Ambedkar, do you wish to say anything?

    The Honourable Dr. B. R. Ambedkar : I should like to say one or two words, Sir.

    As I listened to the criticisms made by the various speakers who have moved their amendments, I have come to the conclusion that they have not succeeded in making a clear distinction between two matters which are absolutely distinct and separate : these matters are grounds for dismissal and grounds for not giving notice. This article 282-B does not deal with the grounds of dismissal. That matter will be dealt with by the law that will be made by the appropriate legislature under the provisions of article 282. In what cases a person appointed to the civil service should be dismissed from service would be a matter that would be regulated by law made by Parliament. It is not the purpose of this article 282-B to deal with that matter.

                                                                            The amendment was negatived.

    Mr. President : I put the original amendment of Dr. AmbedkarArticle 282-B.     The question is :

    "That proposed article 282-B stand part of the Constitution."

                                                                                The motion was adopted.

                                                                Article 282-B was added to the Constitution.

    Mr. President : Dr. Ambedkar, would you like to say anything?

    The Honourable Dr. B. R. Ambedkar : Just one word. I think neither Mr. Brajeshwar Prasad nor my friend Dr. Deshmukh, the one in moving the amendment and the other in supporting it, seems to have read carefully the provisions of article 282. Article 282 proceeds by laying down the proposition that the Centre will have the authority to recruit for services which are under the Centre and each State shall be free to make recruitment and lay down conditions of service for persons who are to be under the State service. We have, therefore, by article 282 provided complete jurisdiction. 282C to some extent takes away the autonomy given to the States by article 282, and obviously if this autonomy is subsequently to be invaded, there must be some authority conferred upon the Centre to do so, and the only method of providing authority to the Centre to run into, so to say, article 282 is to secure the consent of two-thirds of the Members of the Upper Chamber. The Upper Chamber is the only body mentioned in article 282. Ex-hypothesi the Upper Chamber represents the States and therefore their resolution would be tantamount to an authority given by the States. That is the reason why these words are introduced in article 282C.