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New Article 242-A

Mr. President: Dr. Ambedkar, you may move amendment No.372A, regarding the heading.

Shri T.T. Krishnamachari: If No.373 is passed, then the deletion of the heading is consequential.

The Honourable Dr. B.R. Ambedkar: Sir, I move amendment No.373:

“That after Article 242, the following new article be inserted:-

Adjudication of disputes relating to waters of inter state rivers or river valleys.

‘242A. (1) Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter-State river or river valley.

(2) Notwithstanding anything contained in this Constitution, Parliament may, by law, provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint as is referred to in clause (1) of this article.”

Sir, originally this article was provided for Presidential action.  It was thought that these disputes regarding water and so on may be very rare, and consequently they may be disposed of by some kind of special machinery that might be appointed.  But in view of the fact that we are now creating various corporations and these corporations will be endowed with power of taking possession of property and other things, very many disputes may arise and consequently it would be necessary to appoint one permanent body to deal with these questions.  Consequently it has been felt that the original draft or proposal was too hide-bound or too stereo-typed to allow any elastic action that may be necessary to be taken for meeting with these problems.  Consequently I am now proposing this new article which leaves it to Parliament to make laws for the settlement of these disputes.

Shri R.K. Sidhwa: Article 242 is proposed to be deleted, and so how does this new Article 242A come up after article 242?

The Honourable Dr. B.R. Ambedkar:This one only indicates the position.

Mr. President: We have passed Article 242.  Now does any one want to speak on this new Article?  There is no amendment to it.

Shri Brajeshwar Prasad: Mr. President, Sir, I support clause (1) of this article, but I feel that there is no necessity for vesting power into the hands of Parliament to make laws for resolving disputes in connection with Inter-state river and river valleys.  That matter I feel, should have been left in the hands of the President alone.

Mr. President:  Now, I put the new article 242-A to vote:

The question is:

“That article 242-A stand part of the Constitution.”

The motion was adopted
New article 242-A was added to the Constitution.

Mr. President: Amendment No.372A.

The Honourable Dr. B.R. Ambedkar: Sir, I move:

“That the heading above article 239, and articles 239, 240, 241 and 242 be deleted.”

These are covered by article 242-A and therefore are unnecessary.

Mr. President: Does anyone wish to say anything about this amendment?  there is no amendment.  I then put it to the House.

The question is:

“That the heading above article 239, and articles 239, 240, 241 and 242 be deleted.”

The motion was adopted

The heading above article 239, and articles 239, 240, 241 and 242 were deleted.

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