constituent assembly of india debates (proceedings)- volume vii

Delhi, 25th Sept. 1947.
MINUTE OF DISSENT
A. V. THAKKAR
Chairman.
The Sub-Committee submitted a provisional report prior to visiting Bihar. While submitting that
report I raised a question to the effect that all districts of Chhota Nagpur Division and Santhal Pargana
should be included as Scheduled Areas. During Bihar tour evidence adduced before the Sub-Committee
strongly confirmed my contention that the aforesaid areas deserve to be included as Scheduled Areas.
The evidence including that of Dr. Sachchidananda Sinha strongly support this contention. Inclusion of
the aforesaid tracts as scheduled Areas is strongly warranted.
The 13th October,1947.
[Annexure X]
APPENDIX D
D. N. SAMANTA
Joint Report of the Excluded and Partially Excluded Areas (other than Assam)
Sub-Committee and the North East Frontier (Assam) Tribal and Excluded Areas
Sub- Committee of the Advisory Committee.
In accordance with the ruling of the Chairman, Advisory Committee, we have held a joint meeting of
our two sub-committee. Separate reports have already been submitted by us which in the case of the
Assam Sub-Committee contains final recommendations, and in the case of the other Sub-Committee is
final for the Provinces of Madras, Bombay, Bengal, the Central Provinces and Orissa, and is provisional
for Bihar, the United Provinces and the Punjab which have yet to be visited or in respect of which
witnesses are yet to be examined. The report of the latter Sub-Committee contains however the
framework of the proposals likely to be adopted finally. Although that report is not final for all Provinces,
this joint report is being submitted so that the recommendations could be taken into consideration by the
Advisory Committee, if this is necessary, before the final report is available towards the end of
September. We would further point out that the position of the excluded and partially excluded areas has
undergone a change with the coming into operation of the Indian Independence Act and the adapted
Constitution of 1935. Under the Indian Independence Act so much of the provisions of the Government
of India Act, 1935 as requires a Governor to act in his discretion or exercise his individual judgment
ceases to have effect from the 15th of August. The partially excluded areas are represented in the
legislatures, however inadequately, but in the case of the excluded areas the change implies that they
are brought under the jurisdiction of the Ministry without representation in the legislature. Taking into
account the past history of these tracts, the needs and susceptibilities, of the people and other factors, it
appears desirable that the Provincial Governments should at least be aware of our recommendations as
soon as possible so that their policy may be guided thereby even if other steps are not found necessary
in the Constituent Assembly for their implementation at an early date. We recommend that Provincial
Governments should be advised to take such action as the establishment of District Councils and Tribal
Advisory Councils as may be possible immediately to give effect to the policy recommended by us and to
make such statutory regulations for this purpose as may be necessary.