This negotiation contains a selection of mini-models designed to provide an insight into the ongoing work of PACT and to demonstrate Quill's approach to visualising the archive material and tracking the process of negotiation. It differs from our usual approach in that we will be presenting only certain documents and moments in isolation, rather than including everything tabled during the course of a negotiation. This collection is still under construction, and we will be regularly adding small amounts of new material.
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National Archives of India
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Committee: Negotiation of Article 39 in the Advisory Subcommittee on Fundamental Rights
Draft Report of the Sub-Committee on Fundamental Rights (official) Thursday April 1947Committee: Negotiation of Article 39 in the Advisory Subcommittee on Fundamental Rights
Present: Acharya J.B. Kripalani Sir Alladi Krishnaswami Ayyar Sardar Harnam Singh Prof. K.T. Shah Mr. K.M. Munshi Rajkumari Amrit Kaur Mr. M.R. Masani Mrs. Hansa Mehta (who has been nominated to the sub-committee.) Monday March 1947Committee: Negotiation of Article 39 in the Advisory Subcommittee on Fundamental Rights
Present: Acharya J.B. Kripalani Sir Alladi Krishnaswami Ayyar Sardar Harnam Singh Prof. K.T. Shah Mr. K.M. Munshi Rajkumari Amrit Kaur Mr. M.R. Masani Mrs. Hansa Mehta (who has been nominated to the sub-committee.) Monday March 1947Committee: Negotiation of Article 39 in the Advisory Subcommittee on Fundamental Rights
The draft clauses prepared by Sir B.N. Rau in the light of the discussions yesterday were approved in the form shown in Appendix 'B'. Monday March 1947Committee: Negotiation of Article 39 in the Advisory Subcommittee on Fundamental Rights
Preamble Monday March 1947Committee: Negotiation of Article 39 in the Advisory Subcommittee on Fundamental Rights
It was decided by a majority to insert the following preamble to the directive principles of social policy: Monday March 1947Committee: Negotiation of Article 39 in the Advisory Subcommittee on Fundamental Rights
Part A, Item (1) of B.N. Rau's Pamphlet on Fundamental Rights Monday March 1947Committee: Negotiation of Article 39 in the Advisory Subcommittee on Fundamental Rights
Part II of Sir B.N. Rau's pamphlet on Fundamental Rights was considered, and it was decided that items (1), (2), (4) and (6) under Part A should be incorporated in the Fundamental Rights. Monday March 1947Committee: Negotiation of Article 39 in the Advisory Subcommittee on Fundamental Rights
Part A, Item (2) of B.N. Rau's Pamphlet on Fundamental Rights Monday March 1947Committee: Negotiation of Article 39 in the Advisory Subcommittee on Fundamental Rights
Part II of Sir B.N. Rau's pamphlet on Fundamental Rights was considered, and it was decided that items (1), (2), (4) and (6) under Part A should be incorporated in the Fundamental Rights. Monday March 1947Committee: Negotiation of Article 39 in the Advisory Subcommittee on Fundamental Rights
Part A, Item (4) of B.N. Rau's Pamphlet on Fundamental Rights Monday March 1947Committee: Negotiation of Article 39 in the Advisory Subcommittee on Fundamental Rights
Part II of Sir B.N. Rau's pamphlet on Fundamental Rights was considered, and it was decided that items (1), (2), (4) and (6) under Part A should be incorporated in the Fundamental Rights. Monday March 1947Committee: Negotiation of Article 39 in the Advisory Subcommittee on Fundamental Rights
Part A, Item (6) of B.N. Rau's Pamphlet on Fundamental Rights Monday March 1947Committee: Negotiation of Article 39 in the Advisory Subcommittee on Fundamental Rights
Part II of Sir B.N. Rau's pamphlet on Fundamental Rights was considered, and it was decided that items (1), (2), (4) and (6) under Part A should be incorporated in the Fundamental Rights. Monday March 1947Committee: Negotiation of Article 39 in the Advisory Subcommittee on Fundamental Rights
It was decided that in item (4), the word "and" in the second sentence should be omitted and the expression "in particular of the Scheduled Castes and the aboriginal tribes" should be enclosed in brackets. The expression "Scheduled Castes' which has... Monday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Article V Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Motion to Deal with Sub-clause (5) Separately Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
It was agreed that sub-clause (5) should be dealt with separately. Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Article V (1) Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Article V (1)(a) Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Amendment to Extend Freedom of Expression to Citizens Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
5 members were in favour of this and 3 were in favour of extending it to all persons. Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Article V (1)(b) Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Amendment to Extend Freedom of Association to Citizens Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
The question whether the various rights included in sub-clause (1) shall be expressed to apply to citizens or all persons in the Union was considered and the following decisions were taken: [...] (b) The right of free association and combination—to citizens. Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Article V (1)(c) Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Amendment to Extend Freedom to Assemble to Citizens Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
The question whether the various rights included in sub-clause (1) shall be expressed to apply to citizens or all persons in the Union was considered and the following decisions were taken: [...] (c) The right to assembly peaceably and without... Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Prof. K.T. Shah was opposed to this decision and reserved the right to submit a separate note. Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
[Editor's Note: The subcommittee took a recess and then reconvened for an afternoon session. As this procedure is noted only cursorily in a margin note to the Minutes, the editors have not created a session for the afternoon sitting. Rather, the recess... Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Article V (1)(d) Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Amendment to Extend Right to Personal Liberty to All Persons Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
The question whether the various rights included in sub-clause (1) shall be expressed to apply to citizens or all persons in the Union was considered and the following decisions were taken: [...] (d) The right to personal liberty—to all persons. Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Article V (1)(e) Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Amendment to Extend Right to Be Informed of Deprivation of Rights to All Persons Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
The question whether the various rights included in sub-clause (1) shall be expressed to apply to citizens or all persons in the Union was considered and the following decisions were taken: [...] (e) The right to be informed within twenty-four hours... Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Article V (1)(f) Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Amendment to Extend Right of Inviolability of the Home to All Persons Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
The question whether the various rights included in sub-clause (1) shall be expressed to apply to citizens or all persons in the Union was considered and the following decisions were taken: [...] (f) The right to the inviolability of his home—to all persons. Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Article V (1)(g) Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Amendment to Extend Right to Secrecy of Correspondence to Citizens Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
The question whether the various rights included in sub-clause (1) shall be expressed to apply to citizens or all persons in the Union was considered and the following decisions were taken: [...] (g) The right to the secrecy of his correspondence—to citizens. Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Article V (1)(h) Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Amendment to Extend Right to Remain Free from Exploitation to All Persons Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
The question whether the various rights included in sub-clause (1) shall be expressed to apply to citizens or all persons in the Union was considered and the following decisions were taken: [...] (h) The right to maintain his person secure by the law... Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Article V (1)(i) Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
The question whether the various rights included in sub-clause (1) shall be expressed to apply to citizens or all persons in the Union was considered and the following decisions were taken: [...] (i) The right of free movement and trade within the... Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Motion to Re-Draft Clauses (a), (b), and (c) of Article V Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
It was decided that clauses (a), (b) and (c) of Article V(1) should be redrafted on the basis of Section 40(6) of the Irish Constitution. Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Clause (d) was decided to be dropped in view of sub-clause (4). Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Clause (e) was decided to be dropped. Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Amendment to Substitute a Provision from the American Constitution Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Amendment to Strike Out the End of the Provision Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
By a majority of 5 to 4, it was decided that the whole clause should be adopted. Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
...it was decided that the whole clause should be adopted. Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
...it was decided that the whole clause should be adopted. Tuesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Article V (1)(a): Revised Wednesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Article V (1)(b): Revised Wednesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Article V (1)(c): Revised Wednesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Question on the Re-drafted Clauses Wednesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
2. The draft clauses prepared by Sir B.N. Rau in the light of the discussions yesterday were approved in the form shown in the Appendix. Wednesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Article V (1)(c): Rider Wednesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
2. The draft clauses prepared by Sir B.N. Rau in the light of the discussions yesterday were approved in the form shown in the Appendix. [Editor's Note: Because some of the clauses discussed at the previous meeting were still pending at point, B.N.... Wednesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Sir Alladi Krishnaswami Ayyar was of the opinion that the rider was unnecessary as the limitations on the rights of citizens to form associations or unions could not be more extensive than public order and morality, and these already appear in the... Wednesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Amendment that Secrecy of Correspondence Be Subject to Authority of Union Legislature Wednesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
3. Article V(1)(g) of Mr. Munshi's draft was then discussed and it was decided by a majority vote that the fundamental rights should include the right to secrecy of correspondence subject to the authority of the Union Legislature to legislate on lines... Wednesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Sir Alladi Krishnaswami Ayyar was of the opinion that it was not necessary to include this as a fundamental right and that it was best to leave matters to be dealt with under the existing law which may be modified from time to time by the Union in... Wednesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
The discussion on item (h) was held over as it may more appropriately be considered in connection with the prohibition of begar or other forms of forced labor. Wednesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
5. It was decided by a majority vote that no separate provision as in sub-section (2) of Article V need be made in regard to the freedom of the press in view of the right to freedom of speech and expression already included. Wednesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Article V (3) Wednesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Sub-clause (3) of Article V was decided to be dropped. Wednesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Article V (4) Wednesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
During the discussion of sub-clause (4), it was pointed out to the committee that the expression "due process of law" has been judicially interpreted to cover not merely procedure but also substantive rights. If sub-clause (4) were included as a... Wednesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
After discussion it was decided, by a majority of 5 to 2, that the clause should be retained. Wednesday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
Article V: B.N. Rau's Redraft Thursday March 1947Committee: Negotiation of Article 19 in the Advisory Subcommittee on Fundamental Rights
The draft clauses prepared by Sir B.N. Rau in the light of the discussion held yesterday were approved in the form shown in Appendix 'B'. Thursday March 1947Committee: Negotiation of Article 19 in the Advisory Committee
Clause 10 (b): Part 1 of R.K. Sidhwa's Fifth Tabled Amendment Monday April 1947Committee: Negotiation of Article 19 in the Advisory Committee
Motion to Delete Clause 10(d) Monday April 1947Committee: Negotiation of Article 19 in the Advisory Committee
Clause 10 (d): R.K. Sidhwa's Sixth Tabled Amendment Monday April 1947Committee: Negotiation of Article 19 in the Constituent Assembly
Interim Report on Justiciable Rights (Constituent Assembly) Tuesday April 1947