Mr. President, Sir, I think there has been a very considerable amount of misunderstanding in the debate that has followed the motion by Sir V. T. Krishnamachari. The issue is not whether agreements reached at international conferences should be ratified by the Central Legislature or implemented by the Central Legislature. It is accepted by everybody that agreements entered into by India at international conferences must be ratified and implemented in the Central Legislature. Then what is the issue ? The issue is that in order to do so it must be related to a federal item or an item in the concurrent legislative list so that the power for this legislation may be vested in the Central Legislature. Now the issue raised by Mr. Munshi and by Pandit Kunzru is that there are many-conferences in which India has to go and take part, where decisions are arrived at and where it is not possible to consult all the units when we come back to legislate and give implementation to agreements arrived at. Here, I venture to say, there is a slight misunderstanding because if You take the question of the I. L. 0. for example, which has been prominently mentioned, if you turn to the concurrent list, you will find that item 26 deals with welfare of labour; conditions of labour; provident funds; employers’ liability and workmen’s compensation; health insurance, including invalid pensions and old age pensions. Now, as long as that item is in the concurrent list, the right belongs to the Union Legislature to pass any law which it considers necessary whether in terms of any international agreement or otherwise to give effect to its policy. In the same way in regard to every matter of importance either in the concurrent legislative list or in the federal list. Therefore, the issue that arises is if the Union goes not merely to a recognized international conference as the U. N. O. or is a party to the I. L. O. as India may be, but say to the Moral Re-armament conference at Switzerland, are we in position to give effect to the decisions ? In order to do so, it is absolutely necessary that it must be related to a substantial item in the federal or concurrent legislative list and the federal or concurrent legislative lists have been made in such a manner as to include every possible thing which may be of common interest. So, what is left to the Provinces or States are purely matters of local administration, not of an all-India or of a common character. That being so, to entrust wide powers such as the enforcing of decisions by legislation, the implementing of any agreement or arrangement reached at international association-itself a very dangerous definition, what kind of international association or conferences it is not mentioned–is most dangerous which will, nullify every provincial and State constitution, because it is not limited to the subjects in the federal or concurrent legislative list. After all, Section 106 of the Government of India Act, as it stands, specifically limits the power of implementing such decisions. I am as anxious as any other Member here that the Central Legislature should have ample powers to give effect to treaties and agreements reached with other countries. But in order to do so it must be related to one or other subject in the concurrent or the federal legislative lists. As item 14 stands, it is rather peculiarly worded. it reads– “Participation in international conferences, associations and other bodies and implementing of decisions made thereat.”
