Babasaheb Dr. B.R. Ambedkar (14th April 1891 - 6th December 1956) DR. BABASAHEB AMBEDKAR WRITINGS AND SPEECHES Volume No. : 15 (Sections I to VIII) Edited by Vasant Moon Dr. Ambedkar Foundation Ministry of Social Justice & Empowerment Govt. of India Dr. Babasaheb Ambedkar : Writings and Speeches Volume No. : 15 First Edition: Education Department, Govt. of Maharashtra: 14 April, 1979 First Re-Printed by Dr. Ambedkar Foundation: Jan, 2014 Second Re-Printed by Dr. Ambedkar Foundation: August, 2019 Third Re-Printed by Dr. Ambedkar Foundation: August, 2020 ISBN: 978-93-5109-187-5 Cover Design: Dr. Debendra Prasad Majhi, Ph.D. Monogram used on the Cover page is taken from Babasaheb Dr. Ambedkar’s Letterhead. © Courtesy: Secretary, Education Department, Government of Maharashtra. ISBN (Set): 978-93-5109-171-4 Discounted Price: One Set of 1 to 17 Volumes (20 Books): Rs. 2250/- Discount Policy Annexed. Publisher: Dr. Ambedkar Foundation Ministry of Social Justice & Empowerment, Govt. of India 15, Janpath, New Delhi – 110 001 Phone: 011-23320571 Public Relation Officer : 011-23320588 Email: [email protected] Website: http://drambedkarwritings.gov.in The Education Department, Government of Maharashtra, Bombay-400032. For Dr. Babasaheb Ambedkar Source Material Publication Committee Printer: M/s Aravali Printers & Publishers Pvt. Ltd., W-30, Okhala Phase – 2, New Delhi – 110020 Collected Works of Babasaheb Dr. Ambedkar (CWBA) Counselling and Collaboration Dr. Thaawarchand Gehlot Minister for Social Justice & Empowerment, Govt. of India and Chairperson, Dr. Ambedkar Foundation Shri Ramdas Athawale Minister of State for Social Justice & Empowerment, Govt. of India Shri Krishan Pal Gurjar Minister of State for Social Justice & Empowerment, Govt. of India Shri Rattan Lal Kataria Minister of State for Social Justice & Empowerment, Govt. of India Shri R. Subrahmanyam Secretary, Ministry of Social Justice & Empowerment, Govt. of India Ms. Upma Srivastava Addl. Secretary and Member Secretary, Dr. Ambedkar Foundation, Govt. of India Dr. Debendra Prasad Majhi, Ph.D. Director, Dr. Ambedkar Foundation, Govt. of India Dr. Brijesh Kumar Co-ordinator (CWBA), Dr. Ambedkar Foundation CWBA VOLUMES RELEASE The Complete Sets of Collected Works of Babasaheb Dr. Ambedkar, popularly known as CWBA / lEiw.kZ ok³~e;] in Hindi and English, being released by Dr. Thaawarchand Gehlot, Hon’ble Minister of Social Justice & Empowerment, Government of India and Chairman, Dr. Ambedkar Foundation at New Delhi. Dr. Debendra Prasad Majhi, Director of the Foundation and Sh. Surendra Singh, Member Secretary were also present on the occasion. The Volumes in Hindi (Vol. 22 to Vol. 40) have been published for the first time in 2019. PREFACE Babasaheb Dr. B.R. Ambedkar was an erudite personality, a symbol of knowledge and a great son of India. He was a public intellectual, social revolutionary and a prolific communicator. He has left behind thought provoking writings and speeches bearing interdisciplinary perspectives, with insightful analysis of socio- political situations which evoke intellectual reasons and emotions. His writings are having profound sense of justice manifested in emancipation of marginalized masses. He not only dedicated his life for ameliorating the conditions of deprived sections of the society, but his views on inclusiveness and “Samajik Samrasta” continue inspiring national endeavor. It is expected that these Volumes may provide contemporary relevance of his thought and open up the possibilities of rethinking Dr. Ambedkar in the present day context. The mandate of Dr. Ambedkar Foundation, inter-alia, include implementation of programmes and furthering the ideology and message of Babasaheb Dr. Ambedkar among the masses in India as well as abroad. It is a matter of great happiness that consequent upon a decision by the Governing Body of the Foundation Chaired by Hon’ble Minister of Social Justice and Empowerment, the Foundation is getting the third edition of Collected Works of Babasaheb Ambedkar (CWBA) Volumes, reprinted on popular demand of the readers. It is informed for the benefit of all concerned that the Foundation always endeavors to make the Volumes available to the readers at an affordable price, and accordingly, it has also been decided to continue with the discount policy as per the past practices on Sale of Volumes. The discount policy of the Foundation has been annexed with each Volume. It is hoped that the Volumes will continue to be source of inspirations for the readers. 15, Janpath, (Dr. Debendra Prasad Majhi) New Delhi Our Constitution must not be a dictatorship but must be a Constitution in which there is a parliamentary democracy, where Government is all the time on the anvil so to say, on its trial responsible to the people, responsible to the judiciary, then I have no hesitation in saying, that the principles emboded in the Constitution are as good as, if not better than the principles emboded in any other Constitution. Constituent Assembly Debates, Vol. 9, 17th September 1949, p. 1663 z:\ ambedkar\vol-15\vol15-01.indd MK SJ+YS 9-10-2013 5 (Facsimile of Dr. Ambedkar’s letter to The Secretary, All India Depressed Classes Conference, Nagpur, dated 28 February 1930.) z:\ ambedkar\vol-15\vol15-01.indd MK SJ+YS 9-10-2013 21 DR. BABASAHEB AMBEDKAR WRITINGS AND SPEECHES CONTENTS MESSAGE TABLE OF CONTENTS v PREFACE PA GEviiS SECTION I … … … 1-48 SECTION II … … … 49-166 SECTION III … … … 167-250 SECTION IV … … … 251-422 SECTION V … … … 423-704 SECTION VI … … … 705-830 SECTION VII … … … 831-983 SECTION VIII … … … 984-1094 ANEXURE … … … 1095-1100 INDEX … … … 1101-1110 DISCOUNT POLICY ON SALE OF VOLUMES SECTION I 20TH NOVEMBER 1947 TO 31ST MARCH 1949 SECTION I TABLE OF CONTENTS PAGES 1 Foreign Exchange Regulation (Amendment Bill) … 5 2 Appointment of Statutory Law Revision Committee 7 3 Indian Nursing Council Bill … 16 4 Extra Provincial Jurisdiction Bill … 17-25 5 Federal Court (Enlargement of Jurisdiction) Bill 26-37 6 Provincial Insolvency (Amendment) Bill … 38-45 7 Resolution Re : Extension of period mentioned in Sections 2 and 3 of India Act 1946 as adapted … 46-48 (1) * FOREIGN EXCHANGE REGULATION (AMENDMENT) BILL Mr. Speaker: Motion moved. “That the Bill to amend the Foreign Exchange Regulation Act, 1947, be taken into consideration.” What has the Law Member to say about the position regarding the expression ‘ British India’? The Honourable Dr. B. R. Ambedkar (Minister for Law): I thought I would speak when the amendment was being moved, in reply to it. If you so desire, I shall explain the position. Mr. Speaker: Yes, because it would save time. The Honourable Dr. B. R. Ambedkar: Sir, we have got what is called an Existing Laws Adaptation Order in which certain terms are defined. In that order the term ‘British India’ is defined and is defined to mean ‘all the Provinces of British India’. It is therefore open to the House to include in this particular Bill either of the two phrases which under the Adaptation Order mean the same thing. We could either use ‘British India’ or we could use ‘all the provinces of India’ which would mean one and the same thing. The question of these two alternatives and as to which of them we should adopt really has to be determined by the phraseology which has been used in the main Bill to which this Bill is merely an amendment. In the original Bill dealing with foreign exchange regulation, the term used is ‘British India’ and my submission is that if this amendment is to be intelligible it must use common phraseology which is ‘British India’. * Constituted Assembly (Legislative) Debates, hereinafter called C. A. (Leg.) D. Vol. I, 20th November 1947, p. 357. 6 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES There is nothing to be lost, everything to be gained, by using the same phraseology. The amendment which is tabled is purely sentimental in my judgment and wishes to avoid the word ‘British’ from the text of the law. Shri K. Santhanam (Madras : General): Not at all, The Honourable Dr. B. R. Ambedkar: My submission is that in view of the necessity for uniformity between the main Act and the amending Act we should adopt the same pharaseology which has been used in the main Act. Mr. R. K. Sidhwa (C. P. and Berar : General): May I know whether there is any legal difficulty if the word ‘British’ is omitted? Mr. Speaker: That is exactly what the Law Member has pointed out. Without going into the merits of the case, and looking prima facie into what the Law Member has said, I shall curtail the discussion by saying that I refuse to give my leave to this amendment. PARLIAMENTARY DEBATES 7 (2) * APPOINTMENT OF STATUTORY LAW REVISION COMMITTEE * The Honourable Dr. B. R. Ambedkar (Minister for Law): Mr. Chairman, I may at once say that the object of the Mover is quite laudable and that he has my full sympathy in the Motion that he has made. Sir, there is no doubt that periodical revisions of law in a modern society is an absolute necessity. When a popular Legislature engages itself in the task of legislation, touching every aspect of the society which it governs, there are bound to be created certain problems, which it is necessary for some expert legal body to examine and to rectify. First of all, it happens that a draftsman in order to put an idea in the form of a law suggests certain phraseology, which he thinks is appropriate and complete enough to embody the intention of the Legislature. In a certain stage the Judiciary and the Members of the profession find that the phraseology used by the draftsman is mistaken and does not carry the intent which the Legislature had. That problem therefore becomes a problem which somebody has got to look into and rectify to bring it in consonance with the original intention.