Vol. 15 · pages 1011–1015

992 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Shri M. Ananthasayanam Ayyangar : Did not the previous Law Member want to bring about a resolution to take action under section 299 and other sections of the Government of India Act to avoid appeals going to the Privy Council in certain matters ? The Honourable Dr. B. R. Ambedkar : I do not know if that position remains as it was I admit that the Law Member then was proposing action as referred to by my honourable friend but there was nothing in contemplation with reference to the making of the new Constitution. Mr. Speaker : Order, order. Will the honourable Member, Mr. Ayyangar, ask for the information ? This seems to be going into an argument. Shri M. Ananthasayanam Ayyangar : I did ask for the information. But the honourable Member does not appear to know what has gone on before ! The Honourable Dr. B. R. Ambedkar: I said I am aware of it ! Shri M. Ananthasayanam Ayyangar : Does the honourable Member propose to take action under the present Government of India Act ? The Honourable Dr. B. R. Ambedkar : I do not think such an action can be taken when we know that within a few months the new Constitution will be framed. Shri K. Santhanam : Is the honuorable Member aware that if the establishment of a Supreme Court is delayed till the new Constituent Assembly there will be great transitional difficulties when the Constitution comes into force ? Mr. Speaker : Order, order. It is a question of opinion.

993PARLIAMENTARY DEBATES (2) *JURISDICTION OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL TO DECIDE PENDING APPEALS. 5. Shri R. R. Diwakar : (a) Will the Honuorable Minister of Law be pleased to state whether it is a fact that the Judicial Committeee of the Privy Council will have jurisdiction to entertain, hear and finally decide the appeals now pending before them and those that will be filed hereafter, so long as no changes are made in the existing enactments like the Civil Procedure Code ? (b) What is going to be the future policy of the Dominion Government with regard to the Privy Council ? (c) Do Government propose to consider the advisability of the early establishment of a Supreme Court with the jurisdiction of the Privy Council ? (d) If so, what is the approximate time required for the establishment of such a Court ? The Honourable Dr, B. R. Ambedkar : (a) Yes. (b) The future policy of Government in regard to Privy Council appeals will generally be in accordance with the decision of the Constituent Assembly incorporated in the new Constitution. (c) No, not until the new Constitution is brought into force. (d) It is not possible to give an estimate at present. Seth Govind Das : May I know if the Constituent Assembly decides that no appeals should be made to the Privy Council, what is going to happen to the appeal which have already been sent to the Privy Council before that decision is reached ? The Honourable Dr. B. R. Ambedkar : I am sure the Constituent Assembly will make appropriate provision to cover such cases when coming to its decision. * C.A. (Leg.) D., Vol. 1, Part I, 18th November 1947 p. 71.

994 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES (3) *NUMBER OF CASES TRIED BY THE FEDERAL COURT AND PRIVY COUNCIL. 8. Shri S. Nagappa : Will the Honourable Minister of Law be pleased to state : (a) the total number of cases tried by the Federal court during the last three years—yearwise ; and (b) the total number of the cases that have gone to the privy Council ? The Honourable Dr. B.R. Ambedkar : (a) The total number of the cases heard by the Federal Court during the three years 1944, 1945 and 1946 was 34, 16 and respectively. (b) The total number of Indian appeals filed in the Privy Council during the same three years was 58, 69 and 61 respectively. Shri B. M. Gupte : May I know how many cases of appeals were reserved by the Privy Council ? The Honourable Dr. B. R. Ambedkar: That does not arise. Shri Biswanath Das : In view of the fact that none of the Commonwealth countries are allowing their litigant public to prefer appeals to the Privy Council, will the Honourable Minister please state whether this Government is thinking of making any interim arrangement between the decision of the Constituent Assembly on this question and the present day ? The Honourable Dr. B. R. Ambedkar : I do not quite follow my Honourable friend’s question but I can tell that the Government is examining the matter and if they find it feasible they may take interim action. Shri Biswanath Das : May I know what is the specific question that is being examined ? My question is very clear and specific. What I said was that no Commonwealth country is allowing its litigant public to prefer appeals to the Privy Council. In view of the fact that India is one of the Common-wealth countries, will the Government please consider the question or have they considered this aspect of the question of making any interim arrangement between the decision of the Constituent Assembly and the present day ? * C.A. (Leg.) D., Vol. 1, Part I, 18th November 1947 pp. 75-76.

995PARLIAMENTARY DEBATES The Honourable Dr. B. R. Ambedkar : I said that the Government is considering the matter and before any action could be taken Government have to see that the Federal Court becomes a Supreme Court and has got the full complement of judges to discharge the functions that will devolve on them if they were to discharge the functions of the Privy Council. Mr. B. Poker Sahib Bahadur : Is the Honourable Minister aware that the previous Government was contemplating the question of providing appeals to the Federal Court, according to the option of the party, in addition to appeal lying to the Privy Council, in view of the fact that the Federal Court Judges had not sufficient work to do and this measure could afford to facilitate the litigant public to pursue their appeals from the High Courts ? The Honourable Dr. B. R. Ambedkar : The whole question is being considered. (4) *CONSTITUTION OF THE FEDERAL COURT. 25. Shri Phulan Prasad Varma : (a) Will the Honourable Minister of Law be pleased to state whether Government are aware that the Constituent Assembly of India has passed certain transitional provisions by which the Federal Court will be deemed to be the Supreme Court, and will be the ultimate appellate authority and new appeals will lie to the Supreme Court instead of to the Privy Council ? (b) If the answer to part (a) above be in the affirmative, what steps have Government taken or are going to take to implement these provisions ? (c) Are Government aware that in the traditional provision it has been laid down that the cases pending before the Privy Council will be disposed of by the Privy Council ? (d) If the answer to part (c) above be in the affirmative, do Government propose to clarify as to what exactly is meant by the expression ‘pending’ ? (e) Are Government aware that there is a great deal of uncertainty in the mind of the litigant public, Advocates and High Court Judges regarding the precise position in the matter ? * C.A. (Leg.) D., Vol. 1, Part I, 18th November 1947, p. 88.

996 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES (f) If the answer to part (e) be in the affirmative, do Government propose to issue a statement on the subject ? The Honourable Dr. B. R. Ambedkar : (a) Government have seen the relevant portions of the memorandum embodying the recommendations of the Union Constitution Committee, which were subsequently adopted by the Constituent Assembly. (b) Government cannot take any steps to implement these recommendations until a provision is included in the Constitu tion which is now being framed by the Constituent Assembly. (c) No, Sir. The memorandum referred to above does not contain any such recommendation. (d) Does not arise. (e) Government are not aware of any uncertainty in the mind of the litigant public. They have received certain enquiries on the subject from members of the bar but these do not suggest that there is a great deal of uncertainty. (f) The resolution adopted by the Constituent Assembly is clear enough and Government do not consider it necessary to issue any statement in regard to it at this stage. (5) *REPORT OF HINDU LAW CODIFICATION COMMITTEE 236. Shri K. Santhanam : Will the Honourable Minister of Law please state— (a) Whether the Committee on the Codification of Hindu Law has submitted its final report; and (b) whether and, if so, when it is proposed to introduce the Bill as recommended by the Committee ? The Honourable Dr. B. R. Ambedkar : (a) Yes. (b) A Government Bill in exactly the same terms as the draft Hindu Code prepared by the Hindu Law Committee was introduced in the last Indian Legislative Assembly on the 11th April 1947. A motion for the continuance of the Bill has also been adopted by this House on the 17th November, 1947. * C.A. (Leg.) D., Vol. 1, Part I, 1st November 1947 p. 453.