Vol. 15 · pages 1041–1045

1022 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Shariat, but subject to variations introduced by established custom or usage or by local laws. (c) So far as I am aware, the Government of West Bengal have done nothing to alter the personal law applicable to Muslims in Cooch-Behar. After the Cooch-Behar (Assimilation of Laws) Bill is passed by this House and is brought into force, that Government will, in due course and after due consideration, bring the Muslim Personal Law (Shariat) Application Act of 1937 into force in Cooch-Behar under clause 3(2) of the Bill. Dr. N. M. Das : May I know whether the Hon. Minister of Law thinks it necessary and advisable to ascertain the opinion of the Cooch-Behar Muslims about the change that will be introduced by the West Bengal Government ? Dr. Ambedkar : That matter is left to the West Bengal Government. Shri Syamnandan Sahaya: Is there any proposal pending the consideration of the Government for bringing before this Parliament a Muslim Code also? Dr, Ambedkar: No. Shri Tyagi : Is it the intention of Government to bring a law to regulate the Muslim Law in India also and to effect reforms in respect of the system of polygamy that is prevalent amongst Muslims ? Mr. Speaker: That question was put and answered. Shri Tyagi: I want to know whether it is the intention of Government to effect reforms in the previous Muslim Law ? Mr. Speaker: There is no intention of bringing a Muslim Code. That is what the Minister said and it covers all points. Shri A. C. Guha: Have Government under contemplation any proposal to bring a uniform civil law for all Commuinities, according to our Constitution ? Dr. Ambedkar : I have very much the matter at heart; but I have no time.

1023PARLIAMENTARY DEBATES (20) * ENGAGEMENTS OF LAWYERS IN CASES AGAINST THE UNION 709. Shri Kazmi: Will the Minister of Law be pleased to state : (a) the procedure for the engagement of legal practitioners in the procedings in Courts of the cases against the Union of India; (b) whether the remuneration; and (c) whether the Attorney General for India, the Advocate General of State or Government Pleader of locality is consulted on such appointments, and if not, what are the reasons therefor ? The Minister of Law (Dr. Ambedkar): (a) In all Part A States, the legal business of the Central Government is generally undertaken by the State Governments, by mutual agreement, and is conducted by the Legal Remembrancer of the State and other law officers under his control such as the District Government Pleaders. In the Presidency towns of Bombay and Culcutta we have our own Solicitors to attend to this work. Certain departments like the Railway and Incomtax Departments also make their own arrangements for conducting their cases in the courts. The Central Government have appointed all District Government Pleaders in Part A States as Government Pleaders in relation to any suit by or against the Central Government, excluding cases relating to railways. No standing arrangements have yet been made in Part B States, while in Part C States, the Chief Commissioners are authorised to make the necessary arrangements. (b) Except where special rates are agreed upon, the Government Pleaders conducting the Central Government cases are paid fees at the same rates as are admissible to them for conducting cases on behalf of the State Governments which employ them. (c) As stated in the reply to part (a) of the question, as a general rule, the District Government Pleaders also act as * P. D., Vol. 6, Part I, 6th December 1950, p. 694.

1024 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Government Pleaders in cases against the Government of India in Part A States and hence the question of consultation in making the appointment of such Pleaders does not arise. (21) *SCHEDULED CASTE REPRESENTATIVES 814. Shri Jangde : Will the Minister of Law be pleased to state whether the number of Scheduled Caste Members to the House of the People from Madhya Pradesh is being determined on the basis of the 1941 census ? The Minister of Law (Dr. Ambedkar): The number of seats to be reserved for the Scheduled Castes from Madhya Pradesh, or for the matter of that, any Part A State or Part B State, in the House of the People will be determined on the basis of their population as estimated by the Census Commissioner under the provisions of the Constitution (Determination of Populations) Order, 1950, made by the President under article 387 of the Constitution. The population has been estimated by the Census Commissioner as on the 1st March 1950, and has already been notified vide Home Ministry’s Notification in a Gazette Extraordinary dated the 14th September 1950. (22) **DELIMITATION OF COMMITTEE REPORTS 817. Shri Deogirikar: (a) Will the Minister of Law be pleased to state how many States have submitted the Delimitation Committee reports so far ? (b) Will those Constituencies be accepted as final or will they undergo changes and if so, when and who will make the changes ? The Minister of Law (Dr. Ambedkar): (a) Proposals for the delimitation of constituencies for the House of the People and the Legislative Assemblies of States have been received *P. D., Vol. 6, Part I, 11th December 1950, p. 804. **Ibid., p. 805.

1025PARLIAMENTARY DEBATES by the Election Commission from all States except that West Bengal’s proposals for the Legislative Assembly of the State have not yet been received. The Parliamentary Advisory Committee for the following States have sent their reports : Assam, Bombay, Orissa, Hyderabad, Travancore-Cochin, Saurashtra, Delhi, Vindhya Pradesh, Bhopal, Tripura and Manipur. (b) The procedure for making the Order delimiting the constituencies is contained in section 13 of the Representation of the People Act, 1950. the Election Commission shall, in consultation with the Delimitation Advisory Committee set up in respect of each State, formulate proposals as to the delimitation of constituencies in that State and submit such proposals to the President for making the Order as to such delimitation. It is open to the Election Commission to amend or vary the proposals of the Delimitation Advisory Committees. The President also can amend or vary the proposals submitted by the Election Commission, and every such Order made by the President shall be subject to such modification as Parliament may make when it is laid before it. (23) *GENERAL ELECTIONS 1052. Prof. S. N. Mishra: (a) Will the Minister of Law be pleased to state the approximate expenditure to be incurred by the Government in the next elections ? (b) How many representations have been made to the Government for holding elections in April-May and how many against it ? The Minister of Law (Dr. Ambedkar) : (a) Attention is invited to my reply given on the 20th November, 1950, to part (e) of starred question No. 134 asked by Shri Deshbandhu Gupta. (b) According to information available, in all eleven representations have been received, out of which ten are against holding elections in April-May 1951, and one * P. D., Vol. 6, Part I, 19th December 1950, p. 1034.

1026 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES against the postponement of the elections to NovemberDecember 1951. Prof. S. N. Mishra : May I know what were the main reasons for postponing the elections to November-December 1951? Shri Dwivedi: May I know whether Government are going to ban party and religious flags during the elections ? Dr. Ambedkar : I suppose that everything that is necessary to ensure fair elections will be done. Shri Joachim Alva: Is Government devising any machinery of propaganda by which elections may be run on proper lines and malpractices may be avoided ? Dr. Ambedkar : I think that it had better be left to the political parties themselves. Shri Jainarain Vyas : Will Government impose any levy on the different States to meet the election expenditure ? Dr. Ambedkar : Yes. There has already been an agreement between the Centre and the various States as to the proportion in which the election expenses would be borne. Dr. M. M. Das: May I know whether any State Government has sent any deputation and if so, what is the result ? Dr. Ambedkar : Deputation for what ? Dr. M. M. Das: For postponing the elections. Dr. Ambedkar : No. I do not remember to have received any deputation. Shri R. Velayudhan: Which is the single State which has protested against the postponement of the elections ? Dr. Ambedkar : I did not say that the representations were from the States. They may have been from individuals and not necessarily from the States. I have not got the name of the particular representative who sent the representation against the postponement of elections. Shri B. K. P. Sinha : Is it a fact that certain parties which were nervous at the approach of the elections are now passing resolutions to the effect that Government have done a great harm by postponing the elections ?