Vol. 15 · pages 1051–1055
As Free India's First Law Minister and Member of Opposition in Parliament, 1947–1956
This text was extracted automatically from the official PDF of Dr. Babasaheb Ambedkar: Writings and Speeches, so it may contain small errors. Always check the original page before quoting.
PDF page 1051 (printed page 1032)
1032 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Dr. Ambedkar : Sir, this does not arise out of this question.
Mr. Deputy Speaker: Yes, that is so.
Shri Sarangdhar Das : Considering that Singbhum
District in Bihar is a Bilingual area, will the Minister please
state why the rolls are not published in Oriya Language also
besides Hindi ?
Dr. Ambedkar : It is possible that that is not the regional
language of the area.
(27)
*LAWYERS IN SUPREME COURT
3233. Shrimati Durgabai : (a) Will the Minister of Law
be pleased to state what is the practice followed in engaging
lawyers to represent the Government of India and the State
Governments in the Supreme Court?
(b) Which is the Agency under the Ministry that is entrusted
with the work of engaging lawyers on behalf of Government ?
(c) Is there any panel out of which lawyers are chosen to
represent Government in various cases ?
(d) What is the basis on which fees for such lawyers is fixed ?
The Minister of Law (Dr. Ambedkar): (a) The Government of India is almost always represented by the AttorneyGeneral in the Supreme Court. He is assisted by a Junior
Counsel who is selected in consultation with the AttorneyGeneral and having regard to the nature and importance of
the case. Similarly a State Government is usually represented
by the Advocate-General of the State and he is assisted by a
Junior Counsel. The instructions of the State Governments as
to engagement of particular Counsel are carried out.
(b) The Government Agent who is in charge of the Central
Agency Section, Ministry of Law, engages Counsel on behalf of
the Government of India and those State Governments which
have entrusted their work to that Section.
(c) No panel of lawyers is maintained in the Central
Agency Section. The Government Agent keeps a list of Counsel
*P. D., Vol. 7, Part I, 18th April 1951, p. 3315.
PDF page 1052 (printed page 1033)
1033PARLIAMENTARY DEBATES
practising before the Supreme Court and engages Counsel as
indicated in the reply to part (a).
(d) Fees for Counsel naturally vary with the seniority and
standing of the Counsel engaged and also with the importance and
difficulty of the case. I regret I am unable to give a more precise
answer to this question.
Shrimati Durgabai : May I know whether the Hon. Minister
could give us information as to who are all juniors for the purpose of
engagement and what was the basis on which their fees were paid ?
Dr. Ambedkar : The seniors who were generally engaged for
the Central or State Governments are Mr. Alladi Krishnaswami
Ayyar and Mr. Indra Dev Dua.
The junior advocates who are generally engaged are—
Mr. G.N. Joshi
Mr. S.N. Sikri
Mr. Rajinder Lal
Mr. K. Singh
Mr. H. J. Umrigar
Mr. R. Ganapati Ayyar
Mr. B. Sen
Mr. C.R. Pattabhiraman
Mr. S.N. Mukerjee
Mrs. Durgabai
Mr. S.B. Jeth
Rai Bahadur Nanakchand
Mr. V.N. Sethi
Sardar Kartar Singh Chowla
Mr. G.C. Mathur
Mr. A.N. Kirpal
Mr. R.N. Tikku
Mr. M.K. Pillai
Mr. P.M. Nathwani.
The usual fees fixed for junior counsels are as follows :—
Ten gold mohurs for opposing a petition for special leave.
Ten to twenty gold mohurs per day for criminal appeals, or
applications under article 32 of the Constitution, according to the
nature of the case.
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1034 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Fifteen to twenty gold mohurs per day for civil appeals
according to the nature of the case, but in cases in which
important questions are involved higher fees have been paid
to counsel but in no case exceeding forty gold mohurs.
In cases where the Attorney-General is briefed on behalf of
the State Governments, his fees are 100 gold mohurs per day,
and where he appears on behalf of the Central Government
no fees are charged except in cases where costs are recovered
from the opposite party.
In cases where other counsels are engaged directly by a
State Government they are paid fees by that Government
direct.
(28)
*COOCH BEHAR (POPULATION)
3235. Shri S.C. Samanta: (a) Will the Minister of Law
be pleased to State the names and number of villages with
population figures in Cooch Behar in West Bengal, where
there are only one, two or three voters in each village for the
coming General Election.
(b) What were the corresponding population figures in
those villages according to the census of 1941 ?
The Minister of Law (Dr. Ambedkar): (a) and (b) I
understand from the Election Commission that there are 25
villages in Cooch Behar which have not more than 3 voters
each, entered in the electoral rolls. A Statement containing
the names of these villages, together with the number of
voters in each, entered in the rolls at the time of preliminary
publication, is placed on the Table. (See Appendix XXII,
Annexure No. 19). The population figures for these villages are
not available here but I am trying to get them from the local
authorities. I should also add that the period for presentatin of
claims expired only on the 31st March last, and the Election
Commission has no information so far, as to the number of
persons enrolled as voters on the basis of such claims.
*P. D., Vol. 7, Part I, 18th April 1951, p. 3318.
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1035PARLIAMENTARY DEBATES
Shri S. C. Samanta : Is it a fact that the matter was
referred to the Election Commission ; and if so, what steps
have been taken by this time ?
Dr. Ambedkar: As I said, we have referred the matter to
the Local Government to find out what exactly is the position.
It is quite possible that on account of the disturbances that
have recently taken place some of the villagers have shifted
from one side to the other and some villages have become
what we call in technical language beckira.
Shri S. C. Samanta: The Hon. Minister stated that the
population figures of these villages are not available. Am I to
understand that there is no census figures for Cooch-Behar ?
Dr. Ambedkar: I have not seen it.
Shri Kamath: When does the Election Commission expect
to receive reports about the claims and objections filed from
these villages ? Has any report been called for at all ?
Dr. Ambedkar: In the ordinary course, I do not think so
because this is a matter entirely to be left to be disposed of by
persons who are appointed to adjudicate claims in this matter.
Shri S. C. Samanta: Due to the sparseness of the
population in Cooch-Behar, will Government consider relaxing
the rules in respect of polling stations in the coming elections ?
Dr. Ambedkar: All these considerations will be borne in
mind.
(29)
*ELECTORAL ROLLS
3361. Shri Kamath : Will the Minister of Law be pleased to
State :—
(a) whether reports have been received or called for from
each of the Part ‘A’, Part ‘B’ and Part ‘C’ States as to the
number of claims and objections filed in respect of electoral
rolls in each State;
*P. D., Vol. 7, Part I, 21st April 1951, p. 3439.
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1036 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
(b) if so, the total number of claims and objections filed in
each State;
(c) the number of such claims and objections disposed of
so far ; and
(d) the number allowed, and the number disallowed ?
The Minister of Law (Dr. Ambedkar): (a) to (d) The
information is being collected by the Election Commission and
will be laid on the Table in due course.
Shri Kamath: Is the last date for the filling of objections
the same in all the states or is it different ?
Dr. Ambedkar: I cannot say. I must have notice of that
question.
Shri Kamath : When will the information about claims and
objections be received in the Election Commissioner’s Office ?
Dr. Ambedkar: I do not think there will be any undue
delay in this matter.
(30)
*MANUFACTURE OF BALLOT BOXES
3355. Shri R. C . Upadhyaya (on behalf of Shri
Kishorimohan Tripathi): (a) Will the Minister of Law be
pleased to State what progress has so far been made by different
States in the matter of manufacturing ballot boxes and the
printing of ballot-papers for the purposes of General Elections ?
(b) Are these going to be of a uniform type throughout India ?
(c) Has sufficient care been taken in the making of the ballot
boxes and the printing of the ballot-papers to see that ignorant
and illiterate voters can vote freely according to their choice ?
The Minister of Law (Dr. Ambedkar): (a) Orders for the
manufacture of ballot boxes have been placed, in consultation
with the Election Commission, by all the States except West
Bengal, Bihar and Rajasthan. Information about these three
States is awaited. Ballot papers for the whole of India are
being printed centrally at the Security Printing Press, Nasik.
*P. D., Vol. 7, Part I, 21st April 1951, p. 3444.