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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.

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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.

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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.