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Vol. 15 · pages 1106–1110

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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1087PARLIAMENTARY DEBATES (69) *PREVENTION OF HINDU BIGAMOUS MARRIAGES ACT 1413. Shrimati Jayashri : Will the Minister of Law be pleased to state: (a) the names of the States where legislation for the Prevention of Hindu Bigamous Marriages is in force; (b) the number of cases of marriages performed in contravention of provisions of the Act, in the year 1950 ; and (c) the cases which ended in convinction, during the year 1950? The Minister of Law (Dr. Ambedkar): (a) As far as I am aware, legislation for the prevention of bigamous marriages among Hindus is in force in Bombay and Madras only. (b) and (c). The exact figures for the year 1950 are not available. I understand, however, from Bombay, that the number of marriages performed in contravention of the Bombay Act between 6th November, 1946, when it came into force, and 31st August, 1950, is 1,934, and the number of cases which ended in conviction during the same period in that State is 756. I have not received any information from Madras so far. zz * P. D., Vol. 10, Part I, 28th September 1951, p. 1814.

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1088 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES ANNEXURE (A) *LEGAL PRACTITIONERS AND BAR COUNCILS (AMENDMENT) BILL The Honourable Dr. B. R. Ambedkar (Minister for Law): Sir, I move : “That the Bill further to amend the Legal Practioners Act, 1879, and the Indian Bar Councils Act, 1926, be continued.” Shri Biswanath Das : (Orissa : General): May I know the stage at which this Bill stands ? The Honourable Dr. B. R, Ambedkar: It was merely introduced. Mr. Speaker: The question is : “ That the Bill further to amend the Legal Practioners Act, 1879, and the Indian Bar Councils Act, 1926, be continued.” The motion was adopted. (B) **PRESS (SPECIAL POWERS) BILL The Honourable Sardar Vallabhbhai Patel: Sir, I move: That for clause 17 of the Bill, the following clause be substituted, namely: “Repeal of Ordinance X of 1947 ‘17. The Press (Special Powers) (No. 2) Ordinance, 1947, is hereby repealed’.” Mr. Speaker: The words on the left side appear to be a marginal note. The Honourable Dr. B. R. Ambedkar (Minister for Law): Those words need not be put. * C. A. (Leg.). D., Vol. 1, Part II, 17th November 1947, p. 40. **Ibid., 20th November 1947, p. 353.

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1089PARLIAMENTARY DEBATES *Mr. Speaker: I shall take up this amendment after the Honourable Minister has moved that the Bill as amended be passed. The Honourable Dr. B. R. Ambedkar: Sir, may I with your permission go back to clause 2 and move that for the word “something” in the clause the word “anything” be substituted. That is the more appropriate word that should have been used. There was an amendment but unfortunately my honourable Friend did not move it. Mr. Naziruddin Ahmad: I was too late and that was the reason. (C) **DISPLACED PERSONS (LEGAL PROCEEDINGS) BILL The Honourable Dr. B. R. Ambedkar (Minister of Law): Sir, I beg to move for leave to introduce a Bill to make special provision for the relief of displaced persons in respect of certain legal proceedings. Mr. Speaker: The question is: “That leave be granted to introduce a Bill to make special provision for the relief of displaced persons in respect of certain legal proceedings.” The motion was adopted. The Honourable Dr. B. R. Ambedkar: Sir, I introduce the Bill. *C. A. (Leg). D., Vol. 1, Part II, 20th November 1947, p. 355. **Ibid., Vol. 3, Part II, 31st March 1949, p. 2141.

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1090 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES (D) *DEMAND FOR SUPPLEMENTARY GRANTS FOR 1948-49 (ADMINISTRATION OF JUSTICE) Mr. Speaker: I think then, I should first call upon the Honourable Law Minister to reply to Demand No. 34. I have to put it to vote. I thought the honourable Member wanted to speak on that. Shri R. K. Sidhva: No, Sir. The Honourable Dr. B. R. Ambedkar (Minister of Law): Sir, this item ‘Administration of Justice’ really belongs to the Home Ministry, because they are in charge of the subject, but I am sure, we must today at least spare the Sardar of the trouble that would be involved in replying to this debate. I am, therefore, taking the responsibility on my shoulders. I must also say that I have had no previous consultation with him and so, I do not know, whether I would be exactly representing the views of the Home Ministry on the subject that I am speaking. Sir, this question of the law’s delay is a long cry that we have been hearing in this country and the Government of India, if I remember correctly, at one time appointed a Committee the Civil Justice Committee—and some of the recommendations made by that Committee were incorporated both in the Civil Procedure Code as well as in the Criminal Procedure Code with the object of avoiding delay in the matter of coming to conclusions so far as litigation was concerned. At the same time that unfortunately has not in any way softened the complaint which we are now hearing about the law’s delay. In my judgment and I think both my honourable friends, Dr. P. S. Deshmukh and Shrimati Durgabai, who have had considerable experience of practice in the Courts will agree that much of the delay that takes place in litigation is really due to the clients themselves. So far as my experience goes, in law courts every client on an appointed day instead of coming prepared either with the witnesses or with the *C. A. (Leg). D., Vol. 3, Part II, 31st March 1949, pp. 2151-53.

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1091PARLIAMENTARY DEBATES documents or some other subpoena that has been issued by the court, comes with nothing except a petition asking for a postponement. If the postponement is not granted, he either abandons his pleader thinking that he has no influence with the judge, because he has not been able to get the adjournment or postponement or he becomes thoroughly dissatisfied and the court has to consider whether in the interests of avoiding delay his application should be rejected. It may be that in view of the ignorance of our general mass of population they cannot be expected to be prepared with everything at the appointed time, and if they are not given time, even though their cause may be very just, it may be lost. Secondly, so far as the procedural law is concerned, there is all the method and all the rules necessary for avoiding delay. If our people who want to litigate about matters of dispute were more expeditious, more efficient and more alert in collecting their evidence, they themselves would avoid a great deal of delay that takes place in the matter of litigation. Dr. P. S. Deshmukh : What about the delays in the High Courts ? The Honourable Dr. B. R. Ambedkar: Well, the delays in the High Courts also to a large extent are due to this fact. My honourable friend probably does not know, as I happen to know, that many of our people believe in astrology. When they are told that their case is fixed on a particular date, they first go to the astrologer to find out whether that is an auspicious day, and if they find that it is not an auspicious day, they run up to Bombay and get in touch with the office of the Registrar of the High Court, sometimes bribe the clerks heavily in order to take the case of the board on that particular day. I know many such cases. Therefore, we have done so far as procedural law is concerned to avoid delay. Shrimati G. Durgabai: Is not delay due to the printing of the records which takes a very long time ? The Honourable Dr. B. R. Ambedkar: Well, I suppose, in view of the fact that the Privy Council has laid down that