Vol. 15 · pages 1111–1115
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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1092 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
all cases which come to them must have the records printed,
the High Court has to follow that rule. Probably the Supreme
Court hereafter may follow a different rule, we cannot say.
With regard to the lower judiciary, there is certainly much
room for improvement. I quite agree that our judicial stations
so to say, the towns where the Sub-Judges sit are sometimes
very far away from the villages, and the villagers have to incur
large expenses for travelling from their villages to the places
where they are situated. I have sometimes thought whether
it would not be desirable for our Sub-Judges or some others
subordinate to the Sub-Judges to go on what we may call
circuit. You can have a circuit of six or seven in the villages
which this man can visit from week to week, and hear the
cases right in the villages. That, I think, is a feasible thing.
I must say that that is a matter which is entirely within
the power of the Provincial Governments. It is they who can
reorganise the judiciary in terms of my suggestion if they
think that that is a suggestion worth accepting.
With regard to the question of court fees, that again is a
matter which is entirely within the purview of the Provincial
Governments. If the Provincial Governments think that
court fees are so fixed that they are beyond the capacity of
the litigants, it is for them to lower the court fees and give
relief to the litigant public in that manner. With regard to
the question of legal aid, there is no doubt that there is a
necessity for doing something in that behalf. As every one
knows, the British Parliament has recently passed an Act
making it a national responsibility to provide aid to a litigant
who is unable to find money for his litigation. However valuable
that step might be it seems to me that having regard to the
economic capacity of the people of our country, it would be
perhaps impossible to place such a burden upon the national
revenues of the country. There is no doubt that some other
method might, be found whereby some amount of partial relief
may be given to people who are indigenous and who. have
important questions of law to be settled.
Something was said with regard to the Law Revision
committee. It seems to me that there is a certain amount of
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1093PARLIAMENTARY DEBATES
misunderstanding about that matter. There is no doubt in
England there is a Statute Law Revision Committee ; but its
function is a very limited one. I have with me the Statute Law
Revision Committee Act passed in 1927. It is an act which, is
passed from time to time by the Parliament. The object of the
Statute Law Revision Act is to delete from the Statute book
of laws which have become spent, whose purposes have been
served and which are not in force, and things of that sort.
It is only to clear the dead wood, so to say, from the Statute
book of laws which have become unnecessary. Here, I find
that the Statute Law Revision Committee was appointed in
1921. Although the intention of the Government of India when
they appointed that Committee was very much the same as
embodied in the British Statute, it somehow took upon itself
quite a different species of work namely to suggest to the
Government certain laws which they themselves drafted. I do
not know whether that sort of a thing is necessary. Because,
the drafting of laws is entirely a matter for the Government
and the drafting is entirely left to the draftsmen who are
engaged in the Law Department. From that point of view,
therefore, the Law Revision Committee does not appear to me
very necessary unless it is found that the Law Department, by
reason of the shortness of its personnel is not able to depute
somebody whose duty would be to see what laws have been
spent, what are unnecessary and what have gone out of force.
However, I shall keep the suggestion in my mind when the
Government has the time to deal with this question.
With regard to the Federal Court, the question has been
raised that the number of Judges is small for the work that
is now pending before the court. The question was also raised
that the Federal Court is not equipped with a library such as
a Federal Court should have. I have not the least doubt in
my mind that the Government of India will never be callous
to the requirements of the Federal Court and of its library
equipment. I have no doubt that this matter will be discussed
when the Federal Court will be converted into the Supreme
Court. There is not a very long time between the transferance
of the Federal Court into the Supreme Court. Consequently,
these reforms which have been suggested with regard to the
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1094 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
personnel of the Federal Court and its library equipment can
well be delayed until the formation of the Supreme Court.
I have no doubt about it that the Government of India will
bear in mind the requirements of the library, as well as the
number of judges that may be necessary to dispose of this
work.
Mr. Speaker: I am putting the demands to the House.
The question is :
“That a supplementary sum not exceeding Rs. 2,46,000 be
granted to the Governor General to dafray the chargse which
will come in course of payment during the year ending the 31st
day of March 1949, in respect of administration of justice.”
The motion was adopted.
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1095PARLIAMENTARY DEBATES
(E)
*PAPERS LAID ON THE TABLE
CONSTITUTION (REMOVAL OF DIFFICULTIES) ORDERS
The Minister of Law (Dr. Ambedkar): I beg to lay on
the Table the following documents under clause (2) of Article
392 of the Constitution :
(i) The Constitution (Removal of Difficulties) Order No. I
(Made by the Governor-General on 7th January 1950)
(ii) The Constitution (Removal of Difficulties) Order No.
II (Made by the President on 26th January 1950)
(iii) The Constitution (Removal of Difficulties) Order No.
III (Made by the President on 26th January 1950)
(Placed in the Library. See No. P. 61/50).
(F)
**AIR FORCE BILL
PRESENTATION OF REPORT OF SELECT COMMITTEE
The Minister of Law (Dr. Ambedkar): I beg to present
the Report of the Select Committee on the Bill to consolidate
and amend the law relating to the Government of the Air
Force.
(G)
***REPEALING AND AMENDING BILL
The Honourable Dr. B. R. Ambedkar (Minister for
Law): Sir, I move :
“That the Bill to repeal or amend certain enactments be
taken into consideration.”
I do not think, Sir, any speeches are necessary because this
is a very routine measure. There were certain enactments passed
during the War; the powers given by them have exhausted ; some
* P. D., Vol. 1, Part II, 14th February 1950, p. 497.
**P. D., Vol. 3, Part II, 21st March 1950, p. 1895.
***C.A. (Leg.) D., Vol. 3, Part II, 11th December 1947, p. 1727.
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1096 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
of them have come to an end. It is very desirable that the
Statute Book which has been so heavily burdened by these,
should be pruned and curtailed. Sir, I move.
Mr. Speaker: Motion moved:
“That the Bill to repeal or amend certain enactments be
taken into consideration.”
Shri M. Ananthasayanam Ayyangar (Madras : General):
Sir, I do not want to take up your time, but I am only sorry
that he has not added to the list of the hundred and fifty
odd, the Government of India Act.
Mr. Speaker: The question is:
“That the Bill to repeal or amend certain enactments be
taken into consideration.”
The Motion was adopted.
Clauses 2 to. 4 were added to the Bill.
The Schedule was added to the Bill.
Clause 1 was added to the Bill.
The Title and the Preamble were added to the Bill.
The Honourable Dr. B. R. Ambedkar: Sir, I move:
“That the Bill be passed.”
The motion was adopted.
*The Honourable Dr. B. R. Ambedkar (Minister of
Law): Sir, I beg for leave to introduce a Bill to repeal certain
enactments and to amend certain other enactments.
Mr. Deputy Speaker : The question is:
“That leave be granted to introduce a Bill to repeal certain
enactments and to amend on other enactments.”
The motion was adopted.
The Honourable Dr. B. R. Ambedkar : Sir, I introduce
the Bill.
*C.A. (Leg.) D., Vol. 2, Part II, 1st March 1949, p. 989.