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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.