Vol. 15 · pages 206–210
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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189PARLIAMENTARY DEBATES
this sort but I should have thought that if Prof. Shah was
so keen as he appeared to be for a legislation of this sort,
he should not have had an empty mind without any kind of
a suggestion of his own. However, I suppose those who have
supported his resolution have correctly interpreted his mind
and taking into account the various speeches that have been
made in support of Prof. Shah’s Resolution, it appears that
many Members who are keen about adding some qualification
other than those mentioned in the Constitution have in their
mind some kind of an educational qualification. But none of
them has been very precise : none of them has given me any
idea as to what is the standard of education that they would
like to prescribe in order that the candidate may become
lawfully entitled to stand.
Now it seems to me that education can hardly be the
sole qualification for membership of this House. If I may use
the words of Buddha, he said that man requires two things.
One is Gyan and the other is Sheel. Gyan without Sheel is
very dangerous: it must be accompained by Sheel, by which
we mean character, moral courage, ability to be independent
of any kind of temptation, truthful to one’s ideals. I did not
find any reference to the second qualification in the speeches
I have heard from Members who have supported Prof. Shah,
But even though I myself am very keen to see that no Member
enters this August Assembly, who does not possess Sheel in
adequate degree, I find it extremely difficult to find any means
or methods to ensure that valuable qualification.
Coming to the question of education, I do not wish to be
understood that I regard ignorance to be a virtue: let that
be quite clear. I regard education to be a very necessary
qualification for possessing that degree of competence which
is very necessary for the performance of one’s duty. In this
House there are people who, although they are not educated,
are very competent to voice the grievances of the class whom
they represent. I am sure about it. A more educated person
would not be able to discharge that function, because he
does not know and does not have that experience. But my
friends who come from these classes and with whom I have
naturally very great sympathy do not realise that what is more
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190 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
necessary for bringing relief to the class of people whom
they represent is not merely making speeches in this House
but to suggest remedies for the removal of their grievances.
To make speeches and to ventilate grievances is a very easy
matter but to formulate remedies is a very difficult matter.
It requires education and therefore education even from
the standpoint of the backward classes, scheduled classes
or tribal areas is a very necessary ingredient. How can we
ensure it ? When I examined the suggestion that there ought
to be some kind of educational qualification, I found that a
proposition which is very good in theory or in its academic
aspect cannot be given effect to without producing other evils.
That is my difficulty. Where will you fix the standard? Will
you say that only B.As. should be qualified to be Members
of this House ? Supposing you do that, what is the result ?
Members probably might know that there are many people
who are educationally and intellectually far more competent
than any graduate, although they have never been inside any
college or university. There are any number of them. Are you
going to shut out these people who have privately educated
themselves, who are equally competent or better than B.As.
or M.As., merely because they have not been able to obtain
a certificate from a university ? I think that would be a very
unfortunate result.
Take another consequence. In this country education is
in the lowest grade. Not only that is so but for some reason
which all of us know, education has not been universally
spread among all the communities in this country. There
are communities which are highly educated and there are
communities where education is very, very low. Supposing
you make B.A. or even matriculation as a standard, are you
not making the membership of this House to be a monopoly
of the few ? I fear that will be the consequence, Supposing
you lower down your standard, say, for instance, to the fourth
standard, to the study of the three Rs. or to literacy in order
that no community may be excluded from the opportunity of
sending its members to this House. Is That qualification any
good? It is of no value at all.
Therefore, my submission is this, that it is a good thing.
I am not going to outcry the feeling that there ought to be
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191PARLIAMENTARY DEBATES
some education in Members who come to represent their
various constituencies in this House. But I just cannot see
how you can give legal effect to it. Therefore, my suggestion
is that this is a matter which had better be left to the
people themselves, or to the political parties who will run
the Government. I have no doubt about it that if the political
parties, for their own particular purposes, do not attend to this
matter, people themselves in course of time will attend to it.
People are not going to allow persons who cannot discharge
their functions properly in this House to be continued and
returned for ever. They want results, They want their welfare
to be attended to, and I am sure about it that they will realise
that the only instrumentality through which they can achieve
this purpose is to send good men to this House. Therefore, I
think the proper course is to leave the matter to the people.
Now, Sir, my friend Prof. K. T. Shah in a somewhat
desperate mood said that he knew the fate of this Resolution.
That was because not that his Resolution was bad on merits
but because he was the Mover of it. I like to assure my friend
Prof. K. T. Shah that I have no such personal prejudice against
him, and certainly I am not the man to reject a Resolution
moved by a person because I happened to disagree with
him or happened to dislike him. There are many people in
this House who have personal prejudices—probably personal
antagonisms—between themselves, but I am sure about it that
no Member is going to allow these prejudices to stand in the
way of doing the work which this House is always engaged
in doing. Therefore, I hope that he will not carry such views
in his heart when he finds me opposing his Resolution.
Sir, I do not think that any purpose would be served by
forming a Committee because, as I find, nothing workable
has emerged from the debate. If I had found that any
concrete suggestion had emerged from the debate which it
was possible to give effect to in terms of law, I certainly
would not have hesitated to accept that recommendation.
My friend Prof. K T. Shah said that he did not despair at
this stage of finding a formula which he might give legal
effect to. I was waiting to hear from him further some
concrete suggestion and the method by which he would give
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192 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
it a legal form, but he abruptly ended by saying that he did
not despair of it, without throwing any light as to how the
matter could be dealt with. Of course, this matter I know
will be agitated on the Motion which I hope I shall be able to
make during this session for the consideration of the People’s
Representation Bill, because it is there that this matter is being
specifically put before the House, namely, the qualifications
and disqualifications. And no matter what the desire of my
friend Dr. Panjabrao Deshmukh may be, nothing can take
away the liberty of the House to reagitate this question in the
form of an amendment when the Bill comes. For the moment,
I am afraid I cannot accept this Resolution.
Mr. Speaker : I was just placing before the House the
amendments.
Shri Klamath (Madhya Pradesh): Sir, as the question is
coming up before the House later in the Session, I beg leave
to withdraw my amendment.
The amendment was, by leave, withdrawn.
Mr. Speaker : Then there is an amendment moved by
Shri S. N. Mishra. The question is:
That before the word “qualifications” the words “minimum
educational” be inserted.
The motion was negatived.
Mr. Speaker: Then as regards the Resolution. The question
is :
“This House is do opinion that qualifications be laid down
for membership of Parliament and Legislatures of States in the
Union of India and that necessary steps be taken forthwith to
give effect to them before the next election.”
The motion was negatived.
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193PARLIAMENTARY DEBATES
(21)
*COOCH-BEHAR (ASSIMILATION OF LAWS) BILL
The Minister of Law (Dr. Ambedkar) : I beg to move for
leave to introduce a Bill to assimilate certain laws in force in
Cooch-Behar to the laws in force in the rest of West Bengal.
Mr. Speaker : The question is :
“ That leave be granted to introduce a Bill to assimilate
certain laws in force in Cooch-Behar to the laws in force in the
rest of West-Bengal.”
The motion was adopted.
Dr. Ambedkar : I introduce the Bill.
** The Minister of Law (Dr. Ambedkar) : I beg to move :
“ That the Bill to assimilate certain laws in force in CoochBehar to the laws in force in the rest of West Bengal, be taken
into consideration.”
This is a very simple and short Bill, but having regard to
the experience which we have had in the last whole week, I
hope that I will be fortunate enough to get this Bill through
before the House rises this evening.
Sir, the object of the Bill is to extend certain central laws
relating to matters lying in List I and II to Cooch-Behar. The
Bill proposes to give the Central Government power to appoint
a day by notification in the Gazette as to when these laws
will come into operation. There is only one exception to these
laws, and that is with regard to the Muslim shariat law. With
regard to that, power is given to the West Bengal Government
to appoint the day so that on the day appointed by it the
Muslim shariat law will come into operation. This Bill would
have been unnecessary had Cooch-Behar become a merged
State before 1949, because the House will remember that by
*P. D., Vol. 5, Part II, 4th August 1950, pp. 291-292.
**P. D., Vol. 6, Part II, 1st December 1950, p. 1147.