Vol. 15 · pages 336–340

319PARLIAMENTARY DEBATES Dr. Ambedkar: Section 13 of the Civil Procedure Code does deal with the matter. There is no question about the enforcement of a foreign decree. The question is what procedure each country may adopt. Shri Sidhva: That has no meaning. Dr. Ambedkar: What has no meaning? It may say just as in the case of an award you will have to file an application when only it becomes enforceable. In the same way, section 13 of our Civil Procedure Code says : “A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except— (a) where it has not been pronounced by a Court of competent jurisdiction; ”. The question of jurisdiction is always fundamental. It can never be stopped. It must be proved that the court which has given the decree had the jurisdiction to make the decree. Shri Sidhva: That is all right. Dr. Ambedkar: What is all right? If you go to a subordinate court and get a decree beyond its jurisdiction nobody can execute it because it is not valid. Mr. Chairman : The question is : “ That the bill further to amend the Code of Civil Procedure, 1908, be taken into consideration.” The motion was adopted. Clause 2 was added to the Bill. Clause 1 was added to the Bill. The Title and the enacting formula were added to the Bill. Dr. Ambedkar: I beg to move: “ That the Bill be passed.” Mr. Chairman: The question is: “ That the Bill be passed.” The motion was adopted.

320 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES (32) * JALLIANWALA BAGH NATIONAL MEMORIAL BILL The Minister of Law (Dr. Ambedkar): I beg to move : “ That the Bill to provide for the erection and management of a National memorial to perpetuate the memory of those killed or wounded on the 13th day of April, 1919 in Jallianwala Bagh, be taken into consideration.” The event which is known as Jallianwala Bagh is wellknown to every Indian and I do not think it is necessary to say anything more about it. What is relevant for purposes of this Bill is that soon after the incident certain well-known Indians decided to prepetuate the memory of those who were killed and wounded on that particular day. Dr. Tek Chand (Punjab): The session of the Indian National Congress held at Amritsar under the presidency of Pandit Motilal Nehru decided it. Dr. Ambedkar: Yes, and they collected an amount of money—some ten lakhs, I understand. Dr. Tek Chand: Yes, ten lakhs. Dr. Ambedkar: Out of that they purchased two or three pieces of land as are mentioned in the Schedule, which are being held as part of this trust. There is already a trust and trustees, but they are of informal character. It is now proposed to give this trust a statutory basis and the proposal is this, that the trustees will fall into three different classes : certain trustees who are to be life trustees, another set of trustees who are to be ex officio trustees, and three other persons who will be nominated by the Central Government. They will hold the land and the properties mentioned in the first part of the Schedule and the cash and movable property which according to my calculation comes to about Rs. 3,13,757-1-0. The object of the trust is to maintain this Memorial and to see that it is kept up and looked after properly. * P. D., Vol. 10, Part II, 20th April 1951, pp. 7179-81.

321PARLIAMENTARY DEBATES There is only one point that requires to be considered and that is that the original trustee mentioned in the Bill, the late Sardar Vallabhbhai Patel is now no more, and the House has to consider a substitute for him. The rest of the Bill is just as it was proposed by the original trustees who were acting as trustees for these purposes. Mr. Chairman: Motion moved: “That the Bill to provide for the erection and management of a National memorial to perpetuate the memory of those killed or wounded on the 13th day of April, 1919, in Jallianwala Bagh, be taken into consideration.” Shri Kamath (Madhya Pradesh): It is in the fitness of things that a Bill of this nature has been brought before this House. It is over thirty years ago that this massacre at Jallianwala Bagh took place and hundreds of our countrymen and women were either killed... Dr. Tek Chand : Two thousand—not hundreds. Shri Kamath: Killed? Dr. Tek Chand: Yes, two thousand killed. Shri Kamath: ………thousands were either killed or wounded. The Congress, as the statement of objects and reasons shows, passed a resolution in 1919 proposing to acquire a piece of land and to build a memorial thereon to the martyrs of Jallianwala Bagh. We have not been told by the Law Minister who moved the Bill what amount exactly was collected for this purpose. He said “about ten lakhs”, but he has not got the exact figure with him…………. Dr. Ambedkar: I said about ten lakhs—I can give the exact figure later. Shri Kamath :…….and how much of that amount has been utilised in acquiring the site whereon the proposed memorial is to be erected. It is wholesome that Government, the first Government of Free India, should take note of a resolution passed by the Congress many years ago and try to give effect to it. But, Sir, alongside of this certain other questions also arise. As I have already said, the Bill seeks to perpetuate the

322 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES memory of the martyrs of Jallianwala Bagh and to implement the resolution of the Indian National Congress of December, 1919. That marked the beginning of the Gandhian era in our politics, and during that period the Congress raised, or has raised, several funds of different kinds. An important point, therefore in connection with this Bill which has been moved by the Law Minister is, how far the Government will take note of or take cognizance of other funds also raised by the Congress for a specific purpose. Shri Bharati (Madras): On a point of order, Sir, How far is that relevant to the Bill before us ? The hon. Member is referring to funds raised by the Congress for other purposes. Are we concerned with that in this Bill? Shri Kamath: Of course, it is a resolution passed by the Congress that is the genesis of this Bill. Mr. Chairman: There is no point of order. Let the hon. Member develop his argument. *The Minister of Law (Dr. Ambedkar): After the speeches which have been delivered by my hon. Friend Dr. Bakhshi Tek Chand, the Prime Minister and Pandit Thakur Das Bhargava, I do not think that there is any point left which requires any answer. They have dealt with all the questions that have been raised by the various speakers in the course of this debate, particularly with regard to representation of certain interests on this trust. I think they have been effectively answered and I have nothing more to add. Mr. Chairman: The question is: “ That the Bill to provide for the erection and management of a National Memorial to perpetuate the memory of those killed or wounded on the 13th day of April, 1919, in Jallianwala Bagh, be taken into consideration.” The motion was adopted * P. D., Vol. 10, Part II, 20th April 1951, pp. 7229-33.

323PARLIAMENTARY DEBATES Shri J. R. Kapoor (Uttar Pradesh): ( English translation of the Hindi speech. ) I beg to move: In caluse 2, for “National Memorial” substitute “Rashtriya Smarak”. My submission is that it is but in the fitness of things that the name of this National Memorial should be in the national language. We must give appropriate name to a thing and the name of the National Memorial which we are going to erect should be such as easily understandable to everybody in the country. By giving it a name in English, we shall be depriving a large number of people of easily understanding its importance. Therefore, I submit that it should be named Jallianwala Bagh Rashtriya Smarak. I hope and believe that the hon. Minister would agree to my humble request by accepting this amendment. I have nothing more to add in this connection. Dr. Ambedkar: I am afraid I cannot accept this amendment. Shri J. R. Kapoor: I do not want to press it. If the hon. Minister does not accept it, he may put this name within brackets as is also done with the name of our country Bharat which is also written within brackets. Dr. Ambedkar: I am afraid, I cannot accept this. Shri J. R. Kapoor: Then I do not press it. Mr. Chairman: The question is. “ That clause 2 stand part of the Bill.” The motion was adopted. Clause 2 was added to the Bill. Clause 3.—( Objects of the Trust ) Shri Kamath (Madhya Pradesh): I beg to move: In part (c) of clause 3 for “raise and receive” substitute “raise, receive and administer”. The sub-clause, as it stand, reads thus: “ The objects of the Trust shall be— ...(c) to raise and receive funds for the purposes of the Memorial.” It stands to reason that the Trust shall be formed not only for the purpose of raising and receiving funds but also for the purpose of administering them. Otherwise the enumeration