Vol. 15 · pages 876–880
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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857PARLIAMENTARY DEBATES
Shri P. Sundarayya (Madras) : Let us confiscate it.
Dr. B. R. Ambedkar : I have no idea what they have
done. The third fact he told me was that all trade in the
village was in the hands of the Reddys
An hon. Member: What is wrong ?
Dr. B. R. Ambedkar: The lowest village officer is also a
Reddy; the ‘mulki’ is also a Reddy. Well, Sir, I want to know for
myself, especially in view of the fact whether the reservation,
which was so blissfully granted to us by the Congress Party
for ten years, is going to disappear.
An hon. Member: You accepted it.
Dr. B. R. Ambedkar: Yes, what else can one do; if you
can’t get puri you must get roti. Sir, in view of the situation
that is obtaining there, you can imagine what is likely to
be the position of the Scheduled Castes. What provision has
my hon. Friend made for the purpose of granting protection
against tyranny, against oppression, against communalism,
that is sure to be rampant not only in the Andhradesh but
everywhere in the States similarly situated. One of the greatest
regrets that I have is that the Home Member, whose duty
it is to see that every citizen is well protected against the
tyranny of the majority, has come here with a Bill with no
idea, with no conception as to what the State is likely to be
and what is likely to happen to millions of people. I know,
Sir, he is a high born person.
Dr. K. N. Katju: Who ? I ? I started life in a normal
manner ............
Dr. B. R. Ambedkar: But the fact is that he is a Kashmiri
Pandit. Even if he takes to the profession of a Bhangi he
will still remain a Kashmiri Pandit. He may never suffer. All
people may respect him for his ancestry, for his noble birth,
for his learning. What about us who have been tyrannised
for the last 2,000 years ?
Shri H. P. Saksena (Uttar Pradesh): But we all respect
you.
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858 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Dr. B. R. Ambedkar: I may die in ten years time. Now,
Sir, these are the three considerations which I thought I
should urge before my hon. Friend, the Home Minister, for his
consideration. There is still time even in this House, if he likes.
Shri K. S. Hegde : Is it the suggestion that Andhra should
have a different tradition altogether ?
Dr. B. R. Ambedkar: I am going to suggest that. That
is what I am going to tell him, that he has not applied his
mind to this subject.
Shri K. S. Hegde : That will be applicable to all the States.
Dr. B. R. Ambedkar: I have said so.
Shri K. S. Hegde: It is a general proposition.
Dr. B. R. Ambedkar: Wait a minute now, please.
Mr. Chairman we are not going to finish our troubles with the
creation of the Andhra State. There are plenty of other States
which are making a similar demand and I think it is therefore
necessary for the Government to find out whether there are any
other ways and means whereby we could keep the multi-lingual
provinces as they are, and remove the feelings and the lots
of blemishes that arise therefrom and only in excusable cases
resort to the creation of a linguistic State, I have been devoting
a certain amount of attention to this question because I know
that this is going to be one of our most crucial questions. Sir,
my suggestions are two-fold. Wherever I find a multi-lingual
State I would vest the Governor there with certain special
powers to protect the minorities in that State. That is one
proposition that I would place before the Government for its
consideration. I shall presently cite some authority in order that
they may not think that this is my imagination. I am going
to cite some constitutional precedents. And the second thing
that I would like to be done would be that in all such States
where there are multi-lingual people you should establish by
law committees of members belonging to different linguistic
sections which would have the right to hear and the right
to ask the Ministry whether they are doing justice to their
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859PARLIAMENTARY DEBATES
problems. Also they should have the right to appeal to the
Governor to set aside any act of injustice that might have
been done to any one section. I think, if these three things
are done, we should be able to keep the States as they are,
at any rate in the first stage. If ultimately we find that we do
not succeed even with these measures, then fate may take us
to the logical extreme end, namely, to have a linguistic State.
Sir, in the case of creation of linguistic States, in my
judgement there appear to me to be two considerations. One
is that the linguistic State must be a viable State. It may be
that this is a small State which has got a culture and which
has got a language and which has got a separate feeling and
an entity. Yet it is so small that it cannot find the means of
carrying on its Administration. People do not live on culture.
People do not live on language. People live on the resources
that they possess. But if God has given them culture and God
has given them language but God has not given them the
resource, I am afraid they cannot have the luxury of having
a separate linguistic State, The second thing is this. It is only
in our country that we find that linguistic provinces create
difficulty. I would like to ask the question as to why there
are no difficulties in Switzerland although Switzerland itself
is a multilingual unit. The Cantons have French, German and
Italian. Yet they are a very happy nation and they are the
most prosperous nation today. Why is it that Switzerland has
no provinces although it is a multi-lingual unit ? The answer
which I can give is this that linguism in Switzerland is not
loaded with communalism. But in our country linguism is
only another name for communalism. What happens when
you create a linguistic province is that you hand over the
strings of Administration to one single community which
happens to be the majority community and I can cite many
provinces where this is likely to happen. That community
charged with a feeling of its own sacred existence begins to
practise the worst kind of communalism which otherwise is
called discrimination. Discrimination creates injustice and
injustice creates ill-feeling. If our linguism was not charged
with communalism our linguism would not be a danger to
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860 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
us at all; but the fact is that it is. But it seems to me that in
order to do away with the community practising communalism
being in office these two remedies are worth while, namely,
to give the power to the Governor to override and, secondly,
to appoint small committees who can make representations
either to the Ministry or to the Governor.
Now, Sir, we have inherited a tradition. People always keep
on saying to me : “Oh, you are the maker of the Constitution”.
My answer is I was a hack. What I was asked to do, I did
much against my will.
Shri P. Sundarayya: Why did you serve your masters
then like that ?
Mr. Chairman: Order, order.
Dr. B. R. Ambedkar: But, Sir, we have inherited, on
account of our hatred of the British, certain ideas about
democracy which, it seems to me, are not universally accepted.
We inherited the idea that the Governor must have no power
at all, that he must only be a rubber stamp. If a Minister,
however scoundrel he may be, however corrupt he may be,
if he puts up a proposal before the Governor, he has to ditto
it. That is the kind of conception about democracy which we
have developed in this country.
Shri M. S. Ranawat (Rajasthan): But, you defended it.
Dr. B. R. Ambedkar: We lawyers defend many things.
(Interruptions.) You should listen seriously to what I am
saying, because this is an important problem.
Sir, as I said, we happened to develop a theory of democracy,
simply because of our opposition to the British. The British
must go and the British must have no power. A Governor
must have no power. Let me cite two cases.
One case which I propose to cite is about the Constitution
of Canada and I refer to section 93 of that Constitution. As
everyone in this House knows, Canada, like ourselves, is a
billingual place. A part of it speaks English; a part of it speaks
French. And what is worse still is that the English-speaking
people are Protestants; the French are Roman Catholics. In
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861PARLIAMENTARY DEBATES
1864, when the Constitution of Canada was made, the Catholics
were very much afraid as to what might happen to them
under the English Protestant majority and they were not
prepared to come into the Constitution of a united Canada.
Therefore the Parliament enacted section 93 in the Canadian
Constitution. That section does two things. It says that if
any province—naturally the reference was to provinces in
Protestant areas—where Roman Catholics lived passed any
law with regard to certain matters which the Roman Catholics
regarded as their special privilage based upon religion, they
had the right to appeal to the Governor General that a wrong
was done to them, and the Governor General by section 93
had the right to look into their complaint. It was a statutory
right of complaint. Not only did section 93 give the catholics a
statutory right of appeal against the decision of the majority
to have a certain measure annulled, but it goes much further
and says that the Governor General shall have the right to
enact a positive measure in protection of the Catholic minority.
I would like to ask my friend, the Home Member, whether,
with the inclusion of section 93 in the Canadian Constitution,
he regards the Canadian Constitution to be democratic or
undemocratic. What is his answer ?
11-00 A.M.
Dr. K. N. Katju : My answer is that you had drafted this
Constitution.
Dr. B. R. Ambedkar: You want to accuse me for your
blemishes ?
Mr. Chairman : He has said that he defended the present
constitution because it was the majority decision. Get along.
Dr. B. R. Ambedkar : Sir, therefore, my submission is
this that no harm can be done to democracy and to democratic
Constitution if our Constitution was amended and powers
similar to those given to the Governor General under section 93
were given to the Governor. At any rate, that would be
some kind of a safeguard to certain small linguistic areas or
linguistic groups who find that the majority in the State are
not doing justice to them.