Vol. 2 · pages 121–125
In the Bombay Legislature, with the Simon Commission and at the Round Table Conferences
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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102 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
peace and tranquillity of the Presidency. It is therefore imperative to abolish
the system.
The Bill aims (1) to abolish the Khoti system and to establish direct
relationship between Government and those who, are in possession or
occupation of the land which is under the management or beneficial enjoyment
of the Khot, (2) to make provision for the payment of reasonable compensation
to the Khot for the loss of his rights, and (3) to give those inferior holders
who are in actual occupation of the land the status of occupants within the
meaning of the Land Revenue Code, and (4) to provide for other incidental
purposes.
With these words, Sir, I beg leave of the House to introduce the Bill.
Question proposed.
Mr. S. L. Karandikar (Ratnagiri North): Mr. Speaker, Sir, I rise to oppose
the introduction of this Bill. (Interruption.) I would not ordinarily have
opposed the introduction, because it seems to be a formality in this House
to allow introduction unopposed. But I think it my duty to oppose this Bill
at its very introduction for one reason only.
When the land revenue question was being discussed in this House at the
time of the demands for grants, it was made clear to us by the Honourable
the Revenue Member, when he gave us an assurance, that the whole question
of land revenue policy in the Presidency would be taken up some time in
ensuing February, and therefore, we have to wait before we do anything. We
should not accept any piecemeal legislation in regard to any item of land
revenue. Therefore, even the members on the Treasury benches will agree
with me when I say that this piecemeal legislation that is being proposed
should not be allowed to be introduced in this House.
There are so many other remarks that I would have liked to oppose,
because the introductory remarks were read out to the House ; but, I
believe, there is sufficient time ahead when all these matters will have to
be discussed and fought for. Therefore, I do not want to take up any more
time of the House. But I think this is a matter of principle. Government
have given us an assurance that the whole question of land revenue in
this Presidency will be taken up for consideration and that legislation on
a broad basis will be brought before this House some time in January or
February. There is no reason why an exception should be made so far as
this legislation relating to Kolaba and Ratnagiri is concerned. With these
remarks I oppose the introduction.
The Honourable the Speaker: I do not think that any other member has a
right to participate in this, treating it as a debate. The honourable member
who begs leave to introduce the Bill has a right of reply ; and if he wants
to reply, I will give him a chance.
Dr. B. R. Ambedkar: Sir, I do not think that any very detailed
reply is called for by the observations made by my honourable friend
Mr. Karandikar. He said that the Honourable the Revenue Minister has
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103 ON A BILL TO ABOLISH THE KHOTI SYSTEM
given an assurance to the House that he is going to bring in legislation in
order to overhaul the whole of the revenue system. Unfortunately, I was
not present when this assurance was given; and I personally myself do not
know exactly the extent and the scope of the assurance that he gave to the
House. But, Sir, what I should like to submit to the House is this. The Khoti
system is a system which stands by itself. It is not a system which comes
under the Land Revenue Code and therefore can be said to be a part and
parcel of the general land tenure of this Presidency. It is a separate item
altogether. Therefore, I do not see any objection to a system which does not
come under the general system being considered by itself.
My second submission to the House is that if the honourable members who
occupy the Treasury Bench do in fact intend to carry out what they have
assured the House they will, and if I find that the measures that they are
bringing forth in order to deal with the subject with which this Bill deals
are of such a nature that I should be content with the remedies which they
propose, then I have no hesitation in saying that I will withdraw the Bill
if I find that their legislation is superior to mine. I do not think anything
more is necessary for me to say on this occasion.
Question put, and leave granted.
Dr. B. R. Ambedkar: Sir, I introduce the Bill.
The Honourable the Speaker: The Bill is introduced.
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21
*ON VILLAGE PANCHAYATS BILL : 1
Dr. B, R. Ambedkar: Mr. President, I have listened with very great interest
to the speech delivered by the Honourable Minister in charge of this Bill.
Sir, I must also say that I have listened to it with very grave concern. I am
sure there can be no two opinions on the fact that this Bill deals with some
very vital issues. It not only deals with the question of self-government in so
far as it affects the civic amenities of the rural population of this Presidency,
but it also affects the question of the life, liberty and property of the rural
population. Having regard to these vital issues involved in this Bill, I am
bound to say that the Honourable Minister, in justice to all the interests
concerned, ought to have given a longer period for the consideration of the
implications involved in this Bill. Sir, he has chosen to satisfy his conscience
by barely complying with the requirements of the law by allowing seven
days to pass before the Bill was brought for consideration. May I say that
in my opinion not only seven days but seven months are necessary for the
consideration of this Bill ? And I suggest that there would be nothing wrong
even now in the Honourable Minister sending this Bill for circulation in
order to elicit the opinion of the general public on the issues involved in
this Bill. That course I would request him with all due respect to adopt,
but if he does not, I would like to address to him two other considerations
which, in my opinion, are very important considerations. Sir, I would like
to say that, in my opinion, the present Government is not competent to
undertake this piece of legislation. The Government is aware that the
present system of administration is a discredited system. I am not using that
in any carping sense. I am only trying to depict the facts as we all know
them. Sir, no section of the population of this country is satisfied with the
administration and the working of this Government. Indeed, if one wants
to state facts as they are, there is a powerful section in this country which
is not prepared to admit and to acknowledge the moral authority of this
Government to rule. Sir, we also know that we are on the threshold of a
new constitution. We know that the constitution of India for a government
of the people, by the people and for the people is on the anvil. We all know
and I think we are justified in hoping that this new constitution will be
*B.L.C. Debates, Vol. XXXV, pp. 1128-36, dated 6th October 1932.
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105ON VILLAGE PANCHAYATS BILL
forged within the short period of a year or two, and that a new government,
supported fully by all sections of the community, will be installed. Sir, having
regard to that consideration, I would like to point out to the Honourable
Minister and to those honourable members who are occupying the Treasury
Bench that they in their present position are no better than caretakers.
Sir, by common consent a caretaker cannot undertake substantial alterations
in the premises he is appointed to look after. At the most, during the interval
before the real occupant comes to occupy his abode, he may undertake repairs
in order to keep the building in working order.
I would also like to point out to the Honourable Minister the analogy
of parliamentary life. In England where parliamentary system has been
in operation for centuries now, when a Ministry is defeated and when the
defeated Ministry does not resign outright and allow the reins to pass into
the hands of the opposition but chooses to make its appeal to the electorate,
it is an accepted convention of the constitution that the Ministry so situated
must not undertake any legislation of any consequential importance. All that
they can do is to look after the administration pending the decision of the
electorate so that the new Government may not be embarassed by anything
that may be undertaken by such a Government. I ask the Honourable Minister
whether he does not wish to abide by the conventions of the parliamentary
constitution. I leave it to him to decide.
Sir, I do not find any reason why the Honourable Minister should rush
with this measure with such terrific speed, if I may say so, with only seven
days notice. I do not find that there is any very great urge, that there is
any very great necessity and urgent call upon him by the people of this
Presidency to introduce this measure. So far as I am aware, no political
party in this country has made this measure a party cry. I do not know
that the Liberals, the Responsivists or the Non-Brahmins or the Congress
members who were in this House during the last Legislative Council had
ever insisted that they looked upon the introduction of the village panchayats
as a fundamental part of their programme. I know of no such thing. Not
only that, but I do not find that the masses themselves are clamouring for
this measure. If you read the report of the Committee made in 1925 on this
question appointed to report upon the working of the Village Panchayat
Act of 1920, what do you find ? You find this. There are in this Presidency
as many as 30,000 villages, on a rough calculation. The Act was passed
in 1920 permitting the people to apply for the application of that Act
voluntarily. What is the result ? The result is that the Sind people set their
face against the introduction of village panchayats, so that we do not find a
single village panchayat instituted in the province of Sind. In the presidency
proper, there is a paltry figure of 323 or something like that. I submit that
it is a sad commentary on the civic spirit of the people. Apart from that,
it is a proof positive that the people are not anxious for the introduction of
village panchayats. I do not wish to go into the reasons of that at this stage,
but I am certain that my honourable friend the Minister for Local Self-
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106 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Government will accept that that is a correct analysis of the situation. Not
only that, but I would like to suggest that the reason why he has superadded the judicial functions to the village panchayats is to sweeten the pill
so that it may be swallowed more readily. In view of these considerations,
I think it would be advisable for the Honourable Minister to postpone the
Bill sine die so that it may be considered in all its implications on its merits
by a new Government which will be fully representative of the people of
this Presidency.
Coming to the merits of the Bill itself, Sir, I find that the Bill has two
parts. The first part deals with the functions of the panchayat as a body for
local self-government. I should like to say at once that I have no objection
in principle to the policy of devolution ; if it is found that the local boards
of this Presidency are overburdened by the functions which are placed upon
them by the Local Board Act and if by reason of that they are unable to
discharge their functions efficiently, then I say “by all means institute village
panchayats so as to disburden the local boards.” Sir, if the desire is to
constitute panchayats for their own sake, then to my mind it is a reversion
to a very dangerous system. Many have eulogised the ancient system of
village panchayats. Some have called them “rural republics”. Whatever be
the merits of these rural republics, I have not the slightest hesitation in
saying that they have been the bane of public life of India.
Mr. Pestanshah N. Vakil: Question.
Dr. B. R. Ambedkar : If India has not succeeded in producing nationalism,
if India has not succeeded in building up a national spirit, the chief reason
for that in my opinion is the existence of the village system. It made all
people saturated with local particularism, with local patriotism. It left
no room for larger civic spirit. None whatever. Under the ancient village
panchayats, India, instead of being a country of a united people, became
a loose conglomeration of village communities with no common tie except
common allegiance to a common King. I am glad to say, Sir, that this is not
my opinion alone. A member of the committee which was appointed in 1925
expressed himself in that same strain. I refer to the minute of my friend
Mr. R. G. Pradhan. This is what he stated in that minute :
“The excessive village patriotism and village spirit which these communities
fostered proved very fatal to the growth of a strong Indian nationality based
on the realisation of the territorial unity of India as a whole or of the racial
unity of each of our natural territorial divisions.”
Mr. Pestanshah N. Vakil: Is Mr. R. G. Pradhan a historian ?
Dr. B. R. Ambedkar : I do not think that we need bring historians here ;
we ought to be beware of historians. In these days when you are striving
for bringing about a national spirit, in these days when you are striving
for bringing about a common nationality and a common sense of Indian
citizenship, in my opinion we ought to do nothing which will nullify and
which will dilute that sense. I would like to leave this aspect of the matter
at that so far as I am concerned.