z:\ ambedkar\vol-02\vol2-08.indd MK SJ+YS 21-9-2013/YS-8-11-2013 591
IN SUB-COMMITTEE NO. VIII 591
Dr. Ambedkar: I want to ask one question for information, if you will permit me to do so. Does the noble Marquess desire that the position of the Inspector-General should be recognised by statute, or does he want the position as it now is under the Police Act to be maintained ? Does he want them to be recognised by statute as officers having certain statutory rights and obligations ?
Lord Zetland: Yes.
Sir Provash Chunder Mitter: By Parliamentary statute ?
Lord Zetland: That is right. The Inspector-General now has these powers by statute, namely the Police Act.
Dr. Ambedkar: That is a different thing to the Police Act, which of course would be subject to amendment by the local Legislature. The question is whether you want the position of the Inspector-General to be recognised as that of an officer performing certain duties, and as an officer not liable to interference by the Minister or by the local Government ?
Lord Zetland: That is the effect of it. That is my proposal. I think that the powers which are now vested in the Inspector-General should be retained.
Sir Cowasji Jehangir: By what authority—by the Police Act or by the Government of India Act ?
Sir Chimanlal Setalvad: It should be beyond the vote of the local Legislature or of any Legislature to alter the provisions of the Police Act.
Lord Zetland: Yes. I think that it should be the Act of the Federal Government.
Mr. Zafrullah Khan: That can be done by placing the Police Act in the list as one of the Acts which cannot be repealed, altered, or modified, by a Provincial Government without the consent of the Governor-General.
Dr. Ambedkar: That would be the position today, because the Act can not be amended with the previous sanction of the Central Government.
† Mr. Zafrullah Khan : If I may add just this. Perhaps the members of this Committee are not all aware that both the Federal Structure Sub-Committee and the Joint Sub-Committee set up by Sub-Committees Nos. I and II have suggested quite a large number of enactments on comparatively unimportant subjects to be placed in that list under Section 80( 3 )( h ) and if we put the Police Act under that it will not contravene any principles whatever.
Dr. Ambedkar: I am in general agreement with Mr. Zafrullah Khan. The reason why the Police Act is not placed in the Schedule today is that the subject is a reserved subject, therefore as a matter of fact the Government of India has a complete control over the Department of Law and Order; and when the Department of Law and Order comes to be transferred the position will be altogether different. I think it will be necessary to consider whether we should not at least for the transitional period, consider the necessity of certain safeguards at least for keeping such as they exist at the
†Proceedings of Sub-Committee No. VIII (Services), pp. 186-88.