z:\ ambedkar\vol-02\vol2-08.indd MK SJ+YS 21-9-2013/YS-8-11-2013 607
IN THE FEDERAL STRUCTURE COMMITTEE 607
this : Are we quite certain that the Princes’ nominees to the Federal Legislature will not play the part of the official speaking for myself, I will be quite candid and say that I am not certain about it; and I will make my position quite clear as to why I say that. We all know that the Princes carry on the administration of their States under what is called the system of paramountcy, and I think we all know that one of the incidents of the doctrine of paramountcy is that the Paramount Power claims the right of advising the Princes on the matter of important appointments.
H. H. The Maharaja of Bikaner: Not in all. It may be in one or two cases.
Dr. Ambedkar: Well, I can only say that that is what the Butler Committee stated.
Colonel Haksar: Did they ?
H. H. The Maharaja of Bikaner: Did they ? If they did they were wrong, as they were in some other respects.
Dr. Ambedkar: I think I am right at least, that is how I have understood it. Add to this the fact that paramountcy in the new constitution is contemplated to remain a reserved subject. Now, supposing the Political Department, which will be exercising the powers of paramountcy, claims the right to advise the Princes in the matter of nomination to the Federal Legislature, what is the effect ?
H. H. The Maharaja of Bikaner: It cannot and would not; and that would not be accepted by the States.
Dr. Ambedkar: What I say is this. Suppose the Political Department claims that the nomination of the Princes to the Federal Legislature is an important appointment, and as such the Political Department must exercise its right to advise the Princes—what happens ? So far as I am able to judge, so far as I am able to conjecture, the only result will be that the Princes’ nomination will in fact be nothing less and nothing else than the official bloc replaced in another form.
Colonel Haksar: It does not happen.
Dr. Ambedkar: And now, at this stage, My Lord Chancellor, I would like to say one thing.........
Sir Maneckjee Dadabhoy: But you have not given us the solution of that problem.
Dr. Ambedkar: I say election, absolutely.
Colonel Haksar: Dr. Ambedkar, would you at some time or other give us the reference to the Butler Committee’s Report ?
Dr. Ambedkar: I will try.
Colonel Haksar: Because you credit them with the assertion that the Political Department makes appointments in the important States.
Dr. Ambedkar: Well, Colonel Haksar, we will not wander into a controversy ; but if paramountcy is not brought into operation many other influences could be brought to bear.
Colonel Haksar: You are departing from your position.
Dr. Ambedkar: No, I am not. I will give you the reference.