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676 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
of control. If you take Section 52, sub-section (1) says : “The Governor of a Governor’s Province may, by notification, appoint Ministers, not being members of his Executive Council”, and so on ?
Mr. Sachchidananda Sinha : Yes.
- Dr. B. R. Ambedkar : Then we come to sub-section (3) — this is what it says : “In relation to transferred subjects, the Governor shall be guided by the advice of his Ministers, unless he sees sufficient cause to dissent from their opinion, in which case he may require action to be taken other wise than in accordance with that advice” ?
Mr. Sachchidananda Sinha : Yes.
- Dr. B. R. Ambedkar : What I call your attention to is that this section does not say that wherever the Governor thinks there is a menace to peace and tranquillity, he shall overrule his Ministers ?
Mr. Sachchidananda Sinha : No.
- Dr. B. R. Ambedkar : Specific provision is not made in this section as it is now made in the White Paper ?
Mr. Sachchidananda Sinha : No, that is so.
- Dr. B. R. Ambedkar : If you refer to the Instrument of Instructions, which is issued to the Governor, in which he is told in what cases he should not Act upon the advice of the Ministers ?
Mr. Sachchidananda Sinha : I have not got a copy here.
- Dr. B. R. Ambedkar : You will find it in that book at page 269 ?
Mr. Sachchidananda Sinha : Yes, I have it.
- Dr. B. R. Ambedkar : On page 270, clause VI of the Instrument of Instructions says : “In considering a Minister’s advice and deciding whether or not there is sufficient cause in any case to dissent from his opinion, you shall have due regard to his relations with the Legislative Council and to the wishes of the people of the Presidency as expressed by their representatives therein.” In other words, the Governor, under the present circumstances, can over-rule the Minister and not accept his advice in the matter of transferred Departments, only if he came to the conclusion that the Minister had not the support of the Legislature or of the constituencies ?
Mr. Sachchidananda Sinha : That is so, I suppose.
- Dr. B. R. Ambedkar : What I want to say is this, if I may, for the sake of clarity : Under the existing system of administering transferred Departments, the Governor has not got his special veto which is now given under clause ( a ) of the powers given to the Governor, namely, to maintain peace and tranquillity ?
Mr. Sachchidananda Sinha : That is so.
- Dr. B. R. Ambedkar : Today, having regard to the fact that the Department of Law and Order is a reserved subject, he, of course, can take any action that he likes within the scope of that Department ?
Mr. Sachchidananda Sinha : Yes
- Dr. B. R. Ambedkar : But he cannot come to the Minister and