z:\ ambedkar\vol-02\vol2-09.indd MK SJ+DK 21-9-2013 677
EVIDENCE : MR. SACHCHIDANANDA SINHA 677
say : “I will not accept your advice, although you are dealing with a transferred Department, because the action that you propose to take will be a menace to peace and tranquillity” ?
Mr. Sachchidananda Sinha : No.
- Dr. B. R. Ambedkar : So, consequently, this is a retrograde provision ?
Mr. Sachchidananda Sinha : Undoubtedly.
- Dr. B. R. Ambedkar : Today the Minister can take any action he likes in his Department. Under the new scheme of the White Paper (assuming the White Paper goes through) every Department would be a transferred Department. The veto of the Governor arising out of his special power to maintain peace and tranquillity instead of being confined to one particular Department of Law and Order will spread itself over to every Department ?
Mr. Sachchidananda Sinha : Yes.
- Dr. B. R. Ambedkar : It would be, to that extent, a diminution of responsibility in every Department, although every Department would be a transferred Department ?
Mr. Sachchidananda Sinha : That is so.
Dr. B. R. Ambedkar : Now let me come to the question of the Services. You will see the Appendix 7 which enumerates them —
Viscount Burnham : On a point of order, my Lord Chairman, we have had this explanation of what are the present powers of the Governors of Provinces, but we are not told where it is laid down.
Dr. B. R. Ambedkar : I drew attention to Section 52( 1 ) of the Government of India Act.
Viscount Burnham : On whose authority is this explanation given ?
Dr. B. R. Ambedkar : I do not know.
Viscount Burnham : Who authorises the explanation which you have given ?
- Dr. B. R. Ambedkar : That is my own interpretation of the Act and the Witness agrees with it. I refer to Section 52, and the Instrument of Instructions, which is part of the Act. Now coming to the question of the Services, Appendix 7, you will see there in that Appendix—I do not want to refer specifically to each point, that provision is made that the Secretary of State in Council shall retain all powers regarding classification and the regulation of the conditions of service ?
Mr. Sachchidananda Sinha : Yes.
- Dr. B. R. Ambedkar : May I refer you now to Section 96B, subsection (2) ? This is how it reads : “The Secretary of State in Council may make rules for regulating the classification of the Civil Services in India, the methods of their recruitment, their conditions of service, pay and allowances and discipline and conduct.” And further “such rules may, to such extent and in respect of such matters as may be prescribed, delegate the power of making rules to the Governor-General in Council or