z:\ ambedkar\vol-02\vol2-09.indd MK SJ+DK 21-9-2013 681
EVIDENCE : MIR MAQBOOL MAHMOOD AND OTHERS 681
those States which did not enter, but whose votes were used ?
Mir Maqbool Mahmood : It would, substantially, be the same as it is now.
- Dr. B. R. Ambedkar : No ; my point is this : Would the Federal law be operative in those States which did not enter the Federation, but whose voting strength was used by States which did enter the Federation ?
Mir Maqbool Mahmood : In certain matters of taxation, it would apply in spite of it. In other matters it would apply by negotiation.
- Dr. B. R. Ambedkar : Would they be regarded as member States of the Federation ?
Mir Maqbool Mahmood : No.
Dr. B. R. Ambedkar : They would not be? Mir Maqbool Mahmood : No.
Dr. B. R. Ambedkar : And yet their votes would be used ?
Mir Maqbool Mahmood : Yes. In the same way as under Article 147 of the Canadian Constitution, Nova Scotia and New Brunswick exercised the votes of Edward Island in the Senate that the latter formed the Federation.
- Dr. B. R. Ambedkar : Now I want to ask some questions about nationality. I do not know which of you gentlemen would address yourself to that matter. I think it is common ground that the subjects of the Indian States are aliens, so far as British India is legally concerned ?
Mr. K. M. Panikkar : They are British protected people, but, in law, they are aliens.
- Sir Hari Singh Gour : They are not British subjects ?
Mir Maqbool Mahmood : They are not British subjects.
- Dr. B. R. Ambedkar : They come within what is known as the Foreigners’ Act in British India ?
Mir Maqbool Mahmood : I do not think so.
- Dr. B. R. Ambedkar : You can take it from me, that they do. Anyhow, it is common ground, that they are not British subjects, and you do not propose, I suppose, to regularise the position which would be most compatible and consistent with All-India Federation, to have one common Indian nationality ?
Mir Maqbool Mahmood : That is not contemplated.
- Dr. B. R. Ambedkar : So I take it that the result of this will be that if the situation which obtains now continues, aliens (I mean subjects of the Indian States) would be entitled to the franchise, would be entitled to stand as members of the Federal and the Provincial Legislatures, and would be entitled to hold office of trust under the Crown, without being subjects of the Crown ?
Mir Maqbool Mahmood : That is possible, even now.
- Dr. B. R. Ambedkar : I know it is possible.
Mir Maqbool Mahmood : It has happened, even now.