z:\ ambedkar\vol-02\vol2-09.indd MK SJ+DK 21-9-2013 682
682 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
- Dr. B. R. Ambedkar : But what I want to ask is this : Do you not regard that as an anomalous thing ?
Mir Maqbool Mahmood : We do not think so.
- Dr. B. R. Ambedkar : Can you cite to me any Constitution in which an alien is entitled to the franchise, is entitled to stand as a member of the Legislature, and is further entitled to hold office of trust ?
Mir Maqbool Mahmood : Even here our distinguished Delegate, Sir P. Pattani, was a member of the Executive Council.
- Dr. B. R. Ambedkar : I know that, but what I am trying to impress upon you is that that is an anomalous thing, something which is not found in any other Federation ?
Mir Maqbool Mahmood : I cannot cite an instance at the moment.
- Dr. B. R. Ambedkar : You think it is a very wide system in which a subject of an Indian State may hold an office of trust under the Crown, and yet may be subject to what is known as the Foreigners’ Act ?
Mir Maqbool Mahmood : So long as he takes the Oath of Allegiance to the Constitution.
- Dr. B. R. Ambedkar : Do you think that would take him out of the purview of the Foreigners’ Act ?
Mir Maqbool Mahmood : If it is necessary for you to reconsider that Act, you might do so.
- Dr. B. R. Ambedkar : That is the point I am putting. Would it, therefore, not be desirable to have a common Indian nationality ?
Mir Maqbool Mahmood : I am afraid we have not considered the legal implications of this position.
- Mr. Jayakar : Has this question of a common nationality been considered by the Princes at all ?
Mir Maqbool Mahmood : Yes.
- Dr. B. R. Ambedkar : And they do not approve of it ?
Dr. P. K. Sen : The Princes have not denied the allegiance of their subjects to the British Crown, subject to their allegiance to the Rulers of the States themselves. That is, a supplementary allegiance has always been considered in that sense, and therefore they have always been allowed, in Provinces of India the same privileges as British Indians.
- Dr. B. R. Ambedkar : I am talking about the legal position as it would be ?
Mir Maqbool Mahmood : I do not think, if I may say so with respect, that analogy would help us very much in a case of this kind, because the position as regards the States in India and their relationship with the Crown is undoubtedly unique, and you cannot, therefore, draw much help by analogies of that description ; but as a matter of fact, the question of nationality is preeminently important, and I dare say some proper solution could be arrived at after consideration, but it is hardly possible to give a definite answer with regard to the legal position and all the implications arising therefrom, in